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HomeMy WebLinkAbout2001-01-09 Public HearingPublish 1/2 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be heid by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 9t~ day of January, 2001, in the Civic Center Council Chambers, 410 E. Washington Street, ~owa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. A resolution amending the Comprehensive Plan, South District Plan, to change the Land Use Plan for the area south of Napoleon Park and west of South Gilbert Street from Multi-Family Residential and Public Open Space to Public, Institutional (approximately 21 acres) and Commercial (approximately 2 acres) and to depict the general location of an east-west aFcerial street, which will connect Gilber~ Street to the west side of the Iowa River. 2. An ordinance changing the use designation from Interim Development Multi- Family Residential (ID-RM) to Community Commercial (CC-2) for approximately 2 acres of property located west of Gilbert Street and south of Napoleon Lane. 3. An ordinance approving a revised sensitive areas development plan for the Peninsula Neighborhood, an 82.1 acre residential neighborhood containing up to 400 dwelling units located at the west end of Foster Road. 4. An ordinance amending Section 14-6J-1, the Off-Street Parking Requirements, to require only one off-street parking space for small one- bedroom single-family, townhouse, and duplex dwellings. Copies of the proposed resolution and ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK ppdadm/nph-1-9~01 doc Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO CHANGE THE LAND USE PLAN FOR THE AREA SOUTH OF NAPOLEON PARK AND WEST OF SOUTH GILBERT STREET FROM MULTI-FAMILY RESIDENTIAL AND PUBLIC OPEN SPACE TO PUBLIC, INSTITUTIONAL (APPROXIMATELY 21 ACRES) AND COMMERCIAL (APPROXIMATELY 2 ACRES) AND TO DEPICT THE GENERAL LOCATION OF AN EAST-WEST ARTERIAL STREET, WHICH WILL CONNECT GILBERT STREET TO THE WEST SIDE OF THE IOWA RIVER. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the City owns 21 acres of land south of Napoleon Lane, which has been rezoned to a Public (P) zone and is being developed as the Iowa City Public Works Complex; and WHEREAS, there is a 2-acre parcel of land abutting the City-owned property on its southern border which is also located at the future intersection of two arterial streets; and WHEREAS, given the location of this 2-acre parcel between the Iowa City Public Works Facility and the future intersection of two arterial streets, it is no longer suitable for residential development as indicated in the South District Plan. but is more appropriate for commercial development; and WHEREAS, the Comprehensive Plan, and specifically the South District Plan, should be amended to accurately reflect current and appropriate land-use designations as well as the location of significant public infrastructure such as future arterial streets; and WHEREAS, the Planning and Zoning Commission has reviewed the location of the above-referenced land-uses and the proposed South Central arterial street and has recommended the amendment of the Comprehensive Plan, specifically the South District Plan, to reflect the location of same; and WHEREAS, the Comprehensive Plan, specifically the South District Plan, should be amended to reflect the location of the Iowa City Public Works Complex, the designation of the 2-acre parcel as commercial, and the general alignment of the proposed South Central arterial street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The South District Plan is hereby amended to: 1) designate the 21-acre City-owned property south of Napoleon Lane from "Apartments" and "Townhouses" to "Institutional/Public"; 2) designate the 2-acre parcel directly south of the aforementioned City-owned property from "Townhouses" to "General Commercial"; and 3) to reflect the general alignment of the future South Central arterial street. Passed and approved this day of ,2000. Mayor ATTEST: City Clerk Ap y: .... AP ""' STAFF REPORT To: Planning and Zoning Commission Prepared by: Karen Howard Item: REZ00-00021.2-acre parcel along Date: November 9, 2000 South Gilbert Street approx. 900 ~. south of Napoleon Lane GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Contact Person: City of Iowa City Department of Planning and Community Development 410 E. Washington Street Iowa City, Iowa 52240 Requested Action: Comprehensive Plan Amendment and Rezoning of property from Interim Development Multifamily Residential (ID-RM) to Community Commercial (CC-2) Location: Comp Plan Amendment: West side of Gilbert Street and and directly south of Napoleon Lane Rezoning: West side of Gilbert Street approximately 900 feet south of Napoleon Lane Size: Comp Plan Amendment. approx. 21 acres Rezoning: 2 acres Existing Land Use and Zoning: Undeveloped; Interim Development Multifamily Residential (ID-RM) Surrounding Land Use and Zoning: North: Public works facility; Public South: Sand extraction; ID-RM East:. Undeveloped; ID-RM West: Public works facility; Public Comprehensive Plan: The South District Plan calls for multifamily residential development, including townhouses and small apartments. File Date: October 26, 2000 SPECIAL INFORMATION: Public Utilities: Municipal water is available to serve this property. This parcel is not yet served by sanitary sewer. However, as a part of the agreement to purchase land for the Public Works Complex, the City has agreed to extend service to the Northwest corner of this parcel. Public Services: The City of Iowa City provides police and fire protection. 2 Transpodation: Access to the parcel is from South Gilbert Street. BACKGROUND INFORMATION: The South Distdct Plan was adopted in 1997 and is due for a comprehensive re-examination. However, this request relates only to the properties directly south of Napoleon Lane on the west side of South Gilbert Street. The South District Plan currently does not reflect the location of the 21-acre Iowa City Public Works Complex south of Napoleon Lane. In addition, the Plan does not reflect a decision made during planning for the South Central District to locate an east-west arterial street in this area. Olin Lloyd owns the remaining two-acre parcel between the public works complex and the future alignment of the South Central arterial street. As a part of the negotiations to purchase Mr. Lloyd's property for the public works facility, the City agreed to request a rezoning of this remaining 2-acre parcel for commercial uses. The property is currently undeveloped, but is located on the northwest corner of the future intersection of South Gilbert Street and the South Central arterial street, a street that will cross the Iowa River and connect with the Highway 218/Highway 6 interchange. ANALYSIS: Compatibility with the Comprehensive Plan: The South District Plan calls for the development of townhouses and small apartment buildings in this area. Commercial zoning on Mr. Lloyd's two-acre parcel is not consistent with the specific land use designations made on the South District Plan Map. However, subsequent to adoption of the South District Plan a number of changes have occurred that warrant consideration: · During planning for the South Central District, which is across the river from the South District, an arterial street study was undertaken to determine the best place to route a street across the Iowa River, taking into consideration traffic, environmental, land ownership/use and drainage issues. As a result of this study, it was decided that a future arterial street would cross the Iowa River from Mesquakie Park on the west side of the river and make a t-intersection with South Gilbert Street on the east side of the river directly south of the parcel in question (see attached South Central District Arterial and Collector Streets Map). When the South District Plan was adopted, the proposed alignment of an east-west arterial was furlher south, connecting the interchange of Highway 218 and Riverside Drive across the Iowa River to Sand Road. The South District Plan should be amended to show the alignment of this arterial. In addition, the Plan should acknowledge that this future arterial will not be in alignment with any future neighborhood or collector street in the proposed residential neighborhood on the east side of Gilbert Street in order to prevent cut-through traffic. · The City of Iowa City has purchased approximately 21 acres of land directly south of Napoleon Lane for the development of a new public works complex. This land has been rezoned to "Public." The South District Plan should be amended to reflect this change in land use. · Given that the subject two-acre parcel is located between the new public works complex and the future intersection of two arterial streets, residential development is no longer appropriate in this location. The Commission should consider amending the South District Plan to determine the appropriate land use for this parcel. · The South District Plan calls for "a small convenience commercial area of approximately one-half acre, containing a gas station/convenience store, at the edge of the neighborhoods." The plan indicates that this convenience commercial area should be located on an arterial street and at least one-half mile from the future neighborhood commercial center on Sycamore Street. By virtue 3 of the new arterial street alignment, the two-acre pamel in question may be a more appropriate location for this small commercial area rather than the area further south as indicated on the South District Plan map. A small commercial area in this location could serve both the surrounding neighborhood and those travelling to and from the west side of the Iowa River. Compatibility With Existing And Future Uses Of Surrounding Property If the South District Plan is amended designating the remaining privately owned land on the northwest corner of the intersection of South Gilbert Street and the future South Central arterial street "General Commercial," then the Commission needs to determine the merits of the request to rezone this land from Interim Development Multi-family (ID-RM) to Community Commercial (CC-2). The intent of the Community Commercial Zone is to provide for a significant segment of the total community population. it allows a variety of retail and service uses that may generate a large amount of traffic. These uses typically involve indoor operation, but may include a limited amount of outdoor activity. Due to the potential to generate traffic, CC-2 zoning is usually reserved for property that is adjacent to an arterial street. In this case, the property is located at the future intersection of two arterial streets, making it easily accessible to future residential development in this area and to through traffic from across the Iowa River to the west. When analyzing this parcel for rezoning to CC-2, compatibility with the adjacent existing and future uses of the surrounding property should be considered: · North and West: This type of commercial development would be compatible with the adjacent Public Works Complex, which is comprised of both indoor and outdoor work and storage areas. Given the varied activities likely to occur at the public works facility, commercial development is more appropriate in this location than residential development. · East: The South District Plan has designated the undeveloped area across Gilbert Street to the east as suitable for the development of small lot, single family homes, duplexes, and apartments. The CC-2 zone requires few site development standards beyond the typical building height, setback and screening requirements that apply to all zones. Due to the width of South Gilbert Street, the screening requirements in 14-6S-11 would not apply. The South District Plan states that the "convenience commercial area" should "provide adequate buffering and minimize paving." If Mr. Lloyd's property is rezoned to Community Commercial a conditional zoning agreement should be drafted to ensure that the commercial development is compatible with future residential development in the area. For example, buildings should be placed closer to the street with the parking located behind. Adequate landscaping and screening should be required to provide a pleasing streetscape. Only one access point should be allowed on each arterial street frontage and these access points should be located as far from the intersection as possible. ~ South: Property south of the subject parcel is currently devoted to sand extraction. If these extraction activities were to cease in the future, this area would not be very suitable for development due to its environmental constraints. The South District Plan states that if the current use is discontinued, this area should be considered for acquisition as potential public open space. CC-2 zoning would be compatible with the existing or future uses to the south. · Entrancewavs: The Iowa City Comprehensive Plan calls for the creation of attractive entrances to Iowa City by developing building and site design guidelines and implementing landscaping enhancements on public and private property. When the South Central arterial street is built, this area will be an entranceway into Iowa City. A conditional zoning agreement should include provisions to address landscaping and site design issues in relation to this future Iowa City entranceway. Summary While CC-2 zoning is inconsistent with the South District Plan, which calls for multifamily residential development in this area, several changes have occurred that make this property less desirable for residential development: development of the Iowa City Public Works Complex directly north of the property; and the new alignment of an east-west arterial directly to the south. Staff believes that the South District Plan should be amended to depict the general location of the future east-west arterial street alignment and the change in land use from townhouses and apartments to public/institutional on the property containing the new public works complex. Since residential development is no longer appropriate given the location of the public works complex and the future arterial street alignment, it also makes sense for the Commission to reconsider the South District Plan land use designation for Mr. Lloyd's two-acre parcel. Staff believes that the proposed rezoning of the subiect two-acre parcel south of the new Public Works Facility to Community Commercial (CC-2) would be compatible with existing and future land uses in the area. A conditional zoning agreement should be required to ensure that the property is developed in a manner that would not discourage future residential development on the east side of South Gilbert Street. STAFF RECOMMENDATION: Staff recommends that the South District Plan be amended as follows: 1 ) Change the designation of the 21-acre City-owned property south of Napoleon Lane from "Apartments" and "Townhouses" to "institutional/Public;" 2) Change the designation of Olin Lloyd's two-acre parcel located directly south of the Public Works Complex from "Townhouses" to "General Commercial;" and 3) Change the South District Land Use Scenario to reflect the correct alignment of the South Central arterial. Staff also recommends that REZ00-00021, a request to rezone two acres located along South Gilbert Street approximately 900 feet south of Napoleon Lane from Interim Development Multifamily Residential (ID-RM) to Community Commercial (CC-2), be approved, subject to a conditional zoning agreement that would insure that any plans for development of the parcel would be compatible with future residential development in the area and the entranceway to Iowa City. At a minimum this agreement should address landscaping and screening requirements, building placement and location of parking, and the location and number of street access points. ATTACHMENTS: 1. Location Map 2. Proposed South Distdct Land Use Map 3. South Central District Arterial and Collector Streets Map Robert Miklo, Seni~i~lanner, Department of Planning and Community Development SITE LOCATION: Auditor's Parcel 99093 REZO0-O0021 South Central District Arterial and Collector Streets Map EXHIBIT F ~ .... Service lane · Streets will be designed to be November 1999 · · · · · Collector streets extended in the event of the closure and/or relocation of the /V Proposed arterial streets Iowa City Municipal Airport or ' ~ ~" I Possible future arterial its runways. street connection ......This portion of Dane Road to airport runway DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT, CITY OF IOWA CITY Proposed Amendment to South District Plan rage i oi i Proposed Amendment to South District Plan · ~ % .,~ ~ . ,~ [: -~ file :/FF :\PCD\Karen\ 11 - 13 -00\southcentral3 jpg 1/4/01 Prepared by: Karen Howard, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (31,c RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PI SPECIFICALLY THE SOUTH DISTRICT PLAN, TO LAD USE PLAN FOR THE AREA SOUTH OF NAF PARK AN WEST OF SOUTH GILBERT STREET FR yf ~IULTI-FAMILY (APROX'IMATELY 2 ACRES) AND TO THE GENERAL LOCATION OF AN EAST-WEST ~TREET, WHICH WILL CONNEC'F~;ILBERT STREET TO THE IOWA RIVER. ~, WHEREAS, the Comic consisting of specific District components, land-use planning ' outlining the location of particular land uses throughout the ity, and also notification to the public regarding intended uses of land WHEREAS, the Cit~ south of Napoleon Lane, which has been rezoned to a Public (P) developed as the Iowa City Public Works Complex; and WHEREAS, there is a 2-acre f land abutting the City-owned property on its southern border which is also :1 at the future intersection of two arterial streets; and WHEREAS, given the location c .cre parcel between the Iowa City Public Works Facility and the future it is no longer suitable for residential development as inc in South District Plan, but is more appropriate for commercial development; WHEREAS, the Com ve Plan, and , the South District Plan, should be amended to accurately ,nt and ~riate land-use designations as well as the location of significant h as future arterial streets; and WHEREAS, the Plannin ~nd Zoning Commission as reviewed the location of the above-referenced land- and the proposed Central arterial street and has recommended the am, Com; ~lan, specifically the South District Plan, to reflect same; and WHEREAS, the Con Plan, trict Plan, should be amended to reflect t ! location of the Iowa City the designation of the 2-acre parcel and the general all proposed South Central NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl OF THE CITY OF IOWA CITY, IOWA, THAT: The South District Plan is hereby amended to: 5b Prepared by: Karen Howard, Associate Planner, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 2 ACRE PROPERTY LOCATED ON THE WEST SIDE OF SOUTH GILBERT STREET, SOUTH OF NAPOLEON LANE, FROM INTERIM DEVELOPMENT (ID-RM) TO COMMUNITY COMMERCIAL (CC-2). WHEREAS, Olin Lloyd owns the property located on the west side of South Gilbert Street. south of Napoleon Lane; and WHEREAS, the 2-acre property is no longer suitable for residential development, being located between the Iowa City Public Works Complex and the future intersection of South Gilbert Street and a future south central arterial street; and WHEREAS, due to its location at the future intersection of two arterial streets and its boundary with the Iowa City Public Works Complex, the 2- acre parcel is appropriate for commercial development, provided certain conditions are met to address potential extemalities; and WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Olin Lloyd acknowledges that certain conditions and restrictions are reasonable to address issues of compatibility with future residential development on the east side of South Gilbert Street as called for in the South District Plan and to ensure appropriate development of property along South Gilbert Street, an important entranceway to Iowa City; and to ensure appropriate development of property along the designated future alignment of the South Central arterial street, which will become a focus of activity as it intersects with South Gilbert Street. WHEREAS, Olin Lloyd has voluntarily offered to use the subject property in accordance with the terms and conditions of a Conditional Zoning Agreement to address the public needs referenced above. NOW, THEREFORE, BE IT ORDAINED BY Ordinance No. Page 2 THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: Subject to the terms and conditions o f the Conditional Zoning Agreement, attached hereto and incorporated by reference herein. the property legally described below is hereby redesignated from its current zoning of ID-RM to CC-2; A PORTION OF AUDITOR'S PARCEL 'A", AS RECORDED IN PLAT BOOK 33. AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA, AND LAND LOCATED IN THE SOUTHVVEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH. RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N25.34'48"VV, ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL, 280.61 FEET TO THE SOUTHEAST CORNER OF AN ACQUISITION PLAT; THENCE S64.25'12"W, ALONG THE SOUTHERLY LINE OF SAID ACQUISTION PLAT. 17.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S64.25't2"W, 60.00 FEET; THENCE SOUTHWESTERLY, 315.08 FEET ALONG AN ARC OF A 1174.26 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY. WHOSE 314.13 FOOT CHORD BEARS S72.06'24"W; THENCE NI0.12'23"VV. 231.26 FEET; THENCE N64.25'12"E, 310.00 FEET TO THE NORTHWEST CORNER OF SAID ACQUISTION PLAT; THENCE S25.34.48"E, ALONG THE WESTERLY LINE OF SAID ACQUISTION PLAT, 265.00 FEET TO SAID POINT OF BEGINNING, CONTAINING 2.00 ACRES. AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTON II. ZONING MAP. Upon final passage, approval and publication of the ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this conditional zoning change; SECTON Ill. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the applicant and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certif, j a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION V. REPEALER. All ordinances and pads of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or pad of the Ordinance shall be Ordinance No. Page 3 adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or uncensti- tutional. SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2000. MAYOR ATTEST: CITY CLERK City A:o ey'~_C3 / Prepared by: Karen Howard, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, A Municipal Corporation (hereinafter "City") and Olin Lloyd (hereina~er "Owner"). WHEREAS, the Owner, Olin Lloyd, has requested that the City rezone approximately 2 acres of property located on the west side of South Gilbert Street, south of the Iowa City Public Works Complex, from Interim Development Multi-family (ID-RM) to Community Commercial (CC-2); and WHEREAS, the subject property is bounded by an existing arterial street, is along an important entranceway to the City, is adjacent to the Iowa City Public Works Complex, and will be across the street from residential development; and WHEREAS, Iowa Code 414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to address issues of compatibility with future residential development on the east side of South Gilbert Street as called for in the South District Plan and to ensure appropriate development of property along South Gilbert Street, an important entranceway into Iowa City; and to ensure appropriate development of property along the designated future alignment of the South Central Arterial Street, which will become a focus of activity as it intersects with South Gilbert Street. WHEREAS, the Owner has agreed to develop and use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Olin Lloyd is the owner and legal title holder of approximately 2 acres of land located on the west side of South Gilbert Street, south of Napoleon Lane, which property is more particularly described as follows: A PORTION OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA, AND LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT BOOK 33, AT PAGE 72, RECORDS OF JOHNSON COUNTY, IOWA; THENCE N25.34'48"W, ALONG THE EASTERLY LINE OF SAID AUDITOR'S PARCEL, 280.61 FEET TO THE SOUTHEAST CORNER OF AN ACQUISITION PLAT; THENCE S64.25'12"W, ALONG THE SOUTHERLY LINE OF SAID ACQUISTION PLAT, 17.00 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S64.25'12"W, 60.00 FEET; THENCE SOUTHWESTERLY, 315.08 FEET ALONG AN ARC OF A 1174.26 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 314.13 FOOT CHORD BEARS S72.06'24"W; THENCE N10.12'23"W, 231.26 FEET; THENCE N64.25'12"E, 310.00 FEET TO THE NORTHWEST CORNER OF SAID ACQUISTION PLAT; THENCE S25.34.48"E, ALONG THE WESTERLY LINE OF SAID ACQUISTION PLAT, 265.00 FEET TO SAID POINT OF BEGINNING, CONTAINING 2.00 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Owner acknowledges that the City wishes to ensure that the subject property is developed in a manner that will be compatible with future residential development on the east side of South Gilbert Street, as called for in the South District Plan, and to ensure that the development of the property along South Gilbert Street and the future South Central Arterial Street is developed in a manner that is appropriate for this entryway to the community. Therefore, the Owner agrees to certain conditions over and above City regulations in order to ensure that certain standards will be adhered to on property fronting on South Gilbert Street and on the future South Central Arterial Street to ensure development that is attractive in appearance and otherwise appropriate as an important entranceway into Iowa City, and is compatible with future residential development on the east side of South Gilbert Street and with the policies and objectives identified in the South District Plan. 3. In consideration of the City's rezoning the subject property from ID-RM to CC-2, Owner agrees that the use and development of the subject property will conform to all of the requirements of the CC-2 zone, as applicable, as well as the following additional conditions: a. Sidewalks shall be provided along all street frontages of commercial zoned lots within the development. Pedestrian routes shall be provided between various businesses and uses within the development and shall be clearly defined and shall include connections to the sidewalks along adjacent aderial streets. b. Commercial buildings shall be oriented to the street with the parking located behind buildings and away from street frontages to the extent reasonably possible. c. Only one vehicular access point to the property shall be allowed along each arterial street frontage. Any vehicular access point established shall be located at least 125 feet from the future intersection of South Gilbert Street and the South Central arterial street and be approved by the City of Iowa City under then existing standards and guidelines. d. On lots with frontage on South Gilbert Street or the future South Central arterial street the facades of buildings shall be primarily masonry, which may include fired brick, stone or similar material, dressed concrete block, and stucco or like material when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from South Gilbert Street or the future South Central arterial street must have a finished facade. Roo~op mechanical devices must be screened. e. Loading docks, receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings must not be located in front of or along any building wall facing and/or visible from South Gilbert Street or the future South Central arterial. When located elsewhere on a lot and visible from South Gilbert Street or the future South Central arterial, these items must be screened from view with landscaping or a combination of fencing and landscaping. f. In addition to the requirements of the City's Tree Regulations, the periphery of all parking lots visible from South Gilbert Street or the future South Central arterial street must include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. This landscaped area must be free of street, access road and sidewalk paving in perpetuity, except where permitted driveways and sidewalks cross it, to allow a sufficient growing area for the landscaping to be established. g. Landscape beds a minimum of 5 feet in width must be provided along at least 50% of each building elevation facing South Gilbert Street and each building elevation facing the future South Central arterial street and must be planted with a variety of evergreen and deciduous shrubbery. 4. The Owner agrees to submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development will review and approve the concept plan based on the criteria listed above and the City's then existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and recommendation by the Planning and Zoning Commission. 5. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land and under Iowa Code 414.5 (1999), and that said conditions satisfy public needs that are directly caused by the requested zoning change. 6. The Owner acknowledges that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The Parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement will inure to the benefit of and bind all successors, representatives and assigns of the Parties. 8, Owner acknowledges that nothing in the Conditional Zoning Agreement will be construed to relieve the Owner from complying with all applicable local, state and federal regulations. 9. The Parties agree that this Conditional Zoning Agreement will be incorporated by reference into the Ordinance rezoning the subject property and that upon adoption and publication of the Ordinance, this Agreement will be recorded in the Johnson County Recorder's Office. Dated this 2~/'¢'/' day of J""'r~_,~_,,:z_12/· , ~ Attest: A ' __ ~, ~ Marian K. Karr, City Clerk Y /_ cO/ STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this L/_ day of ',.J&~.n ~_~,~ , L~l~GG~,before me, the undersigned, a Notary Pu~'~c in 'and for said CouP', in said State, personally appeared Olin Lloyd, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa S TAT E O F IOWA ) ~ COMMISSION ~S ) ss: JOHNSON COUNTY ) On this day of ,2000, before me, the undersigned, a Nota~ Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal a~xed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) No. passed by the City Council, on the day of ,2000, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their volunta~ act and deed and the voluntaW act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Howard, Assoc. Planner, 410 E. Washington St., Iowa Cih 319) 356-5251 CONDITIONAL ZONING AGREEMENT THIS made by and between the Iowa, A Munici hereinafter "City") and Olin Lloyd (h "Owner"). WHEREAS, the Owner, in Lloyd, has requested that City approximately 2 acres of ,perty located on the west Gilbert Street, south of the Iowa Public Works Complex, Interim Development Multi-family (ID-RM) to Comrr ~ity Commercial (C( and WHEREAS, the sub bounded by existing arterial street, ~s along an important entranceway e City, is acent to the Iowa City Public Works Complex, and wilt be .= street residential development; and WHEREAS, Iowa Code 414.5 (1999) the City of Iowa City may impose reasonable conditions on applicant's rezoning request, over and above existing regulations, in order ~ public needs directly caused by the requested change; and WHEREAS, the Owner acknowled< conditions and restrictions are reasonable to address issues residential development on the east side of South Gilbert called in the South District Plan and to ensure approl ~ment of ~ng South Gilbert Street, an important entranceway into Ic City; and to ensure >ropriate development of property along the desi~ future alignment uth Central Arterial Street, which will become ; of activity as it with South Gilbert Street. WHEREAS, the Owr has agreed to develop and use this p perty in accordance with conditions of this Conditional ing Agreement to address the a referenced issues. NOW in consideration of mutual promises contained herein, the Parties ag as follows: 1. is the owner and legal title holder of approximately 2 acres of on the west side of South Gilbert Street, south of Napoleon Lane, which property is more particularly described as follows: PORTION OF AUDITOR'S PARCEL "A", AS RECORDED IN PLAT RECORDS OF JOHNSON COUNTY, IOWA, AND LAND THE SOUTHWEST QUARTER OF THE OF TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE IOWA CITY, JOHNSON COUNTY, IOWA, :S OF WHICH ARE DESCRIBED AS FOLLOWS: C AT THE SOUTHEAST CORNER OF PARCEL "A" AS PLAT BOOK 33, AT PAGE 72 OF JOHNSON COUNTY, -IENCE N25.34'48"W, ALONG THE RLY LINE OF SAID AUDITOR'S RCEL, 280.61 FEET TO THE SOU1 IRNER OF AN tUISITION THENCE S64.25'12"W, ALOI, LINE ON PLAT, 17.00 FEET, TO ' OF BEGINNING; THENCE NTINUING S64.25'12"W FEET; THENCE SOUTHWESTERLY FEET ALONG AN A 1174.26 FOOT RADIUS CURVE. 314.13 FOOT CHORD BEARS 872.06'24"W N10.1; 231.26 FEET; THENCE N64.25'12"E, 310.00 FEET SAID ACQUISTION PLAT; THE WESTERLY LINE OF SAID ACQUISTION PLAT, 265.00 POINT OF BEGINNING, CONTAINING 2.00 ACRES, AND IS ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Owner acknowledges that the City ensure that the subject property is developed in a manner will compatible with future residential development on the th Gilbert Street, as called for in the South District Plan, al ~e development of the property along South Gilbert Central Arterial Street is developed in a ma~ that is ap~ >r this entryway to the community. Therefore, ~grees to and above City regulations ensure that certain ~ndards will be adhered to on g on South Gilb~ ~d on the future South Central Arter ensure develo attractive in appearance and appropriate as an im ~nceway into Iowa City, and with future residential develo mt on the east side of S ~ilbert Street and with the policies and obj rives identified in South District Plan. ~e:! 3. In consi k of the City's rezoning the subject property from ID M to CC-2 grees that the use and development of the subject p perty will to all of the requirements of the CC 2 zone as a the following additional conditions: a. be provided along all street frontages of lots within the development. Pedestrian routes .~ be between various businesses and uses withir develo ent and shall be clearly defined and shall ;ctions ~g adjacent arterial streets. b. Commercial ildings shall be oriented to the the parking located L~ildings and away from street to the extent reasonabl! le. c. Only ~oint to the be allowed along each arterial st Any vehicul point established shall be located 125 feet from future intersection of South Gilbert Street ~ street and be approved by the City of Iowa City ~en ] standards and guidelines. d. On lots with frontage on future South Central arterial street s shall be primarily masonry, which may include rick,stone or similar material, dressed concrete block, and like material when used in combination with otl Alternative building materials, such as architectural . used for decorative treatment, may be substituted if th, ing and Community Development determil use ~'h other materials satisfies the intent of this Agr All sible from South Gilbert Street or the Central arterial have a finished fa~;ade. Rooftop must ~reened. e. Loading dock ~g areas, garbage 3, outdoor storage areas, mech equipment and other service and functions typically as with the rear of buildings be located in front of o~ any building wall facing and/or visibleSouth Gilbert: ,future South Central arterial. ocated els~ on a lot and visible from South Gilbert Street c! future !ntral arterial, these items must be screened ew with lan~ or a combination of fencing and landscaping.\ \ f. to the requirements of the City's Tree Regulations, t'Ne ' of all parking lots visible from South Gilbert Street or tl'~e South Central arterial street must include a 1 O-foot wide planted landscaped area including evergreen shrubs or a e. This landscaped area must be free of street, access and sidewalk ving in perpetuity, except where permitted and sidewalks it, to allow a sufficient growing ping to be ished. g. beds a minimum of 5 feet in wic~must be provided along of each building elevation fa~ South Gilbert Street and each ;levation facing the future Central arterial street and must be ~ted with a variet' reen and deciduous shrubbery. 4. The Owner agrees ~nit a develc~=nt concept plan to the Department of Planning Commur ' Development prior to development. The and Community Development will review and approve the based on the criteria listed above and the City's then existing ~ment ordinances. The Director may approve a concept plan contain minor modifications to the criteria listed above, provided the ~bstantially satisfy the intent of the criteria. Decisions of the ~ealed to the City Council after review and recommer and Zoning Commission. 5. The Owner acknowled, contained herein are reasonable condition,~ ~nd under Iowa Code 414.5 (1999), and that sai~ eeds that are directly caused by the req~ zoning change. 6. The Owner ackr es that in the event any :ion of the subject property is trar sold, redeveloped, led, all development and redevele will conform with the terms Zoning Agreement. 7. The Parti acknowledge that this Conditional Zonin~ ;ment will be be a covenant running with the land and to the land, and s~ remain in full force and effect as with the title to th~ unless or until released of record by the City. ge that this Agreement will inure to the bi~ all successors, representatives and assigns of the Parties. 8. Owner es that nothing in the Conditional Zoninc wifi be d to relieve the Owner from complying with all a local, ulations. 9. The Parties Zoning Agreement be incorporated b! ~ce into the Ordinance rezoning th ect property and that publication of the ( this Agreement will be in the Johnson County R~ >rder's Office. Dated this day of 2000. OWNER CITY IOWA CITY Olin Lloyd Ernest W. Lehman, Mayor A Marian K. Karr, City Clerk Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, iowa City, IA 52240; 319-356-5243 ORDINANCE NO. ORDINANCE AMENDING THE ZONING CHAPTER BY CONDITIONALLY CHANGING THE ZONING REGULATIONS OF APPROXIMATELY 82.1 ACRES BY ADOPTING A REVISED PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN CONTAINING UP TO 410 DWELLING UNITS ON PROPERTY LOCATED AT THE WEST END OF FOSTER ROAD. WHEREAS, the City of Iowa City is owner and legal title holder of approximately 82.1 acres of property located at the west end of Foster Road; and WHEREAS, the City wishes to encourage the development of a mixed-use compact neighborhood in accordance with the neighborhood design principles of the Comprehensive Plan on said property; and WHEREAS, on June 20, 2000, by Ordinance No. 00-3938. the City adopted the Peninsula Neighborhood Plan as a Preliminary Sensitive Areas Development Plan for said property; and WHEREAS, by Resolution No. 00-231, the City entered into a development agreement with T. L. Stamper Holdings, L.L.C. (hereina~er, Developer), setting forth the parties' rights and responsibilities for development of said property in accordance with said Peninsula Neighborhood Plan; and WHEREAS, as per said development agreement, the Developer has prepared a revised Sensitive Areas Development Plan that provides details regarding the distribution of housing types, infrastructure systems, lot development standards, open space provisions, and sensitive areas impacts; and WHEREAS, the Planning and Zoning Commission has determined that the revised Preliminary Sensiti,ze Areas Development Plan is in conformance with the Comprehensive Plan, and that, with the exception of the variations noted below, the proposed plan is in technical compliance with all applicable provisions of the City Code. WHEREAS, Iowa Code {}414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Developer acknowledges that certain conditions and restrictions are reasonable to ensure and permit the development of the property in accordance with the principles of the Peninsula Neighborhood Plan; and WHEREAS, the Developer has agreed to use this property in accordance with the terms and conditions of a Conditional Zoning Agreement to ensure that the above-referenced principles are addressed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The revised Preliminary Sensitive Areas Development Plan is hereby adopted for the property described below: That part of Auditor's Parcel No. 95080 and all of Auditor's Pamel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04" West 1317.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of Said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45°57'40'' West 191.63 feet along a Southeasterly line of said Auditor's Pamel No. 97099; thence South 85°52'55'' West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10'' West 607.44 feet along a Southeasterly line of said Auditor's Pamel No. 97099; thence South 81°42'52,, West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00'' West 704.00 feet; thence North 15°34'30" West 615.50 feet; thence North 1°14'00" West 372.58 feet; Thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00" East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65°32'14" East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76°18'18'' East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89°43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. SECTION II. VARIATIONS. The following variations from the requirements of the RS-5 zone and Chapter 14- 6, Zoning, are approved, as detailed in the Peninsula Neighborhood Code, adopted by reference as a component of the Conditional Zoning Agreement attached to this ordinance: a) A reduction in the minimum lot size of 8,000 square feet to allow for a more compact development and a variety of lot sizes, while holding the overall density to no more than 5 units per acre; b) The provision of a mix of dwelling types, including detached and attached single family dwellings, row houses, townhouses apartment buildings, and live/work units, rather than exclusively single-family detached dwellings; c) Provisions for potential retail and institutional uses within the development, as well as live/work units containing limited retail, office, or studio space on the ground level with residential uses on upper levels; d) Permitting the use of accessory apartments on owner-occupied properties, without the current requirements that the accessory unit be located within the primary structure on the lot, or that one of the units be occupied by an eider or a person with a disability. e) Modifying the size limitations for accessory apartments as listed in the building placement standards for each building type, in lieu of current City Zoning Ordinance restrictions that limit accessory apartments to 800 square feet or 30 percent of the residential floor area on a lot, whichever is less (the minimum size of 300 square feet will remain in effect). 0 Elimination of rear and side yard requirements for buildings and parking areas in favor of a buildable area designation for each lot, as noted in the building placement standards for each building type; g) A reduction in the minimum lot width requirements of 60 feet; h) A reduction in the minimum lot frontage of 35 feet; i) A modification of the building coverage limit of 45 percent for many of the lots; j) For the 12 bungalow lots along McCleary Lane, a modification of the requirement that all lots have frontage on an improved city street; k) Am~di~cati~n~fthemaximumheightIimitati~ns~ftheRS~5z~ne'whIcheitherincreases~rdecreasesthis limitation by building type, including outbuildings, as noted in the neighborhood code, as well as a modification of the way building height is defined and measured (a measurement from grade along the street facing side of the building to the eave line); I) A modification of the required 10-foot setback from an alley right-of-way for garages, as noted within the building placement standards for each building type; m) The use of several definitions of terms that vary from definitions contained within the Zoning Ordinance. SECTION Ill. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner, applicant, and the City. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and passage of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Conditional Zoning Agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, all as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK '.-:-,., , Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and T. L. Stamper Holdings, L.L.C. (hereinafter "Developer"). WHEREAS, the City of Iowa City is owner and legal title holder of approximately 82.1 acres of property located at the west end of Foster Road; and WHEREAS, the City wishes to encourage the development of a mixed-use compact neighborhood in accordance with the neighborhood design principles of the Comprehensive Plan on said property; and WHEREAS, on June 20, 2000, by Ordinance No. 00-3938, the City adopted the Peninsula Neighborhood Plan as a Preliminary Sensitive Areas Development Plan for said property; and WHEREAS, by Resolution No. 00-231, the City entered into a development agreement with T. L. Stamper Holdings, L.L.C. (hereinafter, Developer), setting forth the parties' rights and responsibilities for development of said property in accordance with said Peninsula Neighborhood Plan; and WHEREAS, as per said development agreement, the Developer has prepared a revised Sensitive Areas Development Plan that provides details regarding the distribution of housing types, infrastructure systems, lot development standards, open space provisions, and sensitive areas impacts; and WHEREAS, the Planning and Zoning Commission has determined that the revised Preliminary Sensitive Areas Development Plan is in conformance with the Comprehensive Plan, and that, with the exception of the variations approved in accordance with the Sensitive Area Ordinance, the proposed plan is in technical compliance with all applicable provisions of the City Code. WHEREAS, Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Developer acknowledges that certain conditions and restrictions are reasonable to ensure and permit the development of the property in accordance with the principles of the Peninsula Neighborhood Plan; and WHEREAS, the Developer has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to ensure that the above-referenced principles are addressed. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. City is the property owner and legal title holder and Developer is the contract purchaser of property located at the west end of Foster Road, which property is more particularly described as follows: That part of Auditor's Parcel No. 95080 and all of Auditor's Pareel No. 97099, Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the South quarter-corner of Section 4, Township 79 North, Range 6 West of the 5th P.M.; thence North 1°39'04" West 13t7.54 feet along the East line of the Southwest Quarter of said Section 4 (assumed bearing for this description only); thence South 89°43'51" West 563.04 feet along the South line of Government Lot 5 of said Section 4, to a Northeasterly corner of said Auditor's Parcel No. 97099 and the point of beginning; thence South 0°16'09" East 159.36 feet along an Easterly line of said Auditor's Parcel No. 97099; thence South 45°57'40'' West 191.63 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 85°52'55" West 170.28 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence South 42°17'10" West 607.44 feet along a Southeasterly line of said Auditors Parcel No. 97099; thence South 81 °42'52" West 978.15 feet along a Southeasterly line of said Auditor's Parcel No. 97099; thence North 49°44'00" West 704.00 feet; thence North 15°34'30" West 615.50 feet; thence North 1°14'00'' West 372.58 feet; Thence North 8°12'00'' East 329.35 feet to a point of intersection with the Easterly bank of the Iowa River and a Westerly line of said Auditor's Parcel No. 95080; thence North 57°04'00'' East 772.76 along a Northwesterly line of said Auditor's Parcel No. 95080; thence South 65°32'14'' East 972.25 feet along a Northeasterly line of said Auditor's Parcel No. 95080; thence North 76"18'18" East 468.47 feet along a Northerly line of said Auditor's Parcel No. 95080; thence South 1 °39'04" East 981.65 feet along an Easterly line of said Auditor's Parcel No. 95080 and an Easterly line of said Auditor's Parcel No. 97099; thence North 89"43'51" East 330.00 feet along a Northerly line of said Auditor's Parcel No. 97099 to the point of beginning and containing an area of 82.1 acres more or less. 2 2. Developer acknowledges that the City wishes to ensure appropriate residential development that conforms to the neighborhood design polices contained within the Peninsula Neighborhood Plan. Further, the parties acknowledge that Iowa Code §414.5 (1999) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Developer agrees to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's approval of a revised sensitive areas development plan for the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the Zoning Chapter, as well as the following conditions: a. Developer agrees that at the time of final sensitive areas development plan approval for the first phase of the development of the Peninsula Neighborhood on the subject property, Developer shall prepare and record architectural and landscaping guidelines for the development of individual building lots within said development. Said guidelines shall be recorded as covenants and deed restrictions that shall run with the land and with title to the land, and shall remain in full force and effect in the event the subject property is transferred, sold, redeveloped, or subdivided· b. The City shall review and approve the content and form of said covenants and deed restrictions and all subsequent revisions administratively prior to recording, and shall indicate such approval via certification by the Director of Planning and Community Development· c. The Peninsula Neighborhood Code is hereby adopted as a component of this Conditional Zoning Agreement by this reference, and the terms, conditions and requirements thereof are given full force and effect as if set forth herein. d. Upon recording recording of said covenants and deed restrictions, the Developer and any successors, representatives or assigns, shall be responsible for enforcement of said covenants and deed restrictions. Failure to enforce said covenants and deed restrictions in a manner that is consistent with the spirit of the 1998 Peninsula Neighborhood Plan shall be deemed a violation of this agreement e· To ensure compliance with the 1998 Peninsula Neighborhood Plan, the Peninsula Neighborhood Code and the covenants and deed restrictions contemplated herein, the Director of Planning and Community Development shall review and approve all applications for building permits relating to exterior construction prior to issuance of said permit. 4. The Developer acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1999), and that said conditions satisfy public needs which are directly caused by the requested zoning change· 5. The Developer acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement· 6. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. 7. Developer acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Developer from complying with all applicable local, state and federal regulations. 8. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property, and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at the (City's or Developer's) expense· Dated this day of ,2001. T. L. STAMPER HOLDINGS, L.L.C· CITY OF IOWA CITY By: L Stamper ~ "' By: Ernest W. · ~ Lehman, Mayor Attest: Madan K. Karr, City Clerk 4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2000. before me, , a Notary Public in and for the State of Iowa, personally appeared Emest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively. of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of .2000, and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terry Stamper, to me personally known, who being by me duly sworn, did say that the person is (title) of T. L. Stamper Holdings, L.L.C., and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: DRAFT Prepared b · Scott Kugler, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240 ~19/356-5243  CONDITIONAL ZONING AGREEMENT ' Corporation WHEREAS, the City is owner and legal title holder of a 82.1 acres of prope~ located at the west end of Road; and WHEREAS, on June 000, by Ordinance No, 00-3938, the adopted the Peninsula Neighborhood Plan Sensitive Areas Development prope~y; and WHEREAS, by Resolution the Ci~ entered into a de 9ment agreement with T. L. Stamper Holdings, L.L.C. ( Developer), setting fo~h the rights and responsibilities for development of said prope~y ~nce with said Peninsula Nek ~; and WHEREAS, as per said develo reement, the Developer a revised Sensitive Areas Development Plan that provides details arding the distribution ~pes, infrastructure systems, lot development standards, open space pr and sensitive im~ and WHEREAS, the Planning and Zoning has that the revised Prelimina~ Sensitive Areas Development Plan is in 'mance with Comprehensive Plan, and that, with the exception of the variations ap~ ce with the Ordinance, the proposed plan is in technical compliance with all ~ Code. WHEREAS, Iowa Code 5414.5 (1999) City of Iowa Ci~ may impose reasonable conditions on granting an applicant's mzoning toques ' and above existing regulations, in order to satis~ public needs directly caused by the requested change; WHEREAS, the Developer acknowledges that ~nditions and restrictions are reasonable to ensure and permit the development of the prope~ in Peninsula Neighborhood Plan; and WHEREAS, the Developer has agreed to use I ~ accordance with the terms and conditions of this Conditional Zoning Agreement to ensure the ales are addressed. NOW, THEREFORE, in consideration contained herein, the Pa~ies agree as follows: 1. City is the properly and ~r is the contract purchaser of prope~y located at the west end of Foster Road ~ ularly described as follows: That pad of Auditor's Parcel No. and all of Auditor's Pa el No. 97099, Iowa City, Johnson County, Iowa described as follows: enci~ ,g as a point of refe nce at the South qua~er-corner of Section 4, Township 79 Nodh, R e 6 West of the 5th P.M.; thence Noah l°39'04" West 1317.54 feet Section 4, to a Noaheaster corr r of said Auditor's Parcel No. 9709 and the point of beginning; thence South 85052'55'' 170.28 feet along a Southeasterly line of said A itor's Parcel No. 97099; thence South 42~17'1( 607.44 feet along a Southeasterly ' ' ' '~ Parcel No. 97099; thence Noah West 704.00 feet; thence Noah 15"34'30" West 615.5~ feet; thence Noah l°14'00" West feet; Thence Noah 8°12'00'' East 329.35 feet to a point of '~tersection with the River and a Westerly line of said Auditor's Parcel No. 9 80; thence Noah n i ' e o. 76~18'18'' 468,47 feet along a No~herly line of said Auditor's Parcel No. 95080;'thence South 1 °39'04" E feet along an Easterly line of said Auditor's Parcel No. 95080 and a~ Easterly line of said Parcel No. 97099; thence Nodh 89°43'51'' East 330.00 feet along a Nodherly line of said Auditor's Parcel No 97099 to the point of beginning and containing an area of 82.1 acres more or less. 2. Developer acknowledges that the City wishes to ensure appropriate residential development that conforms to the neighborhood design polices contained within the Peninsula Neighborhood Plan. Fu~her, the pa~ies acknowledge that Iowa Code ~414.5 (1999) provides that the City of Iowa City may impose 2 reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested change. Therefore, Developer agrees to certain conditions over City regulations as detailed below. 3. In the City's approval of a revised sensitive areas development plan for the subject property, Owner and icant agree that development of the subject property will conforl ~ to all other requirements ~'hapter, as well as the following conditions: a. Developer the time of final sensitive areas development plan ap for the first phase of the development the Peninsula Neighborhood on the subject prepel Developer shall prepare and record and landscaping guidelines for the development of i ding lots within said development. Said delines shall be recorded as cove shall run with the land and with , land, and shall remain in full force and the subject property is transferred, sold or subdivided. b The City shall review and content and form of said cove and deed restrictions and all subsequent revisions prior to recording, and shal such approval via certification by the Director of Plannin, I Community Development. c Upon recording recording of covenants and deed the Developer and any successors representatives or asset responsible for covenants and deed restrictions. qd deed restrictions in ~ consistent with the spirit of the 1998 Peninsula Neighl: hall be deemed a vie of this agreement .... (Sarah, is this needed and, if so, how to word? to guard future PNARB abdicating it's authority and essentially tossing out non-enforcement without the City's OK.) 4. The Developer acknowledges that the herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1999), s satisfy public needs which are directly caused by the requested zoning change. 5. The Developer acknowledges that in the le subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will with the terms of this Conditional Zoning Agreement. 6. The Parties acknowledge that this Conditions Agreement shall be deemed to be a covenant running with the land and with title to the ~all remain in full force and effect as a covenant running with the title to the land unless or u~ released : record by the City. The Parties further acknowledge that this Agreement shall all successors, representatives and assigns of the Parties. 7. Developer acknowledges that nothing in Conditional Agreement shall be construed to relieve the Developer from complying with all al: state ulations. 8. The Parties agree that this Conditional ...... ~ reement ~ incorporated by reference into the Ordinance rezoning the subject property, d that upon adoption and blication of the Ordinance, this Agreement shall be recorded in the Johns n County Recorder's ()f :he (City's or Developer's) expense ~ Dated th's day of ,2001. T. L. STAMPER HOLDINGS, L.L.C. ~f CITY OF IOWA CITY By: By: Terry L. Stamper Ernest W. Lehman, Attest: Marinn K. Kerr, City Clerk Approved by: City Attorney's Office STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: REZ00-0022/SUB00-0026. Peninsula Neighb. Date: December 7, 2000 Revised Sensitive Areas Development Plan and Preliminary Plat. GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Phone: 356-5230 Developer: Terry L. Stamper Holdings, L.L.C. 5399 Norton Street Troy, Michigan 48098 Contact person: Terry Stareper Phone: (248) 879-7020 Requested action: Approval of a revised Sensitive Areas Development Plan and Preliminary Plat for the Peninsula Neighborhood Purpose: To approve a more detailed development plan and a neighborhood code for a proposed residential development containing up to 400 dwelling units. Location: At the west end of Foster Road Size: Approximately 82.1 acres Existing land use and zoning: Undeveloped, OSA-5 Surrounding land use and zoning: North: Undeveloped, ID~RS; East: Golf Course, ID-RS; South: Future Parkland, P; West: Future Parkland, P. Comprehensive Plan: Residential, 2-8 dwelling units per acre Applicable Code requirements: 14-6K-1, Sensitive Areas Ordinance; 14~ 6J-2, Planned Development Housing Overlay Zone. 2 BACKGROUND INFORMATION: The City of Iowa City, on behalf of Terry L. Stamper Holdings, LLC., is requesting approval of a revised preliminary sensitive areas development plan and preliminary plat for the Peninsula Neighborhood, located at the west terminus of Foster Road. Included as a component of the revised development plan is the Peninsula Neighborhood Code, which lays forth the minimum standards for buildings to be constructed in the neighborhood. The revised plan is a refinement of the concept plan proposed in the original Peninsula Plan, completed for the City by Dover Kohl & Partners and adopted as a concept in July of 1998, and approved by ordinance as a preliminary sensitive areas development plan for this properly earlier this year (approval of up to 400 dwelling units). The current plan shows proposed building types and their distribution throughout the neighborhood, and details on the street and infrastructure systems being proposed. In addition, the Peninsula Neighborhood Code (the code) is proposed for adoption. The code sets forth building placement standards and other requirements for the development of homes in the neighborhood. With the adoption of the concept plan in 1998 and the preliminary sensitive areas development plan earlier this year, the City has indicated acceptance of the idea of creating a traditional neighborhood on this property and the design elements that define this type of development. These design elements include higher densities and smaller building lots, a diverse mix of housing types, reduced building setbacks creating a more defined street corridor, slightly narrower streets, the use of alleys for vehicular access to most properties, and overall an emphasis on creating a pedestrian oriented environment as opposed to one that places a priority on the movement and storage of automobiles. The City currently owns the Peninsula property and is working in coordination with the developer to refine a plan for the creation of a traditional neighborhood on the property. With the general acceptance of this concept by the Commission and the City Council, the City and the developer entered into an agreement that outlines the process by which the property will be transferred to the developer, and obligates the developer to incorporate the general design concepts illustrated in the original Dover Kohl plan. As provided for in the agreement, the City has initiated this application, with the proposed plat and development plan being compiled by the developer, with input from City staff. Upon approval of final plats the developer will purchase the property from the City. ANALYSIS: The proposed development plan and plat call for the development of up to 400 dwelling units on approximately 82.1 acres (just under 5 units per acre) located at the west end of Foster Road. The Peninsula Neighborhood is to be developed based upon traditional neighborhood or traditional town planning design principles, making use of a modified grid street system, alleys, a mix of residential densities, oppodunities for small-scale commercial uses and live-work buildings, and neighborhood open spaces to create an attractive, pedestrian-oriented neighborhood. The proposed plan, plat and neighborhood code should be reviewed with respect to the Dover Kohl plan to ensure that the neighborhood that is to be developed is consistent with what was envisioned for this property. In addition, they must be reviewed with respect to our current code requirements to ensure that all code provisions not specifically varied for this development are adhered to, that the plat meets the technical requirements for approval, and to ensure the provision of an adequate and maintainable infrastructure system. 3 The proposed development plan illustrates a total of 210 building lots and several outlots. Of these, 209 lots are designated for residential uses and one is reserved for a public or community building. The outlots include two formal open spaces, including a town square (Emma Harvat Square), several public walkways within the interior of blocks, two containing wooded ravines, and several miscellaneous parcels that may be the site of additional landscaping or parking, or sites for equipment such as transformers. The lot designated for a public or community building is Lot 6 within Block 2, which sits at the southeast end of Emma Harvat Square. The future use of this site has not yet been determined. Building types have been designated for all of the other building lots, and include four different types of detached single-family dwellings, three different types of attached single-units of varying widths (row house, town house, and live/work - a modified version of the town house), as well as sites for both small and larger-scale apartment buildings. An exact dwelling count is difficult to discern from the plan at this time, since dwelling unit information has not been provided for three of the small apartment lots. Staff will try to clarify this item prior to the Commission's December 21 meeting. Per the developers agreement referenced above, accessory units will not count toward the overall density limitation on the site of 400 dwelling units. The Peninsula Neighborhood Code sets forth standards to regulate the placement and scale of buildings on lots within the neighborhood. This code sets forth many of the variations to the requirements of the underlying RS-5 zone and other Zoning Chapter provisions that will be needed for this development to occur. In addition, private covenants or deed restrictions will be recorded to establish architectural standards for the neighborhood to help guide building design, and landscaping standards and guidelines to help ensure an attractive public streetscape and maintain private open space on most lots. In practice, the code and covenants are dependent upon one another and will be used together by the developer, their "town architect," and the Peninsula Neighborhood Architectural Review Board in guiding the design and placement of new buildings within the neighborhood. Because the cede illustrates or defines many of the zoning variations that will be needed for this development, it has been separated from the covenants for adoption by the City as a component of the sensitive areas development plan. Compliance with Adopted Dover Kohl Plan: The design and layout of the proposed neighborhood is generally consistent with the Dover Kohl plan. One exception is at the northwest end of the site, along Walker Circle. The Dover Kohl plan showed this street as a single-loaded street, extending farther northwest to the edge of the ravine. The current plan pulls this street back from the edge of the ravine and has house lots on the northwest side of the road that extend back into the ravine. A conservation easement will generally restrict building activities to the top of the ravine on these lots. In staff's view, this is not a significant change since there will still be plenty of areas within the neighborhood for public views and access to the surrounding open space and natural areas. Another notable change from the layout of the Dover Kohl plan is the incorporation of 12 "bungalow" lots located along McCleary Lane, a private pedestrian street within Block 9. This is a concept that has been incorporated into other similar developments in other parts of the country that the developer wishes to try in the Peninsula as well. The "Big Ideas" and other design principles listed in the Dover Kohl plan have been incorporated into the design of the proposed plan. In staff's view, this plan will create the attractive, pedestrian- oriented development that has been envisioned for this properly. Zoning Code Variations: With the adoption of the Dover Kohl plan as a preliminary sensitive areas development plan earlier this year, a series of code variations that would need to occur to make the plan work were identified and adopted as part of the rezoning ordinance. The ordinance included the following list of variations: a. Modifications of the typical street standards of 28-foot wide paving within a 50-foot right-of- way, to allow a variety of street types as detailed within the plan; b. A reduction in the minimum lot size of 8,000 square feet to allow for a more compact development with a variety of lot sizes, while holding the overall density to no more than 5 units per acre; c. The provision of a mix of dwelling types, including detached and attached single family, row houses, apartment buildings, and live/work units, rather than exclusively single-family detached dwellings; d. Provisions for potential retail and institutional uses in strategic locations within the development, as noted in the plan, as well as live/work units containing retail, office, or studio space on the ground level with residential uses on upper levels; e. The use of a "build-to line" range of 5 feet to 25 feet for houses, 0 feet to 10 feet for row houses, 5 feet to 20 feet for apartment buildings, and 0 feet for retail or live/work buildings, in lieu of the required 20-foot setback requirement; f. Permitting the use of accessory apartments on owner-occupied properties, without the current requirements that the accessory unit be located within the primary structure on the lot, or that one of the units be occupied by an eider or a person with a disability. The plat and neighborhood code illustrate these variations in more detail. All of these variations have been incorporated into the plans for this neighborhood, although the building setback parameters for the live/work units will not include a 0-foot build-to line for live/work units that was originally suggested by the Dover Kohl plan. The code illustrates a 7-foot build-to line for these units, unless specifically listed otherwise. In addition to the variations listed above, it appears that variations will also be needed for the following items: · Elimination of rear and side yard requirements in favor of a buildable area designation for each lot, as noted in the building placement standards contained in the neighborhood code; · A reduction in the minimum lot width requirements of 60 feet; · A reduction in the minimum lot frontage of 35 feet for some lots; · A modification of the building caverage limit of 45 percent for many of the lots; · For the 12 bungalow lots along McCleary Lane, a modification of the requirement that all lots have frontage on an approved city street; · A modification of the maximum height limitations of the RS-5 zone, which either increases or decreases this limitation by building type, including outbuildings, as noted in the neighborhood code, as well as the way building height is defined and measured (a measurement from grade along the street facing side of the building to the eave line). A few of our zoning definitions will be modified for use in this development as well, as noted in the neighborhood code. Parking Issues: Most of the potential uses within this neighborhood will require two off-street parking spaces per dwelling unit, and most of the lots can accommodate this requirement. In addition, on-street parking will be permitted on both sides of almost every street within the neighborhood. With fewer curb cuts along most streets due to alley access to most of the lots, a greater number of on-street parking spaces will be available than in a typical new development. Having on-street parking utilized is seen as being desirable by most traditional town planners as a 5 means of helping to keep vehicle speeds in check and to help provide a physical separation between motorists and pedestrians. Both the developer and staff feel that there will be an adequate number of available parking spaces within the neighborhood, even if in higher density areas on-street parking will be consistently utilized. As noted above, there may be a few lots for which off-street parking requirements cannot be met. These include a number of lots being reserved for affordable cottage housing units, 16-foot wide row house units, and the small bungalow lots along McCleary Lane, for which only one off-street parking space is to be provided. The developer has indicated that the 16-foot wide row house units may be eliminated and replaced with wider units which would permit two off-street parking spaces to be located on each lot, and the cottage units may be modified as well to meet the parking requirements. The bungalow lots are a rather unique circumstance in which one space per unit may be appropriate. For any situation where required parking cannot be provided on the building lot, approval of a special exception to reduce the off-street parking requirements will need to be approved by the Board of Adjustment, or a code amendment to alter the parking requirements for a specific type of use will be needed. Staff feels that it may be appropriate to consider a code amendment to require only one off-street parking space for small single-family dwellings, as with studio and one-bedroom apartments. If the Commission is so inclined, a companion code amendment could be prepared and considered for adoption along with this application. If a code amendment is not desired, a special exception should be approved for these units prior to the approval of a final plat for any particular phase of the development of the neighborhood. Sensitive Areas: When the Dover Kohl plan was prepared, the intent was to avoid disturbance of the wooded ravines on the site to the extent possible, although detailed information about the slopes surrounding this site was not known. When the sensitive areas overlay rezoning occurred earlier this year all areas of protected and critical slopes were identified, and it appeared that development of the property could occur without encroachment into any protected slopes on the property. However, the development team has identified several areas of protected slopes on the site that were not identified earlier this year. Some of these areas will be disturbed by storm water management facilities, which are permitted within sensitive areas and buffers as essential public utilities. In other cases, the development of streets and lots will encroach into required buffers around protected slopes. The sensitive areas ordinance allows buffer reductions where the applicant can demonstrate to the satisfaction of the city that development can occur without impacting the stability of the slopes. Staff is working with the developer to ensure that the proposed development can occur within these parameters and to identify areas that may conflict with the requirements of the ordinance. Fencing will be utilized to protect these slopes from development activities. This property also contains large wooded areas. Some tree removal will occur to allow construction of roads and utilities and preparation of building sites. The Sensitive Areas Ordinance requires that at least 50 percent of the wooded area remain. According to the plans, approximately 23 percent of the wooded area could potentially be impacted, although this figure includes about 1.2 acres in which only selected removal of trees will occur. This tree removal figure needs to be adjusted to include the 50' buffer requirement for wooded areas, which will likely increase the calculated percentage of tree removal. Conservation easements are proposed along edge lots within the neighborhood to protect sloped and wooded areas. The development will also incorporate techniques such as fencing conservation areas to ensure that they are not inadvertently encroached upon. At least two of the wooded ravines containing protected slopes will be altered in order to provide storm water management for the site. Storm water management is a permitted use within sensitive areas and their buffers as an essential public utility. In one case, the ravine has already been significantly altered due to the construction of one of the golf holes located to the south of this site. Altering the ravine to provide storm water management will likely eliminate the protected slopes that exist there. In the other instance, the ravine will also be altered by the construction of Foster Road which was stubbed into the site at the top edge of the ravine. Affordable Housing Sites: The developer has agreed to make about 10 percent of the units within the neighborhood available to the Housing Authority and the Greater Iowa City Housing Fellowship at a reduced cost. These units are identified on the plan with the letters "ahu" after the building type designation, and include row house units, cottages, and one small apartment building (9-units). The proposed affordable units are to be spread throughout the neighborhood, and are planned to fit with the rest of the neighborhood in terms of building appearance and materials. Preliminary Plat Issues: Staff is working with the developer to resolve a number of technicel deficiencies that have been identified on the plat. Upon resolution of these items, the plat will meet the technical requirements of the Subdivision Regulations and the Zoning Chapter, as modified. A grading plan has also been submitted and is under review. Streets - As noted above, the street standards for this development are being modified to permit 25-foot wide streets in most areas and tighter curb radii, as recommended by the Dover Kohl plan. The Dover Kohl plan illustrated two street connections between this property and the Meardon property to the north. The westernmost connection that was proposed is probably not realistic due to a ravine that is located along the property line, and is shown as a possible alley connection on the proposed plat. The eastern connection is not precluded by topography, but the developer has questioned the logic of placing a street in this location due to the location of several large trees and limited development potential on the property to the north. At this point, the plat illustrates an alley connection in this location. Staff is discussing with the developer the merits of providing a street connection in this location. Staff hopes to have this issue resolved prior to the Commission's December 21 meeting. Alleys - The Dover Kohl plan suggested that alleys be 12 to 15 feet in pavement width. Since the adoption of that plan, the City has adopted an alley policy that requires a pavement width of 16 feet within a minimum 20-foot right-of-way. The proposed plat calls for 12-foot wide alleys that widen to 16 feet near streets. Staff is currently discussing this issue with the developer, and hopes to have this issue resolved prior to the December 21 meeting. Public and private utilities - Generally speaking, public water and sanitary sewer lines will be located within the street rights-of-way, and private utilities such as telephone, cable TV and electricity lines, will be located either within the alley rights-of-way or along the street. Public Works is reviewing the plans to ensure that the public utility lines are placed in accordance with the City's standards, and the developer is discussing the plan with the private utilities to ensure that their needs are being met as well. Storm water management - Storm water management will be provided through a series of basins located at the southeast end of the site and additional basins located on the lower Peninsula. Complete storm sewer and management plans are being reviewed by Public Works to ensure that the proposed system will be adequate. Neighborhood open space - For 82.1 acres within the RS-5 zone, a total of 1.81 acres of open space is required to be dedicated to the public. Approximately 11,247 square feet of useable space is provided in Emma Harvat Square. In addition, staff has suggested to the developer that dedicated space be provided along the access trails to the lower peninsula at the west end of the neighborhood, and some flatter areas below the wooded hillsides that could be incoroporated into the Peninsula Park. The Parks and Recreation Commission will be reviewing the plat at its meeting on December 13 to consider these recommendations. In addition to dedicated open space, the wooded ravines contained in Outlots B and C will be reserved as open space and be accessible to the public along single-loaded streets within the neighborhood. Staff recommends that the smaller open spaces and walkways within the neighborhood be owned and maintained by a homeowners association rather than taken on by the City. STAFF RECOMMENDATION: Staff recommends that REZ00-00022/SUB00-00026 be deferred pending resolution of a number of technical deficiencies contained on the plat, and to permit a second public meeting to occur prior to the Commission's vote on this item. Upon resolution of these items, staff recommends that the revised sensitive areas development plan and preliminary plat for the Peninsula Neighborhood, an 82.1 acre, 210-1ot residential development containing up to 400 dwelling units on property located at the west end of Foster Road, be approved. ATTACHMENTS: 1. Location map. 2. Preliminary plat (partial - complete set mailed to Commission members only). 3. The Peninsula Neighborhood Code (Commission members packets only). Robert Miklo, Senior Planner Department of Planning and Community Development ID RSRFBH RS 12 RS 5 ID -RS RS 8 P RM 12 P SITE LOCATION: Peninsula neighborhoodSUBO0-O026 & REZO0-O022 TYPICAL STREET SECTIONS . City of Iowa City MEMORANDUM Date: December 21, 2000 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re: REZ00-00022/SUB00-00026. Peninsula Neighborhood Staff has worked with the developer and other City departments to facilitate the review and approval of the revised sensitive areas development plan and preliminary plat. It appears that all technical deficiencies have been addressed and the plat and plan are ready for a vote by the Commission. Associated with the preliminary plat is a grading plan which has not yet received final approval by Engineering. Approval of the grading plan is not required until after the Commission takes action, but before the City Council acts on the plat. Therefore, staff is recommending that plat approval be subject to the approval of the grading plan prior to Council consideration. The Peninsula Neighborhood Code, which contains the building placement standards for the neighborhood, has been reviewed by staff and revised to address various concerns and to make clarifications. All substantive issues have been resolved at this point, but the text is likely to be revised prior to final approval for further clarification. In recognizing the fact that the document may receive some fine tuning prior to it being finalized and recorded, staff recommends that approval of the revised sensitive areas development plan be subject to staff review and approval of the Code prior to approval of the final sensitive areas development plan (administrative approval) for the first phase of the development. Zoning Variations: At the December 7 meeting, and in the staff report prepared for that meeting, I mentioned that the Commission would have an opportunity to review a final list of zoning variations that would need to be approved to allow this development to occur. That list is provided below. Many of these variations were listed in the staff report, but a few have been added based upon further study of the plan and its relationship with the Zoning Ordinance. These items will be incorporated into the ordinance adopting the revised sensitive areas development plan, as with any planned development rezoning, · A reduction in the minimum lot size of 8,000 square feet to allow for a more compact development and a variety of lot sizes, while holding the overall density to no more than 5 units per acre; · The provision of a mix of dwelling types, including detached and attached single family dwellings, row houses, townhouses apartment buildings, and live/work units, rather than exclusively single-family detached dwellings; · Provisions for potential retail and institutional uses within the development, as well as live/work units containing limited retail, office, or studio space on the ground level with residential uses on upper levels; · Permitting the use of accessory apartments on owner-occupied properties, without the current requirements that the accessory unit be located within the primary structure on the lot, or that one of the units be occupied by an eider or a person with a disability. · Modifying the size limitations for accessory apartments as listed in the building placement standards for each building type(between 500 and 650 square feet maximum), in lieu of current City Zoning Ordinance restrictions that limit accessory apartments to 800 square feet or 30 percent of the residential floor area on a lot, whichever is less (the minimum size of 300 square feet will remain in effect). · Elimination of rear and side yard requirements for buildings and parking areas in favor of a buildable area designation for each lot, as noted in the building placement standards for each building type; · A reduction in the minimum lot width requirement of 60 feet; · A reduction in the minimum lot frontage of 35 feet; · A modification of the building coverage limit of 45 percent for many of the lots; · For the 12 bungalow lots along McCleary Lane, a modification of the requirement that all lots have frontage on an improved city street; · A modification of the maximum height limitations of the RS-5 zone, which either increases or decreases this limitation by building type, including outbuildings, as noted in the neighborhood code, as well as a modification of the way building height is defined and measured (a measurement from grade along the street facing side of the building to the eave line); · A modification of the required 10-foot setback from an alley right-of-way for garages, as noted within the building placement standards for each building type; · A reduction in the required front setback for fences from 2 feet to 1 foot; · The use of several definitions of terms that vary from definitions contained within the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends that REZ00-00022, a request for a revised preliminary sensitive areas development plan for the Peninsula Neighborhood, a residential development containing up to 410 dwelling units on an 82.1 acre parcel located at the west end of Foster Road, be approved with the incorporation of the variations listed above, subject to administrative approval of the final text of the Peninsula Neighborhood Code prior to the approval of the final sensitive areas site plan for the first phase of the development. Staff recommends that SUBO0-00026, a request for a preliminary plat of the Peninsula Neighborhood, an 82.1 acre, 209-1ot residential subdivision with 16 outlots located at the west end of Foster Road, be approved, subject to the approval of a grading plan prior to City Council consideration of the plat. Robert Miklo, Senior Planner Department of Planning and Community Development THE PENINSULA NEIGHBORHOOD CODE PRINCIPLES AND REGULATIONS FOR THE NEIGHBORHOOD 12/20/00 3: 10 PM GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD TtlE PENINSUI, A N EIGI~[BORtlOOD The Peninsula Neighborhood Code, which includes the Regulating Plan and the Building Placement Standards, has been prepared for use in the Peninsula Neighborhood. All copyrights and publishing rights are exclusively reserved by Ferrell Rutherford Associates. The City of Iowa City and Terry L. Stamper Holdings, L.L.C. are granted full use of this manual for the promotion, permitting, regulation, development and management of the Peninsula Neighborhood, including copying and distribution to interested parties upon their request as a matter of public record for the parts of the Code that will be adopted as City ordinance. This manual may not be otherwise photocopied, in whole or in part, without the expressed written permission of Ferrell Rutherford Associates, L.L.C., and may not be used for any other purposes whatsoever. Under the terms of the Declaration of Covenants, Conditions and Restrictions for the Peninsula Neighborhood, the Peninsula Neighborhood Code is binding on all parties having an interest in any portion of the community, and each owner is required to comply with the requirements set forth herein. The Peninsula Neighborhood may, from time to time, be updated and revised via approved procedures by the City of Iowa City and the Peninsula Neighborhood management organization. FERRELL RUTHERFORD ASSOCIATES 19 14th Street S.E. Washington D.C. 20003 telephone (202) 547-7757 facsimile 547-7151 GEOFFFERRELk@STARPOWER.NET SUMMERRUTH~)AOL.COM GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 2 TIIE PILNINSUI, A N COMPONENTS OF THE PENINSULA NEIGHBORHOOD CODE The Peninsula Neighborhood is a new neighborhood in Iowa City designed to foster public life through its squares, tree-lined streets, and front-porched houses while providing for a comfortable private life through the use of careful standards that ensure a high level of privacy. The development of the Peninsula Neighborhood is governed by the Peninsula Neighborhood Code, which is designed to achieve those goals in concert with builders working with the techniques and scale of 2 1 st century development. The Peninsula Neighborhood Code is comprised of two separate documents. The portion of the Code submitted to the City contains three sections: Definitions, the Neighborhood REGULATING PLAN, and the BUiLDiNG PLACEMENT STANDARDS. This portion of the Code is the companion document to the Sensitive Areas Development PIm~ approved by the City of Iowa City, and is incorporated therein as a component of said Plan. The City of Iowa City shall interpret and enforce these City Code provisions, as modified by the Peninsula Neighborhood Code. The other document that comprises the Code is the set of covenants and deed restrictions that will be privately administered and enforced by the Developer and his assigns, including the Peninsula Neighborhood Architectural Review Board (PNARB), an entity created by the authority of the approved Code. This portion of the Code will include the ARCHITECTURAL STANDARDS, the LANDSCAPING STANDARDS, and the ARCHITECTURAL REVIEW PROCEDURE. These Standards will not become part of the City's Zoning Ordinance. The PNARB shall be responsible for interpreting and enforcing all provisions of the Architectural Guidelines and Landscaping Guidelines contained within the Peninsula Neighborhood Code, as well as may other standard contained herein not otherwise addressed and regulated by the City of iowa City Code. A. DEFINITIONS Special definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. B. THE NEIGHBORHOOD REGULATING PLAN The REGULATING PLAN (final plat) is the "master plan" for the neighborhood that provides specific information for the disposition of each property or lot. The Plan also shows how each lot relates to the public spaces (STREETS, GPdiENS, parks, etc.), the overall neighborhood and the surrounding environment. The Neighborhood and the STREET are the "extra value" that makes the Peninsula Neighborhood an extraordinary place to live. For lots in special locations, there may be additional design guidelines identified on the final plat of each phase of construction (RjEGULATING PLAN ). C. THE BUILDING PLACEMENT STANDARDS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 TIlE PENINSULA N EIGHBORIIOOD The Peninsula Neighborhood BUILDING PLACEMENT STANDARDS establish the basic parameters goveming building form, including the envelope for building placement (in three dimensions) and certain/permitted building elements, such as porches, balconies, and fences. The BUILDING PLACEMENT STANDARDS establish both the boundaries within which things ma.v be done -- and specific things that Hltlst be done. The goal of the Peninsula Neighborhood BUILDING PLACEMENT STANDARDS is to shape good public space and healthy outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the Peninsula Neighborhood BUILDiNG PLACEMENT STANDARDS Can be granted only where the unique physical circumstance of a lot makes compliance impossible (and the specific variance must also pursue the intent of the Standard, as well as meet the conditions of the City of Iowa City Board of Adjustment). THE PENINSULA NEIGHBORHOOD COVENANTS AND DEED RESTRICTIONS The development of the Peninsula Neighborhood is also govemed by private covenants and deed restrictions. as mentioned above. Although not part of the City's purview, the intent of these Standards and Procedures is described here so that the City understands how they will function in relation to the other Standards of the Code: THE ARCHITECTURAL STANDARDS The goal of the Peninsula Neighborhood ARCHITECTURAL STANDARDS is a coherent and pleasing architectural character that is appropriate to the Iowa City tradition. The ARCHITECTURAL STANDARDS govern a building's architectural elements regardless of location and set the parameters for allowable materials, configurations, and construction techniques. Equivalent or better products than those specified are al~vays encouraged. THE LANDSC4PE STANDARDS The purpose of the LANDSCAPE STANDARDS is to ensure coherent neighborhood STREETS and to assist property owners with understanding the relationship between the STREET and their own FRONT YARDS. These Standards set the parameters for planting and maintenance of trees on or near each lot. THE ARCH1TECTUPctL REVIEW PROCEDURE Through the adoption of this Code as an amendment to the Zoning Ordinance, the Peninsula Neighborhood Architectural Review Board (the Board, or PNARB) is established to administer and empowered by the City of Iowa City to establish an ARCHITECTURAL REVIEW PROCEDURE to execute this authority and to protect the value of lots and houses in the Peninsula Neighborhood. It is the responsibility of the Board to review architectural and landscape plans for compliance with the Peninsula Neighborhood Code and to provide design guidance when necessary. The PNARB shall be GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 4 THE PENINSUI, A N EI(iI~IBORttO(Z)D solely responsible for interpreting and enforcing the Peninsula Neighborhood Code regarding architectural and landscape standards, as well as any other standards not otherwise addressed and regulated by the City of Iowa City Code. THE PENINSULA NEIGHBORHOOD DEFINITIONS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 5 TIlE PENINSUI. A N EI(iHB()RtlOOD The following definitions are additions or substitutions to the current list of definitions in the City of Iowa City Zoning Ordinance for use with this Code. Certain terms in the Code are used in very specific ways, often excluding some of the meanings of common usage. Wherever a word is printed in SMALL CAPITAL LETTERS, it is being used as defined herein. ACCESSORY UNIT A dwelling unit on a single-family lot incidental to the primary residence and no greater than 650 square feet in size. (Note: This definition differs from the Definition of "Accesso~ Apartments" in Chapter 6, Article B Zoning Definitions of the Cit. v Zoning Ordinance). ALLEY The open public way at the rear of lots that provides access to vehicle parking (e.g., garages), utility meters and garbage bins. The Alley Right of Way is generally 25 feet. (Note: This definition differs front the Definition of "AHey" in Chapter 6, Article B Zoning Definitions of the Ci(v Zoning Ordinance). BACK YARD The open portion of the lot behind the building or FRONT YARD, including the OPEN SIDE of the lot. (Note: This definition differs from the Definition of "Rear Yard" in Chapter 6, Article B Zoning Definitions of the CiO, Zoning Ordinance). BUILDABLE AREA The area of the lot within which buildings will sit. The BUILDABLE AREA sets the limits of the building footprint now and in the future -- additions must be within the designated area. This provides for future growth in a manner consistent with the Peninsula Neighborhood's Quality of Life goals. The BUILDABLE AREA is illustrated in and set by the BUILDING PLACEMENT STANDARDS. (Note.' This definition differs ~'om the Definition of "Buildable Area" in Chapter 6, Article B Zoning Definitions of the CiO, Zoning Ordinance). BUILDING PLACEMENT STANDARDS The BUILDING PLACEMENT STANDARDS establish the basic parameters governing building construction. This includes the envelope for building placement (in 3 dimensions) and certain required/permitted building elements, such as porches, balconies and fences. CIvIc GREEN, SQUARE PUBLIC SPACES located within the NEIGHBORHOOD, as designated on the REGULATING PLAN. The CIVIC GREEN is a primarily unpaved, formally configured, small public lawn or park. The SQUARE iS generally paved, appropriate to a more highly trafficked area. Both spaces should be surrounded by canopy STREET TREES. Their tract dimensions shall be no less than a 1:4 ratio, with a minimum tract dimension of 25 feet. Situated at prominent locations within the NEIGHBORHOOD and often dedicated to important events or citizens, CIwc GREENS and SQUARES may contain play equipment but shall not include ball fields and courts. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 6 THE PENINSULA N EIGHBOR][IO()D COMMON DRIVE A shared access easement for two or more lots, typically found on EDGE LOTS. Geoff is it possible to make it clear that common drives are private to distinguish them fonn alleys? COMMON LOT LINES Lot lines shared by private lots, generally side lot lines. CONSERVATION LINE A Line established to guarantee the preservation of the Peninsula's natural areas and slopes and to preserve the views from EDGE LOT houses. Land beyond the CONSERVATION LINE shall not be built upon paved, driven on, re-graded or otherwise disturbed. CORNER LOT A lot in which one side lot line is adjacent to the STREET. Where a PRIVACY BUILDING LINE is located on the side adjacent to the STREET, the PRIVACY SIDE restrictions on windows do not apply. Special fencing and landscape requirements may also apply. EDGE LOT A lot located on the perimeter of the neighborhood whose rear lot line faces and/or is within the Peninsula conservation area. FRONT PORCH The ground floor platform attached to the front or STREET side of the main building. Required FRONT PORCHES, as defined in the BUILDING PLACEMENT STANDARDS, must be roofed and enclosed by balustrades (railings) and posts that extend up to the roof and shall not be otherwise enclosed except with insect screening. FRONT YARD The area of the lot from the STREET FRONTAGE to the enclosed portion of the building wall. This area is contiguous with the STREET, and includes the FRONT PORCH. Mote: This definition differs from the Definition in Chapter 6, Article B Zoning Definitions of the City Zoning Ordinance). FRONT YARD FENCE The wood picket, wrought iron, or masonry fence located along the STREET FRONTAGE of private lots and along COMMON LOT LINES to at least 10 feet back from the STREET BUILDiNG LINE. See the BUILDING PLACEMENT STANDARDS. NOTE 1 'OFF RIGHT-OF-WAY, 2" OFF SIDEWALK. GARDEN WALL A masonry fence, This may take the basic form of a FRONT YARD Or a PRIVACY FENCE depending on its height and placement. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 7 TIlE PENINSULA N E~GHBORttOOD OPEN SIDE The side of the house and lot opposite the PRIVACY SIDE and PRIVACY BUILDING LINE (PBL). There are no window restrictions on the OPEN SIDE, and a minimum setback is used, rather than a REQUIRED BUILDING LINE. The OPEN SIDE of the house has less privacy restrictions because the windows on the adjacent side of the neighboring house are restricted by Privacy-Side Manners (See PBL below). PEDESTRIAN PATHWAY PEDESTRIAN PATHWAYS are interconnecting paved walkways that provide pedestrian passage through Blocks running from STREET to STREET. These pathways should not be less than 10 feet in width, except where specifically noted on the REGULATING PLAN, and should provide an unobstructed view through the block. PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (PNARB) The PENINSULA NEIGHBORHOOD ARCHITECTURAL REVIEW BOARD (PNARB) is a group of individuals initially appointed by the Developer. The PNARB is established to administer and enforce the architectural and landscape standards for new construction and future building modifications, as well as certain portions of the Building Placement Standards within the Code not otherwise enforced by the City of Iowa City. PRIVACY BUILDING LINE (PBL) The PBL is the required side building line for lots in the Neighborhood where designated on the REGULATING PLAN. The building must be placed along the PBL, generally three (3) feet from one side lot line. Windows are restricted on this side of the building. The PBL is set consistently along a given STREET, allowing houses to open to the other side, toward their side-yards.(In your definitions the backyard incorporates side yard, so perhaps you need to have a separate definition for side yard.) PRIVACY FENCES Fences and hedges along COMMON DRIVES and COMMON LOT LINES (where more than 10' behind the REQUIRED STREET BUILDING LINE (RSBL)) may be as high as eight (8) feet above the adjacent ground. Wire fences shall have a hardy species of hedge or climbing vine planted along them. PUBLIC SPACE Property (STREETS, ALLEYS, CIVIC GREENS, SQUARES and parks) within the public domain and physically within the Neighborhood within which citizens may exercise their rights. REGULATING PLAN The REGULATING PLAN is the "master plan" for the Neighborhood that provides specific information for the disposition of each property or lot. The REGULATING PLAN specifies the BUILDING PLACEMENT STANDARD for each lot and shows how each building contributes to the larger Neighborhood, as well as the arrangement Of PUBLIC SPACE in relation to private space. For lots in special locations, there may be additional design guidelines. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 TIlE P ENINSU LA N E[GHBORtlOOD REQUIRED STREET BUILD1NG LINE (RSBL) The building (generally including the FRONT PORCH) must be built-to the RSBL. The RSBL is the required building line, generally seven (7) feet from the STREET FRONTAGE. The RSBL for each lot is shown on the REGULATING PLAN. SIDEWING The portion of a building extending along a side lot line toward the ALLEY or COMMON DRIVE or garage. This portion may be built initially or as a later addition. The SIDEWING sits within the BUILDABLE AREA of the lot as shown in the BUILDING PLACEMENT STANDARDS. STREET, STREET FRONTAGE, AND SIDE STREET 1. STREET includes all PUBLIC SPACE (STREETS, SQUARES, GREENS, parks) -- but not the COMMON DRIVES or ALLEYS. 2. STREET FRONTAGE refers to the lot line coincident with the STREET Right of Way and generally the shorter lot dimension. 3. The SIDE STREET is the STREET of the lesser Right of Way, generally with the longer lot line along it. STREET TREE A deciduous canopy tree as listed in the Street Tree list of the LANDSCAPE STANDARDS. STREET TREES are of a hardy species, large enough to form a canopy with sufficient clear trunk to allow traffic to pass under unimpeded. (the master plant list implies conifers are street trees also. I don't think that was the intent) STREET TREE ALIGNMENT LINE A generally straight line that STREET TREES are to be planted along. This alignment is parallel with the STREET and unless specified in the REGULATING PLAN is set four (4) feet back from the curb. STREETSCAPE This term refers to the various components that make up the STREET, both in the Right of Way and on private lot frontages. It includes pavement, parking spaces, planting areas, STREET TEES, streetlights, sidewalks, FRONT YARD FENCES, FRONT YARDS, FRONT PORCHES, etc. STOOP An entry platform at the STREET side of a building. STOOPS, where required by the BUILDING PLACEMENT STANDARDS, may be roofed but they may not be enclosed. "WHERE CLEARLY VISIBLE FROM THE STREET" Many requirements of this Code, especially the Architectural Standards, apply only where the subject is "clearly visible from the street." Note that the definition of STREET includes parks, CIvIc GREENS, GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 9 THE PENINSULA NEtGlr[BORtlOC~D SQUARES, and all public areas except ALLEYS or COMMON DRIVES. The intent here is to restrict control to the public realm where it has significance and limit public interference in the private realm. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 10 PENINSULA N EIGftBORI1OOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 11 THE PENINSIII, A N F, IGIIB()RHOOD THE PENINSULA NEIGHBORHOOD REGULATING PLAN GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 72/14/00 12 TIlE PENINSL3I. A N EIGIr~BORIIOOD UNDERSTANDING THE REGULATiNG PLAN As the principal tool for implementing the Peninsula Neighborhood Master Plan, the REGULATING PLAN identifies the basic physical characteristics of each lot and the type of building assigned to it. It also identifies the type and placement of STREET TREES on each STREET, as well as identified parking spaces. A Preliminary REGULATING PLAN is submitted as part of the Code; please refer to page 10 - 13 (Have these page numbers changed?)ofthe Preliminary Plat document. The Potential Landscape Plan found on page 11 - 13(Have these page numbers changed?) of the Preliminary Plat document is part of the REGULATING PLAN as it defines STREET TREE placement. The illustration below explains the elements of the REGULATING PLAN and will be useful as a reference when examining the PLAN. UNDERSTANDINC REGULATING PLAN ,: -- ,,~:,,, ?. ..,//N /'- ""' ' '~,~ REQUIRED STREET BUILDING LrNE (RSBL) ::~: ' ,~' THIS IS THE BLOCK ADDRESS -U~ 2 '~' THIS ~S YOUR BUILDINn TYPE / ' ~':'" E = Estate Site ~ x~ /XI'* ,, -~'~ ~ = , ,.>---~-~:,~'C-}- ' B= -~ 4~ ~ ~ :' ,' T = Townhouse Si~e x ~ 'SZ:' LW = Live/Work Mixed Use Site ',' R = Rowhouse Site As = Small Apartment SiEe -THESE ARE YOUR PROPERTY LINES , ,~{--- : , ~ '~' ' ' ~cTREET TREES (Planted by the Developer) L,' '~7/ /T24 STREET PARKING: Dedicated Lanes or "T;'¢ Limited On Street Parking -. k q: --' ' ,- C , X / / , A final REGULATING PLAN will be submitted with the final plat application for each development phase of the Peninsula Neighborhood. The exact placement of lot lines, trees and parking spaces in the final PLAN may be slightly different only by a few degrees or feet, but the basic configuration of the PLAN will not change. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 113 THE PF, N1NSULA N E[GHBORH()OD THE PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARDS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/] 4/00 14 T H E P E N l N SU I.A N E [ G }l BORtt O O D INTRODUCTION The NEIGHBORHOOD REGULATING PLAN identifies the BUILDING PLACEMENT STANDARDS for all lots. The goal of the BUILDING PLACEMENT STANDARDS is good STREET forIll and desirable outdoor private space (yards and gardens). They aim for the minimum level of control necessary to meet that goal. Variances to the BUILDING PLACEMENT STANDARDS Carl be granted only where the unique physical circumstance of a lot makes compliance impossible (and the specific variance must satisfy the intent of the STANDARD). The BUiLDiNG PLACEMENT STANDARDS set the basic parameters governing building construction, including the building envelope (in three dimensions) and certain required/permitted elements, such as porches, balconies, and fences. The Sq'ANDARDS specify building types that will be built within the Neighborhood. GENERAL PRINCIPLES 1. BUILDINGS ARE ALIGNED AND CLOSE TO THE STREET. Buildings form the space of the STREET. 2. BUILDINGS FORM AND PROTECT PRIVATE OPEN SPACE. Whether a yard, garden or courtyard, private open space is an important complement to the public space of the neighborhood. 3. BUILDINGS HAVE FRONT PORCHES OR BALCONIES. This overview of the STREET contributes to healthful STREETS and safe neighborhoods, while serving as a buffer between the house interior and STREET activity. 4. BUILDINGS ARE DESIGNED FOR TOWNS. Rather than being simply pushed closer together, as in many suburban developments, buildings must be designed for their close siting within towns and cities. Views are directed to the STREET and the BACK YARD, not toward the neighbors. 5. PROPERTY LINES ARE PHYSICALLY DEFINED BY FENCES, HEDGES OR GARDEN WALLS. Land should be clearlypublic orprivate--in public view for surveillance or private and protected. 6.VEHICLE STORAGE, GARBAGE AND MECHANICAL EQUIPMENT IS AWAY FROM THE STREET. Access to garages should (Geoff should you use "shall" here?) be from the ALLEY or COMMON DRIVE. Where garages must be front-loaded, they should (Geoff should you use "shall" here?) be set at least 20 feet behind the front plane of the house. The following several pages outline the specific BUILDING PLACEMENT STANDARDS for each proposed building type. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 15 THE Pli,2NINSULA NEtGHB()RtIOOD BUILDING PLACEMENT STANDARD )(OF ESTATE HOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 16 Tilt: PtENINSULA NtZtGtIBORHOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PREL,rMiNAR Y 12/14/00 17 Tt|[; PENINSULA N EIGIr|BORtlOOD PENINSULA Building Placement Standards Estate Houses The principle building shall be no more than 25 ft to its Eaves. The accessory building shall be no more than lgft to its Eaves. E×~,~N~NAVWF!6 EOFV~E~U~'EL~g§ The Front Yard Fence shsJl be between 30 and 40 inches in heighc ~'L~~x,x,x/~.~ ~he mean Street Frontage elevation. t The first storey shall have at least 9 ft clear height. The second storey shall have at least 8 ft clear height. ~\\,~,~ Ro~ ] 7 rr :Rs0~ I property U~e~-] t The principle building shall be Built-To the Requh'ed Street BuildWg ~ F ] ~ Line (RSBL). For Edge Lots designated on the l~g~lating Plan r ] ']RSBL'2~ ' ]~ ~ALLE with a second RSBL (17 ft off the Lot Frontage), the Front Porch ' "' ..,.! :..::: econd The e~ :..x~,~ ' >~x, ~,. ,~,x',X ':,~' 20 ft behind the front building walI). AnydesignatedCommon :~' "~2' ' Drive easements shall be respected -- consult with the Town  - o s ........ Land within the Conservation Easement shall not be built upon, [ SBL 17 F ff t t r t g ~ driven on, regraded, orotherwise dlsturbed. .33= t OT k~ A Front Yard Fence, 30 to 40 inches in height, is required along the Street Frontage a~ad Front Yard Common Lot Lines to at least 10 ft ?~ ~ f~o~ ~he (P, SBL). See s FT M~N 41~' A Front Porch, between 8 ft and 10 ft deep with a width equal to ..... N[ F')RCH/'NN'~FT MAX D~DTH no less than 33% of the Street Frontage, is required along the ~g~'* :Xg0 i~-5 - ~ ! For deslg~ated Edge Lots (see the Regulating Plan) the Front A Privacy Fence, maidmum gft in height, may run the rerrminder of ,,,, , the rear and Cogon Lot Lines (except within the Front Yard area which shall have a Front Yard Fence). Above the Ground Floor onlyResidentlal Uses are permitted (Bed and Breakfast Homestays are permitted on all floors). Gm~md Floor and Basement space may additionally indude Home f]7/~ Occupations (by right subject to Zoning Regnalations Section RESIDENTIAL W/~ll the prlrruarystmcture and/or max. 1 nonresident employee HOMe OCCUPA IOnS ........... Parking, occupant's workshop, and AccessoryUnit(<fgS0 Sq Ft) uses are penr~tted in the building ama at the rear of the lot. See attached Specifications. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELZMINdRY 12/14/00 18 Tile PENINSULA NEIGHBORHOOD SPECIFICATIONS, ESTATE HOUSE HEIGHT SPECIFICATIONS: Building Height is measured from the highest fronting sidewalk elevation USE GRADE iN FRONT OF BUILDING WITHiN 5' (ALLEY or COMMON DRIVE frontage for accessory buildings) to the caves or other point specified on the Standard (It is not clear what this means. Does it exclude dormers? Which caves?). FENCE and GARDEN WALL heights are relative to the lowest adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 35% of the lot area shall remain open and not be built upon (nor used for parking) except where othersvise specified in the Code. 3.CORNER LOTS: a. The STREET FRONTAGE for comer lots is both the front and side STREETS. b. The fence requirements for comer lots additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. This requirement is waived for the Estate, House and SmallApartment types on EDGE LOTS. 2. All lots bordering an ALLEY shall use the ALLEY as the primary means ofautomobile access. 3. Parkingareasandgaraged~~rssha~~n~tbe~~catedwithin2~feet~ftheSTREETun~esshiddenbya GARDEN WALL. 4. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL, generally 17 feet off the Street Frontage), both the FRONT PORCH and FRONT YARD FENCE are optional. The principle building facade (enclosed portion) shall be Built-To this second RSBL. HOME OCCUPATIONS: Home occupations are permitted by subject to Zoning Regulations Section 14-6M-l(B)(6) with the following exceptions: 1. A maximum of one (1) nonresident employee within the primary structure; and 2. A maximum of one (1) nonresident employee within one (1) accessory structure for lots that have accessory units. ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units, except for Live/Work units.(Why? Live/work units are not contemplated for estate lots are they?) Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 19 PENINSULA NEIGHBORHOOD BUILDING PLACEMENT STANDARD fOF PENINSULA HOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 2O TtI[E PENINSULA NEIGHBORttOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 21 TIlE PENINSULA N EI(~HBC~RttO()D PENINSULA Building Placement Standards Peninsula Houses The principle building shall be no more than 25 ft to its Fares. The accessory building shall be no more than 18 ft to its Eaves. PRIVACY FENCE e F~ Mr~X The Front Yard Fence shall be between 30 and 40 inches in height. E~US~TA~WN~ ~CX~U~ The fi~st floor finished elevation shaH be at least 30 inches above EXUSANFST~~(~ the mean street frontage elevation. The first storey shall have at least 9 ft clear height. The second storeyshaH have at least 8 ft clear height. The pdnciple building shall be Built- To the Required Stn~et Btdlding Line (RSBL). For Edge Lots designated on the Regulating Plan ] i ] RBL2 ~ with a second RSBL (17 ft off the Lot Frontage), the Front Porch ] BUILD,~RLE I~ V and Front Yard Fence are optional. The building shall be Built- To this second RSBL. The miuimum side Setback is 5 ft. - , The garage, parking for vehicles (autos, trailers, boats, etc.) shall be s E kept within the designated Garage-Parking area (except for Edge T . LOts where the garage door (and/or parking area) shall set be at ~R ~ t least 20 ft behind the front building wall). Any designated ~ : .. Common Drive easements shall be respected -- consult with the Tovax Architect. Land within the Conservation Easement shall not be built upon, driven on, regraded, or otherwise dismthed. z3~ t CT L A Front Yard Fence, 30 to 40 inches in height, is required along the 7TC~ Street Frontage and Common Lot Lines to at least 10 ft beyond the ;' Street Building Line (BSBL). A Front Porch, between 8 ft and 10 ft deep with a width equal to FRONT PORCH 10 FT MAX DEPTH Rc~ 10~~~~ no less than 33% of the Lot Frontage, is required along the Street P~IVAC'r' FENCE Building Une {PxSBL). For designated Edge Lots (see the Re,dating Plan) both the Front Porch and Front Yard Fence are ~ A Privacy Fence, maximum 8 ft in height, may nm the remainder of , . the rear and Common Lot Lines (except within the Front Yard area which shah have a Front Yard Fence). Above the Ground Floor onlyResidential Uses are permitted (Bed and Brealdast Homestays are permitted on all floors). Ground Floor and Basement space may additionally include Home Occupations Coy right subject to Zoning Regulations Section f:27/~ { 14-6M-l[BZ6] with these exceptions: max. 1 nonresident employee RESIDENTIAL ~ I w/in the pttmarystrucmre and/or max. 1 nonresident employee ONLY w/in 1 accessory structure, for each lot.) ~~~~X~,:~:~ Parking, occupant's workshop, and Accessory Unit (<1550 Sq Ft) uses are permitted in the building area at the rear of the lot. See attached Specificatiolns. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PREHM~NaRY 12/14/00 22 TIlE PENINStILA NEIG}[BORieIOOD SPECIFICATIONS, PENINSULA HOUSE SAME CHANGES AS PAGE 19. HEIGHT SPECIFICATIONS: Building Height is measured from the highest fronting sidewalk elevation (ALLEY or COMMON DRIVE frontage for outbuildings) to the eaves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: I. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 35% of the lot area shall remain open and not be built upon (nor used for parking) except where otherwise specified in the Code. 3.CORNER LOTS: m The STREET FRONTAGE for comer lots is both the front and side STREETS. b. The fence requirements for comer lots additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building's STREET ti~ade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. This requirement is waived for the Estate. House. and SmallApartment types on EDGE LOTS. 2. All lots bordering an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. 4. For EDGE LOTS designated on the REGULATING PLAN with a second REQUIRED STREET BUILDING LINE (RSBL, generally 17 feet off the Lot Frontage), both the FRONT PORCH and FRONT YARD FENCE are optional. The building fagade (enclosed portion) shall be Built-To this second RSBL. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-l(B)(6) with the following exceptions: 1. A maximum of one (1) nonresident employee within the primary structure; and 2. A maximum of one (1) nonresident employee within one (1) accessory structure for lots that have accessory units. ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units, except for Live/Work units. Conversion of primary structure single-family units for multipie family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 23 Ytllc.. PENINSUI, A N EIGI. tBORtIOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 24 TIlE PENINSUI, A N E[(iHBORHO()D BUILDING PLACEMENT STANDARD ~F COTTAGES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 25 THI, L PENINSUI, A N EtGHB()R}{OOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 26 THE P ENINSU LA N EtGHBOR}IOOD PENINSULA Building Placement Standards Cottages The principle building shall be no more than 25 ft to its Eaves, The accessorybuilding shah be no more than 18 ft to its Eaves. ~lv~c~ ~ENCE AnySidewing shah be no more than 15 ft to its Eaves. SrOFW~NG OUTBUmmiNG The Front Yard Fence shall be between 30 and 40 inches in height. is T EAVE EAVE TheFrontPorchfloorelevationsha/lbenolessthan30inches above the frontbag sidewalk elevation. ~ The tint ~toreysh~n h~e ~t le~t 9 ft dea~beight. The se~o.d ~ storey shah have at least 8 ft clear height. I , A~ ~ 'A_LE0pen-SideSetbackis4ft. The total combined distance from side lot i ~ \ [~'L°~Iinesmustbe>8ft. · e . ,atin. Pl ,.yde,ig.ate.re dFriv ding e ':.i:'.": "':"': !" ~N ' : (PBL) 3ft-6inchesofftheComn~onLotline(generallyNorthor ,x~%~ ..... ' ~\4:~ "": '! East). ~R~UUIRED FRIVA~T I A Front Ya~ Fence, 30 to 40 ~ches ~ hei~t, ~ reqgd ~ong ~e WIDTH Street Frontage ~d ~gon Lot ~nes to at ]e~t 10 ft be~nd the ~7 ? ~quima Street B.na~g L~e ~BL). NCOURAGED~ A Front Pomh, be~en 8 ft ~d 10 ft deep ~th a ~d~ eq~ to ~ no less th~ 50% of the Steer Frontage, is req~md ~ong ~e ~L. A Privacy Fence, m~mum 8 ft ~ hei~t, ~y m ~e mg&r of g~ ~' ~e mar ~d ~on Lot ~nes (except ~ ~e Front Ya~ a~a Above the Ground Floor only Residential Uses are permitted (Bed and Breakfast Homestays are permitted on all floors). Ground Floor and Basement space mayadditinnallyinclude Home L~!~~,~N~ ~ OccuPati°nse°Yfightsubjectt°Z°ningRegulati°nsSecti°n 14-6M- l[B][6] with these exceptions: max. 1 nonresident employee w/in the primary structure and/or max. 1 nonresident employee - w/in I accessory structure, for each lot.) RESIDENT[AL , _. HOME OCCUPA lONg ACC UNIT Parking, occupant's workshop, and Accessory Unit (<ti50 Sq Ft) ~ ' >~ ~<'~ ~I uses are permitted in the building area at the rear of the lot. See attached Specifications. Draft Vergi on December, 2000 © 2000 FERRELL RUTHERFORD ASSOCIATES L L C All RighIs Reser'ed GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PREUM~N,~RY 12/14/00 TIlE PENINSULA NEIGHBORHOOD SPECIFICATIONS, COTTAGE SAME CHANGES AS PAGE 19 HEIGHT SPECIFICATIONS: Building Height is measured from the highest fronting sidewalk elevation (ALLEY Or COMMON DRIVE frontage for outbuildings) to the eaves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1 .The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging eaves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2.At least 25% of the lot area shall remain open and not be built upon (nor used for parking) except where otherwise specified in the Code. 3 .CORNER LOTS: a. The STREET FRONTAGE for comer lots is both the front and side STREETS. b. The fence requirements for comer lots additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1.The building's STREET fagade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. This requirement is waived for the Estate, House, and SmallApartment types on EDGE LOTS. 2.All lots bordering an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-l(B)(6) with the following exceptions: 1. A maximum of one (1) nonresident employee within the primary structure; and A maximum of one (1) nonresident employee within one (1) accessory structure for lots thatqsave have accessory units. ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one ( 1 ) of the units, except for Live/Work units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 28 THE PENINSU'LA N [![(;HBOR}IOOD BUILDING PLACEMENT STANDARD TOWNHOUSES & LIVE/WOE BUILDINGS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 29 TIlE PENINSULA NF, t(3tIBORHOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 TIlE P ENINSU LA N F-I(~HBORHOOD PENINSULA Building Placement Standards Townhouses & Live Works The primarybuilding shall be no more than 32 ft to its Eaves. The accessory building shall be no more than 18 ft to its Eaves. Any Sidewing shall be no more than 15 ft to its Eaves. The Front Yard s ~v UA× Fence shall be between 30 and 40 inches in height. ~_Lx(""%~ ~ vc' ~vc .U~T TheFrontPon:h~oorelevarionshallbebetween30and50inches ~N 8f~clearheight. ....... . ~,~ ', the porch ~re~) ~J~d shah h~ve ~ m~n~mum 10 ~r clear height. There is no Front Y~rd Fence requirement. ~z~' ' '7] ' "' "'! "' ' The p~rmry building sh~II be B~t- To the Required Stree~ Building 'k~,, ~ I~ne (RSBL), ~s designated on the Regulating Plan. !!!:'. 4! ), j'. · ,,~ ~f<:!-'~ ~ ,..<i*,%~Z Si&wing area construction shall be within and Bdlt-To the Privacy ~ ~' Building Line (PBL) (generatly the North or East side). , The lot/udit width shall be between 20 f1 and 28 ft. A maximum of 8unksshallbecontiguous. ThereshallbeamLnimuml0ftgap between buildings where multiple Town House buildings are built I (except where otherwise designated on the Regalating Plan). The garage, vehicle parking (autos, trailers, boars, etc.) slmll be kept : within the designated Garage-Parking area (and/or as designated on I ~ the Regt~ating Plan). Parking access shall be via the Alley. ....... 50r~ . or %~/. [ A Front Porch, between 8 ft and 12 ft deep with a width equal to W~DTH no less than 50% of the Street Frontage, is required along the ~7 " Required Street Building Line (KSBL). ~'";Z.V~7~E.CE AFrontYardFence, 3O to 40 inches in height, is requh'ed along the '~ ,x ~ j ~ ~ Privacy Fencing, between 6 and 8 ft in height, shall be placed along any unbuilt rear and Common Lot Lines (excluding Live Work with .o kk ¥=nl Above the Ground Floor only Residential uses are permitted (Bed and Break/ast Homestays are permitted on all ~ooxs). Ground Floor and Basement space may additionally include Home ]P,~SID~NrI~I attached Specifications). <~2 ' Parking, occupant's workshop, Home Occupations, and Accessory i Res. id, Home Oct PARKING Ullit (<1500 Sq Ft) uses are permitted in the building area at the mar ~ Ne gh C AuC UNIT y:~ It i: gram. - Of the lot. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 31 TIlE PENINSUI, A N EIGHBORtIOOD SPECIFICATIONS, TOWNHOUSE & LIVE WORK HEIGHT SPECIFICATIONS: SAME COMMENTS PERTAINING TO HEIGHT AS ON PAGE 19. Building Height is measured from the highest fronting sidewalk elevation (ALLEY or COMMON DRIVE frontage for outbuildings) to the caves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not frontlug a sidewalk. On EDGE LOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging eaves, garden trellises and other light and uuroofed garden structures) shall occupy the remaining lot area. 2. At least 5% of the lot area shall remain open and not be built upon except where otherwise specified in the Code. 3. CORNERLOTS: a. The STREET FRONTAGE for corner lots is both the front and side STREETS. b. The fence requirements for corner lots additionally allow a PRIVACy FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building's STREET fagade should be composed as a simple plane (jogs Iess than 8" are considered within this requirement) inten'upted only by porches, STOOPS, balconies, and storefronts. This is not necessary here. 2. All lots bordenng an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. LIVE WORK UNITS DIFFER IN THAT THE GROUND STOREY FINISHED FLOOR ELEVATION, INLCUDING THE PORCH AREA SHALL BE NO GREATER THAN 6 INCHES ABOVE THE ADJACENT SIDEWALK Et. EVATION AND SHALL HAVE A MINIMUM 10 FT CLEAR NEIGI [1'. THERE IS NO FRONT YARD FENCE REQUIREMENT. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: I. Retail or personal service establishments limited to the ground floor space within the existing structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays.No need to list since they are permitted by general zoning ord. 4_. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space within the existing structure. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-l(B)(6) with the following exceptions: 1. A maximtan of one (1) nonresident employee within the primary structure; and 2. A maximum of one ( 1 ) nonresident employee within one (1) accessory structure for lots which have accessory units. ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units, except for Live/Work units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 32 'FILE PI,2NINSUI, A NEIGt[BORHOOD BUILDING PLACEMENT STANDARD fOF ROWHOUSES GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 33 TIlE PENINSUI, A N EIGtltBORIIOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMIN,4RY 12/14/00 34 TIlE PENINSUI, A N EIGHf}ORtIOOD PENINSULA Building Placement Standards Rowhouses The primary bui]ding shah be no more than 32 ft to its eaves. Any accessory building shah be no more than 18 ft to its eaves. PR~wc~ ~CE AnySidewing shall be no more than 15 ft to its eaves. ~ M~x E VS HEbHV The Front Yard Fence shall be between 30 and 40 inches in height. M N above the fronting sidewalk e]evatiom EAR Thefi~ststoreysha]lhaveatleast9ftclearheight. Thesecond storeyshall have at least 8 ft clear height. r I/7,.~'5.://~ ~,/,.___~'7 ~ , ~ Thep~marybuildingshallbeBuih. TotheRequiredStreetBuilding ' Line (KSBL), 7 ft off the ROW/Lot Frontage -- except where ..... ' · , otherwise designated on the Regulating Plan. ' Sidewing area construction shall be within and Built- To the Privacy ' ' Building Line (PBL) {generallythe North or East side). The lot/unit width shall be between 16 ft and 20 ft. A m~ximum of 5 units shall be contiguous as a single building. There shall be a 10 ft I gap between multiple Row House buildings (except where specificallydesignated on the Regulating Plan). The garage, vehicle parking (autos, trailers, boats, etc.) shall be kept - * I within the designated garage-parking area. Parking access shah be through the Alley. 6 FT MO~ · :~f,' A Stoop, not more than 5 ft deep and 6 ft wide (plus steps) is c~' ~ A Front Yard Fence, 30 to 40 inches in height, is permitted along ~C~?l Ii ' the Street Frontage and along the Common Lot Lines of the Front ~r~ ~ ~ . ~uZ PdvacyFencing, between 6 and S ft in height, shall be placed along Above the Ground Floor onlyResidential uses are permitted (Bed and Breakfast Homestays are permitted on all floors). ~//( Ground Floor and Basement space may additionally ~clude Home \ 0ccupariom and Neighborhood Commercial uses by right (see . Parking, occupant's workshop, Home Occupations, and Accessory R~ia..o.l~0cc Unit (<500 Sq Ft) uses are permitted in the building area at the rear ' ~(~X~ of the lot. See attached Specifications. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIi~IINARY 12/14/00 35 TIlE PENINSUI. A NE[GHBORi~{OO.D SPECIFICATIONS, ROWHOUSE Same general comments as for townhouses on page 32 HEIGIiT SPECIFICATIONS: SAME COMMENTS PERTAINING TO HEIGHT AS ON PAGE 19, Building Height is measured from the highest fronting sidewalk elevation (ALLEY or COMMON DRIVE frontage for outbuildings) to the eaves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting a sidewalk. On EDGE LOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of thebuildings (excepting overhanging eaves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 20%of the lot area shall remain open and not be built upon except where otherwise specified in the Code. 3. CORNER LOTS: a= The STREET FRONTAGE for con~er lots is both the front and side STREETS. The fence requirements for comer lots additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substilute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building*s STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) inten'upted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET Unless hidden by a GARDEN WALL. NEIGHBORHOOD COMMERCIAL USES: The following uses are permitted by right: 1 .Retail or personal service establishments limited to the ground floor space within the existing structure. 2.Adult or child care homes. 3 .Bed and Breakfast Homestays. 4.Offices limited to dental pract ces, general medical practices, insurance, real estate or travel agencies, accounting practices and la~v offices, limited to 50% of ground floor space within the existing structure. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-1 (B)(6) with the following exceptions: 1. A maximum of one (1) nonresident employee within the primary structure; and 2. A maximum of one ( i ) nomesident employee within one (1) accessory structure for lots which have accessory Units. ACCESSORY UNITS: Accessory units are permitted by right. For such units, the owner of the principal structure shall occupy at least one (1) of the units, except for Live/Work units. Conversion of primary structure single-family units for multiple family uses is prohibited. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 36 Ttllc,~ PENINSUI, A N Ei~GI4BORI:IOOD BUILDING PLACEMENT STANDARD fOF SMALL APARTMENT BUILDINGS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PREL IMINAR Y 12/14/0 0 37 TIlE PENINSULA N [?[G/rtBORHOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 TtlF, PENINSUI, A NEIGHBORHOOD PENINSULA Building Placement Standards Small Apartment Buildings The primarybuildlng shall be no more than 45 ft to its Eaves. Any accessory building or Sidewing shall be no more than 15 ft to its Eaves or parapet -- except where frontlng a Street, where it may T%kA ON ALLEf OR S'C'EWING pAVE OR pARApET WALLS REC2P~ ON GardenWallorPfivacyFencealongit, between6ftandgftin 0 EAVES I M r W%L Thegmundstoreyfinished~oorelevationshallbenolessthan30 ~ , ! · inches above the fmnting sidewalk ,a, ,vtA,+l. ,t,:,4t,n<~. ' Ths Street Facade shall be Built. To not less than 75% of the ~ ~1 [~sl'anzl~t.l,iNlu,×l ,'a~ul~ ~L,~V Required Street Building Line CRSBL) whichisdesignatedinthe ~ ' R,:~ P~gulating Plan. There am no required side setbacks. C,~R~¢/ The maximum braiding width along the Street Frontage is 170 ft. Not less than 10% of the Lot area shall be a shared Back Yard. ~tN 75.. _ Any re:built Street Frontage or Cornnaon Lot Ii~e shall have a ~lt,='l, Garden Wall or Privacy Fence along it, between 6 ft and 8 ft in ,p.'&,' height. The garage, parkhag for vehicles (autos, tralhn, boats, etc.) and garbage bins shall be at least 20 ft from anyStreet Frontage and not I 4 ; .,ik, lp.a~ 1,' , clea visible from the Street. ~ L~f/~ A roofed Balcony is required for each 2nd & 3rd Floor unit, minimum 5 ft deep and 8 ft wide. · ro~ Mtx PrivacySide iVl~me~s shall applyto all facades facing Common Lot ~-~ Lines (no view windows) excepting ground floor windows which nay face a Common Lot Line more tkm 30 ft away. Oiound rl00~' _ ~ Paxking, garages, and accessory uses may be placed to the rear of ~ %~?~r;~loh -- , the lot. Parking shall be no closer than 20 ft to any Street Frontage unlesshiddenbyaGardenWallatleast4ftinheight. Parking · shall be separated from adjacent less intense building type by a I Above the Ground Floor onlyResidential uses are pen'nitted (Bed ~ and Breakfast Homestays am permitted on all floors). /~ Ground Floor and Basement space may additionally include Home Occupations and Neighborhood Coxrmaercial uses by fight (see t attached Specifications). CC,/~, ,p. Parking, garages, and accessory uses may be placed to the rear of RESIDENTIAL the lot. Parking shall be no closer than 20 ft to any Street Frontage ~i.iT.D sHOP, and separated from adjacent use by a Garden Wall. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PREHMZN~RY 12/14/00 ~9 TIlE PENINSL/LA N EIGIrfBORttO()D SPECIFICATIONS, SMALL APARTMENT Same general comments as for townhouses on page 32 HEIGHT SPECIFICATIONS: SAIVIE CHANGES AS PAGE 18 Building Height is measured from the highest fronting sidewalk elevation (ALLEY or COMMON DRIVE frontage for outbuildings) to the eaves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting asidewalk. On EDGELOTS, height for outbuildings will be measured relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1. The buildings shall occupy only the specified (hatched) area of the lot. No part of the buildings (excepting overhanging caves, garden trellises and other light and unroofed garden structures) shall occupy the remaining lot area. 2. At least 25%of the lot area shall remain open and not be built upon except where otherwise specified in the Code. 3. CORNER LOTS: a. The STREET FRONTAGE for comer lots is both the front and side STREETS. b. The fence requirements for comer lots additionally allow a PRIVACY FENCE along the SIDE STREET FRONTAGE as a substitute for the required FRONT YARD FENCE. This PRIVACY FENCE shall begin no closer than 20 feet from the comer (ROW intersection) of the frontage street. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. This requirement is waived for the Estate, House, and Small Apartment types on EDGE LOTS. 2. All lots bordering an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. NEIGHBORHOOD COMMERCIAL USES: The foliowing uses are permitted by right: 1. Retail or personal service establishments limited to the ground floor space within the existmg structure. 2. Adult or child care homes. 3. Bed and Breakfast Homestays. 4. Offices limited to dental practices, general medical practices, insurance, real estate or travel agencies, accounting practices and law offices, limited to ground floor space ~vithin the existing structure. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-1 (B)(6) with the following exceptions: 1. A maximran of one (1) nonresident employee within the primary structure; and 2. A maximum of one ( 1 ) nonresident employee within one ( 1 ) accessory structure for lots which have accessory units. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 4O PENINSULA N E[GHBORIflOOD BUILDING PLACEMENT STANDARD BUNGALOWS GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 41 'FtlE PENINSUI, A N E[GHBORtIOOD GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIM~rNARY 12/14/00 42 TtlE PENINSULA N EI2GHBORHO()D BUNGALOW LOTS ON MCCLEARY LANE The Bungalow Lots on McCleary Lane are highly constrained and the possible building envelope configurations are limited. Buildings have a REQUIRED STREET BUILDING LINE (RSBL) along McCleary Lane 27.5 feet in length, a required porch (within the overall building envelope versus the more typical additive front porch), and will be between one (1) and two (2) stories. HEIGI IT SPECIFICATIONS: 1= The principle building shall be no more than 25 feet to its eaves. 2_. The FRONT YARD FENCE shall be between 30 and 40 inches in height. 3. The front porch elevation shall be between 24 and 36 inches above the mean sidewalk elevation. 4. The first storey shall have at least 9 feet clear height. SH'ING SPECIFICATIONS: 1_. The building shall be Built-To the REQUIRED STREET BUiLDiNG LiNE (RSBL). 2. Vehicle parking and miscellaneous building equipment (including HVAC) shall be kept within the area designated on the REGULATING PLAN. ELEMENTS SPECIFICATIONS: 1. A FRONT PORCH shall be built along the RSBL (and within the building envelope) no less than eight (8) feet wide (parallel to McCleary Lane) and no less than six (6) feet deep. Should make clear what is considered street front. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY 12/14/00 43 TIlE PENINSULA N EIGIrlBORHO()D SPECIFICATIONS, BUNGALOW HEIGI H' SPECIFICATIONS: SAME CHANGES AS PAGE 18 Building Height is measured from the highest fronting sidewalk elevation (ALLEY or COMMON DRIVE frontage for outbuildings) to the caves or other point specified on the Standard. FENCE and GARDEN WALL heights are relative to the adjacent ground elevation when not fronting asidewalk. On EDGELOTS, height for outbuildings will be measurcd relative to the adjacent ground elevation on the STREET side of the outbuilding. SITING SPECIFICATIONS: 1. The building shall occupy only the specified (hatched) area of the lot. No parts of the buildmg (excepting overhanging eaves, garden trellises and other light and unroofed garden structures) shall occupy the remaining Iot area. 2. At least 10%of the lot area shall remain open and not be built upon except ~vhere otherwise specified in the Code. 3. CORNER LOTS: a_. The STREET FRONTAGE for conaer lots is both the front and side STREETS. ELEMENTS SPECIFICATIONS: 1. The building's STREET facade should be composed as a simple plane (jogs less than 8" are considered within this requirement) interrupted only by porches, STOOPS, balconies, and storefronts. 2. All lots bordering an ALLEY shall use the ALLEY as the primary means of automobile access. 3. Parking areas and garage doors shall not be located within 20 feet of the STREET unless hidden by a GARDEN WALL. HOME OCCUPATIONS: Home occupations are permitted by right to Zoning Regulations Section 14-6M-l(B)(6) with the following exceptions: 1. A maximum of one ( 1 ) nonresident employee within the primary structure; and 2. A maximum of one (1) nonresident employee within one (1) accessory structure for lots that have accessory units. GOVERNING CONSTRUCTION WITHIN THE PENINSULA NEIGHBORHOOD PRELIMINARY ] 2/14/00 44 GREGG GEERDES Attorney at Law 609 Iowa State Bank Building 102 South Clinton Street Iowa City, Iowa 52240 Telephone 319/341-3304 Facsimile 319/341-3306 December 7, 2000 City of Iowa City . I ._:- c/o City Clerk . ~:. .-.~.~ Civic Center-410 East Washington Iowa City, Iowa 52240 -'-_'~; ~ 92 Re: Protest of Peninsula Neighborhood Proposal by Elks Club Dear Clerk: I represent the Iowa City Elks Club in connection with the proposed preliminary plat and revised sensitive areas development plan as described in the letter of Brenda Rotherham dated November 30, 2000. Please be advised that the Elks Club protests in its entirety this proposed action. Our concerns include (1) the impact that the proposal will have on traffic and the effect that this traffic will have on the operation of our club and facilities; and (2) the adverse impact that the proposed changes will have to the neighborhood as a whole and to our club and its facilities. Please consider this letter as being a formal protest of the proposed action and a request to trigger super majority voting requirements regarding the same. Please also contact me if there is any further information that you request or if you or staff have any questions or concerns. cc: Tom Mueller State of Iowa County of Johnson Subscribed and sworn to before me on this Z~day of December, 2000 by Gregg Geerdes, to me personally known, Notary~[~hblic//-~-;,,e~o/ Pc-b Presented to P&Z Commission by the Elks Elks Lodge Concerns and Remedies re: Rezoning 1. Overall densil.v is too high and too dense near golf course. and there will be excessive traffic on Foster Road. Problem compounded with Foster Road being only ingress/egress route. Add additional ingress/egress Separate golf course from development and Foster Road by fences, berms, landscaping, etc. Avoid intermixing development's sidewalks, bike trails, etc. with golf course cart paths, etc. 2. Foster Road comes in to play from Number Two tee. Need shrubs/fence/land contouring to minimize exposing traffic to golf Add retaining wall, shrubs, fence etc. because of problems caused by change in road grade 3. Concern with apartments that are to be built on Lots 3, 4 and 5 Portion of lots nearest course should not be built on Single family estate houses are more compatible with golf course No parking, sidewalks, alleys, etc. near the course Fencing, trees, etc. to minimize consequences of golf and keep residents off course Mandate rear set back requirements, etc. Mandate design requirements re: aesthetics from golf course 4. Concern with houses to be built adjacent to hole number three South Willenbrock Circle to be relocated to north side of lots 10-19 Require estate houses, as they are more compatible with golf course Easement for stray golf balls, etc. No alleys or sidewalks in rear of lots. 5. Concern with golf balls entering development Easement for stray golf balls Restrictive covenants/full disclosure of risk to residents Installation of fencing/trees/land contouring, etc. to minimize intrusion. 6. Concern with residents entering golf course Fences to be installed Signage to warn and reduce trespassers Restrictive Covenants/full disclosure to residents that golf course is private and that paths, pond, etc. are for members only 7. Lot C should be a permanently non~buildable lot Peninsula Presentation to Council on January 9 Copies provided to City Clerk February 1,2001 Prepared by: John Yapp, Planning, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 14, CHAPTER 6 ENTITLED "ZONING", ARTICLE N ENTITLED "OFF-STREET PARKING AND LOADING," TO REQUIRE ONLY ONE OFF-STREET PARKING SPACE FOR SMALL ONE BEDROOM DWELLINGS. WHEREAS, the Comprehensive Plan encourages a mix of housing types including single- family, duplexes, townhouses, and small apartment buildings, and small lot single-family dwellings; and WHEREAS, according to the 1990 Census approximately 51% of Iowa City households had no oar or only one car; and WHEREAS, for small one bedroom dwellings, it is reasonable to require only one off-street parking space; and WHEREAS, requiring only one off-street parking space for small one-bedroom dwellings will allow for more compact lot designs to be established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Chapter 6 entitled "Zoning," Article N entitled "Off-Street Parking," be amended as follows: 14-6.N-1J(1i): Single-family dwellings, duplexes, and townhouses where permitted: One ('1) off-street parking space for units with one bedroom and 1,000 square feet or less of floor area, two (2) parking spaces for each dwelling unit over 1,000 square feet of floor area or with two or more bedrooms. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR A'FTEST: CITY CLERK A /,'~ City of Iowa City MEMORANDUM Date: December 14, 2000 (for December 21 meeting) To: Planning and Zoning Commission From: John Yapp, Associate Planner '~Jj,.2/'r-.r--'' Re: Off-street parking requirements for one-bedroom dwellings The Peninsula neighborhood development plan has been a vehicle for rethinking many of the City's subdivision and zoning design standards. The proposed neighborhood includes a variety of housing types, including apartments, townhouses, small and large single- family homes, and small one-bedroom cottages. The Planned Development Housing (PDH) overlay zone is used to permit flexibility in the design of structures and land in order to promote efficient land use. The one-bedroom cottages included in the neighborhood are proposed to have one off-street parking space, however, the PDH overlay zone does not allow for the reduction of off-street parking spaces. The City Code requires two off- street parking spaces for single-family, duplex, and townhouse dwellings regardless of the size of the dwelling. Requiring two off-street parking spaces for a small one-bedroom dwelling can unnecessarily increase the size of the lot to provide space for the parking spaces. Staff is considering to propose amending the Planned Development Housing overlay zone to allow for off-street parking requirements to be reduced in a planned development. In neighborhoods designed with alleys, rear garages, and few curb cuts to the street, it may be beneficial to reduce the off-street parking requirement for individual lots. This will help to reduce the paving on individual lots, while allowing more vehicles to park on the street. In traditional neighborhoods, it can be desirable for vehicles to be parked on the street to reduce the speed of traffic and to serve as a buffer between the travel land of the street and the sidewalk. Neighborhoods with alleys or rear lanes also have few curb cuts to the street, allowing for more area to be used for on-street parking. Before staff proposes amending the Planned Development Housing overlay zone, we feel further research is needed to determine what criteria should be used [o reduce off-street parking requirements, and by what percentage off-street parking requirements might be reduced for various types of residential and residential / commercial uses. The possibility of allowing for off-street parking requirements to be reduced in a planned development will be researched further along with our efforts to update the City's zoning and subdivision codes. Small one-bedroom dwelling parking requirements At this time, staff feels there is merit to reducing the number of off-street parking spaces for small, one-bedroom dwellings from two off-street parking spaces to one off-street parking space, for units of 1,000 square feet of floor area or less. This requirement would be consistent with one-bedroom apartments, fo, r which the requirement is one off-street parking space. For one-bedroom dwellings, the assumption is the typical household (a single person or a couple) will only have one car. This is not an unreasonable assumption - according to the 1990 Census, 51% of Iowa City households had no car or only one car. For households with two cars living in a one-bedroom unit with one off-street parking space, the second car will be parked on the street. This is similar to the situation in many of Iowa City's older neighborhoods where there is only one off-street parking space available, but the household parks the second car on the street. This only becomes a significant problem when homes are over-occupied or when fraternity and rooming houses are permitted to continue without off-street parking due to being grandfathered in as legal, non-conforming uses. Under the City Code, if a one-bedroom unit were converted to have two or more bedrooms, or were enlarged to more than 1,000 square feet, two off-street parking spaces would be required. The Comprehensive Plan encourages a mix of housing types in neighborhoods, including homes on small lots, townhouses, duplexes, and small apartment buildings. The proposed amendment to require only one off-street parking space for small one-bedroom dwellings helps to allow for small dwellings on small lots to occur. Although this amendment is being precipitated due to the Peninsula neighborhood plan, it will apply city- wide. STAFF RECOMMENDATION Staff recommends City Code Section 14-6N-1, the Off-Street Parking Requirements, be amended as follows: 14-6N-1J(1i): Single-family dwellings, duplexes, and townhouses where permitted: One (1) off-street parking space for units with one bedroom and 1,000 square feet or less of floor area, two (2) parking spaces for each dwelling unit over 1,000 square feet of floor area or with two or more bedrooms. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 9th day of January, 2001, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: Ordinance amending Title 6, Chapter 1 (Nuisances) of the Code of Ordinances of the City of Iowa City by adding standards and procedures to control the number of vehicles parked, stored, placed or kept outside on private property. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK hlsadm/nulsances-nph doc Marian Karr From: Johnny Good [dwil2001 @yahoo.com] Sent: Tuesday, January 09, 2001 9:30 AM To: council@iowa-city.org Subject: Excess vehicles parked on private property I support the new ordinance designed to limit the number of vehicles parked on private property. I drive by the residence on First Ave. in Iowa City almost daily and think this property looks like a junk yard with all the vehicles parked on the property. This only lowers the surrounding property values and is a danger and nuisance for kids that walk by this property daily. I cannot understand why someone would keep this many vehicles on their property, and want to become such a bad neighbor. I like to think of myself as a good neighbor and certainly would never do anything so offensive to upset my neighbors, so the logic of this person makes no sense to me. Please pass and enforce this ordinance to get these vehicl~s removed from that property. Sincerely, Dale Wilhelm 39 Rita Lyn Ct. Iowa City, IA 52245 De You Yahoo!? Yahoo! Photos - 8hare your holiday photos online! http://photos.yahoo.com/ Prepared by: Doug Boothroy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER 1 (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED, OR KEPT OUTSIDE ON PRIVATE PROPERTY. WHEREAS, the regulation of the number and location of parked, stored, placed or kept vehicles in any single-family or duplex residential area is necessary in order to preserve the appearance of neighborhoods as predominantly residential in character; and WHEREAS, the outdoor parking, storing, placing, and keeping of vehicles is not intended to be a primary activity in residential areas and regulating these activities will constitute no more than a minimal intrusion on any residential area; and WHEREAS, it is in the public interest to provide monitoring, regulation, and inspection of residential properties to prevent the excessive parking, storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating safety concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-1, "Definitions," is hereby amended to add the new definition of "Vehicle": Vehicle: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, accepting excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, whether or not licensed for the current year. Section 6-1-2.Q, "Vehicles illegally parked on private property" is hereby amended by repealing Subsection Q and substituting in its place the following new Subsection Q: Vehicles illegally parked, stored, placed, or kept on private property: 1. The parking, storing, placing or keeping of vehicles upon private property without the consent of the property owner or responsible party shall not be permitted. 2. No more than six operable vehicles may be parked, stored, placed, or kept outdoors at any one time on any single-family or duplex residential lot. The total may exceed six vehicles ~ if the number of licensed drivers who reside at the residence or whose driver's license is addressed the same as the residence exceeds four, in which case there shall be one additional vehicle allowed for each driver in excess of four. This section shall not apply to temporary guest parking where said guest(s) are lodging at the subject residence. 3.On any residential lot where the owner is the permanent resident and a member of a duly recognized organization of vehicle collectors and restorers, the owner and permanent resident may exccod the limitation on outdoor storage of vehicles if the vehicles in excess a. Not located on the lot in the area between the building and the street or bctween the building and the side lot line; and b. Located in the rear yard and fully enclosed by a six foot high opaque fence or in a fully Ordinance No. Page 2 enclosed building which building cannot exoeod the total floor area of the residential use of the property; and c. Stored, parked, plaoed, or kept on a surface of concrete or aspbaltic pavement or similar permanent dust free surface; and d.Approved by the CityBuilding Official. Approval of an exception to the maximum number of vehicles may be allowed as outlined above if the following findings are m~ds: 1 .it is compatible with the land uses in the general area; and 2.It would not be detrimental to the public health, safety, or welfare or be injurious to othor proporty or improvomonts in the vicinity and in the zoning district of which the property is located. 4.Tho City may revoke the approval of excess vehicles if the approval was obtained by misrepresentation or fraud, or if subsequently found to bo dotrimontal to tho public hoalth, safety or welfare and injurious to other propertios or improvement in tho vicinity. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office His\ord\nuisances.doc by: Doug Boothroy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 5~240; 319-356-5121 / / ORDINANCE NO. / AN AMENDING TITLE 6, CHAPTER I (NUISANCES) OF THE RDINANCES OF THE CITY OF IOWA CI BY ADDING PROPERTY, ,, WHEREAS, the regulation number and location oK parked, stored, placed or kept vehicles in any single-family or residential area is in order to preserve the appearance of neighborhoods as dnantly residential ; and WHEREAS, the outdoor parking, placing, and of vehicles is not intended to be a primary activity in residential a ulating will constitute no more than a minimal intrusion on any residential area; WHEREAS, it is in the public interest to regulation, and inspection of residential properties to prevent the excessive storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating concerns. NOW, THEREFORE, BE IT ORDAINED ;ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1 is hereby amended to add the new definition of "Vehicle": Vehicle: Any device in, upon or by a person or is or may be transported or drawn upon a highway or street, exce devices moved by man power or used exclusively upon stationary rails or tracks, include, but not be limite~to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, wagon or any combina~il~n thereof, whether or not licensed for the current year. Section 6-1-2.Q, "Vehicles parked on private r ert ,,'x. pop y ~x~s hereby amended by repealing Subsection Q in its place the following new 8ub~,~ection Q: Vehicles illegally parked, >roperty: 1. The parking, or keeping of vehicles upon private ~3,roperty without the consent of the owner or responsible party shall not be permitte~l~ 2. No more than operable vehicles may be parked, stored, placed, or'/~,ept outdoors at any one time any single-family or duplex residential lot. The total rne,.y exceed six vehicles by number of licensed drivers who reside at the residence or Whose driver's license is the same as the residence. This section shall not apply tO temporary guest where said guest(s) are lodging at the subject residence. 3. On ar lot where the owner is the permanent resident and a membe~:'?f a duly organization of vehicle collectors and restorers, the owner and pen'~anent may exceed the limitation on outdoor storage of vehicles if the vehicles in excess six are: a. Not located on the lot in the area between the building and the street or between! the building and the side lot line; and b. Located in the rear yard and fully enclosed by a six foot high opaque fence or in a fully enclosed building which building cann~ exceed the total floor area of the residential use of the property; and Ordinance No. Page 2 c. Stored, parked, placed, or kept on a surface of concrete or asphaltic pavement or similar permanent dust-free surface; and d. Approved by the Building Official. Approval of an exception to the maxir~m number of vehicles may be allowed as outlined above if the following findings ar,e/fnade: 1. ~ is compatible with the land uses in the general area; and . 2. be detrimental to the public health, safety, or welfa'Fe or be injurious to property or improvements in the vicinity and in the zoning district of which the 'is located 4. The the approval of excess vehicles if the approval was obtained by misre or fraud, or if subsequently found to be detri~'ental to the public health, safety ~njurious to other properties or improvem.ent in the vicinity. SECTION II. All ordinances and parts of ordinaries in conflict with the provi- sions of this Ordinance are SECTION III. SEVERABIL If any section, provision ,of:' part of the Ordinance shall be adjudged to be invalid or such adjudicatio.n.'shall not affect the validity of the Ordinance as a whole or any ' ' or part theFeof not adjudged invalid or unconsti- tutional. ,' SECTION IV. EFFECTIVE DATE. his Ordinance/~hall be in effect after its final passage, approval and publication, as provided , Passed and approved this ,, MAYOR ATTEST: // CITY CLERK /' / / City Attorney's Office / \\~\ PrE Boothmy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA ORDINANCE NO. AN ;E AMENDING TITLE 6, CHAPTER I (NUISAN( OF THE CODE OF INANCES OF THE CITY OF IOWA ADDING STANDARDS PROCEDURES TO CONTROL THE OF VEHICLES STORED, PLACED, OR KEPT ON PRIVATE PROPERTY. WHEREAS, the regulation le number and location of stored, placed or kept vehicles in any single-family or residential area is in order to preserve the appearance of neighborhoods as inantly residential in c and WHEREAS, the outdoor parking, g, placing, and of vehicles is not intended to be a primary activity in residential areas more than a minimal intrusion on any residential WHEREAS, it is in the public interest regulation, and inspection of residential properties to prevent the excessive storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating s , concerns. NOW, THEREFORE, BE IT ORDAiNED BY CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-1 s," is hereby amended to add the new definition of "Vehicle": Vehicle: Any device in, upon or by wh a is or may be transported or drawn upon a highway or street, acceptir human power or used exclusively upon stationary rails or tracks, and shall but not be to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, wagon or any ~ation thereof, whether or not licensed for the current year. Section 6-1-2.Q, "Vehicles on private is hereby amended by repealing place the following ubsection Q: Vehicles illegally or kept on private 1. The parking, storing, or keeping of vehicles upon ~iiv te property without the consent of the prope owner or responsible party shall not be per itted. 2. No more than six t 'able vehicles may be parked, stored, place or kept outdoors at any one time on n~ single-family or duplex residential lot. The t al may exceed six vehicles by the mb r of licensed drivers who reside at the residenc or whose driver's license is addr sed th? same as the residence. This s~ction sh. all not ply to temporary 3. ,; %eam berofad.ly recogni2>rganization of vehicle collectors and restorers, the owner a permanent resident ' exceed the limitation on outdoor storage of vehicle ' ' in excess of a. Nc the lot in the area between the building and the street or beGNeen the ~g and the side lot line; and b. Located in the rear yard and fully enclosed by a six foot high opaque fence or in'a fully enclosed building which building cannot exceed the total floor area of the residential use of the property; and Ordinance No. Page 2 C. Stored, parked, placed, or kept on a surface of concrete or asphaltic pavement or similar permanent dust-free surface; and d. Approved by the City. Approval of an exception to the maximum number of vehicles may be allowed as outlined above if the following findings are made: 1. It is compatible with the land uses in the general area; and 2. It would not be detrimental to the public health, safety, or welfare or be injurious to other property or improvements in the vicinity and in the zoning district of whic he safety or Welfare and injurious to other properties or improvement in the vicinit ' SECTION II. REPEALER. All ordinances and parts of ordinances in the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the shall be adjudged to be invalid or Unconstitutional, such adjudication shall not validity of the Ordinance as a whole or any section, provision or part thereof not ad invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITYCLERK Prepared by: g Boothroy, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 52240; ORDINANCE NO. AN E AMENDING TITLE 6, CHAPTER 1 (NUISANCES) OF CODE OF :)INANCES OF THE CITY OF IOWA CITY BY STANDARDS D PROCEDURES TO CONTROL THE OF VEHICLES STORED, PLACED, OR KEPT OUTSIDE RIVATE PROPERTY. WHEREAS, the reg the number and location of parked placed or kept vehicles in any single-family residential area is necessar order to preserve the appearance of neighborhoods as WHEREAS, the outdoor parkin placing, and keepin! vehicles is not intended to be a primary activity and these activities will no more than a minimal intrusion on any residential area; and WHEREAS, it is in the public to provide moni regulation, and inspection of residential properties to prevent the ive parking, placing or keeping of vehicles outdoors from becoming nuisances, and concerns. NOW, THEREFORE, BE IT ORDAINED OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-1, "[ itions," is hereby amended to add the new definition of "Vehicle": Vehicle: Any device in, upon or by or property is or may be transported or drawn upon a highway or street, by human power or used exclusively upon stationary rails or tracks, and shall but limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, bu wagon or thereof, whether or not licensed for the current year. Section 6-1~2.Q, "Vehicles parked on private is hereby amended by repealing Subsection Q and in its place the Q: Vehicles illegally parked, Ilaced, or kept on private I .=rty: 1. The parking, storin! or keeping of vehicles private property without the consent of the propE owner or responsible party shall not b permitted. 2. No more than six ~ble vehicles may be parked, stored, aced, or kept outdoors at any one time o a~ single-family or duplex residential lot. e total may exceed six vehicles by th hum r of licensed drivers who reside at the res~ ence or whose driver's license is a ressed e same as the residence. This section shaft ot apply to temporary recog~ .=d organization of vehicle collectors and restorers, the own r and permanent ' y exceed th limitation on outd or storage o veh' ' *cles in excess of si a. ,Jot located on the lot in the area between the building and the street o~-between the and the side lot line; and Located in the rear yard and fully enclosed by a six foot high opaque fence or in a fully enclosed building which building cannot exceed the total floor area of the residential use of the property; and c. Stored, parked, placed, or kept on a surface of concrete or aspbaltic pavement or Ordinance No. Page 2 sim~ r permanent dust-free surface; and d. Appr e~by torn,,~ea~e City. Approval of an exception to the maximum number of vehicles ~.a ..... made: 2. It woL. d not be detrimental to the public health, safety, or welfare or be injurious to other p~erty or improvements in the vicinity and in the zoning district of which the property is located. cc~:~v 4. The City may rev0l~e the approval of excess vehicles if the approval was obtai ~ by misrepresentation or raud, or if subsequently found to be detrimental to the publi health, sions of this Ordinance are here~ repealed. adjudged to be invalid or unconstitutional, such adjudi~tion it tutional. SECTION IV. EFFECTIVE DAT This Ordinance shall be in n passage, approval and publication, as provided law. / Passed and approved this / / MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office His\ord\nuisancesdoc NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR FIRST AVENUE EXTENSION PROJECT TO: Nadine T. Larson, Charles JefFrey Larson, Lori Faith Larson, Carroll B. Larson, John W. Larson, 2201 Dubuque Road, Iowa City, IA 52240; Garry R. Hamdoff, Susann K. Hamdoff, 2545 Bluffwood Drive, Iowa City, IA 52245; George Wells, 11 I6 E. Davenport Street, Iowa City, IA 52245; and other Iowa City Residents Chapter 6B of the Iowa Code requires a govemmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners and tenants that the City Council of the City of Iowa City will consider acquiring or condemning, if necessary, property rights required for the project. Said project includes grading, paving, sidewalks, storm sewer, water main and related construction work. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Comments will be considered in preparing the final design, particularly as private property may be affected. In making the decision to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 9th day of January, 2001 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to commence the acquisition or condemnation, if necessary, of property rights for the above-described project, City Council will be required to authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the First Avenue Extension Project please contact the following person: Charles Schmadeke, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240, (319) 356-5141 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: a. Receivejust compensation forthe taking ofproperty. (Iowa Const., Article I, Section l8) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the a~vard on appeal in court is more than the compensation commissioner's award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. s:MMarian K. Karr, City Clerk Bob Elliott 1108 Dover Street, iowa Ctty, iowa December 20, 2000 . ~ ~ e Emest W. Le~ ~ ' ~ ~ DEC Mayor, City of Iowa City ' ~1~ ~N~ER~$ civic center 410 E~t Washington Street Iowa CiW, iowa 52240 Hello Mayor Lehman: Fm ~iting as a representative of local residents who foxed Citizens for the Fut~e of Iowa CiW. As I indicated in rem~ks before the co~cil on November 21, o~ post-election intention is to work cooperatively to promote safeW on First Avenue ~d the preseNation of Hicko~ Hill P~k's ~ique beauW ~d ~quillity. We want to especially emphasize the need to e~ce pedest~ ~d vehicle safeW. For First Avenue, we encourage the co~cil to (1) do what is necess~ to complete ~e sidewalk ~om Fr~ Bates Field to Rochester Avenue ~d (2) offici~ly establish a track emb~go with appropriate si~s ~d police enforcement. In addition, we enco~age the ciW to proceed with the scheduled project for traffic lights and tming l~es at the Coufl Street intersection. I encourage com~cil members an~or ciW stuff to info~ me if ~y members of our group c~ be of assist~ce when ~e ciW proceeds with these activities. Thin said, I ~ow I spe~ for thousands of Iowa City residents who look fo~d to seeing prelimin~y activities needed for the completion of First Avenue initiated as soon as possible. O~ collective ~ks to you ~d fellow co~cil members for ~e dedicated time ~d effo~ devoted to o~ community' s best interests. ~d our best wishes for a happy holiday season. Sincerely, Chai~erson, Citizens for the Fut~e of Iowa City NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 9th of January, 2001, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Approve a Purchase Agreement for Condominium Unit '~-G in Tower Place and Parking a/k/a Iowa Avenue Multi-Use Parking Facility. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARlAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR SENIOR CENTER PEDESTRIAN BRIDGE PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Senior Center Pedestrian Bridge Project in said City at 7:00 p.m. on the 9th day of January, 2001, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK pweng\nph~srctrpedbridge.doc SENIOR CENTER PEDESTRIAN BRIDGE: Following three (3) pages were distributed at the January 8th Work Session. IOWA AVENUE PARKING FACILITY! --T--s THIRD LEVEL - COMMERCIAL SPACE 2-B ~ ~" ~ [:'~.:l-~'.'-~,~__ , f, ,~ ~, ,a,F ' , ~ __ RAIvI WATER T.~BLE PMOJECTION BISLOW--~ ......... ~ r ;" 1' '1 i' '1' ~1,, '-~ ,, ,,, , , _ S N,o ' MEZZANINE LEVEL AU~ST IO, 2OOO..~, \ PP-,OJFCT qq.6"/  NEUMANN I S I DGE SE-'NIO;"-i~~,' i=H HI=DE TR AN 111 E. College St. Plozc~