HomeMy WebLinkAbout2002-03-19 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 19th day of March, 2002, in
Emma J Harvat Hall, 410 E. Washington Street,
Iowa City, Iowa, or if said meeting is cancelled,
at the next meeting of the City Council thereafter
as posted by the City Clerk; at which hearing the
Council will consider:
A Public hearing on an ordinance rezoning 18.2
acres from Low Density Single-Family, (RS-5) to
Sensitive Areas Overlay Low Density Single-
Family (OSA-5) and a preliminary plat of Hickory
Heights, a 20-lot resident subdivision located
west of Scott Boulevard near its intersection
with Dodge 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 wishing
to make their views known for Council
consideration are encouraged to appear at the
above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
ORDINANCE NO.
AN ORDINANCE CHANGING THE ZONING DESIGNATION OF 18.2 ACRES FROM LOW
DENSITY SINGLE-FAMILY (RS-5) TO SENSITIVE AREAS OVERLAY-5 (OSA-5).
WHEREAS, Hickory Heights LLC has made application for a Sensitive Areas rezoning and approval of
the Sensitive Areas Development Plan for 18.2 acres located west of Scott Boulevard near its intersection
with Dodge Street; and
WHEREAS, the property contains steep, critical, and protected slopes; and
WHEREAS, the applicant has submitted a Sensitive Areas Development Plan which minimizes
disturbance of the steep and critical slopes and prohibit disturbance of protected slopes; and
WHEREAS, the Planning and Zoning Commission reviewed the Sensitive Areas Development Plan
and found it to be in compliance with the Sensitive Areas Ordinance; and
WHEREAS, the Sensitive Areas Development Plan also complies with the development regulations of
the Low Density Single-Family (RS-5) zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
~. The property legally described below is hereby redesignated from its
current zoning of RS-5 to OSA-5 and the associated development plan is approved:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER-CORNER OF SAID SECTION 2;
THENCE NORTH 0°00'EAST 2918.9 FEET ALONG THE WEST LINE OF SAID EAST ONE- HALF(ASSUMED
BEARING FOR THIS DESCRIPTION ONLY) TO THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF
HIGHWAY NO. 1; THENCE NORTH 56043, EAST 100.0 FEET ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY LINE; THENCE SOUTH 31°31, EAST 640.0 FEET; THENCE NORTH 56°50. EAST 190.0 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 56°50'EAST 736.5 FEET TO A POINT OF
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF CAPTAIN IRISH PARKWAY; THENCE
SOUTH 11°25'EAST 183.6 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO A POINT OF
CURVATURE; THENCE 261.1 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE
ARC OF A 1018.6 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD SOUTH 18°45' EAST 260.4) TO A
POINT OF INTERSECTION WiTH THE EAST LtNE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE SOUTH 0°21'EAST 538.6 FEET
ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAiD SECTION 2; THENCE SOUTH
0°01'EAST 210.0 FEET ALONG THE EAST LINE OF THE SOUTH ONE-HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAiD SECTION 2; THENCE NORTH 7044' WEST 650.0
FEET; THENCE NORTH 9°11'WEST 560.0 FEET TO THE POINT OF BEGINNING AND CONTAINING AN
AREA OF 18.2 ACRES MORE OR LESS.
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.
~. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V SEVEI~,~,BILITy. 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.
Ordinance No.
Page 2
SECTION VI. EFFECTIVF DATF. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
SECTION VII. RECORDING. The City Clerk of the City of Iowa City, Iowa, is hereby authorized and
directed to certify a copy of the Sensitive Areas Development Plan after passage and approval by law. The
City Clerk shall record the Sensitive Areas Development Plan at the office of the County Recorder of Johnson
County, Iowa at the expense of the applicant.
Passed and approved this day of ,2002
MAYOR
ATTEST:
CITY CLERK
Approved by/~/~
City Attorne~/s~Office
pp~adm/ord/hlckoryheigt ht s,doc
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo, Senior Planner
Item: REZ01-00028/SUB01-000031, Hickory Heights, Date: January 3, 2002
Preliminary Plat and Sensitive Area
Development Plan
GENERAL INFORMATION:
Applicant: Hickory Heights, LLC
c/o Gary Watts
2346 Mormon Trek Boulevard
Iowa City, IA 52246
Contact Person: MMS Consultants
Phone: 351-8282
Requested Action: Sensitive Areas Overlay and preliminary
plat
Purpose: To allow a 20-lot residential subdivision
Location: South and west of Scott Boulevard
Size: 18.02 acres
Existing Land Use and Zoning: RS-5
Surrounding Land Use and Zoning: North: Undeveloped, RS-5 and RDP
South: Hickory Hill Park, P
East: Undeveloped, Residential and
Agricultural, IDRS and RS-5
West: Hickory Hill Park, P
Comprehensive Plan: This property is within the Northeast
Planning District. The Comprehensive Plan
shows Office Research Park and
Residential at 2-8 dwelling units per acre.
File Date: December 13, 2001
45 Day Limitation Period: January 26, 2002
SPECIAL INFORMATION:
Public Utilities: City water and sewer service is available.
Public Services: The City will provide police and fire
protection and refuse and recycling
services.
2
Transportation: A transit stop is located on Dodge Street.
Physical characteristics: Rolling topography including steep, crticial
and protected slopes.
BACKGROUND INFORMATION:
The applicant, Hickory Heights LLC c/o Gary Watts, is requesting preliminary plat approval of
Hickory Heights, (a resubdivision of Lot 3 of the Press-Citizen Addition), an 18.2-acre, 20-lot
residential subdivision located south of Scott Boulevard, east of its intersection with Dodge
Street. The property is zoned Low Density Single-Family Residential (RS-5). The property
contains critical slopes (25%-39%) and protected slopes (40%+) therefore a Sensitive Areas
Overlay rezoning is required.
ANALYSIS:
Comprehensive Plan: The Comprehensive Plan depicts this property as being appropriate for
residential development of 2-8 dwelling units per acre. Although this property is within the
Northeast District, the district plan does not contain any additional specific recommendations for
this properly. The Northeast District Plan does contain specific recommendations to require a
buffer between Hickory Hill Park and development on the Larson properly to the east of this
subdivision. When the Larson property is developed a rezoning will be required and the City
will be able to require the buffer as a condition of the rezoning. In this case however the RS-5
zoning is already in place and the City's review is limited to the subdivision standards and the
guidelines for critical and protected slopes per the sensitive areas ordinance. We may suggest
that the applicant consider clustering the development farther from the park to create a buffer,
but we do not have the legal ability to require a buffer. Each of the lots could be reduced in lot
width to the minimum 60-foot lot width required by zoning and the cul-de-sac length could be
reduced by about 200 feet. This would provide a buffer between the park and the dwellings to
be built upon the lots. However, based on the subdivision regulations and the guidelines of the
sensitive areas ordinance, the plat as submitted appears to meet City requirements.
Subdivision Design: The subdivision will be accessed by a new street, Hickory Heights Lane,
which will intersect with Scott Boulevard. The street will generally be located along the top of
the ridge located in the center of the property. All of the lots will be well over the minimum 8000
square feet required in the RS-5 zone. The smallest lot is just under half and acre, 19,556
square feet. The largest is nearly 2.5 acres, 105,116 square feet. All of the lots also exceed
the 60 foot minimum lot width required by zoning. The typical lots are 90 feet wide.
Sensitive Areas Ordinance: Grading of Critical Slopes is proposed on lots 1-9 to allow the
construction of the street and creation of building sites. The proposed grading appears to
comply with the intent of the Sensitive Areas Ordinance to minimize soil instability, landslides
and erosion and to preserve the scenic character of wooded hill sides. Protected slopes are
located on lots 5 and 6. No grading is proposed on or near the protected slopes, and a
conservation easement is proposed around the protected slopes and the required 50-foot
buffer.
Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the
dedication of open space or fees in lieu of land. The plat depicts the dedication of open space
to Hickory Hill Park adjacent to lot 11 and 12 and a trail access between lots 11 and 12. Total
open space to be dedicated equals 25,586 square feet The Parks and Recreation Commission
will consider this application at their January meeting. Because there are no paved trails in the
area of the park adjacent to this subdivision, the Parks & Recreation Director has indicated that
the trail access will not likely be improved with paving. Rather it will serve as an informal path
between Hickory Heights Lane and the park.
Stormwater Management: This property is in an area served by a regional stormwater
management system located within Hickory Hill Park. This system has been designed to
accommodate stormwater from urban development on this property and the surrounding area.
The City Engineering Division has reviewed this area and finds that no additional stormwater
basins are required for this subdivision.
STAFF RECOMMENDATION:
Staff recommends that the sensitive areas overlay rezoning and preliminary plat of Hickory
Heights, an 18.2-acre, 20-lot residential subdivision located west of Scott Boulevard be
approved.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Correspondence
Kar~ Franklin, Director,
Department of Planning and
Community Development
ppded min\stfrep\sub01-00031 .doc
I D. I
Plat & Sensitive Areas Development Plan
"A Resubdivision of Lot 3, Press Citizen Addition"/[_..__
HICKORY HE I G HTS",,.~~'' m/
Iowa City, Iowa
7
Preliminary Plat & Sensitive Areas DevelopmenC Plan
"A Resubdivision of Lot 3, Press Citizen Addition"
HICNO i~Y HEIGHTS:
Iowa City, Iowa
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City of Iowa City
M MORANDUM
Date: January 11, 2002
To: Planning and Zoning Commission
From: Robert Miklo
Re: REZ01-00028/SUB01-00031 Hickory Heights
The Parks and Recreation Commission's recommendation regarding acceptance of open space
is attached. The plat has been revised to show the open space as recommended by the Parks
and Recreation Commission.
Action taken by Parks and Recreation Commission January 9, 2002
Hickory Heights Development
Moved by Boyd, seconded by Stroh, to accept Outlot A, including the trail access between lots
11 and 12, with the request that the trail be re-routed to the southwest to avoid a critical slope
and that the resulting triangular area also be dedicated as open space.
Moved by Stroh, seconded by Pruess, to go on record that the commission is troubled with the
development in its present form and is willing to support community efforts to discover
alternatives intended to protect Hickory Hill Park.
THE UNIVERSITY OF IOWA
February 6, 2002
Robert Mildo
City of Iowa City
Department of Planning and Community Development
Civic Center
410 East Washington
Iowa City, Iowa 52240
Re: Johnson County, Iowa Site File Search 2001742
Dear Mr. Miklo:
On January 24, 2002, you asked for additional information on the above-referenced site file
search, specifically regarding the significance of a potential archaeological site within the
proposed Hickory Heights subdivision. The site, an abandoned road grade, was identified to the
city by Richard S. Rhodes II in a le~er dated January 9, 2002. Although weather conditions and
other obligations have precluded our visiting the site, the former road grade is clearly depicted by
topographic contours on the subdivision plat, as well as on the USGS 7.5 min. series Iowa City
West quadrangle. On the latter map, it is traceable to the southwest as far as Smmnit Street (see
attached map).
An 1854 map of Iowa City by J. H. Miller (see attachment) depicts an alignment of the Lyons
Iowa Central railroad that parallels Brown Street between Dubuque and Dodge Streets, and
thence northeast, intersecting Governor Street near what is today the northeast comer of Happy
Hollow Park.
This map evidence clearly raises the possibility that, as asserted by Rhodes in his letter, the
abandoned road bed coincides with the grade of the failed Lyons Iowa Central railroad, also
known as the Iowa Central Air Line railroad. The published sources cited by Rhodes suggest that
this may have been the first railroad to reach Iowa City, in 1854, but that the venture failed in that
year, stranding a large labor force unpaid and leaving bond obligations unpaid.
Maps dated 1855, 1856, 1859, 1871, and 1888 that depict railroads in Johnson County show no
evidence of the Lyons Central Iowa railroad. The 1855 and 1856 maps show a railroad extending
from Clinton (formerly Lyons) to Iowa City that is probably the route of the Lyons Iowa Central,
but the route is identified as not constructed. The route is not depicted at all on maps from later
years, corroborating historic accounts that the railroad was never completed.
A relatively small part of the road traces are located within the Hickory Heights subdivision plat,
and much of this portion is within a non-development buffer in the northwest part of the plat. The
portion to be disturbed is unlikely to be of sufficient archaeological significance to merit
protection under the city's Sensitive Areas ordinance. We would, however, recommend that the
remaining portions of this road trace be brought to the attention of the Iowa City Historic
Preservation Commission for further consideration of its historical and archaeological
significance.
Office of the State Archaeologist 700 Clinton St. Bldg. Iowa City, Iowa 52242-1030 319/384-0732 FAX 319/384-0768
E-mail: OSA(&uiowa.edu
As indicated in our initial letter of 11/30/2001, other, unrecorded sites may be present within the
boundaries of the proposed Hickory Heights subdivision, but have not been discovered or
reported to OSA. If you have not already done so, you may wish to consult with the State Historic
Preservation Office (SHPO) to determine whether an archaeological survey is needed. If you have
any questions, please do not hesitate to call me at 384-0795,
Geographic Irfl'6rmation Coordinator
0.25 0 0.25 0.5 0.75 Miles
500 0 500 1000 Meters
, I
Search 2001742
,~ Hickory Heights project inquiry
Johnson County
Search Date: 218102; JA
Iowa City East quad
TO CITY OF IOWA CITY PLANNING/COMMUNITY DEVELOPMENT and
PLANNING AND ZONING COMMISSION
FROM: FRIENDS OF HICKORY HILL PARK
DATE: December 10, 2001
RE: Preliminary and Final Plat Press Citizen Addition, Iowa City, Iowa and
Preliminary Plat Hickory Heights, Iowa City, Iowa
Dear Staff and Commissioners:
After careful review of the above-named plats, Friends of Hickory Hill Park, a
group of citizens dedicated to the protection and preservation of Hickory Hill Park, ask
you to not approve these plats as submitted for the following reasons:
1. The Press Citizen owns almost 34 acres; 11.41 acres where its business sits,
3.87 acres at the comer of North Dodge and Scott that it wishes to subdivide for
commercial development, and 18.20 acres that it wishes to subdivide as "reserved for
future development" that directly abut the public's land, Itiekory Hill Park - these
most concern us.
The current owner, the Press Citizen, would like to subdivide and sell its holdings,
and let the public focus on the subdivision proposed by Gary Watts and Hickory Heights,
LLC, to build a residential development. We believe this would not best serve the public.
The Press Citizen could add covenants and easements as part of the deed to the next
owner that would greatly reduce the serious issues this property brings with it to the
public good. For that reason, and the others stated below, we ask that the Press
Citizen Addition Plat be denied or that, at the least, the vote be continued.
2. These plats are not in compliance with the Northeast District Plan. The
current RS-5 zoning (of the 18.20 acres) does not acknowledge the Sensitive Areas
Overlay that is clearly marked in the Northeast District Plan map of this property, with its
steep ravines with a small stream along its borders. The zoning should be updated to
reflect the intent of the Northeast District Plan, which is intended to over-ride old and
inappropriate zoning and to inform future development in this area. A
conservation/planned development zoning would be appropriate for this area.
Thc Northeast District Plan was passed long before these Applications for
Subdivision were submitted to the City of Iowa City and the owners and developers are
well aware of its contents. While there may bc an acceptable way to develop this land
that complies with the intent of thc Northeast District Plan, the present Plats do not.
The Northeast District Plan focuses prominently on preserving the natural beauty
of the area, of green open space as buffers between urban development and sensitive
features, and "incorporating and maintaining a green open space between Hickory
Hill Park and urban development to preserve the natural integrity of the park."
WE ASK THAT THE CITY SIMPLY ENFORCE ITS OWN PLANNING
DOCUMENT.
3. The largest landowner/neighbor to the Press Citizen property is the City
of Iowa City, i.e. the public. Hickory Hill Park is both an enormous public asset and
investment, whose 190 acres are worth millions of dollars. A $450,000.00 trail system
was just approved by the Parks and Recreation Department to upgrade the park and to
make it compliant with the Americans with Disabilities Act (ADA). The proposed
subdivision would quite literally be a taking of the public's land for private gain.
The taking would be a taking the public's ability to enjoy their property because of the
visual intrusion upon the park's vistas by a housing development.
Much of the 18.20 acres is a steep and prominent ridgetop that is visible fi.om
much of the park. The park's borders at 7 Avenue were not protected through easements
and proper zoning and the public's enjoyment has been severely compromised in that
area of the park by the inappropriate development there.
IT IS VITAL TO PROTECT THE PUBLIC'S INVESTMENT REPRESENTED BY
HICKORY HILL PARK.
4. The 18.20 acres is at the top of the watershed that flows down, and
through Hickory Hill Park, toward 7th Avenue. Much public money has been spent to
control flooding downstream. A large housing development built upon sensitive area land
will create run-offand stormwater management problems. The Hickory Heights Plat, as
drawn, essentially dumps stormwater drainage at the edge of its property onto the
public's land. This issue alone requires much more study to protect the interests oftbe
public and homeowners downstream.
IT IS VITAL TO PROTECT THE WATERSHED.
5. The preservation and protection of Hickory Hill Park is of great concern
to many citizens. It is exactly what opponents of the First Avenue extension predicted
would happen, in terms of negative impact on Hickory Hill Park and the watershed. The
timing of the hearings - a few days before the winter holidays - couldn't be worse for
public participation. People will be gone or very busy with their families. In fairness to
the public, a delay on the Commission's hearing and voting is requested
IT IS VITAL TO PRESERVE THE PUBLIC'S FULL PARTICIPATION IN THIS
IMPORTANT ISSUE.
2
THEREFORE, we kindly ask the following:
· Deny both plats as drawn;
· Delay the pubic hearing and Commission's vote until after the winter
holidays;
· Rezone the 18.20 acres so as to best reflect the intent of the Northeast District
Plan; and
· Sponsor a charrette or direct the owner/developers to meet with citizens to
arrive at the best possible outcome for all.
Contacts: David Purdy: (h) 354-6276
John Loomis: (w) 337-4905
Dianne Kaufinan: (h) 339-1374; (w) 337-7079
20:]~4 Rochester Ave, ~ E (~ ~l~ U V E ~'~
9 Janua~ 2002 d~ 9 ~ 2
Ann Bovb~erg, Chairperson
Iowa Ci~ Planning and Zoning Commission
4~0 East Washington Street
~owa Ci~ ~A 52240
Re: REZ0~-00028/SUB0~-00003~. Hicko~ Heights Prelimina~ Plat and Sensitive Areas Development Plan.
Archaeological site overlooked.
Please distribute to Planning and Zoning Commission members and relevant Ci~ staff.
Dear Ns Bovbjerg:
As Chris Stephan, the applicant's engineer, stat~ at the 3 lan 02 Formal Neeting of the Planning and
Zoning Commission, there are remnan~ of an 'old railroad grade' in the proposed Hicko~ Heights subdivision.
This grade is clearly seen (from contour lines on the Prelimina~ Plat) on Lo~, 4, 5, 6, and 7; it also may be
present on Lot 20. These remnan~ (and others ~ust to the southwest) represent some of the last traces of the ill-
fated Lyons Iowa Central Railroad which was to have been constru~ed from "Lyons" (now Clinton, Iowa) through
Tipton, ~owa Ci~, and Fo~ Des Noines to Council Bluffs~, This failed railroad also was known as the ~owa Central
Air Line Railroad Company and was a precu~or of the Chicago & No~h Western Railroad2.
According to ]~ing B. Weber and Frank P. Donovan this railroad venture was organized in ~853. ~ts grading
immediately began from the Clinton end and had just reached the east bluff of the ~owa River when the venture
catastrophi~lly collapsed in ~une ~854 stranding 2,000 unpaid Irish la,rets who were "forced to endure great
hardships'~. Because Johnson Coun~ had helped finance this venture by issuing tax-backed bonds, a great local
s~ndal ~me from this collapse and cries of'fraud' echoed across the scarcely broken prairie sod as the
taxpayers of ~ohnson Coun~ tried to litigate their way from under these obligations~.
Both the applicant's ~nsitive Areas Development Plan and the Ci~ Staff's Repo~ on the subdivision in the
packet for the 3 lan 02 Neeting overlook the presence of this prote~ feature on the subject tra~. Under
"Se~ion ~: Archaeological Sites" of the ~owa Ci~ Sensitive Areas Ordinance, such historic features must be taken
into consideration in the planning and development of a prope~. The presence of these ~48-year-old traces
(dating only ~6 years a~er Johnson ~un~ was organized~) at the ve~ least warrant assessment of this site for
its historic potential by the State Historic Prese~ation Officer.
Thank you for your a~ention to this ma~er.
Sincerely,
Richard S Rhodes II
CC: Chris Stephan, MMS Consultants ~nc, Appli~nt's engineer of record
~ ~ing B. Weber, ]989, "iowa Citians scramble to get railroad into town," ~owa Ci~ Press Citizen, Sat. ~0 3une,
~989, p ~0C; reprinted in Weber, ~990, "Historical Stories about ~owa Ci~, Vol. 6," p 78-8~, Iowa Ci~ Lions Club,
Publishe~.
~ H. Roger Grant, ~., 2000, "~owa Railroads: The Essays of Frank P. Donovan, 3r," p ~25-~26, Universi~ of
Iowa Press, Iowa Ci~ IA.
~ ~ing B. Weber, ~987, "An ~rish heri~ge/' ~owa Ci~ Press Citizen, Sat. 8 August, ~987, p ~D; reprinted in
Weber, ~987, "Histori~l Stories a~ut Iowa Ci~, Vol. 4," p 273-276, Iowa Ci~ Lions Club, Publishers.
~ "Histo~ of 3ohnson Coun~ ... from ~836 to ~882 ...," ~883, p 237-264, ~owa Ci~, ~owa, reproduced by
Unigraphic, ~nc, Evansville ~N, ~973.
915 Fairchild, Iowa City, Iowa 52245
January 10,2002
Mr. Atkins, City Manager
City of Iowa City
410 East Washington
Iowa city, Iowa 52240
Dear Mr. Atkins: Re: Hickory Heights Rezoning
It may be a "done deal". But I hope not. The Press
Citizen plans to sell 18 aces of the land which they
purchased for their site, but which they no longer need.
The apparent plan is to sell the plot to a private
developer for "upscale housing". While I realize that the
fortunate few who would be able to live there, would have
a lovely view .....
.... I also realize that those of us who use Hickory Hill
Park for recreational purposes would also like an
unobstructed view. We need more space. We don't need more
houses.
Therefore, count my husband and I among those who protest
the sale of that plot for private development. Please ask
those of us who live near Hickory Hill Park what our
preference would be. Believe me, we want more park.
Very truly yours,
Herbert and Marianne Michael
cc. City Council Atten:: Steve Kanner
cc. Zoning and Planning
325 Ferson Avenue
Iowa City, Iowa 52246
January 11, 2002
Mr. Michael Beck, Publisher
Iowa City Press-Citizen
1725 North Dodge Street
Iowa City, Iowa 52245
Dear Sir:
We are subscribers to the Iowa Press-Citizen and are disappointed in your actions
and lack of candor in the matter of your sale of land adjacent to Hickory Hill Park for
development. We live on the other side of town, but this jewel in our park system is
loved by all our citizens, not just the neighbors.
We noted your endorsement of the city's plans to extend First Avenue. We also noted
your editorial urging the City Council to break its promise not to open the road until
Scott Boulevard was completed, and to use it anyway. Never did you indicate that
your property, which is in that area, will benefit. Nor does it appear that citizens were
aware that you put the property adjacent to the park up for sale.
The developer hopes to put twenty homes on the 18 acre site adjacent to Hickory Hill
Some slopes are in sensitive areas. Having lived in the hills of Southern California, I
am well aware of the runoff and seepage dangers resulting from buildings and plant
irrigation. These slopes may well be in danger in the future, damaging the ecosystem
through soil slippage or through runoff of pesticides and herbicides.
Some of the homes will be visible from the park. This is disturbing enough, but the
developer promises to build a public trail accessible from the ridge to the park. Since
there is no parking lot in the plans, we can assume the trail will be for the use of the
owners of the ridge homes. Hardly a "public" trail to make the park more accessible.
In short, this development may swell Gannett company and Press-Citizen profits, but
it will not serve the citizens and wildlife of Iowa City. To be a viable ecosystem, the
park needs protection from encroaching development. It needs farm or "wild" buffers
to help sustain the plant and animal life. We urge you to be good citizens and
stewards of the land, and to help protect the Hickory Hill Park by assisting the citizens
to arrange purchase of the 18 acre plat.
Sincerely yours,
James T. Ephgrave
Patricia N Ephgrave
325 Ferson Avenue
Iowa City, Iowa 52246
January 11, 2002
Planning and Zoning Commission
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Dear Members of the Commission:
Enclosed is a copy of a letter we sent to the Iowa City Press-Citizen and its
owner, the Gannett Company regarding Hickory Hill Park. We hope you will
take the time to read it.
It is imperative to move quickly to formulate a plan to save this plat from
development, or at least the area in it containing the ridge drainage points
leading to the park. We urge you to use your influence to support efforts to
protect this green space.
Furthermore, cognizant of Burnham's dictum "make no little plans" and the
resulting park system of Chicago and forest preserves of Cook County, we ask
that you work with Johnson county to develop policies and plans to obtain
green belt areas of prairie and/or forest between communities, trail
easements, as well as traditional park land. Having lived in the Chicago and
Los Angeles communities, I assure you that Los Angeles citizens truly suffer
from the lack of foresight to regulate urban sprawl, and that the land suffers
even worse. As Johnson County becomes more urbanized, it is time to learn
from the experiences of others and find ways to ensure the healthy vitality of our
land and people--our environment.
Sincerely yours,
James T. Ephgrave
Patricia N. Ephgrave
2150 Dubuque Road
Iowa City IA 52245 9632
Iowa City Planning and Zoning Commission
Dear Sirs:
I should like to express my opposition to the development of
of the Press Citizen tract for a housing project. To gain
the approval of Planning and Zoning for the building
of the Press Citizen plant, the adjacent property owners
in the area were told by the Press Citizen officials they
would leave the land except for the building in its
original undeveloped state. The property owners adjacent
to the site had objected to a proposed housing development
for the acreage which would destroy the beauty and quiet
of this part of Iowa City. The Planning and Zoning
body should not allow the PRESS Citizen to renege on ~ts
original promise. I suggest the City should buy the land
and incorporate it as part of HICKORY Hill Park.
Very truly yours
Charles L Eble
Jan 15 2002
1/22/02
To the Iowa City Planning and Zoning Commission:
This letter is in regard to the proposed Hickory Heights development adjacent to Hickory Hill
Park. I was unable to attend the meeting last Thursday (1/17) and the minutes have yet to be
posted on the Internet, but I still wanted to express my concern over the proposed development.
Yes the proposed development is on private land, and yes tax revenues for the city would
increase, but such factors would be offset by the negative impact on the scenic beauty of what is
already a relatively small park. I hope the Planning and Zoning Commission will oppose the
Hickory Heights development.
Thomas Hesse
(319) 887-5567
thesse24Oyahoo.com
Marian Karr
From: tbone-horse@webtv,net
Sent: Friday, March 15, 2002 5:41 PM
To: cou ncil@iowa-city.org
Subject: Proposed Hickory Heights development
Dear Members of the Council:
I am in fervent hope that developers Gary Watts and Gene Kroeger
will agree to sell all or at least a significant portion of the land on
which they propose to develop Hickory Heights to the Friends of Hickory
Hill Park {HHP) . This is the best resolution that I can see for an
entirely unfortunate situation.
I believe the current Press-Citizen acres "belong" with HHP for
several reasons.
1. A look at the map shows the acres in question as a logical part of
the park cartographically (the area in question looks like a slice
rudely removed from an oblong cake).
2. It became obvious to me to what degree this land was functionally e
part of the park when I stood at the base of the slope known as "the
hill" and saw the path worn by generations of park users from near the
southern apex of the proposed development up to "the tree" at the top of
the ridge. The path looked as well-worn and much used as most other
paths in HHP!
3. The acres are topographically crucial to the well-being of the
park--the drainage is basically toward the park, and any pollution on
top will end up defiling HHP.
4. The P-C acres are also critical aesthetically. Any buildings would
be intrusive on park users' experience of nature, which can heal so many
wounds inflicted by the stress of modern living. The park's natural
dimension is salvific for a large segment of visitors.
5. Last but most important to me: The P-C acres are ecologically
critical to what makes HHP such a rarity: Habitat for an incredible
diversity of avian species near a downtown of a city! Several years ago
one birder catalogued 120 species in the park! HHP is noted by birders
from miles around as a prime birding destination!! And the birding
community knows that there will be a drop-off, quite possibly a severe
one, in species diversity if the P-C acreage, basically open grassland
with wildflowers, is developed! The environmental specialness that
raises HHP to crown jewel status in the eyes of people far beyond Iowa
City's boundaries deserves preservation through uniting the P-C acres
with HHP legally as well as cartographically, functionally,
topographically, aesthetically, and ecologically.
Though the Planning & Zoning Cou~ission voted 6-0 for rezoning that
would allow the proposed development, it seemed clear that a majority
would Nave preferred that the acres could become part of HHP. I think
they and you know that Friends has been hoping to accomplish that.
However, I believe one legally correct but morally wrong choice was made
by the seller of these acres when he chose not to inform either the city
of Iowa City or the Friends of HHP that these acres were to be sold. A
Friends representative had met several times with the seller to ask
about future plans for this land. The answer was always No plans. Thus
when the land became available for sale, it was as if a horse race was
started with two of the horses tied to the starting gate. The winning
horses, Gary and Gene, are good people trapped in the middle, just
trying to do what they do for a living, buying land to resell at a
profit so they can buy and sell more land .....
They came up with an excellent development design proposal that is
flawed in only one huge way: location--on land that hundreds of people
think would be better off as part of HHP. However, the only way I can
justify asking Gary and Gene to give up some of the huge profit they
would realize from Hickory Heights development is in remembering that
Friends and Iowa City could have bought the property directly from the
P-C if they'd been allowed to know it was available. I hope that the
very unfairness of this situation will lead the developers to take this
into account when deciding whether they will sell any or all of the
acres they're about to buy.
What can you do? You probably have to give the developers the
legal go-ahead according to current law. Knowing that the park would be
forever diminished in what many, I suspect most, park users go there
for, you might encourage the developers in their search for the fairest
resolution for the good of the park and park-user generations to come.
And I hope that you can somehow find money in the city's horribly tight
budgets within the next 3+ years to help pay for whatever the developers
will sell: hopefully all, but at least some, for the greater glory of
your crown jewel park, arguably the envy of most cities in the Midwest.
Since there now seem to be other environmentally sensitive areas in
conflict, I also hope you will look at and change whatever laws dictate
that P & Z Cor~mission members and Councilors must vote against their
consciences or be in conflict with the law. Law exists to serve people,
not people the law.
I wish you luck in your deliberations on this and the several
other emotionally wrenching, divisive issues you are facing. May the
long-term good come out and prevail in this process.
Linda S. Fisher
303 7th St.
Coralville, IA 52241-2015
354-5553
PS: If I could, I would swap Coral Ridge Mall (with the exception of Old
Country Buffet) for Hickory Hill Park--any would-be takers? HHP has the
potential, with the P-C acres, to be the preeminent city nature
experience for many generations to come, whereas Coral Ridge may cease
to be a destination mall within a few short years once West Des Moines,
Davenport, and others provide big competition.
Marian Karr
From: tbone-horse@webtv, net
Sent: Monday, March 18, 2002 6:53 AM
To: cou ncil@iowa-city.org
Subject: Addendum to Fri., Mar. 15 email
Due to the glories of increasing age and overload, I forgot to include
elements of a possible vision for the Press-Citizen acres if all can be
purchased for inclusion in Hickory Hill Park. One reason The Nature
Conservancy will not participate in funding these acres is because this
land is not pristine: although it is covered with grasses and some
wildflowers, attractive to grassland-loving species of insects and
birds, this is not undisturbed prairie. However, it could be restored
over a period of years with native, wild species typical to shortgrass
prairie. This could be done as a bifunctional educational and ecological
activity by K-12, Scout, and college students (especially environmental
engineering and botany majors) in a priceless hands-on learning
experience under the direction of knowledgeable leadership provided by
teachers, Friends of HHP, Scout leaders, and so on. Detailed manuals on
prairie restoration, including seed-source information, are available,
including an excellent book, "A Practical Guide to Prairie
Reconstruction," written by Iowan Carl Kurtz and published in 2001 by
Iowa City's own University of Iowa Press for The Nature Conservancy,
Iowa Chapter. Although prairie restoration is not simple, it is also not
rocket science. Restoring the Press-Citizen aces would take a period of
several years because this is highly erodible land, particularly
vulnerable on the slopes (and most of the area is sloped, or the
critical environmental overlay would not have been in effect in
development plans). Only small portions could be done in any one area in
any year. But this could give several groups of young people, and
numbers of older but young-at-heart folks, the experience that could
enable them to contribute positively in other settings where such
restoration would be advantageous. And it would give Iowa City, an
educational leader of considerable renown, its own unique, precious
environmental learning laboratory, a model for other localities.
Fulfillment of this vision depends initially and almost entirely on
the willingness of the developers to sell all the acres they are in the
process of acquiring from the P-C. If they agree to do this at an
affordable price, they will provide to Iowa City one of the greatest
opportunities in its distinguished history!! It's a huge lot to ask.
Thousands of us can only hope that these two gentlemen care so much
about Iowa City's future that they are willing to give up much of the
considerable profit they would make from this crucial tract of land. If
they do, I believe the ultimate, eternal worth of this gift will be even
beyond that of the incredibly significant Carver contributions to the
University!!
Wishing and hoping for the best for the long-term good of Iowa
City,
Linda S. Fisher, 9-year Iowa City resident, now located at 303 7th
St., Coralville {since 1979]
To: Iowa City Councilors
From: Friends of Hickory Hill Park
Date: March 19, 2002 ·
· The Friends o£Hickory Hill Park restate our concern regarding the proposed Hickgry
~.o. ~oxa4a~ Heights plat. While we understand that the developer has met the minimum requirements
I~a ¢~. ~o~a of our zoning ordinances and subdivision regulations, we still feel this development poses a
5~.~4-4-348q threat to the integrity of the park. We, along with other individuals and groups, ask the City
to go the extra mile to ensure Hickory Hill Park.is protected.
...between F~rst
· The Iowa City Northeast District Plan calls for conservation residential designs to be used
Avenue ar!d Hickory Hill Park to provide a buffer between the residential development and the park." In order
to sustain the environmental quality and habitat of the sensitive parkland the developer, as a minimum, should
provide a conservation easement as a buffer, Because this development does not minimize the impact on the
park vistas and habitat, it is not consistent with the City's Comprehensive Plan~
· The Friends agrees with the Planning StaW s recommendation to shorten the cul-de-sac by 200 feet and group
the houses closer together at the top of the ridge to minimize the impact on both the park and the vista.
· The Iowa City Parks and Recreation Commission shares our concern with this plat stating, "...the commission
is troubled w~ith the development in its present form and is willing to ,support community efforts to discover
~lternatives intended to protect Hickory Hill Park."
· The Friends are also uneasy about the impact that construction of this development may have on the landscape.
· We agree with the statements in the memo sent to the city by the Johnson County Soil and Water Conservation
District that greater efforts can be put forth by the developer and engineers to control erosion and water runoff.
· We are also concerned about the storm water pipe that runs to the stream and the erosion it is likely to cause to
the bank not to mention the particles (sand, salt, chemicals, etc.) that it will carry into the park.
We are not opposed to the idea of developmex~t, but for all of the above reasons we feel there is more that should
be done by the City in the platting process for this development to minimize its impact on the park, on the vistas
and on the habitat. We ask that you do ~ill you can to buffer~Hickory Hill Park for the public's enjoyment now, and
for future generations to come.
Questions regarding this memo can be directed to Stacy Van Zante, FHHP Co-Chair at 351-8662.
NOTICE OF PUBLIC HEARING
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City of
Iowa City, Iowa will conduct a public hearing on
the City's FY2003 Iowa DOT Consolidated Transit
Funding grant application. The application will be
for approximately $289,011 (3.106570%) in Iowa
DOT state transit assistance formula funds to be
used for operating and/or purchasing capital items
for Iowa City Transit during FY2003. Said
application will also include a listing of projects to
be applied for in FY2003 from the Federal Transit
Administration (FTA) Section 5307 and/or Section
5309 programs~ The FTA Section 5307 program
provides formula federal funds to be used for the
operating and capital needs of Iowa City Transit.
Section 5309 is a discretionary capital funding
program. Section 5307 and/or Section 5309
projects to be applied for in FY2002 include (total
cost and federal amount):
1. Operating assistance (FTA) - approx.
$394,787
2. Construct Near Southside Transportation
Center (Phase III) - Total Cost - $10,049,974
- FTA - $8,039,979
3. Transit associated capital maintenance -
Total - $138,429 - FTA - $110,743
4. Purchase 8 light-duty 176" replacement
paratransit vehicles (6139, 6220, 6221, 6222,
6223, 6225, 6226 & 6138) Total - $464,000 -
FTA - $385,120
5. Purchase 6 40' heavy-duty replacement
buses (633-638) - Total - $1,692,000 - FTA -
$1,404,360
6. Purchase replacement coin sorter - Total -
$10,000 - FTA - $8,000
TOTAL FUNDS = $12,354,403
FTA FUN DS - $10,342,989
Additional projects may be added before the
public hearing is held.
The public hearing will be held at 7:00 p.m. on
March 19, 2002, in the Council Chambers of the
Iowa City Civic Center, 410 E. Washington Street,
Iowa City.
A preliminary application will be on file March 4,
2002 at the JCCOG Transportation Planning
Division Office, Iowa City Civic Center, 410 E.
Washington Street, Iowa City, and may be
inspected by interested persons. Any questions
or comments regarding the application, the
projects, or the public hearing, should be directed
to Kevin Doyle, JCCOG Assistant Transportation
Planner (319-356-5253) or e-mail kevin-
doyle@iowa-city, org
The projects are in conformance with the
JCCOG Urbanized Area Transit Plan for the Iowa
City Urbanized Area.
Any interested persons may appear at the public
hearing for the purpose of making objections or
comments. Written comments will be accepted
by JCCOG at the above address through the date
and time of the hearing specified above. This
notice is given by the City Council of the City of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
CITY OF IOWA CITY, IOWA
jccogtp\fy95sta\lCTnph.doc
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
19th day of March, 2002, at 7:00 p.m. in the
Emma Harvat Hall of the 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 an Ordinance
regulating and restricting the use and height
of structures and objects of natural growth in
the vicinity of the Iowa City Municipal Airport
by creating appropriate zones and
establishing boundaries thereof, defining
certain terms used in said ordinance,
referring to the Iowa City Municipal Airport
zoning map as pad of the ordinance,
establishing an Airport Zoning Commission,
establishing an Airport Zoning Board of
Adjustment, and providing for enforcement
and imposing penalties.
Copies of the proposed ordinance are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK
AN ORDINANCE REGULATING AND RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN THE VICINITY OF THE IOWA CrrY MUNICIPAl. AIRPORT BY CREATING APPROPRIATE
ZONES AND ESTABLISHING BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED HEREIN: REFERRING
TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF
THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING
BOARD OF ADJGSTMENT: PROVIDING FOP, ENI~'ORCEMF~NT: AND IMPOSING PENAI.TIES.
This ordinance is adopted pursuant to the authority conferred upon the City of Iowa City, and the Johnson
County Board of Supervisors by the provisions of Chapter 329 of the Iowa Code, granted to
municipalities, and relating to the prevention of hazards and non-compatible land uses in the vicinity of
airports by establishing Airport Zoning Regulations. It is hereby found that:
1. The Government of the United States of America has taken unto itself the sole authority to regulate
the operation and control of aircraft[ in flight, and has enacted certain federal regulations for the
purpose of protecting the health, safety and general welfare of persons on the ground and of
occupants of aircraft, in flight, and the property of those persons.
2. The health, safety and general welfare of the residents and occupants of thc City of Iowa City, Iowa,
and Johnson County, Iowa, and the users of the Iowa City Municipal Airport, depend upon the
knowledge of, and adherence to, federal regulations that have been enacted.
3. Obstructions in the pathway of aircraft in flight, and certain uses of the land underlying those
pathways constitute a hazard to the health, safety and general welfare of the occupants and users of
the land, and to the property of said occupants and users. The creation, establishment or maintenance
of such hazards is a public nuisance and an injury to the people of the City of Iowa City, and Johnson
County.
4. Failure to adhere to the established principles and practice of safe use of the airspace and land in the
vicinity of the Iowa City Municipal Airport could impair or destroy the utility of the Airport and the
public investment therein.
Accordingly it is declared that:
1. The prevention of obstructions and non-compatible land uses should be accomplished, to the extent
legally possible, by proper exercise of the police power, without compensation.
2. The mitigation of non-compatible uses and hazards to safe air navigation by prevention, removal, or
alteration, or the marking and lighting of obstructions are public purposes for which the City of Iowa
City, and Johnson County may raise and expend public funds, and acquire land or interests in land.
3. A hazard created by failure to comply with the provisions of this ordinance may be abated in the
manner prescribed by law for the abatement of public nuisances.
Howard R. Green Company C:~ly Docurnents~lRG~i~port Zoning - IOW.doc Page I or 2
IT IS HEREBY ORDAINED BY the City of Iowa City, and Resolved by the Johnson County Board of
Supervisors as Follows:
SECTION 1: SHORT TITLE:
This ordinance and resolution shall be known and may be cited as "The Iowa City Municipal Airport
Zoning Ordinance" or "The Airport Zoning Ordinance."
SECTION II: DEFINITIONS
For the purposes of this ordinance, the following definitions shall apply unless the context requires
otherwise. In each case the singular shall include the plural and the plural shall include the singular.
1. AIRCRAFT - Any human controlled contrivance used or designed for carrying humans in flight
through the air, but not including parachutes.
2. AERIALNAVIGATION - The movement of an aircraft through the air.
3. AIRPORT -- The Iowa City Municipal Airport
4. AIRPORT COMMISSION - The Iowa City Municipal Airport Commission or its duly appointed
representative.
5. AIRPORT ELEVATION - 684-feet above mean sea level (MSL).
6. AIRPORT ~ - Any structure or tree or use of land which would exceed the Federal
obstruction standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise
hazardous to the landing or departure of any aircraft at the Airport, or hazardous to persons or
property on the ground. Any structure or tree that the Federal Aviation Administration has found,
or determined, to be a hazard.
7. AIRPORT H.~d'd) AREA - Any area of land or water upon which an airport hazard nfight be
established if not prevented as provided by this ordinance.
8. BUILDING OFFICI/~L - The Building Official of Iowa City, Iowa, or a duly authorized designee
thereof.
9. CITY -The City of Iowa City, Iowa.
10. COUNTY -- Johnson County, Iowa.
11. FEDERAL AVIATION ADMINISTRATION (FAA) - An agency of the United States Government that
administers the Federal regulations that relate to the use and flight of aircraft, and related
regulations. The location of the controlling FAA office may be found in Appendix I of this
ordinance.
12. INNER EDGE -- That edge of any zone that is closest to the runway end to which the zone applies.
The inner edge is perpendicular to the runway centerline.
13. NON-COMPATIBLE USE - Any activity that would degrade the safety of people on the ground, or
occupants of aircraft in flight, including but not limited to, putrescible waste landfills, smoke or
steam producing activities, any activity that would produce electrical or radio signal interference
not compatible with safe operation of an aircraft, and those that lead to an assembly of people,
including, but not limited to, residences, churches, schools, athletic fields, hospitals, office
buildings, shopping centers, and other uses with similar concentrations of persons.
14. NON-CONFORMING STRUCTURE - Any structure or portion of any structure that is located within
or underlying any of the zones created by this ordinance and that does not conform to the height
and/or use provisions of this ordinance.
15. OBSTRUCTION - Any structure or tree, the height of which exceeds that which is allowed by this
ordinance.
Howard R. Green. Company C:'~ly Documents~.lRG~Airport Zoning - IOW.doc Page 2 c~ 2
16. PERSON - Any individual, company, association, joint stock
association, or body politic, and includes any trustee, assignee or other similar representative
thereof.
17. RUNWAY THRESHOLD - A designated point on any Airport runway that establishes the end of the
runway. The Runway Threshold may or may not correspond with the end of the paved portion of
the runway.
18. STRUCTURE -- Any object, whether permanent or temporary, stationary or mobile, constructed or
installed by humans, including but not limited to; buildings, towers, smokestacks, scaffolds,
lighting fixtures, public and private roads, railways, and overhead transmission lines, including
poles or other structures supporting the same.
19. TREE - Any object of natural growth.
20. ZONING Pd)MIN1STRATOR - The Zoning Administrator of Johnson County, iowa, or a duly
authorized designee thereof.
SECTION ltl: AIRPORT ZONES
In order to carry out the provisions of this section there are hereby created and established certain zones
which are described herein and depicted on the Iowa City Airport Zoning Map, which is hereby made a
part of this ordinance. Any structure or tree located in more than one zone is considered to be only in the
zone with the more restrictive height and use limitation. The various zones hereby established and defined
are as follows.
A. Approach Overlay Zone- (AO) Defined. The airspace above a sloping plane extending outward
from each end of each runway, rising uniformly at a fixed ratio, and of fixed size, through which
aircraft commonly operate when arriving at, and departing from, the Airport. AO zones vary in
size and slope based upon the present or future use that can be expected for each Airport runway.
The AO Zones at the Airport are as follows:
1. Runway 25 (AO25) - Beginning 200 feet beyond the runway threshold to the northeast, and
centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet
wide, expanding uniformly to an outer edge width of 16,000 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the eonterline. For each 50 feet of
,horizontal distance, the floor of the zone rises from the inner edge one foot (50:1) for a
I.~ r~iorizontal distance of 10,000 feet, and then rising, for each 40 feet of horizontal distance, one
foot (40:1.) for an additional distance of 40,000 feet.
2. Runway 7 (AO7) - Beginning 200 feet beyond the paved portion at the end of the runway and
centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline. For each 20 feet of
horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing
for a total horizontal distance of 5,000 feet.
3. Runway 30 (AO30) - Beginning 200 feet beyond the threshold at the southeast end of the
runway and centered on the extended centerline of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline. For each 34
feet of horizontal distance, the floor of the zone rises fi.om the inner edge one foot (34:1), for
a total horizontal distance of 10,000 feet.
Howard R. G men Company C:Wly Docurnents~HRGV~irport Zoning - IOW.doc Page 3 o~ 3
~.g~ d~t,7 h dofthe
4. Runway 12 (AOI2) - Begmnin n he paved portion at t e en runway
and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline. For each 20 feet of
horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing
for a total horizontal distance of 5,000 feet.
5. Runway 36 (AO36) - Beginning 200 feet beyond the paved portion at the south end of the
runway and centered on the extended centerline of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline. For each 34
feet of horizontal distance, the floor of the zone rises from the inner edge one foot (34:1), for
a total horizontal distance of 10,000 feet.
6. Runway 18 (AO18) - Beginning 200 feet beyond the threshold at the north end of the runway
and centered on the extended eenterline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline. For each 20 feet of
horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing
for a total horizontal distance of 5,000 feet.
Height Limitations:
1. Except as otherwise provided herein, no person shall construct or alter any structure, nor
plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein.
2. No person shall establish or maintain any private roadway in any location that would result in
penetration of any AO zone by any portion of any vehicle that shall be permitted to operate
upon such roadway.
B. Controlled Activity Zone- (CA) Defined. An area of fLxed size, underlying the innermost portion
(closest to the runway end) of the AO zone for that runway, descending from the floor of the AO
zone to the ground. The width and length of CA zones may vary, and may be different on each
runway end. The CA zones for the Airport are as follows:
1. Runway 25 (CA25)- Underlying the innermost 1,700 feet of the AO zone at the northeast end
of the runway, the width of the CA zone is 1,000 feet at the inner edge and expands
uniformly to a width of 1,510 feet
2. Runway 7 (CA7)- Underlying the innermost 1,000 feet of the AO zone at the southwest end
of the runway, the width of the CA zone is 500 feet at the inner edge and expands uniformly
to a width of 700 feet.
3. Runway 30 (CA30) - Underlying the innermost 1,000 feet of the AO zone at the southeast
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
4. Runway 12 (CAI 2) - Underlying the innermost 1,000 feet of the AO zone at the northwest
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
Howard R. Green Company C:~ly Documents~-IR(3~Jq~ort Zoning - IOW.doc Page 4 c~ 4
the runway, the width of each CA zone is 500 feet at the inner edge, expanding uniformly to a
width of 700 feet.
6. Runway 18 (CA18) - Underlying the innermost 1,000 feet of the AO zone at the north end of
the runway, the width of the CA zone is 500 feet at the inner edge, expanding uniformly to a
width of 700 feet.
Use Limitations
1. No person shall establish or maintain any non-compatible use in any Controlled Activity Zone.
2. No structures, other than airport stracmres, the location of which is dictated by function, either
permanent or temporary, shall be permitted in the following Controlled Activity Zones:
CA7, CA18, CA25
C. Horizontal Overlay Zone (HO) Defined. The airspace above a horizontal plane, the perimeter of
which is established by swinging arcs of 10,000 foot radii from the center of the inner edge of the
AO zones of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the inner
edge of the AO zone of runway 12, 7, and 18, and connecting the adjacent arcs by lines tangent to
those arcs. The floor of the HO zone is 150 FT above the Airport elevation, or 834 feet above
mean sea level.
Height Limitaf~on:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow
any tree, so as to penetrate the Horizontal Overlay zone created herein.
D. Transitional Overlay Zone (TO) Defined. The airspace above a sloping plane along each side of
each runway, and from the sides of each AO zone. For each 7 feet horizontally the floor of the
zone rises at the rate of 1 foot of elevation (7:1) The TO zones for the Airport are as follows:
1. Runway 25 (TO25) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at fight angles to the runway center line, and from each side of
the AO zone at the northeast end of the runway, at right angles to the extended runway center
line. The TO zone is interrupted at the point where it intersects the HO zone, and resumes at
the outer edge of the CO zone (see Section III, E, below) and continues outward at fight
angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of
the AO zone.
2. Runway 7 (TOT) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at right angles to the runway center line, and from each side of
the AO zone at the northwest end of the runway, at fight angles to the extended runway
center line. The TO zone ends at the point where it intersects the HO zone.
3. Runway 30/12 (TO30/12) - Along each side of the runway, beginning at a point 250 feet from
the center line of the runway and at fight angles to the runway center line, and from each side
of the AO zone at each end of the runway at fight angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
Howard R. Green Company O:\Proj\176560J~,~rport Zoning - IOW.doc Page 5 of 12
4. Runway 36/18 -- b point 250 feet from
(TO36/18~long~c~eo~erunway, eginning at a
the center line of the runway and at right angles to the runway center line, and from each side
of the AO zone at each end of the runway, at right angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
Height Limitations:
1. Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate any Transitional Overlay zone created herein.
2. No person shall establish or maintain any private roadway in any location that would result in
penetration of any Transitional Overlay zone by any portion of any vehicle that shall be
permitted to operate upon such roadway.
E. Conical Overlay Zone (CO) Defined. The airspace above a sloped horizontal plane beginning at
the periphery of the HO zone. For each 20 feet horizontally, the floor of the zone rises one foot in
height (20:1) for a horizontal distance of 4,000 feet.
Height Limitations:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow
any tree, so as to penetrate the Conical Overlay zone created herein.
SECTION IV: GENERAL ZONING REGULATIONS
A. Except as otherwise provided herein, no person shall construct or alter any structure in any zone
created herein without having first obtained a building permit from the Building Official or a
Zoning Permit from the Zoning Administrator. No person shall be issued a permit for any
construction or alteration without a determination or finding from the FAA. (See Section VI B.,
below.) Such fmding or determination shall not fred or determine that the proposed construction
or alteration:
1. Would create a hazard.
2. Would establish a non-compatible use.
3. Would endanger the general safety, health and welfare of persons in the vicinity of the
Airport, or occupants of aircraft in flight.
4. Would result in the raising of the minimum instrument flight altitude of any Federal Airway,
approved off-airway route, or instrument approach procedure to the Airport.
B. Except as otherwise provided herein, no person shall occupy any structure in any zone created
herein without having first obtained an occupancy permit from the Building Official or Zoning
Administrator. No occupancy permit obtained for a specific use shall apply to any other use. No
person shall be issued an occupancy permit for any non-compatible use.
C. No person shall establish or maintain any private roadway in any location that would result in
penetration of any zone created herein by any portion of any vehicle that shall be permitted to
operate upon such roadway.
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D. Notwithstanding any other provtsion of this ordinance, no person shall, in any zone created by
this ordinance, or upon any land or water underlying such zones:
1. Establish any putrescible waste landfill.
Create, alter, or maintain any structure or use that would create a bird strike hazard.
3. Create, alter, or maintain any structure or use in such a manner as to create electrical or radio
interference with aviation navigational signals or aircraft communications.
4. Install, align or use any lighting devices that make it difficult for pilots to distinguish between
airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility.
5. Produce steam, smoke, or other visual hazard that would impair visibility.
6. Create, alter, or maintain any structure or use that would endanger or interfere with landing,
takeoff or maneuvering of any aircraft[.
7. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can
be expected to grow into any zone created herein.
SECTION V: LIGHTING AND MARKING
A. Notwithstanding any other provision of this ordinance, any person constructing or altering any
structure located in any zone created by this ordinance shall install all lighting or markings upon
said structure as shall be recommended by the FAA as a part of its review of the applicant's
Notice of Proposed Construction or Alteration. Such lighting or markings shall be made in a
manner consistent with FAA Regulations and Advisories.
B. Any permit or variance granted under the provisions of this ordinance may be so conditioned so
as to require the owner of the land, structure, or tree in question to permit the City or County, at
its own expense, to install, operate, and maintain such lighting and/or markings as the City or
County deems necessary to indicate to operators of aircraft the presence of an airport obstruction.
SECTION VI: ADMINISTRATIVE PROCEDURE
A. The Building Official or Zoning Administrator shall perform the administration of these zoning
regulations.
B. Any person who proposes to construct or alter any structure in or underlying any of the zones
created herein shall notify the Administrator, Federal Aviation Administration, by sending one
executed form set (four copies) of FAA form 7460-1, Notice of Proposed Construction or
Alteration, to: Manager, Air Traffic Division, FAA Regional Office, Central Region. (See
appendix 2). Such notice shall be sent at least 30 days prior to the earlier of the following dates:
1. The date the proposed construction or alteration is to begin.
2. The date an application for a building permit or occupancy permit is to be filed.
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C. In the event of an emergency revolving, c~,Ual services, public health, or public safety
that requires immediate construction, the Buildin Official, or Zoning Administrator, may waive
the 30 day notice requirement, providing that the applicant complies with the requirements of
14 CFR FAR, Part 77.17 (d).
D. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not
issue any building permit or occupancy permit without first:
1. Having received from the applicant a copy of the applicable FAA form 7460-1, as submi~ed
under paragraph B. of this section, and the corresponding finding or determination from the
FAA that the proposed construction or alteration complies with SECT1ON IV of this
ordinance.
2. Having determined that the proposed use is not non-compatible, and is consistent with the
zoning provisions contained herein.
E. EXCEPTIONS: No FAA form 7460-1 is required to be submitted to the FAA or to the Building
Official or Zoning Administrator for a building permit for construction or alteration of any
structure which the Building Official or Zoning Administrator has determined that:
1. The proposed structure meets the requirements for shielding. Each and all of the following
requirements are required for a determination of shielding.
a. The property upon which the construction or alteration is proposed is located within the
congested area ora city.
b. The proposed structure does not lie within any CA zone.
c. There exists a structure or structures of a permanent and substantial nature at least as tall
and at least as wide as the proposed structure, and which lie(s) between the location of
the proposed construction or alteration, and a point on the runway centerline at the
threshold of the closest end of the closest runway of the Airport.
d. The shielding structure is within 500 feet of the structure that is proposed for construction
or alteration.
e. It is evident beyond a reasonable doubt that the shielded structure will not adversely
affect aerial navigation.
2. The proposed structure is an antenna that is no greater than 20 feet in height, and docs not
increase the height of an existing antenna structure.
3. The proposed structure is an airport, aerial navigation, or meteorological device, of a type
approved by the FAA, the location and height of which is fixed by function.
4. No Form 7460-1 is required by virtue of the provisions of FAR Part 77. This exception does
not apply to structures located in any CA Zone.
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SECTION VII: NON-CONFORMITIES
A. The regulations prescribed herein are not retroactive and shall not be construed to require the
removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any
structure made non-conforming by the adoption of this ordinance.
B. Nothing contained herein shall require any change in the construction or alteration, or the
intended use of any structure, the construction or alteration of which was begun prior to the
effective date of this ordinance, and which was conforming prior to the adoption of this
ordinance, and is completed within one year thereafter.
C. No pre-existing non-conforming structure, use, or tree shall be rebuilt, altered, allowed to grow
higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that
these regulations were adopted.
D. Whenever the Building Official or Zoning Administrator determines that a non-conforming
structure has been abandoned, or more than 50% torn down, physically deteriorated, damaged, or
decayed, no building permit or occupancy permit shall be issued that would allow such structure
to exceed the applicable height and use provisions of this ordinance. Any tree so damaged or
destroyed shall be subject to the provisions of SECTION IV, C., 6., of this ordinance.
E. Not withstanding the previous provisions of this section the owner of any pre-existing non-
conforming structure or tree shall be required to permit the installation, operation, or maintenance
thereen of any markers and/or lights as shall be deemed necessary by the City or County to
indicate to the operators of aircraft, the presence of such structure or tree. Such markers and lights
shall be installed, operated, and maintained at the expense nfthe City or County.
SECTION VIII: AIRPORT ZONING COMMISSION
Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa City Municipal
Airport Zoning Commission, consisting of five (5) members, two (2) of whom shall be appointed by the
City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County,
and one additional member whom shall be selected by a majority vote of the City and County appointed
members, and who shall serve as Chairperson of said commission. The terms of such members shall be as
provided by Section 329.9 of the Iowa Code.
SECTION IX: A1RPORT ZONING BOARD OF ADJUSTMENT
Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be an Iowa City Municipal
Airport Zoning Board of Adjustment, consisting of five (5) members, two (2) of whom shall be appointed
by the City of lowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson
County, and one additional member whom shall be selected by a majority vote of the City and County
appointed members, and who shall serve as Chairperson of said Board. The terms of such members shall
be as provided by Section 329.12 of the Iowa Code. The Airport Zoning Board of Adjustment shall have
the duties and powers established by the Iowa Code.
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SECTION X: SPECIAL EXCEPTIONS
A. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board)
may, based upon a written determination from the FAA, reverse any order, requirement, decision
or determination of any administrative official and may modify the provisions of this ordinance in
favor of an applicant, providing:
I. Any height or use limitations contained in this ordinance that is modified by the Board shall
not result in a hazard to any aircraft in flight.
2. No use of land shall be permitted that would not be compatible with airport operations.
B. Any application for a special exception to the provisions of this ordinance shall include as a part
thereof, the written determination of the FAA pertaining to the application, and no application
shall be set for hearing by the Board in the absence of such FAA determination.
SECT[ON XI: VAPdANCES
A. Any person desiring to construct or alter any structure, or permit the growth of any tree, or
otherwise use property in a manner that would constitute a violation of this ordinance, may apply
to the Board for a variance from these regulations. The Board shall consider no application for a
variance to the requirements of this ordinance unless a copy of the application has been submitted
to the Airport Commission for their opinion as to the aeronautical effects of such a variance. If
the Airport Commission fails to respond to the Board within forty-five (45) days from its receipt
of the copy of the application, the Board may make its decision in the absence of the Airport
Commission opinion. Such variances may be granted by the Board only where the literal
application of these regulations would result in unnecessary hardship, and are subject to the
following:
1. Such variance would not be contrary to the public interest.
2. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code.
3. Such variance shall be granted subject to any reasonable conditions that the Board may deem
necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa Code.
4. Such variance be subject to the requirement that the applicant shall install, operate, and
maintain such markings and lighting, at the applicant's own expense, as may be necessary to
indicate to aircraft operators the existence of an airport obstruction as determined by the
Board.
5. Such variance shall be subject to the reservation of the right of the City and the Airport, at
their own expense, to go onto applicant's property to install, operate, and maintain thereon
such FAA approved markers and lights as may be necessary to indicate to operators of
aircraft the existence of an airport obstruction.
B. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment
may appeal such decision, pursuant to the provisions of the Iowa Code.
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SECTION XlI: ENFORCEMENT
Enforcement of the provisions of this ordinance shall be the responsibility of or
such person(s) as the shall, from time to time direct. However
such duties of enforcement and administration shall not include any of the powers herein delegated to the
Airport Zoning Board of Adjustment.
SECTION XIII: EQUITABLE REMEDIES.
The City or the Airport may, pursuant to Section 329.5 of the lowa Code, maintain an action in equity to
restrain and abate as a nuisance the creation, establishment or maintenance of an airport hazard, in
violation of any provision established by this ordinance, on any property, whether within or without the
territorial limits of the City.
SECTION XIV: PROHIBITED ACTS
Except as herein provided, it shall be unlawful for any person to construct or alter any structure, use any
land, or grow any tree in violation of the provisions of this ordinance.
SECTION XV: PENALTIES
Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon
conviction, shall be punished by a fmc not to exceed $100 or by imprisonment in the county jail for not
more than 30 days, or both. Each day a violation occurs or continues to exist shall constitute a separate
offense.
SECTION XVI: CONFLICTING REGULATIONS
In the event of any conflict between regulations contained in this ordinance and any other regulations
applicable to the same area, whether the conflict be with respect to height of structures or trees, use of
structures or land, or any other matter, the more stringent limitation or requirement shall prevail.
SECTION XVII: REPEALER
All ordinances and parts of ordinances of that are in
conflict with any provision of this ordinance are hereby repealed.
SECTION XVIII: SEVERABILITY
If any section, provision, or part of this ordinance shall be adjudged to be invalid, such adjudication shall
not affect the validity of this ordinance as a whole, nor any section, provision or part thereof not adjudged
invalid.
SECTION XIX: EFFECTIVE DATE
This ordinance shall be in effect immediately after its final passage by
and publication, as required by law.
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APPENDIX I
The controlling Federal authority for the Iowa City Municipal Airport is:
Federal Aviation Administration, Central Region
Office of the Manager, Airports Division
901 Locust
Kansas City, MO 64106-2641
APPENDIX II
Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to:
Federal Aviation Administration
Manager, Air Traffic Division
901 Locust
Kansas City, MO 64106-2641
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of
Iowa City, Iowa, will hold a public hearing on the
19th day of March, 2002, at 7:00 p.m. in the Civic
Center, Emma J. Harvat Hall, 410 E. Washington
Street, Iowa City, Iowa, or if said meeting is
cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk; at which
hearing the Council will consider a resolution
authorizing conveyance of the north 182 feet of
the alley in Block 102, located between Burlington
and Court Streets.
Copies of the proposed resolution are on file for
public examination in the office of the City Clerk,
Civic Center, 410 E. Washington St., Iowa City,
Iowa. Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Mit ch/A/N STC/hieronymi/alleycon vey/n ph-convey.d oc
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
19th day of March, 2002, at 7:00 p.m. in the
Emma Harvat Hall of the 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 a Resolution
Authorizing Conveyance of an approximately
43,000 square foot parcel of undeveloped
Northgate Drive in Iowa City to Northgate
Park Associates.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
19th day of March, 2002, at 7:00 p.m. in the
Emma Harvat Hall of the 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 a Resolution
Authorizing Conveyance of the vacated West
Benton Court right-of-way, a 15,577 square
foot parcel lying North of Benton Street and
West of Oaknoll Retirement Residence, to
Christian Retirement Services, Inc.
Copies of the proposed resolution are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK