HomeMy WebLinkAbout2001-11-27 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 27th day of November, 2001, in
the Emma J. Harvat Hall, Civic Center, 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 .63 acres from
General Industriai, I-1, to Intensive
Commercial, Cl-1, located on the south
side of Highway 1 West, west of Ruppert
Road.
2) An ordinance to vacate West Benton
Court north of Benton Street.
Copies of the proposed ordinances are on file for
public examination in the office of the City Clerk,
Civic Center, Iowa City, iowa. Persons wishin9
to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARlAN K. KARR, CiTY CLERK
t 1-27-01
5a
Prepared by: Shelley McCafferty. Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00021)
AN ORDINANCE TO REZONE FROM GENERAL INDUSTRIAL (I-1), TO INTENSIVE
COMMERCIAL (C1-1) ON .63 ACRES, LOCATED ON THE SOUTH SIDE OF HIGHWAY 1
WEST, WEST OF RUPPERT ROAD.
WHEREAS, the applicant, Autohaus, Ltd., has requested the said rezoning; and
WHEREAS, the proposed rezoning is compatible with the adjacent Intensive Commercial and
Community Commercial zones, and with the Highway 1 commercial corridor; and
WHEREAS, the size of said property, .63 acres, is too small to provide for uses typically allowed in
the General Industrial zone; and
WHEREAS, lewa Code Section 414.5 (2001) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request over and above existing regulations, in
order to satisfy public needs caused by the requested zoning change; and
WHEREAS, it is a policy of the Iowa City Comprehensive Plan that special care must be given to the
appearance of entranceway corridors as development occurs; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the property is in close proximity to the Iowa City Municipal Airport, and therefore, there
are certain restrictions on the development of the property; and
WHEREAS, the property owners acknowledge that certain conditions and restrictions are reasonable
to ensure appropriate development that helps enhance the appearance of the highway 1 corridor, helps to
minimize traffic and ensures compatibility with present Airport regulations; and
WHEREAS, at its November 1, 2001 meeting, the Planning and Zoning Commission recommended
approval of the proposed rezoning;
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 General Industrial (I-1), to Intensive Commercial (C1-1).
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79 North
Range 6 West of the Fifth Principal Meridian; Thence N00 °51 '23"E, 1157.17 feet along the East Line
of said Southwest Quarter; Thence N89°08'39'~/, 60.00 feet to a point on the East Line of Lot 1
Ruppert Subdivision, Part One, as recorded in Book 27 at Page 15, of the Records of the Johnson
County, Iowa Recorder's Office; Thence S00°51'23'' W, 133.69 feet to the Southeast Corner of said
Lot 1; Thence N89°08'37'', 503.31 feet along the South Line of said Lot 1 to th~ Southwest corner of
said Lot 1; Thence N00°51'23"E, 226.17 feet along the West Line of said Lot 1 to the Point of
Beginning; Thence N49°57'39"W, 280.63 feet; Thence Nodheasterly 184,38 feet along a 2231.90 foot
radius curve, concave Southeasterly, whose 184.33 foot chord bears N72°35'52"E; Thence
N74°57'52"W, 44.17 feet; Thence S00°51'23"W, 7.99 feet to the Northwest Corner of said Lot 1;
Thence S00°51 '23"W, 239.16 feet along the West line of said Lot 1, to the Point of Beginning. Said
Tract of Land contains 27,283 square feet, more or less and is subject to Easements and Restriction
of record.
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 III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed
to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the owner of the property
and the City, following passage and approval of this ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same at the office of the County Recorder of Johnson County, Iowa, all as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,2001.
MAYOR
A'I'I'EST:
CITY CLERK
Approved by
0
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Autohaus, Ltd. (hereina~er "Owner") and the City of Iowa
City, Iowa, a municipal corporation (hereinafter "City"); and
WHEREAS, Owner has requested the City rezone approximately .63 acres located at 809 Highway 1
West from I-1, General Industrial, to C1-1, Intensive Commercial; and
WHEREAS, the proposed rezoning is compatible with adjacent commercial zoning to the east and south,
and with the commercial character of the Highway 1 Corridor; and
WHEREAS, the size of said property, .63 acres, is too small to provide for uses typically allowed in the
General Industrial zone; and
WHEREAS, Iowa Code 414.5 (2001) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs related to the requested zoning change; and
WHEREAS, the City of Iowa City has a policy to preserve and enhance the entrances to the city; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, the approximate .63 acre property is in close proximity to the Iowa City Municipal Airport, and
therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway 1 Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
WHEREAS, Owner and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
' Autohaus, Ltd. Conditional Zoning Agreement
Page 2
WHEREAS, Owner agrees to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained heroin, the Parties agree as
follows:
1. Autohaus, Ltd. is the owner and legal title holder of property located at 809 Highway 1 West and
northwest of the Iowa City Municipal Airport, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of Section 16, Township 79
North Range 6 West of the Fifth Principal Meridian; Thence N00 °51 '23"E, 1157.17 feet along
the East Line of said Southwest Quarter; Thence N89°08'39"W, 60.00 feet to a point on the
East Line of Lot 1 Rupped Subdivision, Part One, as recorded in Book 27 at Page 15, of the
Records of the Johnson County, Iowa Resorder's Office; Thence S00°51 '23" W, 133.69 feet to
the Southeast Comer of said Lot 1; Thence N89°08'37'', 503.31 feet along the South Line of
said Lot 1 to the Southwest corner of said Lot 1; Thence N00°51'23"E, 226.17 feet along the
West Line of said Lot 1 to the Point of Beginning; Thence N49°57'39"W, 280.63 feet; Thence
Northeasterly 184,38 feet along a 2231.90 foot radius curve, concave Southeasterly, whose
184.33 foot chord bears N72°35'52"E; Thence N74°57'52"W, 44.17 feet; Thence
S00°51'23"W, 7.99 feet to the Northwest Comer of said Lot 1; Thence S00°51'23"W, 239.16
feet along the West line of said Lot 1, to the Point of Beginning. Said Tract of Land contains
27,283 square feet, more or less and is subject to Easements and Restriction of record.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to
preserve and enhance entrances to Iowa City. Owners agree and acknowledge that this policy is
reasonable, proper and appropriate under the circumstances.
3. Owner acknowledge that the City's policy concerning entrances governS; this rezoning request
and, therefore, agrees to certain conditions over and above City regulations may be imposed in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entranceway to Iowa City, to
ensure the coordinated development of the above-described land so as to minimize traffic
conflicts and congestion in the area, and to ensure that development on the property complies
with laws and regulations governing development of the property due to its close proximity to the
' Autohaus, Ltd. Conditional Zoning Agreement
Page 3
Iowa City Municipal Airpod, Owner agrees that the development of the subject property will
conform to the following conditions:
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the property shall be through access ddves from adjacent
properties.
b. No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and florists shops, shall occur within 100 feet of the Highway
1 right of way. Storage areas beyond 100 feet of the Highway 1 fight of way shall be
screened from view with a solid wall at least six feet in height, and a landscape bed at
least 15 feet in depth shall be located adjacent to any such wall between the wall and the
Highway 1 dght of way.
c. Loading docks shall not be located on any building wall or other wall facing Highway 1.
Loading docks shall be screened or located so they are obscured from vision from
Highway 1.
d. All parking rows, including those for car or truck sales, shall be terminated with a
landscaped bed nine feet in depth. The landscaped bed shall be planted with parking lot
trees which may count toward the parking lot trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees is found to potentially
penetrate the minimum obstruction clearance height for the Iowa City Municipal Airport.
e. Thero shall be a 30-foot setback from Highway 1 that shall be landscaped with ground
cover. No parking or display of merchandise or paving other than sidewalks shall be
permitted in this 30-foot setback.
f. In order to minimize the potential for a blank wall to face Highway 1, the building wall or
walls facing Highway 1 shall be constructed of masonry, including brick, stone, dressed
concrete block, and/or stucco or like matedal when used in combination with a masonry
finish, or of architectural metal exterior wall materials in combination with a masonry finish.
Alternatively, a minimum of 30% of the building wall shall be window openings or windows
spaced at least every 50 feet along the wall, or other changes in the pattern of the wall
surface may be approved, provided the majority of the wall is masonry or like material, or
· Autohaus, Ltd. Conditional Zoning Agreement
Page 4
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airpod.
5. The Owner agrees that every development proposed on the subject property must submit a
development concept plan to the Department of Planning and Community Development prior to
development. The Director of Planning and Community Development shall review and approve
the concept plan based on the criteria listed herein. The director may approve a concept plan
containing minor modifications to the criteria listed above, provided the modifications satisfy the
intent of the criteria. Decisions of the Director may be appealed to the City Council after review
and a report by the Planning and Zoning Commission.
6. The Owner acknowledges that the conditions contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 (2001), and that said conditions satisfy public needs
which are directly caused by the requested zoning change.
7. In the event that the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this conditional zoning agreement.
8. This conditional zoning agreement shall be deemed to be a covenant running with the land and
with the title to the land, and shall remain in full force and effect as a covenant running with the
title to the land unless or until released of record by the City. The parties further acknowledge that
this agreement shall inure to the benefit of and bind all successors, representatives and assigns of
the parties.
9. 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.
10. 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 City
expense.
' Autohaus, Ltd. Conditional Zoning Agreement
Page 5
Dated this day of ,2001.
' Autohaus, Ltd. Conditional Zoning Agreement
Page 6
CITY OF IOWA CITY
By
Autohaus, Ltd. Ernest W. Lehman, Mayor
Attest:
Madan K. Karr, City Clerk
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this ,~ ? day of '770{/ett/~-, 2001, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Kenneth E. Williamson, to me personally
known, who being by me duly swom, did say that he is the President of the corporation executing
the within and foregoing instrument, that no seal has been procured by the corporation; that said
instrument was signed on behalf of the corporation by authority of its Board of Directors; and that
Kenneth E. Williamson as an officer acknowledge cution of the foregoing instnunent to be
volun dy executed.
t .l .b tateofIowa
Autohaus, Ltd. Conditional Zoning Agreement
Page 7
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council, on the day of
, 2001, and that Ernest W. Lehman and Madan K. Karr acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iow~ City, IA 52240 (319) 356-5243
· CONDITIONAL ZONING AGREEMB
THIS AGREEMENT is made and between Autohaus, Ltd. (hen and the City of Iowa
City, Iowa, and
WHEREAS, Owner has requested City rezone .63 acres located at 809 Highway 1
West from I-1, General Intensive Corn and
WHEREAS, the proposed rezoning commercial zoning to the east and south,
and with the commercial character of the Hk Corridor; and
WHEREAS, the size of said property, ,63 ~ is too small to provide for uses typically allowed in the
General Industrial zone; and
WHEREAS, Iowa Code 414.5 (200 the City of Iowa City may impose reasonable
conditions on granting an ezoning over and above existing regulations, in order to
satisfy public needs related to the r uested zonin e; and
WHEREAS, the City of Iowa C policy to preserve entrances to the city; and
WHEREAS, Highway 1 pdmary entrance to Iowa Cil the southwest; and
WHEREAS, the approxi property is in close proximity to the Iowa City Municipal Airport, and
therefore, there are certain restrictions on the development of the property; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable to ensure
appropriate development, to help ensure development does not detract from the appearance of the
Highway I Corridor, and to ensure development is in compliance with laws and regulations governing the
property due to its close proximity to the Iowa City Municipal Airport; and
WHEREAS, Owner and City acknowledge that similar conditions have been placed on other properties
within the Highway 1 Corridor; and
Autohaus, Ltd. Conditional Zoning Agreement
Page 2
WHEREAS, Owner agrees to use this property in accordance with the terms and conditions of the
Conditional Zoning Agreement to ensure appropriate development of this property.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as
follows:
1. Autohaus, Ltd. is the owner and legal title holder of property located at 809 Highway 1 West and
northwest of the Iowa City Municipal Airport, more particularly described as follows:
Commencing at the Southeast Corner of the 16, Township 79
Nodh Range 9st of the Fifth Principal Meridian 1157.17 feet along
the East Line of ! Southwest Quarter; Thence 60.00 feet to a point on the
East Line of Lot 1 Subdivision, Part [ as recorded in Book 27 at Page 15, of the
Records of the, County, Iowa Office; Thence S00°51 '23" W, 133.69 feet to
the Southeast Lot N89°08'37'', 503.31 feet along the South Line of
said Lot I ; Thence N00°51 '23"E, 226.17 feet along the
West Line of said Lot 1 Thence N49°57'39"W, 280.63 feet; Thence
Nodheasterly 184,38 2231.90 foot radius curve, concave Southeasterly, whose
184.33 foot chord Thence N74°57'52"W, 44.17 feet; Thence
S00°51 '23"W Lot 1; Thence S00°51 '23'M/, 239.16
feet along to the Point of Beginning. Said Tract of Land contains
27,283 square feet, ~ subject to Easements and Restriction of record.
2. The parties that Iowa City a policy, as stated in the Comprehensive Plan, to
preserve and enhan/¢~ entrances to Iowa agree and acknowledge that this policy is
reasonable, proper/and appropriate under th< Jmstances.
/
/
3. Owner acknowledge that the City's policy entrances governs this rezoning request
and, therefore, agrees to certain conditions over above City regulations may be imposed in
order to lesT/en the impact of the development on the s area.
4. In order tt provide for attractive development at the entranceway to Iowa City, to
ensure the coordinated development of the land so as to minimize traffic
conflicts and cengestion in the area, and to ensure that development on the property complies
with laws and regulations governing development of the property due to its close proximity to the
Autohaus, Ltd. Conditional Zoning Agreement
Page 3
Iowa City Municipal Airport, Owner agrees that the development of the subject property will
conform to the following conditions:
a. Any proposed development on the property shall not have direct vehicular access onto
Highway 1. Access to the properly shall be through access drives from adjacent
properties.
b. No outdoor storage of merchandise or material, except for that associated with auto
vehicle sales, plant nurseries and ~odsts shops, Shall occur within 100 feet of the Highway
1 right of way. Storage areas beyond 100 of the Highway 1 right of way shall be
screened from view with a solid wall at six feet in height, and a landscape bed at
least 15 feet in pth shall be located ,~ 5 l to any such wall between the wall and the
c. ~g~T~gk!~ot be n any building wall or other wall facing Highway 1.
Loading docks shall I~e or located so they are obscured from vision from
Highway 1.
d. All parking rows, "'t, hose for car or truck sales, shall be terminated with a
landscaped bed ni ! feet in d~pth. The landscaped bed shall be planted with parking lot
\
trees which ;ount o a d '~he parking lot trees otherwise required by the City.
twr\
Ornamental may be used if ec~leanature height of large trees is found to potentially
penetrate the rance height for the Iowa City Municipal Airport.
//
e. There sha,~ be a 30-foot setback from 'ghway 1 that shall be landscaped with ground
cover. N¢' parking or display of merchan ise or paving other than sidewalks shall be
permittea in this 30-foot setback.
f. In order to minimize the potential for a blank w I to face Highway 1, the building wall or -
wall~-'facing Highway 1 shall be constructed of sonry, including brick, stone, dressed
cor~rete block, and/or stucco or like material whe used in combination with a masonry
spa~d at least eve~ 50 feet along the wall, or other changes in the pattern of the wall
suffa~ may be approved, provided the majori~ of the wall is mason~ or like material, or
Autohaus, Ltd. Conditional Zoning Agreement
Page 4
architectural metal in combination with masonry, with approval of a site plan by the
Director of Planning and Community Development.
g. Any and all development shall comply with all local, state and federal laws and governing
the development of the property due to its close proximity to the Iowa City Municipal
Airport.
5. The Owner agrees that every development proposed on the su/l~ject property must submit a
development concept plan to the Department of Planning and Development prior to
development· The Director of Planning and Community shall review and approve
the concept plan based o e criteria listed herein. rector may approve a concept plan
containing minor modificatio to the criteria listed provided the modifications satisfy the
· ' ' . ~'i~tohn~ i y appealed to the City Council after review
6. The Owner acknowledges that the contained herein are reasonable conditions to
impose on the land under Iowa Code 414.5 and that said conditions satisfy public needs
which are directly caused by change.
7. In the event that the subject i~, transferred, sold, redeveloped, or subdivided, all
,,
redevelopment will conform with the of this conditional zoning agreement·
8. This conditional zoning shall be dee ed to be a covenant running with the land and
with the title to the land, / remain in full f rce and effect as a covenant running with the
title to the land unless or until/eleased of record by e City. The parties further acknowledge that
,,
this agreement shall inure to.jhe benefit of and bind al successors, representatives and assigns of
the parties.
9. Owner acknowledges tha2 nothing in this conditional zon g agreement shall be construed to -
relieve the owner from complying with all applicable local, stat and federal regulations.
the ordinance rezomng t
10. The parties agree tha~ this conditional zoning agreement shall b incorporated by reference into
' e subject property; ' n and publication of the
ordinance, this agree~nent shall be recorded in the Johnson County 'Recorder's Office at City
expense·
Autohaus, Ltd. Conditional Zoning Agreement
Page 5
Dated this day of ,2001.
Autohaus, Ltd. Conditional Zoning Agreement
Page 6
CITY OF IOWA CITY
By
KENNETH E. WILLIAMSON President,
Autohaus, Ltd. Ernest W. Lehman, Mayor
Attest:
Marian K. Karr, City Clerk
STATE OF IOWA ) .
) ss:"
/
COUNTY OF JOHNSON ) /
On this day of ~ ,2001, before me, a Notary Public in and for the
State of Iowa, personally appeared (:;h les W. Ruppert, to me known to be the person who executed the
foregoing instrument and acknowled t he executed the same as his voluntary act and deed.
/
Notary Public in and for the State of Iowa
/
STATE OF IOWA ), ",
)'ss: \
COUNTY OF JOHNSON ) \.
On this day of ,2001, before me, a Notary Public in and for the
State of Iowa, personally appeared Thomas D. Hob rt, to me known to be the person who executed the
foregoing instrument on behalf of Autohaus, Ltd.
Nota ' ' d for the State of Iowa
Autohaus, Ltd. Conditional Zoning Agreement
Page 7
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 2001, before me,
, a Notary Public in and for the State of Iowa, personally appeared
Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf ~f the corporation, by authority of its City Council, as contained in
(Ordinance) (Resolution) No. passed by the City Council, on the day of
, 200', and that Ernest W. Lehman and Marian K. arr acknowledged the
execution of the instrument to J,e their voluntary act and deed and the volu ary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for e State of Iowa
My commission e ~res:
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Shelley McCafferty
Item: REZ01-00021 Date: October 12, 2001
GENERAL INFORMATION:
Applicant: Autohaus, Ltd
Contact Person: Thomas Hobart
122 South Linn Street
Iowa City, IA 52240
Requested Action: Rezoning from I-1 to C1-1
Purpose: Surrounding land is zoned and used for commercial
purposes
Location: 809 Highway 1 West
Size: .63 acres
Existing Land Use and Zoning: I-1 undeveloped
Surrounding Land Use and Zoning: North: Highway 1, RM-44, High Density
Multifamily-undeveloped
Southwest: CC-2 Community Commercial
East: C1-1, Intensive Commercial, auto
dealership
Comprehensive Plan: General Commercial
File Date: September 26, 2001
45-Day Limitation Period: November 10, 2001
BACKGROUND INFORMATION:
The applicant, has requested that .63 acres located at 809 Highway 1 West be rezoned from
General Industrial (I-1) to Intensive Commercial (C1-1). This property is currently undeveloped.
ANALYSIS:
Compliance with Comprehensive Plan: The South Central District Plan recommends mixed-
commercial for the use of this property. The Comprehensive Plan states that as the strip
commercial areas along Highway I are developed and redeveloped, there will be opportunities
to improve the aesthetic and traffic issues in this area.
The Comprehensive Plan also states that "signage which is informative, but unobtrusive is
important...in entrance corridors to the city. improvements within the public right-of-way such
2
as landscaping...and organized access points are impodant to the functioning of the
transpodation corridor and add to the quality of the trip."
Entranceway Issues: It is the City's policy in the Comprehensive Plan that special care must
be given to the appearance of the entranceway corridors as development occurs. Highway 1 is
both a major commercial corridor, and a major entranceway to and through the city. To
implement this policy other rezonings in the area have been conditioned upon entranceway-
related design provisions such as landscaping, screening of outdoor storage, location of loading
docks, and the number of freestanding signs to be permitted. Staff recommends similar
provisions be incorporated into a Conditional Zoning Agreement.
A summary of the provisions contemplated by staff for this property are below:
· The property shall have no direct access to Highway 1.
· No outdoor storage of materials, except associated with auto sales, plant nurseries, and
florist shops shall occur within 100' of the Highway 1 right-of-way. Storage areas beyond
100' shall be screened with a wall at least six feet in height, and a landscaped bed of at
least 15 feet shall be located adjacent to any such wall between the wall and the Highway 1
right-of-way.
· Loading docks shall not be located on any wall facing Highway 1. Loading docks shall be
screened or located so they are obscured from vision along Highway 1.
· All parking rows, including those for care sales, shall be terminated with a landscaped bed a
minimum of nine feet in depth. The landscaped bed shall be planted with parking lot trees,
which may count towards the parking area trees otherwise required by the City.
Ornamental trees may be used if the mature height of large trees is found to potentially
penetrate the minimum obstruction clearance height for the airport.
· No more than one free-standing sign shall be permitted on the property. If signs are to be
illuminated, they shall only be internally illuminated.
Compatibility with neighborhood: This properly is a small remnant of what was originally a
much large General Industrial zone. The majority of the property surrounding this parcel has
been rezoned to Intensive Commercial and Community Commercial. These properties are used
for an auto dealership, and big-box style stores and their associated parking lots. The
requested rezoning of this property would be compatible with the surrounding land uses.
Development of this property for industrial uses as also impractical due to the relatively small
size of the property.
Traffic: There is no direct access from Highway 1 to the property in question. The closest
intersection is at Ruppert Road to the east. Given the high traffic volume of Highway 1, it is not
recommended that access be allowed. Access will have to be from an adjacent property.
STAFF RECOMMENDATION:
Staff recommends that the property located at 809 Highway 1 West be rezoned from General
Industrial (I-1) to Intensive Commercial (C1-1) subject to Conditional Zoning Agreement which
addresses entranceway aesthetics and access control to Highway 1.
3
ATTACHMENTS:
1. Location map
2. Applicant's statement as to why the zone change is warranted.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
TlpcdlshelleylREZO1-OO211staff
APPLICANT'S STATMENT AS TO WHY ZONING CHANGE IS WARRANTED
Applicant believes that the zoning change is warranted because this small parcel of real
estate is the only real estate in the area zoned I-l. The rest of the real estate is CI-I. The uses in
the area are compatible with commercial rather than industrial use.
CITY OF IO A CITY
M~LLER ~ i DOUGLASS ST
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SITE LOCATION: Highway 1 REZ01-O0021
'1t-27-0'~
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (VAC01-O0003)
ORDINANCE NO.
AN ORDINANCE VACATING WEST BENTON COURT NORTH OF BENTON STREET
WHEREAS, the City of Iowa City has received a request from Oaknoll Retirement
Residence to vacate West Benton Court, approximately 15,577 square feet of public right-of-
way north of Benton Street; and
WHEREAS, Oaknoll Retirement Residence owns all properties abutting West Benton
Court; and
WHEREAS, vacating West Benton Court will not interfere with access to or from any other
property, nor will it interfere with traffic circulation in the neighborhood; and
WHEREAS, necessary utility and emergency vehicle easements will be obtained.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION. The City of Iowa City hereby vacates the right-of-way legally
described as follows:
All of West Benton Court as shown on the plat of Streb's First Addition to Iowa City, Iowa, plat
recorded in Plat Book 4, Page 401 at the Johnson County Recorder's Office, containing 15,577
square feet more or less.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final iDassage,
approval and publication, as provided by law.
Passed and aiDproved this __ day of ,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City~~;' #t//~/~ ~
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: VAC01-00003 W. Benton Court Date: October 18, 2001
GENERAL INFORMATION:
Applicant: Oaknoll Retirement Residence
Attn: Pat Heiden Ringam
701 Oaknoll Drive
Iowa City, IA 52246
Phone: 351-1720
Applicant's Attorney: Bob Downer
Meardon, Sueppel, & Downer P.L.C.
122 S. Linn Street
Iowa City, IA 52240
Phone: 338-9222
Requested Action: Vacation of West Benton Court
Purpose: To allow for the private use of Benton Court by
Oaknoll Retirement Residence.
Location: West Benton Court, west of Benton Street
Size: 50 x 311.5 feet, or approx. 15,575 square feet
Existing Land Use and Zoning: Street right-of-way
Surrounding Land Use and Zoning: North: Retirement residence; RM-44
South: Residential; RS-5
East: Retirement residence; RM-44
West: Residential; RS-5
Comprehensive Plan: Residential, 16-24 units per acre
File Date: August 20, 2001 - additional information received
September 27, 2001
BACKGROUND INFORMATION:
The applicant, Oaknoll Retirement Residence, has applied for the vacation of West Benton Court,
a public street north of Benton Street. Oaknoll is currently planning to construct an addition to the
existing Oaknoll facility at the north end of Benton Court that will encroach approximately 30 feet
into the Benton Court right-of-way on the north end. For this reason, Oaknoll is applying for the
vacation of West Benton Court.
2
A few years ago the Planning and Zoning Commission and City Council approved the rezoning of
the properties on the west side of Benton Court to Low Density Multi-Family Residential (RM-12)
in anticipation of the future expansion of Oaknoll to the west side of Benton Court. There was
discussion at that time that staff and the Commission would not look favorably on vacating Benton
Court until Oaknoll owned all the properties on the west side as well as the east side of the street.
Oaknoll now owns all the preperties on both sides of Benton Court.
ANALYSIS:
Vacation of street right-of-way should not be considered if it will result in limiting access to
another properly, if it would inhibit fire or emergency vehicle access, or if it would inhibit utility
vehicle access.
In the short term, if West Benton Court were vacated, it would be transformed from a public street
to a private drive. Because Oaknoll owns all the properties that front on the street, there is no
potential for abuse of access rights by restricting access to another property. Staff recommends
that if Benton Court is vacated, a fire and emergency vehicle access easement be obtained to
ensure continued access by emergency vehicles.
Utilities
The applicant notes that there is City water main and sanitary sewer in the Benton Court right-
of-way, as well as gas and overhead electric, owned by MidAmerican Energy. The applicant
desires to have the public utilities continue to be public until Oaknoll expands and Benton Court
is redesigned, at which point they will become private service lines. Utility easements will be
obtained for these utilities if Benton Court is vacated.
Non-conforming lots
One issue that has been identified by staff as being a consequence of vacating the street is that
the lots on the west side of Benton Court will become non-conforming because they will no
longer front on a public street. Expansion of the homes on individual lots would not be
permitted. Oaknoll can resolve this issue by dissolving the lot lines through the use of an
auditors plat, resulting in multiple units on one lot fronting on Benton Street. Because Oaknoll
hopes to expand the Oaknoll facility to the west side of Benton Court in the long term, staff
does not feel the non-conformity issue is a significant issue.
Conveyance
As has been our practice, staff recommends that the vacation of Benton Court be subject to the
conveyance to Oaknoll happening concurrently with the vacation. This will eliminate the
potential for the right-of-way to be vacated without having been conveyed to Oaknoll. Oaknoll
will be required to purchase the right-of-way from the City.
Future Development
Oaknoll has submitted a concept plan that shows potential redevelopment of this area. It should
be noted that approval of this vacation does not indicate approval of the concept plan. Any future
3
redevelopment of properties owned by Oaknoll will need to conform to zoning and site plan
requirements that exist at the time.
STAFF RECOMMENDATION:
Staff recommends that VAC01-00003, a request to vacate Benton Court west of Benton Street,
be approved, subject the conveyance occurring concurrently with the vacation, and necessary
utility and emergency vehicle easements being obtained.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
CITY OF IO~A CITY
MARIETTA ~ ~ ~......
TOWER COURT ~
ROOSEVELT
' ~ HARRLOCKE
SITE LOCATION: West Benton Court VAC01-00003
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 13th day of November,
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 changing the zoning
designation from RM-44, High Density Multi-
Family Residential, to RM-20, Medium Density
Multi-Family Residential, for approximately 1.38
acres of property located at 1045-1075 W.
Benton Street.
2.) An ordinance changing the zoning
designation from Medium Density Single Family
(RS-8) to Historic Preservation Overlay (RS-
8/OHP) for properties within the Longfellow
neighborhood to designate the Longfellow
Historic District.
3.) An ordinance changing the zoning
designation from Medium Density Single Family
(RS-8) to Conservation District Overlay (RS-
8/OCD) for properties within the Longfellow
neighborhood to designate the Clark Street
Conservation District.
4.) An ordinance changing the zoning
designation from Medium Density Single Family
(RS-8) to Conservation District Overlay (RS-
8/OCD) for properties within the Longfellow
neighborhood to designate the Dearborn Street
Conservation District.
5.) An ordinance vacating 11,800 square feet
of undeveloped Kirkwood Avenue right-of-way
located south of the Church of Christ parking lot
at 1320 Kirkwood Avenue.
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
To: City Council of Iowa City
Planning and Community Development Staff of Iowa City
Planning and Zoning Commission
From: Judith Klink and the Weeber/Harlocke Neighborhood
Subject: Dropping Rezoning Request of Cox Property
After discussions with Westcott Partners, developers of the Cox
Property on Benton Street, we have agreed to drop our request for
rezoning. The details of our agreement are in the enclosed document
signed by Mr. Bender of Westcott Partners and five people in the
neighborhood. We are very pleased that Westcott Partners were
willing to redesign their site plan and have pledged a "spirit of
cooperation" in completing the project.
We wish to thank the City Council, City Staff and the Planning
and Zoning Commission for their willingness to hear the issues and
their overall helpfulness.
We also wish to thank the Staff for drafting and the City Council
for unanimously passing the moratorium on building in our area until
the Southwest District Planning Process is completed. We hope that
there is ultimately a mutually agreeable conclusion about the
development and zoning in our area.
~P. Klink
1101 Harlocke Street
Iowa City, IA 52246
November 26, 2001
AGREEMENT
This agreement is between Westcott Parmers LLP (Heroin referred to as
Partners) and Judith Klink and the Weeber/Harlocke Neighborhood (Herein
referred to as Neighbors).
Whereas the parties have agreed to the following items in regard to a 48 unit
apartment project being built by the Partners known as Benton Villa located
at 1045-75 West Benton, Iowa City, IA.
The Partners agree to the following:
1. To construct their second submitted site plan (dated 11/02/01)
consisting of 48 units of 2 eighteen unit buildings and one 12
unit building placing a parking lot on the southwest comer of
the site.
2. To install a 6' high wooden fence with the smooth side facing
south, along the south side of the property. The placement of
the fence shall be an adequate distance north of the existing
trees, so as not to endanger the life of said trees.
3. To install a 6' fence along the west side of the property with the
smooth side facing west. The fence shall be installed on the lot
line. Parmers shall place a tree on subject property close to the
southwest comer.
4. Lighting: Partners agree to minimize lighting to prevent glare
to the neighborhood especially to the southwest comer. The
parties understand and agree the lighting in common areas of
the project must conform with the city standards and
specifications.
5. Landscaping: Landscaping plan shall meet or exceed all city
requirements for a major site plan.
6.Fire escape/Secondary Access: these shall meet the approval
of Karen Franklin in the Planning and Zoning Department.
7. Water ranoff: this shall meet the approval of Mr. Foss
Planning and Zoning Department.
Judith Klink and the Weeber/Harlock Neighborhood agree to the following:
1. To withdraw the petition that was filed with 20% of the property owners within
200' of tile property objecting to the major site plan which required the review of
the Planning and zoning Department.
2. To withdraw the application to down zone said property from RM44 to RM20 and
to make no further objections to said project.
If this agreement is not signed by the parties by 5:00PM November 21,2001, it shall
become null an void.
The Parttiers and Neighbors agree to use the spirit of cooperation in completing this
project to its final stage.
Wcstcott Partners
~at~
Follow-through statement after November i Planning
and Zoning Commission Meeting:
If the revised site plan satisfies the Weeber-Harlocke
Neighborhood Association in regards to location of buildings,
drainage, lighting, dumpsters, fences, landscaping, buffers
and transition to the adjacent homes and neighborhood, I
am prepared to withdraw my rezoning request in regards to
the Cox property on Benton Street. We need a minimum of
five days to review the revised site plan and give our written
approval to it'after it is approved by the City Planning
Department.
Because of the appearance of the new site plan
proposal, we request deferral of the discussion of our
rezoning request until the November 15 Planning and Zoning
Commission Meeting.
' Judith Klink
November 2, 2001
Copies to John Yapp, Planning and Community Development Department
and Jim Anderson, Coldwell Banker Real Estate
HOUGHTON LAW OFFICE
216 STEVENS DRIVE
P.O. BOX 1147
IOWA CITY, IOWA 52244
JAMES D. HOUGHTON TELEPHONE
hloffice~qwest.net (319) 341-0641
FACSIMILE
(319) 341~1681
October 18, 2001
City of Iowa City
Planning and Zoning Commission
410 East Washington Street .~_7-~ .~.
Iowa City, Iowa 52240 ~' c:~
Re: Rezoning Item - REZOI-O0020 - Rezoning of Clark & Shirley Cox property
Dear Commission Members:
I am writing this letter on behalf of Clark and Shirley Cox in connection with the proposed
rezoning of property they own at 1045 - 1075 West Benton Street, Iowa City, Iowa from RM-44
to RM20. The proposed rezoning was initiated by people that live in the vicinity and was not
initiated by Clark or Shirley Cox, the Iowa City Planning Commission or the Iowa City Council.
Clark and Shirley strongly oppose the proposed rezoning and have filed a protest of
rezoning which I believe has been forwarded on to each of you.
I will try to outline the position of Clark and Shirley in detail. However, I will be at the
meeting to answer any questions that the Commission may have relating to items set forth in this
letter or otherwise. Please consider the following:
1) Clark and Shirley purchased the property approximately 42 years ago. At the
time the property was purchased I believe it was located in the County.
Shortly after the purchase Clark and Shirley began construction of the multi-
family dwellings that are currently located on the property.
2) It is my understanding that the property was annexed during the construction
phase or shortly thereafter.
3) The property came into the City R3A-multi-family zone (the near equivalency
of RM-44) or was rezoned shortly thereafter.
4) The property has been zoned R3A-multi-family zone or RM-44 for
approximately 40 years.
5) Property taxes have been paid on the property based on this high density
zoning for the entire 40 years.
6) Clark and Shirley have relied on this zoning and over the last two years have
anticipated that the multi-family structures that they own on the property
would be demolished and the property be sold to be developed under the RM-
44 zoning ordinance.
7) In anticipation of this plan and in reliance on the zoning the apartments have
not been renovated and have gradually been taken off the rental market in
anticipation that the buildings would be demolished for redevelopment.
8) Negotiations began in mid-summer of 2001 with Westcott Parmers regarding
the demolition of the property, sale of the property and redevelopment of the
property pursuant to the current zoning.
9) Clark and Shirley relied on the current zoning and a transaction was put
together with Westcott Parmers. Clark and Shirley did not rent any
apartments this fall and have kept the building empty in anticipation of
demolition and the transaction with Westcott Partners.
10) The RM-44 ground that is being proposed to be rezoned has been the "nest
egg" for the retirement of Clark and Shirley. For some time now they have
anticipated that the ground would be sold and the proceeds would be the bulk
of their retirement income.
11) It is my understanding that the property in question borders RM-44 zoning on
the noah, RM-44 zoning on the east, RM-44 zoning on the south and RS-5
zoning on the west. Furthermore the property does not abut Harlock Street so
there would be no legal access on to Harlock Street. This means the property
will be entirely serviced by Benton Street as shown on the site plan and will
not have access through Harlock or Weeber Streets.
12) Perhaps in the best of all worlds it would be preferable to have transitional
zoning everywhere in Iowa City. However, I believe that rezoning the
property RM-20 does not meet transition zoning as traditionally used in Iowa
City. However, this issue is within the expertise of the Staff and I am not so
presumptuous as to speak for the Staff. In this situation I believe the best way
to handle the transition is through screening requirements as worked out
between the Staff and Westcott Partners.
13) Since the property has been rezoned for intense multi-family use for
approximately 40 years it should not be a surprise to anyone who has moved
into the neighborhood in the last 40 years that this property or any other
property zoned RM-44 means that the property can be developed at a high
density or redeveloped at a high density.
14) I believe a number of positive things can be said about the proposed
development.
a) The current zoning allows for the building of approximately 60
units and the developer is proposing the building of 48 units.
Page 2 of 3
Although physically putting 60 units on the property has challenges
it certainly can be done from a practical stand point with parking
beneath the building and outside the building as we have seen in
many buildings near the downtown area. This would be high or
maximum density. Instead, the proposal is at 80% of maximum
density under RM-44.
b) The existing buildings are out dated and physically obsolete, in
large part because Clark and Shirley have intended for some time
now to have the buildings demolished and realized the property
would be redeveloped.
c) The proposal of Westcott Parmers will provide modern, attractive
and affordable housing.
d) Clark and Shirley have been paying taxes on RM-44 ground for
over 40 years. However, the tax base will greatly increase under
the proposed development which will increase the City's tax
revenue.
e) In-fill development is a better use of the property under existing
zoning rather than looking to new areas which can or may lead to
urban install.
In summary, Clark and Shirley Cox strongly object to any rezoning of the property. Clark
and Shirley have owned the property for approximately 40 years and the property has been zoned
for high density and multi-family living for approximately 40 years and they have relied on this
zoning in making future plans. Clark and Shirley have already been damaged in that they have
not rented units over the last several years and have completely taken the building off of the rental
market in the last year in reliance on the current zoning ordinance. Thus they have received no
rents, but continue to pay property taxes based on RM-44 zoning. After owning the property for
approximately 40 years Clark and Shirley should have the right or reasonable expectation that the
zoning would not be changed at the time of sale.
I apologize for the length of this letter. I respectfully request that the Commission
consider all of the issues involved in down zoning this property and the repercussions.
I would be more than happy to answer any additional questions you may have at the
meeting.
~Y~ughton
JDH/ccr
cc: Clark and Shirley Cox
John Yapp
Page 3 of 3
HOUGHTON LAW OFFICE
2 16 STEVENS DRIVE
P,O, BOX 1147
IOWA CITY, IOWA 52244
JAMES D. HOUGHTON TELEPHONE
h]of~ce@qwest.net (319) 341-0641
FACSIMILE
(319) 341-0681
November 1, 2001
City of Iowa City
Planning and Zoning Commission
410 East Washington Street
Iowa City, Iowa 52240
Re: Rezoning Item - REZOI-O0020 - Rezoning of Clark & Shirley Cox properO~
Dear Commission Members:
I am again writing on behalf of Clark and Shirley Cox in connection with the proposed
rezoning of the property they own at 1045 - 1075 West Benton Street, Iowa City, Iowa from RM-
44 to RM-20.
I previously wrote a rather lengthy letter to the Commission on October 18, 2001. I do not
intend to repeat items that were in that letter and would simply ask that you review the prior letter,
and consider the following additional comments:
1. I believe that a comment was made at the last meeting on behalf of the neighbors
indicating that current parking of cars in the Cox apartment lot was evidence of a
parking problem in the area. Since the building is empty Clark and Shirley encourage
others to park in the lot for security purposes.
2. I believe one ofthe neighbors responded to my comment as to anyone in town being
able to request the rezoning of another's property under the current scenario. I believe
a neighbor made a comment something to the effect: "Mr. Houghton, you are
perfectly welcome to rezone my property RM-44 and buy it". Such comments
indicate to me that perhaps at least one neighbor and maybe more would be in favor of
RM-44 if they could make money on the transaction. This seems inconsistent to me as
to the basic premis of the neighbors.
3. A statement was made by one of the neighbors at the last meeting indicating that City
Council sent this to the Planning and Zoning Commission because they thought it was
something that the Planning and Zoning Commission should consider. Perhaps the
City Council did believe the Planning and Zoning Commission should consider it, but
the Council was required based upon actions of the neighbors to put the matter on the
Planning and Zoning Commission Agenda or not put the matter on the Planning and
Zoning Commission. The owner and the developer chose to weigh options at that time
and let the rezoning be discussed at the Commission level rather than have the Council
In Re: Clark and Shirley Cox
November 1, 2001
Page 2 of 2
make a determination as to whether it should or should not be put on the agenda. In
other words, the Council had a choice of putting the matter on the Commission agenda
or not doing it. The owner and developer agreed that the issue did not need to be
addressed at the Council level and waived any objection at that time of it being sent to
the Commission level.
4. There has been a lot of discussion of the devaluation of neighboring properties. Please
consider the owner of the property and the following:
a) Clark and Shirley did not ask for a rezoning.
b) A down-zoning of the Cox property would devalue the property
significantly.
c) In reliance on the zoning the Clarks have gradually not rented units and
completely stopped renting units this fall. Thus, they have lost income
from rent, but continued to pay RM-44 property taxes and other expenses
in connection with owning the property.
In summary, Clark and Shirley oppose the rezoning of the property pursuant to the reasons
set forth in my October 18, 2001 letter and this letter. Furthermore, Clark and Shirley have
already suffered damages by choosing to not rent the building based on the current zoning and
will suffer a significant loss in value or damages if the property is down-zoned in addition to
damages already incurred.
Objections to zoning should not be a last minute challenge. If neighbors have an objection
I would encourage a proactive approach much earlier in the process. The transition zoning issue
should have been addressed when the property to the west was zoned RS-5. A reasonable
transitional zone could have been mestablished at that time. Forty years of zoning at a certain
density is a long time. If an owner can not rely on that I think the whole concept of zoning should
be re-examined.
Please accept my letter dated October 18, 2001 and this letter as part of the public record
for any further legal action that might be taken.
Finally, Clark and Shirley reserve their right to challenge the legality of the right of any
person to request that another person's property be rezoned.
JDH/ccr
cc: Clark and Shirley Cox
John Yapp
1
STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: REZ01-00020 1045-1075 Benton St. Date: October 18, 2001
GENERAL INFORMATION:
Applicant: Judith P. Klink
1101 Harlocke Street
Iowa City, IA 52246
Phone: 351-4342
Property Owner: Clark Cox
830 Hudson Avenue
Iowa City, IA 52246
Requested Action: Rezoning of property from High Density Multi-
Family Residential, RM-44, to Medium Density
Multi-Family Residential, RM-20.
Purpose: To reduce the permitted density on the property
Location: 1045-1075 Benton Street
Size: 1.38 acres
Existing Land Use and Zoning: Multi-family residential; RM-44
Surrounding Land Use and Zoning: North: Retirement residence; RM-44
South: MuFti-family residential; RM--44
East: Multi-family residential; RM-44
West: Single-family residential; RS-5
Comprehensive Plan: 16-24 units per acre
File Date: September 24, 2001
45 Day Limitation Period: November 8, 2001
BACKGROUND:
The applicant, Judith Klink, 1101 Harlocke Street, has applied for a rezoning from High
Density Multi-Family Residential (RM-44) to Medium Density Multi-Family Residential (RM-
20) for property located at 1045-1075 Benton Street. This property was annexed into Iowa
City in the late 1950's. It has been zoned for multi-family development at a density of
approximately 44 units per acre since it was annexed. In 1983 the zoning ordinance and
zoning map were updated. Many properties and neighborhoods were rezoned at that time.
This property was not rezoned at that time, and remains zoned at High Density Multi-Family,
RM*44.
2
According to representatives of the properly owner, the existing 16 multi family units (two 8-
unit buildings) on the property have been there for approximately 40 years. The impetus for
the applicant submitting this down-zoning application is that a redevelopment project
submitted by Westcott Partners has been proposed for the property, to demolish the old
dwellings and replace them with four 12-unit buildings, 48 units in total.
Also on the Commission's agenda is a review of the major site plan of the redevelopment
project. The review of the site plan and the rezoning application are two separate items, and
require two different types of analysis. The review of the site plan is much more objective,
i.e. the Commission should determine whether the site plan meets City Code or it doesn't.
The analysis of the rezoning application should be whether the RM-44 zoning is appropriate
at this location, given the numerous factors (including but not limited to appropriate
infrastructure, traffic issues, location, etc.) that enter into the Commissions decision. While it
may be difficult to separate the rezoning analysis from the design of the site plan, the
Commission should base it's deliberations on the rezoning on what zone is appropriate at
this location, considering the numerous factors involved.
ANALYSIS:
Zoning Densities
The RM-44 zone allows I unit for every 1,000 square feet, or about 44 units per acre. Up to
5 unrelated people are permitted to reside in each unit in the RM-44 zone. Due to parking
requirements, height requirements, setback requirements, etc. this density is rarely
accomplished on smaller lots, and can generally only be approached by constructing
structured, underground parking.
The RM-20 zone allows I unit for every 1,800 square feet, or about 24 units per acre. Up to 5
unrelated people are also permitted to reside in each unit in the RM-20 zone.
Presumption of validity of zoning
At the beginning of the zoning analysis, staff assumes that there is some 'presumption of
validity' of the existing zoning. When this property was annexed, the City determined that
High Density Multi-Family Residential was the appropriate density for this zone. This part of
the Benton Street corridor has developed with high density multi-family uses. There must be
a compelling reason to change the rights granted by the current zoning.
Comprehensive Plan and the location of High Density Multi-family zones
The Comprehensive Plan identifies the south side of Benton Street in this area as
appropriate for 16-24 units per acre. Prior to the mid 1990's, the Comprehensive Plan
showed this property, as well as other properties on the south side of Benton Street, as
appropriate for higher density residential, 25+ units per acre, and that is how the area has
developed. In the mid-1990's many of the properties in this neighborhood, primarily the
undeveloped properties east of Hadocke Street, were proposed for rezoning along with an
amendment to the Comprehensive Plan. The Comprehensive Plan map was changed, but
the properties were never rezoned.
3
There are policies in the Comprehensive Plan that indicate this property has qualities that are
suitable for high density multi-family development. In general, high density multi-family
development should be located adjacent to arterial streets at the edges of the neighborhood,
with access to the public transit system, within walking distance of major destination points,
and not in areas that will have negative environmental impacts. This property has these
characteristics. It has frontage on and direct access to Benton Street, is on a public transit
line, is within walking distance from the University of Iowa campus, and does not contain any
sensitive environmental areas.
Transition between Single Family and Multi Family zonings
As noted by the applicant in the written statement, ideally there should be some kind of
transition or buffer between single family and multi-family zonings. The applicant notes that
there should be a step-down in zoning from high-density to medium*density to single-family.
Other ways to create transitions or buffers between different land uses, that the City has
worked with developers to use in recent years, is to use open space or making use of natural
features such as stream corridors to create a buffer. It is a basic principal of zoning to have
transitions between high intensity and low intensity land uses.
In this case, there is no transition, natural or contrived, between the multi-family and single-
family zonings. It is with the redevelopment proposal of the subject property that the lack of
a transition becomes more evident.
Staff is concerned that downzoning the property to RM-20 may not result in any improved
buffer of transition. The setback requirements for the RM-44 zone are the same as in RM-
20, and in fact the RM-12 zone as well. Similarly, the zoning of the property does not control
the placement of the buildings. Rezoning the property to RM-20 or even RM-12 will not
necessarily result in any difference in the placement of the buildings on the property, the
amount of paving on the properly, nor the buffer area around the property.
The one dimensional factor that does change if the property were rezoned is the building
coverage requirements. Because building coverage requirements increase as the zoning
density decreases, more of the lot could be covered by buildings if the lot were down-zoned.
Buildinq Coveraqe maximums
RM-44: 40%
RM-20: 45%
RM-12: 50%
The biggest impact that downzoning the property would have is that fewer dwelling units
could be constructed. However, there may be an incentive for more bedrooms per unit to be
constructed if fewer units are allowed than would be permitted in the RM-44 zone, resulting
in similar densities of people on the site under either the RM-44 or RM-20 designation.
Traffic Issues
Benton Street: The access point for the RM-44 zoned property is on to Benton Street, an
arterial street. The sight distance onto Benton Street at this location is adequate at this
location. According to the City's Comprehensive Plan, it is appropriate to locate higher
densities along arterial streets so the traffic associated with the higher densities will not have
4
to travel through the neighborhood to get to the arterial street system. There is an existing
public transit line on Benton Street. There is not a high collision rate in this segment of
Benton Street (over a 20-month period in 2000 and 2001, there was one recorded accident
at Benton Court, and three at Oaknoll Drive).
Summary
There is a lack of transition between the multi-family and single-family zones at this location.
It is usual zoning practice to include or require buffering or transitions between high intensity
and low intensity land uses. Staff finds that the strongest argument for downzoning this
property is due to the lack of transition.
However, downzoning the property to RM-20 is not likely to improve the situation. The
setback, screening, and parking requirements are the same under the RM-20 zone as the
RM-44 zone. The biggest difference in the zones is that fewer units are permitted under the
RM-20 zone than the RM-44 zone. The building placement, areas of paving, etc. can be the
same under the RM-20 zone as the RM-44 zone. The property would need to be rezoned to
a single-family zone in order to ensure a significant change to the character of the eventual
development of the property.
Finally, the property has characteristics that are desired for high density multi-family
properties. It has direct access to Benton Street, an arterial street. It has access to the
public transit system. It is located close to a major employment and education center. It
does not contain any sensitive environmental features. Certainly, this is not to state that all
properties with these characteristics should be zoned high density multi-family, but in this
case, the fact that the existing zoning, High Density Multi-Family, has been in place for this
property since it was annexed over forty years ago is a consideration.
Given that the zoning on the property has been High Density Multi-Family, RM*44, since it
was annexed, and the fact that the property does contain many of the characteristics desired
for high-density multi-family development, coupled with the fact that downzoning to RM-20
may not improve the transition to single-family properties, staff finds it diffficult to support
downzoning the property.
STAFF RECOMMENDATION:
Staff recommends that REZ00020, a request to rezone 1.38 acres from High Density Multi-
Family, RM-44, to Medium Density Mu~ti-Family, RM-20, for property located at 1045-1075
Benton Street, be denied.
ATTACHMENTS:
1. Location map
2. Statement from applicant
Approved by: ~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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S~T~ ~OC~T~ON: 1045-75 West BentonStreet REZ01-00020
APPLICANT'S STATEMENT IN SUPPORT OF ZONING CHANGE
The property in question lies between Benton Street to the
north and Harlocke Street to the south. It is bounded by Hillsboro
West Apartments to the east; by Oaknoll Retirement residence and
Seville Apartments to the north across Benton Street; by two single
family residences on the west, 1101 West Benton and 1100 Harlocke
Street; and by an 8-plex (906 Harlocke Street) on the south.
Harlocke Street curves at the southwest corner of this property - at
this corner, the property is within a few feet of Harlocke Street - but
the southeast corner of the property is a few feet behind the
eightplex, with the eightplex coming between it and Harlocke Street
(now curving south). The triangular bit of property beside the
eightplex (probably 1/16 of an acre or less) is now a grassy area with
several mature trees. At the moment that grassy field extends to the
present two 12-plex apartments which occupy just the front half of the
property.
The present zoning for the area we have just described is
RM44; it is directly adjacent to the RS5 single family homes which
extend west from those apartments on West Benton Street and west
on Harlocke Street. Our home, 1101 Harlocke, is also on the
boundary line between RS5 and RM44, as is 1100 Harlocke. We are
directly beside the eightplex on 905 Harlocke.. (Our house, by the
way, was built around 1910, and was the first in'the "Weeber '::
Addition" development which now stretches over Harlocke, Weeber,
and Weeber Circle Streets. It is the "Weeber farmhouse" and was
moved to its present location in the 60's from across the street.~n _~
other words, it used to be at the top of Benton Hill where the tv~
green and white12-plexes - scheduled for demolition - now ar__eT) -~
The neighborhood has no "barrier" between the RM44 o~'_ffi.~
east and our RS5 homes except the present lower half of the _~6~Sert~
across the street from us at 1101 Harlocke and the extensive
plantings we maintain between our house and the 905 Harlocke
apartments and other plantings and fences of neighbors to the south
of us. The characteristics which have helped to maintain the
residential nature of our area are the turn in Harlocke Street and the
green space across the street from us. If the proposed apartment
buildings are constructed, there will be four huge 3 story high
buildings acting as barriers almost directly on the property lines,
directly beside 11 O0 Harlocke's driveway and house and directly
beside 1101 Benton's driveway and house and a few feet behind the
8-plex at 906 Harlocke. The rest of the property is slated to be a
parking lot for 80 cars.
My husband and I are requesting a downzoning from RM44 to
RM20 on behalf of ourselves and our neighborhood to help maintain
the character of our residential neighborhood. We do not know why
these two areas were zoned so inconsistently in the past. We have
been told that the preferred method in city planning is to provide for
stepped down zoning, say from RM44 to RM20 to RS8 to RS5. We
are asking for just RM20 in the hopes that the development can be
redesigned and scaled down and set back from the property lines,
especially on the south, so that the neighborhood's integrity will not
be radically altered. The houses at 1101 Benton and 1100 Harlocke
will be very adversely impacted if they are next to high density
buildings; the entire view of Harlocke Street when driving up on it
from Weeber will also be most unatttractively altered. The present
apartments on this property on Benton Street have been there for
many years; more apartments to replace them is not an unreasonable
use of the land, but building to the maximum allowable density, which
this proposal intends to do, on a small plot in what should be a
transitional area is very objectionable. The present apartments have
in effect served as a downzoning for at least 40 years. Downzoning
this property will be more consistent with normal city zoning practices.
Downzoning will help maintain the character of the
neighborhood. When an adjacent area is overcrowded and filled with
vehicles and lit for 24 hours a day and full of the activity generated by
a projected 80 occupants, it is bound to decrease the attractiveness
of a neighborhood and to discourage potential buyers and to r~ in
a decline of the economic well being of the area. The current pl~a~s
do not even respect the set-back of the established homes on :? ~:~ =- ~"
Harlocke. ~5
We therefore request that the Benton Villa property be
downzoned from RM44 to RM20.
Attached are a zoning map of the area including designation of
the property, a legal description of the property (which we copied
from the Benton Villa proposal legal description) and a list of names
and addresses of the property owners within 300 feet of the property,
which we have identified to the best of our ability with the help of a
tape measure and the city accessor's office.
Our neighborhood is also objecting to the proposed site
alteration consisting of the building of 4 12 unit apartment buildings
by submitting petitions with notarized signatures. The signees, who
live within 200 feet of the property, are familiar with the situation
described above, and agree with us.
September 24, 2001
City of Iowa City
MEMORANDUM
Date: September 25, 2001
To: Julie Tallman, Development Regulation Specialist
From: Jeff Davidson, Transportation Planner ~ ~f/
Re: Proposed Benton Villa project; summary of traffic impacts
At your request I have examined the major site plan for the proposed Benton Villa multi-family
housing complex located on West Benton Street. I have the following comments to offer
pertaining to the traffic impact of the proposed project.
Access Point Location
The proposed project would use the existing access point onto West Benton Street. Sight
distance is adequate from this location. The proliferation of access points along this portion of
Benton Street is undesirable but there is-virtually nothing that can be done to improve the
situation at this time. The only other opportunity for access to the Benton Villa site is at the
southwest corner of the property onto Harlocke Street; it is not clear to me from the plan how
much frontage is available. In any event, this would be an undesirable access point location
because of the impacts to the Harlocke-Weeber residential neighborhood. Access should
continue to be provided from the existing access point to West Benton Street.
West Benton Street Traffic Capacity
· - Existing traffic volume on this segment of West Benton Street is in the vicinity of 11,000 to
12,000 vehicles per day. The Level of Service D capacity of a two-lane undivided arterial without
turn lanes in an area of mixed single-family and multi-family zoning is approximately 10,900
- vehicles per day, so existing traffic volume on West Benton Street is slightly over capacity. This
volume-to-capacity ratio (slightly over 1.0) typically results in the conditions that I believe are
'present on West Benton Street: there is adequate traffic service during the majority of the day,
but during the peak a.m. and p.m. traffic periods there are increased levels of delay and
congestion. These are exacerbated in this segment of West Benton Street because of the
proliferation of driveways along the corridor; yielding left turning vehicles disrupt the threugh
traffic stream.
The proposed 48 dwelling unit project will potentially generate 288 vehicle trips per day (6
vehicle trips per dwelling unit). The former 16-unit complex genereted approximately 96 vehicle
trips per day. The potential increase from the Benton Villa project is 192 vehicle trips per day, or
slightly less than a 2% increase in traffic volume on West Benton Street. Our arterial street
traffic analysis model contemplates a traffic increase in the short-range (10-year) future on this
segment of Benton Street of approximately 5%. This may seem fairly modest, but I believe it is
reasonable given that the model assumes the extension of Mormon Trek Boulevard around the
airport and acress the river to Gilbed Street during this time period, and this will moderate the
rate of traffic grewth on Benton Street.
The issues related to improvement of West Benton Street are well documented. Twice in the
last 15 years the City has proposed major reconstruction of West Benton Street between
Riverside Drive and Oaknoll Drive to increase the traffic carrying capacity. These improvements
have been emphatically opposed by the neighborhood groups in the area including the
Proposed Benton Villa; Summary of Traffic Impacts
September 25, 2001
Page 2
Harlocke-Weeber neighborhood group. The City Council has in each instance refused to go
ahead with the improvement project.
In my opinion the appropriate improvement strategy in this area of West Benton Street would be
to add bus pull-offs, a center turn lane, and wider sidewalks because of the high volume of
pedestrians and bicydists. However, for purposes of evaluation of the Benton Villa project, it
should be assumed that there is no improvement of West Benton Street being contemplated by
the City at this time. There is no project to improve West Benton Street in the City's Capital
Improvements Program, which covers the next three years.
Collision History
The collision history on Benton Street between Benton Court and Oaknoll Drive was examined
for the years 2000 and 2001. At the Oaknoll Drive intersection there were a total of three
collisions during the 20 month period. There was one recorded collision at the Benton Court
intersection. This collision history on a relatively high volume arterial street such as Benton
Street does not constitute a high collision rate.
On-Street Parking
It was specifically requested that I examine the on-street parking situation on Hadocke Street.
Harlocke Street allows on-street parking on the outside of the curve with no parking anytime on
the inside of the curve. During my field evaluation at 11:00 a.m. on September 20, 2001, there
was one car parked on the street. It does appear that Harlocke Street would be a convenient
on-street parking location for the proposed Benton Villa project. This should be scrutinized in the
evaluation of the provision of on~site parking for the project.
Summary
The proposed Benton Villa project will result in modest increases to traffic in this vicinity of
Benton Street. it will contribute to existing levels of delay and congestion which occur primarily
during the a,m. and p.m. peak traffic periods. This project should be evaluated within the context
of the City having no plans for improvement of West Benton Street in the immediate future.
Let me know if you have any questions.
cc: Karin Franklin
Bob Miklo
Chuck Schmadeke
Rick Fosse
Marcia Klingaman
11-27-01
Prepared by: John Yapp, Assoc. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 (rez-01-00020)
ORDINANCE NO.
AN ORDINANCE REZONING 1.38 ACRES OF PROPERTY FROM HIGH-DENSITY
MULTIFAMILY RESIDENTIAL, RM-44, TO MEDIUM-DENSITY MULTIFAMILY RESIDENTIAL,
RM-20, FOR PROPERTY LOCATED AT 1045-1075 WEST BENTON STREET.
WHEREAS, the applicant, Judith Klink, has applied for a rezoning of the 1.38 acre property at 1045-
1075 West Benton Street from High-Density Multifamily Residential, RM-44, to Medium-Density
Multifamily Residential, RM-20; and
WHEREAS, there is no transition between the existing High-Density Multifamily Residential zone and
the Low-Density Single Family zone to the west of the subject property; and
WHEREAS, the applicant desires a rezoning of the property at 1045-1075 West Benton Street in
order to reduce the potential density on the property, thereby providing a step down in zoning between
the High-Density Multifamily Residential area to the east and the Low-Density Single Family Residential
area to the west; and
WHEREAS, the Comprehensive Plan identifies this area as appropriate for 16 to 24 units per acre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The property described below is hereby reclassified from its current designation of High-
Density Multifamily Residential, RM-44, to Medium-Density Multifamily Residential, RM-20.
A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 16, TOWNSHIP 79 NORTH,
RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2001081
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 16, TONSHIP 79 NORTH,
RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA; THENCE S90°00'00"E, ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION 16, A DISTANCE OF 1342.56 FEET TO THE POINT OF BEGINNING; THENCE
N00°15'00"W, 316.66 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST
BENTON STREET; THENCE S89°13'15"E, ALONG SAID SOUTHERLY LINE, 191.92 FEET; THENCE
S00°09'06W, 315.39 FEET TO A POINT ON THE SOUTH LINE OF AUDITOR'S PARCEL "G", AND
UNRECORDED PLAT OF SURVEY BY DEAN BERANEK, PROJECT NO. 3550-001, MAY 1993;
THENCE N89°35'44'~N, 189.69 FEET TO THE POINT OF BEGINNING, CONTAINING 1.38 ACRES
AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the
office of the County Recorder of Johnson County, Iowa, 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, appreval and
publication, as provided by law.
Passed and approved this __ day of ,20__
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
ppdadm/ord/1045-75wbenton doc
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
Oveday- 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.) An ordinance changing the zoning
designation from ID-RS, Interim Development
Single Family, to SAC-5, Sensitive Areas
Overlay Low Density Single-Family, for
approximately 24.12 acres located east of
Hickor,j 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
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 (C1-1), TO COMMUNITY
COMMERCIAL (CCo2) 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 (CI-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 Recorders 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance,
the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same at the office of the County Recorder of Johnson County, Iowa, 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
Prepared by: Karin Franklin, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5232
ORDINANCE NO.
AN ORDINANCE REPEALING 01-3980 AND AMENDING SECTION 1-9-3B OF THE CODE OF
ORDINANCES OF IOWA CITY, ESTABLISHING THE BOUNDARIES OF THE VOTING PRECINCTS
IN IOWA CITY.
SECTION I. PURPOSE, The purpose of this amendment is to revise the voting precincts in Iowa City to
reflect changes in population exhibited in the 2000 decennial census, and repeal 01-3980 adopted August
21,2001.
SECTION II. AMENDMENT. Section 1-9-3B of the Code of Ordinances is hereby amended by
deleting said section and replacing it with the following: Section 1-9-3B. Boundaries of Precincts
The area encompassed within the voting precincts shall be that indicated as follows:
Precinct 1: Beginning at the intersection of Riverside Drive and Benton Street; west on Benton Street
to Sunset Street; north on Sunset along the corporate timits of University Heights; following the corporate
limits of University Heights to the Iowa Interstate Railroad; east along the railroad tracks to Riverside
Drive; then south on Riverside Drive to the point of beginning.
Precinct 2: Beginning at the intersection of Sunset and Benten Streets; west on Benton Street to
Emerald Street; north on Emerald Street to Melrose Avenue; then following the corporate limits of
University Heights to the Iowa Interstate Railroad tracks; west on the railroad tracks to Mormon Trek
Boulevard; south on Mormon Trek Boulevard to Melrose Avenue; east on Melrose Avenue to Westgate
Street; south on Westgate Street to Keswick Drive; a~ong Keswick Drive to the intersection with Benton
Street; east on Benton Street to Teg Drive; south and east on Teg Drive and Aber Avenue to Sunset
Street; north on Sunset Street to the point of beginning.
Precinct 3: Beginning at the intersection of the iowa Interstate Railroad tracks and Mormon Trek
Boulevard; northeast on Mormon Trek Boulevard to Highway 6; east on Highway 6 to iowa Avenue; east
on Iowa Avenue to the Iowa River; south along the Iowa River to the Iowa Interstate Railroad bridge; then
west along the railroad tracks to the point of beginning.
Precinct 4: Beginning at the intersection of Newton Road and Riverside Drive; west on Riverside
Drive and Highway 6 to the Iowa City corporate limits; proceeding west and north along the Iowa River to
the intersection of Dubuque Street at the Butler Bridge; south on Dubuque Street to the Iowa City
corporate limits; south along the corporate limits to Interstate 80; east along Interstate 80 to Dubuque
Street; south on Dubuque Street to Iowa Avenue; west on Iowa Avenue to the point of beginning.
Precinct 5: Beginning at the intersection of Park Road and Dubuque Street; south on Dubuque
Street to Jefferson Street; west on Jefferson Street to Clinton Street; south on Clinton to BurNington
Street; west on Burlington to the Iowa River; north along the Iowa River to the Park Road bridge; east on
Park Road to the point of beginning.
Precinct 6: Beginning at the intersection of the Iowa Interstate Railroad tracks and Scott Boulevard.;
west along the railroad tracks to First Avenue; north on First Avenue to Muscatine Avenue; east on
Muscatine Avenue to the Iowa City corporate limits; south along the corporate limits and Scott Boulevard
to the point of beginning.
Precinct 7: Beginning at the intersection of the Iowa Interstate Railroad tracks and Mormon Trek
Boulevard; south on Mormon Trek Boulevard. to Westwinds Drive; west and north on Westwinds Drive to
Melrose Avenue; west on Melrose Avenue to the west corporate limits of Iowa City; following the
corporate limits north and west to the point of beginning.
Precinct 8: Beginning at the intersection of Westwinds Drive and Mormon Trek Boulevard.; south on
Mormon Trek Boulevard. to Highway 1; west on Highway 1 to the Iowa City corporate limits; west and
north along the Iowa City corporate limits to Melrose Avenue; east on Melrose Avenue to Westwinds
Drive; south and east on Westwinds Drive to the point of beginning.
Precinct 9: Beginning at the intersection of Mormon Trek Boulevard. and Melrose Avenue; east on
Melrose Avenue to Westgate Street; south on Westgate Street to Keswick Drive; south on Keswick Drive
to Benton Street; east on Benton Street to Teg Drive; south and east on Teg Drive and Aber Avenue to
Sunset Street; south on Sunset Street to Highway 1; west along Highway 1 and the iowa City corporate
limits to the west right-of-way line of Highway 218 at Highway 1; east on Highway 1 to Mormon Trek
Boulevard.; west and north on Mormon Trek Boulevard. to the point of beginning.
Precinct 10: Beginning at the intersection of Summit Street and Kirkwood Avenue; east on Kirkwood
Avenue to Howell Street; south on Howell to Ginter Avenue; west on Ginter Avenue to Lukirk Street;
south on Lukirk to Highland Avenue; east on Highland Avenue to Broadway Street; south on Broadway to
Ordinance No.
Page 2
Euclid Avenue; west on Euclid to Crescent Street; south on Crescent to Highway 6; east on Highway 6 to
Broadway Street; south on Broadway to Sandusky; west on Sandusky to Keokuk Street; north on Keokuk
to Southgate Avenue; west on Southgate Avenue to Gilbert Street; south on Gilbert Street to the
CRANDIC railroad tracks; southwest along the railroad tracks to the Iowa River; north along the Iowa
River to Highway 1; west on Highway 1 to Miller Avenue; north on Miller Avenue to Benton Street; east on
Benton Street to Riverside Drive; nodh on Riverside Drive to the Iowa Interstate Railroad tracks; east on
the Iowa Interstate Railroad tracks to Summit Street; and south on Summit Street to the point of
beginning.
Precinct 11: Beginning at the intersection of Burlington and Gilbert Streets; south on Gilbert Street to
the Iowa Interstate Railroad tracks; west on the railroad tracks to the Iowa River; north on the Iowa River
to Burlington Street; then east on Burlington Street to the point of beginning.
Precinct lZ: Beginning at the intersection of Industrial Park Road and Highway 6; north on Industrial
Park Road to the Iowa Interstate railroad tracks; east on the railroad tracks to the east corporate limits of
Iowa City; following the corporate limits of Iowa City south, west along Highway 6, south and west and
north to Sycamore Street; north on Sycamore Street to California Avenue; east on California to Union
Road; south on Union to Nevada Street; east on Nevada to Miami Drive; north on Miami Drive to
Hollywood Blvd.; west on Hollywood Blvd. to Fairmeadows Boulevard.; north on Fairmeadows to Hwy. 6;
east on Hwy. 6 to the point of beginning.
Precinct 13: Beginning at the intersection of Benton Street and Miller Avenue; south on Miller
Avenue to Highway 1; east on Highway 1 to the Iowa River; south on the Iowa River to the south
corporate limits of Iowa City; south and west along the corporate limits of Iowa City to Riverside Drive;
nodh on Riverside Drive following the Iowa City corporate limits south of the airport to the intersection
with Highway 1; east on Highway 1 to Sunset Street; north on Sunset Street to Benton Street; then east
on Benton Street to the point of beginning.
Precinct 14: Beginning at the intersection of DeForest Avenue and Sycamore Street; south on
Sycamore to Crosby Lane; east on Crosby to Bancroft Drive; south on Bancroft to Burns Avenue; east on
Burns to Sycamore Street; south on Sycamore to the south corporate limits of Iowa City; west along the
corporate limits to the Iowa River; nodh along the Iowa River to the Iowa Interstate Railroad tracks; east
on the railroad tracks to Gilbert Street; north on Gilbert Street to Southgate Avenue; east on Southgate
Avenue to Keokuk Street; south on Keokuk Street to Sandusky Drive; east on Sandusky to Broadway
Street; north on Broadway Street to Highway 6; west on Highway 6 to Crescent Street; north on Crescent
Street to Euclid Avenue; east on Euclid to Broadway Street; north on Broadway to Highland Avenue; west
on Highland Avenue to Lukirk Street; north on Lukirk to Friendly Avenue; east on Friendly to Pine Street;
south on Pine Street to DeForest Avenue; east on DeForest Avenue to the point of beginning.
Precinct 15: Beginning at the intersection of Sycamore Street and DeForest Avenue; west on
DeForest Avenue to Pine Street; north on Pine Street to the Iowa Interstate Railroad tracks; east on the
railroad tracks to Seventh Avenue; north on Seventh Avenue to Muscatine Avenue; east on Muscatine
Avenue to First Avenue; south on First Avenue to the railroad tracks; east on the railroad tracks to a point
north of Industrial Park Road; south to and on Industrial Park Road to Highway 6; west on Highway 6 to
Fairmeadows Blvd.; south on Fairmeadows Blvd. to Hollywood Boulevard; east on Hollywood Blvd. to
Miami Drive; south on Miami Drive to Nevada Street; west on Nevada to Union Road, north on Union to
California Avenue; west on California to Sycamore Street; south on Sycamore Street to Burns Avenue;
west on Burns to Bancroft Drive; north on Bancroft to Crosby Lane; east on Crosby to Sycamore Street;
north on Sycamore to the point of beginning.
Precinct 16: Beginning at the intersection of Muscatine Avenue and Dover Street; north on Dover
Street to Perry Court; west on Perry Court to Meadow Street; nodh on Meadow Street to Friendship
Street; east on Friendship Street to Kenwood; north on Kenwood to Court Street; east on Court Street to
the Iowa City corporate limits; following the Iowa City corporate limits east, north, east, south and west to
Muscatine Avenue; west on Muscatine Avenue to the point of beginning.
Precinct 17: Beginning at the intersection of Dover Street and Muscatine Avenue; west on Muscatine
Avenue to Court Street; east on Court Street to First Avenue; north on First Avenue to Rochester Avenue;
east on Rochester Avenue to Mt. Vernon Drive; south on Mt. Vernon Drive to Washington Street; east on
Washington Street to Westminster Street; south on Westminster to Court Street; east on Court Street to
Kenwood; south on Kenwood to Friendship Street; west on Friendship Street to Meadow Street; south on
Meadow Street to Perry Court; east on Perry Court to Dover Street; south on Dover Street to the point of
beginning.
Precinct 18: Beginning at the intersection of Muscatine Avenue and Seventh Avenue; south on
Seventh Avenue to the Iowa Interstate Railroad tracks; west on the railroad tracks to Pine Street; south
on Pine Street to Friendly Avenue; west on Friendly to Lukirk Street; north on Lukirk to Ginter Avenue;
east on Ginter Avenue to Howell Street; north on Howell to Kirkwood Avenue; west on Kirkwood Avenue
to Summit Street; north on Summit Street to the Iowa Interstate Railroad tracks; west on the railroad
Ordinance No.
Page 3
tracks to Lucas Street; north on Lucas Street to Bowery Street; east on Bowery Street to Governor Street;
north on Governor Street to Burlington Street; east on Burlington Street to Muscatine Avenue; southeast
on Muscatine Avenue to the point of beginning.
Precinct 19; Beginning at the intersection of Governor Street and Bowery Street; west on Bowery
Street to Lucas Street; south on Lucas Street to the Iowa Interstate Railroad tracks; west on the railroad
tracks to Gilbert Street; north on Gilbert Street to College Street; east on College Street to Van Buren
Street; south on Van Buren Street to Burlington Street; east on Burlington Street to Governor Street;
south on Governor Street to the point of beginning.
Precinct 20: Beginning at the intersection of Governor Street and Burlington Street; west on
Burlington Street to Van Buren Street; north on Van Buren Street to College Street; west on College
Street to Gilbert Street; south on Gilbert to Burlington Street; west on Burlington Street to Clinton Street;
nodh on Clinton to Jefferson Street; east on Jefferson Street to Dubuque Street; north on Dubuque Street
to Bloomington Street; east on Bloomington Street to Johnson Street; south on Johnson Street to
Jefferson Street; east on Jefferson Street to Governor Street; south on Governor Street to the point of
beginning.
Precinct 21: Beginning at the intersection of Governor Street and Jefferson Street; west on Jefferson
Street to Johnson Street; north on Johnson Street to Bloomington Street; west on Bloomington Street to
Dubuque Street; north on Dubuque Street to Kimball Road; east on Kimball Road to Gilbert Street; south
on Gilbert Street to Brown Street; east on Brown Street to Governor Street; south on Governor Street to
the point of beginning.
Precinct 22: Beginning at the intersection of Governor Street and Brown Street; west on Brown
Street to Gilbert Street; north on Gilbert Street to Kimball Road; west on Kimball Road to Dubuque Street;
nodh on Dubuque Street to Interstate 80; east on Interstate 80 to the Iowa City corporate limits; north,
east and south along the corporate limits to Interstate 80; west on Interstate 80, along the south right-of-
way line of the interchange between Dodge Street and Interstate 80, to Dodge Street; west on Dodge
Street to North Summit Street; south on North Summit Street to Dewey Street; west on Dewey Street to
Brown Street; west on Brown Street to the point of beginning.
Precinct 23: Beginning at the intersection of Market Street and Governor Street; north on Governor
Street to Brown Street; east on Brown Street to Dewey Street; north on Dewey Street to Nodh Summit
Street; north on Nodh Summit Street to Dodge Street; east on Dodge Street to the south right of way line
of the interchange of Dodge Street and Interstate 80; east on Interstate 80 to the east corporate limits of
Iowa City; south along the corporate limits of Iowa City to Rochester Avenue; west on Rochester Avenue
to Market Street; west on Market Street to the point of beginning.
Precinct 24: Beginning at the intersection of First Avenue and Court Street; west on Court Street to
Muscatine Avenue; northwest on Muscatine Avenue to Burlington Street; west on Burlington Street to
Governor Street; north on Governor Street to Market Street; east on Market Street to Rochester Avenue;
east on Rochester Avenue to First Avenue; south on First Avenue to the point of beginning.
Precinct 25: Beginning at the intersection of Court Street and Westminster Street; north on
Westminster Street to Washington Street; west on Washington Street to Mt. Vernon Drive; north on Mt.
Vernon Drive to Rochester Avenue; east on Rochester Avenue to the Iowa City corporate limits; south
and east along the Iowa City Corporate Limits to Court Street; west on Court Street to the point of
beginning.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effective on January 15, 2002, after its
final passage, approval and publication, as provided by law.
Passed and approved this ~ day of ,20
MAYOR
ATTEST:
GITY CLERK
A~~"~2 ~
City Aftorney's Office
ppdadnVord/prednctb~undadesdoc
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Kanner
Lehman
O'Donnell
Pfab
Vanderhoef
Wilbum
First Consideration 11/13/01
Voteforpassage:AYE5: Kanner, Lehman, 0'Donne]], Pfab, Vander'hoef, Wi]burn,
Champion. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published