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HomeMy WebLinkAbout2001-10-23 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 23rd day of October, 2001, in 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 to rezone approximately 14.07 acres of property from Low Density Single Family Residential, RS-5, and Planned Development Overlay - Low Density Single Family Residential, OPDH-5, to OPDH-5, for property located south of Village Road and north of Wintergreen Drive. 2.) An ordinance changing the zoning designation from RM-20, Medium Density Multi- Family, to RS-8, Medium Density Single Family, for approximately 3.07 acres of property located at 747 W. Benton Street. 3.) An ordinance changing the zoning designation from C1-1, Intensive Commercial, to CC-2, Community Commercial, for approximately 6.15 acres located at Commerce Drive and Liberty Drive, 4.) AH 'ordinance changing the zoning designation from ID-RS, Interim Development Single Family, to SAO-5, Sensitive Areas Overlay Low Density Single-Family, for approximately 24.12 acres located east of Hickory Trail. 5.) An ordinance amending the OPDH plan for Village Green Part XVIII to permit nine additional residential units on approximately 4.33 acres located west of Scott Boulevard and south of Wellington Drive, Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK 10 -23 -01 Prepared by: Shelley McCafferty, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00019) AN ORDINANCE TO REZONE FROM MEDIUM DENSITY MULTIFAMILY (RM-20) TO MEDIUM DENSITY SINGLE FAMILY (RS-8) OF 3.07 ACRE LOCATED AT 747 WEST BENTON STREET. WHEREAS, the owner of said property has requested that the property be downzoned from RM-20 to RS-8; and WHEREAS, said property is a single-family residence located adjacent to an RS-8 zone with single family-residences; and WHEREAS, downzoning said property will strengthen the buffer between the RS-8 zone and the nearby High Density Multifamily (RM-44) zone; and WHEREAS, said property is of historic significance and the Iowa City Preservation Plan encourages the preservation of historic properties; and WHEREAS, development of said property to its maximum density under RM-20 zoning would likely be difficult because of environmentally sensitive steep slopes and wooded areas; and WHEREAS, at its September 20, 2001 meeting, the Planning and Zoning Commission recommended approval of the proposed downzoning; and 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 Medium Density Multifamily (RM-20) to Medium Density Single Family (RS-8). Commencing at the southeast corner of the NW1/4 of Section 16, Township 79 North, Range 6 West of the 5thP.M., thence North 341 feet to the center of the public highway, thence west along the center of the public highway 166.5 feet, thence south to a point 30 rods south of the nodh line of the SW1/4 of said Section 16, thence east parallel with the north line of said SW1/4 to the east line of said SW1/4, thence north along the east line of said SW1/4 to the point of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION Ill. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cedify a copy of this ordinance and to record the same at the office of the County Recorder of Johnson County, Iowa, 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 ,2001. MAYOR ATTEST: CITY CLERK Approved by Cit~yA~~ /~//t Shared/pcd/histl~esaon~lfellow/longfellow ordinance.dec STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: REZ01-00013 Date: August 31,2001 GENERAL INFORMATION: Applicant: William &Barbara Buss Contact Person: William Buss 747 West Benton Street Iowa City, IA 52246 Requested Action: Rezoning from RM-20 to RS-8 Purpose: To have lower density development on a property with a historic single-family residence and wooded slopes Location: 747 W. Benton Street Size: 3.07 acres Existing Land Use and Zoning: RM-44, single-family residence and undeveloped Surrounding Land Use and Zoning: Nodh: RM-44, High Density Multifamily South: Highway 1, CC-2 Community Commercial East: RS-8, Medium Density Single Family West: RM-20, Medium Density Multifamily Comprehensive Plan: Residential File Date: August 2, 2001 45-Day Limitation Period: September 23, 2001 BACKGROUND INFORMATION: The applicant, has requested that 3.07 acres located at 747 West Benton Street be downzoned from RM-20, Medium Density Multifamiiy to RS-8, Medium Density Single Family. Most of the property is rugged and wooded with a ravine on the south portion of the property. In addition, there is a historic home at this address. ANALYSIS: Compliance with Comprehensive Plan: The Southwest District Plan is currently in the early information gathering stages and therefore, specific recommendations for this area have not been made. However, in regards to this area the Comprehensive Plans states: Another unique feature of the Southwest Planning District is an area of undeveloped land in the Harlock-Weeber Street and Miller-Orchard neighborhoods between Benton 2 Street and Highway 1. This area has fairly rugged topography and consists of a variety of zoning...The topography of this area and the limited street access, which is currently available to podions of this area, will need to be considered. In the past the Planning & Zoning Commission has recommended that portions of the area be downzoned to lower density residential. Furthermore, under Highlights of the Southwest Planning District, it states: The rugged topography of undeveloped properties in the Harlocke-Weeber and Miller- Orchard neighborhoods present development challenges. With proper street access, and consideration of topographic constraints, it may be possible to develop these areas at appropriate residential densities. The issue then is to determine what the appropriate density is for this property. This property is wooded and would therefore be subject to the Sensitive Areas Overlay Ordinance. Based upon visual inspection, a large portion of the property would likely be considered a protected slope as well. It is also the intention of the applicant to nominate the property as an Iowa City Historic Landmark. The Sensitive Areas Ordinance will allow for variation in dimensional requirements in order to avoid encroachment on sensitive areas. This can provide for concentrations of density on the property to develop it to the allowed density while protecting the sensitive areas. However, because of the extent of the slope and wooded area, and in order to protect the integrity of the proposed historic site, there are limited options for development in a manner that would not encroach on the sensitive areas. in addition, the ravine cuts to the north on this property, therefore further reducing that amount of property that can be accessed for development. Under RM-20 zoning, 20% of the wooded areas would have to be retained, whereas under RS- 8, 50% of the wooded area require retention. Given the rugged nature and steepness of the topography, staff feels retaining more wooded area would provide greater protection to the slope from erosion and instability. Compatibility with neighborhood: Directly to the east of this property are two single-family homes that front Benton Street. To the west is an apartment complex in an RM-20 zone. Across Benton Street to the north are additional apadment complexes in an RM-44 zone and Roosevelt Elementary School. The property under consideration is at the transition between the higher density development and single-family residential which continues east to Orchard Street. Because this property is the last single-family residence before the developed RM-20 property, staff feels that downzoning it to RS-8, Medium Density Single Family, is compatible with the neighborhood and existing zoning. The existing developed RM-20 property provides adequate transition between the RS-8 zone and the RM-44 zone that is located west of the RM- 20 development. Traffic: At this time, City Council is not inclined to widen and increase the traffic capacity of Benton Street. Downzoning this property would help minimize any future traffic congestion on Benton. STAFF RECOMMENDATION: Staff recommends that the property located at 747 West Benton Street be rezoned from RM-20, Medium Density Mulitfamily to RS-8, Medium Density Single Family. 3 ATTACHMENTS: 1. Location map 2. Applicant's statement as to why the zone change is warranted. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development T/pcd/slaffreporttemptate CITY OF IO~:A CITY 'E I ~ : BENTON ol, -- PS 8 / I ~ ~ ORCHARD o ~ ~ CC2 CI 1 , S~T~ ~OCAT~ON: 747 W. Benton Street APPLICANT'S STATEMENT IN SUPPORT OF ZONING CHANGE We own 3.07 acres of land, shaped in a tong rectangle fronting on West Benton Street and stretching south, almost to Route 1. Our house is located near Benton Street. The rest of our land is undeveloped; it consisists of a generally downhill slope to the south and has an area near the southern boundary where run off from the west often collects as standing water. As the accompanying portion of the zoning map of Iowa City shows, the zoning in the area surrounding our property is mixed and diverse. The property immediately to our west is zoned RM20; the property immediately to our east and beyond is RSS. To our south (and south of the property to our west and east), property bordering Route 1 is CC2; to our noah, across Benton Street, the zoning is RM44 (to the northwest) and P, for Roosevelt School and the Roosevelt Schoolyard (to the northeast). The area surrounding our property, like the zoning, is varied - single family homes, apartments, condos, and asubstantial amount of undeveloped land. There is an open space deficit for this area and one two-acre tract is owned by the City for parkland. Most of the undeveloped land is privately owned. The property to our west located on Benton Street is relatively densely developed. To our east, there are two single family homes, then open space down to Miller; and primarily single family residences on both sides of Benton Street from Miller to Orchard. Granting our request would narrow but otherwise leave unchanged an RM20 zone as a transitional area between RM44 and RSS. The long-term and present use of our property as a single family residence is entirely consistent with the uses to our east and with our requested zoning. The present RS8 zoning for this area is consistent with Iowa City's need for housing affbrdable to young families. We believe that, with planning, residential housing can be developed on the undeveloped land adjacent to our property in a maner that preserves some of the area's sensitive wooded slopes and is appropriate to its location. Such a development would take advantage of its proximity to down town Iowa City, the University, public transportation, and Roosevelt School. Our application for RS8 zoning is compatible with such development and would help to stabilize and support the delicate balance among diverse uses of land in this area. Attached as appendices to this statement are a zoning map of the area including our property (A l), a legal description of the property (A2), and a list of names and addresses of property owners within 300 feet of the property, to the best of our ability to identify Barbara M. Buss William G. Buss July 22, 2001 Copy of Remarks, with an attachment, by Barbara Buss to the lowa City City Council, October 23, 2001. Thirty-three years ago when we bought the white house with the red barn and three acres of land on the top of Benton Hill we were buying a house in a good neighborhood with a good elementary school, a place in which to live and raise our two daughters. As we grew attached to the house, we also grew attached to the open space with its deep ravines south and west of us. We took them for granted until about twenty years ago when development began to replace the ravines with water retention basins and the open spaces with large apartment complexes. As we ~vatched this development, which was really an un-development of the natural landscape, we became concerned about its impact on the health and aesthetics of this environment. Then about ten years ago, as I watched a bulldozer knock over a tall magnolia tree in full bloom, I knew that we had to do something to protect our small two acre plot of undeveloped land. In 1992 my husband and I offered to give these two acres to the City for use as a park, but without public access from the south and/or west this land is of no value to the City. Although a tentative trail system was drawn up linking our land to Miller Ave. and Harlocke St., the City has been unsuccessful in obtaining the necessary easements to realize this plan. As we grew attached to the house, we also grew attached to the neighborhood east of us. But over the years we gradually lost touch with it as people moved away - including our two daughters who were the great connectors. Then in the summer of 1998 our neighborhood became involved in the Benton Street Project, and we became reacquainted with the neighborhood and discovered two things: that it no longer contained as many young families as it did thirty years ago; that many who did live there still felt strongly committed to the neighborhood. Their commitment strengthened ours. This neighborhood might be described as an affordable neighborhood. It is desirable as an affordable neighborhood in that it is in a desirable location - one that is close to downtown, an elementary school, the University and public transportation. As a small neighborhood, however, it is especially susceptible to the negative impacts of increased traffic and poor maintenance and over-occupancy of rental property. While the landscape and the demographics of the neighborhood were changing, so were we. We grew older and this year we decided that it was time for us to give up the upkeep of the house, the barn and the three acres of land on the top of Benton Hill. Although the zoning of our property was never relevant while we owned it, it has become relevant as we anticipate selling it. Our petition is for a change from RM20 (the present zoning of the property immediately to our west) to RS8 (the present zoning of the property immediately to our east and that of all the non- commercial property between us and Riverside Drive.) We are not asking for a rezoning lbr the purpose of redirecting the development of the property south of Benton Street. Rather we are doing so in the belief that the present zoning of RS8 tbr the property in this area is the appropriate zoning. We strongly support the City's commitment to protecting sensitive areas, and we believe that l'uture development on the sloping land south of Benton Street should be minimized. We strongly support the City's commitment to affordable housing, and we believe that the neighborhood east of us will be strengthened by extending it west as presently zoned. We submit our petition for re-zoning from RM20 to RS8 as evidence of this support. Jnne 16. 1992 [a cop, v of a letlet- to Charles R~q,pert] This Icttc~ has two purposes: (I) to inful m you of'the plans Bill and I have for the two acres of tindeveloped land ,,vhich ,.vc own, and (2) to cxpless ottl' iracrest in purchasing the land which you own between this area and Route I. [t is our wish to protect this part of our propcrty fi'om any t~urthcr development. To this end we are exploring the possible ways for establishing a land trust and making a girl of this land to the city, or to some other government or conservation organization which wotdd r, mintain this area for public use. I bare spoken about this project with Karin Franklin, Director of the Department of Planning and Community Development for Iowa City, Nancy Seiberling, President of the Johnson County Heritage Trust, and Steve Hen&ix, an ecologist at the University of Iowa who is in charge of the natural areas survery initiated by the Johnson County Heritage Trust. It was clear from these conversations that a three acre parcel of land with right of access is a more attractive parcel than the two "land-locked" acres we can provide on our own. I have also talked with the tree surgeon, Leon Lyvers about the possibility of his helping to design and plant an arboretum of native Iowa trees on this land. Steve Hendrix believes that the pieces of land immediately South and West of our undeveloped two acres, land that may not have been used as pasture as ours was, might qualify as areas of natural growth and have a particnlar conservation value for that reason. If this is the case, and should we acquire this land, we would not alter it. I referred in my opening sentence to our "plans" for the area under discussion. Obviously, our ideas are as yet too vague to be called a plan. Our intentions are, however, quite unambiguous, and I am writing to invite you to join us in preserving a sinall green space m an area where such spaces are rapidly disappearing. I am enclosing articles from Sierra Magazine and Fine Gardening which more fully describe what we have in mind for our land. We invite your comments and suggestions. As one who has benefitted from the reduction of green spaces in Iowa City, we hope you will welcome the oportunity to participate in the proposal for conservation which I have outined above. l am sending a similar letter to Tom Lepic. Sincerely yours, Barbara M. Buss I 10;71 Prepared by: Shelley McCafferty, ASsociate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00015) AN ORDINANCE TO REZONE FROM INTENSIVE COMMERCIAL (CI-1), TO COMMUNITY COMMERCIAL (CC-2) ON 6.15 ACRES AT COMERCIAL DRIVE AND LIBERTY DRIVE. WHEREAS, the owner of said property has requested the said rezoning to allow the construction of a supermarket; and WHEREAS, the owner of said property has submitted a petition in support of the construction of a supermarket in Scott-Six Industrial Park; and WHEREAS, the CC-2 zone allows for the establishment of a supermarket, along with other designated uses; and WHEREAS, the City Council finds it is in the public interest to rezone the subject property to allow for the construction of a supermarket or for such other uses allowed in the CC-2 zone. 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 Intensive Commercial (C1-1), to Community Commercial (CC-2). Lots 17,18,19, 20, 21 and 22 of Scott~Six Industrial Park as recorded in Book 38 at Page 137 of the Johnson County, Iowa Recorder's Office. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance as provided by law. SECTION Ill. 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, 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 ,2001. MAYOR ATTEST: CITY CLERK STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: REZ01-00015 Scott-Six Industrial Park Date: August 31,2001 GENERAL INFORMATION: Applicant: Streb Investment Partnership P.O. Box 3327 Iowa City, IA 52244 Contact Person: AI Streb P.O. Box 3327 Iowa City, IA 52244 Requested Action: Rezoning from C1-1 to CC-2 Purpose: To allow the development of a 24,000 sq. ft. supermarket Location: Lots 17 through 22 of Scott-Six Industrial Park at Scott Boulevard and Highway 6 Size: 6.15 acres Existing Land Use and Zoning: Currently undeveloped, zone C1-1, Intensive Commercial Surrounding Land Use and Zoning: North: Undeveloped, C1-1 Intensive Commercial South: Filling station, C1-1 Intensive Commercial East: Undeveloped, C1-1 Intensive Commercial West: ACT, I-1, General industrial Comprehensive Plan: Industrial Park File Date: August 9, 2001 45-Day Limitation Period: September 23, 2001 BACKGROUND INFORMATION: The applicant, Streb Investment Partnership, is requesting the rezoning of approximately 6.15 acres from intensive Commercial (C1-1) to Community Commercial (CC-2) for property located in the Scott-Six Industrial Park. The property is currently vacant and the applicant's plans call for the development of a 24,000 square foot supermarket. Supermarkets are not allowed within the existing CI-1 zone. As discussed below, in addition to requiring a zone change an amendment to the Comprehensive Plan would be necessary if this application is to be approved. 2 ANALYSIS: Compliance with Comprehensive Plan: The Land Use Map contained in the Comprehensive Plan (1997) identifies this area for future industrial development. The Scott-Six InduStrial Park was annexed into the City in April 1997. In a memo to City Council, Karen Franklin, Director, Planning and Community Development, stated: "The lack of industrial land ready for development within the City limits has been dted frequently as a de~dency in Iowa City's economy." In addition, the Land Use & Urban Pattern Goals of the Comprehensive Plan states, "Contain industrial development in industrial parks on the edge of the community. Identify appropriate areas for industrial growth, provide city services, zone accordingly. "It was determined that the industrial use was appropriate for this area given the proximity of the property to the BDI Industrial Park and access from arterial streets and railway. The City offered substantial economic incentives to the developer in order for the city to have 101.57 acres of property zoned General Industrial (I-1) within the city limits to help fulfill the deficiency for industrial land. Financial incentives offered by the City for the Scott-Six Industrial Park included future installation of sidewalks in the industrial area, absorption of the sewer and water tap-on fees, review of the storm water quality plan, and future construction of 420th Street. At the request of the developer, the City also agreed to have 38.93 acres along Scott Boulevard zoned Intensive Commercial (C1ol) because many of the permitted and provisional uses for this zone are compatible with industrial use. While this is a commercial zoning classification and allows some non-industrial uses such as restaurants, offices, and convenience stores, it also permits many "quasi-industrial" uses such as repair shops, warehousing, and light manufacturing, which would be compatible with industrial uses. Rezoning of these six lots could compromise the original intentions of establishing the Scott-Six Industrial Park. This area was developed deliberately for industrial use and compatible intensive commercial use to fulfill a deficiency in Iowa City and to implement the current Comprehensive Plan. If this zone change is to be approved, an amendment of the Comprehensive Plan is also necessary to change the land use designation of this area from industrial to general commercial. When deciding whether or not a change in the Comprehensive Plan is appropriate, the Planning and Zoning Commission and City Council should determine 1 ) whether or not additional retail commercial zoning is necessary in this part of Iowa City; 2) if it is, is this the best location for such zoning and 3) how many acres should be zoned for retail commercial in this location? When considering these questions, the Commission should consider that the eastern portion of the city contains areas of vacant CC-2 zoning, potential redevelopable commercial areas, and areas which the Comprehensive Plan identifies for future commercial development, such as the intersection of Scott Boulevard and Rochester Avenue. The current Comprehensive Plan policies encourage the development of these areas rather than creating additional commercial areas. If it is determined that additional areas are necessary for retail commercial development, staff questions whether this is an appropriate location. As discussed below, this location does not have direct access to an arterial street. Relail traffic would be required to mix with industrial traffic on Liberty Drive and Commerce Drive. This area is also one of the few areas of Iowa City which the Comprehensive Plan identifies as having characteristics ideal for development of an industrial park. These characteristics include an abundance of flat land with access to the highway network, railroad access and separation from incompatible uses such as residential and retail uses. Given that this is one of the few areas suitable for the development of an industrial park, it would not be appropriate to change the designation to retail commercial. The development of commercial properties within industrial zones is attractive to developers because of the lower land cost associated with industrial areas. However, because of the financial commitment the City has made to designate land for industrial use in order to promote the health of the City's industrial economic base, and because of the need for land for future industrial use, staff recommends that rezoning of industrial areas for other uses be resisted. Compatibility with General Industrial zone: Land uses in close proximity to this properly include industrial uses with ACT being located across Scott Boulevard to the west and a large warehousing facility located in the northeast corner of the Scott- Six Industrial Park. The lot directly to the south contains a highway-oriented filling station. Uses that would be permitted in the adjacent undeveloped General Industrial (I-1)zone include building contractor facilities, manufacturing and assembly, manufacture of chemicals and allied products, food processing and packing (except stockyards, slaughterhouses and grain mills), railroad related uses, and research and testing facilities. Other similar industrial uses are allowed as provisionai uses and special exceptions. These types of uses generate concentrated amounts of truck and semi- trailer traffic. In addition, the zoning ordinance states that CC-2 zones "...may typically feature a number of large traffic generators requiring access from major thoroughfares." Therefore, having two adjacent zones that mix industrial and retail commercial traffic, and use the same access points to arterial streets creates a hazardous situation, and compromises the public safety. In addition to the incompatibility of traffic, if additional lots were rezoned CC-2 in order to create a commercial district, uses such as retail establishments, theaters, adult day care, and childcare centers would be allowed. It is the opinion of staff that these uses would not be compatible with the I-1 uses listed previously. Other traffic and transportation implications: Currently, the street infrastructure is not adequate to safely accommodate the additional traffic that would be generated by the proposed supermarket in addition to the truck traffic generated by the nearby warehouse facility. There is a single access point to a paved road from Scott Boulevard via Liberty Drive. There are two additional access points to 420th Street via Commercial Drive and Independence Road. 420th Street is currently a two-lane, county, chip seal road. The intersection with Highway 6 is not signalized and does not have turn lanes. There are no funds committed for the improvement of t 420h Street in the capital improvement budget. The permitted speed of traffic on Highway 6 at this intersection is currently 55 miles per hour. 420th Street and its intersection at Highway 6 will not safely accommodate the traffic generated by the proposed development. The Comprehensive Plan encourages the use of alternative modes of transportation including walking, bicycling and public transit. Truck traffic from the industrial portion of Scott-Six would not be compatible with pedestrians if residents from the Village Green and adjacent developments choose to walk to the proposed commercial development. Although there may be a need for an additional grocery store on the east side of iowa City, it should be located in an established or already planned CC-2 zone that is in close proximity to residential uses. Based upon the goals and strategies of the Comprehensive Ran, the City encourages the development of grocery stores and retail commercial districts in locations where they are central to residential use in order to establish a more sustainable land use pattern. Retail commercial districts should be easily accessible by multiple modes of transportation including public transit, bicycling, and walking. Currently, there are established locations within CC-2 zones on the east side of Iowa City that would be more appropriate for the development of a grocery store. There are also areas identified in the Comprehensive Plan for future commercial development in locations that do not conflict with plans for industrial expansion. Summary: Changing the zoning in this area from C1-1 to CC-2 as well as amending the Comprehensive Plan should not be taken lightly. The City made a substantial commitment in order to establish Scott-Six Industrial Park in compliance with the Comprehensive Plan and economic development policies. The Comprehensive Plan encourages the development of established commercial areas before new commercial areas are developed, and specifically recommends that the area in question be developed for industrial use. If retail uses are developed amid industrial uses, a hazardous traffic situation may be created. In addition, a grocery store should be developed in an area that is adjacent to other retail uses and more centrally Iocetad to residential neighborhoods. There are existing Community Commerdal zones that would be more appropriate for the proposed use and would preserve the integrity of the Comprehensive Plan, and the City's economic commitment for industrial land use. STAFF RECOMMENDATION: Staff recommends that REZ01-00015, the request for rezoning Lots 17-22 of the Scott-Six Industrial Park, 6.15 acres be denied. The requested action does not comply with the Comprehensive Plan and current economic development polides. ATTACHMENTS: 1. Location map 2. Applicent's statement as to why the zone change is required. Approved by: Rober~ Miklo, Senior Planner, Department of Planning and Community Development City of Iowa City MEMORANDUM TO: Planning & Zoning Commission FROM: Shelley McCafferty DATE: September 14, 2001 RE: Comments regarding item REZ01-00015 The following comments are in response to the Commission's questions and Bob Downer's (applicant's representative) argument for the rezoning of Lots 17-22 of the Scott-Six Industrial Park from Intensive Commercial (C1-1) to Community Commercial (CC-2). 1. In regards to Mr. Downer's statement that at no time had the 38.93 acres been zoned industrial, staff concurs that this properly has always been zoned C1-1. At the time it was annexed, staff felt it would be ideal to have the entire Scott-Six industrial Park zoned I-1. In addition, the Comprehesive Plan call for this area to be for industrial use. However, staff conceded to the owner's request to C1-1 zoning because the type of uses typical of C1-1 zones are quasi-industrial, therefore retaining the industrial character of the development as a whole. The requested rezoning to CC-2 would be in conflict with Comprehensive Plan. Although uses in both of CC-2 and C1-1 zones are commercial, there is a distinct difference between the types of uses allowed. Examples of C1-1 zones include the area between Gilbert Street and Highland Court, Commercial Drive off of South Riverside, and the area in the vicinity of South Gilbert and Southgate Avenue and Stevens Drive. Uses within these Cl-1 zones include contractors' facilities, auto repair shops, truck rental facilities, auto glass shops, and light manufacturing facilities. In contrast, examples of uses located within typical CC-2 zones include coffee shops, grocery stores, department stores, movie theaters and apparel shops. 2. Staff acknowledges that regardless of whether this property is zoned CC-2 or C1-1, as the area is built-out there will indeed be an increase in traffic and the possible need to signalize the intersection of 420th Street and Highway 6, and make other street improvement to the area. However, staff has two primary traffic concerns if this area is rezoned CC-2. First, this intersection is likely to require signalization and improvements sooner following construction of the proposed grocery store than originally planned. No funds have been allocated in the capital improvement budget for the signal. Because industrial areas tend to develop rather slowly, the City has not anticipated a need for any street improvements in this area in the next few years. Secondly, staff is more concerned with the character of traffic. Retail uses in the CC-2 zone would significantly increase the number of cars, minivans and pedestrians in the development. This type of traffic when mixed with semi-trailers, trucks and heavy equipment associated with the adjacent I-1 zone would likely be hazardous. The general public frequents businesses in the C1-1 zone iess than the CC-2 zone. Within the Cl-1 zone there are more vehicles operated by the business employees. (i.e. tow trucks, contractor's trucks, auto part delivery vehicles, rental truck, supply delivery vehicles) September 14, 2001,, Page 2 3. In regard to the price of the property, staff is not concerned that the change in zoning would increase the value of the property. Rather the concern is that the value of land zoned C1-1 is less than land zoned CC-2 or CN-1. Therefore, it is attractive to developers to fezone the property for uses other than those originally permitted. Property within an established C0-2 or CN-1 zone is typically more expensive. Based upon the assessed tax values of land in the C1-1 zone, and the CN-lor CC-2 zones, C1-1 values are approximately74% less than CN-1 or CC-2 values. In the case of property along Commercial Drive, the values are approximately 38% less. 4. Staff recognizes that there may indeed be a need for a grocery store on the east side of Iowa City. However, there are properties that are already zoned CC-2 or CN-1 that could be developed or redeveloped for a grocery store. Mr. Downer noted that there was not a location within the vicinity that is zoned appropriately. However, staff has identified that there is property within three-quarters of a mile that is zoned CN-1, has signalized access to Highway 6, and is large enough to develop a grocery store. Staff encourages that new retail businesses, including this grocery store, be developed in locations that are safely and easily accessed by the neighborhoods they serve. Additional copies of this petition containing a total of l~-~'f signatures were also submitted. We the undersigned hereby petition the Iowa City City Council to allow the constructioo of a Fareway Grocery Store oo Lots 17 and 18 of Scott Six Industrial and Commercial l'ark. /,~ ~~ Name Address Date Page I of l Marjan Karr From: WALKSCREEN@aol.com Sent: Sunday, October 07, 2001 7:52 PM To: connie_champion@iowa-city.org; ernie_leman@iowa-city.org; mike._odonneil@iowa-city.org; dee_vanderhoef@iowa-city.org; Ross._wilburn@iowa-city.org; council@iowa-city.org Subject: re: faraway store on east side and smoking ban in IC Please look at the smoking ban that Iowa City is considering in local Iowa City restaurants. I am a non smoker and do not like to be in a smoke filled environment but I think we need to consider this issue very carefully. If Coralvilla will not go along with Iowa City at this time I think we should wait. I am think if Iowa City passes this ordnance that people will go to Coralvilla to eat. I think the biggest statement a patron can make to a restaurant is not eating in the establishment that permits smoking. You are giving the customer a choice. Please thoughtfully consider this issue before adopting it. Thank you. l ~ the possibility of having a Faraway Store on the eastside I would like to see the grocery store on the eastside. I realize that Faraway likes to build there own stores and not take over an existing building. I think that we could use a grocery store on Scott BIvd. Many people drive in to work from the east and it would be a great opportunity for them to shop here in Iowa City. We now have several Hy Vee Stores on the this side but we have little choice other than convenience stores, Hy Vees or the Old Country Market which is not fully stocked with all items. Please consider this issue. Thank you Lorraine Bailey 46 Amber Lane Iowa City, Iowa 10/8/0 1 From: Shawtamike@~.com [SMTP:Shawtamike@~.coml Sent: Friday, Septtuber 07, 2001 9:39 AM To: kadnjranklin@iowa-ci~.o~ Cc: jeff_davidson@iowa-city.org; brendajotherham@iowa-city.o~; s~ven_nasby@iowa-city.o~; angela_williams@iowa-ciW.o~; stephenJong@iowa-city.org; marcia~lingaman@iowa-ci~.org; david~choon@iowa-ciW.org Su~ect: Rezoning ~r Fareway As a resident in Southeast Iowa City I hope anyone involved in the decision on rezoning this land will consider these two concerns. 1. Our side of town has a very difficult time supporting and keeping retailers. Proof of that is all of the vacant buildings left by retailers who have moved to Coralville. Yes we need more retailers on the East side. Rezoning and building new buildings is not the answer. Encourage retailers to utilize existing buildings. Even if this means tax breaks as incentives to do so. We do not need more buildings. We need retailers to fill up the vacant buildings first. 2. Safety. With all of the industry traffic there is a definite safety issue. The semi drivers in the area are not the best at sharing the road. Their philosophy is that if they can get the cab of their truck in front of you they have time to pull out, If you add to this thousands of shoppers trying to run errands the accident rate is going to go way up. Cities need areas for shopping, but they also need industrial areas. To mix the two causes safety issues. I believe if this area is rezoned we run the risk of losing some of industries, That will lead to thousands of laid off workers who won't have any money to shop with. Please pass these concerns on to those involved or let me know where to send them. Tami shawtamike@cs.com ~' "V- Page 1 of 1 Marian Karr From: Angela Klein [angela-klein@uiowa.edu] Sent: Tuesday, October 23, 2001 2:31 PM To: council@iowa-city.org; karin-franklin@iowa-city.org; bob-miklo@iowa-city.org Subject: Let's approve the Fareway on Scott Boulevard I will not be able to attend the council meeting tonight, but I want to ask you to please approve the Fareway on Scott Boulevard. As we all know, Iowa City business is struggling. Don't pass up another chance to help build up Iowa City and the East side. I live in the North end, off North Dodge Street, but am on the East side on a regular basis. I have many friends who live in that area, and my son attends Regina. I would love to have another grocery alternative. I like Coralville, and it is easy to get to from my home. I have the luxury of easy interstate access, but when it comes down to it I am a loyal, life long Iowa City resident and want to see my town as successful as it once was. Fareway can help make that success a reality! The current zoning can be rezoned. There is already a convenience store in the area, so you already have a mixture of cars and semis. The corner won't be any worse than the Mormon Trek/Highway 1 area. Getting in and out of Chezik Sayers, McDonald's or the Lepic Kroeger Building can be down right dangerous. No one seemed too worried about traffic in that area. Let's not take months or years analyzing the "pros and cons'. Let's not ereate a "committee" to look further into this situation. Let's not give another business reason to go to Coralville. Let's just do it! Please don't let a small group of narrow minded people with unrealistic ideas ruin our town. Don't rule against the many for the very few. It seems to happen too often here and it needs to stop. Thank you. Angela Klein 1242 Oakes Drive Iowa City, Iowa 10/23/01 convenience stores. However, it also permits a number of industrial uses and other uses that are compatible with industrial development, such as warehousing, building contracor's yards, and repair shops. Although it would be ideal to have this property all zoned industrial to allow the direct expansion of the industrial park, a relatively small amount of intensive commercial zoning along Scott Boulevard would not necessarily preclude the development of quality industrial uses on the balance of the land. Staff feels that the proposed rezoning does not constitute a substantial deviation from the Plan in terms of land area or land use. Conditional Zoning Agreement: Attached please find a draft copy of a CZA that, if agreed to by the developer and City Council, would result in certain additional regulations for the properties within the subdivision over and above those currently contained within the ordinance. Preliminary Rat: Staff intended to bring the preliminary plat to the Commission for review coincident with the second meeting on the rezoning and annexation. However, the plat contains a number of deficiencies, and other items such as the stormwater quality and management concept plan, have not yet been addressed by the applicant. The applicant has received a number of staff comments that still need to be addressed. Therefore, the applicant has decided to defer consideration of ~he plat until the February 20 meeting. However, the review and recommendation of the annexation and rezoning can still occur at the February 6 meeting. Deferring the plat will not result in any lost time for the applicant because Council will not be able to consider the plat until the annexation and rezoning is approved. Because approval of a plat is a much shorter process, it can easily be caught up to the annextion and rezoning at the Council level so that approval of all three items can occur at the same meeting. Therefore, staff recommends that if the Commission is ready to vote on the annexation and rezoning that it do so, and the preliminary plat can be reviewed at a future P&Z meeting, possibly at the February 20 meeting. Attachments /streb.doc February 9, 1999 CITY OF I0 WA CITY Robed N. Downer Meardon, Sueppel, Downer & Hayes, P.L.C. 122 S, Linn St. Iowa City, !A 52240.1830 Re: Scott Six Industrial Park/Tap-on Fees Dear Bob: I have now had the opportunity to discuss the proposal made in your letter of January 12, 1999 with other City staff. This letter will briefly summarize our response. Our response to your argument that the outlots could just as easily have been included in the industrial zoned podion of the subdivision is two-fold. First, with regard to Outlot A in padicular, industrial zoning would have created an island of commercial zoning between two industrial zones contrary to generally accepted zoning principles. Second, the fact remains that the outlots were not zoned industrial, nor was an industrial classification ever requested. This clear and early distinction between commercial and industrial zoning was critical during negotiations concerning the property because the developer's agreement clearly stated that the City would assume the obligation for sanitary sewer and water main tap-on fees only for those lots zoned I-1. We decline to accept your proposal that the City not only absorb the tap-on fees for the outlots but also pay for the easements which traverse those very outlots. It is incongruous for the City to absorb tap-on fees for those outtots which will be transferred to the City and at the same time pay for an easement on this property. Notwithstanding the above, in a final effod to resolve this matter short of litigation, the City is willing to absorb the tap-on fees in the amount of $41,530 attributable to Outlots A and B, which will reduce the tap-on fees due for the commercial portion from $107,724 to $66,194. However, if the City absorbs the tap-on fees for these outlots as though they were zoned industrial, the City will not pay for the sewer easements which were required for development of the property. This increases the amount of money the City is willing to forego over our initial offer by approximately $5,000. In addition, resolution of this matter via the absorption of the tap-on fees associated with the outlots, as opposed to payment for the easements, is beneficial to your client because the payment for easements would be added to the project cost and thereby increase the total sewer tap-on fee to be recouped. Given the clarity of the developer's agreement, and the absence of subsequent negotiations regarding tap-on fees during the platting process, I am at a loss as to why the tap-on fees for the 410 EAST WASHINGTON STREET , IOWA CITY, IOWA 52240-1526 , (519) 356-5000 * FAX (319) 556-5009 Robert N. Downer February 9, 1999 Page 2 project were not budgeted. In an attempt to settle this matter, however, the City is willing to accept payment on a per-lot basis. This would amount to $2,758.08 per lot for each of the 24 lots. Any resolution of this matter is subject to City Council approval. I look forward to hearing from you. Very truly yours, Eleanor M. Dilkes City Attorney cc: Steve Atkins, City Manager Sarah Holecek, First Assistant City Attorney Chuck Schmadeke, Public Works Director Karin Franklin, Director, Department of Planning and Community Development Jeff McClure, Engineer eleanor/ltr/downer3dr~c COPR. 1H1. FAREWAY ,errORES, INC. September ~0, 2001 AI and Mm'y Jo Streb S~eb ~s~en~ Io~ Ci~, Iowa ~ ~ ~d ~ Jo: We ~ve been fo~ow~S ~e pro~ess of yo~ re-zo~ ~ues~ of ~ 17- 22, ~ ~e S~ S~ ~lopment. We ~e y~ effo~ to ~ilitate ~e re-~mS, to ~low ~ to b~d a ~ sto~ in ~at ~. From t~ ~o~tion we ~ve r~ it ~, ~ere my ~, a bit of con~ion by some of yo~ l~ offi~s ~u~ o~ e~sus~e ~d ~s~e effo~s to locaEe a store ~ ~ ~eady ~ned ~a ~propmte ~r a ~oc~ st~e on ~s side of~e ci~. The tl~ ~ ~c~d ae ~e Sy~ore M~ (ola ~l's), Pepped M~I (old ~ono-F~) ~d ae old Plmor Bowlin~ ~ea. Fist, we sp~ a ~e~ d~ of money ~d ~me to ~ W l~te a F~eway Sto~ ~ $e Sycmore ~l ~mplex. Wi~o~ gohg hto ~ de~l; il ~ s~ to ~y, ~at ~ co~t chn~8 of a~ed upon ~ by · e o~er's ~p~sen~ive, ~e ~, ~ old b~Iding, ~c p~ ~d p~ were issues w~ were ~ble ~o ~sol~. h ~ Peppe~ood Mall ~e~ ~e ~s~ ~ w~t~ physi~ siz~ ~d con~on of~e b~ ~ we~ ~ ~at we ~em ~e ~c ~e~ for o~ yo~g c~out employees ~d limited ~kmE to o~ ~o~ d~r w~e ~ble. ~e co~ asked of ~ at ~e Plmor Bowlh~ ~ea were inordi~tely ~ ~d would not ~low ~ W ~ com~gve. For cohesion re~ons, a bu~ is m~e ~ fo~ w~s ~d a roof, to us. Addffio~l, we ~ve ~ok~ ~ ~e no~e~t p~ of~e ciW to a~ a Ioca~on. Bofiom ~e, to ny we hsve not ~s~ o~er sr~s, is ~ t~e. Yo~ leB, w~ch you have ~e~n~d to ~ f~ p~c~, ~ ~low F~ay W o~r~e veU com~itively. We f~l ~ ~is ~ a ~w~ s~ion. ~e Ci~en's of e~t Ion Ci~ w~ ~nefii ~m ~e ~ditional com~6o~ sexyice and convenience, and the Taxpayers wil/benefit from addition31 property tax revenue, as we are not seeking tax abatement or city assistance. We ~-ppreoime the concerns city officials have about any re-zOning Of property, as a comprehensive plan of any ci.ty should be carefully reviewed. But ~ represents a minor change in the same clas,lt~cation Of ZOning for a small portion of the area and should be approved, ~s it makes good economic and social sense. gspeciall~ as _,thk soulbeast ares represents the last natural remainlag major grow& corridor for the communlt~. One only h~s to look ~d see the massive development of resident housing in all forms in this area. This area is not cut off by major roads, rivers end potential floods, railreads, and has good ingress ~ud egress to The key to movement on the cut side of the city is, Scott Blvd, as it ties together angular and winding streets so traffic moves easily. ~ locetion is the cornerstone of that developling are~. To be voted your best grocery store in the past year, is to have come a long way from questions raised in 1994 about the need for another grocery store m the city. We take our reputation of being closed Sunday's. low prices, good sexyice end excellent USDA choice m~ats very se~ous a~d will be unrelenting in our cornmAtment to protect thorn. Make no mistake, we will be there a long time and will serve the citizens of Iowa City well. We come to th~ area of the community to serve the cith~'ns of iowa City ~t (h~ir reou.est. In the spirit of free enterprise, we expect to be given that opportunity. Good Luck at your meeting tonight. Sincerely, Robert L. Crs_mer Patrick Hagan President Treasurer SCOTT - SIX INDUSTRIAL PARK PUBLIC/PRIVATE PARTNERSHIP CITY OF IOWA CITY/AL & MARY JO STREB City Contribution · Approval of 38.93 acres of intensive commercial zoning along Scott Boulevard. · Assumption of the ownership and maintenance of Outlots A and B, which will essentially serve as the stormwater management facility for this development. · Waiver of the requirement for sidewalks within the industrial portion of the site. These are to be provided as a public project in the future if the City chooses to do so. · Involvement in the construction of 420th Street, including applying for necessary permits, applying for potential financial assistance such as RISE funding, and agreeing to install a traffic signal at the intersection of Highway 6 and 420th Street in the future if warranted. · Agree to proposed stream relocation as long as an acceptable stormwater quality and management plan is designed and implemented. · Delay installation of fire hydrants in industnal area. -- · Designate industrial area for tax increment financing. · Absorb water and sewer tap on fees. Developer Contribution · Purchase property for development of an industrial park. · Agree to annex the property into Iowa City. · Install all infrastructure in the industrial portion of the subdivision concurrently with the commercial portion; or provide assurance that it will be installed through a letter of credit or an escrow. · Design and construct an acceptable stormwater quality and management facility in association with the proposed stream relocation. · Agree to follow building and site design standards on commercial lots, as specified by the CZA. · Provide for Scoff Boulevard Trunk Sewer easement. · Cap sale price of industrial land at a mutually agreed upon price. City of Iowa Ci, f MEMORANDUM Date: February 13, 1997 To: Scoff Kugler, Associate Planner From: Jeff Davidson, Transportation Planner Re: Scott-Six Industrial Park; problem with offset interSectiOn design Staff continues to disapprove of the offset shown between the existing Heinz Road intersection with Scoff Boulevard, and the proposed norl:h intersection of Freedom Court. Staff maintains that the 130 foot offset between these streets witl result in a confusing situation for motorists and a potentially high accident rate, This will not occur when the street is initially constructed, but after the area is built-oUt with the intended commercial uses. Two alternatives have been offered to the developer which staff believes will improve safety at this location: I) a cul-de-sac bulb at the north end of Freedom Court which was shown in an earlier concept plan, or 2) lining up FreedOm Court with Heinz Road, resulting in a 90" Iour-way intersection, The problem with offset intersections is the uncertainty for motorists allerupting to enter the intersecting street, A mOtoriSt must not only select a gap in which to enter the intersecting Street, but must also deal with opposing traffic at the offset intersection attempting to enter the same gap. This is not so difficult on low volume residential streets, where the probability of opposing traffic is low. It becomes more difficult when the intersecting street is an arterial, and especially difficult when Ihe offset streets are hiqh volume commer- cial/industrial streets intersecting an aRereal. In this situation a conventional four-way intersection i5 a rnuch safer design. There are two examples of the problems with offset streets which current exist in iowa City. Many complaints have been received from residents of the Galway Hills and Walnut Ridge subdivisions about the offset of Galway Drive and Kennedy Parkway. Motorists altorapt to select a gap from one of these side streets in which to enter Melmse Avenue, only to be confronted with conflicting opposing traffic as they begin their movement. Because of the offset ot the streets, the intentions of the opposing motorists are not dear until one has begun to proceed into the Melrose Avenue traffic stream. Another example is the offset intersection of Bowely Street, Prentjss Street, and Gilbert Street, The traffic signal system at this location is inefficient compared to a tour- way intersection, due to the need to completely separate the Bowely Street and Prentiss Street signal phases. An irapedant consideration in staff'S position on this matter is the proposed commercial zoning for the lots along Freedom Court. The type of uses which will be permitted in this area are among the highest traffic generators of any type of land use. Scott Boulevard currently has fairly modest traffic volume in this area (4260), but it will be much higher after this area and the remaining BDI lots build out. It is reasonable to assume that this intersection may eventually require a traffic signal to be installed at City expense. There are several locations in Iowa City where the intersection ef collector and aaerial streets in areas of commercial or industrial land uses have produc~.d traffic conditions which are of concern. Many uf th~se locations are currently being evaluated for slgnalization in order [o reduce the accident rate. This includes the interseel. ions ot Ben[on St./Capitol St. Benton St./Gilbert St., Slovens Dr./Gilbert St,, KeokuK St./SoUthgate Ave.. and Riverside Dr/Myrtle St. Thankfully, none ot these intersedions are offset with opposing streets, because the problems being experienced would be compounded if they were. Let me know if any additional informafioe is needed on staff's position regarding this manor. cc: Karin Franklin Bob MiMe 'Dity of iowa C'ty MEMORANDUM Date: July23, 1997 To: Karin Franklin Re: Estimated build-out intersection volume; Heinz Road/Scott Boulevard/proposed Freedom Court In conjunction with the platting of the Scott-Six commercial and industrial sulpdivisjon, you have asked me to proiect total build-out traffic volume from the Heinz Road/Scott Boulevard/proposed Freedom Court intersection. The attached worksheet from Doug RipIcy summarizes projected build-out traffic volume on Heinz Road when the remaining lots of BDI subdivision have been developed. The forecast long-range traffic volume on Scott Boulevard in this area is 12.439 vehicles per day. This forecast assumed only industrial development in the area, so I'm sure it's understated. I have consulted the fourth edition of the Trip Generation manual published by the Instjtute of Transportation Engineers, in order to calculate an estimated build out traffic volume for Freedom Court. The proposed eleven lots with access to Freedom Court total 7.47 acres or 325,393 square feet. Multiplying this number by .25 (assume 25% of the lot covered by a building) gives us a building area estimate of 81.348 square feet GFA, The trip generation manual lists the following daily trip generation figures for uses that would be permitted in the CI- 1 zone: Mini warehouse 2.6 tripsll ,000 square feet G FA Furniture store 4.3 trfpsll ,000 square feet GFA Garden center 36.2 ~rips/1,000 square feet GFA Hardware/paint store 51.3 tdps/1,000 square feet GFA Discount store 71.2 trips/1,000 square feet GFA High turnover restaurant 201.0 tdps/1,000 square feet GFA Drive-in bank 291.1 trips/I,000 square feet GFA Fast food restaurant with drive-through window 632.2 trips/1,000 square feet GFA Service station 748.0 trips/station Convenience store 887.1 tripsll ,000 square feet GFA You can see there is a considerable range of potentjal trip generation based on the permitted uses in the C1-1 zone. Using an average number of 200 trips/1,000 square feet GFA results in a projected build-out Freedom Cour~ ~raffic volume of 16,269 per day. Combined with the projected Heinz Road build-out traffic volume and the forecast Scott Boulevard traffic volume results in total projected intersection entering volume of 30,188 vehicles per day. I believe this definitely supports our contention ~hat the interSeclion of Heinz Road and Freedom Court should not be offset as shown in the developer's concept plan. As I have been saying throughout the discussion of this matter, the uses permitted in the C1-1 zone include commercial businesses that are among the highesl traffic generators in the community. Let me know if you have any questions regarding this matter. iccogrp',n~ernV~einlra[doC jcco~ Tr...~.onatio. F .,.,.g D,~.~,o.~JCCOG Date: Project: L~ation: Comments: Prepar~ ..2~z. ~,~.~L~.__$~ 3..7 _~~._ ~.~ ........................................... ; ~ ~ ~ ~ ~ : : . . . . . . ................. ' Prepared by: Scott Kugler. Assoc. Planner, 410 E. Washington St.. Iowa City, IA 52240 (319)356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, iowa. a Municipal Cor- poration (hereina~er "City") and A.F. Streb and Mary Jo Streb (hereina~er 'Owner'). WHEREAS, the Owner, A.F. Streb, has requested that the City annex and rezone approximate- ly 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6. from County M1, Light Industrial, to Ct-1, Intensive Commercial (38.93 acres) and I-1, Genera[ Industrial (101.57 acres); and WHEREAS, the proposed rezoning will allow the development of a commercial/industrial subdivision within the corporate limits utilizing City utilities and services; and WHEREAS, Iowa Code 414.5 (1997) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above existing regula- tions, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the adequate provision and timing of infrastructure improvements associated with the proposed development, to address the issues of storm water management, water quality and habitat reconstruction on the property in accordance with City development ordinances, and to ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, the Owner has agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1, A.F. Streb and Mary Jo Streb are the owners and legal title holder (hereafter "Owner") of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6, which property is to be developed as the Scott-Six Industrial Park and is more particularly described as follows: Parcel I (to be rezoned C1-1): Commencing at the Southwest Corner of Section 19, Township 79 North, Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29'~V, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6 and the Point of Beginning; Thence continuing N00°03'29'~V. along said West Line, 404.57 feet, to a point on the Easterly Right-of-Way Line of Scott Boulevard; Thence Northeasterly, 386.13 feet. along the Easterly Right-of-Way Line of Scott Boulevard and a 1481.54 1 City of Iowa City MEMORANDUM Date: February 6, 1997 To: Planning and Zoning Commission From: Scott Kugler, Associate Planner Re: ANN96-0003/REZ96-0021. Scott-Six Industrial Park At the January 16 meeting, the Commission questioned whether or not a Comprensive Plan amendment is needed in association with the above referenced annexation and rezoning request. Also, staff ind|~:ated at that time that a draft of a conditional zoning agreement (CZA) would be available for the Commission to review before voting on the application, and that it was anticipated that the preliminary plat would be placed on the February 6 agenda to coincide with the second public discussion of the annexation and rezoning. The following adresses these items: Comprehensive Plan Amendment: Whether this application is in conformance with the Comprehensive Plan or requires an amendment to the Plan is a matter that will require some judgement on the part of the Commission and City Council. Staff feels that the proposal is in substantial conformance with the Plan and does not require an amendment, even though some deviation from the projected use of the property would occur. Staff's reasoning is detailed below. The Comprehensive Plan Land Use Map prepared for the 1989 Plan update addresses only the property that was located within the corporate limits at the time. Since the subject property is located outside the current city boundary, it was not addressed on that map. However, the Plan contains a Fringe Area 5 Study, which analyzes the area that lies east of Scott Boulevard yet within the growth area, and the most recent Fringe Area Agreement has been incorporated into the Plan. The subject property is recommended for future industrial development in both documents, as is the property to the east and south. In total, the subject property appears to represent just under one-half of the projected industrial area east of Scott Boulevard (see attached map). Approximately 38.93 acres is proposed to be zoned C1-1, Intensive Commercial, but only about 20.65 acres is actually developable. The balance will be within the street right-of- ways or dedicated to the City and eventually rezoned to P, Public. The developable portion of the proposed C1-1 zone represents just over 15% of the property being requested for rezoning, and only about 7 or 8 percent bf the total area projected for industrial development. In terms of land area, the proposed CI-1 zoning is not a substantial deviation from the Plan. In terms of land use, there does appear to be somewhat of a conflict between the proposed C1-1 zone and the recommendations of the Plan. The C1-1 zone does allow some retail activities, restaurants, and auto and truck oriented uses such as drive-thru services and foot radius curve, concave Northwesterly, whose 385.04 foot chord beam N07°23'39"E; Thence N00°03'29"E, along said Right-of-Way Line, 1605.27 feet, to a point on the North Line of said Southwest Quarter, Thence N00°18'56'NV, along said Right-of-Way Line, 579.87 feet, to a point on the South Right-of-Way of the Heartland Rail Corporation; Thence S62009'30"E, along said South Right-of-Way Line, 749.90 feet; Thence S00°03'29"E, 300.25 feet; Thence S11 °43'38'ML 1240.47 feet; Thence S06°00'20'NV, 173.94 feet; Thence S02°29'45'M/. 230.00 feet; Thence S87°30'15"E, 266.70 feet; Thence S02°29'45'M/. 861.87 feet; Thence Southwesterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears S01°12'12'~A/; Thence S00°21'22"E, 65.50 feet, to a point on the South Line of said Southwest Quarter, Thence S89°38'37'~/V, along said'South Ljne, 209.90 feet, to a point on the Northerly Right-of-Way Line of U.S. Highway No. 6; Thence Northwesterly 175.60 feet. along said Right-of-V ay Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears N59°59'08"W; Thence N60°50'54'ML along said Right-of-Way Line, 337.19 feet, to the Point of Beginning. Said tract of land contains 38.93 acres, and is subject to easements and restrictions of record. Parcel II (to be rezoned I-1): Commencing at the Southwest Corner of Section 19, Township 79 North. Range 5 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N00°03'29'M/, along the West Line of the Southwest Quarter of said Section 19, a distance of 254.86 feet, to a point on the Northerly Right-of-Way Line of U.S. High- way No. 6; Thence S60°50'54"E, along said Northerly Right-of-Way Line, 337.19 feet; Thence Southeasterly 175.60 feet, along said Right-of-Way Line and a 5830.00 foot radius curve, concave Southwesterly, whose 175.59 foot chord bears S59°59'08"E, to a point on the South Line of said Southwest Quarter; Thence N89°38'37"E, along said South Line, 209.90 feet, to the Point of Beginning; Thence N00°21 '22'NV, 65.50 feet; Thence Northeasterly, 16.33 feet, along a 300.00 foot radius curve, concave Southeasterly, whose 16.33 foot chord bears N01°12'12"E; Thence N02°29'45"E, 861.87 feet; Thence N87°30'15'~N, 266.70 feet; Thence N02°29'45"E, 230.00 feet; Thence N06°00'20"E, 173.94 feet; Thence N11 °43'38"E, 1240.47 feet; Thence N00°03'29'~/V, 300.25 feet, to a point on the Southerly Right-of-Way Line of Heartland Rail Corpora- tion; Thence S62°09'30"E, along said Southerly Right-of-Way Line, 2261.25 feet, to a point on the East Line of said Southwest Quarter; Thence S00°00'45"E, along said East Line, 990.27 feet; Thence S89°38'37"VV, 670.00 feet; Thence S00°00'45"E, 813.00 feet to a point on the South Line of said Southwest Quarter; Thence S89°38'37"VV along said South Line, 1380.99 feet, to the point of Beginning. Said tract of rand contains 101.57 acres, and is subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure the adequate provision and timing of infrastructure improvements on the property, that the development of the property incorporates provisions for storm water management in such a way that water quality and habitat reconstruction are addressed in accordance with existing City development ordinances, and that the development of individual lots along Scott Boulevard occurs in a manner appropriate forthis entryway into the community. Therefore, Owner agrees to certain conditions over and above City regulations in order to ensure that all infra- structure associated with the development is constructed, that a stormwater manage- ment and water quality plan and landscaping plan be approved by the City prior to final plat approval, and that certain standards will be adhered to on properties fronting on Scott Boulevard to ensure development that is attractive in appearance from this entryway to the city. 3. In consideration of the City's rezoning the subject property from M1 to C1-1 and Owner agrees that the use and development of the subject property will conform to all of the requirements of the C1-1 and I-1 zones, as applicable, as well as the following additional conditions: a. Unless otherwise agreed upon in writing by the City and the Owner, all infra- structure associated with the proposed development, including but not limited to streets, curbs & gutters, storm and sanitary sewers, watermains. stormwater detention facilities, and sidewalks along the frontage of all outlots, shall be installed prior to the issuance of any building permit for any lot within the subdivi- sion. An escrow payment or letter of credit to cover the cost of uninstalled improvements may be accepted in lieu of completion of the infrastructure im- provements if the City feels it is reasonable under the conditions. b. Sidewalks will be provided along all commercially zoned lots within the develop- ment and other areas as specifically noted on the preliminary plat, as such individual properties are developed, except as provided above in section 3a above. c. A stormwater management plan that addresses water quality and the re-estab- lishment of habitat along the relocated stream corridor, if said relocation is approved by the Department of Natural Resources, shall be submitted and approved pdor to final plat approval. A concept plan illustrating how this will occur shall be submitted for review with the preliminary plat. d. All applicable federal, state, and local requirements with regard to the contain- ment, storage, handling, and disposal of hazardous, dangerous, or toxic materi- als shall be adhered to, and all required permits for stodng, handling, and disposal of said materials shall be obtained, on a lot-by-lot basis for each individ- ual lot, pdor to issuance of a building permit for each lot within this property. e. All improvements associated with land to be dedicated to the City shall be installed and approved prior to City acceptance of the proposed dedication. f. On lots with frontage on Scott Boulevard or Highway 6, all building elevations visible from Scott Boulevard or Highway 6 shall be pdmadly masonry, which may include fired bdck, stone or similar material, dressed concrete block, and stucco or like matedal when used in combination with other masonry finish. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted if the Director of Planning and Community Devel- 3 opment determines that the use of such other materials satisfies the intent of this Agreement. All elevations visible from Scott Boulevard shall have a finished facade, Rooftop mechanical devices shall be screened. g. On all commercially zoned lots within the development, loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equip- ment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing andA}r visible from Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping. h. In addition to the requirements of the City's Tree Regulations. the periphery of all parking lots visible from Scott Boulevard shall include a 10-foot wide planted landscaped area including evergreen shrubs or a hedge. UP to 5 feet of this required landscape area may be located within a right-of-way provided that a continuous area at least 10 feet in width is maintained, free of street. access road or sidewalk paving, to allow a sufficient growing area for the landscaping to be established. i. Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. j. Freestanding signs within the development shall be limited to one located at each vehicular access point to the property from an arterial street. Individual development lots within the development may provide monument, facia, or other signs as permitted by the City's sign regulations on a lot-by-tot basis, but shall not provide additional freestanding signs beyond that specified above. If signs are to be lighted, they shall be internally illuminated and in compliance with the City's sign regulations. 4. The Owner agrees that each and every development within the Scott-Six Industrial Park that occurs on a commercially zoned lot visible from Scott Boulevard or Highway 6 must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Develop- ment shall review and approve the concept plan based on the cfiteda listed above and the City's then existing development ordinances. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifica- tions substantially satisfy the intent of the criteria. Decisions of the Director shall be completed within the twenty-one (21) day pedod provided by City Code, and may be appealed to the City Council after review and recommendation by the Planning and Zoning Commission. 5. The Owner acknowledges that the conditions contained herein are reasonable condi- tions to impose on the land and under Iowa Code 414.5 (1997), and that said conditions satisfy public needs which are directly caused by the requested zoning changes. 6. The Owner acknowledges that in the event any portion of the subject propetty is transferred, sold, redeveloped, or subdivided, all development and redevelopment will 4 conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. 7. The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until rel~;ased of record by the City and may not be superseded or avoided by separate private covenants not recorded and not within City's knowledge· The Parties further acknowl- edge that this Agreement shall inure to the benefit of and bind all successors, represen- tatives and assigns of the Parties. 8. Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state and federal regulations, including but not limited to Department of Natural Resources approval of the relocation of the stream corndor located on the property and the need for local, state. or federal permits for containment, handling, stodng, or disposing of hazardous, dangerous, or toxic materials on any site within the development. 9· 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 Owners expense. Dated this /~r~ dayof/~r~ ,1997. OWNER CITY OF IOWA CITY ~.'~b'~~.. By: · . Husband Naomi J. Novick, Mayor JSteb'~Wife Attest: Approved by: Marjan K. Karr, City Clerk ~mey's Office ,,~_ 5 STATE OF IOWA ) ) ss: JOHNSON ~C~NTY ) on ,h,s / ¢ 'da of,1997, befo.e me, ,he .nders,gned. a in and for said County, in said State, personally appeared A. F. Streb and Mary Jo Streb, to me known to be the husband and wife and to be 1 identical persons named in and who executed the within and foregoing instrument,.~ howledged that he executed the same as h~s voluntary act and deed >tary Pubhc in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 1997, before me, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19 , and that Naomi J. Novick and Marlan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 6 ~'qMITTAL COVER SHEET ,, )A 52240 ,/(319) 356-5009 ' ~a~e: ~'/ J"~ 7 __ CITY OF IOWA CZTY COMPANY: DEPT.: FAX ~: ~c~' ?Z~O PHONE Total pages {including this cover sheet):- MESSAGE: you do not receive all pages or have any problem wi(h the transmission, please call the phone # listed ore. 2/95 2 The other role of the City is in making financial commitments to parts of ichis project. They are listed below with estimated costs. 1, Maintenance of Outlots A and B ? 2 Future installation of sidewalks in the industrial area, at the City's $ 28,700 discretion 3. Construction of 420th Street 1.200,000' 4. Absorbing sewer and water tap-on fees Sewer 225,993 · Water 35,956 5. Review of storm water quality plan 3,500 Total +$1,537,709 · An arterial stroll outside ihe subdivision and in Ihe City's Capita] Improvement Program beyond FY2003. If an urban renewal area is adopted and a tax increment financing ordinance adopted, some of the tax increment may be used to reimburse the City for these expenditures. The Strobe have also made concessions, which are not quantifiable, to facilitate development of the park. These are items which would not be at issue if the property were developed in the County or if a rezoning were not required. 1 Agreeing to annex the property and be subject to City requirements, 2. Agreeing to a higher level of scrutiny, by the City, of commercial developments along Scott Boulevard and Highway 6. 3. Agreeing to requirements for landscaping and screening along Scott Boulevard (there is a cost to this but it is not quantifiable at this point; the cost will be borne by the individual businesses). 4. Agreeing to limits on signage along Scott Boulevard. The financial commitment of the Strebs to the industrial portion of this project is significant, as noted below: 1. Acquisition of land $ 470,000 2. Installation ot infrastructure (City's est.) 1,864,000 3. Design and construct storm water quafity and management area '~ 4. Easement for Scott Boulevard trunk sewer 39,600 Total +$2,373,600 Financial Assietance to Industry We have discussed previously the possibility of establishing an urban renewal district and adopting a tax increment financing (TIF) ordinance for the district. This would enable reimbursement to the City of capital expenditures for the park and provide a source of revenue to support grants, loans, or infrastructure improvements for businesses wishing to locate in the park. How the tax increment is spent, that is, whether it is allocated to reimbursement of the City for park improvements or used exclusively for incentives for future businesses, is at the discretion of the Council. This would be decided through the process of establishing the TIF district and adopting the ordinance. The details of the TIF district need not be decided prior to the annexation and rezoning. However, agreement with the concept would be useful so that the rather lengthy process of adoption (14 weeks) may begin. The City plays the dominant role in financial assistance to businesses. However, the owners do play a part through the sale of the improved land. We have discussed with the Strebs the Concept of agreeing to a cap on the sale price of the land. This price would necessarily include land costs. infrastructure improvements, debt serwce. and profit. The goal is to achieve industrial land that is competitive in the market. Our discussions are ongoing and cannot be finalized until the developer's cost estimates are retined. Work Session on March 17 Much of the information in this memorandum applies to the total industrial park project and not specifically to the annexation and rezoning. We expect a signed conditional zoning agreement by the March 18 hearing; a revised version is included in your packet. You may proceed with the public hearing. resolution for annexation and first consideration of the rezoning as Soon as the agreement is signed. It is important, however, that you understand all of the nuances of this project and that a majodty of you agree with how we are proceeding so that we can continue with the plat and begin the TIF process. Issues which have been raised. which we will need to discuss and hopefully resolve on Monday, are the extent to which the Council expects to restrict uses normally allowed in industrial zoned areas. and what constitutes financial assistance to a business such that the financial assistance guidelines are applied. cc: Cih/Manager AI & Mary Jo Streb Hobart Downer David Schoon Scott Kugler I10-23-0t Prepared by: Bob Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ01-00012) ORDINANCE NO. AN ORDINANCE TO REZONE APPROXIMATELY 24.12 ACRES FROM INTERIM DEVELOPMENT SINGE-FAMILY, ID-RS, TO SENSITIVE AREAS OVERLAY LOW DENSITY SINGLE-FAMILY, SAO-5, LOCATED EAST OF HICKORY TRAIL. WHEREAS, the applicant and property owner, Plum Grove Acres, Inc., has requested the City rezone 24.12 Acres from ID-RS to SAO-5 located at the east end of Hickory Trail; and WHEREAS, the proposed rezoning to allow a low density residential development is in conformance with requirements of the sensitive areas ordinance; and WHEREAS, the proposed rezoning is in conformance with the Comprehensive Plan; and WHEREAS, The Planning and Zoning Commission has reviewed this application and has recommended approval. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. The property described below is hereby rezoned from its present classification of ID-RS to SAO-5: BEGINNING AT THE NORTHEAST CORNER OF FIRST AND ROCHESTER SUBDIVISION, PART THREE, TO IOWA'CITY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF; THENCE NSg°26'44"E, 635.22 FEET; THENCE S00132'00"E, 1325.33 FEET; THENCE S00°10'32"W, 333.60 FEET; THENCE S89°04'17"W, 659.09 FEET; THENCE N06 ° 15'43 "E, 277.69 FEET; THENCE NORTHWESTERLY 35.24 FEET, ALONG THE ARC OF AN 385.53 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 35.23 FOOT CHORD BEARS Ngl °07'08"W; THENCE NI 1 °30'00'E, 162.54 FEET; THENCE N05 °00'00"W, 254.63 FEET; THENCE N11 °39'36"E, 251.82 FEET; THENCE N08 °00'00"W, 315.29 FEET; THENCE N00°00'00"E, 399.07 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 24.12 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 final passage, approval, and publication of this ordinance as provided by law. 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 unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK Approved by Ci ppdadm/ord,'hickonTtrail.do~: STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ01-00012/SUB01-00009. First& Date: September6, 2001 Rochester, Part 4; Preliminary Plat & Sensitive Areas Development Plan GENERAL INFORMATION: Applicant: Plum Grove Acres, Inc. P.O, Box 2208 Iowa City, IA 52244 Phone: 338-1365 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Rezoning from ID-RS to SAO-5 Purpose: To allow a 36-1ot residential subdivision Location: At the eastern terminus of Hickory Trail Size: 24.12 acres Existing land use and zoning: Vacant, ID-RS Surrounding land use and zoning: North - Vacant, ID-RS; East- Vacant, ID-RS; South - Residential; PDH-5; West- Residential; RS-5. Comprehensive Plan: Low density residential, 2-8 dwelling units per acre Applicable Code requirements: Section 14-6-K1, Sensitive Areas Ordinance. Chapter 14-7, Land Subdivisions. File date: August 9, 2001 45-day limitation period: September 22, 2001 2 BACKGROUND INFORMATION: The applicant, Plum Grove Acres, Inc., is requesting a rezoning from ID-RS, Interim Development, to OSA-5, Sensitive Areas Overlay, and preliminary plat approval of First and Rochester, Part 4, a 24.12 acre, 36-1ot residential subdivision located at the east terminus of Hickory Trail. The proposed plat is an extension of earlier portions of the First & Rochester subdivision located to the west. The property contains a woodland, a stream corridor, and steep and critical slopes, and therefore requires a Sensitive Areas Overlay rezoning and a Sensitive Areas Development Plan. Development within this area has not occurred in recent years due to secondary access constraints. It was determined that no additional development should occur in this area until First Avenue is extended to provide a second means of access for the neighborhood. This application has been submitted in anticipation of this occurring. First Avenue is currently under construction and is expected to be open for traffic in November 2002. A previous application to allow 48 residential lots on this property was denied by the City Council in 1999, primarily due to lack of secondary access. ANALYSIS: This rezoning request will be evaluated in terms of its consistency with the Comprehensive Plan, including the Northeast District Plan, its compliance with the Sensitive Areas Ordinance and other requirements of the Zoning chapter, and its compatibility with surrounding developed and undeveloped properties. Comprehensive Plan: The Comprehensive Plan calls for residential development at 2-8 dwelling units per acre in this location. This plan would result in a gross density of 1.6 units per acre, with limited development potential on portions of the property due to the presence of wooded steep and critical slopes and a stream corridor. With these areas discounted, the development appears to be consistent with the comprehensive plan in terms of density. Density could have been increased by incorporating the clustering options detailed in the design guidelines of the Sensitive Areas Ordinance, but the applicant chose not to do so. The Northeast District Plan includes a conceptual plan illustrating how the principles of the Plan can be applied to the development of this area. Although the proposed subdivision does not follow the concept plan exactly, it does include many of the elements illustrated in the Northeast District Plan, and in staff's opinion is in general conformance with the plan. Neiqhborhood Open Space: The proposed subdivision sets aside Outlots A and B for parkland and open space. Outlot B will be the beginning of a larger park shown in the Northeast District Plan. As subdivisions are proposed to the east, there will be opportunities to extend the park along Ralston Creek. Although much of Outlot B is within the flood plain of Ralston Creek, approximately 1 acre is outside of the flood plain and satisfies the requirements of the Neighborhood Open Space Ordinance. Outlot A contains steep slopes and woodlands and is therefore not suitable for neighborhood parkland. It does however assure the long-term protection of this environmentally sensitive area and will allow for a potential trail location as called for in the Northeast District Plan. The woodland and steep slopes on the western side of the subdivision will not be designated as public land but will be incorporated into the rear yards of properties on Tamarack Trail. A conservation easement will provide long-term protection of this environmentally sensitive area. Street Desiqn: The Northeast District Plan calls for a series of local and collector streets to provide access to this area while at the same time discouraging cut through traffic. The extension of Hickory Trail and the two new streets, Tamarack Place and Tamarack Trail conform to this design concept. Tamarack Trail will be extended to the east and north when the adjacent properties develop. This should eventually provide indirect street connections from this neighborhood to Scott Boulevard, which is being built to the north and east of this general area. Tamarack Trail contains a landscaped circle that will serve as a temporary cuPde-sac. After the street is extended to the north, the landscaped circle may serve as a traffic calming device on this otherwise long street. Storm Water Manaaement: The applicant proposes to address neighborhood drainage concerns by redesigning an exiting drainage system located in the vicinity of Outlots C and D. The applicant is also working with the Public Works Department and adjacent property owners on efforts to stabilize the stream bank of Ralston Creek. Sensitive Areas: As discussed above, most of the environmentally sensitive areas will be set aside as public open space or protected by a conservation easement. The steep slopes located on lots 111 to 113 are likely to be graded to allow the construction of houses. The Sensitive Areas Ordinance permits such grading as long as it is done according to the guidelines of the ordinance. The Public Works Department in currently reviewing the grading plan. SecondaN Access: The extension of First Avenue to Scott Boulevard to Dodge Street will provide a secondary access for this overall neighborhood, allowing additional development to occur in this area. Approval of this rezoning and subdivision should be subject to no building permits being issued until First Avenue is open to traffic. Neiqhborhood Compatibility: Most of the surrounding properties have been developed as single-family residential areas meeting the requirements of the RS-5 zone, with the exception of the property immediately to the south which contains attached condominium units with a similar density. It is anticipated that undeveloped properties in the vicinity will also be developed at a similar density. The proposed development appears to be compatible with the existing development in the area, and should not have an adverse impact on the development of adjacent undeveloped properties. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies are resolved. Upon resolution of these items, staff recommends that REZ01-0001/SUB01-00009, a rezoning from ID-RS to SAO-5 and the Sensitive Area Development Plan and preliminary plat of First & Rochester, Part 4, a 24.12-acre, 36-1ot residential subdivision be approved subject to no building permits being issued until the extension of First Avenue is open to traffic. DEFICIENCIES AND DISCREPANCIES: 1. The Sensitive Areas Development Plan should contain notations regarding the acreage of woodlands on the property and the square footage of woodlands that will be retained after development. 2. The Conservation Easement should be more clearly delineated on the plat. 3. The purpose of Outlots C&D should be labeled on the plat. 4. The stormwater sewer and drainage easements need to be more clearly labeled on the plat. 4 ATTACHMENTS: 1. Location Map. 2. Preliminary Plat/Sensitive Areas Development Plan. Jeff Davidson, Assistant Director Department of Planning and Community Development ~ P /// ID -RS RS 8 HICKORY ~ P PDH 5 H~CKORY ' t Lo~:~.. ,,L, / ~. ~ RS 5 I ':"" PARK REGINA 117\\ ~ ~ RM I 20 _ __ .. ns .~ co~ ~~ SITE LOCATION: East end of Hickory TrailSUB01-00009/REZ01-00012 Prepared by: John Yapp, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (REZ01-00018 ORDINANCE NO. AN ORDINANCE AMENDING THE OPDH PLAN FOR VILLAGE GREEN PART XVIII TO PERMIT NINE ADDITIONAL RESIDENTIAL UNITS ON 4.33 ACRES OF PROPERTY LOCATED WEST OF SCO'I'r BOULEVARD AND SOUTH OF WELLINGTON DRIVE. WHEREAS, the applicant, Village Padnets, has requested the City amend the OPDH plan for Village Green Part XVIII to permit nine additional residential units on a vacant parcel of property located south of Wellington Drive and west of Scott Boulevard; and WHEREAS, the previous OPDH plan for Village Green Parts XVIII through XX was approved by Ordinance No. 00-3942 in July 2000; and WHEREAS, the proposed OPDH design includes 12 residential units that were previously approved, plus nine additional residential units clustered on one lot around a landscaped green, and accessed from a private drive with a 22-foot wide pavement; and WHEREAS, the Comprehensive Plan indicates this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and has recommended approval'of the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The OPDH plan for Village Green Part XVIII, legally described below, is hereby amended to allow nine additional residential units: Lot 57 and Outlot A of Village Green - Pad XVIII in accordance with the recorded plat thereof. Said tract of land contains 4.33 acres more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. To allow the development of nine additional residential units, in addition to 12 residential units already approved, to be clustered on one lot, surrounding a landscaped green, and accessed from a private drive with a 22-foot wide pavement, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan, SFCTION Ill. ZONING MAP, The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION IV. RFPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SFVFRABILITY. 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 pad thereof not adjudged invalid or unconstitutional. SECTION VI EFFFCTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ~ day of ,20 MAYOR ATTEST: CITY CLERK Approved by City Attorn~s Office i)pdadnV~rdh4tlagegreen181Jcc STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB01-00020/REZ01-00018 Date: September 20, 2001 Village Green Pads XVIII and XXI GENERAL INFORMATION: Applicant: Third Street Partners 325 Third Street Iowa City, IA 52240 Contact Person: MMS Consultants 1917 South Gilbert Street Iowa City, IA 52240 Requested Action: Preliminary and final plat and OPDH Plan approval Purpose: To permit 9 single-story residential units on Lot 65 of Village Green Part XXI Location: West of Scott Boulevard, south of Wintergreen Drive Size: Lot 65 is 66,615 SF, or 1.53 acres The entire OPDH plan encompasses 4.33 acres Existing Land Use and Zoning: Vacant, QPDH-5 Surrounding Land Use and Zoning: North: Residential, OPDH-5 South: Residential, OPDH-5 East: Agricultural, County RS West: Residential, OPDH-5 Comprehensive Plan: Residential, 2-8 du/acre File Date: August 30, 2001 45 Day Limitation Period: October 15, 2001 SPECIAL INFORMATION: Public Utilities: Public utilities are available to serve the site Public Services: City police and fire protection will be provided. Private refuse collection will be required for refuse pick-up on private streets. 2 BACKGROUND INFORMATION: When the final plat for Village Green Part XVIII was approved, Outlot A, shown as Lot 65 on the proposed OPDH plan, was set aside for future development. At the time, the applicant, Third Street Partners, did not know whether they would pursue a clubhouse or some other quasi- commercial use on this lot, or residential uses. The applicant has decided to pursue residential uses on Lot 65 consisting of 9 single-story attached condominium units, similar to but of a different design than the existing attached condominiums in other parts of Village Green. Lot 65 is a 1.53-acre rectangular-shaped property bounded by Scott Boulevard, Wellington Drive, Village Road, and Clifford Lane. The property is zoned OPDH-5, so approval of am amended OPDH plan is required, which follows the rezoning process. Because the lot had previously been designated as an outlot and is now proposed as Lot 65 of Village Green Part XXI, a subdivision is required as well. ANALYSIS: Density The density proposed for Lot 65 is 9 units on 1.53 acres, or 5.88 units per acre, slightly more than is permitted. The applicant is proposing to include Lot 57 of Village Green Part XVIII as part of the OPDH plan in order to use some open space in Lot 57 to bring the total density in conformance. According to the applicant, the overall density for Lots 57 and 65 will be 5.36 units per acre, which falls under the maximum density of 1 unit per 6,000 SF, or 5.44 units per acre, maximum. This density is in conformance with the Comprehensive Plan Land Use Map, which identifies this part of the City as having 2-8 dwelling units/acre. Maximum density OPDH-5 zone: 5.44 units/acre Density of Lot 65 by itself: 5.88 units/acre Density of Lot 65 plus Lot 57: 5.36 units/acre Compatibility with neighborhood The Proposed design for Lot 65 appears to be compatible with the surrounding neighborhood. The dwelling units front on the surrounding streets, including Scott Boulevard, Wellington Drive, and Clifford Lane. The vehicular access to the units is a semi-circle loop drive off of Village Road, of a similar design to other loop drives in the neighborhood. There have been concerns expressed in the past by Planning and Zoning Commissioners and staff that the design of the units in the Wellington Condominium area are becoming too similar. While the units proposed for this lot are single-story attached condominiums as on neighboring properties, the exterior design is different and provides a variation from other units in the area. The units proposed for Lot 65 are a little smaller than most of the other units in the area, and are proposed to have single-stall garages. Staff has worked with the applicant to ensure the residential appearance of the property from the major streets, Scott Boulevard and Wellington Drive, is maintained, and to make sure residential units face each other across Clifford Lane. In staff's opinion, the site and building design is compatible with the surrounding neighborhood. As part of the OPDH plan, staff has also requested the development design a landscaping 'amenity' in the green formed by the semi-circle drive that serves the property. In the Planned Development Housing Ordinance, amen/ties such as landscaped greens or open space areas are encouraged when clustered housing is being approved. The details of this landscaped green are shown on the OPDH plan. 3 Open space The open space requirements have been met with previous parts of Village Green, and no land or open space fees are required. The OPDH zone requires that the maximum land coverage for buildings shall not exceed 35% of the land area minus street right-of-way, and that at least 35% of the land area minus street right-of-way be open space and unpaved. It appears the plan meets these requirements. Sensitive areas The hydric soils that existed on Lot 57 require a sensitive areas site plan to be submitted. There are no hydric soils on Lot 65. Traffic access The property has fairly direct access to Scott Boulevard, a north-south arterial street. Access to Muscatine Avenue, an east-west arterial street, is via Village Road and Village Green Road. For pedestrians, sidewalks are provided on Village Road and Wellington Drive, and an 8-foot wide sidewalk is on the west side of Scott Boulevard. Sidewalk connections to the public sidewalk system are proposed for each of the condominium units. Utility tap-on fees Water main extension and sanitary sewer tap-on fees have been paid for Lot 65 with the final plat Village Green XVIII, and no additional fees are required. Legal Papers Staff has received legal papers for the final plat. The legal papers will need to be approved prior to City Council consideration. STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat of Village Green XXI, and the preliminary OPDH plan for Lots 57 and 65, be deferred pending resolution of the deficiencies and discrepancies described below. Upon resolution of these deficiencies and discrepancies, staff recommends that the preliminary and final plat of Village Green Part XXI, a 1.53-acre, l-lot subdivision located west of Scott Boulevard and south of Wellington Drive, and the amended OPDH-plan for Lots 57 and 65 of Village Green, be approved, subject to approval of legal papers and construction drawings prior to City Council consideration. DEFICIENCIES AND DISCREPANCIES: 1. A cress-section for the private drive needs to be shown on the OPDH plan and the final plat. 2. Side elevations should for shown for the units facing the street on the OPDH plan. 3. Other deficiencies identified by City Engineering staff. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IO~:A CITY RRADFORD DRIVF SOUTHEAST JUNIOR PARKWEW AV, HIGH p SCHOOL MERCER :hatham PARK Balfour SITE LOCATION: Corner of Wellington Dr. & Scott Blvd.REZ01-0001 8/SUB01-00020 L. EN- PART XXI IOWA CITY, IOWA =====::~j~ '---,,,,,"',,,,, ,~,--,, .~, : ~ .................. .-."~ ~. ' ..... ,,/{ __~::~}::t:-~, iz ~/~{ / ' ="~'~' "~=""'~'? .... .:::::::::::::: :.:~:~,,~.::"':~ .,, ~,~:: ,~-~'....'~"'7::-"""'~"'*~,' .~___._.. ', ",,, .....-" ~::,"~'~~ ~," , ..... , "' /...., ~...{~.::~'~. ",,~' ........ . ..........,',,~: ......, x,,,,,:~..,, --,,,..,,,.~ ---, .... / ""':L~,CL~ 'LL~: ..... , "-Z~''/'/~,//' /'~ ~ ~- -, ~ -- _, ~ --:a5;a--~ PFelirninaFx OPDH--5 Plan for [,oLs 5? And 65 F][_,ED Village Green, Parts XVI~i and XXt ~88~:Ug30 ~:: ::~ ,,,~ ,~, ,, IOWA C~T'~ I 10'~$3i01 Prepared by: Shelley McCaffedy, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00014) ORDINANCE NO. AN ORDINANCE TO REZONE APPROXIMATELY 14.07 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL, RS-5, AND PLANNED DEVELOPMENT OVERLAY - LOW DENSITY SINGLE FAMILY RESIDENTIAL, OPDH-5, TO OPDH-5, FOR APPROXIMATELY 14.07 ACRES OF PROPERTY LOCATED SOUTH OF VILLAGE ROAD AND NORTH OF WINTERGREEN DRIVE. WHEREAS, the applicant, Third Street Partners, has requested the City rezone 14.07 acres of land located south of Village Road and west of Scott Boulevard; and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for residential development at a density of two to eight units per acre; and WHEREAS, the Comprehensive Plan encourages alternatives to single-family detached housing; and WHEREAS, the proposed OPDH design includes 33 condominium units clustered around a proposed pond, and 11 single-family units fronting on Wintergreen Drive; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and OPDH plan and it has recommended approval of the same. 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 Low-Density, Single-Family Residential (RS-5) and Planned Development Housing Overlay (OPDH-5) to Planned Development Housing Overlay (OPDH-5) to permit a 15-lot, 44-unit residential subdivision: Village Green Part XIX Commer'lcing at the Northeast corner of the Northeast Quarter, of Section 24, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°53'53"W, along the Nodh Line of Said Northeast Quarter, the South Line of Village Green, Part XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson County Recorder's Office, and the Nodh Line of Village Green South, Part 3A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 38, of the Records of the Johnson County Recorder's Office, 361.80 feet, to the Northwest Corner of said Village Green South, Part 3A, and the Point of Beginning; Thence S00°06'07"E, along the West Line of said Village Green South Part 3A, a distance of 70.43 feet; Thence S44°18'53"E, 111.36 feet; Thence S45°41 '07"W, 98.54 feet; Thence S45°41 '07"W, 63.51 feet; Thence Southwesterly 24.68 feet, on a 402.98 foot radius curve, concave Southwesterly, whose 24.67 foot chord bears S49°41 '29"E; Thence S42°03'47"W, 126.33 feet, to a point on said West line of Village Green South Part 3A; Thence S47°58'19"E, along said West Line, 146.90 feet; Thence S14°42'07"W, along said West Line, 84.95 feet; Thence Northwesterly, 14.75 feet, along said West Line on a 471.61 foot radius curve, concave Northeasterly whose 14.75 foot chord bears N74°24'07"W; Thence S16°29'39"W, along said West Line, 195.88 feet, to the Southwest Corner of said Village Green South Part 3A, and a Point on the North Line of Village Green South, Part 4B, in accordance with the Plat thereof Recorded in Plat Book 34 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N63°08'40"W, along the North Line of said Village Green South, Part 4B, a distance of 271.54 feet; Thence N32°32'35"W, along Ordinance No. Page 2 said North Line, 50.75 feet; Thence N89°12'22"W, along said Nodh Line, 278.94 feet, to the Northwest Corner thereof; Thence N10°04'01"E, 158.22 feet; Thence N15°23'06"E, 217.09 feet; Thence N32°04'14"E, 85.00 feet; Thence N70°19'00"E, 139.50 feet, to the a Point on the Southerly Line of Lot 49, of Village Green, Pad XVIII, in accordance with the Recorded Plat thereof; Thence N89°51'17"E, along said South Line, 175.57 feet; Thence N67°02'15"E, along said South Line, 214.32 feet, to the Point of Beginning. Said Tract of Land contains 7.11 acres, more or less, and is subject to easements and restrictions of record. Village Green Part XX Commencing at the Northeast Corner of the Northeast Quarter, of Section 24, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89053'53"W, along the Nodh Line of Said Northeast Quarter, the South Line of Village Green, Pad XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson County Recorder's Office, and the North Line of Village Green South, Part 3A, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 38, of the Records of the Johnson County Recorder's Office, 930.78 feet to the Point of Beginning; Thence S77°05'19"E, along the Northerly Line of Outlot "B" of Village Green, Part XVIII, in accordance with the Recorded Plat thereof, 109.20 feet; Thence S56°48'24"E, along said Northerly Line, 107.12 feet, to the Southeast Corner thereof: Thence S70°19'00"W, 139.50 feet; Thence S32°04'14"W, 85.00 feet; Thence S15°23'06"W, 217.09 feet; Thence S10°04'01"W, 60.00 feet; Thence Northwesterly, 679.18 feet along a 525.38 foot radius curve, concave Northeasterly, whose 632.86 foot chord bears N42°53'57"W; Thence N05°51 '54", 6.11 feet to the Southeast Corner of Outlot "B" of Village Green, Pad XV, in accordance with the Plat thereof recorded in Plat Book 38, at Page 97, of the Records of the Johnson County Recorder's Office; Thence S89°57'00"W, along the South Line of said Outlot "B", 122.06 feet; Thence N00°03'00"W, along the Westerly Line of said Outlot "B", 84.82 feet; Thence N08°58'49"E, along said Westerly Line, 136.86 feet; Thence N39°29'01"E, along said Westerly Line, 112.85 feet, to the Nodhwest Corner thereof; Thence Southeasterly, 519.73 feet, along the Northerly line of said Village Green, Part XV, and the North Line of Outlot "B" of Village Green, Part XIV, in accordance with the Plat thereof Recorded in Plat Book 37, at Page 41, of the Records of the Johnson County Recorder's Office, on a 746.66 foot radius curve, concave Northeasterly, whose 509.31 foot chord bears S70°27'27"E; Thence Northeasterly, 23.74 feet, along the North Line of Outlot "B", of said Village Green, Part XIV, and the North Line of Outlot "A" of Village Green, Part XVII, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 21, of the Records of the Johnson County Recorder's Office, on a 760.00 foot radius curve, concave Northwesterly, whose 23.74 foot chord bears N88°42'22"E, to the Northwest Corner of Lot 49, of Village Green, Pad XVIII in accordance with the Recorded Plat thereof; Thence S02°11 '20"E, along the West Line of said Lot 49, 136.52 feet, to the Point of Beginning. Said Tract of Land contains 6.95 acres, more or less, and is subject to easements and restrictions of record. SECTION II. VARIATIONS. To encourage the development of 33 attached condominium units on 4 lots and 11 single-family units with condominium units clustered around a pond, accessed by 22-foot wide private streets, the Planning and Zoning Commission recommended approval of the rezoning in accordance with the OPDH plan. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION IV. REPEALER. All ordinance 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__ Ordinance No, Page 3 MAYOR ATTEST: CITY CLERK It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn First Consideration Vote for passage: Second Consideration Vote for passage: Date published ppdadm/on:~/villagegreerb~X-X,~doc Prepared by: /, PCD, 410 E. Washington Street, Iowa City, IA ) ORDINANCE NO. AN ORDINANCE TO ONE APPROXIMATELY 14.07 OF PROPERTY FROM LOW DENSITY .~LE FAMILY RESIDENTIAL AND PLANNED DEVELOPMENT LOW DENSITY SINGLE RESIDENTIAL, OPDH-5, TO OPDH-5, 14.07 OF PROPERTY LOCATED SOUTH OF VILLAGE E::)RTH OF DRIVE. WHEREAS, the applicant, Third has City rezone 14.07 acres of land located south of Village Road and of Scott BoL and WHEREAS, the Comprehensive Plan that area is appropriate for residential development at a density of two to eight units WHEREAS, the Comprehensive Plan to single-family detached housing; and WHEREAS, the proposed OPDH design ~3 condominium units clustered around a proposed pond, and 11 single-family units fronting intergreen Drive; and WHEREAS, the Planning and Zoning reviewed the proposed rezoning and OPDH plan and it has recommended approval NOW, THEREFORE, BE IT ORDAINED ;OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property below ereby reclassified from its present classification of Low-Density, Sin! ~and Planned Development Housing Overlay (OPDH-5' Planned Developm~ Housing Overlay (OPDH-5) to permit a 15-1ot, 44-unit residential sub vision: Village Green Part XIX Commencing at the of the Northeast Quarter, of Section 2 Township 79 North, Range 6 West, of the Fifth Princ Meridian; Thence S89°53'53"W, along th North Line of Said Northeast Quarter, the South L' : Village Green, Part XVII, in accordance 'th the Plat thereof Recorded in Plat Book 41, at a ~-1, of the Records of the Johnson County ecorder's Office, and the North Line of Village re South, Part 3A in accordance with the Plat t reof Recorded t ilia i~ S00°06'07"E, along the est Line of said Village G;een Sou~h Pad 3A a 7~.43 feet; Thence S44~18'5~'E .36 feet; Thence S45~41'07"W, 98.54 feet; Thence S45°41'0~"W, 63.51 feet; Thence South~ y 24.68 feet, on a 402.98 foot radius cuNe, concave Southwesterly, whose 24.67 foot c~ord bears S49°41'29"E; Thence S42003'47"W, 126.33 feet, to a point on said West line of Village Green South Part 3A; Thence S47°58'19"E, along said West Line, 146.90 feet; Thence S14°42'07"W, along said West Line, 84.95 feet; Thence Noahwesterly, 14.75 feet, along said West Line on a 471.61 foot radius curve, concave Noaheasterly whose 14.75 foot chord bears N74~24'07"W; Thence S16°29'39"W, along said West Line, 195.88 feet, to the Southwest Corner of said Village Green South Part 3A, and a Point on the North Line of Village Green South, Part 4B, in accordance with the Plat thereof Recorded in Plat Book 34 at Page 41, of the Records of the Johnson County Recorder's Office; Thence N63~08'40"W, along the North Line of said Village Green South, Part 4B, a distance of 271.54 feet; Thence N32°32'35"W, along · Ordinance No. Page 2 said North Line, 50.75 feet; Thence N89°12'22"W, along said North Line, 278.94 feet, to the Northwest Corner thereof; Thence N10°04'01"E, 158.22 feet; Thence N15°23'06"E, 217.09 feet; Thence N32°04'14"E, 85.00 feet; Thence NT0°19'00"E, 139.50 feet, to the a Point on the Southerly Line of Lot 49, of Village Green, Part XVIII, in accordance with the Recorded Plat thereof; Thence N89051'17"E, along said South Line, 175.57 feet; Thence N67°02'15"E, along said South Line, 214.32 feet, to the Point of Beginning. Said Tract of Land contains 7.11 acres, more or lesS, and is subject to easements and restrictions of record. Village Green PartXX Commencing at the northeast Corner of the Northeast Quarter, of Section 24, Township 79 I~ Range 6 West, of the R~:th Principal Meridian; Thence S89°53'53"W, along the North Line Northeast Quarter, the S~,~th Line of Village Green, Part XVII, in accordance with the PI~ Recorded in Plat Book 41 ,~3t Page 21, of the Records of the Johnson County RecordE and the North Line of Village\'Green South, Part 3A, in accordance with the in Plat Book 34, at Page 38, o~',~he Records of the Johnson County Recorder's Offic feet to the Point of Beginning; Then~ S77°05'19"E, along the Northerly Line of Curl "B" of Village Green, Part XVIII, in accordarise with the Recorded Plat thereof, 109. feet; Thence S56°48'24"E, along said Northerly Line, 107.12 feet, to the Southeast thereof: Thence S70°19'00"W, 139.50 feet; Thence S32°04'14"W, 85.00 feet; Thence S15° 217.09 feet; Thence S10°04'01"W, 60.00 feet; Thenqe Northwesterly, 679.18 feet alo a 525.38 foot radius curve, concave Northeasterly, whose 632~86 foot chord Thence N05°51'54'', 6.11 feet to the Southeast Corner of Outlot "B" of Village Green, Part in accordance with the Plat thereof recorded in Plat Book 38, at Page 97, of the of the Johnson County Recorder's Office; Thence S89°57'00"W, along the South Line Outlot "B", 122.06 feet; Thence N00°03'00"W, along the Westerly t~ine of said "B" 84.82 feet; Thence N08°58'49"E, along said Westerly Line, 136.86 f~et; along said Westerly Line, 112.85 feet, to the Northwest Corner 519.73 feet, along the Northerly line of said Village Green, Part XV, and the N Line of Outlot "B" of Village Green, Part XIV, in accordance with the Plat thereof in Plat Book 37, at Page 41, of the Records of the Johnson County Recorder's a 746.66 foot radius curve, concave Northeasterly, whose 509.31 foot chord bears i; Thence Northeasterly, 23.74 feet, along the North Line of Outlot "B", of said Villa and the North Line of Outlot "A" of Village Green, Part XVII, Plat Book 41, at Page 21, of the Records of the Johnson Cou~ Recorder's Off~e, on a 760.00 foot radius curve, concave Northwesterly, whose 23.74 bears N88°4~'22"E, to the Northwest Corner of Lot 49, of Village Green, Part XVII with the' Recorded Plat thereof; Thence S02°11'20"E, along the West Line 136.52 feet, to t~e Point of Beginning. Said Tract of Land contains 6.95 acres, mo~ and is subject to easements and restrictions of record. SECTION II. VARIATIO To encourage the development of 33 attached condominium units on 4 lots and 11 sinl units with condominium units clustered around a pond, accessed by 22-foot wic ~rivate streets, the Planning and Zoning COmmission recommended approval of the rezon in accordance with the OPDH plan. SECTION III. MAP. The Building Inspector is hereby au~orized and directed to change the zoni of the City of Iowa City, to conform to this ame dment upon the final passage, ap and publication of this Ordinance as provided by lawn~° SECTI IV. REPEALER. All ordinance and parts of ordinances i nfiict with the provisk ~f this ordinance are hereby repealed. V. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad led 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 Ordinance No. Page 3 MAYOR ATTEST: CITY CLERK '., Approved by , City Attorney's Office ".,. .\ It was moved by ",, and seconded by /. that the Ordinance as read be adopted, and up&3 roll call there were: AYES: NAYS: ABSENT: "',.. __. ~ '~hampion ~. ' K ner ' ' Leh a .... O'Do ell z: z zPf __. anderho f __. : Wilburn First Consideration Vote for passage: Second Consideration Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: SUB01-00015/REZ01-00014 Date: August 16, 2001 GENERAL INFORMATION: Applicant: Third Street Partners C/o Frantz Construction 325 3rd Street Iowa City, IA Contact Person: Paul Anderson C/o MMS Consultants 1917 Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Requested Action: Rezoning from OPDH-5 and RS-5 to OPDH-5 and approval of revisions to Preliminary Plat of Village Green Parts 19 & 20 Purpose: To allow the development of 44 residential units on 15 lots (33 townhouse-style units and 11 single- family lots) Location: South of Village Road and west of Scott Boulevard Size: 14.07 acres Existing Land Use and Zoning: Undeveloped, OPDH-5 & RS-5 Surrounding Land Use and Zoning: North: Residential and undeveloped, RS-5 South: Residential, OPDH-5 East: Manufactured housing, County RMH West: Residential, RS-5 and QPDH-5 Comprehensive Plan: Residential two to eight units per acre File Date: August 10, 2001 45 Day Limitation Period: September 24, 2001 SPECIAL INFORMATION: Public Utilities: City water and sewer will be provided Public Services: Municipal police and fire protection will be provided, private refuse service will be necessary 2 Transportation: Transit service is available via the Towncrest route on Village Road Sensitive Areas Ordinance: Hydric soils are located on Lots 50, 52, 53 & 54 BACKGROUND INFORMATION: The Village Green area began developing in the mid 1960's as Village Green Part I. Since that time, several subdivisions covering Village Green Pads I to XVII have been approved. The Village Green concept has evolved to be cluster groups of condominiums units around "greens" within loop streets, surrounding a series of ponds. The applicant proposed to continue this concept with the submission and subsequent approval of Preliminary Plat Village Green Parts XVIII-XX in July 2000. The applicant is proposing to revise Parts XIX and XX in order to provide pond frontage to all condominium units. The proposed plat would connect Wintergreen Drive with Village Road, beginning to integrate the Village Green development with the Village Green South development. ANALYSIS: OPDH Design: As stated in the zoning ordinance, the OPDH zone is established to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate, and where modifications of requirements of the underlying zoning are not contrary to the intent and purpose of the zoning ordinance, inconsistent with the Comprehensive Plan, or harmful to the neighborhoods in which they are located. In this case, proposed OPDH design would allow attached housing units on a common lot versus single-family detached units on individual lots. Similar to other phases of Village Green, the purpose of the OPDH zoning is to create an amenity out of a pond, which collects and conveys storm water. The proposed plan has 33 condominium units clustered around a proposed pond, and 11 single- family residential lots fronting on wintergreen Drive. The two proposed private streets are to be 22 feet wide, which is consistent with the Comprehensive Plan policy to encourage narrower local streets to reduce the amount of paving and foster compact design in our neighborhoods. Sidewalks will be located on both sides of the public street, Wintergreen Drive and on one side of the private streets, Lancester Place and Montgomery Place. The private street design is generally consistent with the design concept established in the previous areas of Village Green. Private streets, along which residential units are located, are organized in loops off of public streets. Montgomery Place, a private street, however, terminates at Jennifer Jane Court, which is accessed by North Jamie Lane. Although these are both pubic streets, staff is concerned about this intersection and recommends it be redesigned. The applicant's consultant has said a redesign will be resubmitted prior to the Planning and Zoning Commission meeting. With earlier parts of Village Green, the Planning and Zoning Commission required fencing the ponds. This fence requirement was done in response to concerns expressed by some neighborhood residents. Staff is not recommending a fence be required in this case, nor have fences been required around ponds in other pads of the City. Compatibility with neighborhood: The OPDH plan for lots 50, 51 and 56 is generally consistent with the existing Wellington Condominium development to the north. The previous preliminary plat for this area, which was very similar to this plat, was found to be compliant with the Comprehensive Plan. However, some members of the Planning and Zoning Commission at that time were concerned that the continuation of the condominium development cornpromised the diversity of the neighborhood. This proposed plat amendment wilt not increase the number 3 of condominium units and will reduce by one the single-family lots. Therefore, staff recommends approval of this proposal. However, the diversity of housing within neighborhoods is a goal of the Comprehensive Plan and staff feels that any additional development in Village Green should be of a different housing type and style. The applicant is proposing the same building elevations as approved with the earlier submission of Preliminary Plat Village Green Pads XVIII to XX. These elevations are a slight variation of the existing Wellington Condominium units. Wintergreen Drive will become the transition area from the condominium units to the more single-family and duplex character to the south. Sensitive Area: Because the property contains hydric soils and a stream corridor, a sensitive areas site plan is required. The site plan requires staff approval. A stream corridor in the vicinity of the proposed pond is identified on the Sensitive Areas Inventory Map. However, it appears this "stream corridor" functioned as a drainage swale for past farm fields, and it has been developed and/or modified with previous additions of Village Green and Village Green South. The proposed pond will enhance the drainage in the area by providing an addition area for sediments to settle and water to aerate. Traffic Implications: The density of the overall development is 3.76 units per acre, not including traffic street right-of-way. This is consistent with the densities found in conventional single-family developments, and the traffic generated will be similar to what is found in conventional subdivisions. Traffic from the development will access Scott Boulevard via Wintergreen Drive, or Muscatine Avenue via Village Road. Open Space: The open space requirements have been satisfied with previous pads of Village Green and Village Green South. No new public open space is proposed, and no fees are required. Storm Water Management: Stormwater management requirements were satisfied with previous pads of Village Green. The proposed pond is not part of a city-required storm water management system. However, the proposed pond will improve drainage in the area by providing an additional area for water to aerate and sediments to settle. Utilities: A water main tap-on fee is required at a rate of $395 per acre. A sanitary sewer tap-on fee is required at a rate of $1,698.18 per acre. These fees go toward off-setting the cost to the City to provide water and sewer main extensions to the area. These fees have been paid for the portion of Part XX located north of the previous property line between Village Green and Village Green South, which aligns with the south property line extended from Lot 54. Sanitary Sewer: The design for this development and the proposed pond require the relocation of the existing sanitary sewer from its existing configuration to the proposed Wintergreen Drive right-of-way, Due to the lack of topography and the number of units being proposed, staff recommends the sanitary sewer be upgraded to a minimum of 12" for this development, as well as through portions of Village Green South to a 15" sanitary sewer. Public Works staff has required a sewer analysis to determine if sewer lines larger than 12" is required for this development. Proposed Grading: Some of the proposed grading associated with the preliminary plat, to elevate Wintergreen Drive and Montgomery Place, will affect the adjacent property, owned by Glasgow Williams Real Estate. Glasgow Williams Real Estate has granted a temporary construction easement south of Wintergreen Drive for the purpose of facilitating the installation of these streets. 4 STAFF RECOMMENDATION: Staff recommends that REZ01-00014/SUB01-0015, an application for rezoning from Low Density Single Family (RS-5) and Planned Development Overlay (OPDH-5) to OPDH-5 on 14.07 acres, and a preliminary plat of Village Green, Parts 19 and 20, a 15 lot residential subdivision located between Village Road and Winter Green Drive, be deferred pending the correction of plat deficiencies and discrepancies. The required corrections have been conveyed to the applicant and if completed at the time of review, staff recommends approval. DEFICIENCIES AND DISCREPANCIES: 1. The intersection of Montgomery Place with Jennifer Jane Court needs to be corrected. North Jamie Lane should be extended to a "T" intersection with Montgomery Place as a private street. Montgomery Place should extend with no outlet to access the last three condominiums to the north. 2. Calculations for tap on fees should be corrected. 3. Correction of other items identified by Public Works staff. Public Works staff is completing their final review of the latest plat submittal. ATTACHMENTS: 1. Location map 2. Preliminary plafJOPDH plan Department of Planning and Community Development CITY OF I0TM CITY PARK Balfour ~ ~ce Ploc~ ~- PDH 5 ~ PROCTOR ADOWS BLVD ~ ~ GAMBLE ~ GENERAL MILLS SITE LOCATION: Village Road SUB 01-00015 FILED Preliminary Plat Village Green, Parts XIX -- XX, Iowa City, Iowa Preliminary OPDH--5 Plan for Lots 50--54 & 55-6~]Oi jiiL,~.p, and Sensitive Areas Site Plan '-.,~,~.,~J2'~.~/~."'" WELLINGTON CONDOMINIUMS II ,o,,~.~,,~,o ~,~, --;----~ lq~Z. ...... ~..-:~ NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City, Iowa, will hold a public hearing on the 234 day of October, 2001, at 7:00 p.m. in the Civic Center, Emma 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; to receive comments on plans and specifications for the construction of a universal design single-family home under the Affordable Dream Home Opportunities Program. Copies of the plans and specifications is on file for public examination in the office of the City Clerk, Civic Center, 410 E. Washington St., Iowa City, Iowa. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK hisadnVnph-adhop.doc Universal House Site Second Bath Large lot in established Accessible to visitors neighborhood Tub/shower combination ~, Patio &covered porch Mature trees Other Features Sidewalk ramp to B Street 36 inch wide doors, typical Fits into neighborhood 4 ft. wide corridors 42 inch wide stair to accomodate Floor Plan future stair lift 3-bedrooms Crank-out casement windows Open, flexible plan Electrical outlets & switches Optional office near rear mounted at appropriate height entry for client access Motion sensor exterior lighting Floor coverings that allow easy Entry "rolling" & walking Stepless, covered entries Wall blocking for future installation Good view of entries from of grab bars in halls & bedrooms inside Wiring for future installation of assistance technology Kitchen Scald protection devices at hot Adjustable height sink water fixtures Wall oven Smooth cooktop w/knee space below and tile surround Stow-away cart for transferring items  Accessible storage Haster Bath 5 fr_ turning space Large, curbless shower S i t e P I a n Vanity w/knee space below NORTH Not ~o Scale Decorative grab bars Southeast Elevation I House ; ...... __~ - ,. Southwest Elevation Northwest Elevation I NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR RECREATION AND CIVIC CENTER HVAC AND PLUMBING REPLACEMENT 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 Recreation and Civic Center Plumbing Replacement Project in said City at 7:00 p.m. on the 23rd day of October, 2001, said meeting to be held in the Council Chambers in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARlAN K. KARR, CITY CLERK pweng~rechvacnph.doc 9~99 NOTICE OF PUBLIC HEAR/NG ON INTENTION TO ISSUE REVENUE BONDS (ACT, iNC. PROJECT) Notice is hereby given that a public hearing will be conducted before the City Council of Iowa City, Iowa (the "Issuer"), in Emma J. Harvat Hall of the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:00 p.m. on October 23, 2001, on the proposal to issue not to exceed $40,000,000 aggregate principal amount of the Issuer's Revenue Bonds (the "Bonds"), in one or more series, pursuant to the provisions of Chapter 419 of the Code of Iowa, for the purpose of loaning the proceeds thereof to ACT, Inc., a nonprofit corporation (the "Borrower"), to finance or reimburse original expenditures incurred to pay all or a portion of the cost of (i) constructing and equipping additional research-service facilities at the Borrower's existing complex at the southeast comer of the 1-80 and Highway 1 interchange in Iowa City, Iowa and related site development (the "Project") and (ii) paying related costs, including costs of issuance of the Bonds. The Project will be owned and operated by the Borrower. It is contemplated that a Loan Agreement will be entered into between the Issuer and the Borrower, under which the Issuer would loan to the Borrower the proceeds from the sale of the Bonds in return for loan payments from the Borrower sufficient to pay the principal of, and interest and premium, if any, on such Bonds as the same shall become due. Such Bonds, if issued, and the interest thereon, will be payable solely out of the revenues derived from the Loan Agreement and shall never constitute an indebtedness of the Issuer within the meaning of any state constitutional provision or statutory limitation, and will not constitute or give rise to a pecuniary liability of the Issuer or a charge against its general credit or its taxing powers. All local residents who appear at the heating shall be given an opportunity to express their views for or against the proposal to issue the Bonds, and at the heating, or any adjournment thereof, the City Council of the Issuer shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. By Order of the City Council. Madan K. Karr, City Clerk PWESTEMEYERX295114\1\10714065 Publish 10/10 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PROPOSED AMENDMENT OF THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN FOR THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which commences at 7:00 o'clock P.M. on October 23, 2001 in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa to consider adoption of a proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan (the "Plan") concerning an area in Iowa City, Iowa legally described as follows: Original Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south fight-of- way line of Court Street; thence in a northerly direction along said centerline to the intersection of said cente~ine and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northe~y fight-of- way line of Washington Street; thence in a weste~y direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the noahwest corner of College Street and Capitol Street; thence in a weste~y direction along the north right-of- way of College Street to the east line of the Cedar Rapids-Iowa City Railway fight- of-way; thence in a southerly direction along the said Railway fight-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the noah fight-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of- way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. which land is included as part of the City-University Project I (Project No. IA R-14) Urban Renewal Plan area (the "City-University Project I (Project No. IA R-14) Urban Renewal Area"). A copy of the Amended Urban Renewal Plan is on file for public inspection in the office of the City Clerk, Emma J. Harvat Hall, Civic Center, Iowa City, Iowa. The City of Iowa City, Iowa is the local public agency which, if such Amendment to the Plan is approved, shall undertake the urban renewal activities described in such Plan and Amendment. The general scope of the urban renewal activities under consideration in the Amended Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. The general scope of the urban renewal activities under consideration in the Plan is to rehabilitate, conserve and redevelop land, buildings and other improvements within such area so as to improve the community through the establishment of effective land use controls, through use of an effective program of rehabilitation of existing buildings and elimination of those structures which cannot be economically rehabilitated, with a limited amount of acquisition, clearance, resale and improvement of land for various purposes specified in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the Plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvements, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. The proposed Amendment to the Plan would set forth and include within the Plan the 2001 Additional Urban Renewal Area described as follows: 2001 Additional Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of- way line of Court Street; thence in a northerly direction along said centedine to the intersection of said centerline and the centedine of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along the westerly fight-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said fight-of-way line and the easterly right-of-way line of Gilbert Street; thence southerly along the easterly fight-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right- of-way line of Prentiss Street extended; thence westerly along the southerly right- of-way line of Prentiss Street to the intersection of said right-of-way line and the easte~y fight-of-way line of Linn Street; thence northerly along the easte~y fight- of-way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeaste~y along Ralston Creek to the intersection of Ralston Creek and the westerly tight-of-way line of Maiden Lane; thence northerly along the weste~y tight-of-way line of Maiden Lane to the intersection of said tight-of-way and the southe~y right-of-way line of Court Street; thence westerly along said line to the point of beginning. This Notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such heating. Dated this 10th day of October, 2001. Matian K. Karr, City Clerk I 10-23-01 I Council Member then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBiNATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AN AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN AND PLAN AREA THEREFOR" and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION NO. RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING AN AMENDMENT TO THE CITY-UNIVERSITY PROJECT I (PROJECT NO. IA R-14) URBAN RENEWAL PLAN AND PLAN AREA THEREFOR WHEREAS, by Resolution No. 01-201 adopted September 25, 2001, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa la~v, and approved and adopted the Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan of the City of Iowa City, Iowa (the "Plan") for the Urban Renewal Area described as follows: 2001 Additional Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right- of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said right-of-way line and the easterly right-of-way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right-of-way line of Prentiss Street extended; thence westerly along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of-way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right-of-way line of Court Street; thence westerly along said line to the point of beginning. WHEREAS, a proposed Amendment to the Plan has been prepared, which proposed Amendment is on file in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to set forth and include within the Plan to modify certain goals and actions permissible under the Plan, to provide for tax increment financing and to add certain land to the Plan Area; and WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Plan; WHEREAS, the Iowa statutes require the City Council to submit the proposed Amendment to the City-University Project I (Project No. IA R~14) Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its -4- conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and WHEREAS, adoption of Amendment to the City University Project I (Project No. IA R-14) Urban Renewal Plan has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, by resolution adopted on September 25,2001, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the David Schoon, Economic Development Coordinator filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press-Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Amendment to the City-University Project I (Project No. IA R-14) Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. -5- NOW, THEREFOE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the Plan and the Amendment thereto concerning the area of the City of Iowa City, Iowa described in the preamble hereof, be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area. Section 2. This Council further finds: a. A feasible method exits for the location of families who will be displaced from the Amended City-University Project I (Project No. IA R-14) Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b. The Plan and Amendment to the Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan of the City of Iowa City, Iowa, conform to the general plan for the development of the City as a whole; and c. As to those areas of open land included within the Amended City- University Project I (Project No. IA R-14) Urban Renewal Area to be acquired by the City: i. With reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: A. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. B. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or ~velfare. -6- C. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii. With reference to those portions thereof which are to be developed for non-residential uses, the City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Amended City-University Project I (Project No. IA R-14) Urban Renewal Area is contains a blighted area (the "Original Urban Renewal Plan Area") as determined by Resolution 2157, adopted October 2, 1969, and an economic development area (the "2001 Additional Urban Renewal Area") within the meaning of Iowa Code Chapter 403; that such combined area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa, and that the rehabilitation, conservation, redevelopmeat, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan of the City of Iowa City, Iowa be and the same is hereby approved and adopted as an Urban Renewal Plan for the City of Iowa City, Iowa, and the City Clerk is hereby directed to file a certified copy of said Amended Plan with the proceedings of this meeting. Section 5. That the Plan, as so amended, for the Amended City-University Project I (Project No. IA R-14) Urban Renewal Area shall be in full force and effect from the date of this Resolution until the later of the date of termination set forth in the Plan as so amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by la~v. Section 6. That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment thereto, as well as Resolution No. 2157 previously adopted by this City Council on October 2, 1969, be and the same are hereby ratified, confirmed and approved in all respects. PASSED AND APPROVED this day of ,2001. Mayor ATTEST: City Clerk PGOODRICHx294935\I\10714068 -8- CIG~3 9/91 CERTIFICATE STATE OF IOWA ) )SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may he stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of ,2001. City Clerk, Iowa City, Io~va SEAL PGOODRICll\2941~45\I07140(~8 Amended City-University Project l Urban Renewal Plan Project No. IA R-14 Iowa City, IA 2001 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions · Clearance and Development · Improvements to Historic and Non-Historic Structures. · Public Improvements and Facilities · Financial Incentives Section 5 - Conformance with Land Use Policy and Zoning Ordinance . Comprehensive Plan · Current Zoning · Initiation and Duration of Land-use Provision and Requirements · Applicability of Land-Use Objectives, Provisions and Requirements to Real Property not to be Acquired. · Current and Proposed Land Uses Section 6 - Project Proposal · Land Acquisition · Rehabilitation and Conservation · Redeveloper's Requirements · Underground Utilities Section 7 - Relocation of Families · Benefits · Eligibility Section 8 - Current Debt and Proposed Indebtedness · List of Current General Obligation Debt · Current Constitutional Debt Limit of the City of Iowa City · Proposed Amount of Indebtedness Section 9 - Other Provisions Necessary to Meet State & Local Requirements Section 10 - Procedures for Changes in Approved Plan Addendure No. 1 - Legal Description Addendum No. 2 - City-University Project I Urban Renewal Project Area Map Addendure No. 3 -Land Acquisition Plan Map Addendure No. 4 -Land Disposition Plan Map u:\files~downtown\cdbd\urban renewal plan\city university project i urban renewal ptan,doc 2 Section I - Introduction The City-University Project I Urban Renewal Plan ("Urban Renewal Plan") was originally adopted in 1969 because at that time the continued stability and vitality of the heart of Iowa City as the center for business, governmental, institutional and cultural activities was endangered by blight, deterioration and obsolescence. The City of Iowa City carries on the original intent of the Urban Renewal Plan, by working on a second phase of renewal to ensure the stability and vitality of Iowa City's heart through actions to prevent blight, deterioration and obsolescence and by taking action to foster economic development in the community's central area. Though many objectives of the Plan as originally adopted have been met, many of the original objectives are still relevant today. The Urban Renewal Plan as now being amended in 2001 provides the necessary framework and tools to guide the second phase of downtown renewal, which now includes all of the central business district area as well as all of the area identified as the central business support area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 2001 Code of Iowa, as amended. Section 2 - Urban Renewal Plan Objectives The following objectives have been established for the redevelopment and rehabilitation of the City-University Project: a. To eliminate substandard buildings blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the core area for commerce, culture, education, entertainment, government, and recreation. c. To strengthen the economic well-being of the downtown area and the City by increasing commercial activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible groupings so as to enhance their efficiency of operation and economic inter-relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilitation. f. To provide safe, efficient and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal p[an.doc 3 h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking and delivery areas, and internal pedestrian linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike. j. To improve the appearance of buildings, right-of-way and open spaces, and to encourage high standards of design. k. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. I. To provide for residential development within the project area, in order to enhance housing opportunities, in downtown Iowa City. m. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. n. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural and/or historic significance. o. To preserve and protect buildings that for reasons of age, history, architecture or significance are listed or are eligible for listing on the National Register of Historic Places. Section 3 - Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. I - Legal Description. The location and general boundaries of the City-University Project I Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: City-University Project I Urban Renewal Project Area. Section 4 - Proposed Urban Renewal Actions Proposed renewal action will consist of a combination of clearance and redevelopment, rehabilitation of historic structures, provision of public facilities and improvements, and financial incentives for qualifying businesses. Clearance ~nd Development Property identified on the Land Acquisition Plan Map, Addendure 3, attached hereto and made part hereof, may be acquired by the City, cleared of all improvements and either (1) sold or leased for private redevelopment, or (2) sold, leased or dedicated for construction of public improvements or facilities. Properties are identified for acquisition, clearance and redevelopment for one of the following reasons: u:\~les~downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 4 (1) To remove buildings which are structurally substandard, (2) To remove buildings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to the following: (a) Inadequate street layout (b) Incompatible uses or land-use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facilities. Such sites and facilities shall be do located as to meet projected needs, and shall be designed to enhance the downtown area as a whole. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such buildings will take place only when the objective of this Urban Renewal Plan cannot be met through rehabilitation. Improvements to Historic and Non-Historic Structures Historic Structures. Rans and specifications for proposed exterior renovations to historic or architecturally significant structures must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for tax increment financing. New construction that requires the demolition of structures identified in this Urban Renewal Plan as historic and/or architecturally significant is no__t eligible for either tax increment financing or the exclusion from property taxation during construction. All rehabilitation to histodc or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set fodh in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Non-Historic Structures, In order for an eligible project to qualify for tax increment financing, the exterior design for all rehabilitation, additions, and new construction of non-historic structures that require a building permit or sign permit must be submitted to the Iowa City Design Review Committee for review and approval. u:\~les\downtown\cdbd~urban renewal plan~city university project i urban renewal ptan,doc 5 Public Improvements and Facilities The entire Urban Renewal Plan area will be adequately served by public improvements and facilities including: (1) Installation of new street improvements, utilities. parking facilities, sidewalks, landscaping and other physical features necessary to serve and improve the Project Area. (2) Provisions for achieving high standards of design construction and improvements consistent with the design and development objectives of this Urban Renewal Plan. Financial Incentives Tax Increment Financinq. At the City Council's discretion, and as permitted by Iowa Code, Chapter 403.19, tax increment financing may be available for providing direct grants, forgivable loans, or property tax rebates for qualifying businesses in the Urban Renewal Area. The funds from the direct grants, forgivable loans, or property tax rebates may be used for, but are not limited to, financing the private site improvements such as site improvements, new building construction, building expansions, building rehabilitations, fac~ade improvements, or interior buildouts. Qualifying projects shall be determined by the City Council. The Council's determination shall consider the financial assistance guidelines outlined in Addendum A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Exclusion from Property Taxation Durinq Construction Process. At the City Council's discretion, and as permitted by Iowa Code, Chapter 403.6, Subsection 18, qualifying projects may be eligible for the exclusion from taxation of value added to real estate during the process of construction for development or redevelopment. The value added during the construction shall not be eligible for exclusion from taxation for more than two years and the exclusion shall not be applied to a facility which has been more than eighty percent completed as of the most recent date of assessment. This subsection permits the elimination only of those taxes which are levied against assessments made during the construction of the development or redevelopment. Qualifying projects shall be determined by the City Council. The Council's determination shall consider the financial assistance guidelines outlined in Addendure A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City". Section 5 - Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is part of the area identified in the 1997 Iowa City Comprehensive Plan as part of the downtown planning district. The Comprehensive Plan identifies five economic well-being goals. To achieve one of the community's goals, the Comprehensive Plan lists as a strategy to continue and enhance downtown revitalization. This strategy has been more specifically carried out through the actions outlined in the Downtown Strategy and Proposed Action Plan, 1997, and through the Near Southside Neighborhood Redevelopment Plan, January 1992. u:\files~downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 6 Current Zoning Three development areas comprise the Plan Area (identified on the Land-Use Plan Map, Addendum 2). The current zoning within each of these areas is as follows: Area 1 :Central Business District Core. Area I contains two zoning classifications: Central Business (CB-10) Zone & Public (P) Zone. The Central Business Zone is intended to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City. Because of the proximity to the University of Iowa, residential development above the ground floor in this district is allowed as a provisional use. Development and redevelopment of this Zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrianways. The Zone is intended to accommodate a wide range of retail, service, office, and residential uses. Auto-oriented uses are not permitted except as otherwise provided. Consolidated off-street loading and service facilities should be provided wherever practical with access provided from public service alleys or courts. It is intended that off-street parking facilities be publicly provided and off-street accessory parking be allowed only as a special exception. For specific information on allowed uses and other zoning requirements in the Central Business Zone see the Iowa City Zoning Ordinance. The Public Zone is intended to provide reference to public uses of land on the Zoning Map. Land owned or otherwise controlled by the Federal government, the State, the County, the City and the Iowa City Community School District will be designated a Public Zone. This designation serves a notice function to those owning or buying land in proximity to the publicly owned land, which is not ordinarily subject to the regulations of the Zoning Ordinance. For specific information on allowed uses and other zoning requirements in the Public Zone see the Iowa City Zoning Ordinance. Area 2: Central Business Support Area. Area 2 contains two zoning classifications. This area is predominately zoned Central Business (CB-5) Support Zone, while a smaller portion is zoned High Density Multi-Family Residential (RM-44) Zone. The Central Business Support Zone is intended to allow for the orderly expansion of the Central Business District of Iowa City, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas and to enhance the pedestrian orientation of the central area of the City. This Zone is intended to accommodate mixed land uses and requires a lesser intensity of use than that permitted in the CB-10 Zone. The mixture of land uses permitted in this Zone requires special consideration of building and site design. To control traffic and provide for the most efficient use of land and parking facilities, special consideration of the amount and location of parking areas is also required. To encourage developments which contain features providing a public benefit, a bonus in floor area ratio or dwelling unit density may be granted. For specific information on allowed uses and other zoning requirements in the Central Business Zone see the Iowa City Zoning Ordinance. The High Density Multi-Family Residential Zone is intended to establish areas for the development of high density multi-family dwellings and group living quarters. This Zone shall be located near an arterial street for proper access. Due to the different types of uses u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 7 permitted in the Zone, careful attention to site design and development is expected to assure that all uses are mutually compatible. For specific information on allowed uses and other zoning requirements in the High Density Multi-Family Residential Zone see the Iowa City Zoning Ordinance. Area 3: University Area. Area 3 contains two zoning classifications. This area is predominately zoned Public (P) Zone, while a very small portion is zoned Central Business Service (CB-2) Zone. Regarding the Public Zone description, please see the description under Area 1. The Central Business Service Zone is intended to allow for the orderly expansion of the Central Business District and to act as a transition between the intense land uses located in the Central Business District and adjoining areas. For specific information on allowed uses and other zoning requirements in the Central Business Service Zone see the Iowa City Zoning Ordinance. Additional Controls and Obiectives. Three development areas comprise the Plan Area (identified on the Land-Use Plan Map, Addendum 2). Additional controls and objectives for each development area include: Area 1: Central Business District Core The development of this area should: · Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. · Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. · Improve the attractiveness and convenience of the shopping environment. · Provide a public plaza in the heart of the Central Business District Core, which serves as an identifiable civic symbol and focal point and functions as a center for pedestrian movement. · Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale and quality of materials and surfaces. · Provide for at least one department store to serve as primary retail generator. · Provide for publicly owned off-street parking facilities. · Provide for specialty retail and service uses orientated to the pedestrian -ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. · Prohibit any new off-street parking unless granted by special exception, and in that event, for accessory parking only. u:~files~owntown\cdbd\urban renewal plan%city university project i urban renewal plan.doc 8 · Provide for a floor area ratio of up to ten times the development area. · Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened public service alleys or courts. · Allow for one or two hotel-conference centers designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. · Provide for the development of an expanded public library along College Street between Linn and Dubuque Streets. · Provide for a 800+ seat live performance space. · Provide the necessary mechanisms to preserve and protect buildings that for reasons of age, history, architecture, or significance are listed or are eligible for listing on the National Register of Historic Places. · Provide for public art, including such items as murals, sculptures, and other works of art. · Improve access to businesses and the area for persons with disabilities. · Provide supportive business development facilities that create an environment for existing and new businesses to succeed. Area 2: Central Business Support Area The development of this area should: · Provide for the orderly expansion of the central business district by permitting such activities as retail, office, and multi-family residential uses · Provide space for structured parking to meet the long-term parking needs for employers, employees, residents, and customers; such parking to be in proper relationship to Burlington Street and the established traffic pattern, so as to divert traffic from residential streets. · Provide for consolidation of off-street loading and service facilities wherever practicable; access to be provided from screened public or private alleys. · Allow for one hotel-conference center designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. · Provide for a floor area ratio of up to five times the development area. · Provide the necessary mechanisms to preserve and protect buildings that for reasons of age, history, architecture, or significance are listed or are eligible for listing on the National Register of Historic Places. u:\~les~downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 9 · Provide for public art, including such items as murals, sculptures, and other works of art. · Improve access to businesses and the area for persons with disabilities. · Provide supportive business development facilities that create an environment for existing and new businesses to succeed. Area 3: University Area The development of this area should: · Provides sites for the orderly establishment and expansion of The University of Iowa, including but not limited to classrooms, research facilities, faculty offices, academic support facilities such as libraries, museums, student and administrative offices, and auxiliary facilities such as off-street parking, physical plant, and services facilities. Initiation and Duration of Land-Use Provision and Requirements The above-stated land-use objectives, provisions and requirements shall be in full force and effect for a period 25 years from the date of original City Council approval of the Urban Renewal Plan and shall automatically extend for five year periods thereafter, unless changed by the City Council. Applicability of Land-Use Objectives, Provisions and Requirements to Real Property not to be Acquired Every effort will be made by the City of Iowa City to apply the above land-use objectives, provisions, and requirements to real property not to be acquired. These objectives, provisions, and requirements shall be applicable to property in the urban renewal area that is not designated for acquisition but is acquired in conjunction with a designated acquisition parcel. Current and Proposed Land Uses The entire area is developed and is used for the following types of uses: commercial (including office and retail), residential, off-street private and public parking, not-for-profit, governmental, and religious uses. The proposed land uses shall be consistent with the zoning of the Urban Renewal Area. u:\files\downtown\cdbd\urban renewa[ plan\city university project i urban renewal plan.doc 10 Section 6 - Project Proposal Land Acquisition Property Proposed to be Acquired. The real property to be acquired in the City-University Project area is identified on Land Acquisition Plan Map, Addendum 3. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buildings, other than buildings which are structurally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout (b) Incompatible uses or land-use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facilities in proper relationship to the project demand for such facilities and in accordance with accepted design criteria for such facilities. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Acquisition of such basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met thought rehabilitation. (5) To purchase vacant land in order to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of this Urban Renewal Plan. Conditions Under Which Property not Desic~nated for Acquisition may be Acquired. Property not designated for acquisition may be acquired by the City of Iowa City if such property is not made to conform to the Urban Renewal Plan and local codes and ordinances, or if the acquisition of such property is necessary for one or more of the purposes set forth in the "Land Acquisition" section of this Urban Renewal Plan. Conditions Under Which Property Identified to be Acquired may be Exempted from Acquisition. Properties presently designated for acquisition in the Urban Renewal Plan and which are not otherwise necessary to accomplish the objectives of this Urban Renewal Plan may be exempted from acquisition by the City of Iowa City if the owner or owners enter into suitable agreements with the City demonstrating conclusively that the proposed redevelopment of such u:\files~downtown\cdbd~urban renewal plan~dty university project i urban renewal plan.doc 11 a property, or the rehabilitation of the building situated thereon, conforms in all respects with the design objectives and land-use provisions of this Urban Renewal Plan. Properties presently designated for acquisition in the Urban Renewal Plan may be deleted at any time, without entering into any agreement with the owner(s), if such deletion is determined by the City Council to be in the best interest of the Project. Rehabilitation and Conservation The Urban Renewal Plan has set forth specific planning proposals which will improve the environment in the Project Area and encourage the physical rehabilitation of buildings designated to remain. A continuous and vigilant enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of iowa will be in effect and in force within the City-University Project Area (Iowa R-14). Redeveloper's Requirements The Redeveloper will be required by contractual agreement to observe the land-use and building requirements and general design objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provision, standards, and criteria for achieving the objectives and requirements outlined in the Urban Renewal Plan. The City of Iowa City will select redevelopers on the basis of their proposals, their ability to carry out such proposals, and the conformance of the proposals to the Urban Renewal Plan. This may be through fixed price offerings, minimum price offering, or by other means which, in the determination of the City of iowa City, will best assure the attainment of the development and design objectives of this Urban Renewal Plan, in accordance with State law. Disposition documents will provide for achieving the unified development and maintenance of common areas, service access, walks, utilities, and driveways. in addition the following provisions will be included in each Agreement: a. That the Redeveloper will submit to the City of Iowa City a plan and schedule for the proposed development. b. That the purchase of the land is for the purpose of redevelopment and not for speculation. c. That the land will be built upon and improved in conformity with the objectives and the provision of the Urban Renewal Plan. d. That the construction of improvements will be commenced and completed within a reasonable time. e. That the Redeveloper and successor or assign agree that there will be no discrimination against any person or group of persons on account of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation, in the sale, u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan,doc 12 lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, nor will the Redeveloper, or anyone claiming under or through the Redeveloper, establish or permit such practice or practices of discrimination or segregation with reference to the selection, leases, sublease, or vendees premises therein conveyed. Underground Utilities Existing and proposed utility distribution lines shall be placed underground wherever feasible. Section 7 - Relocation of Families The City has considered provisions for the relocation of persons, including families, and others who could be displaced as a result of improvements to be made in this Urban Renewal Area. Upon such consideration, the following shall be provided under this Urban Renewal Plan: Benefits Qualified tenants in this Urban Renewal Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner due to actions take under this Urban Renewal Plan. A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within this Urban Renewal Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months pdor to the City's adoption of this Urban Renewal Plan. There are no relocation provisions made for displacement from commercial units. u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan,doc 13 Section 8 - Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obliqation Debt by Issue 6-30-01 Issue Original Final Principal Date Amount Interest Rates Maturity Outstandinq Notes 1991 $2,340,000 5.4%-5.6% 6/02 $225,000 (1) 1992 4,870,000 4.45%-5.50% 6/02 490,000 (2) 1992 3,450,000 4.75%-5.20% 6/07 1,680,000 (3) 1994 7,370,000 4.6%-4.7% 6/04 2,175,000 (4) 1995 8,500,000 4.8%-5.125% 6~07 4,240,000 (5) 1996 6,100,000 3.6%-5.5% 6/15 5,000,000 (6) 1997 5,200,000 4.5%-4.7% 6/07 3,100,000 1997 5,540,000 4,875%-5.0% 6/17 4,700,000 (7) 1998 6,500,000 4.35%-4.75% 6/13 6,775,000 1999 9,000,000 4.125-4.75% 6/18 8,075,000 2000 14,310,000 4.375-5.50% 6/18 13,605,000 2001 11,500,000 4.00-4.90% 6/16 11,500,000 Total $61,565,000 (1) 9.40% abated by sewer revenues. (2) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (3) 100% abated by parking revenue. (4) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (5) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (6) 72.89% abated by water revenues. (7) 100% abated by water revenues. Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: '?ndebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness.' u:\files~downtown~cdbd\urban renewal plan\dry university project i urban renewal plan.doc 14 Debt Limit Computation As July 1, 2001 Total Assessed Actual Valuation $2,852,283,890 Legal Debt Limit of 5% of 2001 Assessed Actual Value $142,614,195 Debt Chargeable Against Limit $61,565,000 Legal Debt Limit Available $81,049,195 Proposed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Given the uncertainty of the needs of future development projects within the Urban Renewal Area, the proposed amount of indebtedness is difficult to determine at this time. The proposed amount of indebtedness to be incurred, including loans, advances, indebtedness, or bonds which qualify could equal as much as $20 million over the life of the Urban Renewal Plan. u:\files\downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 15 Section 9 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 2001 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: Resolution setting dates of a consultation and a public hearing on a proposed amendment to the Urban Renewal Plan. * A resolution setting dates of a consultation and public hearing on a proposed amendment to the Urban Renewal Plan was adopted by the City Council on September 25, 2001. Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1997 on December 2001 Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1997 * The Planning and Zoning Commission recommendation was forwarded to the City Council on October 23, 2001 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on October 4, 2001. The notice was hand delivered or mailed by regular mail on September 27, 2001. Provision Representatives of the affected taxing districts may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were not received from the affected taxing districts by October 11, 2001, which was seven days following the date of the consultation. \~citynt\dschoon$\files~downtown\cdbd\urban renewal plan\city university project i urban renewal plan.doc 16 On October 16, 2001, at least seven days prior to the public hearing on the * urban renewal plan, the representative of the municipality did not need to submit a written response to the affected taxing entities because the affected taxing districts did not submit written recommendations regarding the proposed division of revenue. Provision: A public hearing on the on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal Plan document pursuant to state law was held on October 23, 2001. The public notice was published October 10, 2001, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for relocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1997. * The plan includes a feasible method for relocating families. On ,2001, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1997, the adopted general plan for the municipality. Section 10 - Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undertaking other required actions in conformance with applicable state and local laws, \\citynt\dschoon$%files\downtown\cdbd\urban renewal plan\dty university project i urban renewal plan.doc 17 Addendure No. 1 Legal Description of the Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centedine to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way of Capital Street to the northwest corner of College Street and Capitol Street; thence in a westerly direction along the north right-of-way of College Street to the east line of the Cedar Rapids-Iowa City Railway right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way of Burlington Street to the Iowa River; thence in a southerly direction along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning; AND Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said centerline and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersection of said centerline and the westerly right-of- way line of Clinton Street extended; thence northerly along the westerly right-of-way line of Clinton Street to the intersection of said right-of-way line and the northerly right-of-way line of Iowa Avenue extended; thence easterly along the northerly right-of-way line of Iowa Avenue to the intersection of said right-of-way line and the easterly right-of-way line of Gilbert Street; thence southerly along the easterly right-of-way line of Gilbert Street to the intersection of said right-of-way line and the southerly right-of-way line of Prentiss Street extended; thence westerly along the southerly right-of-way line of Prentiss Street to the intersection of said right-of-way line and the easterly right-of-way line of Linn Street; thence northerly along the easterly right-of- way line of Linn Street to the intersection of the said right-of-way line and the waterway known as Ralston Creek; thence northeasterly along Ralston Creek to the intersection of Ralston Creek and the westerly right-of-way line of Maiden Lane; thence northerly along the westerly right-of-way line of Maiden Lane to the intersection of said right-of-way and the southerly right- of-way line of Court Street; thence westerly along said line to the point of beginning. u:\files\downtown\cdbd\urban renewal plan\dry university project i urban renewal plan.doc 18 Addendum No. 2 City-University Project Urban Renewal Project Area Map P ~- , ......... % ........~?:~?~ !:.:''~::~ ....."':" · ,-..~: ...~:.ca ~.~ . .' ~ .::~,. , ~..,...,,. ,...:,... ~ Urban renewal area bounda~ I , I Area 2, Central Business District core ~ Area 2, Central Business suppo~ area ~ Area 3, University area Addendum No. 3 Land Acquisition Plan I~lap /~ ~ Q JEFFERSON :, UNIVERSITY OF IOWA IOWA r Z P4 © P~ :~IOP I 10~ ~ 1.5~ COURT ST HARRISON ST Z J . Z O O O ~ Z PRENTISS ST E I ~ Urban renewal area bounda~ ~: :::,::,.:x::.~q Acquisition parcels Addendum No. 4 Land Disposition Plan Map JEFFERSON UNIVERSITY OF IOWA IOWA Z%Ld WASHINGTON BURLINGTON ¢ ~'4 ~ 93' 103 ~ 164 COURT ST COUN~ POST 2 ~ COURTHOUSE OFFICE HARRISON ST b Z j i Z D O O i' O a Z ~ JAIL ~ _" Z'~ ~ -, ] ~' PRENTISS ST a Urban renewal area bounda~ ~ Disposition panels City of Iowa City M MORANDUM Date: October 17, 2001 To: City Council a~~~l~~ From: David Schoon, Economic Development Coordin Re: Amendments to the City-University Project I Urban Renewal Plan On October 23, the City Council will be holding a public hearing on proposed amendments to the City-University Project I Urban Renewal Plan and Plan Area. Since the Council set the public hearing on September 25, the Planning and Zoning Commission have reviewed the Plan and a consultation was scheduled with affected taxing entities. Planning and Zoning Commission Recommendation Since the setting of the public hearing on the urban renewal plan, the Planning and Zoning Commission has met and reviewed the urban renewal plan for its conformity with the Comprehensive Plan. The Commission's written recommendation is attached. Consultation with Affected Taxing Entities Affected taxing entities were invited to a consultation on October 4, 2001, to discuss the proposed amendments to the Plan. The formal consultation was to provide the affected taxing entities the oppodunity to ask questions regarding the urban renewal plan, and more specifically the use of tax increment financing. No representatives from the affected taxing entities attended the consultation. Prior to the consultation, the superintendent for the school district informed me by phone that they would not be sending a representative to the consultation and that the school district had no comments at that time. After the scheduled time of the consultation, I spoke with the chair of the Board of Supervisors to confirm that the County had received the consultation notice. He indicated that they had, but did not feel a need to attend or comment on the amendments to the urban renewal plan. A representative from Kirkwood Community College did not attend the consultation. In the past, Kirkwood has not sent representatives to these consultations. The Code of Iowa outlines a process by which the affected taxing entities may provide written recommendations regarding the division of revenue (tax increment financing). Each of the entities has been notified of that process. As of the date of this memo, neither the County, the School District, nor Kirkwood Community College have provided written recommendations regarding the division of revenue. Conflicts of Interest Due to Property Ownership Attached is a memo from Sarah Holecek, First Assistant City Attorney, regarding whether ownership of property within an area to be designated an urban renewal area creates a conflict of interest that disqualifies a council member from voting on the area designation. \\citynfidschoon$\FILES\DOWNTOWN\CDBD\Urban Renewal Plan\cc1023.DOC City of Iowa City MEMORANDUM Date: October 4, 2001 To: City Council From: Ann Bovberg, Chair Planning and Zoning Commission Re: Planning and Zoning Commission Review of the Amendments to the City-University Project I (Project No. IA R-14) Urban Renewal Plan At its regular meeting of October 4, 2001, the Planning and Zoning Commission reviewed the Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan for its conformity with the Iowa City Comprehensive Plan - 1997, which is the general plan for the development of the City of Iowa City as a whole. By a vote of 6-0, the Planning and Zoning Commission found that the Amended City-University Project I (Project No. IA R-14) Urban Renewal Plan conforms with the Iowa City Comprehensive Plan -1997. \\citynt\dschoon$\FILES\DOWNTOWN\CDBD\Urban Renewal Plan\P&Z Memo.doc City of Iowa City MEMORANDUM Date: October 12, 2001 To: City Council From: Sarah E. Holecek, First Assistant City Attorney ~L_- Re: Designation of Urban Renewal Areas: Conflicts of Interest due to Property Ownership A question has arisen as to whether ownership of property within an area to be designated an urban renewal area creates a conflict of interest that disqualifies said property owner from voting on the area designation in their official capacity. (I speak in these general terms to address both members of the Planning and Zoning Commission and City Council who may own property in such areas). First, it must be noted that Iowa's Urban Renewal Law, Chapter 403, contains specific provisions to address personal interests in Urban Renewal matters. These provisions are contained in Iowa Code §403.16, and are more specific than the general prohibitions on personal interests in municipal contracts contained in Chapter 362. The provisions of Section 403.16 prohibit participation in any urban renewal decision "affecting such property" owned by the decision- maker. However, Section 403.16 defines "action affecting such property" as including only that action which directly and specifically affects such property as a separate property, but does not include any action, any benefits of which accrue to the public generally, or which affects all or a substantial portion of the properties included in an urban renewal project. Moreover, Chapter 403's distinction between an urban renewal area and an urban renewal project makes the meaning of the above section even more clear; to be precluded from voting on an urban renewal matter due to a conflict of interest, the actual project contemplated under the urban renewal area designation must directly impact the property owned by the decision-maker. In short, the property must be included within the specific project and thereby be designated for acquisition, redevelopment, demolition, etc. under said project. Mere inclusion of property owned by a decision-makers within an area to be designated as an urban renewal area does NOT create a conflict of interest requiring abstention. However, I note that a decision-maker should disclose on the record their ownership of property within the area to be desiclnated prior to proceedinq. If you have any questions regarding this matter, please feel free to contact me. cc: Marian Karr, City Clerk Steve Arkins, City Manager Eleanor Dilkes, City Attorney Dale Helling, Assistant City Manager Karin Franklin, Director, PCD David Schoon, Economic Development Coordinator sarah\council\urban renewal conflicts via property,mmo