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HomeMy WebLinkAbout2005-10-18 Public hearing 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 18th day of October, 2005, in Emma J. Harvat Hall, 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: 1. An ordinance rezoning property from Central Business Service (CB-2) zone to Central Business Support (CB-5) zone, Mixed Use (MU) zone and High Density Multi-Family. Residential (RM-44) zone, zone for the areas currently zoned CB-2 located south of Jefferson Street and east of Gilbert Street. (REZ05-00014) 2. An ordinance rezoningproperty from Central Business Service (CB-2) zone to Central Business Support (CB-5) zone, Neighborhood Commercial (CN-1) zone,' Mixed Use (MU) zone, and Public (P) zone for the areas currently zoned CB-2 located south of Davenport Street and north of Jefferson Street. (REZ05-00015) 3. An ordinance rezoning property from Central Business Service (CB-2) zone to Central Business Support (CB-5) zone and Planned High Density Multi-Family Residential (PRM) zone for the areas currently zoned CB-2 located south of Burlington Street and west of Linn Street. (REZ05-00016) 4. An ordinance rezoning property from Residential Factory Built Housing (RFBH) to Planned Development Housing Overlay (OPDH-12) for all properties currently zoned RFBH, including Saddlebrook, Bon- Aire, Hilltop, Baculis, Forrest View, Thatcher Mobile Home Parks and property located at 1705 Prairie Du Chien Road. (REZ05- 00017) 5. An ordinance rezoning property from Medium Density Single-Family (RS-8) to Planned Development Housing Overlay- Medium Density Single-Family (OPDH-8) for lots located on Longfellow Place within the Longfellow Manor Subdivision. (REZ05- 00010) 6. An ordinance rezoning property from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located on Dodge Street Court within the Jacob Ricord's Subdivision. (REZ05-0001_.~\ /// j' 7. An ordinance a rezoning property from\ ( Medium Density Single-Family (RS-8)to~ located on Catskill Court within the East Hill Subdivision. (REZ05-000~12) 8~ An o~dlnance rezon,ng prop~ from Medium Density Single-Family (RS-8) to High Density Single-Family (RS-12) for lots located south and east of Whispering Meadows Drive within the Whispering Meadows Subdivision. (REZ05-00013) 9. An ordinance approving the vacation of portions of Madison Street, south of Prentiss Street, and Des Moines Street. (VAC05-00007) Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK 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 REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-S) ZONE, NEIGHBORHOOD COMMERCIAL (CN-I) ZONE, MIXED USE (MU) ZONE AND PUBLIC (P) ZONE, FOR AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF DAVENPORT STREET AND NORTH OF JEFFERSON STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, the current CB-2 area located along Linn Street north of Market Street, along Market Street east of Linn Street and along Gilbert Street north of Jefferson Street, and along Bloomington Street is located adjacent to lower density residential areas and lower intensity commercial office zoning and currently contains of mix of lower-scale, mainstreet-type commercial development, including small retail shops, offices, restaurants, and a neighborhood grocery store that provide goods and services to the surrounding residential areas. The mix of uses and the scale of buildings in this area are consistent with the purposes of the Neighborhood Commercial Zone; WHEREAS, certain CB-2 properties located along Market Street west of Gilbert Street and at the corner of Dubuque Street and Market Street are larger in scale and are located adjacent to high density multi-family zones and existing areas zoned Central Business Support (CB-5) and are compatible with intended purposes of the CB-5 Zone; WHEREAS, the property at 405/411 Market Street is adjacent to an existing Mixed Use (MU) Zone and contains nonconforming multi-family buildings that contain no commercial elements on a the ground floor, so would be more compatible with uses in a Mixed Use (MU) Zone; WHEREAS, the publicly-owned parcel located on the north side of Market Street is currently being utilized as a public parking lot and should therefore be zoned Public (P) to give notice to the public that it is owned by the City and being used for public purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Ordinance No. Page 2 Original town of Iowa City, lots 5, 6, 7, and the western 10 feet of the northern 75 feet of lot 8 of Block 68; and lots 2, 3, 4, of Block 59 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, lots 5, 6, 7, and 8 of Block 57; the southern 75 feet and the eastern 70 feet of the northern 75 feet of lot 8 of Block 68; lots 1, 2, 3, 4, 5, the western 41.7 feet of lot 6, and the eastern 40.3 feet of lot 8 of Block 58; lot 1 of Block 59; lot 4 of Block 46; the southern 25 feet of lot 5 of Block 47 are reclassified to Neighborhood Commercial (CN-1) Zone; Original town of Iowa City, lot 3 and the western 40 feet of lot 2, Block 46 are reclassified to Mixed Use (MU) Zone; Original town of Iowa City, the eastern 38.3 feet of lot 6, lot 7, and the western 39.7 feet of lot 8 of Block 58 are reclassified to Public (P). SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 ,2005. MAYOR ATTEST: CITY CLERK Approved by CITY ATTORNEY'S OFFICE SITE LOCATION: North CB2 areas, Proposed Zoning City of Iowa City MEMORANDUM Date: October 12, 2005 To: City Council From: Karen Howard -Associate Planner RE: REZ05-00015; North CB-2 areas Attached is the revised location map for the North CB~2 areas as recommended by the Planning and Zoning Commission. The revised map indicates that the properties along Bloomington Street are proposed to be reclassified from CB-2 to Neighborhood Commercial (CN-1). The original staff report recommended Mixed Use (MU) zoning for these properties. However, after deliberations and input during the public meetings, the Commission changed the proposed designation to CN-I. Staff agrees with the Commission that CN-1 Zoning is also an appropriate designation for these properties. CN-1 zoning will acknowledge and keep conforming the existing businesses in the area and will allow development and redevelopment in the future at a scale that is consistent with existing commercial development in the North Marketplace and at a scale that is compatible with the adjacent residential neighborhood to the north. City of Iowa City MEMORANDUM Date: July 28, 2005 To: Planning and Zoning Commission From: Karen Howard -Associate Planner RE: CB-2 Rezoning Applications A number of questions came up at your last meeting regarding the proposed rezoning of the CB-2 properties. The Commission requested a comparison of the current development potential in the CB-2 Zone to the potential in the Mixed Use or Neighborhood Commercial Zone. A table listing the allowed uses in all of these zones was distributed at your last meeting. Differences to note include: · The CN-1, CB-5, and CB-2 Zones allow Quick Vehicle Servicing Uses, such as gas stations. The MU Zone does not. · The CN-1, CB-5, and CB-2 Zones allow indoor Commercial Recreational Uses, such as theaters, video arcades, physical fitness centers, etc. The MU Zone does not. · The MU Zone allows residential uses on the ground level floor of buildings. It allows single family, townhouses, duplexes, and multi-family buildings. It also allows mixed use buildings - commercial and residential. The CB-5, CB-2, and CN-1 Zones allow residential uses only on the upper level floors of a building. · The mix of commercial uses allowed is quite similar between the CB-2, CB-5, CN-1, and MU Zones. However, the buildings and the uses in the CN-1 and MU zoned are scaled to be compatible with adjacent residential neighborhoods. o Restaurants in the MU and CN-1 Zones are limited to an occupancy load of 125. The occupancy load for an establishment is determined by a number of factors: the number of available exits; available bathroom facilities; and size and configuration of the seating area. All of the restaurants currently located within the CB-2 Zone areas are under this limit. For example, the occupancy load for Pagliai's is 113 and the Hamburg Inn and Oasis have an occupancy load of 50. o With regard to retail, in the CN-1 Zone each use is limited to 5,000 square feet, except drugstores and hardware stores can be up to 15,000 square feet and grocery stores can be up to 40,000 square feet. In the MU Zone, retail is limited to 5,000 square feet. o Office uses in the CN-1 Zone are limited to 5,000 square feet, with only 2,400 square feet allowed on the ground floor. There is no limit on the size of offices in the MU Zone. o Drive-through facilities are not allowed in the MU Zone. In the CN-1 Zone, drive-through facilities are allowed for financial institutions and July 29, 2005 Page 2 pharmacies. Drive-through facilities are currently allowed in the CB-2 Zone. o The scale of commercial uses in the current CB-2 Zones is primarily constrained by the lack of land available for parking. There are no zoning limits on the size of commercial uses in this zone. · The proposed maximum residential density in the CN-1 and MU Zones is 1 dwelling unit per 1800 square feet. For comparison, this is the same as the density allowed in the RNC-20 and RM-20 Zones, the City's medium density multi-family zones. The maximum density in the Iow density multi-family zone, RM-12, is I per 2,725 square feet. The properties surrounding College Green Park are zoned RM-12. The area located directly north of the Market and Bloomington Street commercial area is zoned RNC-12. The maximum density in the RNC-12 Zone is 1 per 3,000 square feet. · All the proposed zones are intended to be pedestrian-oriented zones with buildings located close to and oriented toward the street and parking screened with landscaping or located behind buildings. As mentioned at your last meeting, the dimensional standards and the maximum residential densities listed in the zoning code for each zone can be misleading. These are minimum and maximum standards that set an outside limit on development. However, what can actually be achieved on any particular piece of property is primarily based on the size, shape, and topography of the site. There are other necessary elements of development, besides the building that will take up space on the lot: required parking, drives, and aisles; loading and garbage collection areas, space for street trees, parking lot landscaping, and residential coverage trees. Of these many factors, needed parking will likely take up the most space on a lot. In fact, parking areas needed to serve commercial and residential uses often take up more space on the lot than the buildings. This fact can be confirmed by merely glancing at an aerial photograph of the city. Off-street parking spaces are required at the same rates in the CB-2, CN-1, and MU Zones. The current parking requirement for retail and office uses is 1 space for every 200 square feet of floor area. In the proposed code, the requirement has been reduced to 1 space for every 300 square feet of floor area. Restaurants, because they generate a higher demand for parking, are required to provide 1 parking space for every 150 square feet of floor area. These are minimum requirements. Many developers choose to provide parking at a higher rate depending on the anticipated needs of the particular development. Parking for multi-family uses is based on the number of apartments and the number of bedrooms in each apartment. 1 space is required for each efficiency or one-bedroom apartment, 2 spaces are required for each 2 or 3-bedroom apartment, 3 spaces are required for each 4-bedroom apartment, and 4 parking spaces are required for each 5-bedroom apartment. The parking requirements in the CB-5 Zone are somewhat different. Off-street parking is July 29, 2005 Page 3 not required for commercial uses in the CB-5 Zone. Residential parking is required, but at a lower rate than in other zones in the City. There are several important questions for the Commission to consider: How do the zoning standards and requirements in each proposed zone influence the scale and shape of development? Given what we know about the possibilities for development in each of these zones, what is the best zoning for these areas of the city, given surrounding development and the vision set forth by the Comprehensive Plan? At your meeting on Monday, we would like to run through several different scenarios with you to illustrate the development potential in the various proposed zones. Since Mr. Pagliai's lot along Bloomington Street is the largest undeveloped parcel in the area, we will use it as a test case. Cost of construction is another factor that influences the scale and shape of development on a given property. In general, taller buildings are more costly to build than lower-scale buildings. Surface parking is the least expensive to build, but takes up more land. Structured parking and below grade parking is very costly to build, so you will only see structured and below grade parking on properties where the land values are high enough to justify the increased costs of construction. Since, we have not seen high-rise development and below grade parking in the current CB-2 areas, we can surmise that the land values have not reached a point to support such development or redevelopment. Since it is difficult to determine how far in the future such development will become financially feasible, we will present the most development possible for each zoning designation, without regard to cost. However, you may want to keep cost factors in mind as you compare the various scenarios. Please give me a call on Monday, if there is any other information that you would like us to bring to the meeting. Table 2C.1 - Pri'~(=lpal Uses Allowed in Commercial Zones UsECATE O""ES '1 SU "°ups ' ' I co. I CN- iCH-ii CI- I CC-2 I CB' I CB'10 I MU I Househo~ Living Uses De~ed Single Family ~elllngs P De~ed Zero Lot Line Dwellings PR A~ed Single Family Dwellings PR Duplexes PR Group Households PR PR PR PR PR PR Multi-~mlly Dwellings PR PR S PR P~S PR Group Living Uses Assisted Group Living PR S PR Independent Group Living Fraternal Group Livin~ Adult Business Uses Animal-related General S PR PR PR PR Commercial Uses Intensive PR Commercial Outdoor P P S Recreaaonal Uses Indoor P~S PR P P P P P Commercial Parking PR PR Uses Eaang and D~nking S PR/S p p P P S Es~blishmen~ Quick Vehicle Se~lcing S PR PR PR P~S Uses O~ Uses Gene~l O~ P PR ' P P P P P P Medl~Den~l O~ P PR P P P P P Re~il Uses Sales~ented PR PR PR p p P PR Pe~nal se~i~ented P PR p p P PR Repair~rien~d P P P P Hospi~li~-Orlented Re~il PR PR p p p P PR Outd~r Stooge and D~play- P PR oriented Su~ P~senger P P P P Se~i~ Uses ~ Vehicle Re~air Uses PR PR S Ifl~U~rlal U~ Indus~ial Sewl~ Uses P Manu~c~rlng and' Te~nl~Light Manu~c~ng PR Production Uses Gene~l Manu~c~ng pR Heavy Manu~c~ring S Salvage Operaaons ~ Self-Se~l~ Storage Uses Warehouse and F~ight P Movement Uses waste-Related Uses Wholesale Sales Uses P I~l~U~lO~al ~n~ ~lVl~ u~ Basl~ Utili~ Uses PR/S P~S P~S P~S PR/S P~S PR/S Communi~ Sewl~ Gene~l Communi~ Se~i~ P S S p p P S Uses Communl~ Sewl~ - Shelter, S . PR PR PR PR S Day.re Uses ...... . pR PR pR' p~ PR PR PR PR Detenaon Facilities S · . Edu~aonal Facilities General PR p P PR,., Specialized P PR p p p PR Hospi~ls PR Pa~s and Open Spa~ ,~ PR PR PR PR PR PR Uses Rellglous/P~vate Group PR p p P PR Assembl~ Uses Other Uses Communl~on Transmission Faclll~ Uses P = Pe~lffed PR = Provisional S = Spedal Ex~paon Zoning Comparison Analysis CB-2 Zone: Maximum Floor Area Ratio (FAR) is 2. (So, for every square foot of lot area, you could build 2 square feet of building area.) Maximum Height: 100 feet Maximum Residential Density: 1 dwelling unit per 875 sq.ft, of lot area Maximum Occupancy per dwelling unit: family or up to 5 unrelated persons Parking Requirements: · Retail: 1 parking space per 300 sq.ft, of floor area · Office: 1 parking space per 300 sq.ft, of floor area · Restaurant: 1 parking space per 150 sq.ft, of floor area · Multi-family residential: o 1 space for each efficiency or 1-bedroom o 2 spaces for each 2 or 3-bedroom apartment o 3 spaces for each 4-bedroom apartment o 4 spaces for each 5-bedroom apartment CN-1 Zone: Maximum FAR is 1 Maximum Height is 35 feet Maximum Residential Density (proposed): 1 dwelling unit per 1800 sq.ft, of lot area Maximum Occupancy per dwelling unit: family or up to 3 unrelated persons Parking Requirements: Same as above MU Zone: Maximum Lot Coverage: 50% Maximum Height is 35 feet Maximum Residential Density (proposed): 1 dwelling unit per 1800 sq. ft. of lot area Maximum Occupancy per dwelling unit: family or up to 3 unrelated persons Parking Requirements: Same as above. Case Study #1: 3~7 Bloomington Street Sample Lot Size: 150 x 175 = 26,250 sq. ft. Sample Building Size: 58 x150 = 8,700 square foot building. This building footprint was chosen for several reasons. A 58-foot depth would allow an aisle and two rows parking underneath the building. A 150-foot length would maximum the Bloomington Street frontage, lining the street with building area, while the parking can be accessed from the rear alley. This will create a pedestrian-oriented street frontage, similar to what currently exists in the North Marketplace area as described in the Comprehensive Plan. CB-2 Zone: FAR limits building to 52,500 square feet of floor area With 8,700 sq. ft. per floor = Maximum 6 floors Maximum Residential Density: 30 apartments However, the parking requirements limit what can be achieved as follows: Lot area remaining for parking, setbacks, and required trees: 17,550 square feet Maximum number of parking spaces that can be achieved: 42 surface; 26 underground = approximately 68 parking spaces. Some of the spaces will have to be handicapped spaces and a garbage collection area will be needed, reducing the achievable spaces by about 3 to 5. A more realistic number may be 65 spaces. 8,700 sq. ft. of retail or office: 29 parking spaces required 3000 sq. ft. of restaurant and 4,700 sq. ft. of retail: 35 parking spaces required This will leave approximately 33 parking spaces for the residential units. To maximum occupancy with the least amount of parking required: 15 or 16, 3-bedroom apartments: 30 - 32 parking spaces required for maximum 45-48 people (assuming 1 person per bedroom). Total parking spaces required: 59 - 65 parking spaces depending on mix of uses. So, even though the FAR allows up to a 6 story building, the amount of parking required would limit this sample building to 3 stories - 1 floor of commercial space and 2 floors of residential. CN-1 and MU Zone: FAR limits building area to 25,250 square feet, so a building with a building footprint of 8,700 square feet would be limited to 3 floors and about 32-34 feet in height. In the MU Zone there is no maximum FAR, but the lot coverage is 50%, which would allow a building with a footprint of 13,125 sq. ft. Residential density is 1 unit per 1800 sq. ft. for a maximum 14 apartments. Maximum occupancy limits each apartment to a family or up to 3 unrelated persons. 14, 3- bedroom apartments = maximum of 42 persons. Parking Required: 29 - 35 spaces for the commercial uses and 28 parking spaces for the residential uses = 57 - 63 parking spaces As shown in the example above there is space on the lot for approximately 65 parking spaces. Conclusion: In this example, CB-2 Zoning achieves 8,700 square feet of commercial space and 15 -16, 3-bedroom apartments. The CN-1 and MU Zoning achieves 8,700 square feet of commercial space and 14, 3-bedroom apartments. The difference between the various zoning designations is minimal. One or two additional apartments could be achieved in the CB-2 Zone. Case Study #2:3'/7 Bloomington Street It is possible to achieve a taller building in the CB-2 Zone, if the building footprint is minimized, thereby reducing the square footage of commercial space and reducing the amount of parking that must be devoted to commercial uses. This will leave more parking available for upper floor apartments. In the following example, a larger portion of the lot would be covered by surface parking. The building footprint is still large enough to fit 10-12 parking spaces under the building. The surface parking lot would contain approximately 56 parking spaces, for a total of 66-68 parking spaces. The building footprint is 58 x 75 feet = 4,350 square feet per floor. Commercial parking required: 14 spaces if retail or office uses; 29 spaces if used for restaurant space. This would leave 37 - 54 parking spaces for the residential apartments. So 18 to 27, 3- bedroom apartments could be built = 54 to 81 residents. Maximum Building Height: Maximum of 9 stories or approximately 94 feet tall. Conclusion: If land values ever reach a level that high rise construction becomes feasible and residential uses outbid commercial uses for floor area, the CB-2 Zoning would encourage tall buildings that minimize the building footprint. In such a case, minimizing the building footprint will minimize the commercial space that is required and will maximum the parking spaces available for residential uses. However, it is difficult to tell whether increasing the potential residential occupancy by 12 - 39 persons and reducing the leasable commercial floor area will justify the increased cost of high rise construction. If, however, the incentives are there to build this example, other lots in the area are likely to be redeveloped with tall buildings with large surface parking lots. This would result in a less pedestrian-friendly streetscape, with buildings significantly taller than buildings in the surrounding residential neighborhoods. The following illustrations show the difference in scale and parking area between high rise construction and a large three-story building that would be allowed in the CN-1 or MU Zone. Alley I.inn Street Linn Street Bloomington Street Bloomington Street City of Iowa City MEMORANDUM Date: August 11, 2005 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Materials I have attached the various materials for your review before the public hearing on Thursday: · Correspondence from Eric Bochner regarding requested amendments to allow cottage-type industries in commercial zones. · Correspondence from John Kammermeyer regarding proposed changes to the zoning code and the proposed rezoning of CB-2 areas. · Decision matrix listing final requests for amendments to the public review draft of the zoning code. · Draft language to consider if the Commission is interested in pursuing Mr. Bochner's requested amendment. There were several additional questions about parking that you asked us to address regarding the CB-2 rezonings. · Regarding questions about the capacity of the Chauncey Swan Parking Ramp, the ramp has 475 parking spaces and has issued permits for 400 of those spaces, leaving approximately 75 parking spaces available for short term commercial parking. If zoned CB-2 or MU, a special exception would be required to grant permission to use any available public parking spaces to meet off-street parking requirements in the zoning code. In the CB-5 Zone, commercial uses are not required to provide private, off-street parking, but the parking demand generated by the use will have to be satisfied by some means - parking on-street in the surrounding neighborhoods or parking in nearby public parking facilities. · The Commission requested information about how much parking would be required if the North Marketplace were a newly developed area rather than an area that is "grandfathered" with few off-street parking spaces. The following examples are based on the reduced parking requirements in the proposed zoning code, not the current requirements in the CB-2 Zone, which would be higher. A rule of thumb is that about 350 square feet of parking lot area is needed to provide one parking space. In the original town plat, blocks were divided into 8 - 12,000 square foot lots (150x80), many of which have since been subdivided into smaller lots. o A 5,000 square foot office, retail, or personal service establishment would be required to provide 16 parking spaces - approximately 5,600 square feet of lot area o A 2,400 square foot retail shop would be required to provide 8 parking spaces - approximately 2,800 square feet of lot area. o A 10,000 square foot grocery store would be required to provide 33 parking spaces - approximately 11,550 square feet of lot area. o A 3,000 square foot restaurant would be required to provide 20 parking spaces or approximately 7,000 square feet of lot area. o 12, 3-bedroom apartments would be required to provide 24 parking spaces - approximately 8,400 square feet of lot area. o 12, 5-bedroom apartments would be required to provide 48 parking spaces - approximately 16,800 square feet of lot area. August 12, 2005 Page 2 · Questions were raised about the feasibility and relative cost of construction of various kinds of parking. According to 2003 data compiled by the Victoria Transport Policy Institute, approximate construction costs are as follows: o Surface parking space - $1500 - $2000 per parking space o Above-ground structured parking space - $6,000 - $10,000 per parking space o Underground parking space - $20,000 - $22,000 per parking space. City of Iowa City MEMORANDUM July 15, 2005 To: Planning and Zoning Commission From: Karen Howard -Associate Planner Re: Residential Density in the MU and CN-1 Zones In discussions with CB-2 property owners interested in potential redevelopment of their properties in the future, some have expressed concern about the proposed reduction in the allowed residential density in the Mixed Use Zone and how a rezoning to MU will reduce the potential for future residential development considerably, in the areas currently zoned CB-2. While the lack of space for off-street parking on infill lots in the older pads of town is often a greater constraint on the potential for increasing the residential density of a property than is the density standard in the proposed code, the issue may deserve a second look. In the proposed Zoning Code the allowed density in the MU and the CN-1 Zones is reduced from 1 dwelling unit per 1800 square feet (similar to the RM-20 Zone) to 1 dwelling unit per 2,725 square feet (similar to the RM-12 Zone). The allowed residential density in the CB-2 Zone is 1 unit per 875 square feet. To illustrate the how these allowed densities affect maximum density on a typical property, consider the following example. On an infill property that is 12,000 square feet (the size of the lots in the original town plat of Iowa City) a maximum of 6 apartments would be allowed if the density was 1 / 1800 square feet, but only 4 apartments if the allowed density was 1 / 2,275 square feet. In the MU and CN-1 Zones, each of the apartments could have a maximum of 3 unrelated persons, so a maximum of 18 persons or 12 persons respectively could reside on this property. In comparison, the CB-2 Zone allows 1 dwelling per 875 square feet of lot area and up to 5 unrelated persons per unit. Using the same example, a 12,000 square foot lot would be allowed up to 13 apartments with up to 5 unrelated persons per unit (maximum 65 persons). When considering the implications of the proposed rezoning of their CB-2 property, some owners have made similar comparisons of potential residential densities between the various zoning designations. However, the subject properties have been zoned CB-2 for many years and have never redeveloped at these higher densities, even during periods of high demand for multi-family residential development. The likely reason that the current CB-2 properties have not realized the maximum residential density allowed is due to the fact that there is not enough room on the typical CB-2 lot to provide the required parking for so many people. Nevertheless, these discussions have led staff to believe that the reduction in allowed density in the MU and CN-1 Zones from 1 / 1800 s.f. to 1 / 2,725 s.f., as proposed in the Public Review Draft of the Code, may be unwarranted, given that the occupancy and the parking requirements tend to constrain the density of any given property to an appropriate level. Therefore, staff recommends that the Commission consider amending the draft zoning code changing the allowed density in the MU and the CN-1 Zones back to 1 dwelling unit per 1800 square feet. Staff believes that this density combined with a maximum occupancy of 3 unrelated persons per dwelling unit would encourage the development of smaller apartments (efficiencies to 3-bedrooms) at a density that is compatible with residential neighborhoods that are typically adjacent to these lower-scale commercial zones. Approved by: /~'~ -' Robert Miklo, Senior Planner, Department of Planning and Community Development STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard, Associate Planner Item: REZ05-00015: North CB-2 Areas Date: July 15, 2005 GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Karen Howard Phone: 356-5251 Requested Action: Rezoning of all CB-2-zoned property located north of Jefferson Street and South of Davenport Street from Central Business Service (CB-2) to Central Business Support Zone (CB-5), Neighborhood Commercial (CN- 1) and Residential Office (R/O) as illustrated on the attached location map. Purpose: Elimination of CB-2 from the Zoning Ordinance Location and Existin.q Land Use: All properties are currently zoned CB-2. See legal description for exact location. The addresses and businesses listed below are intended for information purposes only and are subject to change over time. STREET ADDRESS BUSINESS NAME USE TYPE Proposed Zoning 302 E. Bloomington St. A&A Pagliai's Pi77~ eating & drinking establishment R/O 310 E. Bloomington St. (residential) multi-family residential P-JO 316 E. Bloomington St. Bloomington Street Laundromat >ersonal service-oriented retail R/O 317 E. Bloomington St. Pagliai's & Hamburg parking accessory parking P,/O 318 E. Bloomington St. Iowa City Family Resource Center general office P,/O 319 E. Bloomington St. Psychiatric Associates medical office R/O 322 E. Bloomington St. (residential) single-family residential PJO 308 N. Linn St. (residential) multi-family residential P,/O 219 N. Gilbert St. Murphy-Brookfield Books sales-oriented retail PJO 225 N. Gilbert St. (residential) single-family residential PJO 229 N. Gilbert (residential) multi-family residential PJO 305 N. Gilbert St. Russ' Amoco Service vehicle repair PJO 311 N. Gilbert St. (residential) multi-family residential PJO 315 N. Gilbert St. (residential) multi-family residential PJO 405 E. Market St. (residential) multi-family residential R/O 411 E. Market St. (residential) multi-family residential PJO 204 N. Dubuque St. Handimart Food Stores quick vehicle servicing CB-5 212 E. Market St. M&M Dairy Queen eating & drinking establishment CB-5 214 E. Market St. Pi_7~,~ Pit eating & drinking establishment CB-5 216 E. Market St. (residential) multi-family residential CB-5 218 E. Market St. Sunshine Laundry Co. & residential )ersonal service-oriented retail/MF CB-5 220 E. Market St. Heritage Property Management general office CB-5 222 E. Market St. (residential) multi-family residential CB-5 301 E. Market St. Community News Advertiser general office CB-5 Iowa City Gazette general office CB-5 KCRG TV general office CB-5 321 E. Market St. attorneys general office CB-5 ph~/sicians medical office CB-5 St.North 300 Block Market IMarket Street metered lot City-owned commercial parking IP 202 N. Linn St. That's Rentertainment sales-oriented retail CN-1 203 N. Linn St. Northside Book Market sales-oriented retail CN-1 206 N. Linn St. Chill and Grill eating & drinking establishment/ CN-1 multi-family residential 207 N. Linn St. Roominations sales-oriented retail CN-1 208 N. Linn St. Taste of China Chinese Restaurant eating & drinking establishment/ CN-1 multi-family residential 209 N. Linn St. Guitar Foundation sales-oriented retail/multi-family CN-1 residential 210 N. Linn St. Hanrahan's eating & drinking establishment/ CN-1 multi-family residential 211 N. Linn St. Frame House & Gallery sales-oriented retail CN-1 214 N. Linn St. Hamburg Inn Inc. eating & drinking establishment/ CN-1 multi-family residential 215 N. Linn St. Corcoran Communications general office CN-1 312 E. Market St. George's Buffet eating & drinking establishment CN-1 323 E. Market St. Ruby's Pearl sales-oriented retail CN-1 325 E. Market St. Paul Revere's Pi77~ eating & drinking establishment CN-1 327 E. Market St. Motley Cow Caf6 eating & drinking establishment CN-1 330 E. Market St. Mautz Paint Co. sales-oriented retail CN-1 331 E. Market St. Artifacts sales-oriented retail CN-1 401 E. Market St. John's Grocery Inc. sales-oriented retail/multi-family CN-1 residential 402 E. Market St. Dave's Fox Head Tavern eating & drinking establishment CN-1 119 N. Gilbert St. (residential) multi-family residential CN-1 120 N. Gilbert St. (residential) multi-family residential CN-1 125 N. Gilbert St. '(residential) multi-family residential CN-1 127 N. Gilbert St. Artifacts sales-oriented retail CN-1 213 N. Gilbert St. ~,iverside Theatre Co. indoor commercial recreational use CN-1 217 N. Gilbert St. Friday's Barber Shop personal service-oriented retail CN-1 Surrounding Land Use and Zoning: North: Medium-density single-family residential, RNC-12 South: Mixed commercial, CB-5; University property, P; and mixed housing and office uses, PJO East: Mercy Hospital and its surroundings, CO-1 West: Medium density residential, RNC-12; high- density multi-family residential, PRM and RM- 44. Comprehensive Plan: The 1997 Iowa City Comprehensive Plan places this area in the Downtown District. The Comprehensive Plan Land Use Map denotes the area as appropriate for "Mixed Use". File Date: July 14, 2005 BACKGROUND INFORMATION: In the proposed Zoning Code, the CB-2 Zone has been deleted in order to reduce the number of zoning classifications within the code and thus simplify the ordinance. If this zone is eliminated areas that are currently zoned CB-2 will need to be rezoned to another appropriate zoning classification. There are three general areas of the City that are zoned CB-2: · An area north of downtown roughly bounded by Dubuque and Linn Streets on the west, the alley between Jefferson and Market Streets on the south, Gilbert Street on the east, and the alley between Davenport and Bloomington Streets on the north. The block bounded by Dubuque, Market, Linn and Jefferson Streets was recently rezoned from CB-2 to CB-5. (See the attached map labeled "North CB-2 areas.") · An area east of downtown roughly bounded by Van Buren Street on the west, the alley between Jefferson Street and Iowa Avenue on the north, a line running parallel to and approximately 80 feet to the west of Johnson St, and Burlington Street on the south, but also including property at the southwest corner of the intersection of Burlington Street and Van Buren Street. (See the attached map labeled "East CB-2 areas"). · Various disconnected, smaller parcels located generally south of Burlington Street and north of Prentiss Street (See attached map labeled "South CB-2 areas"). This rezoning application addresses the first of the three areas listed above, the north CB-2 areas, as illustrated on the attached location map. This area is bounded by single family residential neighborhoods to the north, higher density multi-family development to the west, and Mercy Hospital and its environs to the east. University properties border this area to the south, and partially separate this part of Iowa City from the downtown area. The location of this area near downtown and surrounding uses (Mercy Hospital, the University, and medium- and high-density residential housing) produce a high traffic volume for this area, both vehicular and pedestrian. Vehicle traffic is heaviest on Dubuque Street, which is fed by the one-way arterials of Market and Jefferson Streets. Bloomington, Linn, and Gilbert are designated as local streets in this area and are less heavily traveled. ANALYSIS: Comprehensive Plan: The Comprehensive Plan land use map shows this area as being appropriate for mixed-use development. This area is located on the northern edge of the Downtown Planning District and is referred to as the Northside Marketplace. The Plan refers to the need to investigate improvements to the public right-of-way, the future of City parking facilities and the continued vitality of commercial enterprises. The City recently invested in tree planting, street lighting and sidewalk paving to enhance the pedestrian amenities on Linn, Market and Gilbert Street. The Plan generally notes that high-density housing near downtown is based on the concept that residents will walk to work or the University, patronize downtown establishments, and add to the after-hours vitality of the area. The Northside Marketplace currently contains a successful mix of small retail establishments, restaurants, offices, and residential uses. The casual "mainstreet" character of the area attracts considerable pedestrian traffic from surrounding residential neighborhoods and large employment centers, including the University of Iowa and Mercy Hospital. Proposed Rezoning: There are a number of zoning designations that could replace the CB-2 designation. When considering the best fit for particular properties, staff looked at the surrounding zoning, the existing land uses in the area, and how a particular zoning might affect the surrounding neighborhood. Another important consideration is whether a new zoning designation would create nonconformities and how that might affect future development or redevelopment of property. 4 The attached map entitled North CB-2 areas, indicates staff's recommended zoning pattern for this area. The reasoning behind the proposed zoning is described below. Mixed Use (MU) Zone: Mixed Use (MU) is the proposed zoning for CB-2 properties that front on Bloomington Street. The Mixed Use (MU) Zone is the newly proposed name for the Residential/Office (R/O) Zone. In the proposed zoning code, the current R/O Zone has been revised to allow a greater mix of retail, restaurants, office, and residential uses. As such it is more aptly named Mixed Use, rather than Residential/Office. It is a lower-scale mixed-use zone that is intended to provide a transition between higher intensity commercial areas and lower intensity residential zones. The MU designation will acknowledge the existing mix of uses along Bloomington Street and will also allow a wide variety of options if a property owner wishes to change or redevelop their property in the future, but at a scale that is compatible with the Iow density, single family residential neighborhood that exists directly to the north. We understand through discussions with some property owners in the area that there may be a desire for this area to be up-zoned to CB-5, a central business zone that would allow considerably higher density development. (The floor to area ratio or FAR allowed in the CB-5 Zone is 3, but may be increased through bonus provisions up to 7. Buildings can be up to 75 feet in height). However, staff believes that given the proximity to a lower density residential neighborhood that a CB-5 designation would allow development or redevelopment that would be out of scale. The CB-5 Zone also does not require parking for new commercial development. Given the limited amount of land available for off-street parking in this area and the high demand for the existing on-street parking spaces, the Comprehensive Plan notes that the parking issues in this area must be dealt with carefully. Rezoning this area along Bloomington Street to CB-5 would likely increase demand pressure on the limited parking supply in the area. One existing use in this Bloomington Street area that would become nonconforming if the CB-2 Zone is eliminated is the auto repair shop on the corner of Bloomington and Gilbert Street. None of the suitable alternative zoning designations (MU, CB-5, or CN-1) allow auto repair shops. Gas stations (but not vehicle repair shops) are allowed in the CB-5 and the CN-1 Zones, but not in the MU Zone. However, both the auto repair shop and the gas station operation can continue for as long as the property owner wishes as a nonconforming use. The other parcel proposed for MU zoning is located at 405/411 Market Street just east of John's Grocery. This property contains two 12-unit multi-family buildings. These multi-family buildings are currently nonconforming in the CB-2 Zone, because residential uses are not allowed on the ground floor and the number of units exceeds the allowed density in the CB-2 Zone. With a change to MU, the residential use of the property would be allowed, but the existing density of apartment units would continue to be nonconforming. Consequently, this change in zoning will have little effect on the current use of the property. It will remain nonconforming due to density. Neighborhood Commercial (CN-1) Zone: The areas shown as Neighborhood Commercial (CN-1) on the attached map include the area along Market Street, Linn St, and Gilbert Street. This area forms the backbone of the Northside Marketplace as described in the Comprehensive Plan. It contains a vibrant mix of small retail shops, restaurants, a neighborhood grocery store, and several office buildings. The office uses located at 301 and 321 Market Street are larger than what would be allowed in the CN-1 Zone and are adjacent to the proposed CB-5 area. Therefore, these properties are proposed to be rezoned to CB-5 to keep the existing uses conforming. The other properties and land uses in this area fit well into the CN-1 zone. The CN-1 Zone is intended to provide the opportunity for small-scale retail sales and personal service uses in areas close to residential neighborhoods. The standards in this zone promote pedestrian-oriented development at an intensity level that is compatible with surrounding residential areas and promote principles of site design, building articulation, scale and proportion that are typical of traditional main street design. This area is already developed according to these mainstreet commercial principles. A CN-1 designation will allow existing businesses to remain conforming while allowing a variety of options for development and redevelopment at this same neighborhood scale over time. The other zoning designation that abuts this area is the Commercial Office (CO-1) Zone. This zone is intended to provide space for offices, compatible businesses, and apartments in buffer zones between residential and more intensive commercial or industrial areas. Mercy Hospital and associated medical offices are located in the area zoned CO-1. Rezoning adjacent CB-2 areas to CO-1 may encourage additional medical and dental practices to move into the area. This designation could logically be applied to areas abutting the existing CO-1 zone along Gilbert Street. However, Staff finds that there is a successful, unique mix of retail, office, and residential uses in the area that is more appropriately supported with CN-1 zoning. The CO-1 zone does not allow sales-oriented retail operations, of which there are several in this area (Murphy-Brookfield Books, John's Grocery, Mautz Paint, etc). Staff finds that the Market Street corridor is a successful retail commercial district and encouraging a predominance of office uses and making existing retail uses nonconforming may reduce the viability of this neighborhood shopping area. Central Business Support (CB-5) Zone: The CB-5 Zone is intended to allow for the orderly expansion of the Central Business District and to enhance the pedestrian orientation of the central area of the City. This zone is intended to accommodate a higher density of commercial uses than would be allowed in the CB-2 Zone or in the MU or CN-1 Zones. Currently the CB-5 Zone does not allow vehicle serving uses such as gas stations. However, in the proposed zoning code, gas stations would be allowed in the CB-5 Zone as a provisional use. Given the proximity to existing CB-5 properties and high density multi-family zones, the several parcels along Market Street closest to Dubuque Street are proposed for CB-5 zoning. These properties include the gas station on the corner of Dubuque and Market and the small cluster of retail/restaurant uses with upper floor apartments located immediately to the east. If these properties were ever to redevelop, the higher densities allowed in the CB-5 Zone would be compatible with adjacent higher density zoning. Public (P) Zone: A portion of the north side of the 300 block of Market Street is owned by the City as is operated as a public parking lot. All property that is owned by the City, County, State, or Federal government should be zoned Public. Therefore, this lot should be rezoned to P. STAFF RECOMMENDATION: Staff recommends that all CB-2-zoned property located north of Jefferson Street and South of Davenport Street be rezoned variously from Central Business Service (CB-2) to Central Business Support Zone (CB-5), Neighborhood Commercial (CN-1), Mixed Use (MU), and Public (P) as illustrated on the attached location map. Approved by: ~c~..~. Robert Miklo, Senior Planner, Department of Planning and Community Development Attachments: Location map _ , /// ////// , I Y///////~ BLOOMINGTON ST .. ,,..,,,,,.,,..,.,,,,,,,.,.,,,.,,,,...,,.,,.,.~,~ ~¢, ~, ~ ~ ~~ : , ~ , 1 ,,,,,,.,..,..,.,..,,.,,.....,.,.~~ ~ ~ . ..,..............~..~.~.. ,~ ,,.< ..'...'.'..'.' .'.' :.:..".~.". ,, ~ ~ ~ ~1~ ~ ~~, v ~ ~.~'.'/.' '.*,'.'. '.',': ~ ~ ~,~ ~ X X.X.~ ~ ~ ~ ~[ , .'...:...'...~.....~ ...-:..' ********************** ..... ,..~., ....... ~,y~~~ ~***~¢~ , ~ , vv~~v~.vvvvvv /// ,,, ~ ..' .'.'.'.' .......'../...... , v,-~'** /~ ' '"' "'""'"'"'""'"'". ~ v ~'vv 2 Z ~ ',',','.".'.' ',',',','.",'," .... , , , , , JEFFERSON SI ~ MU, Mixed Use ~ CB-5, Central Busings Sup~ ~ P, Public ~ CN-1, Neighborhood Commemial ~ Historic ~ndm~rk SITE LOCATION: ~o~h CB2 areas, Proposod Zonin~ Page 1 of 1 Karen Howard From: Marian Karr Sent: Friday, October 07, 2005 7:58 AM To: Karen Howard Cc: Kathryn Johansen Subject: FW: New Zoning Code rll hand out 10Il 0 From: HEADWAVE@aol.com [mailto:HEADWAVE@aol.com] Sent: Thursday, October 06, 2005 6:15 PM To: council@iowa-city.org Subject: New Zoning Code Dear City Councilors: We want to express our support for the changes proposed in the new zoning code. Here are some specific and general comments. - The CB-2 Zone should be eliminated and replaced with a combination of CN-1 and MU Zones. - We like the provisions which are aimed at limiting spillover parking by increasing parking requirements for apartments. - We like the additional control that the proposed changes apply to rooming houses AND the provisions which limit duplexes to corner lots in RS-8 Zones. We have lived in Iowa City for over 20 years, first on Church St. and now on Bloomington St. We also own commercial property on Bloomington St. We enjoy the qualities of the mixed neighborhoods surrounding the downtown area. We can walk downtown, we can walk to a hardware store, we can walk to restaurants and entertainment, we have interactions with neighbors and feel a sense of contributing together to the quality of the neighborhood. We look to the Council to enact zoning codes which set standards and design criteria that protect existing neighborhoods and encourage new neighborhoods which are interactive, self-contained to a point, attractive, and safe. We think these codes are a great step in this direction. We appreciate the work of City Staff and the Zoning Commission and we encourage you to use your leadership and strength to enact them. And, finally, we support the proposed new zoning ordinances because they support the neighborhoods we love and live in. David Rust and Joy Smith 915 E. Bloomington St. Iowa City 10/12/2005 Attention: Iowa City City Council We have been informed that the city is proposing to eliminate the CB-2 zone and down zone a major portion of the CB-2 zone in the northside commercial area to CN-1. Attached are signed and notarized statements from the majority of commercial property owners in the area of proposed down zoning objecting to the down zoning. These signed and notarized statements represent 22 of 27 private property owners and 85% of privately owned land in the affected area. Submitted by Armond Pagliai Signed and notarized statements from: AMC Investment (Cele Lubin and Arthur Goldberg) John Alberhasky Howard Carroll Benjamin Chait Anthony Christner Mary Ellen Chudacek Thomas Conway Thomas Corcoran Patricia Fisher William Gilpin Daniel Hanrahan Mike Hodge rD c:~ Michael Karr Yuk Wah Lam Olin Lloyd John Logan Jay Nelson Armond Pagliai 3~ c~ David Panther Vladimir Skarda David Stoddard Naftaly Strainer ATTENTION: IOWA CITY CITY COUNCIL I, Cele Lubin, General Partner in AMC Investment Co. , own the properties at: 323,325,~327i 331 E. Market & 127 N. Gilbert which are zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone our properties to CN-1. We want to protest this action. We object to the rezoning of our properties from CB-2 to CN-1. Signed ~ ~ Cele Lubin O Dated o0. 02 o o ~ ~ O O~,~i~, .... &7~ day of~ , A.D. 20 D ~ , before me, thg,~rg~,~ Not~ Pubhc in =d for said state, personally appe=ed ~~~ , to me known to be the person named,n ~d Ch~ ¢~[~ ~regoing instrument, and ac~owledged that she executed ~e'{~'~er~nt~y act and deed. My Commi~ion ~pir~ May 13, 2009 , Not~y Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I, Arthur Goldberg, General Partner in AMC Investment Co. , own the properties at: 323,325,327, 331 E. Market & 127 N. Gilbert , which are zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone our properties to CN-!. We want to protest this action. We object to the rezoning of our properties from CB-2 to CN- Signed Arthur Goldberg Dated STATE OF ~q_ t,j~,~.r;,,q , COUNTY OF ,,~.t~~ -/o , ss: On this ,,'~'3 day of ~~b~ , A.D. 20~, b5fore me, the undersigned, a Not~ Public in ~d for said state, persona!13 appe~ed ~ffU~ ~~, , to me ~own to be the person named in ~d who executed the foregoing instrument, and ac~owledged that he executed the same as his volunt~y act and deed. ~, ~,.~ , Not~y Public in and for s~d state. ATTENTION: IOWA CITY CITY COUNCIL I John Alberhasky own the properties at 401 E. Market & 120 N. Gilbert which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my properties to CN-1. I want to protest this action. I object to the rezoning of my properties from CB-2 to CN-1 John Alberhasky ~:~:~ Dated STATE , COUNTY OF t,_JdlD/'~ SOT) ss: On this ~-7 day of, 0/'/37~~" , A.D. 20 t2 S-, before me, the undersigned, a Not~r~j Publi'6 in and for said state, personally appeared x~t21q~ A/~;('~o&k<k/ , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Howard Carroll own the property at 322 E. Bloomington which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed 0 O-< ~ -1"i Dated STATE OF .... ~,~ ~o,-, , COUNTY OF 30krx ~ ss: On this q~-~ day of C)c,4--ob)e. ar , A.D. 20 05 ~ before me, the under-~-gned, a Notary Public l~ and for said state, ~-~sonally appeared [-[O~,2c~(C~ C_,ox cc~ [ I_, , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Benjamin Chait own the property at 202 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to pro~est thi( ct to the rezoning of my property from CB-2 t~~ Signed . Dated STATE OF ~ , COUNTY OF 'Zl--ol~s,~, ss: Onthis '~.t,~-,, dayof G~:,{~,4o~ ,A.D. 20 ~>s ,before me, the undersigned, a Notary Public in and for said state, personally appeared Boq~_~, CI~-{- , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Anthony Christner own the property at 207 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed Anthony Christner Dated --~ S ATE OF _J~O~;.jG._ ~COUNTY OF ,_~'"~B/_gd,r~ ss: On this ~ day of ~:,~e_p~,o~/,~ , A.D. 20 , before me, the und~r~i~ed, a Not~ Public in and for said stme, personally appe~ed ~ ~ ~:5'&~, to me ~o~ to be the person named in and who ex~uted the foregoing hs~ment, and ac~owledged · at he executed the same as his volunt~ act ~d deed. Commission Numl:~ 727458 My Commission Expires _.. March :6. 2007 , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Mary Ellen Chudacek own the property at 402 E. Market whiCh is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB~2 to CN-1. Signed Marl] Ellen Chudacek Dated ~~t ~~ '~-oca ,r-VI'r-" STATE OF ~2'-0~tq , COUNTY OF -..~-2Dt-I M % o tx.J ss: On this c>D,~rd day of ~ ~.r-- , A.D. 20 O~.%, before me, the undersigned, a Notary Public in and for said state, personally appeared M~V ~-c_t_~N 0._~t~ D.4C~/~, to me known to be the person named in and ffho execUted the foregoing instrument, and acknowledged that she executed the same as her voluntary,act ag{deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Thomas Conway own the property at 225 N. Gilbert which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed-~yr,~'-'~' Thomas Conway Dated ~ ~,. .~ STA~ OF ~O , CO'TV OF , /S~N ~ ss: On this ~2 day of ~.h ~ , A.D. 20 O~, before me, the undersized, a Not~ublic in'nd for said state, personally appeaed~o mai C,a a w ~ ~, to me ~own to be the person named in and who executed the foregoing ~s~ment, ~d ac~owledged · at he executed the same as his volunt~ act ~d deed. ., Not~ Publi~ in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Tom Corcoran own the property at 215)N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. STATE OF ~ r, 74 , COUNTY OF --~-~5 aA/' ss: On this ~:*;9~ day of ~,vT._~_ -, A.D. 20 D6'~, before me, the undersigned, a Notary l~u~'lic in and for said state, personally appeared . /~'oTm ~c~/Tc~r~a,~,~ , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Com~ssion Number 727458 My._..LC0mmissi0n,~ ~.^.ExPires , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Patricia Fisher own the properties at 315 N. Gilbert and 311 N. Gilbert which are zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my properties to CN-1. I want to protest this action. I object to the rezoning of my properties from CB-2 to CN-1. Signed Patricia Fisher Dated STATE OF ~-~ , COUNTY OF ( JO/~~ ss: On this ,:~~y of~ ~ ,~__.,'~d~ , A.D. 20 ~ ~-', before me, the undersigned, a Not_dry Public in~and for said state, personally appeared ~Dc,4~ici o~ ~ ~e~~'' , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I William Gilpin own the properties at 330 E. Market~i 213 ,!& 217 N. Gilbert which are zoned CB -2. ' The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my properties to CN-1. I want to protest this action. I object to the rezoning of my properties from CB-2 to CN~I. Signed William Gilpin Dated c~/~ STATE OF _~bo6D , COUNTY OF dO/gf)~b-'k_~ ss: On this dC.(? day of ~~ bP~d'¢ , A.D. 20 0 ~-, before me, the undersigned, a Not_~ Public in and for said state, personally appeared /,Oi i/i ox~ C~i [n'i t3 , to me known tobe the person named in and who executed the t'oregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Daniel Hanrahan own the property at 210 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed -- '-~ahi nl:a~an ' el Ha ~c~ Dated /(3 3 "<~ STATE OF ~'-~.;~_ , COUNTY OF ~(~l~/~//zs'er'~ ss: On this -~qO.~O- day of C~(~-,k_. (/ , A.b. 20 ~q~ before me, the under~i~ed, a Not~ Public in and for said state, personally a~e~ed ~~, F ~ ~Z~-, to me ~own to be the person named in ~d who executed the foregoing ms~ment, ~d ac~owledge that he executed the same as his volunt~ act ~d deed. ~arch 1~. 2007 ,_~ ~ot~ P~blJc J~ and ~o~ ~d~tat~. ATTENTION: IOWA CITY CITY COUNCIL I Mike Hodge (HCB Properties LC) own the property at 203 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed Mik~ Dated ' ' © On ~is ~A~ day of ~ O~~, A.D. 20 ~, before me, the undersized, a Not~ ~lic in and for said stme, personally appe~ed ~ [~&C{ ~~ , to me ~own to be the person nmed in and who executed theToregoing hs~ment, ~d ac~owledged that he executed the same as his volunt~ act ~d deed. M C0mmi~i0n ~es~~ mu,,i ,n said stat . ATTENTION: IOWA CITY CITY COUNCIL I Michael Karr own the property at 312 E. Market which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-I. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed Michael Karr Dated /~- ~- ~--~ STATE OF %CcC~ , COUNTY OF , iO~rx%U-I"h ss: On this ~4~ day of ff)C~-obe, x' ~,A.D. 20 0~ , before me, the undersigned, a Notary~ublic iff and for said state, ~e-~onally appeared b4 i C~0~e3-- k"CL~( (' , to me known to be the person named in and ~vho executed thXe foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. .~$ .~G I KIMBERL¥ KILPATRICK Commirmion NumMr 7301 , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Yuk Wah Lam own the property at 208 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed Y~~ Wah Lam Dated oF , co v oF ss: On this ,~ ~ day of ~ ~~& ~ , A.D. 20 O~ , before me, the undersized, a Not~ Public in and for said state, personally appe~ed ~o ~ ~ ~ , to me knom to be the person named in and who executed the foregoing hs~ment, ~d ac~owledged that he executed the sine as his volunt~ act ~d deed. , Not~ Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Olin Lloyd own the property at 318 E. Bloomington which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I obj/o~i to the rezoning of my property from CB-2 to CN-1. ? ~ J -~- Signed '~ Dated ~-- ~ STATE OF 2/'~o~ , COUNTY OF ~ohnsoD ss: On this o2(e day of ~'e4.33on b er- , A.D. 20 0~' , before me, the undersigned, a Notary Public in and for said state, personally appeared C)li n L-lox/c~ , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. I~'-! ~LV~-Z~r~C~ I ' ~ ~ ' ATTENTION: IOWA CITY CITY COUNCIL I John Logan (Malnick LLC) own the property at 305 N. Gilbert which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN~. Signed John gan STATE OF _~"~co Ct_ , COUNTY OF ~O k ~x ogO'%~ ss: On,is ~ dayof ~h~A.D. 20~,before me, the ~dersi~ed, a Not~u~lic in ahd for S~d state, personally appe~ed ~0~ ID ~ , to me ~o~ to be the person named in ~ who execm~the foregoing ~stmmem, ~d ac~owledged that he executed the same as his volunt~ act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Jay Nelson own the property at c211 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Dated /~) :5w- - ~ STATE OF ~_~Oddd , COONTY OF )/~ ~., 9FF~ ss: On this ~,--~d; day of ~r~../~/v/rr/-, , A.D. 20 o .$~ before me, the under, signed, a Notary Public in and for said state, personally appeared/~ ~2~'.ff.", F'~ ,to me known to be the person named in (u/d ~o'ex~cu~ted the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Comm/ssion Number 727458 My Commission Expires March 16, 20G7 , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I Armond Pagliai own the property at 317 E. Bloomington which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property ~ from CB-2 to CN-1.~rO~© o, Signed ~r~ ~ Armondeagliai ~ ~ :x..:v ~ ated STATE OF ~~ , COUNTY OF ~J~)h fl 50 ~ ss: On this c>~3x day of ?,f l'~Pr,,h C( , A.D. 20 0~, before me, the undersigned, a Ngi.ary 16ublic id and for said state, personally appeared .~.~. rn.t~r~c~ .~h. Ol! iO.'[ , to me known to be the person named in and who executed tl~foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I David Panther own the property at 214 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property.to CN-1. I want to ~his action. ~e rezoning of my property fr°m CB'~° 21'' Signed David eat~r '--' Dated ,cot.rr¥oF ss: On this. e~r day of q,,~he,~ , A.D. 200~- , before me, the unde~4signed_, a Notary Public in~and for said state; PersOnally appeared ~lYd ~)O,r~q-h~r~ , to me known to be the person named in an/d who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , ~ota~ ?~blic in a~d for ~aid state. ATTENTION: IOWA CITY CITY COUNCIL I Vladimir Skarda own the properties at ,,316 E}, Bloomington and 302 E. Bloomington which are zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my properties to CN-1. I want to protest this action. I Object to the rezoning of my properties from CB-2 to CN-1. Signed Vladimir Skarda Dated ! , STATE OF On this ~ 3, day of ~z~O-n he,r' -, A.D. 200,~--, before me, the undersfgned, a Notary Public iX hnd for said state, personally appeared ~ led ( ~\ ¢ ,~c.¢£xrdo3~ me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. , Notary Public in and for said state. ATTENTION: IOWA CITY CITY COUNCIL I David Stoddard (Stoddard Rentals) own the property at 209 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. ed CD David Stoddard Dated ~ m -o I-VI STATE OF 71-o/z,,~... , COUNTY OF ~.~.Ws~':~,/ ss: On this ,~g>tr.- day of ~x-Kos'N.-~ , A.D. 20 ~ 5~, before me, the undersigned, a Notary~ublic in and for said state, b-~r--sonally appeared /'~z~,,'j ~ff/e:,,d,~d;~ ~ , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. [g.~q ~.CommissionitVEltV KENIIY IrEttIMy~larchC°mmissi°nNu'16, 2007Expires727458 /~D' ~Signature) ., Notary Public in and for said state. (Stamp) ATTENTION: IOWA CITY CITY COUNCIL I Nafialy Stramer (Enterprise LLC) own the property at 206 N. Linn which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property to CN-1. I want to protest this action. I object to the rezoning of my property from CB-2 to CN-1. Signed ~, ~ Nafialy Stramer (Enterprise LLC) c~ Dated c~/2~ ~/0( ~:;~ STATE OF '%iod Ox_ , COUNTY OF I0 ~q~qqg(J~ ss: On this :Z~L~ day of , before me, the u~~, a Not.Public i~hd for said state, p~rsonally appe~ed Naq~al~ ¢~ ra~ , to me ~o~ to be the person named in ~d who ekecuted the foregoing hs~mem, ~d ac~owledged · at he executed the same as his vol~t~ act ~d deed. , Not~ Public in ~d for said state. Karen Howard From: Marian Karr Sent: Wednesday, October 05, 2005 1:24 PM To: Karen Howard Cc: Kathryn Johansen Subject: FW: new code I'll hand out tonight. ..... Original Message ..... From: Alvin Snider [mailto:alvin-snider@uiowa.edu] Sent: Wednesday, October 05, 2005 12:21 PM To: council@iowa-city.org Subject: new code Dear City Council I'm writing in support of the revised Planning and Zoning Code, and while I don't know all of the suggested provisions, I am especially in favor of two: (1) a restriction on the conversion of structures to duplexes to corner lots. (2) the rezoning of commercial areas in older neighborhoods in order to limit new building in the designated areas to lowrise properties limited to a density compatible with existing structures. In general, the Council needs to prevent the wholesale conversion of older neighborhoods in Iowa City to a cluster of high-rises and parking ramps, which will deprive the place of its distinctive character and history. Let's keep Iowa City liveable and plan future development in a way that takes into consideration the needs of its homeowners and other residents. Thanks for your attention to this matter. Alvin Snider 512 Rundell St. Iowa City Marian Karr From: Marc Light [gaulight@mac.com] Sent: Tuesday, October 04, 2005 10:10 AM To: ~ council@iowa-city.org Subject: Northside zoning Hello, I would like state my support of rezoning the commercial areas of the North Market Square from CB2 to CN-1 or MU. The North Market Square business district is exactly the sort of area that needs to be nurtured for the economic growth of the city. Iowa City is an attractive place for professionals a~d business people: why is this? One reason becomes clear when one considers where job candidates are taken for dinner. Quite often they are taken to the North Market Square: the restaurants, shops, businesses, and general atmosphere is obviously positive or candidates would not be taken there. A growing town like Iowa City needs more "downtown" than just the Pedmall and immediate surroundings. Go to the other cities that are commonly considered great places to start a business such as Madison or Ann Arbor and you'll find blocks and blocks of districts like the North Market Square. .In contrast, if one goes to cities that are struggling to encourage economic growth and you'll find only large office buildings downtown with large parking lots. In the short run such office building make money for SOME land owners and developers but in the long term EVERYONE else, including most land owners, loses. Sincerely, Marc Light Karen Howard From: Marian Karr Sent: Tuesday, October 04, 2005 2:53 PM To: Karen Howard Cc: Kathryn Johansen Subject: FW: new zoning and development code I'll hand out for 10/5 hearing. ..... Original Message ..... From: Bluford Adams [mailto:bluford-adams@uiowa.edu] Sent: Tuesday, October 04, 2005 2:45 PM To: council@iowa-city.org Subject: new zoning and development code Dear Council, I am writing to endorse the new zoning and development code. Its provisions will help preserve the character of the Northside, protect the charming Market Square district, encourage pedestrian-friendly design, and help keep housing affordable for families. I urge you to listen to many residents of the Northside neighborhood who support the code. It is a step in the right direction for Iowa City! Sincerely, Bluford Adams 4 Heather Ct. Iowa City Karen Howard From: Marian Karr Sent: Tuesday, October 04, 2005 10:02 AM To: Karen Howard Subject: FW: I support Proposed Zoning Changes 10/5 Code text or rezoning ..... Original Message ..... From: MICHAEL SINGER [mailto:MSINGER@coe.edu] Sent: Tuesday, October 04, 2005 9:27 AM To: council@iowa-city.org Cc: cs@icnna.org Subject: I support Proposed Zoning Changes Dear Council Members: I live at 419 N. Gilbert Street. I strongly support the proposed zoning changes that would strengthen the residential character of the near north side. I am especially supportive of the proposed parking regs and the revised Commerical zoning. Please take the steps necessary to make these changes happen. Imagine yourself living in this neighborhod...this is what you would want for your family, too! Thank you. Mike Singer 419 N. Gilbert Street 354-7442 Michael R. Singer, Director of the Heritage Club Coe College 1220 First Avenue NE Cedar Rapids, Iowa 52402 Office: (319) 399-8614 Mobile: (319) 360-8360 msinger@coe.edu Did yOu know that some charitable gifts produce an income for the donor? If you would like more information on Planned Gifts to Coe College, please visit our web link at http://plannedgifts.coe.edu. Page 1 of l Karen Howard From: Marian Karr Sent: Monday, October 03, 2005 9:53 PM To: Karen Howard Subject: RE: Goosetown & Northside Zoning As part of the hearing on rezoning or Code text? From: Karen Howard Sent: Monday, October 03, 2005 6:11 PM To: Marian Kart Subject: FW: Goosetown & Northside Zoning Marian, this email was addressed to me, but it should probably be forwarded to the Council. From: MarkG40@aol.com [mailto:MarkG40@aol.com] Sent: Tuesday, September 27, 2005 5:18 plVl To: karen-howard@iowa-city.org Subject: Goosetown & Northside Zoning Dear Ms. Howard, I am writing to express support for keeping the zoning of the Northside & Goosetown neighborhoods as close to the existing code as possible. This area of Iowa City is historic and unique. I think Iowa City will benefit by keeping it as oriented to residential and local business/store owner as possible. To widen the zoning to increase general commercial development would be a serious detriment. I support the requirement for residential input into any change in zoning. Unfortunately, business with a vested interest can designate representative(s) to attend council meetings while most homeowners are too busy doing daily "stuff" to keep track of the council's schedule and agenda, except as reported after the fact in the paper. Thank you, Mark Gomez 10/12/2005 From: Beverly Fell [mailto:beverly@corcorancommunications.com] ~ent: Monday, October 03, 2005 2:38 PM To: council@iowa-city.org Subject: Proposed Zoning Changes Gentlemen and Ladies: I am writing to strongly object to the proposed down-zoning of my property at 215 North Linn Street. We are currently zoned CB-2 and the new proposed zoning code would change our designation to CN-1. This change would adversely affect our property values and this seems particularly unfair because the new code would upgrade some neighboring properties. A business trip will preVent me from attending the October 5th public meeting, however I wanted to Page 2 of 2 advise you of my opinion. Thank you for your attention to this injustice. Sincerely, Tom Corcoran President Corcoran Gommunications, Inc. 215 North Linn Street Iowa City, IA 52245 319-351-3752 800-373-3752 tom@corcorancommunications.com A Second Petition to the Iowa City Planning & Zoning Commission And Iowa City, CiW, Council We, the below signed property owners, all own land in either the south ½ of Block 57 or the north ½ of Block 58 of the original town of Iowa City plat. We have recently been informed by the city that the new zoning code will eliminate the CB-2 zone. Various proposals have suggested down zoning our properties from CB-2 to R/O (mixed use) or CN-1. We are submitting this second petition to clarify our position concerning this proposed down zoning. We are strongly opposed to this. Our properties have been zoned as CB-2 for over 30 years. The proposed down zoning will have serious economic consequences for us in the future. We are therefore requesting that our two half blocks be either maintained as CB-2 or up zoned to CB-5. This will keep our properties in a strong commercial zone. In summary, we are urging the Planning and Zoning Commission and the City Council to either maintain our 2 half blocks as a CB-2 zone or up zone our 2 half blocks to the CB-5 zone. Please note we represent 7 out of 10 property owners and 82% of the land area in the area in question. '' Patricia Fisher ~~ir Sk~d~a ~ 3 ~ 5 N. Gilbert 316 E. Bloomington 311 N. Gilbert 302 E. Bloomington Armond Pagliai (,/ 317 E. Bloomington 305 N. Gilbert Howard Carroll 322 E. Bloomington 225 N. Gilbert 318 E. Bloo~n~on Karen Howard , From: joysmi@aol.com Sent: Monday, August 01,2005 11:34 AM To: Ka ren-Howa rd @iowa-city.org Subject: Re: Elimination of CB-2 Zone Karen, Based on your description the CN-1 Zone seems fine to us, and in fact may be more appropriate. We are pleased that it solves some of the issues around the gas station and like the fact that it helps to insure a continued commercial flavor to the neighborhood and that it limits the size of office buildings. We support zoning that allows a mix of residential and commercial for this area. It sounds as if CN-1 will do this. We are Out of town so appreciate your summary of key differences in these zones.. Joy Smith and David Rust ..... Original Message ..... From: Karen Howard <Karen-Howard@iowa-city.org> To: ,joysmi@aol.com' <joysmi@aol.com> Sent: Tue, 26 Jul 2005 17:02:00 -0500 Subject: RE: Elimination of CB-2 Zone Joy and David, Thank you for your letter. I will forward your message to the Planning and Zoning Commission. They will be holding a second public hearing on this matter on Thursday, August 4 at 7:30 PM. You are welcome to attend and express you views. A question for you...would you be opposed to a rezoning to Neighborhood Commercial(CN-1)? A number of the other property owners along Bloomington Street sent in a petition in opposition to the MU zoning. In their petition letter they stated that Neighborhood Commercial (CN-1) Zoning would be acceptable to them. The CN-1 Zone would be similar in scale and land uses to the MU Zone. However, there are several differences to note: - The CN-1 Zone allows gas stations, so Mr. Logan's gas station would remain a conforming use. His auto repair use would be grandfathered as a legal nonconforming use and be allowed to continue regardless of whether it was zoned CB-5, CN-1, or MU. If the area was rezoned to MU, both the gas station and the auto operation would be grandfathered as a legal nonconforming use and be allowed to continue. Legal nonconforming uses are allowed to continue, but may not be expanded. - The MU Zone allows residential uses on the ground floor of buildings, so properties could be redeveloped as apartment buildings, without a requirement that the first floor be reserved for commercial uses. The CN-1 requires that the first floor be reserved for commercial uses; apartments would be allowed only on upper floors. ! - The CN-1 Zone limits offices to 5,000 square feet, while the MU Zone does not have a limit. (The size of any office buildings would naturally be constrained by the size of the lot and the availability of space on the lot to provide the required parking.) City staff is primarily concerned with ensuring that the scale of development and the land uses allowed will be compatible with adjacent residential neighborhoods. MU and CN-1 would both be appropriate designations in this regard. They are both zones that are intended to be located in proximity to residential areas. We also take seriously the existing mix of land uses in the area and the desires and opinions of existing property owners. In your opinion which zoning designation would be most appropriate, MU or CN-I? Do you have a strong preference for one or the other? Thank you for taking the time to be involved and express your views. Regards, Karen Howard Associate Planner 356-5251 ..... Original Message ..... From: joysmi@aol.com [mailto:joysmi@aol.com] Sent: Tuesday, July 26, 2005 11:45 AM To: karen-howard@iowa-city.org Subject: Elimination of CB-2 Zone To: Members of the Zoning Commission We own a commercial (office) property at 319 E Bloomington. We write in support of the plan to rezone our property as MU, Mixed Use. We attended an informational meeting about this initiative in the spring. The rationale for this proposal is sound and the change to MU Zoning will actually give us more flexibility about use for our property. We believe the flexibility of MU Zoning will be good for the neighborhood. We do encourage the commission to treat the gas station on the corner of Bloomington and Gilbert with flexibility as you make this change. We are aware that a gas station is a non-conforming property in an MU Zone. We believe that the presence of the gas station on this corner is appropriate and good for the neighborhood. The owner is interested in positively strengthening the character of our neighborhood and should be supported in this efforts. Joy Smith and David Rust 225 N. Gilbert Street Iowa City, Iowa To the members of the Planning and Zoning Commission; I own and live in the structure at 225 N. Gilbert Street that, I understand, is being considered for rezoning. I strongly objec~ to it. When I moved here twenty years ago, I was surrounded by homes or apartments. Today, I am the only person living in the half block around me. There is a bookstore on one side of me, a vacant house one the other side and offices in back. The former owners of the property, North of my home, tried to sell their property as a residence. I talked with a number of people that considered this. Most were turned offby the lack of parking, traffic, zoning regulations etc. This is a commercial area. I cannot see any positive reason why by half block on one side of the street was chosen. I do know that adding new restrictions on what ! can do with my property will greatly reduce it's value. Sincerely, Thomas E. Conway cc: Iowa City Council July 19, 2005 CITY OF IOWA CITY 410 East Washin~,ton Street Iowa City, Iowa $22'~0-1826 Mr. Thomas E. Conway (3~) 3s6-~ooo 225 N. Gilbert St (3~) 3~6-~o09 F^x Iowa City, Iowa 52245 www.ic~,ov.or~ Dear Mr. Conway: We received your letter addressed to the Planning and Zoning Commission regarding your property at 225 N. Gilbert Street and the pending rezoning. I will forward your letter to the Planning and Zoning Commission. It seemed from your letter that you may have been misinformed about the nature of the proposed rezoning. The current zoning of your property is CB-2, Central Business Service. The proposed zoning designation of your property under the rezoning is MU, Mixed Use (formerly known as Residential/Office). Given that there is currently a mix of lower intensity residential uses, offices, and restaurants in the area, the Mixed Use Zone seems the most appropriate alternative to the CB-2 Zone, which is a zone that is proposed to be eliminated in the new zoning code. The MU Zone allows a wide variety of residential and commercial uses, including single family homes, duplexes, townhouses, apartments,'retail stores, restaurants, general office uses, medical and dental offices, personal service establishments, such as laundromats and beauty salons, guesthouses, community service uses, daycare, educational facilities, schools of specialized instruction, such as dance and music studios, meeting halls and religious institutions, etc. As you can see from the attached table, the MU Zone allows a similar variety of commercial uses as other commercial zones in the City. In addition, it also allows a variety of residential uses. While existing single family homes, such as yours, that have no ground floor commercial component are currently nonconforming uses in the CB-2 Zone, they will become conforming with the rezoning to MU. At the same time, if current owners of single family homes wish to sell their properties for redevelopment, there are a wide variety of residential and commercial possibilities under the MU zoning. If you have any questions about the rezoning, please don't hesitate to call me. Regar, ds, - Associate Planner Department of Planning and Community Development (319) 356-5251 karen-howard@iowa-city.org Table. 2C-1 - Principal Uses Allowed in Commercial Zones USE C~.'"~EGORIES I SUBGROUPS IcO'1 IcN'I Ic"'1 Icl'l Icc'2 ICB'5 IcB'10 I MU Residential Uses Household Living Uses Detached Single Family Dwellings P Detached Zero Lot Line Dwellings PR A'ttached Single Family Dwellings PR Duplexes PR Group Households PR PR PR PR PR PR Multi-family Dwellings PR PR S PR PR/S PR Group Living Uses Assisted Group Living PR S PR Independent Group Living Fraternal Group Livin~l Commercial Uses Adult Business Uses " PR Animal-related General S PR PR PR PR Commercial Uses IntenSive PR Commercial Outdoor P P S P,ecreational Uses Indoor PR/S PR P P P P P Commercial Parking PR PR Uses Eating and Drin~king S PR/S P P P P S Establishments Quick Vehicle Servicing S PR PR PR PPJS Uses Office Uses General Office P PR ' P P P P P p Medical/Dental Office P PR P P P P p Retail Uses Sales-oriented PR PR PR P P P PR Personal service-oriented P PR P P P PR RePair'Oriented p P P P Hospitality-Oriented Retail PR PR P P P P PR Outdoor Storage and Display- P PR oriented Surf;ace Passenger p p p p Service Uses Vehicle Repair Uses PR PR S Industrial Uses Industrial Service Uses P Manufacturing and' Technical/Light Manufacturing PR Production Uses General Manufacturing PR Heavy Manufacturing S Salvage Operations Self-Service Storage P Uses Warehouse and Freight P Movement Uses Waste-Related Uses [Nholesale Sales Uses P Institutional And Civic Uses Basl(~ Utility Uses PP,/S PPJS PR/S PPJS PP,/S PPJS PR/S Community Service General Community Service P S S P P P S Uses Community Service - Shelter S PP, PR PR PR S ',,Daycare Uses PR PR PR piS, PR PR PR PR Detention Facilities S Educational Facilities General PR P P PR Specialized P PR P P P PR Hospitals PR Parks and Open Space ,, PR PR PR PR PR PR Uses Religious/Private Group PR P P P PR Assembl~, Uses Other Uses Communication PR Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception A Petition to the Iowa City, Planning & Zoning Commission And Iowa Ci~. City. Council We, the below signed property owners, all own land in either the south ½ of Block 57 or the north ½ of Block 58 of the original town of Iowa City plat. We have recently been informed by the city that the new proposed zoning ordinance would down zone our properties from CB2 to Residential/Office (mixed use). We are strongly opposed to this. Our properties have been zoned as a commercial zone for over 30 years. The proposed down zoning will have serious economic consequences for us in the future. Since the CB2 zone apparently is being eliminated, we are requesting that our two half blocks be rezoned to at least CN-1 and preferable CB5 which would keep our properties in a strong commercial zone. In summary, we are urging the Planning and Zoning Commission and the City Council to please rezone our 2 half blocks to at least CN-1 and preferable CB5 and NQT R/O (mixed use). Please note we represent 7 out of 10 property owners and 82% of the land area in the area in question. Patricia Fisher 'Vladimir Skarda 315 N. Gilbert 316 E. Bloomington 311 N. Gilbert 302 E. Bloomington h~o~an~~ ~liai ~ Howard Ca,oil Thomas Con~ ~ 322 E. Bloomin~on 225 N. Olbe~ ,.,U1 - -- ~//~,~~ \ --q i ~...... ,~. Hospital ' . ........... .... ',z ~/ ~1~ ~ ~..[.~, ~'..~'_~ ~'¥ ~ : ~ ':'.':'.'.':'.',".'.':'.'.":.'.'.'.?.'.~ ~~ ~ , , ~ - ~ ~., :::::::::::::::::::::::::::::::::::::::::::: , ~ ~< " '1" "' ~ c~5 ~,,, '~ ,~',~ '~ CN-1 .... ' ~ H~ric ~ndmark SITE LO~TION: No~h CB2 are~, Proposed Zoning July 20, 2005 CITY OF IOWA CITY 410 East Washington Street Iowa Cit.,v, Iowa S2240-1526 Dear Interested Citizen: (319) 356-~o0~ FAX www.icgov.org We received your petition letter addressed to the Planning and Zoning Commission regarding the pending rezoning of CB-2 Zone properties. We will forward your letter to the Planning and Zoning Commission. It seemed from your letter that you may have been misinformed about the nature of the proposed rezoning. The current zoning of your property is CB-2, Central Business Service. The proposed zoning designation of the south 1/2 of Block 57 and the north 1/2 of Block 58 of the original town of Iowa City plat under the rezoning is MU, Mixed Use (formerly known .as Residential/Office). Given that there is currently a mix of residential uses, offices, and restaurants in the area, the Mixed Use Zone seems the most appropriate alternative to the CB-2 Zone, which is a zone that is proposed to be eliminated in the new zoning code. The MU Zone allows a wide variety of residential and commercial uses, including single family homes, duplexes, townhouses, apartments, retail stores, restaurants, general office uses, medical and dental offices, personal service establishments, such as laundromats and beauty salons, guesthouses, community service uses, daycare, educational facilities, schools of specialized instruction, such as dance and music studios, meeting halls and religious institutions, etc. As you can see from the attached table, the MU Zone allows a wide variety of commercial uses similar to other commercial zones in the City. In addition, it is unique in that it also allows a variety of residential uses. Existing residential buildings in your area that have no ground floor commercial component are currently nonconforming uses in the CB-2 Zone, as they would be in the CN-1 Zone or the CB-5 Zone. Unlike any other commercial zone in the City, the MU Zone allows residential uses on the ground floor. However, properties do not have to remain residential. If current owners of property wish to sell their properties for redevelopment in the future, there are a wide variety of residential and commercial possibilities under the MU zoning. Unfortunately, Mr. Logan's auto repair shop would be a nonconforming use in the MU, CN-1, and CB-5 Zones. It would, however, be allowed to continue as a grandfathered use, even if Mr. Logan wishes to sell it to a new owner at any time in the future. The Planning and Zoning Commission has scheduled two meetings to discuss these rezoning proposals: Thursday, July 21 and Thursday, August 4. Both meetings will be held at 7:30 PM in City Hall, 410 E. Washington Street. If you have any questions about the rezoning, please don't hesitate to call me. Regards~,, ,,, Department of Plannin~g and Comm~)'(~i'a't''e'~-~ner / unity Development (319) 356-5251 karen-howard@iowa-city.org Table 2C-1 - Principal Uses Allowed in Commercial Zones I usEcATEGom£s i s~J~GeOUPs i co.~ i CN.~ i c.-~ [c~.~ Icc.2 I ca-s Ica-t0 I MU Residential Uses Household Living Uses Detached Single Family Dwellings P Detached Zero Lot Line Dwellings PR Attached Single Family Dwellings PR DuPlexes PR Group Households PR PR PR PR PR PR Multi-family Dwellings PR PR S PR PFUS PR Group Living Uses Assisted Group Living PR S PR Independent ,Group Living Fratsmal Group Livln~l Commercial Uses Adult Business Uses " PR Animal-related General S PR PR PR PR Commercial Uses intenSive PR Commercial Outdoor P P S Recreational Uses Indoor PR/S PR P P P P P Commercial Parking PR PR Uses Eating and Drinking S PR/S p p P P S Establishments Quick Vehicle Servicing S PR PR PR PPJS Uses Office Uses General Office P PR ' P P P P P P Medical/Dental Office P PR P P P P P Retail Uses Sales-oriented PR PR PR p P P PR Personal Service-oriented P PR p P P PR RePair-Oriented P P P P Hospitality-Oriented Retail PR PR p p P P PR Outdoor Storage and Display- P PR oriented surface Passenger P P P P Service Uses Vehicle Repair Uses PR PR S Industrial Uses Industrial Service Uses P Manufacturing and' Technical/Li~lht Manufacturing PR Production Uses General Manufacturing PR Heavy Manufacturing S Salvage Operations Self-Service Storage P Uses Warehouse and Freight P Movement Uses Waste-Related Uses Wholesale Sales Uses P Institutional And Civic Uses Basi(J Utility Uses PR/S PPJS PPJS PPJS PR/S PPJS PR/S Community Service General Community Service P S S p P P S Uses Community Service - S~_h_,elte[. S PR PR PR PR S Da¥care Uses PR PR PR PR PR PR PR PR Detention Facilities S Educational Facilities General PR P P PR Specialized P PR p p P PR Hospitals PR Parks and Open Space ,~ PR PR PR PR PR PR Uses Religious/Private Group PR p P P PR Assembly Uses Other Uses Communication PR Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception Marian Karr From: Eric Gidal [eric-gidal@uiowa.edu] Sent: Monday, October 17, 2005 9:19 AM To: cou ncil@iowa-city.org Subject: New Zoning Measures Importance: High To City Council Members: As a homeowner in the Northside Neighborhood (714 N. Johnson St.) and a former member of the Board of Adjustments, I am writing in strong support of the revised Zoning Code currently under consideration. As a parent with three small children, I am unable to attend the public hearings, but would appreciate my views being registered. The new Zoning Code seems well designed to offer necessary protections to the older neighborhoods in Io~a City that immediately surround the downtown commercial zones. These neighborhoods, as the Council is no doubt well aware, are the site of a perpetual tension between absentee landlords and homeowners, a tension that to some degree helps keep these neighborhoods vibrantly diverse, but that has also allowed for some egregious abuses of properties. By strengthening control over rental properties, spillover parking, and new construction, these codes insure that landlords and owner-occupiers alike will be held to standards of construction and property use that are in the best interest of the neighborhoods and, by extension, the city as a whole. By re-zoning areas from CB-2 to CN-1, the new code insures the continued vitality of the Market Square commercial district as an appealing and sustainable alternative to the strip malls surrounding the city. Protecting the older neighborhoods of Iowa City is not only important to those of us who live and invest in those neighborhoods, but to the city as a whole. The economic and cultural health of any city can well be measured by the vitality of the downtown and the surrounding neighborhoods that support that downtown. Strengthening property values in older neighborhoods is essential to this vitality and the new code clearly aids in that endeavor. At a time when the city is attempting to construct new neighborhoods that reproduce the social health, aesthetic charm, and economic viability of older neighborhoods, it would seem only natural to extend protections to the original neighborhoods that provided the inspiration for these newer developments. The new Zoning Code offers reasonable and affordable guidelines for landlords and homeowners alike, and I urge you to support its passage. Sincerely, Eric Gidal Eric Gidal Associate Professor Department of English 308 English-Philosophy Bldg. University of Iowa Iowa City, Iowa 52242 Marian Karr From: perry-howell@uiowa.edu Sent: Friday, October 14, 2005 12:29 PM To: cou ncil@iowa-city.org Subject: zoning regulations Dear City Councillors, I am writing regarding the ongoing consideration of the changes to the Iowa City zoning regulations. I am a homeowner in one of the neighborhoods that would be significantly affected by some of these changes. I am writing to ask that you support the proposed changes that will work to preserve the residential neighborhood characteristics we currently enjoy, especially in the neighborhoods close to downtown. In this regard, I am especially in favor of the proposed change that calls for, I believe, the elimination of the CB2 category and its replacement by MU and CN-1 categories. While I may be wrong on the techical side of this, I am most interested in keeping the sizes, especially the heights, of buildings in the north side at a reasonable level. My understanding is that the proposed changes would limit buildings to 3- stories rather than the current 9-story limit. I am very much in favor of this. I believe the area near downtown will only become more attractive to everyone as gas becomes more scarce and expensive and I appreciate the council's thoughtful consideration of how best to balance developmental pressures with livability concerns. I believe the proposed zoning changes do a good job in promoting this balance of concerns. I know you are all quite busy, so I want to keep my message brief. Please do not hesitate to contact me if I can provide any additional information on my opinions. Thank you very much for your time, Perry Howell 317 Fairchild St. Iowa City, IA 52245 354-8768 Marian Karr From: jponto@avalon.net Sent: Monday, October 17, 2005 1:00 PM To: council@iowa-city, org Subject: proposed zoning code Dear Councilors, I am a home owner in the near-northside neighborhood, and in a historic district. I am concerned that this lovely neighborhood immediately north of downtown be protected from aggressive landlords and developers. Regarding the proposed restriction that duplexes can only be built on corner lots in RSS, I support the concept that the number (or proportion) of duplexes be limited in older neighborhoods. Limiting duplexes to corner lots is one workable approach, although there may be other workable approaches that would accomplish the same goal. Therefore, I urge you to accept the proposed zoning plan. Regarding the proposed elimination of CB2, I support the concept of limiting the size of buildings (ie, 3 storeys rather than 9 storeys in the near- northside area. Therefore, I urge you to accept the proposed zoning plan. Thank you. Jim Ponto 618 Brown Street Marian Karr From: Libby Shannon [goosetowngraphics@earthlink.net] Sent: Tuesday, October 18, 2005 12:41 PM To: council@iowa-city, org Subject: New Zoning Restrictions I am against the new zoning restrictions. Affordable housing at less than $200,000 is not really affordable for most people. We are finally getting enough rental properties that the costs are coming down for the average renter. I realize you are probably going to vote for it anyway, but I'm against it. Libby Shannon Goosetown Graphics 314 Reno St. Iowa City, IA 52245 319.358.8629 319.530.5705 Iowa City City Council 410 E. Washington St. Iowa City, IA 52240 October 15, 2005 Dear City Council: We the undersigned North Market businesses recognize that good community planning and zoning are important for maintaining attractive neighborhoods and vital business districts. Therefore, we support the Planning and Zoning Commission's recommendation to rezone Market and Bloomington Streets to Neighborhood Commercial. We believe this zoning designation is much more appropriate than the current CB-2 Zone, which would allow nine-story buildings. We hope it is as obvious to you as it is to us that development of this scale would not be healthy for the North Market Business District or the Northside Neighborhood. Thank you for yoursupport for this proposed rezoning. Signature Name of Business Address . ~oomt~~ ZO7 ~.L~. ANALYSIS OF THE CURRENT CB-2 ZONE WITH THE PROPOSED CB-5 & CN-1 ZONES · The City of Iowa City Zoning Comparison Analysis incorrectly states the Maximum Residential Density (proposed) for the CN-1 Zone as 1 dwelling unit per 1,800 square feet of lot area. In Public Review draft dated 02/23/05 and the P & Z Recommended Draft dated 09/08/05 in Table 2C-2(a): Dimensional Requirements for all Commercial Zones, except the MU Zone, the density is shown as 1 dwelling unit per 2,725 square feet. · The City of Iowa City Department of Planning and Community Development was contacted on October 15, 2005 regarding the zoning change for 317 Bloomington Street. We were told that the recommended zoning change is to CN-1. This makes the analysis of the MU Zone irrelevant. · The conclusion section of Case Study #1 performed by the City of Iowa City states that "The difference between the various zoning designations is minimal. One or two additional apartments could be achieved in the CB-2 Zone." The fact is the calculations were miscalculated by using a density of 1,800 square feet per unit instead of 2,725 square feet per unit. This results in the number of dwelling units (per the case study example for CN-1) being reduced from 14 apartments to 9 apartments. The City example has 15-16 apartments for the CB-2 Zone. Reducing the number of apartments from 15 or 16 to 9 is more than a minimal difference. · When taking into account the gross allowable apartments per zoning, the current zoning of CB-2 could have 30 units, the proposed CN-1 could have 9 units. · The change from CB-2; Central Business Service Zone to CN-1; Neighborhood Commercial Zone greatly reduces the possible uses of the site (in fact, the are no permitted uses for the CN-1 Zone listed in Table 2C-1, all uses in this zone are either Provisional or Special Exception). When exploring the permitted uses for the proposed CB-5 and CN-1 Zones, the current CB-2 and proposed CB-5 Zones are much closer to each other. This makes sense since the Reviewer's Guide for the Iowa City Zoning Code - Public Review Draft states on page 7 UAIso note that the CB-2 Zone is no longer listed, because this zone has been eliminated in the proposed code. We have combined the uses of the CB-2 Zone and the CB-5 Zone, so that few nonconformities will be created if the CB-2 areas are rezoned to CB-5." · The design standards for the CN-1 zone are much more restrictive than that of the current CB-2 or proposed CB-5 zone. This includes both building design and site design. Permitted Uses · Permitted uses in CB-10 Zone · Indoor commercial recreation · No permitted uses as defined · Auto- and truck-oriented uses uses · Hotels, motels and convention · Eating and drinking facilities establishments · Transient housing · Office uses - ge ne ral/medical/de ntal · Retail uses - sales/personal/repair/hospitality · Surface passenger service uses · Community service uses - general · Educational facilities · Religious/Private group assembly uses =rovisional Uses · Dwellings located above or · Group households · Group households below the ground floor of · Multi-family dwellings located · Multi-family dwellings located 3ermitted use (1 dwelling unit above street level (no maximum above street level (1 dwelling 3er875 s.f. lot area) density : ground level floor to unit per 2,725 s.f. lot area : · Elder apartment housing (1 ceiling height must be at least ground level floor to ceiling dwelling unit per 300 s.f. lot 14 feet) height must be at least 14 feet) area) · Animal-related commercial · Animal-related commercial · Adult daycare uses - general uses - general · Childcare center · Commercial parking uses · Indoor commercial recreation · Utility substation facilities (owned & operated by municipal uses (limited to 5,000 s.f.) within existing buildings government) · Eating and drinking · Quick vehicle servicing uses establishments (occupancy load · Manufacturing and production will not exceed 100) uses - technical/light & general · Office uses - (cottage industry; limited to general/medical/dental (each 5,000 s.f.; increased to 15,000 office use is limited to 5,000 s.f. s.f. with special exception; see of which no more than 2,400 s.f. prohibited uses) may be located on the ground · Wholesale sales uses (in floor) conjunction with retail use or · Retail uses- sales/personal eating & drinking establishment; (eachuse is limited to 2,400 s.f. on-site storage must not exceed except as follows: 40% of floor area of principle drugstore/hardware store up to use) 15,000 s.f.; grocery stores up to · Basic utility uses 30,000 s.f. or up to 40,000 s.f. if · Community service uses - include other departments which shelter are departmentalized; general · Daycare uses use may be increased to 5,000 s.f. with special · Parks and open spaces uses · Communication transmission exception)/hospitality facility uses (guesthouses) · Basic utility uses · Daycare uses · Educational facilities - "~ specialized (limited to 2,400 s.f.) · Parks and open spaces uses u~ Special · Clubs · Quick vehicle servicing uses · Eating and drinking Exception · Commercial recreational uses · Basic utility uses establishments (occupancy load · Religious institutions · Communication transmission may be increased to 125 with · Schools - specialized private facility uses (see regulations)special exception) instruction · Quick vehicle servicing uses · Utility substation facilities · Community service uses- general ("neighborhood centers") Minimum Lot None None None Area Minimum Lot None None None Width Minimum Lot None None None Frontage Minimum Area 875 Square Feet None 2,725 Square Feet per Dwelling Unit Minimum Front None None (10 feet if front Burlington 5 Feet Setback Street) Minimum Side None None (Unless abutting None (Unless abutting Setback residential zone) residential zone) Minimum Rear None None (Unless abutting None (Unless abutting Setback residential zone) residential zone) Maximum 12 Feet 65% of building must be within 5 Setback feet of street-side lot line of primary street frontage Maximum Height 100 Feet 75 Feet 22 Feet for one-story; 35 Feet for all other buildings Minimum Height 25 Feet 18 Feet Floor Area Ratio 2 3 (may be increased up to 7 with 1 approved FAR bonus) Maximum 3 5 3 Roomers per Dwelling Unit Parking - · Offices: 1 space per 300 s.f. of None · Offices: I space per 300 s.f. of Commercial floor area to a maximum of 27 floor area spaces · Eating & Drinking: 1 space per · Eating & Drinking: I space per 150 s.f. floor area 150 s.f. floor area · Retail: 1 space per 300 s.f. · Retail: I space per 200 s.f. retail floor area retail floor area Parking - · Efficiency: 1 · Efficiency: 1 · Efficiency: 1 Residential ° 1-Bedroom: 1 · 1-Bedroom: 1 ° 1-Bedroom: 1 · 2-Bedroom: 2 · 2-Bedroom: 1 ° 2-Bedroom: 2 · 3-Bedroom: 2 · 3-Bedroom: 2 · 3-Bedroom: 2 · 4-Bedroom: 3 · 4-Bedroom: 3 · 4-Bedroom: 3 · 5-Bedroom: 4 · 5-Bedroom: 3 · 5-Bedroom'. 4 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 REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE, MIXED USE (MU) ZONE AND HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44) ZONE, FOR AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF JEFFERSON STREET.AND EAST OF GILBERT STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, the current CB-2 area south of Washington Street and along College Street contains primarily older residential structures that have been converted to a successful mix of offices and small retail establishments that provide a gradual transition between the higher intensity of the downtown and the lower density residential neighborhood surrounding College Green Park. Rezoning this area to Mixed Use (MU) acknowledges these existing lower scale uses and maintains a transition zone between the downtown and lower scale residential areas surrounding College Green Park; WHEREAS, the current CB-2 properties that front on Iowa Avenue and along Van Buren Street north of Washington Street and isolated parcels surrounded by public uses west of Van Buren Street contain a mix of larger scale offices, retail uses, and institutional uses that are consistent with the intent of the CB-5 Zone to allow for the orderly expansion of the Central Business District and to enhance the pedestrian orientation of the central area of the City; WHEREAS, the current CB-2 properties located along the north side of Burlington Street are suitable for CB-5 zoning due to the location along a major transportation corridor adjacent to downtown Iowa City; WHEREAS, the current isolated CB-2 property located on the south side of Burlington Street is surrounded by high density multi-family zoning; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, the eastern 70 feet of lot 6 of Block 43; the north 110 feet of lot 4 of Block 44; lots 7,8 of Block 45; lots 5,6,7 of Block 39; lots 2,3,4,5, and the portions of lots 6,7 of Block 40 that lie north of the southern boundary of the CRI&P Railroad right of way; lots 5,6, and a portion of lot 7 Ordinance No. Page 2 described as (beginning at the northwest corner of lot 7, thence south 150 feet, east 80 feet, north 120 feet, west 34.8 feet, north 30 feet, and west 45.2 feet to beginning )of Block 42 are reclassified to Central Business Support (CB-5) Zone; Original town of Iowa City, lots 3,4 of Block 42; lots 2,3,4,5 and the western 20 feet of lot 6 of Block 41; the portions of lots 6, 7 of Block 40 that lie south of the southern boundary of the CRI&P Railroad right of way are reclassified to Mixed Use (MU) Zone; Original town of Iowa City, the eastern 105 feet of lots 7 and 8 of Lyman Cook's Subdivision of Outlot 25 are reclassified to High Density Multi-Family Residential (RM-44) Zone. SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 ,2005. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard, Associate Planner Item: REZ05-00014: East CB-2 Areas Date: July 15, 2005 GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Karen Howard, Associate Planner Phone: 356-5251 Requested Action: Rezoning from Central Business Service (CB-2) to Central Business Support Zone (CB-5), Mixed Use (MU), High Density Multi-Family Residential (RM-44), and Public (P) Purpose: Elimination of CB-2 from City Zoning Ordinance Location and Existinq Land Use: All properties are currently zoned CB-2. See legal description for exact location. The addresses and businesses listed below are intended for information purposes only and are subject to change over time. STREET ADDRESS BUSINESS NAME USE TYPE Zoning Proposed 10 S. Gilbert Street Unitarian Universalist Society religious institution CB-5 422 Iowa Ave. United Action For Youth - United Way general office CB-5 430-490 Iowa Ave. Legal Services Corps of Iowa general office/multi-family CB-5 residential Edward Jones Investments general office/multi-family CB-5 residential 500 Iowa Ave. U of I Community Credit Union personal service-oriented CB-5 retail 505 Iowa Ave. residential multi-family residential CB-5 507 Iowa Ave. residential multi-family residential CB-5 511 Iowa Ave. Jeffrey Fields Law Office general office CB-5 Wieland/Brighton Therapy Assoc. medical office CB-5 Eastern Orthodox Christian Chapel religious institution CB-5 Raphael - Books & Gifts sales-oriented retail CB-5 513 Iowa Ave. residential multi-family residential CB-5 517 Iowa Ave. residential multi-family residential CB-5 523 Iowa Ave. offices ~general offices CB-5 15 N. Van Buren St. dentist office medical office CB-5 18 S. Van Buren St. residential multi-family residential CB-5 20 S. Van Buren St. Boland-Duarte Counseling Services ~leneral office CB-5 22 S. Van Buren St. New Pioneer Co-op sales-oriented retail CB-5 505 E. Washington St. Houser Clinic - physicians, architects medical office MU 511 E. Washington St. Donald W. Robinson Builder Inc. general office MU architects general office MU 517 E. Washington St. Golden Hau~l Bed & Breakfast hospitality-oriented retail MU 520 E. Washington St. Haunted Bookshop sales-oriented retail MU Pierce King Architect general office MU 521 E. Washington St Red Avocado eating & drinking MU establishment 505 E. College St. Community Mental Health general office MU 506 E. College St. Blank & McCune Real Estate Co. general office MU Photoworld sales-oriented retail MU 507 E. College St. Community Employee Assistance general office MU Community Mental Health general office MU 504 E. Burlington St. L&M Mighty Shop quick vehicle servicing CB-5 510 E. Burlington St. Hoffman-Waters Realtors general office/multi-family residential CB-5 522 E. Burlington St. residential multi-family residential CB-5 214 S. Van Buren St. Community Mental Health general office CB-5 220 S. Van Buren St. Community Mental Health general office CB-5 425-429 E. Burlington St. IHanson's Automotive lauto repair IRM-44 Surrounding Land Use and Zoning: North: Various multi-family and office uses, R/O zone; Multi-family apartment, RM-44 zone South: Burlington Street, various multi-family residential buildings, RM-44 East: Single- and multi-family residential, RNC-20 and RM-12 zones; College Green Park West: State Historical Society, City Hall, Chauncey Swan Parking Ramp, Robert A. Lee Recreation Center, all Public Comprehensive Plan: This area is located primarily in the Downtown Planning District, with small portions on the east and south edge located in the Central Planning District The Comprehensive Plan Land Use Map denotes the area as appropriate for "Mixed Use". File Date: July 14, 2005 BACKGROUND INFORMATION: In the proposed Zoning Code, the CB-2 Zone has been deleted in order to reduce the number of zoning classifications within the C°de and thus simplify the ordinance. If this zone is eliminated areas that are currently zoned CB-2 will need to be rezoned to another appropriate zoning classification. There are three general areas of the City that are zoned CB-2: · North CB-2 Areas: An area north of downtown roughly bounded by Dubuque and Linn Streets on the west, the alley between Jefferson and Market Streets on the south, Gilbert Street on the east, and the alley between Davenport and Bloomington Streets on the north. The block bounded by Dubuque, Market, Linn and Jefferson Streets was recently rezoned from CB-2 to CB-5. (See the attached map labeled "North CB-2 areas.") · East CB-2 Areas: An area east of downtown roughly bounded by Van Buren Street on the west, the alley between Jefferson Street and Iowa Avenue on the north, a line running parallel to and 3 approximately 80 feet to the west of Johnson St, and Burlington Street on the south, but also including property at the southwest corner of the intersection of Burlington Street and Van Buren Street. (See the attached map labeled "East CB-2 areas"). · South CB-2 Areas: Various disconnected, smaller parcels located generally south of Burlington Street and north of Prentiss Street (See attached map labeled "South CB-2 areas"). This rezoning application addresses the second of the three areas listed above, the east CB-2 areas, as illustrated on the attached location map. This area is surrounded by a variety of residential and office uses on three sides and by municipal preperty with office uses, a recreation center, and civic parking lots to the west. Municipal and University properties (publicly owned land) form a ring around the north and east portions of downtown that partially separates this CB-2 area from the downtown commercial core. The location of this area near downtown and surrounding uses (Mercy Hospital, the University, and medium- and high-density residential housing) produce a high traffic volume for this area, both vehicular and pedestrian. Vehicle traffic is heaviest on Burlington Street and Iowa Avenue. Van Buren Street is less-heavily traveled. ANALYSIS: Comprehensive Plan: This area's proximity to the University and Downtown make it appropriate for any number of commercial and residential uses, hence the designation of "Mixed Use" on the Land Use Map. This area is an older developed part of the City, characterized by small parcels with a mix of land uses. It has good access to City services and infrastructure, but off-street parking is limited. The Plan states that "because Iowa City is a relatively small and compact city, less dense residential development can be found adjacent to the downtown. As the community grews and the downtown prospers, care should be taken in previding proper transitions between the intensity of downtown development and surrounding residential neighborhoods." Proposed Rezoning: There are a number of zoning designations that could replace the CB-2 designation. When considering the best fit for particular properties, staff looked at the surrounding zoning, the existing land uses in the area, and how a particular zoning might affect the surrounding neighborhood. Another important consideration is whether a new zoning designation would create nonconformities and how that might affect future development or redevelopment of property. The attached map entitled East CB-2 Areas, indicates staff's recommended zoning pattern for this area. The reasoning behind the proposed zoning is described below and is illustrated on the attached map. Central Business Support (CB-5) Zone: The CB-5 is intended to allow for the orderly expansion of the Central Business District and to enhance the pedestrian orientation of the central area of the City. This zone is intended to accommodate a higher density of commercial uses than would be allowed in the CB-2 Zone, but less than what is allowed in the CB-10 Zone. The floor area ratio (FAR) allowed in the CB-5 Zone is 3, but may be increased through bonus density provisions up to 7. Buildings can be up to 75 in height. CB-5 would allow for a density and scale similar to that found downtown and on University property. The mixture of land uses permitted in this zone requires special consideration of building and site design. CB-5 zoning is proposed for the CB-2 preperties that front on Iowa Avenue and on Van Buren Street between Iowa Avenue and Washington Street. It is also proposed for the smaller parcels shown on the map that are surrounding by publicly-owned property (Unitarian Church preperty, Mid-American utility substation facility) and for the parcels that front along the north side of Burlington Street (as shown on the attached location map). The mix of larger scale offices, the Community Credit Union, and various institutional uses along Iowa Avenue are of a scale that is compatible with the downtown. As a prominent boulevard leading to downtown Iowa City and the Pentacrest, Iowa Avenue is an important corridor. The higher density uses allowed and the pedestrian-oriented site development standards that are a part of the CB-5 4 zone would be appropriate for uses along this street. The New Pioneer Cooperative is located on the corner of Washington and Van Buren, but also owns additional property to the north along Iowa and Van Buren Streets. Rezoning this property to CB-5 would allow for future expansion of this use and create some potential for redevelopment within this block. Another potential zoning designation for this area is Mixed Use (MU). However, the bank would become nonconforming due to its size and there would be limited expansion potential for the grocery. store if this area was zoned MU. The CB-5 zone also allows gas stations, while the MU Zone does not. A CB-5 designation would allow the Mighty Shop on the corner of Burlington and Van Buren to remain a conforming use. Burlington Street is a state highway and an entryway to downtown Iowa City, so higher-intensity uses are appropriate for this corridor. There is the potential for a rather rapid transition between more intense CB-5 land uses in this area and the residential neighborhoods to the east, especially at the mid-block transition points between Van Buren and Johnson Streets. The adjacent RNC-20 Zone along Iowa Avenue allows medium density multi-family uses and many properties have been developed to the maximum density allowed in this zone. Of greater concern are the properties located further south along Johnson Street between Washington Street and College Streets. This area has a mix of single family and multi- family properties that surround College Green Park. Creating a suitable transition between CB-5 zone and the Iow density multi-family zone (RM-12) may be more problematic. For this reason, staff is recommending that the CB-2 properties located south of Washington Street and north of the alley behind properties that front on the south side of College, be rezoned to Mixed Use (MU) as further described below. Mixed Use (MU): The purpose of the Mixed Use (MU) Zone is to provide a transition from intensive commercial and employment centers to less intensive residential districts and to stabilize the residential areas located in these transitional areas. In the CB-2 area along Washington Street and College Street quite a number of older residential structures have been converted to successful mix of offices and small retail establishments. These uses provide a gradual transition between the higher intensity of the downtown and the lower density residential neighborhood surrounding College Green Park. The MU zone would acknowledge and keep the current establishments conforming and would allow development and redevelopment of property in the area to occur, but at a lower scale and intensity than would the CB-5 Zone. The Mixed Use Zone allows a wide variety of commercial and residential uses: offices, retail, restaurants, guest houses, theaters, single family, duplexes, multi- family, etc, similar to the mix in the area today. High Density Multi-Family Residential (RM-44) Zone: The purpose of the High Density Multi-Family Residential Zone (RM-44) is to establish areas for the development of high density, multi-family dwellings and group living quarters. Properties zoned RM-44 should be located with good access to all City services and facilities, including public transportation services. Vehicular access and parking should be designed carefully to ensure efficient traffic and pedestrian circulation on adjacent streets. Due to the high density permitted in this zone, careful attention to site design is expected to ensure that buildings are compatible with surrounding land uses and that a quality living environment will be maintained over time. RM-44 zoning is proposed for the property located on the southwest corner of the intersection of Burlington and Van Buren Streets. East of Gilbert Street, land uses on Burlington Street transition from intense downtown development toward lower-density residential uses. Much of the area near the parcel in question is zoned RM-44, and displays a range of multi-family apartment buildings and converted homes that help transition between the intensity of the downtown area and lower density properties further east. The Gilbert Street corridor is developed with multi-family structures in many places near these parcels, as well. To the north, the Robert A. Lee Recreation Center is a large structure that compares visually with the apartment structure to the south. The subject parcel is currently an auto repair shop, which would become nonconforming regardless of how this property 5 was rezoned. The auto repair establishment could continue to operate as a nonconforming use for as long as the property owner wishes. However, if the property were ever to redevelop, high density residential development would be appropriate and compatible with surrounding uses and zoning. Therefore, staff believes that RM-44 is the appropriate zoning for this parcel. STAFF RECOMMENDATION: Staff recommends that all the CB-2-zoned properties located south of Jefferson Street, east of Gilbert Street and north of Court Street be rezoned to Central Business Support (CB-5), Mixed Use (MU), and RM-44, as illustrated on the attached location map. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development , ,,, ..........~: ==================================== RNC21) ~ ,, ~ / KEY ~ OB-5, Central Business Suppo~ ~ RM-44, High Densi~ Multi~mily ~ MU, Mixed Use ~ Historic ~ndmark East OB2 areas, Proposed Zoning A PETITION TO TtIF~ IOWA CITY PLANNING & ZONING COMMISSION AND IOWA CITY CITY COUNCIL We, the property owners signing below, all own land in the sector of East College Street and East Washington Street between Van Buren Street and Johnson Street in Iowa City, Iowa. The City has informed us of a new proposed Zoning Ordinance change that would change the designation of our neighborhood from CB2 to Mixed Use. After some assessment of this matter we have decided to create this petition to show our strong disapproval and opposition to such change. Our properties have been zoned as commercial for over 30 years. The proposed zoning change will have serious economic consequences for us in the near future. We would like to remain zoned CB2 Or we would request our area be rezoned to CB5, which would keep our properties in a strong commercial zone. In summary, we are urging the Planning & Zoning Commission and the City Council to please rezone our area to CB5 or leave CB2. S '~ 1 Nila Haug ca. Center 51 l, 517 & 521 E. Washington Street Iowa City, IA 52240 Dr. Jason Bradley Pierce King 505 E. Washington Street 520 E. Washington Street Iowa City, IA 52240 Iowa City~ IA 52240 506 E. College Street ;z ,' :~.,.:: Iowa City, IA 52240-5114 ' ~:~' :?_ ~ :: Nila Haug 517 East Washington Iowa City, IA 52240 August 3, 2005 Donald Anciaux Hello - I am writing to express my extreme concern regarding the down zoning of my properties located in the 500 block of East Washington Street. As I stated in the last meeting, I purchased my first house in 1976 because the property was zoned CB 2 and was suitable for a number of uses. At that time it was used as a home for displaced teens. In 1989 when Youth Homes purchased their own building, I moved into the house at 517 with the intent of having a bed and breakfast. At that time, Karin Franklin told me that I could not live in the house because it had to be a business. We got around that block because I was a real estate broker and I would have my office here. I guess she thought a Bed and Breakfast was not a business. Having had a successful bed and breakfast for 15 years now, not knowing how much longer my knees will keep running up and down stairs, and in anticipation of retirement, I contacted a realtor who prepared a market analysis of my properties for a possible sale. Based on the present zoning and the potential use at the present density, my three properties were valued in excess of 2 million dollars. If the density of the units and the number of occupants allowed per unit is reduced as proposed in the new zoning code, the value of my properties will be reduced by more than half because the value would only be for an old house at approximately $325,000 each. This is my only retirement. Down zoning to Mixed Use will be financially devastating to me. To clear up and simplify the number of different zoning area names, Mixed Use zone would be a good name for a number of the neighborhoods. However, please do not reduce the value of the properties by removing the allowable uses, sizes, and densities from the present zoning designations. Adding the new benefits of the proposed Mixed Use zone to the newly named zone areas would accomplish what I see as some of the intent of this zoning - to create a walkable, liveable, workable neighborhood as a buffer between the high density and tall buildings of the downtown and the lower density living situations to the east. The City planners essentially tried to down zone us by proposing our area to be a historic conservation district. Since that failed, the planners are now attempting to devalue our properties by down zoning. If someone living in the neighborhoods, which are subject to the proposed changes, had requested such changes to the planners, I would understand the reasons for the discussions now. However, I believe it is unconscionable for two young people who are shorter-term residents of Iowa City to make decisions, which create upheaval for residents who have put their hard work and earnings into their properties in hopes of a return when they retire. It is my opinion, if the down zoning is passed, the plan for the future will be for the city to take the properties in our neighborhood by eminent domain at the reduced value. I have been in Iowa City since 1976 and have witnessed first hand the underhanded and deceitful ways of some of the city employees who have tried to bully others and me into following their own agenda. I had asked for substantiation from the code and each time they were unable to deliver because their rules were not really in the code. Thankfully, most of these people have left the area. I believe it appears that someone in the city planning and zoning department is being pressured or bribed to artificially control the supply and demand of available rental units in the downtown area for the benefit of a wealthy developer at the expense of less wealthy and less powerful people who would like to more fully develop their own properties. As a way of objection, Robert Miklo and Karen Howard several times commented on the necessity of parking and indicated that at allowable CB 2 uses, we would be unable to provide the necessary parking spaces, and that if it were possible, why hadn't we developed our properties by now?. We have lived in, worked in, worked on, planned for (including parking requirements) and built up the equity in our properties, not to make a fast buck, but to enhance our investments. Now that we have the inherent equity, these city employees want to take it away We neighbors who are against this down zoning have lived in or worked in the properties we own, have maintained them in an excellent manner, and have been an example and an asset to the community of Iowa City. We deserve to be treated fairly and with consideration regarding the immense financial hardship this down zoning will create for all of us. On behalf of my neighbors and myself in this CB 2 neighborhood, I respectfully request that you vote against the down zoning to Mixed Use. Thank you for your consideration. Sincerely, August 4, 2005 TO: Donald Anciaux FROM: Dennis Nowotny RE: CB2 to CB5 Zoning The Memo presented just before the last meeting suggested some yielding on size density. But decreasing the number of roomers in half and more than doubling the required lot size is not acceptable for any CB2 lot. Any future Mixed Use zone cannot logically be allowed fewer roomers than are allowed in the lower density RM44 zone and certainly not a nearly 3 times increase of square footage requirements! If the Mixed Use zone is not more in line with the lower density RM44 and even lower density PRM areas, then all CB2 zones should be changed to CB5. The logic in sequence of existing zoning density from the lowest (RS4, RSS, RNC12, RM12, RNC20, RM44, PRM, CB2, CB5, CBIO) to the highest is not being followed in the proposed zoning changes. If proposed CB5 zone on i block of Market is allowed to abut a much lower density zone RNC12 (Bloomington Street), then CB2 (Washington/Van Buren and College/Van Buren) abutting Johnson/College can logically and reasonably be also be rezoned to CB5 abutting RM12o Consulting Engineers Civil Structural October 3, 2005 Iowa City - City Council 410 E. Washington St Iowa City, IA 52240 RE: Zoning Changes ; :. To Whom It May Concern: rcady to assistyo.- Included in this package are signed petitions against the proposed zoning of properties located just east of Ralston Creek between Burlington and Iowa Avenue. Pre-Design Planning Feas~ility Studies u~ation S~ies The signatures here are from 7 out of the 8 property owners which are affected by ConcePt Development Bridge Hydraulics this change in zoning. Schematic Design Cost Estimates Sincerely, Design Services S~c~iDes~. Mark Holtkamp, PE Bridge Design Civil Site Design NNW, Inc. Specifications Plan Issue Post-Design Services Bid Assistance Coordination Submittal Review Materials Testing Bridges Bridge Sounding Crane SYStem~ 506E. College Street O/d~,t ' ~'t.~ ,t~t/~5~e/'' 318S. Broadway Avenue Iowa City, Iowa 52240 ~ · Rochester, Minnesota 55904 319.351.2166 Phone C7 ,, (~/4t 507.281.5188 Phone 319.351.0256 Fax /'~ 507.281.5188 Pax ~ Ce.4't,~-// www.nnw-inc.com ATTENTION: IOWA CITY CITY COUNCIL I Nila Haug own the property(ies) at 511, 517 & 521 E. Washington St, Iowa City, IA 52240 which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property(ies) to Mixed Use. I want to protest this action. I object to the rezoning of my property(ies) from CB-2 to Mixed Use. Signed Dated .~' STATE OF ~~ , CO~TY OF ~~~ ss: On this ~ day of~, A.D. 20~, before me, the undersigned, a Nota~ Public in and for said state, personally appeared ~ [c'~ ~LC~ , to me ~o~ to be the person nmed in and who executed the foregoing instrument, ~d ac~owledged that he (she) executed the sine as his (her) volunta~ act and deed. j~_~('il~kt'd~~otary_ . Public in and for said stat~-k--~~~0~}~ml#l:~ ,u · ATTENTION: IOWA CITY CITY COUNCIL I Mark Holtkamp own the property(ies) at 506 E. College St, Iowa City, IA 52240-5114 which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property(ies) to Mixed Use. I want to protest this action. I object to the rezoning of my property(ies) from CB-2 to Mixed Use. STATE OF :l,~'~ , COUNTY OF 30 [FIPI,SOYl ss: On this ~ day of ~ ~ A.D. 20~ 5, before me, the undersigned, a Notary Public in and for said state, personally appeared .M_..~JM'~k.,Ir¥~-'tl~P~4> , to me known to be the person named in and who executed the foregoing instrument, and a'cknowledged that he (she) executed the same as his (her) voluntary act and deed. ..J~t,~~Notary Public in and for said state. ~qom~ ~ ATTENTION: IOWA CITY CITY COUNCIL I Dr. Jason Bradley own the property(ies) at 505 E. Washington St, Iowa City, IA 52240 which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property(ies) to Mixed Use. I want to protest this action. I object to the rezoning of my property(ies) from CB-2 to Mixed Sig ~>~ O. O~ ~C~ ~ i" STATE OF :r--.o~ , COUNTY OF ~o¥'w'~E:~rl ss: On this ,~ day of Oc~D_ I~-f~A.D. 20 Ct__~, before me, the undersigned, a Notary Public in and for said state, personally appeared ~ f'. ~C,J.~>6v'x '~> I'r:t~ I-tl,t , to me known to be the person named in and who executed the foregoing instrument, and ackn~r~wledged that he (she) executed the same as his (her) voluntary act and deed. [.~'.. I EVELYN M. CARDEN^S' I Notary Public in and for said state. [~-l~lCommission Number 702580I ¢ ~ ~1 My Commis~o~pim~ I ATTENTION: IOWA CITY CITY COUNCIL I Steven Trefz own the property(ies) at 505 & 507 E. College ST, Iowa City, IA 52240-5114 which is zoned CB-2. The city planning staff has recommended and the Planning & Zoning Commission has voted to eliminate CB-2 and down zone my property(ies) to Mixed Use. I want to protest this action. I object to the rezoning of my property(ies) from CB-2 to Mixed Use. Signed (?' _ ,' ~ ~¢~ _~© ,-- .r-'- Dated '~ ~'~'~>~/~' ~ '-<~rn,~ --o i'TI STATE OF ~ , COUNTY OF ,.~r~V3~{~''''h ss: On this .~'~-- day of ~)C,I~I~:~:I'~ A.D. 20 O~, before me, the undersigned, a Notary Public in and for said state, personally appeared j,~fiLq, co.~__'~lJ__0.2k~ , to me known to be the person named in and who executed the foregoing instrument, hn~ acknowledged that he (she) executed the same as his (her) voluntary act and deed. Joo~ ~, J EVELYN M, CARDENA~'-J Notary Public in and for said state. I~J~lCommlsaon NumberT0251101 r.,~._'l ~ coati.ion ~plm~ I Sc 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 REZONING PROPERTY FROM CENTRAL BUSINESS SERVICE (CB-2) ZONE TO CENTRAL BUSINESS SUPPORT (CB-5) ZONE AND PLANNED HIGH DENSITY MULTI-FAMILY RESIDENTIAL (PRM) ZONE FOR THE AREAS CURRENTLY ZONED CB-2 LOCATED SOUTH OF BURLINGTON STREET AND WEST OF LINN STREET. WHEREAS, the Planning and Zoning Commission and the City Council has determined that the Central Business Service (CB-2) Zone is inconsistent with the vision of the Comprehensive Plan for areas adjacent to the Central Business District; and WHEREAS, the Central Business Service Zone has been eliminated from the Iowa City Zoning Code and the Iowa City Zoning Map; and WHEREAS, areas zoned CB-2 must be rezoned to another appropriate zoning designation; and WHEREAS, according to the Iowa City Comprehensive Plan and associated Near Southside Neighborhood Redevelopment Plan, the areas currently zoned CB-2 located south of Burlington Street and West of Linn Street are primarily intended for high density multi-family housing and larger scale, high intensity commercial uses consistent with downtown Iowa City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classification of Central Business Service (CB-2) Zone to the zones indicated below: Original town of Iowa City, lots 7,8 and the northern 5 feet of lot 6 of Block 93 is reclassified to Central Business Support (CB-5) Zone; County Seat Addition, northern 70 feet of lot 8 of Block 9 is reclassified to Central Business Support (CB-5) Zone; County Seat Addition, lots 1, 2, 7, 8 of Block 7 is reclassified to Planned High Density Multi-Family (PRM) Zone; County Seat Addition, lots 5, 6, 7, and the western 60 feet of the southern 53.5 feet of lot 4 of Block 8 is reclassified to Planned High Density Multi-Family (PRM) Zone; SECTION II. ZONING MAP: The City Building Official is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and publication of this ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORDING: The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as Ordinance No. Page 2 provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 ,2005. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page ~ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum First Consideration 10/18/05 Vote for passage: AYES: Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard, Associate Planner Item: REZ05-00016: South CB-2 Areas Date: July 15, 2005 GENERAL INFORMATION: Applicant: City of Iowa City Contact Person: Karen Howard, Associate Planner Phone: 356-5251 Requested Action: Rezoning from Central Business Service (CB-2) to Central Business Support Zone (CB-5) and Planned High Density Multi-Family Residential (PRM) Purpose: Elimination of the CB-2 Zone from Zoning Ordinance Location and Existing Land Use: All properties are currently zoned CB-2. See legal description for exact location. The addresses and businesses listed below are intended for information purposes only and are subject to change over time. ISTREET ADDRESS BUSINESS NAME IUSE TYPE PropoSed Zoning 25 W. Burlington Street Kum & Go quick vehicle servicing and CB-5 convenience store 316 S. Madison Street Lovetinski Harapat Auto Service Vehicle repair CB-5 500 S. Dubuque Street Willis Law Office office CB-5 114 E. Prentiss Street Islamic Society of Iowa City Religious institution PRM 118 E. Prentiss Street Rooming House, MF Group Living/Multi-Family PRM 508-510 S. Clinton Street General office/MF Office/Multi-Family PRM 516-518 S. Clinton Street General office/MF Office/Multi-Family PRM 522 S. Clinton Street General office/MF Office/Multi-Family PRM 528 S. Clinton Street !General office Office PRM 530 S. Clinton Street Multi-Family Residential Multi-Family PRM 504 S. Capitol Street Multi-Family Residential Multi-Family PRM 510 S. Capitol Street Single family residential Single family PRM 514 S. Capitol Street Duplex Two Family use PRM 518 S. Capitol Street Rooming house Group Living PRM 520 S. Capitol Street Rooming house Group Living PRM 4 E. Prentiss Street Duplex Two Family Use PRM 7 E. Harrison Street Duplex Two Family Use PRM Surrounding Land Use and Zoning: North: mixed central business zone uses, CB-5/CB-10 zones South: general commercial and multi-family uses, PRM; CC-2 East: Multi-Family Residential, nM-44 2 West: Various public uses; University-owned property Comprehensive Plan: This area is located in the Downtown Planning District and the Near Southside Neighborhood Redevelopment Plan area. This area is generally intended for higher density multi-family residential uses. File Date: July 14, 2005 BACKGROUND INFORMATION: In the proposed Zoning Code, the CB-2 Zone has been deleted in order to reduce the number of zoning classifications within the code and thus simplify the ordinance. If this zone is eliminated areas that are currently zoned CB-2 will need to be rezoned to another appropriate zoning classification. There are three general areas of the City that are zoned CB-2: · North CB-2 Areas: An area north of downtown roughly bounded by Dubuque and Linn Streets on the west, the alley between Jefferson and Market Streets on the south, Gilbert Street on the east, and the alley between Davenport and Bloomington Streets on the north. The block bounded by Dubuque, Market, Linn and Jefferson Streets was recently rezoned from CB-2 to CB-5. (See the attached map labeled "North CB-2 areas.") · East CB-2 Areas: An area east of downtown roughly bounded by Van Buren Street on the west, the alley between Jefferson Street and Iowa Avenue on the north, a line running parallel to and approximately 80 feet to the west of Johnson St, and Burlington Street on the south, but also including property at the southwest corner of the intersection of Burlington Street and Van Buren Street. (See the attached map labeled "East CB-2 areas"). · South CB-2 Areas: Various disconnected, smaller parcels located generally south of Burlington Street and north of Prentiss Street (See attached map labeled "South CB-2 areas"). This rezoning application addresses the third of the three areas listed above, the south CB-2 areas, as illustrated on the attached location map. This area contains a concentration of high density residential uses, various government offices and facilities, with some office uses mixed in. South of this area, the uses transition to a mix of general and intensive commercial uses. Vehicle traffic is heaviest on Burlington Street. Other streets in this area tend to serve local businesses, government offices, and residential properties and are less traveled than Burlington Street or Gilbert Street, which borders this area on the east. ANALYSIS: Comprehensive Plan: This area is a part of the Near Southside Neighborhood located just south of downtown. A redevelopment plan was adopted for this area in 1992. Only pockets of CB-2 Zoning remain in this area of the City. A number of properties in this general vicinity have been rezoned over the last several years for the development of high density multi-family residential uses. The redevelopment plan indicates that high density residential uses and government uses are appropriate in the areas bounded by Harrison Street, S. Dubuque Street, Prentiss Street, and Capitol Street. Proposed Rezoning: There are a number of zoning designations that could replace the CB-2 designation. When considering the best fit for particular properties, staff looked at the surrounding zoning, the existing land uses in the area, and how a particular zoning might affect the surrounding neighborhood. Another important consideration is whether a new zoning designation would create nonconformities and how that might affect future development or redevelopment of property. The attached map entitled South CB-2 Areas, indicates staff's recommended zoning pattern for this area. The reasoning behind the proposed zoning is described below and is illustrated on the attached map. Central Business Support (CB-5) Zone: The CB-5 is intended to allow for the orderly expansion of 3 the Central Business District and to enhance the pedestrian orientation of the central area of the City. This zone is intended to accommodate a higher density of commercial uses than would be allowed in the CB-2 Zone, but less than what is allowed in the CB-10 Zone. The floor area ratio (FAR) allowed in the CB-5 Zone is 3, but may be increased through bonus density provisions up to 7. Buildings can be up to 75 in height. CB-5 would allow for a density and scale similar to that found downtown and on University property. The mixture of land uses permitted in this zone requires special consideration of building and site design. CB-5 zoning is proposed for the CB-2 properties that are located at the corner of Burlington Street and Madison Street. This corner contains a gas station and an auto repair shop. CB-5 zoning allows gas stations, but the auto repair shop would become nonconforming. While separated from nearby CB-5 zoning by the Pentacrest apartments, which are zoned RM-44, this area is appropriate as an extension of the downtown area located on Burlington Street, a major arterial street. CB-5 zoning is also proposed for the parcel located at the corner of S. Dubuque Street and Harrison Street as shown on the attached location map. This is a leftover parcel of CB-2 land. It contains a fairly new office building that is not likely to redevelop any time in the near future. The scale of development is consistent with surrounding high density residential uses and government offices and facilities. Rezoning this parcel to CB-5 would keep this property conforming. Planned Hiqh Density Multi-Family Residential (PRM) Zone: The purpose of the Planned High Density Multi-Family Residential Zone (PRM) is to provide for development of high density multi-family housing in close proximity to centrally located employment, educational, and commercial uses. Because of the high density of development anticipated in this zone, special consideration of building and site design is required. Density bonuses may be granted when additional amenities are provided Establishing a pleasant, safe and efficient pedestrian environment is important, since many of the City's primary destinations are within walking distance of properties zoned PRM. Many types of group living and institutional uses are allowed in this zone. Properties located along Clinton, Prentiss, and Capitol Streets are currently a mix of multi-family and office uses. Staff finds that PRM zoning is the most appropriate for these properties. They would be a logical extension of the existing PRM zone directly to the south. The properties along Clinton Street are designated as high density residential in the Near Southside Land Use Plan. Properties along Capitol Street are designated for future government uses. However, until and unless these properties are acquired by a government entity, they cannot be zoned Public. PRM zoning is consistent with existing use of the property and with surrounding zoning and uses. STAFF RECOMMENDATION: Staff recommends that all the CB-2-zoned properties located south of Burlington Street, west of Linn Street, and east of Madison Street be rezoned to Central Business Support (CB-5) and Planned High Density Multi-Family Residential (PRM), as illustrated on the attached location map. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development P RM44 COURT ST HARRI$0N PRENTISS ST I K~ ~ CB-5, Central Business Support ~ PRM, Planned High Density Multifamily ~ Hi~torio L~ndmark SITE LOCATION: South CB2 aroas, Proposod Zoning Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (REZ05-00017) ORDINANCE NO. AN ORDINANCE TO REZONE PROPERTIES CURRENTLY ZONED RESIDENTIAL FACTORY-BUILT HOUSING (RFBH) ZONE, TO PLANNED DEVELOPMENT HOUSING-HIGH DENSITY SINGLE-FAMILY (OPDH-12) ZONE (REZ05-0001?). WHEREAS, the City of Iowa City, has requested a general rezoning of propedies which are currently zoned RFBH to OPDH-12 in order to remove redundant zoning categories; and WHEREAS, the Planning and Zoning Commission has found that the current code includes a separate category and standards for manufactured housing parks; and WHEREAS, typical, zoning rules are not easily applied to these types of developments; and WHEREAS, the Planning and Zoning Commission has found that manufactured housing parks are not dissimilar to condominium planned developments, where the dwelling units are separately owned but the land and surrounding facilities are owned in common; and WHEREAS, the .Planning and Zoning Commission has found the RFBH zone similar to the OPDH-12 zone in that a specific site plan is required for new development; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning of RFBH to OPDH-12, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The parcels described below are hereby reclassified from their current zoning designation of Residential Factory Built Housing (RFBH), to Planned Development Housing-High Density Single Family (PDH-12): All that part of the NE ¼ of the NE ¼ of Section 4, Township 79 North, Range 6W in Johnson County, Iowa, except the SE ¼ of the NE l/, of the NE ¼ and the SW ¼ of the NE ¼ of the NE ¼ of said Section 4, and except 4-1/2 acres from the NE ¼ NE ¼ NE ¼ and NW ¼ NE ¼ NE ¼ taken by the State of Iowa for highway purposes with the north property line described as follows: starting at a point on the west line of NE ¼ NE ¼ that is 140 feet south of the centerline of Interstate 80, thence to a point 75 feet radially distant southerly from the edge of concrete at Station 2905+51.6 on Ramp B, thence to a point 60 feet radially distant southerly from the edge of concrete at State 2910+00, thence parallel to the edge of concrete on Ramp B 60 feet distant southerly to a point on the east line of Section 4. And, Lot 2 of Padens Re-subdivision of Lots 1 and 4 of Charles Subdivision of the SW1/4 of Section 22, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in Plat Book 1, page 138 of the Plat Records of Johnson County, Iowa, excepting therefrom the following described tract, to-wit: Beginning at the northwest corner of said Lot 2, thence east on the north line of said Lot 2, 650 feet, thence south 2 degrees 40 minutes east 134 feet thence west 160 feet, thence north 2 degrees 40 minutes east 134 feet to the place of beginning; also excepting the following described tract, to-wit; Commencing at a point on the east line of the public highway, which point 134 feet south 2 degrees 40 minutes west of the northwest corner of said Lot 2 of said Paden's Re-subdivision aforesaid, thence South 89 degrees 25 minutes East 252 feet; thence south 2 degrees 40 minutes west 153.5 feet, thence North 89 degrees 25 minutes west 12 feet; thence south 2 degrees 40 minutes west 80 feet, thence North 89 degrees 25 minutes west 240 feet, thence north 2 degrees 40 minutes east 233.5 feet to the place of beginning. And, Residence and mobile home park located at 2254 South Riverside Drive, Iowa City, Iowa, legally described as: Lot 3 in Paden's Subdivision of Lots 1 and 4, Charles Subdivision of the SW1/4 of Section 22, in Township 79 North Range 6 West of the 5th P.M. excepting therefrom the following tract, to-wit: Beginning 202 feet southwesterly from the Nodhwest corner of said Lot 3 of Paden's Subdivision aforesaid, thence South 85 degrees 52 minutes East 384 feet, thence South 17 degrees 10 minutes West 549 feet to the original South line of said Lot 3, thence North 76 degrees West 215 feet, thence North 5 degrees 30 minutes West 360.5 feet, thence easterly 21 feet, thence North 2 degrees 40 minutes East 142 feet to the place of beginning, the area of said excepted tract being 3.70 acres, and the tract conveyed by this deed containing 16.3 acres more or less. And, Beginning at the Southeast corner of Lot three (3) of the Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section Twenty-Two (22), Township seventy-nine (79) North, Range Six (6) west, of the 5th P.M.; Thence N76°42'52" W, along the southerly line of said Lot 3, a distance of 88.94 feet; Thence N16°31'56"E, 780.57 feet, to a point on the northerly line of said Lot 3; Thence S80°01'58"E, 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top' of Bank of said Iowa River. Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 193.34 feet, S16°32'12"W, of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and is located 254.45 feet, S00°36'13", of the previous witness marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12°39'26'~N, of the previous witness marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River at its intersection with the southeasterly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River, and which marker is located 252.21 feet, S16°57'57'~/V, of the previous witness marker; Thence from said Mean High Water Mark, N76°42'52'~/V, along said southerly line 347.29 feet, to a point of Beginning. Said parcel of land contains 7.17 Acres more or less and is subject to easements and restrictions of record. And, Commencing at the Southeast corner of Section 24, Township 79 North, Range 6 West of the 5th Principal Meridian; thence due West along the South line of said Section 24, 3217.31 feet to the point of beginning; thence West, 773.24 feet; thence North 01 °30'22" East, 682.39 feet; thence East, 773.24 feet; thence South 01 °30'22" West, 682.39 feet to the point of beginning. Said tract of land containing 12.11 acres. E % SW ¼, that part thereof lying south of U.S. Highway 6 excepting the east 25 feet thereof and more particularly described as follows Commencing at the south quarter corner of said Section 24, thence on an assumed bearing due west 25.00 feet to the point of beginning, thence N 01°30'24" E, 1622.11 feet to a point of the south right of way line of said U.S. Highway 6, thence northwesterly along said right of way line on a 5790 foot radius curve concave to the northeast to a point bearing on a long chord 1393.18 feet N 51°11'17" W, of the preceding point, thence N 78°38'14" W, 186.24 feet to a point on the west line of said E ~ SW 1/4 , thence S 1°30'22'' W, 2532.53 feet to a point at the southwest corner of said E % SW 1/4, thence due east on the south section line of said Section 24, 1292.35 feet to the point of beginning, subject to easements and restrictions of the record. And, Beginning at a point on the east line of the public highway known as the Sand Road, which point is located as follows: Commencing at the intersection of the east line of said highway with the north line of Section 22, Township 79 North, Range 6 West of the 5th P.M., thence south 6 degrees 50 minutes east 447.5 feet along the east line of said highway, thence southerly along a 9 degree 28 minute curve with a 606 foot radius concave westerly 269.4 feet along the east line of said highway to the said point of beginning, from thence due east 992.4 feet, thence due south 607.6 feet to the south line of the N ~ of the NE ¼ of said Section 22, thence west along south line to the southwest corner of said Nl/2 of NEll4, thence north along the west line of said N ~ of NE ¼, to the intersection of said west line with sthe north line of the south 7 acres of the east 40 acres of Government Lot 1 in the said Section 22, thence west along said north line to the east line of the said public highway, thence northeasterly along the east line of said public highway to the place of beginning. Johnson County, Iowa. And, Commencing at the northeast corner of Sec. 3, Twp. 79 N., R. 6 West of the 5th P.M., thence north 88° 13' West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence north 88° 41' west 36.6 feet to an iron pin on the road right of way line, thence continuing north 88° 41' west 637.4 feet to an iron pin at the northwest corner of the tract; thence south 1 ° 07' east 162.9 feet to an iron pin at the southwest corner of the tract; thence south 88° 25' east 710.6 feet to an iron pin on the westerly road right of way line; thence continuing south 88° 25' east 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30° 03' west 57.5 feet along the centerline of the road; thence northerly 128.0 feet along a 573.7 foot radius curve concave easterly to the place of beginning. Excepting any part of said premises conveyed to the State of Iowa by warranty deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Excepting that portion described as follows: A portion of the Northwest quarter of the Northeast quarter and a portion of the Northeast quarter of the Northeast quarter of Section 3, 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 North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89°30'00"E, along the North line of the Northeast quarter of said Section 3, a distance of 1279.40 feet to the point of beginning; Thence continuing N89°30'00"E, along said North line, 224.59 feet; thence southwesterly, 114.62 feet, along an arc of a 367.00 foot radius curve, concave southeasterly, whose 114.15 foot chord bears S42°40'40"W; Thence S33°43'51"W, 97.64 feet; Thence S89°28'15'~/V, 100.53 feet; Thence N03°14'55"W, 143.55 feet; Thence N37°02'18"E, 26.03 feet to a point on said North line of the Northeast quarter and said point of beginning, containing 0.61 acres, and is subject to easements and restrictions of record. And, Lot 4 and Lot 6 of subdivision named Saddlebrook, Part II, excluding the portion described below: Lot 7 and 8 and a portion of Lot 4 and 6 of Saddlebrook's Second Addition lying in the NW ¼ NE ¼ and the SW ¼ NE l/~ Section 25, T. 79, R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Commencing at the Center of said Section 25; thence N00°17'21"E - 1006.38 feet along the west line of said SW ¼ NW ¼; thence S90°00'00"E - 17.78 feet, also being the Point of Beginning of the parcel herein described: thence N00°59'52'~N - 128.03 feet; thence N37°50'18"W - 20.00 feet; thence northeasterly - 37.99 feet along a 49.00 foot radius curve concave northwesterly with a central angle of 44°25'15'' and a chord of N29°57'04"E - 37.04 feet; thence N07°44'27"E - 509.63 feet; thence N09°06'36"E - 75.25 feet; thence northeasterly- 32.68 feet along a 1490.00 foot radius curve concave easterly with a central angle of 01°15'24" and a chord of N11°ll'03"E - 32.68 feet; thence northwesterly - 85.52 feet along a 162.93 foot radius curve concave westerly with a central angle of 30004'23'' and a chord of N05°04'34"W - 84.54 feet; thence N20°09'17'~/- 23.84 feet; thence northeasterly- 32.65 feet along a 25.00 foot radius curve concave easterly with a central angle of 74°49'19'' and a chord of N17°15'22"E - 30.38 feet; thence northeasterly - 127.57 feet along a 126.00 foot radius curve concave northwesterly with a central angle of 58°00'43'' and a chord of N25°39'40"E - 122.19 feet; thence N03°20'41'~N - 192.32 feet; thence northwesterly - 205.75 feet along a 312.00 foot radius curve concave southwesterly with a central angle of 37°47'01" and a chord of N22°14'12"W - 202.04 feet; thence northerly - 34.87 feet along a 25.00 foot radius curve concave easterly with a central angle of 79°55'30" and a chord of N01°09'57'~N - 32.11 feet; thence N38°47'48"E - 52.23 feet; thence northeasterly - 34.27 feet along a 267.50 foot radius curve concave southeasterly with a central angle of 07°20'22" and a chord of N41°48'18"E - 34.24 feet; thence northeasterly - 114.84 feet along a 267.88 foot radius curve concave southeasterly with a central angle of 24°33'47" and a chord of N57°46'55"E - 113.96 feet; thence N70°04'20"E - 157.38 feet; thence easterly- 14.26 feet along a 30.00 foot radius curve concave southerly with a central angle of 27°13'37" and a chord of N83°41'08"E - 14.12 feet; thence S20°31'09"E - 60.07 feet; thence S22°26'14"E - 89.62 feet; thence S20°31'09"E - 75.79 feet; thence southerly - 168.42 feet along a 470.00 foot radius curve concave westerly with a central angle of 20°31'53" and a chord of S10°15'12"E - 167.52 feet; thence S00°00'45"W - 22.34 feet; thence N89°57'39"E - 173.42 feet; thence S00°02'21"E - 1038.77 feet; thence S67°52'28"W - 315.94 feet; thence westerly - 365.13 feet along a 960.00 foot radius curve concave northerly with a central angle of 21 °47'32" and a chord of S78°39'35"W - 362.94 feet to the Point of Beginning. Said parcel contains 13.57 acres. SECTION Ii. ZONING MAP. The Building Official 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. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 unconstitutional. SECTION VII. 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 , 2005. MAYOR ATTEST: CITY CLERK Cit~,~t(o~n'ey's (~ffice Ordinance No. Page ~ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration ].0/18/05 Vote f or passage: AYES: Lehman, O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City MEMORANDUM Date: July 21, 2005 To: Planning and Zoning Commission From: Robert Miklo Re: REZ05-00017 RFBH to OPDH-12 In an effort to remove redundant zoning categories, the draft zoning code proposes the elimination of the Residential Factory Built Housing (RFBH) Zone. The current code includes a separate category and standards for manufactured housing parks, primarly due to the fact that the land is not subdivided into individual lots for sale, but instead is divided into lease lots. Residents generally own the dwellings, but not the underlaying land. Typical zoning rules are not easily applied to these types of developments. Manufactured housing parks are not dissimilar to condominium-style planned developments, where the dwelling units are separately owned, but the land and surrounding facilities are jointly owned in common. The RFBH zone is also similar to the Planned Development Overlay (OPDH) Zone in that a specific site plan is required for new development. The density permitted by the RFBH zone is approximately the same as the High Density Single-Family Residential (RS-12) Zone. Therefore areas of the city that are currently zoned RFBH are proposed to be rezoned OPDH-12 and the RFBH zone would be eliminated from the zoning map. Existing RFBH areas include the Hilltop, Forest View, Bon Aire, Saddlebrook, Michael F. Camp, Baculis and Thatcher Mobile Home Parks. Location maps showing each the RFBH zones in the City are attached. The existing RFBH property owners will not be required to make any changes to their properties as a result of the proposed changes to the zoning map. If major redevelopment of these areas is proposed in the future, the applicant would be required to submit an OPDH rezoning plan rather than a Manufactured Housing Site Plan as currently required by RFBH zone. The specific requirements such as setbacks, area and parking for a manufactured housing park are contained in Section 14-3A-6 of the draft zoning code. With a few exceptions these requirements are essentially the same as those required by the RFBH zone. The current RFBH zone allows limited commercial uses intended to serve the area residents. These same types of commercial uses could be included in an OPDH application. Staff recommends that the zoning map be revise~l to remove the RFBH zone and to rezone exiting RFBH properties to OPD~ ~(~ ^..rove Karir~ Franklin, Director Depa~rtment of Panning and Community Development Fa/r- ~ m eodo Po,-k CN1 I1 Proc tot Gomble '~ ~ I'Sp er Worehouse RS8 LOCATION MAP Saddlebrook and Bon Aire RFBH to OPDH-12 ~ ~ I Pork ' LOCATION ~ Baculis and Thatcher RFBH to OPDH-12 LOCATION ~P Forest View RFBH to OPDH-12 ~ ' I I_ 002 44 LOCATION ~ Hilltop RFBH to OPDH-12 CITY OF IOWA CITY CORPORATE LIMITS RS5 ~R~A~ Shimek IDRS RS5 Sch o ol P SITE LOCATION: 1705 Prairie du Chien Road RFBH to OPDH-12 Se Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00010) ORDINANCE NO.. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE 'FAMILY (RS-8) TO PLANNED DEVELOPMENT HOUSING OVERLAY - MEDIUM DENSITY SINGLE FAMILY (OPDH-8) FOR LOTS LOCATED ON LONGFELLOW PLACE WITHIN THE LONGFELLOW MANOR SUBDIVISION WHEREAS, the Zoning Code is being revised to make the RS-8 zone primarily a small-lot single family zone; and WHEREAS, Longfellow Manor has been platted and designed primarily for duplexes; and WHEREAS, the Planning and Zoning Commission has recommended approval of a rezoning from RS-8 to Planned Development Housing Overlay - 8 (OPDH-8) to allow the continuation of the existing pattern of duplex development within Longfellow Manor Subdivision; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 'IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to OPDH-8. Longfellow Manor, Lots 6-16 SECITON I1. VARIATIONS. Section 14-6K-1 of the City Code provides that variations in zoning and subdivision requirements may be approved for planned development housing overlays to permit the clustering of density. The following variations from the RS-8 zoning requirements are hereby approved as part of the planned development housing overlay for Longfellow Manor: ..,a. Duplexes will be permitted. b. Duplexes will be allowed to face both the public street, Longfellow Place, and the private street, Longfellow Court. SECTION Ill. ZONING MAP. The Building Official is hereby authorized and directed to change the zomng 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. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of ,20~ MAYOR ATTEST: CITY CLERK City Attorney's Office ppcladm/ord/R EZ05-00010.doc Ordinance No. Page .. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 10/].8/05 Voteforpassage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City MEMORANDUM Date: August 12, 2005 To: Planning and Zoning Commission From: Robert Miklo Re: REZ05-00010 Longfellow Manor At the August 4, Planning and Zoning Commission meeting, additional information was requested regarding: 1) The zoning history of Longfellow Manor and 2) A comparison of the requirements of the Medium Density Single-Family, RS-8, zone and proposed Planned Development Housing Overlay, OPDH-8, zone. The Longfellow Manor area contains 7.64 acres. The property was used primarily for manufacturing from the early 1900s to the early 1990s. The most recent industrial occupants of the property were Advanced Drainage Systems (ADS), a drainage pipe manufacturer, and Iowa-Illinois Gas and Electric Company. The area was zoned for industrial uses from the time the City adopted a zoning ordinance until 1992 when the former ADS property was rezoned to RS-8 at the request of the Longfellow Neighborhood Association. In 1994 the former Iowa-Illinois Gas and Electric property was also rezoned to RS-8. The Longfellow Manor subdivision was approved in 1995. The subdivision consists of 20 lots and an Outlot for public open space. All of the lots within Longfellow Manor contain a minimum of 8,700 square feet. A copy of the plat is attached. The attached table compares the requirements of the RS-8 zone (per the draft zoning code) and the OPDH-8 proposed for Longfellow Manor. The proposed OPDH plan essentially will allow the existing pattern of development in Longfellow Manor to continue on the vacant lots. CITY OF I0~ CITY SHERIDAN AVE SITE LOCATION: Longfellow Manor RS-8 to OPDH-8 August 12, 2005 Page 2 COMPARISON OF PROPOSED RS-8 ZONE AND LONGFELLOW MANOR OPDH-8 RS-8 Lonqfellow Manner OPDH-8 Minimum Lot Area for Single-Family 5,000 sq. ft. 5,000 sq. ft. Minimum Lot Area for Duplex 8,700 sq. ft. 8,700 sq. ft. Minimum Front Yard 15 feet 15 feet Minimum Side Yard 5 feet 5 feet Minimum Rear Yard 20 feet 20 feet Maximum Building Height 35 feet 35 feet Maximum Building Coverage 45% 45% Minimum Lot Width 40-55 feet 40-55 feet New Duplexes Allowed Corner Lots Only All Lots IOWA CITY, IOWA I m .:~ .... ~'~ ~o~, .... ~..- ~'"~*'~'~ SHERIDAN A~NUE / ~ LEGEND AND NOTES '""" ~ 19. ~ "i ~ '-~ 4 ~, ,.~.~ """ *: 15' , ~ ~ ' ',13 8 ' 9 11 ""'-- ' .... 10 ...... ?, R = ,,,2.00' c. N71q7'10"W ~ = 07~9'51' BEOINNING L C ~ 555,99' N67~4'~'W h~. ~, ~ of ~ ~re ~ ~ ~ ~T~ ~P~ ~t~ 0~ ~t~ ~(, T~;p ~ S~. ~ S ~ 0~ ~ n~ P,'.C~ ~- ~ City of Io~ CiLy th. N~w[ C ..... Lot 1. a OCk 6. of the P,at ~' IOWA C~Y, IOWA .~ ~,~c~ o 6f Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00011) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED ON DODGE STREET COURT WITHIN JACOB RICORD'S SUBDIVISION. WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that portions of Jacob Ricord's Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. A Resubdivision of portions of Lots 5 and 6, Jacob Ricord's Subdivision. SECTION II. ZONING MAP. The Building Official 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, 'at the City's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 ppdadm/ord/REZ05-O0011 .doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration 10 / 18 / 0 5 · Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published City of Iowa City MEMORANDUM Date: July 21, 2005 To: Planning and Zoning Commission From: Robert Miklo Re: REZ05-00010 to REZ05-00013 - RS-8 to RS-12 Longfellow Manor, Whispering Meadows, East Hill Subdivision and Jacob Ricord's Subdivision The draft zoning code proposes that construction of new duplexes and attached zero-lot line dwellings in the RS-8 zone be limited to corner lots. Construction of new duplexes or attached zero-lot line dwellings on lots that are interior to the block will not be permitted. Existing duplexes and zero-lot lines will not be affected by the change. Because some recent subdivisions were designed for zero-lot line or duplex dwellings and there are still vacant lots within these subdivisions, staff is proposing to rezone these areas from RS-8 to High Density Single-Family (RS-12). The RS-12 zone will allow duplexes and zero-lot dwellings on the interior lots as well as corner lots. In addition to duplexes, the RS- 12 zone allows attached single-family homes (townhouses). The lot area requirement for townhouses and duplexes in the RS-12 zone is 3,000 square feet compared to 4,350 square feet in the RS-8 zone. As a result there may be some lots or combination of lots where an increase in density may be achieved as a result of the proposed RS-12 zones. However given existing lot configurations in these areas, staff believes that increases in density will rarely if ever occur. The areas proposed for rezoning from RS-8 to RS-12 are Longfellow Manor, the southern portion of Whispering Meadows, East Hill Subdivision (Catskill Court) and Jacob Ricord's Subdivision (Dodge Street Court). Location maps are attached. Staff recommends that REZ05-00010 through REZ05-00013 to rezone Longfellow Manor, Jacob Ricord's Subdivision, East Hill Subdivision and portions of Whispering Meadows Subdivision from RS-8 to RS-12 be approved. / Kari¢ Franklin, Director Department of Panning and Community Development 7'WOOD DFR , COl I b4USCATINE- AVE I SITE LOCATION: East Hill Subdivision RS-8 TO RS-12  H/ckor_,v 2 f H/// SITE LOCATION: dacob ~icord"s Subdivision BS-8 TO ~8-12 ~ o z < ~CI OW~ WHI~ ~ RS8 SITE LOCATION: Whispering Meadows RS-8 TO 8S-12 Prepared by: Robed Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00012) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED ON CATSKILL COURT WITHIN THE EAST HILL SUBDIVISION. WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that the East Hill Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. East Hill Subdivision SECTION II. ZONING MAP. The Building Official 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 CityfAtt6~eY's O~ce ppdadm/ord/REZ05-O0012,doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ05-00013) ORDINANCE NO. AN ORDINANCE REZONING PROPERTY FROM MEDIUM DENSITY SINGLE FAMILY (RS-8) TO HIGH DENSITY SINGLE FAMILY (RS-12) FOR LOTS LOCATED SOUTH AND EAST OF WHISPERING MEADOWS DRIVE WITHIN THE WHISPERING MEADOWS SUBDIVISION, WHEREAS, the Planning and Zoning Commission has recommended a revision to the zoning ordinance to make the RS-8 zone primarily a small lot single family zone. WHEREAS, the Planning and Zoning Commission has recommended that portions of Whispering Meadows Subdivision be rezoned to RS-12 to allow continuation of the existing pattern of duplex development; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from its current zoning classification of RS-8 to RS-12. Whispering Meadows Subdivision, Part Two, lots 76 to 95, and lots 137 to 167 and Whispering Meadows Subdivision, Part Three, lots 96 to 136. SECTION II. ZONING MAP. The Building Official 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the City's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. 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 unconstitutional. SECTION VI. 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 ppdadm/ord/REZ05-00013.doc Ordinance No. Page ~ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration ~0/[8/05 Voteforpassage: AYES: Vanderhoef, Wilburn, Bailey,Champion,Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 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 5th day of October, 2005, in Emma J. Harvat Hall, 4'10 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: An ordinance amending Title '14 entitled "Unified Development Code" by repealing chapters 4, 6 and 9 and replacing them with the new Title '14 Zoning Code, amending portions of chapters '1 and 5, renumbering chapters 1, 2, 3, 5, 7, 8, 10 and '11, and repealing Chapter '12. A Copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE" BY: REPEALING CHAPTERS 4, 6 AND 9 AND REPLACING THEM WITH THE NEW TITLE 14 ZONING CODE, AMENDING PORTIONS OF CHAPTERS 1 AND 5, RENUMBERING CHAPTERS 1, 2, 3, 5, 7, 8, 10 AND 11, AND REPEALING CHAPTER 12. WHEREAS, the Comprehensive Plan provides a vision for future development of Iowa City's neighborhoods, commercial and industrial districts and public spaces; and WHEREAS, the Plan envisions healthy neighborhoods providing an array of housing options for the city's diverse population, preservation of historic neighborhoods and landmarks, attractive and vibrant commercial districts, economically sound industrial districts, preservation of environmental assets and accessible trails, parks and open space; and WHEREAS, the Zoning Code adopted in 1983 does not contain the tools necessary to implement the vision of the Comprehensive Plan; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of a new Zoning Code based on the Comprehensive Plan; and WHEREAS, the City Council wishes to update the Zoning Code to implement the Comprehensive Plan; and WHEREAS, it is necessary to amend other chapters of the Code to be consistent with the proposed Zoning Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. By repealing Title 14, "Unified Development Code," Chapter 4, Land Control and Development," Chapter 6, "Zoning," and Chapter 9, "Development Fees," and substituting in lieu thereof the "TITLE 14, ZONING CODE" attached hereto and incorporated herein by this reference. Ordinance No. Page 2 B. By renumbering Title 14, Chapter 8, "Airport Zoning," to Title 14, Chapter 6 within the "TITLE 14, ZONING CODE" attached hereto. C. By renumbering and renaming Title 14, Chapter 7, "Land Subdivision." D. By renumbering Title 14, Chapter 1, "Streets, Sidewalks and Public Right of Way" and amending it as follows: :1. Section 14-1A-7 is deleted in its entirety and substituted in lieu thereof is the following: "No person shall construct or cause to be constructed any encroachment into or over the public right of way, except as specifically allowed by City Code. For any such encroachment into or over the public right of way that is specifically allowed by City Code, including signs, buildings, and other structures, a Use of Public Right-Of-Way Agreement must be signed by the property owner and approved by the City as a part of the approval process." 2. Section 14-1B is deleted in its entirety and substituted in lieu thereof is the following: Before any person shall cut any curb on any street in the City, the person shall first obtain an Access Permit from the Department of Public Works, which permit shall be issued only on condition that the curb cutting be done in accordance with the provisions of Article 14-5C of the City Code, Access Management Standards. 3. Section 14-1C-2 is deleted in its entirety and substituted in lieu thereof is the following: Sidewalks must be located within the public right-of, way so that the line of the inner edge of the sidewalk is one foot from the property line. In cases where there is practical difficulty meeting this location standard, the City Engineer may modify the location of a sidewalk. 4. Section 14-1C-3A is deleted in its entirety and substituted in lieu thereof is the following: Sidewalks must be constructed, reconstructed and repaired in accordance with the Iowa City Municipal Design Standards, as amended. 5. Section 14-1C-3C is deleted in its entirety and substituted in lieu thereof is the following: The City Engineer may order the repair, replacement, or reconstruction of a public sidewalk upon written notice and as provided by State Law. Such order and written notice shall constitute issuance of a permit as required in subsection B, above. 6. Section 14-1E-1 is deleted in its entirety. 7. Section 1,~-1E-2 is renumbered to 14-1E-1 and amended by deletion of the definitions for "Sign" and "Signs in Public Places" and substitution in lieu thereof the following definitions: "S:[GN: As defined in Article 14-9C, Sign Definitions" and "PUBLTC PLACE: Any public street, way, place, alley, sidewalk, park, square, plaza and City-owned right of way or any other public property owned or controlled by the City and dedicated for public use." 8. Section 14-1E-3 is deleted in its entirety and substituted in lieu thereof as section lZNiE-2 is the following: "RESTRICTIONS: No privately-owned signs shall be placed on or over a public place, except as provided for in Section 14-5B-10 of the City Code." 9. Section 14-1E-4 is deleted in its entirety. Ordinance No. Page 3 E. By renumbering Title 14, Chapter 2, "Public Utilities and City Right of Way." F. By renumbering Title 14, Chapter 3, "City Utilities." G. By renumbering Title 14, Chapter 10, "Standards For Public Works Improvement Projects." H. By renumbering Title 14, Chapter 11, "Penalties." I. By deleting Title 14, Chapter 12, in its entirety. J. By renumbering Title 14, Chapter 5, "Building and Housing" and amending it as follows: 1. Section 14-5H is deleted in its entirety, and substituted in lieu thereof is the "SITE PLAN REVIEW" attached hereto and incorporated herein by this reference. SECTION II. ZONING MAP. Upon final passage, approval and publication of this Ordinance, as provided by law, because this ordinance redesignates "Residential/Office Zone (R/O)" to "Mixed Use Zone (MU)", and "Public Zone (P)" to "Neighborhood Public Zone (P-l)" and "Institutional Public Zone (P-2)," the Building Official is hereby authorized and directed to change references on the zoning map of the City of Iowa City, Iowa, accordingly. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this __ day of ,20 ATTEST: CITY CLERK S:/LEGAL/Mitch/B/Zoning Code Rewrite/Ordinance/New Zoning Code Ordinance ZONING CODE text Previously distributed in 9/20/05 Regular City Council Meeting Folder Agenda Item # 4a Electronically under "ordinance" subfolder Pages 1-438 Recommended Draft 9/27/05 Site Plan Review CHAPTER 1. INTENT AND APPLICABILITY It is the purpose of this Title to establish a procedure which will enable the City to review certain proposed improvements of property within the City in order to ensure the orderly and harmonious development of property in a manner that will: A. Promote the most beneficial relation between present and proposed uses of land; B. Allow development of property commensurate with the present and foreseeable availability and capacity of City facilities and services; The following factors shall be considered in arriving at a conclusion concerning proposed development of property: 1. The projected population of the proposed development or the proposed intensity of use and the effect the proposal will have on the capacity of existing water and sanitary sewer lines to avoid overloading existing systems; 2. Zoning regulations at the time of the proposal; 3. The City's Comprehensive Plan, as amended, and other specific community plans; 4. The City's plans for future construction and provision for public facilities and services; and 5. The existing and planned City facilities and services for the area which will be affected by the proposed site use. C. Ensure compliance with the City Code, as amended, including applicable zoning regulations, approved subdivision plats, public works standards, and public safety standards; D. Encourage adequate provision of surface and subsurface storm water drainage in order to assure that future development and other properties in the City will not be adversely affected; E. Provide screening of parking, truck loading, solid waste disposal and outdoor storage areas from adjacent properties; F. Provide for orderly, safe, and efficient circulation of traffic in the development and throughout the City; G. Minimize adverse environmental impacts on the developing property. Recommended Draft 9/27/05 A. Site Plan Review Required 1. The standards in this Title are in addition to those required by the Uniform Building Code, as amended, and apply to commercial, industrial, and multi-unit residential development. 2. Site plans must be submitted, reviewed, and approved by the City according to the provisions of this Title prior to the issuance of a building permit for any development on any lot, tract or parcel of land as those terms are defined in Title 14, Zoning Code, except as exempted below. B. Exemptions Site Plan Review is not required for the development of one single family dwelling or one two-family dwelling or related accessory structures in any zoning district. However, such uses and structures are not exempt from other applicable provisions of the City Code, including requirements of the Uniform Building Code, as amended. C. f4ajor Site Plans Major site plans are required for all of the following types of development: 1. Construction of over :[2 units residential development and any additions or alterations to existing development containing over 12 units residential; or 2. Over :10,000 square feet of nonresidential floor area. D. Minor Site Plans Minor site plans are required for all development that does not require a major site plan, except as exempted in subsection B, Exemptions, above. E. Sensitive Areas Development Plan A Sensitive Areas Development Plan may be required for properties containing environmentally sensitive features as set forth in Article :[4-5:[ of the City Code, Sensitive Lands and Features. The requirements and exemptions for regulated sensitive features are set forth in Article :14-5I. Level ! Sensitive Areas Review shall be in accordance with the all procedures and approval processes set forth in Chapter 2 of this Title, except for Section :[8-2-2, Submittal Requirements. Submittal requirements for Level ! Sensitive Areas Review are set forth in Article :[4-5!, based on the type of regulated feature(s) that exist on the subject property. Recommended Draft 9/27/05 CHAPTER 2. PROCEDURES AND SUBMITTAL REQU1'REMENTS An application for site plan approval for all development shall be submitted to the City and shall meet the following requirements: A. A minimum of two copies of minor site plans and four copies of major site plans containing all required information. B. The required review fee, as established by resolution of the City Council, shall accompany the application for site plan approval. C. Within twenty-four hours of submitting an application for major site plan approval, the applicant shall post notice of intent to develop on the site. The notice to be posted will be provided by the City and shall be posted as directed by the City. A, Minor Site Plan Minor site plans submitted for approval must include informati°n as specified below: 1. Date of preparation and north arrow. 2. A scale no smaller than one inch equals one hundred feet (1" = 100') 3. Legal description or street address of the property. 4. Name and address of the owner of record of the property, the applicant and the person(s) preparing the site plan, and the name and address of the applicant's attorney, if any. 5. Property lines with dimensions to the nearest one-tenth of a foot (1/10') and total square footage or acreage of the site. 6. Total number and types of dwelling units proposed, proposed uses for all building, total floor area of each building and any other information which may be necessary to determine the number of off-street parking and loading spaces required by Title 14, Zoning Code. 7. Location and exterior dimensions of all existing and proposed structures or additions, including setback distance from property boundary lines and distance between structures. 8. Location, grade and dimension of all existing and proposed paved surfaces, including parking and loading areas, entrance and exit drives, pedestrian walkways, bicycle storage areas, dividers, curbs, islands and other similar permanent improvements. 9. Location of all existing and proposed outdoor recycling, trash, solid waste, and dumpster areas and methods of screening such areas. 10. Location and type of all existing and proposed signs. Proposed signs may require a separate sign permit (See Article 14-5B, Sign Regulations). Recommended Draft 9/27/05 Z:I.. Plans and proposed methods for the prevention and control of soil erosion for the development. 12. A landscaping plot plan is required indicating all existing trees eight inches or larger in diameter measured at a point six inches above the ground level, in addition, the plot plan must distinguish the existing or proposed trees or landscaping intended to satisfy tree requirements or screening requirements of the City Code (See 14-5A-5I, Landscaping and Tree Requirements within Parking Areas and :[4-5E, Landscaping and Tree Standards, and any other applicable screening required according to Title 14, Zoning Code.) 13. Location of the following features of the site: a. Streams and other water bodies, including wetlands; b. Areas subject to flooding from a 100-year event; 14. Location, amount and type of proposed lighting, fences, walls or other screening. 15. A detailed lighting plan and photometrics layout which shows the location, type, height, and intensity of all existing and proposed exterior lighting on the property. The photometrics layout must show the foot-candles generated by all lights on the property and provide the total outdoor light output as measured in initial lumens from all bulbs used in outdoor light fixtures. The lighting plan and photometrics layout must comply with the standards specified in Article 14-5G, Outdoor Lighting Standards. 16. Location and specifications for any existing or proposed aboveground or below- ground storage facilities for any chemical, salts, flammable materials or hazardous materials. 17. Other data and information as may be reasonably required by the Building Official. B. Major Site Plans Submittal information for major site plans must include all the information contained in subsection A of this Section, plus the following additional information: Existing and proposed contours at intervals not to exceed 5 feet provided at least 2 contours are shown. Contours of neighboring properties must be provided when deemed necessary by the City. 2. When deemed necessary by the City, a complete storm water runoff plan, including grades and/or elevations of storm sewer systems, direction of surface flow, detention areas, outlet control structures and devices and storm water calculations (See Article 15-3G, Storm Water Collection, Discharge, and Runoff). 3. Location and size of existing and proposed utilities, including water, sanitary sewer, storm sewer, gas, electrical telephone, cable TV, plus all existing or proposed fire hydrants. 4. A typical cross section of all proposed streets, alleys and parking areas showing roadway location, type of curb and gutter, paving and sidewalks to be installed. 5. A complete traffic circulation and parking plan. Recommended Draft 9/27/05 A. The City shall review and approve, review and approve with conditions, or review and deny all site plans submitted under this Title within 21 working days after application, without requiring submission of the plan to the Planning and Zoning Commission. B. Upon submission of a major site plan, the Building Official shall promptly convey a copy of the major site plan to the Department of Public Works and the Department of Planning and Community Development for their review and comments. The Departments of Planning and Community Development, Public Works and Housing and Inspection Services shall review the site plan to determine if the design conforms to the standards set forth in this Article. The Departments of Planning and Community Development and Public Works shall forward their recommendations to the Department of Housing and Inspection Services within ten (10) working days after date of submission of a major site plan to the City. C. For major site plans, the Department of Housing and Inspection Services or those owners of 20 percent or more of the property location within 200 feet of the exterior boundaries of the proposed development see may request a review by the Planning and Zoning Commission. The request must be in writing and must be filed with the Building Official within 20 days of submission of the original application or within 20 days of the posting requirements set forth in Section 18-2-1, above, whichever is later. When such a request is received, the Planning and Zoning Commission may review and approve, review and approve with conditions, or review and deny said plan within 20 working days of receipt of the written request for Planning and Zoning Commission review. The Commission's scope of review shall be the same as that of the Building Official and the Department of Housing and Inspection Services. D. Upon see plan approval by the Building Official or the Plan and Zoning Commission, a building permit may be issued. The approval of any site plan shall remain valid for one year after the date of approval. The approved site plan shall be null and void if a building permit has not been issued within one year of the site pan approval or if actual construction has not commenced within eighteen (18) months of the site plan approval. "Actual construction" shall mean that the permanent placement of construction materials has started and is proceeding without undue delay. Any approved site plan may be amended in accordance with the standards and procedures established herein. However, the Building Official may waive such procedures and fees in the event the Building Official determines that the proposed amendment involves only a minor change in the approved site plan and is in compliance with the site plan review standards. For the purposes of this Section minor changes may include, but are not limited to the following: A. A change to move building walls within the confines of the smallest rectangle that would have enclosed each originally approved building, to relocate building entrances or exits or to shorten building canopies. Recommended Draft 9/27/05 B. A change to a more restrictive use, provided there is no change in the amount of off-street parking as originally approved. A change in angle of parking or a parking aisle width, provided there is no reduction in the amount of off-street parking as originally approved. A change in location of the ingress and egress drives of not more than 100 feet, provided such change is approved by the City and is in compliance with the provisions of Article 14- 5C, Access Management Standards. E. A substitution of plant species, provided the substituted species is similar in nature and in screening effects and is otherwise in compliance with City Code requirements. F. A change in type and design of lighting fixture, provided there will be no change in the intensity of light at the property boundary and the proposed fixture is in compliance with the applicable provisions of Article 14-6G, Outdoor Lighting Standards. 6. A change to increase peripheral yards. H. The replacement of paved areas with landscaping, provided adequate parking facilities are retained. Recommended Draft 9/27/05 CHAPTER 3. SITE PLAN DESIGN STANDARDS All site plans submitted for City approval must comply with the following design standards. These standards are the minimum standards necessary to safeguard the public health, safety, aesthetics and general welfare of the City and are necessary to fulfill the intent of the Zoning Ordinance, the Comprehensive Plan as amended and other specific community plans. A. Drainage The design of the proposed development shall make adequate provision for surface and subsurface drainage to limit the rate of increased runoff of surface water to adjacent and downstream property so that the proposed development will not substantially and materially increase the natural flow onto adjacent downstream property. B. Utility Connections The design of the proposed development shall make adequate provision for connection to water, sanitary sewer, storm sewer, electrical and other public utility lines within the capacity limits of those utility lines. C. Fire Safety The design of the proposed development shall make adequate provision for fire protection and for building placement, acceptable location of flammable materials and other measures to ensure fire safety. D. Erosion and Sedimentation Control The design of the proposed development shall comply with the standards for erosion and sedimentation control established in the City design standards in order to protect adjoining or surrounding property. The development plan shall consider the topography and soils of the site to achieve the lowest potential for erosion. E. Landscape Preservation So far as practical, the landscape shall be preserved in its natural state by minimizing tree and soil removal and by topographic modifications which result in maximum harmony with adjacent areas. Structures and other site improvements shall be located in such a manner that the maximum number of trees are preserved on the site. The development plan shall identify existing trees to be preserved and trees to be removed and shall specify measures to be utilized to protect trees during construction. To the extent reasonably feasible, all wetlands shall be retained in their natural state or consistent with their functions and values or be replaced with a wetland of equal or greater value. F. Vehicle and Pedestrian Circulation The design of vehicle and pedestrian circulation shall be provided for safe and convenient flow of vehicles and movement of pedestrians and shall, to the greatest extent reasonably possible, prevent hazards to adjacent streets or property. The City may limit entrances Recommended Draft 9/27/05 and exits upon adjacent streets in order to prevent congestion on adjacent or surrounding streets and in order to provide for safe and orderly vehicle movement. The City may limit street access according to the provisions of Article 14-5C, Access IVlanagement Standards. G. Outdoor DumpsterAreas Outdoor recycling, trash, solid waste, and dumpster areas shall be in compliance with the City's solid waste regulations and in compliance with screening requirements contained in Title 14, Zoning Code. (See 14-4C-2Q, Outdoor Dumpster Areas) H. Exterior Lighting Exterior lighting shall relate to the scale and location of the development in order to maintain adequate security while preventing a nuisance or hardship to adjacent properties or streets. All exterior lighting must comply with the provisions of Article :14-5G of the City Code, Outdoor Lighting Standards. T. Screening of Equipment All ground level mechanical and utility equipment shall be screened from public view according to the provisions of Title 14, Zoning Code (See 14-4C-2N, IVlechanical Structures). .1. Screening of Storage and Loading Areas If allowed, all outdoor storage areas must be located and screened according to the applicable base zone provisions of Title 14, Zoning Code. All outdoor storage areas and loading/unloading service areas with delivery facilities, including bay doors or docks, which face or are visible from residential district and the Iowa River shall be screened to a height of no less than 6 feet and must meet all screening standards specified in Title :14, Zoning, for outdoor storage and loading areas. K. Parking Areas Any parking areas or vehicle storage area designed or intended for use by more than four (4) vehicles located adjacent to any street shall be separated and screened from such street by a curbed, planted area as specified in Title 14, Zoning. L. Sensitive Areas All sensitive areas development plans must comply with the applicable provisions of Article 14-5! of the City Code, Sensitive Lands and Features. 14. Compliance with City~ State~ and Federal Regulations Site plans shall comply with all applicable City, State, and Federal regulations. Recommended Draft 9/27/05 CHAPTER 4. ENFORCEMENT AND PENALTIES No person shall undertake or carry out any activity or use, including any building demolition, grading, clearing, cutting and filling, excavating or tree removal, for which site plan approval is first required by this Title, nor shall such activity proceed prior to obtaining the necessary permits, including local, County, State and Federal permits. Any violation of this provision is subject to fines and penalties described in this Title for each day of the violation, from the day of discovery of the incident until an approved restoration plan or an approved site plan is granted. A. The purpose of the performance guarantee is to ensure completion of improvements connected with a proposed use as required by this Title, including, but not limited to roadways, lighting, utilities, sidewalks, drainage, fences, screens, wall and landscaping. B. "Performance Guarantee" shall mean a cash deposit, certified check, or irrevocable standby letter of credit in the amount of the estimated cost of the improvements, to be determined by the applicant and verified by the City. C. Upon issuance of a building permit, the City may require a performance guarantee. D. When a performance guarantee is required, there shall also be provided a prescribed period of time within which improvements must be completed. E. Where a performance guarantee is not required upon issuance of a building permit and the improvements cannot be completed prior to occupancy or commencement of a use, the Building Official may issue a temporary certificate of occupancy and require the applicant to deposit a performance guarantee as set forth above. F. Upon satisfactory completion of the improvements for which the performance guarantee is required, as determined by the City, the City shall return the performance guarantee to the applicant. G. In the event that the applicant defaults in making the improvements for which a performance guarantee is required or fails to complete the improvements within the time prescribed by the City, the City shall have the right, but not the obligation, to use the performance guarantee deposited, together with any interest earned thereon, to complete the improvements through contract or otherwise. This includes the specific right to enter upon the subject property to make the improvements. If the performance guarantee is not sufficient to allow the City to complete the improvements for which the guarantee was posted, the applicant shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the performance guarantee deposited. Should the City use the performance guarantee or a portion thereof to complete the required improvements, any amounts remaining after completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the applicant. At the time the performance guarantee is deposited, the applicant shall enter into a written agreement with the City, which incorporates the performance guarantee requirements set forth above. Recommended Draft 9/27/O5 Any violation of this Title shall be considered a simple misdemeanor or municipal infraction or environment infraction as provided for in Title 1, Chapter 4 of the City Code. lO Marian Karr ~ From: Tim Holman [Sewel1254@msn.com] Sent: Tuesday, October 11, 2005 9:10 PM To: council@iowa-city.org Cc: cs@icnna.org Subject: Development Code Public Hearings Council Members: As an individual citizen I have been frustrated and concerned when attending the Development Code Public Hearings. Developers, builders and real estate agents are organized and out in force in opposition to many fine improvements offered in the proposed zoning code. I understand that some revisions will be necessary but please, when making adjustments remember the lone citizen who is not organized and has a voice that's hard to hear. We rely on you to do the right thing. The planning and zoning committee has succeeded in putting forward a plan that is progressive and comprehensive. It is a plan that will benefit our entire community. Please think of it as a city wide covenant just like those created by developers to protect the investors who buy and sell in newly created neighborhoods. We need this covenant to protect everyone's investment, now and in the future. Thank you, Meredith Sewell 420 Fairchild Street Iowa City, Iowa 52245 10/12/2005 0 October 12, 2005 To: The Mayor and City Council of Iowa City r~ :2~;_ . My comments at the hearing before the City Council on Monday, October 10, 2005, ajze~ rewsc~ somewhat here in stating my views more clearly. It is a truism that owning property in the United States has never meant being able to do what ever you pleased with or on that property without regard to consequences to others. Owning property has always been subject to regulation in the public interest. These heatings on the proposed zoning law changes are packed with builders and developers because of the potential effect of the changes on them. Although their interest is legitimate and important, it should not be confused with the public interest. The rest of the community is also affected by the proposals. The zoning laws affect the atmosphere of the neighborhoods in which we live; they make sidewalks more hospitable to walking; they make our community a more inviting place to visit or move into. The entire community has an interest based on such impacts. Of course, in considering these proposals, you -- members of the City Council -- must take all of these interests into account in deciding what is in the public interest. The proposed changes are extensive and detailed, but to me they seem quite modest - at least in part because, as they come to the City Council, the planners have already made compromises in response to the positions of others, including the developers and builders, with whom they must deal on a regular basis. I support the proposals as they now stand, modest as they are, In connection with the proposed zoning law changes, there has been a lot of discussion about "affordable housing." As Dee Vanderhoef observed, that is a pretty loose concept. But perhaps everyone can agree that it does not mean the cheapest possible housing and, even more clearly, it does not mean maximizing profits for those who develop, build, and sell houses. Those who develop and build housing, some of whom are associated in the Land Development Council, d___o have an interest in maximizing their profits, which of course they do by building at the lowest possible cost and selling for the highest possible price. There is nothing wrong with that effort; it is something that they have a right to try to do. But we must understand that that is what they have an interest in doing. They are not a welfare agency. They are not banded together in the cause of providing affordable housing. Mayor Lehman has implored speakers to be specific. That is an understandable goal but one that carries a danger of distortion that works in the following way. The staff, having studied the problem and solicited citizen input, comes up with a set of proposals - proposals that are quite modest and often represent compromises by the time they get to the City Council. But then these proposals become targets, one by one, for negative comment. It is important, in viewing this process, to remember that developers and builders would be happy with no regulations at all - or at least none not of their own making. As Jerry Anthony reminded the City Council last week, developers, in their own self interest, are not against imposing restrictions; but they do not want to be constrained by anyone else's view of the public interest. In their general purpose and effect, restrictive covenants which are imposed through the developing and selling process are very similar to restrictions imposed through zoning laws: They add to the cost of building, they limit the choice of residents, they are concerned with external features, they are intended to benefit the community, and (a point sometimes overlooked) they are likely to add to the value of the housing unit. As a practical matter, the specified restrictions do not express the individual preferences of individual buyers but only the decision to accept those restrictions as part of a package. From the perspective of developers and builders, their resistance to any restriction on them adopted to further the general public interest is understandable. But we must understand that that is where they are coming from. Give them a regulation that restricts their discretion; they will not like it. So, they comb the regulations proposed and object to the things that they like the least. Out of 55 proposed objections to the proposed zoning changes, 32 came from the Land Development Council and, in fact, 15 of those were actually addressed, not to proposed changes, but to the current code. Objections are sometimes presented as bargaining ploys. But, whether an objection comes in absolute form or with a counteroffer, the bottom line is self interest. In deciding whether an objection is meritorious, especially when opinions differ concerning things like cost effectiveness and affordable housing, reasonable people treat claims made in self interest with skepticism. And some objections turn out to be misinformed and some turn out to be misleading. A number of comments in writing and at various public hearings would have us believe that the proposed Zoning Code revision is replete with "design" standards. But that seems to be greatly exaggerated. Last week, Glenn Siders entertained the Council with a tape of an expert, speaking on National Public Radio, who commented unfavorably on designs calling for front porches. But the proposals before the City Council no where require building front porches, leaving me to w?nder how that tape was relevant other than to suggest kinds of restrictions that do not exist. In f~act, the very same expert cited by Mr Siders, did say something later on - in that same NPR program - that was quite relevant. She said, "... [W]hen I work with low-income community groups, we make gigantic models. That is very important because for people who have typically been kept out of making any decisions about their own environment, they don't have too many choices about where to live. To allow them to have some decisions about what their new housing is going to be like and actually to use their hands to make models is a very empowering experience."* The Iowa City planning staffused a comparable approach as one means ofobtaini~en~- ...... ~ · ->. ~ ,, put ~n formulating a revised set of zomng laws. In this way, the empowering expef~e~n-ce o~ '-FI citizens of Iowa City played a role in influencing what their own housing - and the housing of the neighborhood and city in which they live - "would be like." I urge the Members of the City Council to keep a wide perspective in their deliberations and to take a broad view of the proposed zoning law changes. Respectfully su, bmitted, William Buss 718 South Summit St. Iowa City, Iowa 52240 351 3309 * The transcript of the quoted statement has been edited slightly to make the reading easier to follow. The unedited transcript of the entire program, "The Infinite Mind," from which the Siders tape and my reading were eXcerpted, has been deposited with the City Attorney, Eleanor Dilkes. 7< 3 Iowa City Area Association of REALTORS® October 13, 2005 Dear Council Member: I am providing statistical data as requested on housing. I broke it out by area for you. It is important to note that "starter home" is different by definition to each homeowner. We do not usually put that interpretation on a home listed with us. Our MLS system does not reference property by the definition of starter or affordable. A further complication is that many of what have the qualities of a zero lot are not called that in Iowa City and instead are called condos. I believe that you can see by these reports that the numbers of zero lot, many of which are in lower prices, are built in other communities. I would be happy to answer any of your questions individually so please feel free to call me. Thank you for allowing me to provide this and let me know if you need other information. Sily ncere , Cheryl Nelson Association Executive  438 Highway 1 West 3~9-338-646o phone e-mail: icaar@icaar.org Iowa City, IA 52246 3~9-338-6957 fax web site: icaar.org REALTOR® EXistin9 Single Famii~ Home Sales Report from '1/1/2004' To '12/31/2004' SOLD ACTIVE ,price Category 1-2 Beds 3 Beds 4+ Beds CONDO Total Units SIFam Units CDICO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 1 0 0 0 1 0 2 40000-50000 0 0 0 2 2 0 0 50000-60000 0 0 0 1 1 1 0 60000-70000 1 1 0 12 14 2 0 70000-80000 2 0 0 9 11 0 4 80000-90000 8 2 0 39 49 I 11 90000-100000 5 2 0 32 39 5 26 100000-120000 18 38 7 41 104 13 26 120000-140000 25 77 17 68 187 33 45 140000-160000 12 65 20 41 138 28 7 160000-180000 3 62 27 20 112 30 27 180000-200000 4 47 15 17 83 23 24 200000-250000 '4 41 83 21 149 55 23 250000-300000 0 16 53 5 74 49 9 300000-400000 0 10 51 1 62 36 0 400000-500000 0 5 15 2 22 27 2 500000- More.. 0 0 18 0 18 16 0 Total: 83 366 306 311 1066 319 206 Average Pfice: 126,888.92 171,058.00 268,834.84 133,111.09 184,615.40 257,794.80 153,587.48 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units,.;~ r,--~- ~-~-' :';~l~nanc,ng ' !' .... #O.k=~ Less Than 1 - 30 62 CONV 958 31-60 215 CASH 88 61-90 238 FHA 13 91~120 161 VA 3 121- Mom.. 390 OTHER 3 PPC 1 L~S 0 CTC 0 EXC 0 Existin9 Single Family Home Sales RepOrt from '1/1/2005' To '10/13/2005' SOLD ACTIVE PHce Category t-2 Beds 3 Beds 4+ Beds CONDO Total Units SIFam Units CDICO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 0 0 0 4 4 0 2 40000-50000 0 0 0 0 0 0 0 50000-60000 0 0 ~ 2 2 1 0 60000-70000 0 0 0 3 3 2 0 70000-80000 3 2 0 18 23 0 4 80000-90000 I 0 0 17 18 I 11 90000-100000 5 4 0 34 43 5 26 100000-120000 19 24 2 44 89 13 26 120000-140000 20 66 10 73 169 33 45 140000-160000 8 62 21 32 123 28 7 160000-180000 6 47 24 29 106 30 27 180000-200000 3 39 28 23 93 23 24 200000-250000 5 38 57 22 122 55 23 250000-300000 1 15 49 8 73 49 9 300000-400000 0 6 51 2 59 36 0 400000-500000 0 4 16 I 21 27 2 500000- More.. 0 1 13 I 15 16 0 71 308 271 313 963 319 206 Avemge Price: 135,582.61 174,179.20 271,649.22 139,419.81 187,465.11 257,794.80 153,587.48 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units Financing # Units Less Than I - 30 36 CONV 854 31-60 199 CASH 89 61-90 208 FHA 10 91-120 175 VA 6 121- More.. 345 LEAS 2 EXC 2 CTC 0 OTHER 0 PPC 0 Existing Single Family Home Sales Report from '1/1/2004' To '12/31/2004' SOLD ACTIVE Pdce Category 1-2 Beds 3 Beds 4+ Beds CONDO Total Units S/Faro Units CD/CO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 0 0 0 0 0 0 0 40000-50000 0 0 0 1 1 0 0 50000-60000 0 0 0 3 3 0 0 60000-70000 0 0 0 3 3 0 0 70000-80000 1 0' 0 8 9 0 1 80000-90000 2 1 0 18 21 0 2 90000-100000 5 1 0 34 40 0 20 100000-120000 8 8 1 9 26 1 1 120000-140000 9 48 0 5 62 17 1 140000-160000 6 22 11 11 50 21 1 160000-180000 3 20 3 3 29 4 7 180000-200000 0 18 4 9 31 8 4 200000-250000 0 7 30 21 58 20 10 250000-300000 0 4 24 6 34 35 9 300000-400000 0 4 30 3 37 29 6 400000-500000 0 0 11 1 12 10 0 500000- More.. 0 0 13 0 13 16 0 To~l: 34 133 127 135 429 161 62 Average Pdce: 121,342.71 160,144.07 306,477.67 141,091.78 194,393.63 301,086.00 184,420.95 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units Financing # Units Less Than 1 - 30 36 CONV 389 31-60 93 CASH 30 61-90 87 FHA 7 91-120 61 PPC 2 121- Mom.. 152 EXC 1 CTC 0 VA 0 LEAS 0 OTHER 0 Existing Single Family Home Sales ,Report from '1/1/2005' To '10/13[2005' SOLD ACTIVE PHce Catego~ t-2 Beds 3 Beds 4+ Beds CONDO TotslUnits S/Fam Units CDICO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 0 0 0 0 0 0 0 40000-50000 0 0 0 I 1 0 0 50000-60000 0 0 0 3 3 0 0 60000-70000 I 0 0 3 4 0 0 70000-80000 0 0 0 2 2 0 1 80000-90000 0 0 0 10 10 0 2 90000-100000 0 0 0 32 32 0 20 100000-120000 8 5 0 6 19 1 1 120000-140000 12 18 1 6 37 17 1 140000-160000 9 28 3 12 52 21 1 160000-180000 0 15 6 20 41 4 7 180000-200000 0 9 2 1 12 8 4 200000-250000 0 12 33 13 58 20 10 250000-300000 0 6 18 5 29 35 9 300000-400000 0 3 21 3 27 29 6 400000-500000 0 0 13 0 13 10 0 500000- More.. 0 0 11 0 11 16 0 To~I: 30 96 108 117 351 161 62 Average Pdce: 125,285.00 174,185.86 311,487.93 142,136.73 201,570.05 301,086.00 184,420.95 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units Financing # Units Less Than 1 - 30 20 CONV 311 31-60 62 CASH 28 61-90 80 FHA 8 91-120 60 VA 2 121- More.. 129 OTHER 1 EXC 1 CTC 0 PPC 0 LEAS 0 EXisting Single Family Home Sales Report from '1/1/2004' To '12/31/2004' SOLD ACTIVE PHce Category 1-2 Beds 3 Beds 4+ Beds CONDO Total Units S/Fam Units CD/CO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 0 0 0 0 0 0 0 40000-50000 0 0 0 0 0 1 0 50000-60000 0 1 0 0 1 0 0 60000-70000 1 0 0 0 1 1 0 70000-80000 2 0 0 13 15 1 23 80000-90000 1 0 0 28 29 0 8 90000-100000 0 3 0 55 58 4 50 100000-120000 12 17 0 22 51 6 18 120000-140000 4 33 3 11 51 7 46 140000-160000 3 71 6 12 92 24 7 160000-180000 5 45 19 10 79 28 7 180000-200000 1 24 13 8 46 31 200000-250000 0 40 34 1 75 42 0 250000-300000 0 8 15 1 24 30 0 300000-400000 0 5 5 0 10 12 0 400000-500000 0 1 2 0 3 2 0 500000- More.. 0 0 2 0 2 2 0 Total: 29 248 99 161 537 191 160 Average Price: 125,054.45 170,372.49 229,095.57 111,503.73 161,101.52 227,888.80 110,807.81 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units Financing # Units Less Than I - 30 20 CONV 498 31-60 72 CASH 27 61-90 98 FHA 6 91-120 87 VA 3 121- More.. 260 OTHER 3 PPC 0 LEAS 0 CTC 0 EXC 0 E~cisting Single Family Home Sales Report from '1/1 / 2005'~_~_'10 / ~ ~/200~' SOLD ACTIVE PHce Ca_tegory 1-2 Beds 3 Beds 4+ Beds CONDO Total Units SIFam Units CDICO Units Less Than 30000 0 0 0 0 0 0 0 30000-40000 0 0 0 0 0 0 0 40000-50000 0 0 0 0 0 1 0 50000-60000 0 0 0 0 0 0 0 60000-70000 0 0 0 0 0 1 0 70000-80000 0 0 0 18 18 1 23 80000-90000 0 0 0 18 18 0 8 90000-100000 I I 0 57 59 4 50 100000-120000 9 5 0 28 42 6 18 120000-140000 9 23 2 27 61 7 46 140000-160000 1 50 5 6 62 24 7 160000-180000 I 39 6 14 60 28 7 180000-200000 0 32 16 8 56 31 1 200000-250000 0 34 29 4 67 42 0 250000-300000 0 16 17 0 33 30 0 300000-400000 0 5 9 I 15 12 0 400000-500000 0 I 0 1 2 2 0 500000- Mom.. 0 0 0 0 0 2 0 To~l:, 21 206 84 182 493 191 160 Average Pdce: 124,576.19 184,722.08 229,498.06 116,996.23 164,787.02 227,888.80 110,807.81 Time On Market Of Units Sold Type Of Financing Of Units Sold Days On Market # Units Financing # Units Less Than 1 - 30 11 CONV 450 31-80 68 CASH 23 61-90 97 FHA 11 91-120 85 VA 5 121- More.. 232 OTHER 3 EXC 1 CTC 0 PPC 0 LEAS 0 Status Class Type Price Range No. of Listings Dollar Volume Average Price Median Price Average DOM Sold SINGLE FAMILY/ACREAGE Zero Lot $95,000 - $99,999 1 $99,000 $99,000 $99,000 175 $105,000 - $109,999 1 $109,500 $109,500 $109,500 18 $110,000 - $114,999 2 $224,500 $112,250 $112,250 42 $120,000 - $124,999 1 $122,900 $122,900 $122,900 93 $130,000 - $134,999 3 $396,800 $132,267 $131,400 43 $135,000 - $139,999 1 $136,900 $136,900 $136,900 71 $140,000 - $144,999 3 $429,900 $143,300 $143,000 77 $145,000 - $149,999 1 $149,900 $149,900 $149,900 48 $150,000 - $154,999 2 $305,500 $152,750 $152,750 86 $165,000 - $169,999 1 $165,500 $165,500 $165,500 60 $170,000 - $174,999 5 $862,000 $172,400 $172,500 64 $175,000 - $179,999 2 $352,500 $176,250 $176,250 109 $195,000 - $199,999 2 $393,500 $196,750 $196,750 85 $200,000 - $204,999 1 $204,900 $204,900 $204,900 101 Sub Total 2~6 ~3~953,30~0 .1~!~2~050 ~_51~200 7_3_ Grand Totals 2~6 $3,953,300_ ~_1_52~05_0 $15%200 72 Status Class Type ,Price Range No. of Listings Dollar Volume Average Price Median Price Average DOM Sold SINGLE FAMILY/ACREAGE ...... ' ........... J"~ ~' ~; Zero Lot $100,000 - $104,999 1 $101,000 $101,000 $101,000 167 $110,000 - $114,999 1 $114,000 $114,000 $114,000 82 $115,000 - $119,999 2 $236,900 $118,450 $118,450 52 $120,000 - $124,999 4 $486,500 $121,625 $121,750 49 $125,000 - $129,999 5 $639,250 $127,850 $127,750 70 $130,000 - $134,999 3 $396,500 $132,167 $132,000 67 $135,000 - $139,999 6 $818,500 $136,417 $135,750 56 $140,000 - $144,999 6 $853,500 $142,250 $142,000 62 $145,000 - $149,999 9 $1,321,800 $146,867 $146,000 41 $150,000 - $154,999 1 $154,000 $154,000 $154,000 34 $155,000 - $159,999 5 $784,900 $156,980 $157,000 101 $160,000 - $164,999 4 $646,900 $161,725 $161,000 $170,000 - $174,999 I $171,900 $171,900 $171,900 69 $235,000 - $239,999 1 $235,000 $235,000 $235,000 38 $250,000 - $254,999 2 $500,000 $250,000 $250,000 107 Sub Total 5~1 $7,460,650 $146L28~7 $143,000 6~5. Grand Totals 5~1 7~_460,650 $146,28~7 ;~143,000 6~5 S~tus Class Type PHce Range No. of L~fings Dollar Volume Average Price Med~n PHce Average DOM Sold SINGLE FAMILY/ACREAGE Zero Lot $95,000- $99,99~ 1 $97,000 $97,000 $97,000 10 $100,000- $104,999 3 $306,500 $102,167 $102,500 55 $110,000- $114,999 3 $338,000 $112,667 $113,000 61 $115,000- $119,999 5 $583,800 $116,760 $116,900 71 $120,000-$124,999 3 $365,200 $121,733 $120,900 74 $125,000- $129,999 3 $384,900 $128,300 $127,900 34 $130,000- $134,999 3 $397,000 $132,333 $133,000 45 $135,000 - $139,999 6 $822,700 $137,117 $137,000 57 $140,000 -$144,999 3 $430,400 $143,467 $143,500 40 $145,000- $149,999 12 $1,785,200 $148,767 $149,450 94 $150,000- $154,999 19 $2,907,659 $153,035 $152,900 174 $155,000-$159,999 9 $1,420,409 $157,823 $158,400 189 $160,000- $164,999 5 $810,150 $162,030 $163,000 93 $165,000- $169,999 12 $2,032,850 $169,404 $169,900 197 $170,000- $174,999 5 $859,278 $171,856 $172,599 139 $175,000-$179,999 1 $176,157 $176,157 $176,157 0 $180,000- $184,999 2 $365,562 $182,781 $182,781 34 $185,000- $189,999 2 $373,600 $186,800 $186,800 223 $190,000- $194,999 4 $777,330 $194,333 $194,750 114 Sub Total 101 ~15,233,695 $150,829 $152,900 121 Grand Totals 101 $15,233~695 1,~!~0~829 $_!_52,90~ 12~1 October 10, 2005 Council Members 410 E. Washington Street Iowa City, IA 52240 Dear Council Members: This letter is being written on behalf of the Longfellow Neighborhood Association in order to convey its support of the revised Zoning Code that is currently being proposed. There are particular aspects of the code that are widely approved of by those in the Association, such as pedestrian-oriented design, garage placement regulations, residential space in commercial buildings, retaining of green space for public use and the creation of trails. In general, the Association is pleased with the Code's dedication to prescribing the best use of land in order to create spaces that are visually pleasing and people-friendly, as well as its intent to encourage developers to comply with the regulations. Sincerely .... C~dice Smith '~ Adam Witte Co-Secretaries, LNA 825 Rundell St. Iowa City, IA 52240 Page 1 of 1 Marian Karr ~ ~ / From: Cheryl Nelson [cheryl@icaar. org] Sent: Monday, October 17, 2005 1:48 PM To: council@iowa-city.org Subject: public hearing on the 18th Dear Council Members: There will most likely not be Realtors in attendance on the 18th. It is our annual meeting and installation of officers. It is not lack of interest in the topic. Thank you for work. Cheryl Nelson Association Executive Iowa City Area Association of REALTORS® 438 Hwy 1 West Iowa City, IA 52246 319-338-6460 10/17/2005 October 17, 2005 Iowa City City Council 410 E. Washington St. Iowa City, Iowa VIA email: Council~iowa-city.org. Dear Council Members: I was unable to return to the public hearing last Monday and I am unable to attend again on Tuesday of this week. I would like to register my thoughts about the new zoning laws which you are considering. At the first public hearing, you wanted people to speak to specific issues, and people continued to speak in generalities. There is a very good reason why that was happening. The underlying premises which are the basis for the changes are troubling to many, not the least of whom are the builders and developers. As a Realtor who has been working in this community for the past 17 years, and as one who, for the better part of a year, worked hard to market the properties on the Peninsula, I believe some of the changes in the code will harm more than they will help. I really wanted the Peninsula to succeed for many reasons personal and professional. I love the look of old neighborhoods. I am a romantic at heart, and the idea of bringing back a bygone age where life was slower and friendlier is attractive to me. In addition, I thought it would provide a type of housing that many in this community would also find attractive, and what Realtor wouldn't want to be the agent to market nearly 400 properties? The feedback I got during the open houses led me to conclude that while many people are in love with the concept of New Urban living, few were ready to put their money where their mouths were. And why? The price of the homes, from condo to single family was too high. There were no yards for kids to play in; the lots were too small for gardeners, and the driveways were too tight, not enough room to get the cars in and out of the. garages easily. This new urban concept works well in a large city where there is crime~ and it is hard to know who may buy into a neighborhood. The idea of having a close knit neighborhood of like minded people with its own small businesses, a cultural center and so on would be attractive then. But here, no one was impressed with the idea that the neighborhood could have its own cultural activities. Iowa City already offers so much, and it is all within a short distance. You may have pedestrian-friendly sidewalks, but where will you walk to? I have absolutely never had anyone request pedestrian-friendly streets as a part of their requirements for a home they wish to purchase. People may want "walking distance to" or they may want a "character home" or they may say they want "lots of mature trees in the neighborhood" but they never ask if the sidewalks are a particular size or if people use these sidewalks to meet their neighbors. While it may be far-sighted to try to encourage people to use their cars less, any developments which are built today will be a far distance from down town, and automobiles will still be the vehicle of choice. Parents take their children everywhere after school--to gymnastics, soccer, dance, band, and these opportunities are available, but not in any particular neighborhood. Parents will drive. Garages are important. Pedestrian-friendly streets in higher density new neighborhoods already exist. Arlington Development has built town homes on Court St. which have all the garages at the back of the building. The front doors face a wide open area with wide sidewalks. On any given day, you may see people using the sidewalk as they exercise. You do not see people who visit the families that live in these town homes come to their front doors. They have to park in the rear of the building, so they will go through the garage. The alley is where the life of the community will take place, if it happens at all. The idea that a porch on the front of the home in a high density neighborhood will promote neighborly interchange is just not what happens here. Please drive over to Shannon Dr. where there are a row of high density two story condos with garages attached at the back. Porches served a purpose in the old days. When it was hot, it provided shade and maybe a breeze. Folks would gather there because it was too hot in the house. We have air conditioning. We do not stop to enjoy our neighbors on our porches becm~se it is too hot there. The Shannon Dr. homes are a good example of what these codes aim for. I do not prefer that neighborhood to those on Coll Drive where the garages are in the front, and I believe you will not either. Having a garage in the front of the house is supposed to ruin the streetscape. But when the garages are in the back, and guests have to park on the street, what you see are lines of cars parked. All the visual preference pictures showed front porches with lovely flower boxes. What you didn't see were all the cars. The view of any given street can be changed with landscaping, whether there are garages in the front or not. The bottom line is that the planning staff is stating that this set of codes will be beneficial to developers by allowing (encouraging) more variety in home styles. That can be said this way: the new codes will restrict developers from building what the public will buy and encourage developers to build what we have already seen (in the Peninsula) that the public will not buy. Developers develop for a living. If they cannot build what will sell, they will simply build elsewhere. Coralville, North Liberty, and Tiffin stand to gain from your decisiom While I applaud Iowa City for its thoroughness in decision-making, and I believe that the planning and zoning department has the best of intentions, I am deeply concerned that the desire to keep a certain quality of life in the community may actually harm its growth. Cities are living things, and growth is a part of life. How we grow depends on how and what we nurture. I would ask you to look to Steve Gordon's comments on specific codes which may need to be revisited. (D ~ I'..rl Sincerely, ¥9 -<~ ~--~ __-FI Judy Rhodes .t r-- ~ Marian Karr From: Glenn Ehrstine [glenn-ehrstine@uiowa.edu] Sent: Monday, October 17, 2005 6:14 PM To: council@iowa-city.org Subject: please support the revised Unified Development Code Dear Council Members, I am writing in support of the revised zoninq code on your agenda for Tuesday, October 18. Professional commitments unfortunately prevent me from attending the meeting and speaking personally in favor of the revisions. A vote in favor of the revisions is a vote for families and community. Please inquire of every speaker who is opposed to the amendment: Do you reside in the property that is affected by the revisions? The opinions of residents should be given greater weight than the preferences of absentee landlords. Please help to prevent the deterioration of older neighborhoods, which are essential to the continued economic vibrance of the downtown business district. Thank you for your time, Glenn Ehrstine 704 Clark Street Iowa City, IA 52240 Tel. (319) 351-4985 Page 1 of 1 Marian Karr From: Steve Gordon [s§ordon@ammanagement. net] Sent: Tuesday, October 18, 2005 2:12 PM To: council@iowa-city.erg Subject: Proposed Zoning Code Mr. Mayor and City Council Members. Attached is the recommendation from the Land Development Council for amendments to the proposed zoning code and it relates to residential zones, as you requested. Please let me know if you have any questions. Thanks Steve Gordon *** eSafe scanned this email for malicious content *** IHPORTANT: Do net epen attachments from unrecognized senders *** 10/18/2005 Requested amendments to the proposed zoning code Land Development Council October 11, 2005 1. In the 3 main residential zones, RS-5, RS-8 and RS-12 we would recommend to reduce the minimum detached single family lot width by 10', which would be consistent with the current code. RS-5 zone minimum would be reduced from 70' to 60', and the RS-8 and RS-12 zones minimum would be reduced from 55' to 45'. A wider lot clearly increases the cost of those lots and promotes sprawl. The duplex and attached single family lot widths would remain as stated in the proposed code. (Page 16, Table 2A-2) 2. In the RS-5 and the RS-8 zones 2-unit attached single family dwellings and duplexes are required to be on comer lots only, each face a different street, the garage be no more than 50% of the front facade of the home and the garage be flush with or behind the front facade of the home (Pages 176-178, Section 14-4B-4, A2b, A2d(1), A2e: Page 183, A5a, A5c(1), A5e(1), A5e(2)). To design a structure that meets all of these criteria is very difficult and leaves 1 unit without a back yard, as evidenced on page 178, Figure 4B. 1 and page 184, Figure 4B.5. In the RS-5 zone, we need to ask ourselves do we want to allow duplexes in our large lot zone. If we do, to make them practical to build and functional for the homeowner, we would suggest to eliminate the requirements that each unit face a different street and to replace the garage standard with that written on #4 below. The proposed code seems to want to make the RS-8 zone a small lot single family zone and the RS-12 zone the attached housing zone. If this is the case, we would suggest in the RS-8 zone to limit the amount of units that can be attached by using a percentage of the total units. We understand the majority of council does not support this idea but it will limit the use of attached housing in this zone but will not make them unpractical to build. 3. In all zones, there are design standards placed on all attached housing (Pages 176-179, Section 14-4B-4, A2d(3), A2e, A2f, A3c(2), A3d: Pages 183-184, A5c(3), A5d, A5e), including the garage standards, the main entrance must be covered by a porch or a transom and sidelight windows, 3" trim required around all windows, doors and below all roof eaves, roof eaves must project 12" from the building wall and exposed, unpaintSd or unstained lumber may not be used along any faCade that is visible from a public or private street. We feel these are purely aesthetic requirements and they should be eliminated fr6in the code. 4. We suggest the following garage requirements: On all lots below 60' wide, the total length of any garage wall that faces a street may not exceed 60% of the length of the street facing building facade. This will eliminate 3-car garages on lots less than 60' wide but will allow reasonable 2-car garages, which are demanded by today's homeowners, on lots 45'-59' wide. We would request removal of the requirement that the garage door be flush with or set back further than the street facing wall of the home. (Page 19, # 6 and various other sections of the proposed code as mentioned above). 5. If you feel a density bonus is warranted in the large lot single family zone, RS-5, we suggest allowing detached single family lots down to 50' wide. The lots between 50'-59' wide would be bound by the garage requirements in #4 above. (Page 21, Al) 6. In the RS-8 zone., in order to make a density bonus economically feasible, we suggest allowing detached single family lot~~ down to 35' wide if an alley is used as the garage access. (Page 21, A2) 7. We would suggest that if the use of alleys is to become prevalent through the use of the density bonuses in the RS-8 and RS-12 zones, that the city take over the alleys in the same manner they do public streets. Otherwise, we believe the short and long term maintenance requirements will become a burden on the homeowners and that the alleys will become in disrepair over time. The cost of both short and long term alley maintenanc'e that is placed on homeowners may make them less attractive to develop. 8. An additional requirement contained in the proposed code is found on page 278, section B2, titled "minimum spacing between driveways". It requires that there must be at least 6' between curb cuts, which is an added requirement in the proposed code and will eliminate having 2 garages next to each other on an attached unit. We would recommend this be eliminated. Page 1 of 1 Marian Karr From: Crow, Laura [Laura. Crow@pearson.com] Sent: Tuesday, October 18, 2005 2:48 PM To: 'council@iowa-city.org' Subject: Revised Zoning Code To the Iowa City Council: I am writing in support of the proposed changes to the Zoning Code. These provisions will help to preserve the character of some of Iowa City's older business areas and may help to preserve some older affordable homes for single-family housing. I am also very much in favor of zoning restrictions on garages that face the street, which are ugly and unneighborly. I am a new home owner myself, and as someone who struggled to find an affordable home when I moved to Iowa City, I think the City Council is moving in the right directions with the proposed changes. Laura Crow 620 Center St. Iowa City This email may contain confidential material. If you were not an intended recipient, Please notify the sender and delete all copies. We may monitor email to and from our network. 10/18/2005 Multifamily Zoning Model - A Compromise Proposed by mccallum m.ark~hotmail.com A plan to encourage rental housing diversity and development of sm.all (1 or 2.bedroom) accessible apartments. To: City Council Members and Plarming Staff From: Mark McCallum Re: Council Work SessJ. on held on October 17th, 2005 I, Council Members: I want to thank you for your consideration of my plan and for rite direction that you gave plmanjng staffto study this proposal. After consideration, of planning staff concerns, thought that I would suggest that m.y "Density Bonus" model (or one similar to it) could .. be integrated into the proposed zoning code rewrite as a Spe ml Exception" provision for Article B. Multi-Family Residential Zones. (P,_M-12, RM-20, RNS-20, RM-44, PRM, MU) By placement in the code as a Special Exception, well intentioned proposals could go forward subject to review by plan.tfing staff and approval by the Board of AdjustmenI. This would eliminate the possibility of any unintended consequences that plannJ, ng staff might be concerned with. In addition, in fill design standards, overlay standards fi. om either conservation or historic districts would act as additional protective measures. I am open to any other ideas that might remedy the problems I believe exi~ tn. the marketplace and I am happy to make myself available to council or planning staff for ix~put. Mark McCallum .~. g 11 East College Street O Iowa Ci.tv,. Iowa 52240 .. Ceil 430-1461 -~ ('2 · 18/18/2885 82:56 3193417812 PAGE 82/84 Multifamily 7~ning Model Proposed by mccallum_ .mark@,hotmaH..cpm A plan to Encourage Rental Housing Diversity and Development of Small (1 or 2 Bedroom) Accessible Apartments Problem Urban Professionals, the Elderly and Disabled are not likely to seek rental housing in the mix of four and five bedroom apartm, ent buildings that are being built in or near the Central Business District. The current and proposed multifamHy zoning model encourages new development to only cater to one demographic group. (18-24 year old college students) The zoning code should be designed to encourage landlords to offer apartment communities with choices that will attract tenauts of all demographic groups ~resent~ in our community. CD Solution '-- -- ~---- Adopt a plan to Encourage Kental Housing Diversity. Rewrite the MultifamJ.l~g~ Code Sections (P,M-12, KM=20, RNS-20, KM=44, PRM, tUO) to express den _~,~ ~ an.CC incremental relationship to the number of bedrooms per acre of land in additio~ffto the number of dwelling units per acre of land. Existing rentals would be "Grandfathered' to current density mix. Unrelated occupancy standards would remain the same. Remove parking advantage of high.er density units, Specifically, one parking spot would be required for each bedroom. Zone overlay and dimensional requirements for each zot~.e would remain in place. Sample Analysis - The New KNS-20 7_~ne Planning and Zonings Proposed RNS-20 Zone which will allow up to four unrelated persons in each unit mad from one to four bedroom unit for each 1,800 square feet of lot area. The proposed zone also allows for two parking spaces for three bedroom units and three parldng spaces for four bedroom traits. 18/18/2885 82:56 3193417812 PA6E 83/84 My plan to encourage Rental Housing Diversity would allow the following: a, Four Bedroom units wi.th four parking spaces required. ( 1,800 square feet of land area per four bedroom unit or 450 sq. feet per bedroom required) b. Three Bedroom milts with three parking spaces.(1,600 square feet of lot area per three bedroom unit or 533 square feet of lot area per bedroom required) c. Two Bedroom units with two parking spaces each. (1,400 square feet of lot area per two bedroom unit or 700 square feet of lot area per bedroom required) d. Efficiency/One Bedroom units with one parking space each (1,200 square feet of lot area per one bedroom/efficiency unit or 1,200 square feet of lot area per bedroom required. By creating a "distinction" in the code between the size of apartment home and the mount of land required for each type of unit. Landlords are encouraged to provide a broader mix of urdm to the market place. Landlords are more likely to creme smaller accessible apartments because the zoning code is no longer punishing them for doing so. Please note: single family and duplex rental units in the multifamily zones are unlikely to reeonfigure to a higher number of dwelling units because park/rig requirements will increase and the property tax code will punish them. The loss of the residential rollback would double their property tax bill. Elimination of the parking advantage for three or four bedroom units will ~ase parking ..problems in nearby residential neighborhoods. Other Proposals to Consider- Empower the Board of Adjustment to allow Special Exception Density Bonus for New Apartment Development and Redevelopment of ex/sting multifamily communities. A. New Development Projects - A density bonus could be offered to encourage the development of small 1 or 2 bedroom accessible units.: Reduce ian.d requirements by (25-50%) for each certifiable accessible small (1 or 2 Bedroom) unit created. Using the proposed RNS-20 density model which requires 1,800 sq. feet per unit. The land requi.red for a certifiable accessible unit would be ~0-135~ square feet. ~ B. Redevelopment ProjecB: Empower the board of Adjustment thru the Special Exception provisions of the code to consider proposals from property owners to increase the total number accessible dwelling units. Reductions in land requirements per unit could be decreased by 0-100% depending on. tlae circumstances and merits of an individual property proposal. Requests to Council Concerning new P&Z Text I have 2 specific requests concerning the text of the proposed new zoning ordinance. I.) First, please keep the level of damage or destruction that can occur to a structure before a non-conforming building has to meet the new code at 100% of the assessed valuation. This has been the rule in Iowa City for more than 25 years. Please Do Not lower this threshold to 75% of the assessed valuation. If you do lower this threshold to 75% of the assessed valuation then insurance costs will increase for many structures in Iowa City. Example: Under Current Code: The building's assessed value = $500,000 Actual replacement cost -- $700.000 If damage or destruction is less than $500,000 - can rebuild as is. If damage or destruction is more than $500,000 - has to meet new code. Under New Proposed Code: The building's assessed value = $500,000 Actual replacement cost = $700,000 If damage or destruction is less than $375,000 - can rebuild as is. If damage or destruction is more than $375,000 - has to meet new code. 1 Remember if the structure is non-conforming: It could be because of- 1. Building placement on lot and/or minimum yard requirements 2. Parking requirements 3. Building design requirements 4. Density requirements 5. Use is no longer allowed in given zone Therefore, if enough of the structure is damaged or destroyed to bring into play non-conformity and require the rebuilt structure to meet the new code, either the cost of rebuilding will be higher - or - the building may not be able to be rebuilt at its present location! 2) My second request is to eliminate and remove any additional restrictions as to building placement, parking placement or yard requirements in a C/O zone if the C/O zone is next to a residential zone. Also please allow full parking in front of any office building in a C/O zone. Again, almost all of the C/O zone around Mercy Hospital is next to a residential zone. As I understand the new proposed zoning code would apply addition restrictions on office development in any C/O zone 2 adjacent to a residential zone. In recent years we have already seen policies which have discouraged new office development around Mercy. It is highly desirable to develop a heath care core around Mercy and encourage office development in this area. In fact, policies and codes should encourage this office development around Mercy not discourage it. Also, it is highly desirable for patients, who may be ill or convalescing, to be able to pull in and park directly in front of a medical office building. As such, patient parking should be readily allowed in front of any new medical or health care office building. John Kammermeyer, M.D. Honorable Mayor and City Council Oct 18.05 ~ ~'] lie Iq. Discrimination against: Owner Occupied: Single Family: Buy house with permit instant loss of $40 thousand dollars. You cannot get permit back when they sell. You cannot maintain your permit, or if you move you will lose $400 Month if they want to rent it. Landlords: Landlords houses sold will not be available to buy for the same occupancy. This will create a monopoly for the currant landlords and keep any new buyers out. It will also make sure that all properties with rental permits now will never be sold to single family. Landlords also discriminated against because of no reduction on Rm44. If we are going to reduce roomers it should be across the board. This would not only be fair but it would be legal! partial down zoning is Illegal. Students: Students should have the same rights to live in a house as any one else. The city should not try to force students into apartments. Students have lived in some of these houses that no one else wanted. They paid the taxes and paid to fix them up and now we are going to say you can't do that any more. Taking away $400 per month will have a serious impact on the amount of money that is spent on fixing up houses. Taxes Values will be all over the place value will fluxuate on identical houses solely on having a Permit or not. Tax values will have to be set in the middle permit or not permitted. This will make taxes in these zones high for single family and low for Landlords. because the values will be about $40 thousand lower with out a permit. You cannot have different taxes for the same house in the same zone because one has a permit and one does not. Rental housing dept. This is a disaster for the rental housing dept. On some streets like Lucas over 80% of the houses will be grandfathered in between bowery and governor almost all of them. alike houses on the same street will have different occupancies, many houses will have extra rooms. We will have more illegal occupancy more people not on the lease. Many problems occur when people are not on the lease. They will also have rooms to set up bars. The #1 reason on my rental application for moving is (I wanted a house!) There is a certain amount of people that will not live in an apartment. If over time the zoning does force people out of some of these houses and they become single family many on them will not go to apartments. I am getting more and more calls for Fairchild and church street also collage and lower Muscatine. This will mean more houses to inspect for the city. And less money to do repairs for the landlord. Same # of people. Parties are not linked to 3 or 4 or5 Bedroom anyway they are linked to who complains! I have seen houses on Fairchild get a disorderly house with 16 people. There are routinely parties of 50 or more on Johnson ave. that go unnoticed every Thursday and Saturday. If you push people out of the close in houses they will move farther out to get a house and complaints will go way up. Zoning Rental housing. You cannot solve the party problems with zoning Or with housing inspectors. These people go home at 5oclock. The kids do not care about zoning. They do not care about disorderly house. Kids have a party and you fine them $100 and punish the landlord, what a great deal for them. They just made 8 to 12 hundred Dollars with there bar. There 1,000 or more underage kids rooming the streets on party nights looking for house bars. When the find one they use their cell phones and with in an hour a house can have 300 people there buying beer at $5 a glass. This will continue until the police come. Police. This is the only way to control parties the kids will drink no mater where we put them our only chance is to watch them. We had our permits raised to hire a new inspector. We should use that money for one officer working from 9PM to 31~n Thursday Friday and Saturday with the sole purpose of driving down the party streets. This would go a long way to keeping these parties from growing. And make these neighborhoods safer. With traffic. Parking. Accidents etc. it is tough for the regular on duty officers to pick up the extra load on some party nights. Parking Instead of trying to kick out one person out of every new rental house the city needs to increase parking requirements. ½ space per roomer not near enough parking Almost all of the students living in houses and apartments have cars. we have 5 bedroom houses that need only three parking spaces. A 12 plex of 3 bedrooms each has 36 people but requires only 24 spaces. The other 12 cars will not fit in front of the 12 plex. The two cars from a 5 Br house would the cars filling our streets are mostly not coming from single family houses. Increased parking would help control density without making a mess out of zoning and over time would help the parking problem. This would make the extra parking necessary only for a rental permit so it would not cause problems for single family owner occupied. o.4 This lower occupancy benefits no one. It damages the single family owner occupied the most It gives a monopoly to current owners. It shuts out future owners who want to fix up and rent. It is a big headache for the assessor as values will be unstable and un fair. It discriminates against the student who wants to live in a house. Over time this will move students out into other houses. And it is a disaster for the rental housing department who is already overloaded? The only possible purpose of the lower occupancy requirements would be to force students onto apartments. If this does succeed in forcing students into down town apartments. Parking will be worse, partying will be worse and maybe less people will complain and it will seem better. Remember now that you have crammed every body down town half of them cannot go to the bars so they must head back out into neighborhoods. Control the parking and use the Police to control the parties. The police are the Only ones that have training to Handle them. Not landlords not rental housing and not zoning. And no matter where we put these kids we will need the parking. Thank you for your time. Greg J Allen 319-936-7100 ( Gwen. Johnson,3__ 19) 631-4936 MLS # Address City Price Status _istin9 Date 21osin;I Date 20055667 1703GST Iowa City $105,00( New 10/10/2005 20053728 223 DRESSAGE CT Iowa Cit~ Active $109,90( 7/5/2005 20053822 126 Paddock Circle Iowa City $114,90( Active 7/11/2005 20055287 3051 WAYNE AVE Iowa City $118,90( Active 9/20/2005 20055441 837 RUNDELL ST Iowa City $119,90( Active 9/29/2005 20050162 158 ARABIAN CT Iowa City $119,90( Active 1/14/2005 20053932 1702 GRYN IowaCity $122,90(: Active 7/15/2005 20055283 2306 MIAMI DRIVE Iowa City $123,90(: Active 9/19/2005 20055699 2109 UNION RD Iowa City $124,90( New 10/12/2005 20054984 2309 FRIENDSHIP IowaCity $124,90(: Active 9/4/2005 20053846 2619 WAYNE AVE Iowa City $124,90( Active 7/9/2005 20055504 422 WEST SIDE DR Iowa City $125,00( Active 10/3/2005 2005356~ 118 Paddock Circle Iowa City $125,90( Active 6/24/2005 2005489( 474 WEST SIDE DR Iowa City $126,500 Active 8/25/2005 20055062 458 WEST SIDE DR Iowa City $127,900 Active 9/10/2005 2005456,~ 1443 PLUM ST. Iowa City $128,000 Active 8/15/2005 2005441( 328 4TH AVE Iowa City $128,900 Active 8/3/2005 20054455 1936 HANNAH JO CT Iowa City $132,900 Extended 8/8/2005 20055051 1507 TRACY LN Iowa City $133,500 Back On Marke 9/8/2005 2005459~ 819 S VAN BUREN ST Iowa City $133,900 Active 8/15/2005 20055157 705 6th Avenue Iowa City $134,000 Active 9/13/2005 2005573( 1121 Carver Iowa City $134,900 New 10/14/2005 2005560.~ 1401 LAUREL ST Iowa City $134,900 Active 10/7/2005 20055486~ 1624 RIDGE ST Iowa City $134,900 Active 10/2/2005 20055340 13 AMBER LN Iowa City $134,900 Active 9/23/2005 20054361 1228 3RD AVE Iowa City $134,900 Active 8/2/2005 20055385 1402 SPRUCE Iowa City $135,000 Active 9/26/2005 20042225 205 PADDOCK ClR Iowa City $135,000 Active 5/2/2004 20053185 2217 BANCROFT DR Iowa City $136,500 Active 6/3/2005 20055335 1520 BROADWAY ST Iowa City $136,900 Active 9/22/2005 20054453 2014 E COURT Iowa City $137,500 Reduced Price 8/7/2005 20055679 552 WES-I-WINDS DR Iowa City $138,000 New 10/7/2005 20055565 546 WESTWINDS DR Iowa City $138,000 Active 10/5/2005 20053305 908 N DODGE ST Iowa City $138,500 Active 6/7/2005 20055794 1612 BROADWAY ST Iowa City $139,900 New 10/13/2005 20055527 710 DIANA COURT Iowa City $139,900 Active 10/3/2005 20055203 50 AMBER LN Iowa City $139,900 Active 9/13/2005 20054398 2310 PLAEN VIEW DR Iowa City $139,900 Active 8/3/2005 20053586 625 DIANA CT Iowa City $139,900 Active 6/24/2005 20050161 153 ARABIAN CT Iowa City $139,900 Active 1/14/2005 20042157 2946 HEINZ RD Iowa City $139,900 Active 4/29/2004 20042156 2944 HEINZ RD Iowa City $139,900 Active 4/29/2004 20032610 2902 HEINZ RD Iowa Cit~ $139,900 Active 7/11/2003 20032607 2906 HEINZ RD Iowa City $139,900 Active 7/11/2003 20032606 2908 HEINZ RD Iowa City $139,900 Active 7/11/2003 20055505 1425 RIDGE ST Iowa City $140,000 Active 10/2/2005 20053726 1521 BROADWAY ST Iowa City $140,000 Active 7/1/2005 20054073 1135 HOWELL ST Iowa Cit~ $141,900 Active 7/21/2005 20053740 310 COLLEGE CT Iowa Cit~ $144,500 Active 6/29/2005 20055796 425 UPLAND AVE Iowa Cib/ $144,900 New 10/14/2005 20054414 11094THAVE Iowa Cit~ $144,900 Active 8/4/2005 20045285 2651 WHISPERING MEADOW DR Iowa Cit) $146,500 Active 11/10/2004 20055770 708 Rundell St Iowa Cit~ $146,900 New 10/17/2005 20052422 1213 HOLLYWOOD BLVD Iowa Cit) $148,900 Active 5/2/2005 20055137 1617 HOLLYWOOD BLVD Iowa Cit) $149,500 Active 9/9/2005 20052790 4060 Kitty Lee Rd. Iowa Cit) $149,800 Active 5/17/2005 20055506 1135 Franklin Street Iowa Cit) $149,90(3 Active 10/1/2005 20054962 1104 MUSCATINE AVE Iowa Cit) $149,90(3 Active 9/1/2005 20054916 2258 Russell Dr. Iowa Cit~ $149,906 Active 8/31/2005 20050149 218 DAPPLE CT IowaCit) $149,90(3 Active 1/13/2005 20055336 4364 Court Iowa Cit) $153,00(3 Active 9/21/2005 20055511 35 CAROLINE CT Iowa Cit $154,95(3 Active 9/30/2005 20053599 421 AMHURST ST Iowa Cit) $157,50(3 Active 6/26/2005 20055009 3105 FRIENDSHIP ST Iowa Cit) $158,00(3 Active 9/6/2005 20055514 1715 DEFOREST AVE Iowa Cit) $158,90(3 Active 10/3/2005 20055165 1129 W BENTON ST Iowa Cit) $159,00(3 Active 9/12/2005 20054419 3032 WAYNE AVE Iowa Cit) $159,00(3 Active 8/5/2005 20055554 1804 GLEASON AVE Iowa Cit) $159,90(3 Active 10/5/2005 20055477 1707 Hollywood Blvd Iowa Cit~ $159,90(3 Active 10/1/2005 20054164 408 TERRACE RD Iowa Cit) $159,90(3 Active 7/22/2005 20053961 1926 E COURT Iowa Cit) $159,906 Active 7/15/2005 Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 20052257 2433 ASTER AVE Iowa Cit) $160,00C Active 4/22/2005 20054983 1644 Morning]side Drive Iowa Cit) $162,00C Contingent 9/6/2005 20055409 36 JEMA COURT Iowa Cit) $162,90C Active 9/28/2005 20054580 2762 IRVING AVE Iowa Cit} $162,90C Contingent 8/17/2005 20055411 4359 COURT ST Iowa Cit) $166,50C Active 9/28/2005 20053810 1210 Keokuk St. Iowa Cit} $168,50¢ Active 7/7/2005 20055763 1614 Dickenson Ln Iowa Cit $169,90(; New 10/13/2005 20055647 3122 JUNIPER DRIVE IowaCit $169,90(; New 10/9/2005 20055508 38 NORWOOD CIR Iowa Cit), $169,90(; Active 10/3/2005 20055363 1210 YEWELL STREET Iowa City $169,90(; Active 9/24/2005 20054048 2774 irving ave Iowa City $169,90(; Active 7/20/2005 20054025 4440 E COURT ST Iowa City $169,90(; Active 7/18/2005 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Lepic-Kroeger, REALTORS® Household Income Debt to Income Monthly Payments Maximum Purchase Price $20,000.00 50 / 10°/o $833.00 $80,000.00 $25,000.00 50 / 10% $1 ~040.00 $95,000.00 $30,000.00 50 / 10% $1 250.00 $110,000.00 $35,000.00 50 / 10% $1 458.00 $125,000.00 $40,000.00 50 / 15% $1 666.00 $140,000.00 $45,000.00 50 / 15% $1,875.00 $155,000.00 $50,000.00 50 / 15% $2 083.00 $170,000.00 $55,000.00 50 / 20% $2 291.00 $185,000.00 $60,000.00 50 / 20% $2 500.00 $200,000.00 $65,000.00 50 / 20% $2 708.00 $215,000.00 $70,000.00 50 / 20% $2 916.00 $230,000.00 *Assume above average credit *Assume interest rate is 6% *Payments assume 5% minimum down payment *Payments includes estimates for taxes, insurance, and PMI *Assume there is 10%-20% other debt present plus the house payment 2346 Mormon Trek Iowa City, IA 52246 Office phone; 319-248-0545 Fax: 319-248-2055 Gwen Johnson 631-4936 Gwen Johnson (319) 631-4936 MLS # Status Area Address Total BR Total FBath.. rotal 3/4Baths total HBath~ ~old Pric~ 20055667 New Iowa City 1703 G ST 3 1 0 0 20053728 Active Iowa City 223 DRESSAGE CT 3 2 0 0 20053822 Active Iowa City 126 Paddock Circle 3 2 0 0 20055287 Active Iowa City 3051 WAYNE AVE 3 1 1 20055441 Active Iowa City 837 RUNDELL ST 3 1 0 20050162 Active Iowa City 158 ARABIAN CT 3 2 0 0 20053932 Active IowaCity 1702 GRYN 3 1 0 0 20055283 Active Iowa Cit~ 2306 MIAMI DRIVE 3 1 0 0 20055699 New Iowa City 2109 UNION RD 3 1 0 0 20054984 Active Iowa Cit~ 2309 FRIENDSHIP 3 1 0 0 2005384C Active Iowa Cit) 2619 WAYNE AVE 3 1 1 0 20055504 Active Iowa Cit) 422 WEST SIDE DR 3 2 0 0 20053568 Active Iowa Cit) 118 Paddock Circle 3 2 0 0 2005489(; Active Iowa Cit 474 WEST SIDE DR 3 2 0 20055062 Active Iowa Cit 458 WEST SIDE DR 3 2 0 0 2005456zl Active Iowa Cit), 1443 PLUM ST. 3 1 0 0 2005441£ Active Iowa City 328 4TH AVE 3 1 1 0 20054455 Extended Iowa City 1936 HANNAH JO CT 3 2 0 20055051 Back On Markel Iowa City 1507 TRACY LN 3 1 1 0 2005459~ Active Iowa City 819 S VAN BUREN ST 3 1 I 0 20055157 Active Iowa City 705 6th Avenue 4 2 0 2005573( New Iowa City 1121 Carver 3 1 1 20055609 Active Iowa City 1401 LAUREL ST 3 1 1 0 20055486 Active Iowa City 1624 RIDGE ST 3 1 1 0 20055340 Active Iowa City 13 AMBER LN 4 1 1 20054361 Active Iowa City 1228 3RD AVE 4 1 1 0 20055385 Active Iowa City 1402 SPRUCE 3 0 1 0 20042225 Active Iowa City 205 PADDOCK ClR 3 2 0 20053185 Active Iowa City 2217 BANCROFT DR 3 1 0 0 20055335 Active Iowa City 1520 BROADWAY ST 3 1 1 0 20054453 Reduced Price Iowa City 2014 E COURT 3 1 1 0 20055679 New Iowa City 552 WES-I'WINDS DR 3 2 0 0 20055565 Active Iowa Cit~ 546 WESTWINDS DR 3 2 0 0 20053305 Active Iowa City 908 N DODGE ST 3 1 1 0 20055794 New Iowa City 1612 BROADWAY ST 3 1 1 0 20055527 Active iowa Cit~ 710 DIANA COURT 3 2 0 0 20055203 Active Iowa Cit~ 50 AMBER LN 3 1 1 0 20054398 Active Iowa Cit) 2310 PLAEN VIEW DR 3 2 0 0 20053586 Active IowaCit) 625 DIANA CT 3 1 0 1 20050161 Active Iowa Cit~ 153 ARABIAN CT 3 2 0 0 20042157 Active Iowa Cit} 2946 HEINZ RD 3 1 1 1 20042156 Active Iowa Cit} 2944 HEINZ RD 3 1 1 1 2003261¢ Active Iowa Cit 2902 HEINZ RD 3 1 1 1 20032607 Active Iowa Cit 2906 HEINZ RD 3 1 1 1 2003260(~ Active Iowa City 2908 HEINZ RD 3 1 1 1 2005550~ Active Iowa City 1425 RIDGE ST 3 1 0 0 2005372~ Active Iowa City 1521 BROADWAY ST 3 1 0 0 20054073 Active Iowa City 1135 HOWELL ST 3 2 0 0 2005374£ Active Iowa City 310 COLLEGE CT 3 1 1 0 2005579~ New IowaCity 425 UPLAND AVE 3 2 0 0 20054414 Active Iowa City 1109 4TH AVE 3 1 0 0 20045285 Active Iowa City 2651 WHISPERING MEADOW DR 3 1 1 0 20055770 New Iowa City 708 Rundell St 3 1 0 0 20052422 Active Iowa City 1213 HOLLYWOOD BLVD 4 2 0 0 20055137 Active Iowa City 1617 HOLLYWOOD BLVD 3 1 1 0 20052790 Active Iowa City 4060 Kitty Lee Rd. 3 I 1 1 20055506 Active Iowa City 1135 Franklin Street 3 1 1 0 20054962 Active Iowa City 1104 MUSCATINE AVE 4 2 0 1 20054916 Active Iowa City 2258 Russell Dr. 3 1 1 0 20050149 Active Iowa City 218 DAPPLE CT 4 2 0 0 20055336 Active Iowa City 4364 Court 3 2 1 20055511 Active Iowa City 35 CAROLINE CT 3 1 1 0 20053599 Active Iowa City 421 AMHURST ST 3 2 0 0 20055009 Active Iowa City 3105 FRIENDSHIP ST 4 1 1 0 20055514 Active Iowa City 1715 DEFOREST AVE 4 3 2 0 20055165 Active Iowa Cit~ 1129 W BENTON ST 3 2 0 0 20054419 Active Iowa Cit~ 3032 WAYNE AVE 3 1 1 0 20055554 Active Iowa Cit~ 1804 GLEASON AVE 3 1 0 0 20055477 Active Iowa Cit' 1707 Hollywood Blvd 3 3 0 20054164 Active Iowa Cit~ 408 TERRACE RD 4 1 1 0 20053961 Active Iowa Cit} 1926 E COURT 3 1 0 1 Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 20052257 Active Iowa City 2433 ASTER AVE 4 2 0 0 20054983 Contingent Iowa City 1644 Morningside Drive 3 1 1 0 20055409 Active Iowa City 36 JEMA COURT 3 1 1 0 20054580 Contingent Iowa City 2762 IRVING AVE 3 2 1 1 20055411 Active Iowa City 4359 COURT ST 3 2 0 1 20053810 Active Iowa City 1210 Keokuk St. 3 1 0 0 20055763 New Iowa City 1614 Dickenson Ln 3 2 0 1 20055647 New Iowa City 3122 JUNIPER DRIVE 4 2 0 0 20055508 Active Iowa City 38 NORWOOD CIR 3 1 1 0 20055363 Active Iowa Cit~ 1210 YEWELL STREET 3 0 1 0 20054048 Active Iowa City 2774 irving ave 3 2 0 2 20054025 Active Iowa City 4440 E COURT ST 3 2 0 1 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 | MLS # 20055667 20053728 120053822 20055287 FAMILY/ACREAE SINGLE FAMILY/ACREAE I~-~--¢AMILY/ACREAE ;INGLE FAMILY/ACREAE Property Type SINGLE Single Family le Family 'l~'~ ~aa~' Condo Attached Iowa City Iowa City Iowa City Iowa City ST 223 DRESSAGE CT )ck Circle 3051 WAYNE AVE Iowa City Iowa City Iowa City Iowa City IA IA IA IA ;2240 ;2241 Status New Active Active Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # _~0055441 20050162 20053932 20055283 Property Type INGLE FAMILY/ACREA(2 SINGLE FAMILY/ACREA6 .S_I_NGLE FAMILY/ACREAE SINGLE FAMILY/ACREAE Ownership Type Single Family S~n-~ Fa___ m_il_.y. ............................... Zero Lot Single Family Area Iowa City Iowa City I..o?a_ _Cit_y_ ................................... ~o~--~ Address 937 RUNDELL ST 158 ARABIAN CT 1702 GRYN 2306 MIAMI DRIVE City ................................ Iowa City Iowa City !.9.~a Ci?y ........................... Iowa City State IA IA IA Zip ;2240 5~2246 ............................. 5_224__? ........................... 52240 ~a]u_s_ Acti___y.~ ............................ _AA. ctiv~e .................................. A ~c_t~i.~ ............................ A_c_~t i v__.e~ ................................ Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # !0055699 20054984 20053840 20055504 Property T__ype ................ ;INGLE FAMILY/ACREA6 SINGLE FAMILY/ACREAE ................................. SiN----GL--~:-~'~"~i'i~;~'~;~(REA'----~ ......... SINGLE FAMILY/ACREAE Ownership Type 3in___gle Family Single Family ~ng_~_~l~ ......................... Condo A~ached Area Iowa City Iowa City I?.~a__~it~ .................................. ~'~ City Address 2~ UNION RD 2309 FRIENDSHIP 2619 WAYNE AVE 422 WEST SIDE DR ~ City Cit~ Iowa City Iowa City Iowa City 52246 Zip ....................... ;2240 2245 522__~0 .... Active Active Active ;tatus New Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20053568 20054890 _~0055062 20054564 Property Type SINGLE FAMILY/ACREAE SINGLE FAMILY/ACREA(: SINGLE FAMILY/ACREA6 SINGLE FAMILY/ACREA6 Ownership Type Single Family Condo Attached Condo Attached .Single___~Fa__m_i.l.y Area Io-~a ~ii'~ Iowa City Iowa City Iowa Ci__ ~.-ddress 18 Paddock Circle 474 WEST SIDE DR 458 WEST SIDE DR 1443 PLUM ST. Cit---y Iowa City Iowa City Iow~__C_.!t_y. ............................ Io~w_a~Cit_~y State IA IA IA IA Zip ;2246 5__2246 52246 ,2240 ,t?t~u_s_ Acti?e Activ._____e~ ......................... ~c_ti_ve A~ctiv__. e Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20054410 20054455 20055051 20054593 Property Type SINGLE FAMILY/ACREAE ;INGLE FAMILY/ACREA(~ SINGLE FAMILY/ACREA6 SI__NGLE FAMILY/ACREA(~ Ownership Type Single Family Zero Lot ~n~le Family Single Family Area Iowa City iowa City i~)~ .................. Iowa City Address 328 4TH AVE 1936 HANNAH JO CT 1507 TRACY UN 819 S VAN BUREN ST ~ Iowa City ~o-~a City i'~w~ City Iowa City State i-~ IA ,~ .............................. IA ~ .................... ~2240 2240 52240 ;2240 Status Active Extended B~'~6.~.. M__a _r _k_e! ..................... A~c. tiv_~ Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 IMLS# [~0_055157 21)055730 20055609 20055486 P~p~e~y Type ~_S_I~-E--~AMILY/ACREA6 SINGLE FAMILY/ACREA6 ~i~GL_~.~_~A~.~E~% ....... ,INGLE FAMILY/ACREAE ingle Family Sin_~_~_e~_~m_~ly .......................... Singl__.. e Famil___._~ ..................... ~s~¢ ~pe ~~~ ~'~---~ lows City ~ ~~~'~ Iowa City IAddress 17056th Avenue ~ ~ ~ ~' LAUREL ST ~ RIDGE ST ~ ~a City ~ity iowa City Iowa City Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055340 20054361 20055385 20042225 Property Type ;INGLE FAMILY/ACREAE ;i~N__GL__E__F_A___MIL__.Y?_._.A_9_R~E_A~_ ..... SINGLE FAMILY/ACREA6 ;INGLE FAMILY/ACREA(~ ~r-ship Type Single Family S_i_~ngle Fa__ ?il___y. .................................. '~n~g~ ~'~n~y Sing?e~ Area ~o~v~ City Iowa City Iowa City Iowa City Address ~ AMBER LN 1228 3RD AVE 1402 SPRUCE 205 PADDOCK CIR City Iowa City Iowa City Iowa City Iowa City State IA ~ ............................ 5.._2.240 ~240 52240 52240 _St__at.u~ _A~[i?. ................................. Ac~t !_v_e_. ............................... ~tiv~~ A~c!i__? Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20053185 20055335 20054453 20055679 Property Type ;INGLE FAMILY/ACREA(: SINGLE FAMILY/ACREA(: ,_IN~G~_L_E_.!~.[~.A. CR~.E_ A(~_ ........ ;INGL~E FAMILY/ACREA(: Ownership Type Single Family Single Family Simple F___ a?i.l.~ ..................... zero Lot Area Iowa City Iowa City Iowa City Iowa City Address 2217 BANCROFT DR 1520 BROADWAY ST ~-~'~ .................... 552 WESTWINDS DR ~ .......................... Iowa City Iowa City [o_wa~_~.Ci~.t~ ............................. Iowa City State IA IA I~ ............................... IA Zip 52240 52240 ~2~__ ............................. 52246 ;~at~ ..................... ~ti.v~ .............................. Ac._J?e ............................ ~e....~ .~ri~__~ .............. ~ Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055565 20053305 20055794 20055527 Property Type ;INGLE FAMILY/ACREAE SINGLE FAMILY/ACREA(; S__IN__G.L_~E?~_M~_I_LY_[A~___C~EA_ C .......... ;INGLE FAMILY/ACREA(: 3wnership Type Zero Lot ~-o-~c~,t~a~e~' Sin_ g!e F__._~a__~m~.!l~y .................................... Single Family ~-~e~ Iowa City ~ City I_~w_~?ty ............................... Iowa City Add'~e~'~ ......................... ~ WESTWINDS DR 908 N DODGE ST 1612 BROADWAY ST ~~b~ City Iowa City ~ City I~w_~.~ ~i~. ........................... Iowa.?t~ ~ IA IA IA IA ~ 52246 ~245 ;~ .................................... ~ ................................. Active Active ~ZTM. St~tu~ ....................... ~zti~z Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055203 20054398 20053586 20050161 p--~-~pe--~;--i-y-Pe .............. ;INGLE FAMILY/ACREA(~ SINGLE FAMILY/ACREAE ,~iNGLE FAMILY/ACREAE SINGLE FAMILY/ACREA(~ Ownership Type Single Family 7er___o_Lo__t~ Single Family ~-r~le Family Area Iowa City iowa City Iowa City Address 50 AMBER LN ~ PLAEN VIEW DR 125 DIANA CT 153 ARABIAN CT ~ ........................... Iowa City Iowa City Iowa City Iowa City Stat___~e ......................... ~ IA IA ~A-- Zi__p_p ................................ ~'~240 ~>_ 4~ ;2240 ,2246 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20042157 20042156 20032610 20032607 Property Type SINGLE FAMILY/ACREA(~ SINGLE FAMILY/ACREA(~ ............. SINGLE FAMILY/ACREA(~ S~LE FAMILY/ACREA(~ Ownership Type Condo Attached Condo Attached ....... ;?_n_d~o~?.~a__c.h._e_d. ...................... "(}~-~t~ Attached Area Iowa City I-~wa ~ii~ !~_wa Cit~y_ ............................. Iowa City Address 2946 HEINZ RD 2944 HEINZ RD 2902 HEINZ RD 2906 HEINZ RD City Iowa City ~ C__.itY I?_~..a__Cit_~ ............................. Iowa City ~tate ~- IA IA ......................................... IA Zip ............................ 522,~40_ .......................................... ,224__~00 5__2240 ........................... 52240 !t__at__u__s ~.A_ c~tiv__ ~ ..................................... A_c. t i v__ e_ ~A_c~i.~ Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 ML$ # 20032606 20055505 20053726 20054073 Property Type ;INGLE FAMILY/ACREA6 ;INGLE FAMILY/ACREA(~ SINGLE [:AMILY/ACREA(~ ;INGLE FAMILY/ACREA(~ Ownership Type Condo Attached Single Family Sing?_~ e Area Iowa City Iowa City Iow_ a_Cit_y Address 2908 HEINZ RD 1425 RIDGE ST 1521 BROADWAY ST 1135 HOWELL ST City Iowa City Iowa City ~C_~_Y' State IA IA I_A~ Zip 52240 52240 522_. 4_0. ...........................52__240 itatus A--~tiv--~ .............................. ~c~v~" Active Active Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20053740 20055796 20054414 20045285 P-~op~-~ .......................SINGLE FAMILY/ACREA(: SINGLE FAMILY/ACREA(: SINGLE FAMILY/ACFIEA(: ;INGLE FAMILY/ACREA6 Ownership Type Single Family Single Family Single Family Singl~_e Fa_ m)ly Ar-'~; ..................... Iowa City Iowa City i~-~i~t~ .......................... Iowa City Address 310 COLLEGE CT 425 UPLAND AVE .!.109 4TH AVE '~5~ WHISPERING MEAl; Cit~y ..................... Iowa City Io__w_a Cit_~y ...................... Io~_w._~.a_.?~y_ ................ Iowa_ City irate IA IA IA ZiP .............................. 2245 52245 52240 52240 .~S!_a_t_u ~_- ,A.C~t(v _e N._e..~ ~(~ Active Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # ::)0055770 20052422 20055137 ,20052790 Property Type SINGLE FAMILY/ACREA(: 'S-~N--GLE FAMILY/ACREA(: -_SI~N~L_E?_~_M.I.~_y.~/~_C..REA___~ ....... SINGLE FAMILY/ACREA(:: Ownership Type Single Family Single Family ~ing~.~le~F~!!y~ .................................. Sin~_._g_[e.Fa _mil__Y Area Iowa City Iowa City I_o_~w~a_.~it._y ............................. iowa City_. Address 708 Rundell St 1213 HOLLYWOOD BLVB 1617 HOLLYWOOD BLVB 4060 Kitty Lee Rd. City Iowa City Iowa City ~_ C~?!~ I,~o~_a..~Cit__y~ State IA IA I~_~ IA Zip 32240 ;2240 52240 52240 Status New 5c__ti.~_e ............................... ~!i~ .................. Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055506 20054962 20054916 20050149 Property Type ;INGLE FAMILY/ACREAC SINGLE FAMILY/ACREAC SINGLE FAMILY/ACREAC SINGLE FAMILY/ACREAC Ownership Type Single Family Single_~F_a_m_i._!_y. ........................ Single Family Single Family Area Iowa City Iowa City Iowa City Io__wa__C_Ciby ~-d-d-~'.~ .......................... 1135 Franklin Street 104 MUSCATINE AVE 2258 Russell Dr. 218 DAPPLE CT Ci?___y ........................... I,~oo~wa__~C_it_y__ ......................... Iow_ ~a_.~_it~y .................................. !~_w~a _Ci_t.~y. ............................. Iow~ ..~..Cit__~y State IA IA IA IA Zip .......... 52240 5224____~0 ~ ................................ ;2240 52240 ~-~-~t~' ................ Active Active Active Active Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055336 20055511 20053599 20055009 Property Type SINGLE FAMILY/ACREAE ;INGLE FAMILY/ACREA( ;I_N~.~.L._E_~.~_I.~,~_~,~._EA~ ......SINGLE FAMILY/ACREA(~ Ownership Type :ondo Attached Single Family s?_?_.gl_?F_~_r~.!l~ ..................... Single Family I_.0?.a__C. it_~ Area Iowa City Iowa City Iowa City Address 4364 Court 35 CAROLINE CT 421 AMHURST ST 1105 FRIENDSHIP ST Ci_tY .................................... Iowa City Iowa City Iowa City State IA IA I_A_ IA ~ip~ .......................... 52245 ~-~240 5~2~2_4~_.5 5224___ _5 _S.~t_at. _u~s_ .................A?.t.! ¥.e_ ;A~ti__v_e ~ctiv~ Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055514 20055165 20054419 20055554 Property Type ;INGLE FAMILY/ACREA(: SINGLE FAMILY/ACREA6 _S_INGLE F_ __y_ _A_~rvl~!~¢~.~CEI~E__AE__~ ........ SINGLE FAMILY/ACREA(~ Ownership Type Single Family ~le Family ~ing~ le~_~.amil~ ............................. Single Family Area Iowa City ~ City Iowa City ................... Iowa City Address ~DEFOREST AVE 1129 W BENTON ST 3032 WAYNE AVE 1804 GLEASON AVE City ~ City Iowa City State IA IA IA ~ 522. ~ ......................... 52246 5324~ ............................. 2240 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20055477 20054164 20053961 20052257 p"-rop---~y-:i:Yp~- ................ ~-(~'LE FAMILY/ACREA(: ~'INGLE FAMILY/ACREAE SINGLE FAMILY/ACREA6 ;INGLE FAMILY/ACREA6 Ownership Type "S~ -~a~y ~ingle Family ~le._[~il~ ................................ single Family Area ~' Iowa City .......................... Iowa Cit_ _ y ................................................................. Iowa City Address 1707 Hollywood Blvd 408 TERRACE RD 1926 E COURT Cit~ ................................... Iowa City Io~.,Cit_ y .......................... Iowa City State IA IA t~ ..................................IA Zip .................................... ;2240 5224~ ............................................. 2245 52240 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MIS # 20054983 20055409 20054580 20055411 Property Type SINGLE FAMILY/ACREAE SINGLE FAMILY/ACREAE ;INGLE FAMILY/ACREA(~ SINGLE FAMILY/ACREA(~ Ownership Type Single Family Condo Attached S?_n~!e_~a_m~ il__y ............................ ~ondo Attached ~re~ Iowa City Iowa City Io~w_~_Ci__ty~. ............................... Iowa City Address ~ Morningside Drive 36 JEMA COURT 2762 IRVING AVE 4359 COURT ST City Iowa City Iowa City Iowa City ~ IA IA I_A~_ IA Zi._~p ............................... 52245 52240 52246 52245 Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 MLS # 20053810 20055763 20055647 20055508 Property Type SINGLE FAMILY/ACREAE SINGLE FAMILY/ACREA(: _S.INGLE FAMILY/ACREA(: ~INGLE FAMILY/ACREA(: Ownership Type ~n~le Family Single Family Single Family Single Family Area ~-~ City ~-~N~-~i~y ~-a~-~__y~'~_2~"'--"_~_i"~'.i'-~-'~-~._.-..i~-~"~'~...~ Iowa City Address 1210 Keokuk St. 1614 Dickenson Ln 3122 JUNIPER DRIVE 38 NORWOOD CIR ~ Iowa City 7~w-~i~yy I_ow__a_,Cit~ ......................... Iowa City ;tare IA IA IA IA :ip 2240 5__2240 5__2240 5__2245 ;tatus Active N.~.~ ..................................... ~Z~ ................................. -Act i---v-e-~ ................................... Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 I~_Ls # __.0055363 20054048 20054025 E__~pty [~-r~_p-'~-~¥~t-I~ ................. S-~N~LE FAMILY/ACREAE SINGLE FAMILY/ACREA~ ;INGLE FAMILY/ACREA~ Empty_ ~~_~-p~'_~-'_~'~-~.~"~ Single Family ~ Lot Condo Attached Em~ty~ ~ea ....................... iowa City Iowa City Iowa City ~ Empty_ _ irving ave ~ess 1210 YEWELL STREET ~ ....................................4440 E COURT ST Empty ~~-~"~.~ I~ ~ .... Iowa City ~-~ -- Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 No. of Dollar Average Median Average Status Class Type Area Listings Volume Price Price DOM Active Listings 83 $11,85~50 $! 42.830 $! 39~00 111 Li~tings Under Contract 0 $0 $0 $0 0 Listings Sold 2005 0 $0 $0 $0 0 Active SINGLE FAM I LY/ACREAG E Single Family Iowa City 51 $7,292,450 $142.989 $140,000 91 Sub 51 $7,29~.450 $142,989 $140~000 91 Total Condo Attached Iowa City 14 $1,988,600 $142,043 $139,900 285 Sub 14 $!~988,600 $142,043 $139~900 285 Total Zero Lot Iowa City 4 $570,700 $142,675 $138,950 69 Sub 4 $570.700 $142.675 $138,950 69 Total Back On Market SINGLE FAMILY/ACREAGE Single Family Iowa City 1 $133,500 $133,500 $133,500 40 Sub 1 $1~3~500 $133,500 $133~500 40 Total Reduced Price SINGLE FAMILY/ACREAGE Single Family Iowa City 1 $137,500 $137,500 $137,500 72 Sub 1 $!37.500 $~7,.500 $!37,500 72 Total New SINGLE FAM I LY/AC R EAG E Single Family Iowa City 8 $1,136,300 $142,038 $142,400 5 Sub 8 $1.136~300 $142,038 $~2,400 5 Total Zero Lot Iowa City 1 $138,000 $138,000 $138,000 11 Sub 1 $138,000 $ !38,000 $138~000 11 Total Contingent SINGLE FAMILY/ACREAGE Single Family Lepic-Kroeger Realtors Gwen Johnson (319) 631-4936 Iowa City 2 $324,900 $162,450 $162,450 52 Sub 2 $324,900 ~!62L450 $162,450 52 Total Extended SINGLE FAM I LY/ACR EAG E Zero Lot Iowa City 1 $132,900 $132,900 $132,900 71 Sub 1 $132~900 ~132.900 $132,900 71 Total Disclaimer This information is deemed reliable, but not guaranteed. Lepic-Kroeger Realtors Mike McLaughlin (ph): 631-3853 Tonight I would like to continue my presentation of opposition to section 5 of 14-2A: Maximum Occupancy for Household Living Uses as defined in 14-9A under Household. Last Friday I spent some time with Karen Howard, in the office of planning and community development, to better understand the logic and necessity of this proposal. Karen expressed concerns about parking, garbage and noise in the near downtown neighborhoods, primarily with the 12 and 20 zones. I addressed these concerns last week and cited improvements to these areas. We also discussed infrastructure necessary to support higher density housing, traffic concerns and reviewed part of a near downtown neighborhood study completed in 2001. The neighborhood study provided some demographic information about the near downtown neighborhoods, roughly defined by Dodge St. to the West, Market St. to the North, Summit St. to the East and by the railroad to the South. That area had an 83% combined density of investment type property, 2% other (schools and churches) and 15% owner occupied homes. As you move that boundary in to Governor St. I would estimate that your investment type property would increase to over 90%. I would also estimate this to be a similar percentage of ownership in the near north-side neighborhoods from Van Buren St. to the East, Ronalds St. to the North, Dubuque St. to the West and Market St. to the South. These boundaries are a rough estimate of the neighborhoods that my comments are regarding. The trend in these neighborhoods over the last 25-plus years has been to investment property as the homes have aged and The University has expanded. That trend still continues today. The 83% representing investment property ownership in 2001, may very well be 85% now, thus leaving approximately 13% owner occupied dwellings. These areas have some of the cities larger arterial streets Dodge, Burlington, Governor, Jefferson, Market, Church and two-lane paved alleys. The allowed non-related occupancy, per house, in these areas may compare with the higher density zones per unit occupancy, RM-44 and PRM, however as I mentioned last week the number of bedrooms on the rental permit is more reflective of the true number of people living in a structure; each individual tenant requiring a bedroom. Over the course of the last year I have applied for at least 8 building permits to complete remodeling projects in these neighborhoods. My primary projects were to construct four duplexes in the 500 block of South Dodge Street, a permitted use in the RM-12 zone, requiring a certain lot size and parking requirements. An addition with four bedrooms and two baths was constructed by attaching to the rear of the original house. The parking is at least one stall for each tenant now living in these homes. These projects while adding density, maintained the character by leaving the house in its original style. During the course of this construction I also: roofed five homes, painted a house, sided two houses, remodeled three kitchens, added three bathrooms, installed six central air units, replaced windows in ten houses and added twenty-one parking stalls. This work benefited twelve homes in all. All of this work was completed by local contractors. My concem with this proposal is that by reducing the non-related occupancy in these neighborhoods by one, we have closed an opportunity where remodeling and reconstruction projects could occur, by using different forms of permitted use, in these older areas of town primarily owned by investors. In order to complete these projects I required additional cash flow to pay back loans. If this proposal passes, it would be unlikely that needed projects like these would be common in the future. Any owner, occupant or investor alike, would have to carefully consider if any remodeling or reconstruction would be worth the expense. Would you see an increase in your value if neighborhood remodeling is suppressed in these areas? I understand that it is preferred to move more density into the RM-44 and PRM areas, south of downtown, however will this be to the detriment of the surrounding downtown neighborhoods? There already has been a shift in that direction with numerous construction projects resulting from low interest rates. This proposal could accelerate that shift and the resulting suppression. It is my hope that we continue to have the incentive to invest in these downtown neighborhoods. ZONING IOWA CITY, IOWA L E G E N D LISTED IN ORDER OF DENSITY, FROM LOWEST TO HIGHEST. ID INTERIM DEVELOPMENT RR1 RURAL RESIDENTIAL RS5 Low DENSITY SINGLE FAMILY RS8 MEDIUM DENSITY SINGLE FAMILY RS12 IHIGH DENSITY SINGLE FAMILY RNC12 I NEIGHBORHOOD CONSERVATION RESIDENTIAL RM12 I LOW DENSITY MULTIFAMILY RM20 I MEDIUM DENSITY MULTIFAMILY RNC20 NEIGHBORHOOD CONSERVATION RESIDENTIAL RM44 I HIGH DENSITY MULTIFAMILY PRM PLANNED HIGH DENSITY MULTIFAMILY RFBH FACTORY-BUILT HOUSING RESIDENTIAL R/O RESIDENTIAL/OFFICE OPDH PLANNED DEVELOPMENT HOUSING OVERLAY OSA SENSITIVE AREAS OVERLAY CO1 COMMERCIAL OFFICE CN 1 NEIGHBORHOOD COMMERCIAL CC2 COMMUNITY COMMERCIAL CB2 CENTRAL BUSINESS SERVICE CB5 CENTRAL BUSINESS SUPPORT CB10 CENTRAL BUSINESS CH 1 HIGHWAY COMMERCIAL Cl 1 INTENSIVE COMMERCIAL RDP RESEARCH DEVELOPMENT PARK ORP OmCE AND RESEARCH PARK I1 GENERAL INDUSTRIAL 12 HEAVY INDUSTRIAL P PUBLIC ~ HISTORIC PRESERVATION LANDMARK ZONING ORDINANCE AND MAP ADOPTED BY CITY COUNCIL DEC. 20, 1983. ORDINANCE NO.M 83-3160. THIS MAP WAS PREPARED BY THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. R E V I S I O N S //'~\ INDICATES CONDITIONAL ZONING ORDINANCE [] INDICATES SENSITIVE AREA OVERLAY NUMBER ORDINANCE/RE- ORDINANCE/RESO.- REVISION BY SOLUTION DATE LUTION NUMBER DATE .,'~, 2/11186 85.3279 I 10/31/86 DMc /1'3\ 1/27)87 87-3309 4/13/97 DMc -' ~ 6/16/97 87-3326 1/22/88 DMc ./:~0'X 2/23/88 88-3367 3/30/88 DMc ,~ 12/13/88 85.3397 I 12/20/88 DMc' '/,~t~,. 6/13/89 89-3418I 8/29/89 DMc ~/~ 6/13/89 89-3419 I 8/29/99 DMc [ ,.~'~ 7111189 I 89'3425 I 9/8/89 DMc /?~,~ 2/20/90 90-3447 3121/90 DMc /7~, 5/15190 90-3467 12/19/90 DMc .xinU, 10/30/90 90-3481 12/19/90 DEc /1~ 1/8/91 91-3485 I 1124191 DMc ,/8~'-, 9117/91 91-3507 9/20/91 DMc / §~',, 5/12/92 92-3532 8118/92 DMc ., ~ 5/26/92 92-3534 8/18/92 DMc .1~ 1/19/93 93-3561 5/10/93 DMc ..1~4, 2/23/93, 3116/83 93-33, 93-3563 I 5/10/93 DMc .'1(~7'~ 4/27/93 93-3570 I 5/10/93 DMc ~1:~ 6/8/93 93-3677 I 8/9/93 DMc /1~'1~, 3130/93, 3/2/93 I 93-3565, 93-45 t 8/9/93 DMc ..1~2~ 5/14/93, 4/27/93 i 93-3571,93-85I 8/9/93 OMc ,..~ 6/22/93I 93-3582 19/9/93 I DMc ,1~1~, 11/23/93 93-3596 ]2/8/94 [ DMc ,1 ~, 3/29/04 94-3612 4120/04 I DMc ,-1'2~ 5/24194 94-3619 7/7/94I DMc ~_2~ 2/19194 9442 8122/94 DMc ,1'3'2`, 12/13/94 94-3653 3/10/95 DMc ,.1'~4~ 4/11/95 95-3672 6125195 DM¢ ,.,f~5~ 6/27/95 95-3680 8121/95 DMc Windsor ,1~3'0~ 5123195 95-3675 8121/95 DMc ,13'9~ 10/10/95 95-3694 I 114/96 DMc ,1:4~, 11/7/95 95-3696I 114/96 I DMc '11~4,.I 2/15/96 96-3716 ] 5120196 OMc ~ 3/5/96 96-3750 i 7/25/96 DMc ~ 7/2/96 96-3735 ~ 7/25196 DMc ._t~ I 9119195 96-3?50 [12/11/95 JCG .153, 816/96 96-3736 [ 1/7/97 ~] 914/96 96-3739. 96-299 I 1/28/97 MI ~ 314/97 97-3775 5110~97 Idl .~, 10/7/97 97-3809 12/30/97 [ Idi ~ 10/21/97 97-3811 12/31/97 I Idl .2~9,, 8/24199 I 99-3894 } 11/17/99[ Mi 228 7/27/99 1 99-2~0 t 6/6~ t 2'~. [ 8/24/99 99-296 ,23~_ 9/28/99 99-3898 6/8/00 I Mi .23'1'.~ I 10/12/99 99-3903 t 6/8/00I MI 233I 2/15/00 00-3013 I $/0/00 Idl 234 I 5/16/00 003927 I 7/6/00 Mi 235 5/16/00 I 00-3924 7/6/00 MI 236 5/16/00I 00-3925 7/6/00 kfl . ~,.~ 3/21/00 00-3922 8/24/00 MI 238 7/18/00 00-3940 8/24/00 MI 239 2/15/00 00-3912 I 8/24/00 MI 240 3/7/00 00-3919[ 0/24/0o Idl / ~ 9/19/00 00-3946 1015100 MI · ,2~2,, 9/12/00 00-3944 I 1/5/01 k'fi ~ 243 5/10/00 00-3923I 1/5/01 ~ 244 11/21100 I 00.3952 I 1/5/01 kfl / 2. 7,,91001 00-3942 i ,/0/0, M, 240 711o1o1 t 01-3974 I 91191o1 I 249 I 9/11/01 ] 01-3983 ] 10126/01 I MI 250 [ 12/11/01 I 01-395 t 1/7/02 ~ I 5/3/01 I 01-3966t 1/10/02 kfi 252I 10/8/01 01-3984 I 3/8/02 Idl 253 I 12/11/01 01-3986 I 3/6/02 I Ma I1 254 i 12/11/01 01-3987 t 3/8/02 I kfl / 256 I 2/20/01 01-3957113/12/02 kfl 257 I 7/31/01 I 02-4(302 2/5/02 kfi 260 2/5/02 02-46 3/6/02 MI 261 2/27/02 I 02-4007 I 3/6/02 kfi 262 1/8/02 t 02-3994 I 3/8/02 f MI 263 I 1/8/02 I 02-3995 I 3/8/02 .... ~I 264 118/02 [ 02-3996I1 318/02 265 ] 1/8/02 02-3998 3/8/02  266 2/27/02 02-4004 I 3/11/02 267 I 2/27/02 02*4005 t3/11/02 MI 268 I 3/21/02 I 02-4012 I 3/27/02 2~'0~ sn'/02 I 02-4018 5/13/02 ~ 5/7/02 102-4017 5/13/02 MI 271 10/22/02 I 02-4046 12/11/02 i 272, 11/5/02 02-4040 1 2/11/02 Idl .. ~. ~. 2~3, 9/10/02 I 02-4039 12/20/02 MI ~ 8/2O/O2 I 02-4030 10/23/03 MI ~ 2/4/03 [034059 10/23/03 kfl 276 4/22/03 I 03-4070 10/23/03 kfi / 277 5/20103 I 03-4074 10/23/03 278 I 5/20/03 I 03-4076 10/23/03 ~ 5/20/03 03-4076 10/23/03 MI · 280 5/20103 03-4077 10/23/03 Mi 281 6/24/03 03-4089 I 10123103 I kfi ~ 6/24103 I 03,4068 I 10123103 ~ ~ · 203 7~9~03 I 03-4093 [ 10/23/03 , ~ .2~t, I 9123/03 I 03-4097 10123/03 2es I 4/8/03 I 03,4056 12/23.)3 295 I 1/5/°4' I04'4106 I4/27/05 Idl 287 I 2/3/04 04-4108 4/27/05 kfl .29~ 2/13/04 04.4110 2/17/04 2es I 5/18/04 104-4127 i 4/27/05 MI 290 6123104 I 044129 7127104 MI 291 7/14/04 I 04-4130 7127104 MI 292 I 7/14104 104.4131 7/27/04 i,2~, I 7129104 t 04-4132 I 7127104 294t 8117/04 t 04-4136i 9116104 MI 295 8/17/04 04-4137 9116104 296 [ 8/17/04 0,4140 9/16/04 .2§~ 8/17/04 04-4141 I 9/22/04 Mi 298 12./7/04 04-4147 I 12/16/04 I kfl 299 I 1/18/06 05-29 I 1/21105 I 300 I 1/4/05 05-4148 i 4/27/05 Mi 301 [ 2/15/09 [05-4151 [3/15/05 [MI 302 I 6/7/05 t 05-4161 I 7/19/06 I 303I 7/13/05 i 05-4154 I 8/29/05 I 304 I 7/5/05 i05-4157 I 5/29/o5 305 I 8/10/05 I 05-4170 I 8/29/06 1 kfl I e 0 1/8 1/4 3/8 1/2 .~t 0 500 1000 1500 2000 2500 C) ::n I 0 CI IOWA LIMITS 0 0 0 OF' IOWA CITY LIMITS YMOI .-I0 AJ. ID '~ / VMOI ..'10 A.LID El itt ii Itttl'~/ l I ~ I ~ I I I t I GROWTH AR£A UMIT % % % % CITY OF IOWA CITY IATF LIMITS I Prepared by: Jeffrey Banks, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5230 (VAC05-00007) ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY IN AN ALLEY BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH MADISON STREET AND A PORTION OF DES MOINES STREET IN IOWA CITY COMPRISING APPROXIMATELY 1.31 ACRES (VAC05- 00007). WHEREAS, the University of Iowa has requested that the City of Iowa City vacate the right-of-way along portions of South Madison St. to the south of Prentiss Street and north of the Iowa Interstate Railroad, and portions of Des Moines Street between South Capitol and S. Madison Streets; and WHEREAS, the University now owns all of the property located to the south of Prentiss Street, west of S. Capitol Street, north of the Iowa Interstate Railroad and east of Cedar Rapids/Iowa City Railroad; and WHEREAS, portions of Des Moines Street adjacent to those currently being requested and northern portions of Madison Street were previously vacated by the City; and WHEREAS, the vacation of this right-of-way will have no negative effect on pedestrian or vehicular circulation, nor be detrimental to emergency vehicle or utility access, nor diminish access to adjacent properties; and WHEREAS, the City has no plans to develop the right-of-way for street access; and WHEREAS, it is in the City's interest to vacate and dispose of public right-of-way, or portions thereof, that will not be used for public access; and WHEREAS, the Planning and Zoning Commission has recommended vacation of this right-of-way subject to the retention of any necessary utility easements, and. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the retention of any necessary utility easements, the City of Iowa City hereby vacates the right-of-way legally described as follows: That part of the 20 foot wide alley lying adjacent to Lots 3, 4, 5, and 6 in Block 13 of the County Seat of Johnson County, Iowa City, Iowa according' to the recorded plat thereof. And That part of Des Moines Street adjacent to said Block 13 lying Northerly of the Northerly right-of-way line of the Iowa Interstate Railroad, except for the portion previously vacated. And That part of South Madison Street lying between the Southerly right-of-way line of Prentiss Street and the Northerly right-of-way line of said Iowa Interstate Railroad. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional. 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 ,2005. MAYOR ATTEST: C TY City Attorney's Office Ppdadm/ord/vac05-OOO07.doc Ordinance No. Page. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn First Consideration t0/18/05 Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Elliott, Lehman, O' Donnell. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Jeffrey Banks, Planning Intern Item: VAC05-00007 Portions of Madison Date: September 15, 2005 and Des Moines Streets GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Contact Person: Jeffrey Banks, Planning Intern Phone: 319-356-5230 Requested Action: Vacation of right-of-way Purpose: To allow for portions of Madison Street and Des Moines Street to be disposed of to the University of Iowa Location: Madison Street south of Prentiss Street and north of Iowa Interstate Railroad right-of-way, Des Moines Street north of railroad right-of-way and west of South Capitol Street, and alley behind lots off South Capitol and South Madison. Size: Approximately 1.31 acres Existing Land Use and Zoning: Public street and alley Surrounding Land Use and Zoning: North: Public right-of-way South: Iowa Interstate Railroad East: University of Iowa, Public West: Public right-of-way Comprehensive Plan: Public File Date: August 17, 2005 BACKGROUND INFORMATION: The University of Iowa recently purchased all privately held property lying between South Capitol and South Madison Streets to the south of Prentiss Street. The University now owns all of the property located to the south of Prentiss Street, west of South Capitol Street, north of the Iowa Interstate Railroad and east of Cedar Rapids/Iowa City Railroad. The University is pursuing a vacation of the right-of-way along portions of South Madison Street to the south of Prentiss Street and north of the Iowa Interstate Railroad, and portions of Des Moines Street between South Capitol and South Madison Streets (see location map and Exhibit A). The University is in the process of demolishing the southernmost building on the property and constructing a new building to the south and west of the University Services building. The new structure will allow the University to relocate its shops currently located near Burlington Street in order to accommodate future construction of a new recreation center. ANALYSIS: Typically, vacating right-of-way can be recommended if, 1) it will not have a negative effect on pedestrian or vehicular circulation, or planned circulation routes, 2) it will not be detrimental to emergency vehicle or utility vehicle access to adjacent properties, and 3) it will not diminish access to adjacent properties and is not needed for public or private utilities. This analysis is unique in that the proposed vacation will facilitate the transfer of the property to another governmental entity, the University of Iowa, and no private property will be affected. With the recent purchase of properties in the vicinity, the University now owns all properties surrounding the area of the proposed vacation and consequently the City no longer requires these rights-of-way for access. This request for vacation of right-of-way would include all street, sidewalk and utility easements in the area described within Exhibit A submitted by the University. The area includes the portion of South Madison Street lying south of Prentiss Street and north of the Iowa Interstate Railroad, and the portion of Des Moines Street north of the Iowa Interstate Railroad. Previously portions of Des Moines Street adjacent to those currently being requested and northern portions of Madison Street were vacated by the City. The proposed vacation of right-of-way will complete the disposal of these properties south of Prentiss Street to the University. There is a water main within Madison Street that will require the retention of a 10 foot wide easement. Staff is investigating the possible location of a storm sewer within the right-of-way. It may be determined that an easement is necessary if a storm sewer is located. We have notified private utility companies of the proposed vacation. If private utilities exist on the property then an easement may need to be maintained. In staff's opinion, there is no City interest in continuing to incur cost, staff-time and liability in maintaining these streets. They are no longer needed for public access. Vacation will accommodate the University's development plans. STAFF RECOMMENDATION: Staff recommends that VAC05-00007, an application to vacate portions of South Madison Street, Des Moines Street and a portion of the ally in Block 13 of the County Seat Addition adjacent to the Iowa Interstate Railroad be approved subject to retention of necessary utility easements. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD ~staff reports.doc ' [ OU~ '~ourt ~ ~9ou~e I ~)ffice SITE LO~TION: Madison St. south of ~rontiss, and potion of Dos Moinos St. V~C05-00~7 PREPARED BY: SHIVE-HATTERY, INC. 2834 NORTHGATE DR. IOWA CITY, IA 52245 /319/ 354-3040 EXHIBIT A VACATION EXHIBIT PORTION OF THE ALLEY IN BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH MADISON STREET AND A PORTION OF DES MOINES STREET IN PRENTIS STREET L LOT 1 ~ . Ig LOT 1 lOG' I r ~ LOT 3 ~ LOT 6 ~ ~ LOT 3 ~ O 150' 150' VACATED DES MOINES 9TREET ~ ~ LOT 7 LOT 2 DEBOBIPTION That part of the 20 foot wide alley I~ng adjacent to Lots ~, ~, 5, and 6 [n Block 1~ of the County Seat of dohnson County, Iowa City, Iowa according to the recorded plat thereof. And That part o~ Des Moines Street adjacent to said Block 13 lying Northerly of the Northerly right-of-way line of the Iowa Interstate Railroad, except for the portion previously vacated. And That part of South Madison Street I~ng between the Southerly right-of-way line of Prentis Steer and the Northerly right-of-way line of sam Iowa Interstate Railroad. O 50 100 200 SCALE IN FEET ~ ~~" EXHIBIT A PROJECT NO. VACATION EXHIBIT 198281-0 IOWA CI~, JOHNSON COUNt, IOWA ' ATTERY ~,= ~/./o~ SCALE AS SHOWN SHEET NO. x p' , A Iowa Gity, IA , Des MoJneB, IA DRAWN dSB rELD BOO~ Moline, IL , Bloomington, IL 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 4th day of October, 2005, in Emma J. Harvat Hall, 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: 1) A resolution approving the annexation ~ of approximately 51.9 acres located on American Legion Road. 2) An ordinance conditionally rezoning'~.--¢'-.' approximately 51.9 acres from County Residential (R) to Low Density-Single/ /~//,~' Family Residential (RS-5) for property located on American Legion Road. Copies of the proposed ordinances and resolutions are on file for public examination in the ~' "~~.,,~,~,~'/Z/-~''~ office of the City Clerk, City Hall, Iowa City, Iowa. / Persons wishing to make their views known for (/// Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (ANN05-00002) RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD. WHEREAS, Fairview, Inc. (hereinafter "Owner") is the owner and legal titleholder of an approximate 51.9 acres of land located on American legion Road, east of Far Horizons Subdivision and south of Highland Woods Subdivision; and WHEREAS, Owner has requested annexation of the 51.9 acre tract into the City of Iowa City, Iowa; and WHEREAS, the property is within the Long-Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code {}368.5 and 368.7 (2005), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Scott township, Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M.; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET TO THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2005) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Resolution No. Page 2 Passed and approved this day of ,20 MAYOR Approved by ATTEST: '- CITY CLERK ~,it~'~A~tt~ '~'/'~'"~ ~: It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn ppdadm/res/fairviewinc.doc Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ05-00018) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 51.9 ACRES FROM JOHNSON COUNTY RESIDENTIAL (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE (RS-5), SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED ON AMERICAN LEGION ROAD WHEREAS, Fairview, Inc., has applied for a rezoning of approximately 51.9 acres of property from County Residential (R) to Low Density Single-Family zone (RS-5); and WHEREAS, said property is located on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the property is within the Long-Range Planning Boundary of the city and the neighboring Iowa City properties are zoned for Iow density single-family residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, and has recommended approval subject to conditions; and WHEREAS, the conditions recommended by the Commission are related to funding of the future American Legion Road improvements. NOW, therefore, be it ordained by the city council of the City of Iowa City, Iowa: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from County Residential (R) to Low Density Single-Family Residential zone (RS-5): BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M,; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. SECTION I1. 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 by SECTION III. 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 owners, the applicant, and the City of Iowa City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify acopy of this ordinance and the Conditional Zoning Agreement and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. 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 unconstitutional. SECTION VII. 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 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK ppdadrn/ord/REZ04-O00118.doc Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 (REZ05-000018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Arlington Development, Inc. (hereinafter "Applicant") and Fairview, Inc. (hereinafter "Owner"); and WHEREAS, Owner is the legal title holder of approximately 51.9 acres of property located on the on American Legion Road, south of Highland Woods, and east of Far Horizons subdivision; and WHEREAS, the Applicant with the Owner's consent has requested the rezoning of said property from County Residential zone (R) to Low-Density Single-Family Residential zone (RS-5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate condi!ions regarding funding of future American Legion Road improvements, the timing of the rezomng is appropriate and the Iow density single-family residential zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code {}414.5 (2005) 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 caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property contributes to the future reconstruction of American Legion Road; and WHEREAS, Owner and Applicant agree to use this property in accordance with the terms and conditions of a conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Fairview, Inc. is the legal title holder and Arlington Development, Inc. is the applicant for a rezoning of the property legally described as follows: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5) WEST OF THE 5TM P.M,; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE EAST 1121 FEET, THENCE SOUTH 1890 FEET THE PLACE OF BEGINNING. ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836 FEET TO THE PLACE OF BEGINNING. ppdadm/agt/fairviewfairviewcza.doc.doc 1 2. Owner and Applicant acknowledge that the City wishes to ensure appropriate residential development that conforms to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2005) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including provisions for funding of the adjacent arterial street, access to the property, and subdivision design principles. Therefore Owner and Applicant agree to certain conditions over and above City regulations as detailed below. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, and that the subdivider is required to contribute toward the cost of American Legion Road improvement (based on the formula developed by the Johnson County Council of Governments office), at a rate of $1715.18 per acre of property (51.9 acres x $1715.18 per acre = a total of $ 89,017.8), at the time of final plat approval. Said funds will be deposited with the City of Iowa City prior to the first occupancy permit being issued for any lot in any final plat on this property. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2005), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, and City acknowledge 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 with title to the land, unless or until released of record by the City of Iowa 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. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other 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 Applicant's expense. Dated this __ day of April, 2004. CITY OF IOWA CITY Fairview, Inc. Ernest Lehman, Mayor ppdadrn/agt~airviewfairviewcza, doc. doc 2 Attest: Arlington Development, Inc. Marian K. Karr, City Clerk Approved by: City Attorr~ey'~' Offi~'e CITY OF IOWA CITY ACKNOWLEDGEMENT: 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 Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: FAIRVIEW, INC. ACKNOWLEDGEMENT: 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 to me personally known, who, being by me duly sworn, did say that they are the , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said ppdadm/agtJfairviewfairviewcza.doc.doc 3 as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT: 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 to me personally known, who, being by me duly sworn, did say that they are the , of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said corporation by authority of its Board of Directors; and that the said as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ppd a d m/agtJfairviewfairviewcza.doc.doc 4 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ0{ ORDINANCE NO. AN INANCE REZONING APPROXIMATELY ,51,9 ACRES FROM JOHNSO ~L (R) TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL ZONE SUBJECT TO FOR THE PROPERTY LOCATED ON AMERICAN LEGION WHEREAS, Inc., has applied for a rezoning of approximately 51.9 of property from County Residential (R) Density Single-Family zone (RS-5); and WHEREAS, said is located on American Legion Road, south of Woods, and east of Far Horizons subdivision; WHEREAS, the the Long-Range Planning Boundary city and the neighboring Iowa City properties are 3w density single-family residential and WHEREAS, the Planning Commission has reviewed proposed rezoning, and has recommended approval subject litions; and WHEREAS, the conditions ~ended by the Commission a~ related to funding of the future American Legion Road improvements. NOW, THEREFORE, BE IT :) BY THE CITY OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to .~rms and conditk of the Conditional Zoning Agreement attached hereto and incorporated herein, the is hereby reclassified from County Residential (R) to Low Density Single-Family Insert Legal Description SECTION II. ZONING MAP. The Building hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CONDITIONAL ZONING Following final passage and approval of this ordinance, the Mayor is hereby authorized and to si, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner applicant, ~d the City of Iowa City. SECTION IV. CERTIFICATION AND Upon ,ssage and approval of the Ordinance, and after execution of the Conditional Agreement, the Cil lerk is hereby authorized and directed to certify a copy of this ordinance and th{ Zoning and to record the same, at the office of the County Recorder of Johnsor Iowa, at the ~xpense, all as provided by law. SECTION V. REPEALER. All ordi and parts of ordinances conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. section, provision or part of shall be adjudged to be invalid or unconstitutional, udication shall not affect the validity he Ordinance as a whole or any section, provision or part the~ ~]ed invalid or unconstitutional. SECTION VII. EFFE( __ This Ordinance shall be in effect final passage, approval and publication, as provided b Passed and approved t/l~'s __ day of ,20 / \ ATTEST: CITY CLERK '% ppdadm/ord/REZ04-00002.doc NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the '18th day of October, 2005, at 7:00 p.m. in Emma J. Harvat Hall at City Hall of the City of Iowa City, 4'10 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 Amending a Purchase Agreement with Wal-Mart Real Estate Business Trust for approximately 2'1.76 acres of property lying within Lots '10 through '17 of North Airport Development Subdivision and Lots 2 through 4 of North Airport Development Subdivision - Part Two. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK Date: October 11, 2005 To: City Council ...~, / From: Eleanor M. Dilkes, City Attorney"(. Re: Amendment of Wal-Mart Purchase Agreement to extend closing deadline As you will recall, Wal-Mart's obligation to proceed with the purchase of approximately 21.76 acres of North Airport Development property is contingent on a number of things, including the rezoning of the property from "Intensive Commercial Zone (CI-1)" to "Community Commercial Zone (CC-2)" to allow for retail business use, approval of a final plat reconfiguring the subdivision, and a special exception to allow for gas station and drive-through uses. The purchase agreement provides for closing on the transaction to occur within 10 days following the satisfaction of the contingencies, but no later than 270 days after the date of the purchase agreement (which date is November 6, 2005). At this point, it does not appear that the contingencies can be completed by November 6. Wal- Mart has executed, and requested that the City execute, an amendment to the purchase agreement to extend the closing deadline to January 31, 2006. If the November 6, 2005 deadline passes without extension of the closing deadline, the contract would be subject to cancellation. cc: Stephen J. Atkins, City Manager Dale Helling, Assistant City Manager Airport Commission Karin Franklin, Director, Planning & Community Development Steve Nasby, Coordinator, Community & Economic Development Susan Dulek, Assistant City Attorney Mitch Behr, Assistant City Attorney Page 1 of l Marian Karr From: Dunlap, Terry A [terry-dunlap@uiowa.edu] Sent: Tuesday, October 18, 2005 8:58 AM To: council@iowa-city.org Subject: FEMA - Wal-Mart - Flood zones Dear Council Members: I would like to know if what I heard on the news last evening in regards to the city trying to persuade FEMA to change the flood zone determination on the property that Wal-Mart wants to expand on is true or not. Maybe persuade is a poor choice of words. Should I say encourage, solicit, or petition? Specifically, has the city contacted or planned to contact FEMA or some other government agency with the primary motive to change flood zone determination on property located in or around Iowa City? Or were the facts of the news report inaccurate? The reason I ask is that I have a property located at 1116-1120 E Jefferson st in Iowa City that is located in a 100 year flood zone. I purchased the property in early 1990's and not long after that we had our '100' year flood. Water didn't come anywhere near my house. That particular year I had talked with people who had lived in their homes for 50 years and had not had any water damage ever before - until that year. But not me. Not even close. Now having lived in Iowa City all of my 50 ½ years of my life I am aware of on going improvements that have been made to Ralston creek drainage and flood control, etc within the city. Maybe the rain fall over the last 40 years has been much less, but the water seems to be much better controlled today vs. years past. The house next door to the east (25 feet) is not in the flood zone oddly enough. What this all translates into is that I pay an ADDITIONAL $600 per year JUST for flood insurance that I don't feel is necessary and that if you are going to bat for Wal-Mart I would hope that you would also put in a good word for me. Now if I can afford the insurance would:'¢t you t!', Wal-Mart can? You see I have contacted the city on many occasions in the past about this issue, they refer me to the county, the county refers me to the state, the state refers me to the feds, the feds tell me it's in a flood zone and that I should talk to the city, the city tells me to contact the county, the county tells me to contact the state, the state tells me to ................ So I would assume that if the news story is in fact true about your willingness to try to get flood zones changed for someone who has never lived in Iowa City, you certainly would do the same or more for a 50 year long resident - right? Please respond to my concerns- Thank you, Terry Dunlap Te rry-d u n la p @u iowa. ed u 10/18/2005 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE PARKING FIBER 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 Parking Fiber Interconnect Project in said city at 7:00 p.m. on the 18th day of October, 2005, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street 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 City Hall 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. MARIAN K. KARR, CITY CLERK