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HomeMy WebLinkAbout2002-04-02 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 2nd day of April, 2002, 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. Amendments to the Comprehensive Plan, South District Map to show the general alignment of a future east-west arterial street between Gilbert Street and Scott Boulevard generally located south of the current City limits and to amend the text of the plan to refer to the alignment. 2. Amendments to the Comprehensive Plan to provide for the location of large apartment complexes and to amend the South District Plan land use map to depict multi-family development on the east side of South Gilbert Street east and south of Napoleon Park. 3. ordinance rezoning 17.64 acres from~ An Interim Development Single Family (ID-RS)~ and Interim Development Multi-Family (ID-% RM) to Planned Development Housing\ Overlay-12 (OPDH-12)to allow 168 ,~ dwellings in 18 buildings located on the east/ ~_iadnee.Of Gilbert Street south of Napoleon/ 4. An ordinance rezoning 5.45 acres from Rural Residential (RR-1) and Interim Development Single Family Residential (ID- RS) to Low Density Single Family Residential (RS-5) located at the northwest corner of Rohret Road and Phoenix Drive. 5. An ordinance amending the Neighborhood Commercial, CN-1, zone to broaden the uses allowed and to revise the dimensional requirements and design provisions. 6. An ordinance amending the Zoning Code, Article O, Sign Regulations, to permit portable signs in the Central Business Service, CB-2, Central Business Support, CB-5, and Central Business, CB-10, zones. 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: Karen Howard, Associate Planner, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO, RESOLUTION AMENDING THE COMPREHENSIVE PLAN, SPECIFICALLY THE SOUTH DISTRICT PLAN, TO DEPICT THE GENERAL LOCATION OF AN EAST-WEST ARTERIAL STREET, WHICH WILL CONNECT SOUTH GILBERT STREET TO SCOTT BOULEVARD. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land-use planning guide by outlining the location of particular land uses throughout the City, and also provides notification to the public regarding intended uses of land; and WHEREAS, the Comprehensive Plan, and specifically the South District Plan, should be amended to reflect the future location of significant public infrastructure such as future arterial streets; and WHEREAS, the Planning and Zoning Commission has reviewed the location of the proposed east-west arterial street and has recommended the amendment of the Comprehensive Plan, specifically the South District Plan and its Future Land Use Scenario, to reflect the location of the proposed east-west arterial street; and WHEREAS, the location shown on the map has several advantages over other alignment options, including that it is more centrally located and shorter than other proposed routes and therefore will better serve the traffic needs of the entire district, define future neighborhood boundaries, prevent neighborhood cut-through traffic, eliminate an unnecessary arterial street intersection at Gilbert Street and the south leg of Sycamore Street at Sand Road, and will be less costly to build and maintain; and WHEREAS, the central location of the east-west arterial street supports the desired land use development pattern envisioned in the South District Plan, including development of a neighborhood commercial area in the location envisioned in the South District Plan and development of a more complete neighborhood to the south of the arterial. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Future Land Use Scenario map of the South District Plan is hereby amended to reflect the conceptual alignment of a centrally located east-west arterial street between Gilbert Street and Scott Boulevard as shown on the attached map; and the text of the South District Plan is hereby amended as follows: Page 9: Replace the first paragraph under Streets/Roads with the following text: Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the principle streets that currently serve the South District. These arterial streets serve as neighborhood edges, and provide the framework for development in the South District. Segments of these streets need to be upgraded to city design standards, and an east-west arterial street or parkway should be constructed between Gilbert Street and Scott Boulevard in the general location shown on the Future Land Use Scenario updated in February of 2002. Long-range plans show this arterial street extending to the west and crossing the Iowa River to Mesquakie Park and connecting to Mormon Trek Boulevard as it is extended across the South Central District. A modified grid of collector and local streets are envisioned to complete the necessary street network. Page 10: Add the following guideline for Streets/Roads: o Design the east-west arterial street in a manner that avoids to the extent possible sensitive environmental features of the land and important archeological sites. These are described more fully in Appendix A. Passed and approved this .day of ,2000. Mayor ATTEST: City Clerk Approved by: City Att'orney's Office South District Future Land Use Scenario February 2002 si.g,. Family / General t Duplex and/or [ I M~ufac~r~ Hou~ng 1 / ~tm~ ~ Water DEPARTMENT OF PLANNING AND COMMUNI~ DEVELOP~, CI~ OF IOWA CI~ City of Iowa City MEMORANDUM February 14, 2002 TO: Planning and Zoning Commission ~ t~ From: Karen Howard, Associate Planner~~'' Re: South District East-West Arterial S r~t~eet Alignment Last year the Planning and Zoning Commission recommended and the City Council approved a change to the South District Plan. This change reflects a decision made during planning for the South Central District to locate an east-west arterial street that crosses the Iowa River north of Mesquakie Park and runs south of the Iowa City Public Works Facility to intersect with South Gilbert Street. However, this amendment did not address where this aderial street should cross the remainder of the South District. It is important to establish a general alignment for this east-west arterial in the South District Plan in order to ensure that the future transportation network in the South District works efficiently to move traffic between neighborhoods and is sensitive to environmental features and future land uses planned for this area, At your meeting on December 20, 2001, the Commission directed staff to gather public input and analyze three different options for a future east-west arterial street alignment (see the attached map). On January 8, staff met with South District neighborhood associations and other interested citizens to discuss these three options in the context of the South District Plan. All written comments received from the public are attached to this memo. Background Currently the South District Plan indicates that an east-west arterial street will cross the Iowa River from Mesquakie Park on the west side of the river and make a t-intersection with South Gilbert Street south of the Iowa City Public Works Facility. The route then follows Gilbert Street south to a second t-intersection at Sycamore Street. The current planned alignment, however, is not the one originally anticipated at the time the South District Plan was adopted. In 1997 the City was just beginning to explore different options for an arterial street to cross the Iowa River. At the time the South District Plan was adopted it was thought that the crossing would be further south roughly in line with the bottom podion of the Sycamore Street "L" and would connect with the US 218 interchange. Later during development of the South Central District a more thorough environmental assessment was undertaken and it was decided that it would be more cost-effective and less environmentally damaging to build the river crossing further north adjacent to Mesquakie Park. It also made more sense from a traffic circulation perspective to connect the new alignment to Mormon Trek Boulevard rather than to the US 218 interchange. Amending the South District Plan The current arterial street alignment shown in the plan is the result of a series of decisions made subsequent to adoption of the South District Plan and may not necessarily be what would best serve future South District neighborhoods. Rather than allowing the street alignment to be determined in a piecemeal fashion as development proposals are received by the City, staff feels that the South District Plan should indicate in conceptual form the entire length of the future east- west arterial street that will eventually connect Gilbert Street and Scott Boulevard. Indicating a conceptual alignment in the plan will put property owners and developers on notice when property is annexed or rezoned for development. Given the topography, sensitive features, existing street network and infrastructure, and planning principles adopted in the South District Plan, staff has developed three different options for the Commission to consider. All of the alignments mentioned below cross land that is primarily used for agriculture and will not divide existing neighborhoods. Given that most of this area of the South District is undeveloped, the road can be designed to avoid sensitive environmental and archeological sites. In addition, if the street is designed in concert with the principles adopted in the South District Plan, it will help define neighborhood boundaries, create an attractive entrance to the South District, and most importantly move traffic efficiently between the various neighborhoods in the district and the rest of the City (see attached text from the South District Plan). The Commission should note that the east-west arterial street is not likely to be built for at least ten years. This analysis is not intended to substitute for the more detailed environmental assessment that will occur when the arterial street is designed for construction. For accuracy, such an assessment cannot occur more than a couple of years prior to actual construction. The Commission should keep in mind that any depiction of this route in the South District Plan will be conceptual and will be used to guide future decisions regarding the actual location and construction of this street in the future. Existing Alignment: Uses existing rights-of-way along Gilbert Street and Sycamore Street then curves along the edge of the South Sycamore Regional Stormwater Facility to connect with the agreed upon alignment through the Saddlebrook development (see attached map). Approximate length from Gilbert Street to Scott Boulevard: 15,320 feet. Pros: · The existing alignment uses existing public rights-of-way along South Gilbert Street and the south leg of Sycamore Street. Cost of acquiring land for streets is approximately 25 percent of the total cost of building a road, so the City may realize some savings by using this route.~ Cons: · The existing streets would eventually have to be upgraded to arterial street standards. One of the problems with the existing alignment is that it includes two arterial street intersections along Gilbert Street: where the arterial street intersects with Gilbert Street after crossing the Iowa River and again where Gilbert Street intersects with the bottom leg of the Sycamore Street "L" at Sand Road. Arterial street intersections are costly to build and interrupt the efficient flow of traffic. ~ Cost of land acquisition is difficult to discern. Typically, when land is annexed to the City, land is donated to the City for streets. So with Option A and B, if property for streets is donated to the city during annexation, as has been the practice in the past, the existing alignment option may have ne cost savings advantage over options A and B. · This route is greater in length than the other two options since it curves south and then back north again to avoid the South Sycamore Regional Stormwater Facility and must connect to the agreed upon alignment through the Saddlebrook development. This more circuitous route may result in more neighborhood cut-through traffic than either of the other two options, as drivers tend to seek more direct routes across the district. · The length of this route may also affect the cost relative to the other alignments, since construction costs represent approximately 75 percent of the total cost of designing and building a road. Another factor to consider with this alignment is that it will be necessary to build a bridge to cross the South Sycamore drainageway, which will add approximately $250,000 in current dollars to the cost of construction. Option A: Crosses Gilbed Street south of Olin Lloyd's property and then curves south to follow the sanitary sewer route to where it intersects with Sycamore Street. The street would then curve along the edge of the South Sycamore Regional Stormwater Facility and then northwards to connect with the agreed upon alignment through the Saddlebrook development terminating at Scott Boulevard (see attached map). Approximate length from Gilbert Street to Scott Boulevard: 14,590 feet. Pros: · An advantage of this alignment is that an environmental assessment has already been completed for the area along the sewer alignment and a route for a street has already been designed next to the regional stormwater facility. · This route eliminates the intersection at Gilbert Street and Sycamore Street at Sand Road and therefore would provide for a more efficient flow of traffic through the district than the existing alignment. When traffic flows efficiently along arterial streets, there is less of a tendency for drivers to seek alternative routes through neighborhoods. Cons: · This route is not the most direct route across the district from Gilbert Street to Scott Boulevard, since it curves south and then back north again similar to the existing alignment described above. As a consequence, drivers may seek out more direct routes along local and collector streets rather than using the arterial street. · The length of this alignment is greater than the more direct route represented as Option B, below. Therefore, the cost of construction and maintenance over time will be greater for this option than for option B. · If the street follows this alignment it will be necessary to build a bridge to cross the South Sycamore drainageway, which will add approximately $250,000 in current dollars to the cost of construction. · This route isolates a small future neighborhood south of the arterial and north of the sewer plant. Option B:_ Establishes a more direct east-west route across the district. The exact route would have to be determined based on the topography and environmental features of the area, but in general would cross the district from the established river crossing and run east to intersect with the agreed upon alignment through the Saddlebrook development (see attached map). Approximate length from Gilbert Street to Scott Boulevard: 12,030 feet. Pros: Option B has a number of advantages over either of the other two routes mentioned above. · It eliminates an unnecessary arterial street intersection at Gilbert Street and the south leg of Sycamore Street at Sand Road. · It provides a more direct route across the district and consequently will help prevent neighborhood cut-through traffic. · The South District Plan calls for a neighborhood commercial area centrally located along Sycamore Street. If an east-west arterial street crosses the district in this location it will make this area more economically viable as a neighborhood commercial area and as a consequence more likely to develop as envisioned in the South District Plan. · The cost of constructing and maintaining this route is likely to be less over the long run since it is considerably shorter in length than the other two options. · Since this route is further north, it will not be necessary to construct a bridge across the South Sycamore drainageway; this crossing can occur at grade. · Finally, this route has the advantage of being more centrally located within the district and therefore will better serve the traffic needs of the entire district. · This alignment allows development of a more complete neighborhood to the south of the arterial. Cons: · A more extensive environmental assessment is needed to determine the exact route if this option is chosen. · Property will have to be acquired for this alignment as land is annexed or rezoned for development. However, this may not be a factor, since the City typically acquires land for streets at no cost to the City as land is annexed or rezoned for development. Staff Recommendation As mentioned above, Option B has several distinct advantages over the other options listed. Therefore, staff recommends that the Commission amend the South District Plan Map to show Option B as the general alignment of the future east-west arterial street. In addition, staff recommends that the text of the South District Plan be amended as follows: Page 9: Replace the first paragraph under Streets/Roads with the following text: Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the principle streets that currently serve the South District. These arterial streets serve as neighborhood edges, and provide the framework for development in the South District. Segments of these streets need to be upgraded to city design standards, and an east-west arterial street or parkway should be constructed between Gilbert Street and Scott Boulevard in the general location shown on the Future Land Use Scenario updated in February of 2002. Long-range plans show this arterial street extending to the west and crossing the Iowa River to Mesquakie Park and connecting to Mormon Trek Boulevard as it is extended across the South Central District. A modified grid of collector and local streets are envisioned to complete the necessary street network. Page 10: Add the following guideline for Streets/Roads: D Design the east-west arterial street in a manner that avoids to the extent possible sensitive environmental features of the land and important archeological sites. These are described more fully in Appendix A. Robed Miklo, Senior Planner Department of Planning and Community Development 4 9 The main loop will be linked at the north by a trail to be constructed along the south right-of-way line of Highway 6. Another connecting trail from Napoleon Park to Wetherby Park to Grant Wood School to Whispering Meadows Wetlands Park is also proposed, and will serve as a central loop connection trail through the middle of the South District. Guidelines for establishing trails in the South District are listed below: [] Plan off-road, accessible trails for a variety of users. Design these trails as best as is practical for pedestrians, bicyclists, joggers and other non-motorized means of transpor- tation. [] Use the trails to connect significant traffic generators, such as schools and commercial areas. The trails should be an integral part of the city's transportation network as well as being scenic and used for recreational purposes. [] As subdivisions develop, tie trails into the main loop wher- ever possible through the use of branch trails or wide side- walks (generally eight feet wide). Also tie key neighbor- hood destinations, such as a commercial area, parks, or a school, into the trail system to provide pedestrian-scale ac- cess. E/ementarv School. As the South District develops, the population will increase to a level that will support the construction of an elementary Potential River Corridor Trail area near Sand £ake. school. The school should be cen- trally located and near an arterial street to allow easy access for bus and other school-related traffic. Two potential elementary school sites have been identified. One is near the northwest corner of the Sycamore Street L, and the other is just north of the south soccer fields. The Sycamore Street L site is more centrally located in the developing area, and will be within closer walking distance of more households. It will also be more accessible in the street system of the developing neighborhoods. A school campus just north of the south soccer fields could be integrated with the soccer fields, and share parking facilities as well. Guidelines for locating and developing an elementary school site are listed below: [] Connect the school to the trail system and locate it adjacent to a park or natural area. [] Ensure that the school has access from the arterial street system, but allow intervening land uses, such as townhouses or open space to buffer the school from the arterial street. Locate outdoor play areas back from the arterial street. [] Locate the school site in combination with or close to other recreational and institutional uses, such as parks, team sports facilities, adult and child daycare, and encourage the school to function as a neighborhood meeting place. [] Design safe crossings for pedestrians near the school, especially arterial street cross- ings. Streets/Roads. Gilbert Street (Sand Road), Sycamore Street and Highway 6 are the principle streets that currently serve the South District. These arterial streets serve as neighborhood edges, and provide the framework for development in the South District. Segments of these streets need to be upgraded to city design standards, and an east-west arterial street or parkway aligned with the Sycamore L will be constructed to connect Gilbert Street/Sand Road 10 with Scott Boulevard/Sioux Avenue/Highway O to the east. Long-range plans show this arterial street extending to the west and crossing the Iowa River. This river crossing is not likely to be constructed within the next 20 years, because it would be located beyond the growth boundary for Iowa City, would heavily impact a large area of wooded wetlands within the River Corridor Area, and would be extremely expensive to develop. Also, there is sufficient capacity on Highway 6 such that an additional arterial river crossing is not warranted in the short-term. A major collector street is proposed to skirt the south boundary of Wetherby Park and provide a fairly direct connection from Gilbert Street east to Sycamore Street. A modified grid of collec- tor and local streets are envisioned to complete the necessary street network. The location and design of the street network will have a major effect, not only on the transportation patterns of the planning district, but will also effect the quality of life of the new neighborhoods. Careful consideration should be given to the design of these streets so that they become pleasant elements of the surrounding neighborhoods rather than undesirable intrusions into the neighborhood. Guidelines for streets in the South District are listed below: [] Use arterial streets, including Gilbert Street/Sand Road, Sycamore Street, and the new east west parkway to form the boundaries of the new neighborhoods in the South District. [] Use landscaped medians and wide landscaped areas at the sides of arterials, such as Sycamore Street, to create a pleasant streetscape for passersby and make the streets compatible with the surrounding residential development. Landscaped arterials will create an environment more conducive to orienting the front of hous- lng instead of fenced rear lots toward arterial streets. [] Align collector streets across arterial streets to provide for the safe crossing of neighborhood boundary streets, particularly for pedestrians and cyclists. [] Within the neighborhood, design collector streets so they are not continuous through streets, but are arranged in an offset grid pattern. [] Arrange local residential streets in a modified grid pattern. Enhance the local neighborhood streets and encourage pedestrian activity by narrowing the pave- ment, providing trees, benches and attractive lighting along the streets, and en- courage alternatives, such as alleys or narrow drives at the side of the house to access a recessed or rear yard garage, and to minimize extensive curb cuts and paved front yards. [] Provide safe, attractive and accessible street crossings at key locations, such as the entrances to the neighborhood commercial center, parks and school sites, and where designated trails cross arterial streets. Fire Protection. The South District is in the "first response area" for Fire Station No. 3, located at 2001 Lower Muscatine Road, just north of Highway 6. The engine company from this station is responsible for being the first to respond to a call from the South District. According to a 1991 Fire Station Location Study produced by the Johnson County Council of Governments, the area south of Highway 6 is adequately protected by the existing fire station locations. The average time for the area east of Sycamore Street was under 3 minutes, considered optimal. The average response time modeled for the area west of Sycamore Street was between 3 and 6 minutes, and is considered adequate, although not optimal. The distance of the fire station from the scene of the emergency, and the continuity of the arterial street network both have an effect of travel time. An interconnected, modified grid street system will serve to increase the number of access points, and will potentially reduce the response time. The emergency vehicle response time for firefighting apparatus to respond to the South District is considered adequate to the current city limits, and no additional fire Memorandum To: Ann Bovbjerg, Chairperson Iowa City Planning and Zoning Commission 410 East Washington Street Iowa City IA 52240 From: Richard S Rhodes II ~C2Z~ 2014 Rochester Ave. Iowa City, IA 52245 Date: 20 December 2001 Re: Towa City Comprehensive Plan, South District Plan - amendment for change in East-West Arterial Street Alignment (Item D1, Planning & Zoning Commission Meeting of 20 December 2001) In regard to both the Option A and Option B alignments proposed for this arterial, I'remind you that the pasture on the former Showers/McCollister Farm (now Southgate Development's "Napoleon Heights") harbors a known population of ornate box turtles (listed by ]owa as "threatened'd; see the December 1997, "South District Plan," Appendix A, p. 3. Both of these options for the arterial are illustrated in your packet as impinging on the southwest corner of this pasture. If either option is chosen, the ~'owa Department of Natural Resources must be consulted regarding plans for protecting these threatened reptiles from injury. Tt may be possible to obtain a permit from Iowa DNR to relocate individuals from this population to a "safe" locality. Nonetheless, their presence must be taken into account in these, the earliest stages of the planning process. If by the time construction begins on the arterial, a significant effort has not been made to relocate surviving individuals there may have to be measures taken to exclude box turtles from the construction area. Please see the document filed with the City Clerk "95 OCT -6 AN 9:00" titled "Project Hanual for Contract 1 South River Corridor Interceptor and Relief Sewers..." on the page headed "12004 - 1 S]-I'E CLEARING / wp787 SECT[ON 02110 - Page 1" under"Part 3 EXECUTION" section "3.01 BOX TURTLE PROTECT[ON" for details of an exclusion method. Furthermore, this "Napoleon Heights" pasture has good potential for harboring prairie remnants which are regulated by the Iowa City Sensitive Areas Ordinance. During about 20 site visits (since October 1994 and in cooperation with an Iowa DNR experimental project to relocate ornate box turtles) I have observed remnant prairie plants in localities scattered throughout the pastured area. Because of the heavily grazed condition of the pasture during every visit, I can neither confirm nor refute the exact locations or extent of specific prairie remnant areas within it. Nonetheless, the presence of such species as Carolina puccoon strongly suggests that there is good potential for degraded prairie remnants to survive here. The presence of the more "weedy" prairie species (like pussy toes, Virginia mountain mint, and wild bergamot) which can survive or even prosper under a heavy grazing regime also indicates a potential worth taking the time to carefully evaluate. Both new options for the arterial alignment (including likely grading and construction easement areas) will impinge on the areas of potential prairie remnant. The City should take into account this sensitive element during the planning process. Karen Howard From: sue polsley [suepolsley@hotmail.com] Sent: Monday, January 28, 2002 11:25 PM To: karen-howard@iowa-city.org Subject: proposed roadway Karen, I am a resident of Johnson Co. and I live by the soccer fields off Sycamore St. I am lending my support to Option B for the connecting route to Scott Blvd. My family and I would like to see traffic routed away from recreational and wildlife areas such as Pleasant Valley golf course, youth soccer fields, and the wetlands area north of those. Thank you, Sue Polsley 4284 Maureen Terrace MSN Photos is the easiest way to share and print your photos: http://photos.msn.com/support/worldwide.aspx Karen Howard From: JGehrs6913@aol.com Sent: Sunday, February 03, 2002 9:29 PM To: karen-howard@iowa-city.org Subject: Southern Bypass Proposal Dear MS. Howard & Planning & Zoning Commission members: My family recently moved to Iowa City from another state. Having attended the South District Neighborhood meeting in January, I would like to offer my thoughts on the proposed future east-west arterial street in our area. From the information provided, the current alignment is basically a method to shunt traffic onto existing roadways. This would probably be the least costly, but not in the best long-term interest of the city. Option A is simply a waste of money as it attempts to build a partial road to serve as a street utilizing a portion of the original plan. My wife and I favor Option B. As the most direct route, this seems to be the most economically feasible method to connect the SE district and provide a viable area to create a business district. Finally, I feel strongly that the city needs to be working with county and state road commissions to plan a southern bypass. I have personally had to follow semi-truck traffic on numerous occasions traveling from 218 to 80 via Scott Blvd. and the Herbert Hoover Highway. A bypass south of Pleasant Valley golf course to connect 218 & I80 with an interchange ~ US 6 needs to be put into the planning stages. Due to the rate of growth on the city's south and east sides, this bypass will be needed in the next 10-20 years and plans should be started now. Without this major southern bypass, heavy truck traffic will continue to plague our neighborhoods. Thank you for your consideration and support of Option B of the South District Neighborhood arterial street proposal. Jason & Carol Gehrs 4297 Maureen Terrace SE Iowa city, Iowa 52240 319-354-1013 Page 1 of 1 Karen Howard From: Sara Brown [gsbrown4283@msn.com] Sent: Monday, February 04, 2002 10:52 PM To: karen-howard @iowa-city.org Subject: South District Arterial Street From Glenn and Sara Brown 4283 Sycamore St SE Iowa City, IA 52240 Karen, We have lived at this address for 5 years and have never been contacted about the South District Arterial Street Plans. To our knowlege, the People in the housing NE of us have never been contacted either. We would like to be kept more informed as to what is going on with the south district. What are the pros and cons of each of the 3 options. No one has really said. In our opinion, we feel that option B would be the better choice because it would give better access to the development area on both the north and south sides of the line in the future. It would also be shorter, less costly to build and serve more people, especially the residence near it. Please let us know what is going on. Thank you, Glenn and Sara Brown 2/8/02 South District Future Land Use Scenario February 2002 Sing~eF~mily I G~ner~l Commercial o m, ~.r~. N ~ ~o~hou~ I ln~a~iveCommer6~ ~ Manufnctur~Housing ~ lnstitufi~J ! ~artm~ ~] WaterFeamre DEPARTMENT OF PLANNING AND COMMUNI~ DEVELOPME~ CI~ OF IOWA CI~ Marian Karr From: Steve Nelson [snelson@mozart. peds.uiowa.edu] Sent: Friday, March 29, 2002 3:44 PM To: cou ncil@iowa-city.org Cc: opinion @press-citizen.com Subject: South district plan To the Iowa City Councillors; Title: A frustrated citizen speaks out Sub-tile: We are not there yet ... A few weeks ago I attended a session of the Planning and Zoning board because several issues related to my neighborhood were being discussed. As I and others sat, listened, and at times offered coraments to the board, I became increasingly disturbed by what I heard from the city's staff and zoning board. People would refer to the 'Comprehensive Plan' and to the 'South District Plan'; yet it became increasingly obvious that no one from from the city staff, the zoning board, or the public participants spoke in defense of the plans. When discussing the pros/cons of a proposal it was just" ... and, besides, it doesn't fit with the comprehensive (or district) plan ..." No one expressed any desire to follow, enforce, implement or improve upon the city and district plans. It became simply what needed to be amended to permit a developer's or city staff request. No one expressed any desire to follow any preconceived plan for development. As one city staff member commented in a subsequent conversation, the comprehensive plan is just ideas, there is no need to follow the plan. But we do need a plan. Staff and concerned citizens crafted a plan on how the South district could be developed over the next 15-20 years; a plan which defined a friendly and manageable neighborhood, a concept for a 'dreamhouse'. Now we are starting to build by creating additions before the basic structure is even started. Soon we will have a structure defined by the external additions with no visible sign of the dreamhouse we wanted to build. A bathroom in the middle of the dining room, entry to the kitchen through the master bedroom, a picture window facing a brickwall 6 inches away ... A shattered dream. The South district plan was developed around a single neighborhood plan of single and multi-family residential housing and neighborhood commercial center. There are two possible locations for a school. The southern edge ef the development is defined by an east-west arterial street. Consistent with the city comprehensive plan, there are no high-density (apartment) complexes. Development of the South district began with three proposals: 1) Hoving the southern arterial north to divide the district into two neighborhoods. 2) Creation of co--unity commercial area to supplement (compete with?) the neighborhood cormmercial. 3) Development of a large apartment complex on the western edge along Sand road. Although the commercial development is currently on hold, the other two projects are now before the council for approval. Reasons for moving the arterial north mostly involve improved traffic flow, both direction and speed. No one from staff or zoning addressed the issue why the district needs to be divided into two parts. No one has argued why it is better if a school is ever built, a portion of the children would not be able to walk to the school. No one has argued why it is better to divide neighbors by an arterial street rather than sidewalks and narrow streets. No one has argued why the ease and speed of moving from the east and west regions around Iowa City are more important than the safety and 1 neighborhood integrity of the citizens living south of US Highway 6. The creators of the South district plan had a better idea for development than that which you are now being asked to approve. Please give the district plan a chance. Iowa City has had experience with large apartments, not all of which is favorable. First we had Lakeside Apartments, upscale student housing. As it was sold and resold to different real estate holding companies, problems developed, both social problems and the physical condition of the units. Iowa City saw the development of the Mark IV Apartments (now Pheasant Ridge) and the social problems that followed. Seville Apartments has had a more favorable success, in part due to mostly local ownership. Although not a single complex, the development of apartments in the Broadway area of the South district has caused a strain on city police, fire, and social/welfare groups. The creators of the South district plan had ideas on using smaller, diverse units in a general neighborhood setting as a way to minimize problems by creating a unified community. Large apartment complexes were seen as a problem and not a solution. Please give the district plan a chance. Some members of the zoning board complained the comprehensive and district plans are anti-development. I disagree. The plans clearly define what the citizens want from developers. "This is what we want; bring it on!" If developers request a variance or rezoning they need to present overwhelming evidence of need, or else staff should say, "You have not done your homework. You have not given us what we want." Compliance with comprehensive and district plans should be the first REQUIREMENT, not the last OPTION. The plans should be periodically reviewed and changed to improve the basic concepts. The plans shouldn't change every time a developer has a chance to make a quicker profit. The people of Iowa City have a better understanding of what they want than DJ Hammond Development of Texas. The land will be there for future development that fits the needs of the community. Please give the district plan a chance! I urge the Iowa City Council to not approve amendments to the comprehensive and district plans at this time. I urge the council to not approve realignment of the east-west arterial road at this time. I urge the council not to approve construction of a large apartment complex in the South district. I urge to council to be proactive and to develop a South district plan that citizens, developers, city staff, planning and zoning board, and council members support and defend. --Steven Nelson (steven-nelson@uiowa.edu) 1033 Sandusky Dr Iowa City 319/354-1762 Prepared by: Shelley McCaffer~y, Associate Planner, 410 E. Washington St., iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO PROVIDE FOR THE LOCATION OF LARGE APARTMENT COMPLEXES IN NEW NEIGHBORHOODS, AND AMENDING THE SOUTH DISTRICT PLAN, TO CHANGE THE LAND USE PLAN FOR THE AREA EAST OF GILBERT STREET AND SOUTH OF NAPOLEON LANE FROM DUPLEXES AND/OR SMALL LOT SINGLE FAMILY (APPROXIMATELY 12 ACRES), AND OTHER OPEN SPACE (APPROXIMATELY 6 ACRES) TO APARTMENTS. WHEREAS, D.J. Hammond and Associates of Houston, Texas has requested a rezoning to allow for the development of a large apartment complex. WHEREAS, the development of a large apartment complex does not comply with the policies of the Comprehensive Plan and South District Land Use Plan. An amendment to the Comprehensive Plan and the South District Land Use Plan is therefore necessary to allow for the development of a 168-unit, 624- bedroom apartment complex in 18 buildings located east of South Gilbed Street and south of Napoleon Lane; and WHEREAS, the City Council finds it is in the public interest to amend the Comprehensive Plan to allow large apartment complexes in Iowa City provided certain conditions are met; and WHEREAS, the City Council finds it is in the public interest to amend the South District Land Use Plan to allow apartments on 18 acres located east of South Gilbert Street, south of Napoleon Lane: and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Comprehensive Plan is hereby amended to: 1) Add the following sentence to the section A Community of Neighbors, paragraph four, Diverse housing types: "Large apartment complexes may be appropriate at locations where adequate infrastructure is available to service the complex, and appropriate transitions and buffers are provided between the complex and adjacent neighborhoods. 2) Change the South District Land Use Plan to designate approximately 18 acres east of South Gilbert Street and south of Napoleon Lane from "Duplexes and/or Small Lot Single Family," and "Other Open Space" to "Apartments." Passed and approved this day of ,2002. Mayor ATTEST: City Clerk · City Attorney's Office Shared/pcd/shelley/REZOl-OOO24Hammond/aEZ01 O0024compamend doc March 29, 2002 r~f'} ~: Ernest W. Lehman p~,-', c~ Council Member ~ " 410 E. Washington cn Iowa City, Iowa 52240 We, the Concerned Citizens for Sand Prairie Preservation, have formed this group because we feel strongly that the area directly south and west of Weatherby Park, sometimes known as the McCollister tract, should be preserved in a manner consistent with the Iowa City South District Plan. Imminent development pressure has forced us to move quickly in compiling research and information regarding this sensitive environmental area. With this letter is a compilation of information titled Sand Prairie Preservation Project - January 2002. We have put this information packet together for private citizens and public officials to assist them in understanding this natural asset that lies in southern Iowa City. We believe there is strong evidence that this area is a "prairie remnant" and is therefore subject to protection under the Iowa City Sensitive Areas Ordinance. This prairie sand dune contains many native sand prairie grasses and flowers. The specimens present on this site are very rare in Iowa due to a disappearance of their natural habitat. In addition to the prairie plant life, this area is also habitat for the Ornate Box Turtle which is a threatened specie and thereby protected by Iowa Code Chapter 481B, Endangered Plants and Wildlife. Page 2 This area is relatively untouched by human activi{.~zi[an~ha~: not been tilled for agricultural use. We have compile{ photographs of the area spanning from the years 1937 to ~90 w~ch show there was no agricultural activity in that area over this time period except for pasturing cattle. Dr. Lon Drake, a professor at the University of Iowa Geology Department states in his letter (Exhibit 5) that this area has never been plowed because the original soils are reasonably still intact. The biology of the plant species, the threatened specie box turtle and the soil profile all indicate that this area does fall within the definition of a "prairie remnant" in the Iowa City Sensitive Areas Ordinance and should be protected accordingly. The Iowa City South District Plan adopted in April of 1997 and further updated in January of 2000 recognized this area as environmentally sensitive and set aside a large portion of the area as open space or green space. The Iowa City South District Plan was approved by the Iowa City Council and is therefore binding until formally amended through legal channels. Nonetheless, it has come to the attention of our organization that there are development plans that disregard the Iowa City South District Plan. There is no consideration in these preliminary concept plans for protection of this sensitive area nor any recognition that they are bound to do so. We cannot emphasize strongly enough that this is an Page 3 environmentally unique habitat that contains plant species, animal species, geologic features and animal habitat that is extremely rare not only in eastern Iowa but across the entire United States. Public officials must take appropriate action immediately to prevent irreparable harm to this area and follow the official plans, rules and laws which are already in place which would shield this prairie remnant from complete destruction. Please feel free to contact Karen Dawes, Amy Bouska, Lori Klockau or David Klockau if you have any questions regarding the information which has been provided to you. In advance we thank you for your thoughtful and prompt attention to this matter. Respectfully submitted, Steven Nelson 354-1762 Dan Sivan 354-2324 Lena Sivan 354-2324 Shelley Mat zen 354-1814 Robert Temple 354-4826 Amy Bouska 358-6380 Karen Dawes 337-2634 Lori Klockau 351-6739 David Klockau 351-6739 Sand Prairie Preservation l oject I Introduction The Concemed Citizens for Sand Prairie Preservation have compiled this information to provide assistance to public officials in understanding the natural asset that lies in southern Iowa City. The area, often known as the McCollister Property, includes a prairie sand dune, which is a rare Iowa landform. These documents span a pedod of time from 1937 to 2002 to illustrate this praide remnant has been relatively untouched by human activity. Aerial photos and letters from local experts document clearly this untilled land contains many species of native praide plants, consistent with a prairie remnant habitat. The area is also the habitat of the Ornate Box Turtle, a threatened specie which is protected under Iowa Code Chapter 481B Endangered Plants and Wildlife. In the year 1997 the City of Iowa City recognized this area as a sensitive area in its South District Plan and set aside a good portion of it as greenspace. Currently there is a plan to develop this area which does not take into consideration the City of Iowa City's South District Plan, the Sensitive Areas Ordinance or Iowa Code Chapter481B. We believe that this area is a unique natural resource for not only the citizens of Iowa City, but for all the citizens of the state. Public officials must take immediate notice and action before this rare habitat is lost forever. iNDEX Introduction Exhibit 1 Department of Natural Resources/Tim Thompson Letter January, 2002 Exhibit 2 South District Plan - 1997 Exhibit 3 Dr. Diana Horton Letter, 1/22/02 Exhibit 4 Connie Mutel Letter, 1/8/02 Exhibit 5 Wetland Study: Dr. Lon Drake, 2/92 Exhibit 6 Dr. Lon Drake Letter, 12/13/01 Exhibit 7 Richard Rhoades II Letter, 12/19/01 Exhibit 8 Johnson County Soil & Water Conservation District 12/31/01 Exhibit 9 Aerial Photos, University of Iowa Map Room 1937~Present Exhibit l 0 Gazette Article, 4/28/96 Exhibit 11 Concept Plan 1 Exhibit 12 Concept Plan 2, 9/19/01 STATE OF IOWA THOI~A$ J. VILS^CK, GOVERNOR DEPARTMENT OF NATURAL RESOURCES SALLY J. PEDER~ON, ET. GOVERNOR JEFFREY R. VONK~ DIRECTOR Mr. Robert Miklo Senior Planner .~ C'> ~'~ City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 22 January 2002 Dear Bob: I would like to give the following comments and recommendations regarding the Napoleon Heights proposed subdivision in the south part of Iowa City. The Iowa Department of Natural Resources is primarily concerned with this area because of the presence of Ornate box turtles which are on the list of State threatened species. First, ornate box turtles are presently on this site. I first became aware of this population in 1994 when a turtle was turned into my office found crossing Sand Road (or Gilbert Street, as it is known in the city limits). I was in contact with Melody Rockwell, who is now retired from your office, about our concern with this turtle population in the city limits. She suggested that no action would be taken by the city until a developer proposed a platting for this property. But she thought some type of preserve should be set aside for part of this area. In the mean time, an informal marking project of turtles was done in 1996 and 1997. Then, a research project was okayed by the DNR to move turtles from this site to try to establish a population in central Iowa (Polk County). In 1998 and 1999, 51 ornate box turtles were moved to the Chichaqua Wildlife Area. This project was not a relocation project of the turtles, and by no means were all the turtles removed from the Iowa City site. A viable population still exists here. Hatchlings were found in both 1997 and 1998 at the Iowa City site. The ornate box turtle is on the State Threatened Species List and is protected under State Code. With this known population, the DNR requests that the developer hires a knowledgeable person with a background in working with terrestrial turtles to inventory the population, to locate the winter hibernation areas, and to determine the range of the turtles. I suggest you contact Pro£ Neil Bernstein at Mount Mercy College in Cedar Rapids. He has been doing extensive work on ornate box turtle at the Hawkeye Wildlife Area in Johnson County. I also understand that some dirt fill has been place on part of this property and that Iowa City has put a stop to any additional fill being placed at this time. If this fill is in an area where ornate box turtles may be hibernating, it will be necessary to remove this fill to allow them to emerge from the ground this spring. The dirt removal should be within six inches of the original ground and should be done before March 3 The habitat of the ornate box turtle is also of critical concern. Without protecting their habitat, the turtle will ultimately perish. Ornate box turtles are a terrestrial turtle living in sandy soils. A unique feature of this area is the large remnant sand prairie. The total extent of this sand prairie is not documented. The dominant soil types in this large ridge are .mostly Sparta loamy fine sand and Dickinson fine sandy loam. Both of these soil types are well drained to excessively drained soils. The native vegetation on these soil types was prairie grasses and forbes. Since past records and conversations with local residents indicate that this area has not been tilled, I suspect the present vegetation is native prairie vegetation. There has been some question, since this has been pasture, as to whether this prairie remnant is too badly degraded to restore. I would consider this a good sand prairie remnant. Sand prairies can withstand grazing pressure much better than wetter sites. The cattle grazing has made it difficult to identify many species present. The following are some species that have been found: sand dropseed, schribers panicum, hairy grama, Carolina puccoon, sideoats grama, little bluestem, hairy wild petunia, lead plant, rock jasmine, and pussytoes. A prairie remnant will contain invertebrates and microorganisms that can not be found when someone attempts to create a new prairie simply by planting prairie seed. The DNR would like Iowa City to request the developer do an inventory to document the plants and to try to delineate the extent of the prairie. This should be done with a botanist or a person trained in prairie species identification. Sincerely, Tim Thompson Wildlife Biolo st Cc: J. Tallman '~ J. Vonk D. Howell D. Pfeiffer .:'- South District Future Land Use Scenario April 1997 ~!~ ~.~.~ ~.~o, Updated for reprint January 2000 ,~ ~; ~:.~ :~ Townhouses ! lrde~siv~Commercia~ ~ ,~.~o ~ ~. ! ~ iVlanufacmred Housing I lastitutional 8 In addition, two larger, neighborhood parks should be developed in association with the reclama- tion of the pond (sandpit) east of Gilbert Street and as an enlargement of the new, regional stormwater and greenspace corridor east of Sycamore Street. A regional or community park is envisioned around the pond (sandpit) located west of Gilbert Street. A conservation area that provides protection for a threatened species of turtle, perched wetlands on a sandy knoll, archeological and prairie relicts should be considered on the McCollister property. The wooded wetlands along the Iowa River should be reserved as natural open space and a floodplain reservoir. Open space should be incorporated into the design of developments in the South District to assure green buffers between medium and Iow density housing, between commer- cial and residential uses, and along Sycamore Street. Guidelines for parks and open space development are listed below: [] Create neighborhood parks, three to seven acres in size, that are centrally located, interconnected and accessible in terms of trails, parking areas, play equipment and picnic shelters. [] Ensure that neighborhood parks have benches and rest areas accessible for elderly persons and people with disabilities. Accessible basketball courts, play equip- ment, shelters with picnic areas, cooking areas, running water and restrooms should be standard features of the new neighborhood parks and be incorporated into the existing 24 acre Wetherby Park. Accessible, raised gardens should continue to be provided in Wetherby Park. [] Create access, a parking area and neighborhood park features in the south part of Wetherby Park. There should be no north-south through street bisecting Wetherby Park. [] Design parks in association with trails schools waterways and wooded areas~ including larger parks designed in conjunction with the development~the r~ gional stormwater basin and the reclamation of the two ponds (sand .p!;J~b-? T~ parks located adjacent to ponds may feature boating (small, non-motoriz_~l~raft~ fishing and other water-related activities. [] Preserve sensitive features, including the environmentally sensitive area~J'qr~ th~., McCollister tract, and waterways and wetlands throughout the South ~ict,~ particularly the wooded wetlands along the Iowa River and the cont'~ing~, drainageways and wetlands associated with the Snyder Creek Bottoms. ~,~ ~'~_.~ [] Incorporate green space to assure landscaped buffers between different land uses, to create a landscaped, green buffer along Sycamore Street, and to provide a green square within the neighborhood commercial area. Trails. Pedestrian/bicycle trails help support pedestrian oriented neighborhood design by providing off-road connections between key neighborhood destinations. A trail system throughout the South District will connect parks, schools, commercial areas, and neigh- borhoods. These trails will be designed for a variety of users and purposes, including pedestrians, people with disabilities, bicyclists, joggers and roller skaters, and for trans- portation as well as recreation. The trails, as well as the parks, schools, and commercial areas they connect, should be accessible. An off-road Iccp trail through the South District should be constructed as the area develops, taking advantage of utility ease- merits and drainageways within the new neighborhoods. (Exhibit G, South District Potential Trail System) The main Iccp of the trail system will connect with the south extension of the Iowa River Corridor Trail at Napoleon Park. From Napoleon Park, the trail will run southeast along the South River Corridor Interceptor Sewer easement to the south soccer fields. It will then turn northeast along the Snyder Creek Bottoms, and then north through the regional stormwater detention area to be established on the Gatens tract. The trail will also connect with the trail proposed to run south from the Whispering Meadows Wetlands Park through the Saddlebrook development. THE UNIVERSITY OF IOWA January 22, 2002 Julie Tallman Development Regulations Specialist 410 E Washington Street Iowa City, IA 52240 Dear Ms. Tallman, I am writing to express concerns regarding the proposed development of the Showers- McCollister property on the south side of Iowa City. I am a Plant Taxonomist and Ecologist in the Department of Biological Sciences, University of Iowa, and I have carried out extensive field work in eastern Iowa over the last 20 years. One habitat that has particularly interested me is sand prairies, since they are rare in this part of the country and are characterized by a unique suite of species. The Showers-McCollister property has long been of interest to me because it is a remnant sand prairie that includes wetland habitats. I have visited the Showers-McCollister property several times over the years. There are many native sand prairie grasses and flowers on the property, including Little Bluestem, Carolina Puccoon, Mountain Mint, Leadplant, Hairy and Sideoats Gramma, Beadgrass, Sedges and Violets. Early last spring, I discovered Western Androsace, a sand species that is becoming very rare in Iowa. It is clear that many of the species native to this site still are present. The persistence of native species is attributable to two factors: 1) as far as we can tell from historical records, the land never has been plowed, and 2) it has been pastured. Plowing is the death-knell for native plants; if this property had been plowed, virtually none of the native species would have survived. Pasturing can be beneficial, to some extent, since it mimics conditions of the natural landscape when the plants were grazed by buffalo and elk. I believe there is a very good chance additional native species would reappear in a year or two. I noted that after the Showers-McCollister property was acquired recently by a developer, a small pond towards the eastern edge of the site was being modified with bulldozers and fill dirt. This is cause for real concern and I wonder if the City of Iowa City is aware of the damage to the sand prairie remnant. Department of Biological Sciences 312 Chemistry Bldg. Iowa CiW, Iowa 52242-1297 U.S.A. 319/335 1325 FAX 319/335-3620 I had understood that the Showers-McCollister property is zoned for Green Space, yet I have heard that a housing development is now being proposed for the site. This site is a remnant sand prairie and I would urge the City of Iowa City to see that this remnant of our natural heritage is preserved. I appreciate your consideration of my comments and would be glad to provide further information. I can be contacted at 335-1320 or via e-mail at diana-horton~.uiowa.edu Sincerely, Dr. Diana Horton Associate Professor January 8, 2002 2345 Sugar Bottom Rd Solon, IA 52333 Ms. Julie Tallman Development Regulations Specialist Iowa City Building Inspection Dept, 410 E Washington St Iowa City, IA 52240 Dear Ms. Tatlman, -~ " I understand that the Iowa Cny government ~s now considering evaluation of the sand prairies on the McCollister farm, in an attempt to determine how these prairies and their fate relate to the Iowa-City Sensitive Areas. Ord[muice. tn particular, I understand that there is some question as to whether prairies that have been degraded through grazing retain sufficient native traits to be considered worthy of protection. I have worked in the field ofresto~'ation ecology for many years, and am the co- editor (vath Stephen Packard) of"The Tallgrass Restorat~)n Handbook for Prakies, Savannas, and Woodlands" (Island Press, 1997) ~ a book that some have called the "Bible of prairie restoration." In this book, several authors point out that no remaining prairie ecosystem can be considered "pristine" - all have been disturbed to a greater or lesser amount. Grazing is one of the disturbances that can actually help preserve prairies by controlling invasive shrubs and trees. Because the bulk of the prairie plants' biomass lies under the soil, the periodic removat of the plants' upper portions (as long. as ~-s not overdone) does not kill the plants and may even stimulate their growth. Indeed in many areas the agricultural use of prairies - their grazing and haying - is responsible.for the survival of prairie species and of the ecosystem as a whole. This is very tree in Iowa's Loess Hills - which holds the majority of our state's remaining prairies, and v~here virtually every prairie has been subject to human use. The book also points out that restoration even of severely degraded prairles-is far superior to planting a prairie on plowed land. Not only does the degraded prairie retain plant species and propagules that give the prairie a bead start;, a degraded prairie atso will retain soil microorganisms that are not found on more intensively altered land. I would think that remaining sand prairies on McColllster farm pastures would respond well to restoration efforts such as burning. Naturalists such as Sandy Rhodes have surveyed the property and can provide lists of sorne of the unusual prairie spqcies that survive there. The soil may hold a seed bank of additional prairie species that would return if given a chance. For these reasons, I would encourage the City of Iowa City to give the pastured portions of the McCollister farm full protection as stipulated by the Sensitive Areas " Ordinance umil their potential for holding prairie remnants has been eliminated.. My thanks to you for your interest in this matter. Sincerely, Connie Mutel JP~I~IB-21~2~2 10:09 I)~PT OF C, EOL[~Y $I9 ~ 1B2_i P.O~ TABLE OF CONT~Ni'S Purpose ........................... Figure ] - LOcation Definitions ......................... Geologic Setting ................... Figure 2 - Cross-section and GroundWater Flow ....... Figure 3 Small Landslides On Bluff ............ Methods and Maps ........... ~ ............ Figure 4 - Soil Map ....... Figure 5 - Wetland Areas Map ................ Table I - Wetland Details .................. Recommendation # 1 - A Linear Park - -' Reco~endation i 2 - A Sand Dune Park ............. Raco~endation t 3 - Hawkeye Marsh - - Reco~ndation i 4 -Delineation Decisi~s ........... Groundwater Recharge Perspective - Legal Perspective ........ Habitat Perspective -' - - ....... Energy Efficiency/Lifestyle Perspective .......... Regulatory Perspective Human Health and Safety Perspective Federal Subsidy Perspective .... { ............ References Cited ........................ Appendix I - Some Native Dry Prairie Spe:ies .......... 3: $A~-18-~002 10:09 DEPT OF GEOLOGY 319 335 1~1 P,O~ I suggested that they also investigate s~ w~ to potentially inclm Whispering Meadows wetland Nu~r 8 (Figure 5 and Drake, log1) in ~he Dr~rm, · ~cause tt ts one of the ~st easily r. torable wetlands ~n the a~[ea and could ~ be a link between the t~ parks. m REC~ENDATI~ ~ ,2 ~- A 5~ ~NE P~ } 1, 2 and 5). ~e c~est of this dune h? ~en etned for sand, m: ly befom ~.~ 1~37, and the p~t extends do~ to ~he ~ate~ table. St~ of the tr photos ~ indicates that in wet years the wate~ U~le rises within the dune and fo~ a · shallow pond acros, the floor of tSe pit. In dr7 yemr~ water I leaving only a tiny pond or a wetland~ i~n the c~ter of the pit. ~e dune ~: surface has ~en severely ove~raz~ a~d presently has considerab e~ I ~ showing bet,en the sparse patches of Uastu~, grass. A trees, so~ ~ing presently cut for fi~ewo~, contri~te to its However, It also presents a unique loppo~unlty for mstoratio) a~a " ~' : l~-maintenance park. Originally this ~sand dune wms u~oubt~ly dry : prairie. In their native state these draftees ate ve~ ~ spring carpet~ with creeptng phlox ~ blue-ey~ g~ass, in early ;~r with ]'. pale purpl~ coneflo~er~, etc. A local di~pl~ of the~ available mt Kent Park durfng June - c~ntact Paula Bargst~, the county naturalist, ~or details on tours. "~ ~e upper port,on of th~s sand d~ could be convert~ into I interesting park by deepening the pit ~n the center, to be pema ntly ~low ~ the water table, fo~tng a shall~ pond. No spillw~ would be ne ded here because there i~ no ~atershed upslope {o add additional water, an heavy q JfiN-1B-2~2 10:10 DE. PT (1c' GEOLOGY ~9 31'5 ~1 P,05 rainfall directly into the pond ~ould ;J~ly lenk.d~ into the s nd. The pond are~ could be pl~nt~ to nat~ve~,~tl~nd species - see Drake loll species lists. The presengl~ ove~riz~ s~deslopes could ~e plan selected n~tlve d~y prairte species, ~th g~sses and flowers (se ~pendix I for suggest~ species). The low-~Jnt~nance asp~t includes a s~ so ~h~L fe~ species of ~e~s ~11 do ~,11~ a soil sa pe~able that ~sJon ~s not likely to be a serious probl~ (~a~nfall soaks ~n, usually ~ ;hour runoff) a~ gr~h so slow that tt will take y~ars to build up enough rue for m fire (either plann~ or accidental). ~he ~isting artificial sand cli Ts amund ~he pond (Ftgum ~) should be left sta~. ~ese are alread~ ose to the angle o¢ repose for loose sand (3~ d~es) a~ children scr~lt ,g over th~ will soon make th~ ~re gentle. A f~ bu~ oaks could ~ plant for patches of shade and expecged to survive, bu~ ~t ~uld be aa~nl~ an open hilltop park, ideal for k~te flying, f~is~e tourn~nts and ~atc ~ ha~ and sunsets. The little pond and wetland in the center ~uld pro,,i~ interesting diversity in an othe~Jse dry enviro~nt. REC~EffiATIffi $ 3 - ~E~E ~ The southeast ~ge of the study ar~a ~tends to the ~ge o¢ tim lo~r terrace - a ~etland ~satc ~msentl~ ~n~ eonside~ consolidation/preservation into awkeye Harsh (see F~gu~s 1, 2, I 5). ~tland extends south past the ne~ Iow~ C~tg ~ate~ Pollution Cont ol Facility. Future effluent discharge requfre~nts ~are expected to beco~ st1 1 sir{cl, and m~ght ~et or even exceed d fnki~ ~ater quallt~ stand,rds (~ith respect to a~nta, for exa~le). Resdarch and full ~cale projecJ~ over the past decade have d~nstrat~ that one ~ay of ~eting these requhemnts use a wetland for final "polishing" of ~he effluent, although som design questions do r~ain about winter f~nctiBntng in cold cli~tex. TOT~ p.~5 12/13/01 Larry S hnittj c er MMS ~ C 'iTl 1917 S. Gilbert Street Iowa City, IA 52240 c--~ ~-~ Dear Mr. Schnittjer, Thank you for the opportunity to look over the McCollister property today. In 1992 I also briefly toured this hill as part of a survey for Iowa City, so this is my second visit to the site. Geologically, the hill is a sand dune made from fine sand blown up from the floodplain terraces of the Iowa River below to the west. There might have been a small hill there originally that trapped the blowing sand to form this large dune. The dune is probably at least 5000 years old and might have even formed during the last Ice Age (I did not notice anything that could be used to date it). Biologically, there is no doubt that this hill was originally a xeric (dry) prairie. It was probably never plowed because over large areas the original soils are still reasonably intact. However there are very few anthills today, so the surface has probably been dragged or horrowed sometime in the past to smooth it. In some areas there are assorted cuts and fills from old buildings, small garbage pits, roads, etc. On the south end of the hill, topsoil was scraped off sometime during the last decade; and fill dirt was added this year. Grazing has been very intense for at least the past decade and the only native forbs left standing and identifyable today were those species that cattle will not eat- blue vervain, monarda, a few rush species, and antennaria. Assorted thom bushes and trees which can resist heavy grazing (locust, osage orange and multiflora rose) have extensively invaded the site. It is quite possible that many of the original dry prairie species still remain on the site in a dormant condition as bulbs, rhizomes, taproots, spores, seeds and dwarf plants. The only practical way to evaluate this is to cease grazing for a summer and see ~vhat recovers. The site is, or was, home to the ornate box turtle, a rare species which only lives in non-forested sand dunes which are not being cultivated. I found a dead one on Gilbert Street near the hill in 1994 or 1995 and observed a few old shell scraps lying around today. Mr. Richard (Sandy) Rhodes has apparently been transplanting them off of the hill during the last few years and I found no active burrows today. I did not visit the house and barn area, figuring that this had been even more modified in the past. The sandy soils recharge groundwater very readily and there is a mounded water table inside the hill, which can be observed in the old borrow put in the southeast side. This groundwater leaks out around the lower edges and forms a broken necklace of little wetlands at the base of the hill. The borrow pit in the southeast side is at least 70 years old, judging from the old cottonwood tree growing inside it. The Iowa City Flint Glass manufacturing Co.* was located at Kirkwood Avenue and Maiden Lane from about 1880-1882. This sand dune would have been the nearest source of fine, clean, dry sand and the pit may have been opened at that time to supply glass sand. Excavation in that era could have been with horse-drawn skips and would not have extended below the water table. In recent times, additional excavations in the middle of the pit have been made below the water table to supply livestock with water. The pit has probably been mined on an occasional basis for fill sand and mortar sand for the past century. In 1992, I recommended that the City purchase the hill for development into a prairie park. This would entail cutting out the brush and weed trees and probably replanting many missing xeric prairie species. Savanna oaks probably grew in the swales and draws and would be easy to reestablish there today. I still think that this is a good recommendation, which could provide a fantastic view from a windswept prairie hill, and it saddens me that this unique opportunity' is being lost. Damn!! ! The portion of the hill with the best opportunities for xeric prairie restoration are likely to be in the southwest sector, where the brush and tree invasion is not so dense and there are many patches of native soil still remaining. If I can be of any help in planning the future of this site, please call. Sincerely, Lon D. Drake 2025 Redwing Hollow SW Oxford, IA 52322 *For more details on the Glass Factory, see Irving Weber's first volume of"Historical Stories about Iowa City, 1976, I C Lions Club, pages 258-260. 20]4 Rochester Ave. [~1.~,~,,1,,.. iowa City~ ~A 52245 20 December 200] .]ulie Tallman City of iowa City, Housing and [nspaction Services 4]0 East Washington Street ~ -: r~ . .... Iowa City IA 52240 Re: Your l~lemo of 17 December 2001 re: Lots 1, 2 and 3 Napoleon Heights (proposed) arterial Please distribute to City staff on your original list (Nitch Bohr; Doug Boothroy; Karin Franklin; T~l~Henee~ Dear Ms Tallman: Thank you for arranging the site ~,isit on Saturday 15 December 2001 to the area of the former Showers/McCollister Farm which is proposed to be developed for the extension of Normon Trek Boulevard east of South Gilbert Street (as described in your above cited IVlemo). ! trust your on-site time was as pleasant as mine. Unfortunately, ! am troubled by your summa~' of my observations of the potential for the pastured part of this tract to harbor praide remnants. Please note that my below remarks exclude both the presently row-cropped areas (beth that on the !owa River "botto~n~ and that on the upland to the north and east) and also the area dug up to install the South River Corridor !nterceptor Sewer; none of these three areas have any potential for harboring prairie remnants. 1) This pasture is so heavily grazed that accurate evaluation of the potential praide remnants can not be made at the present time. The only way to conduct an evaluation is to exclude grazing for at least one full growing season (two would be better), bum the entire area in the Spring, and observe the recovery of the vegetation during the next full growing season alter the burn. ! base this recommendation on my own experience with management of prairie remnants including that on our 480 acre farm in !owa County where we have been restoring the surviving prairie remnants since Spring 1997. !f you and other City staff would like greater detail about this point, please feel free to contact me. 2) During about 20 site visits (since October 1994 and in cooperation with an !owa DNR experimental project to relocate ornate box turtles) ! have observed remnant praide plants in localities scattered throuclhout the pastured area of 'Napoleon Heights." Thus there is good potential for the pasture as a whole to harbor prairie remnants. This area does include the hillside to the north and east of the proposed alignment of I~ormon Trek Boulevard extended (and being intersected by it at the southern edge of the pasture). As ] tried to make clear during our site visit, because of the heavily grazed condition of the pasture at this time ! can neither confirm nor refute the exact locations or extent of specific prairie remnant areas within it. Nonetheless, the presence nearby in the same pasture of such species as Carolina puccoon strongly suggests that there is good potential for degraded prairie remnants to survive here. The presence of the more "weecl~ prairie species (like pussy toes, Virginia mountain mint, and wild bergamot) which can survive or even prosper under a heavy grazing regime also indicates a potential worth taking the time to carefully evaluate. Perhaps the distinction between the simple occurrence of remnant prairie plants and documentable prairie remnants is ovedy confusing, but again, ! would be happy to further discuss these concepts with you and other City staff. 3) Some small areas of this pasture presently seem to have higher potential to harbor less degraded prairie remnants than the pasture as a whole (but see point ] above). One such place is the seep which we could see at the base of hillside (at the location of Lots 35, 36, 37 and the local st~et illustrated to the east on the Concept Plan dated 09/19/01). Even if not developed to residential lots, etc., this area probably would be severely disturbed dudng construction of the proposed arterial just to the south. 4) Dr. Lon Drake (Geoscience Department, University of !owa, now Professor Emeritus; personal communication 1994) also believed that this pasture 'may be remnant sand prairie' (See my Memorandum to John Fleckenstein dated 8 October ]994, a copy of which was sent to Karin Franklin, Planning and Community Development, City of iowa City). ?.f/;~ ' ~-~/pi''~''* '~- Rhodes, 19 December 2001 Nation Heigh~ (pro~) a~edal 5) R~arding the ~pulaUon of or~te ~x tu~l~ (1i~ by Iowa as '~r~te~'~ and to which you refer by an o~lete common name "~int~' ~x ~RI~. Your summa~ ~rately refl~ my views a~ut the ~pulation ~own to ~ur on ~is sKe. However, I remind you that ~ mu~ ~ ob~in~ from Iowa DNR to relate any of th~ tu~l~ to '~fe" areas. Fu~e~ore, if by the time ~n~ion ~ins on ~e a~erial, a signifi~nt effoR has not ~n made to re,re su~Mng individuals ~ere may have to ~ measur~ ~ken to exclude ~x tu~ f~m the con~u~ion ar~. PI~ ~ ~e d~ument fil~ wi~ the Q~ Cle$ "95 ~ ~ AH 9:~" t~ "Proj~ Nanual for Cont~ ~ ~h RNer ~rr~r Inter~or and Relief ~we~..." on ~e ~ge head~ "12~ - Z S~ CLUING / wp787 SE~ON 02110 Page ~" under "Pa~ 3 ~E~ON" ~on "3.0~ ~X ~R~E PROLCON" for de~ils of an exclusion me~. ~ank you for your a~ention to ~is ma~er, Richard S Rh~ II ~: Gle~ide~, ~ate ~velopment ~., 755 No~on Trek ~ul~a~, IC Growth threatens box habitats By John Shllfley Gazelte Johnsc~ Cou~ Bureau IOWA CiTY -- Some ornate box turtles m~l~iug their home on the southern edge of Iowa City are emerging as poster animals representing hundreds of species being dis- placed by the urboni~ation of rural Iowa. "They're kind of unasst~ming. You really have to look for SPORTS/ RECREATION them," said Lisa Hemesath, a wildlife biologist with the Iowa ~ Department Of Natural Resourc- A box turtle found on the southeast edge of Iowa CiE O --:: The turtles are a perfect ex- save the turtles, who will likely McCollister farm, l~r~v-atelyr'~ .... ample of a species easily threat- fred themselves hu the center of owned property within:~Ilel ~ity ® '"i-1 ened by encroaching develop- future development, limits. A seven-person:~tst-~ ~i~ ment: dependent on a unique "What we're ~rying to do is owns the land ..... -~-. z~: and dying topography, slow- stay ahead of the curve here so Trust member Portia~o~Per cb moving and unlikely to re-locate we aren't reacting at the last of Iowa City said the ~t has '~' themselves, easily captured as minute to bulldozers," said been informed by the c~ that c~ pets and, perhaps most imper- Rhodes, an adjunct professor of some of the land includes sensi- co tantly, inconspicuous, geology at the University of Io- rive features -- inch/ding a wet- As Don Pfeilfer, a DNR dis- wa. lands area -- that will make it trict wildlife supervisor, put it, Thompson, a DNR wildlife bi- unsuitable for development. "No one gets up in arms about ologist, said there have been two The area in which the turtles turtles .... It's not like the bald large populations of ornate box live fa]Is under restrictions be- eagle." turtles identified in Eastern Io- cause the ornate box turtle is a But a few are attempting to wa, one on the border between state4hreatened species. save the turtles, who may be in Louisa and Muscaline counties, Cooper said there have been trouble when a project to join the other at the Hawkeye Wild- offers from developers to buy Iowa City's north and south life Area in northern Johnson some of the land, but not the wastewater treatment plants is County. entire 170 acres. "We'd like to completed. That isn't soheduled sell it all at once," said Cooper to happen for another 20 THE SIZE AND range of the who betieves that will be more months, but when it does it will pepulation south of Iowa City is likely once the sewer project is create prime southside real es- unknown, said Thompson, finished. tare by provicllng it access to the whose office was first notified of "That area that (the city has) city's sewer system, said Dave its presence when a woman sectioned off would make a nice Elias of Iowa City's wastewater spotted one of the turtles trying park and focal point for build- superintendent, to cross Sand Road three years lng." With that in mind, Richard ago. Developers may soon agree, "Sandy" Rhodes and Tim The turtles live in a sandy but experts say the turtles are Thompson have begun trying to area on the former James unlikely to survive any major Criterium race shifts, un in Coralville Growth: Protecting wildlife 'BI From page 1 to develop. That's why solutions velopment in northern Johnson aren't easy, particnlary when County between Iowa City and taking into account an expand. Cedar Rapids, targets "prevent- lng human population, ing loss of natural resources," "You can't condense the prob- including wildlife habitat. lera into a neat solution because Pfeiffer would like to see zon- then you're in danger of misstat- ing play an active role, as well ing how complex life on earth as the creation of "covenants" is," said Jim Walters, president that wonid keep certain land of the Johnson County Songbird undeveloped. "Are we willing to Project. "The biggest danger is do those things?" he said. we're playing without under- Otherwise, Pfeiffer said, a sce- standing all the rules, and we nario becoming familiar to DNR need io be more cautious when and animal shelter staff all over we do that-" Iowa will continue to play itself Birders have been successful out until it's too late. It starts ,' in staving off the elimination of with a family bullding a new some native warblers, most no- house in the woods. tably the bluebird, a cavity. "They're not going to fence off dwelling bird rnakirlg a come- the area and plant trees, they're hack thanks in part to bluebird going to mow it," Pfeiffer said. boxes bniIt and monitored by "When the deer come and get volunteers around the state, into their yard they're going to There have been other suc- complain, too. When the wood- cessful efforts to improve habi* chuck starts eatlng their peas tat&, including the Conservation and the foundation boards on Reserve Program, which pays their house they're going to landowners fo keep environmen- want to kn~w how to get rid of tally sensitive farmland out of it,~ production. (.~be woodpeckers who live in ~hanges, even in a park setting. But most agree that local zon- th~t~.~., wbil~h the~had taken l'he influx of roads, pets, curi- ing will play a large part in ou~ sta~ pec!Lbik at their )us children and fringe dwellers conserving these habitats. As c~ Wood m~lln§-fl3~cause in- ike raccoons that development designed, the new Sensitive Ar- sec~.~; .a~ lay~g egg~in there. )rings could quickly kill them cas Ordinance in Iowa City The.:~peck~"s dml~ appreci- )ff. 'doesn't target endangered ani- ate ~th.~d_',l~eaut~ of ~ siding. reals'but could save some habi- The ~q~vnte~s are going to "Basically they're not going to tat by protecting wetlands, prai- call nj~the DNR and say, 'This ~urvive in a suburban or urban ries, slopes and other sensitive bird ~ pec ~k~ at my house, ~etting," Hemesath said. areas within city limits, what can I do abe/It, it?'" A new policy goal suggested "Well, go back to town, they THOMPSON SAID he'd like for the North Corridor Plan, didn't bother yon there. But you to see the turtle relocated to a which outlines objectives for de- can't tell people that." preserved area where the box turtle once lived but, for a vari- sty of reasons, no longer does. Althen eleo...., association head Pfeiffer said finding a solution IOWA CITY -- Gary Althen, - NAFSA is an 8,000-meraber is important because the box assistant director of foreian sin- organization of international ed- turtle is just one of over 10o dent and scholar advising at the ucators who are committed to endangered, threatened or spe- University of Iowa Office of In- strengthening exchanges be- cial concern animals native to ternational Education and Ser- tween the United States and the Iowa that could easily go the vices (Om, S), has been elected rest of the world. way of the bison, passenger pi- president of a national organiza- Althen will be responsible for geon and prairie chicken, tion for international educators, helping guide the organization "In North America you'll in June he will officially be- through what many internation- probably see a lot of species die come president-elect of NAFSA: al educators regard as a particu~ in this way," Pfeiffer said. "It's Association of international Ed- larly trying time, with govern- not nationwide, but this is one ucators, and will serve during merit cutbacks in international of the only places in Iowa these the organization's 50th anniver- education programs and other box turtles are found." sary year, 1997-98. issues facing NAFSA members. CONCEPT PLAN 09119101 IOWA p,!"i ~' L/ALA Sterling Housing, LLC Collegiate Residences Development *,* Management 6363 Woodway, Suite 1000 Houston, Texas 77057 (713) 570-0300 Sterling Housing, LLC In 1997, The Dinerstein Companies, under the direction of its corporate principals, recognized the need to provide new, high-quaht,v multi-family housing designed specifically and exclusively for college students. The housing supply for most major colleges and universities was found to he inadequate, dated and expensive. After many visits to major colleges across the country. The Dinerstein Companies formed Sterling [-lousing, LLC to specialize in the development collegiate residences throughout the United Slates. As a general rule, only scho,,ls with a total enrollment (including part-time ami graduate stude, nts) of greater than 10,000 are considered tlr the program. }'h,wever, -~,,me smaller school: are the exception to the rule because · the exclusivity of the student · the disp,,sahle inc,.ne of many slmlcnts in private colleges; unique housing siluations; the availahihty of quality off-campus housing. The physical location o~ the prope~y must be in close proximity to the I~nivcrsily. Campus parking appears to ~e a universal problem. There(ore, it is prehrred that the site bc se~ed by th~. sch¢ol's shuttle semite. l~tilizing the in-honse constructi,m capabilities of DMC Building Company, Inc. an aggressive ctmstruction program for the next three t¢ I~ive years is expected. The Dinerstein Companies (thc developer) cnrrently has tl~e in-house construction capability and horrowinS capacity t¢ produce five t¢ eight student ]musinS projects per year. Visit our web site at untnv.sterlingbousing.corn for further information on future sites. STERLING HOUSING, LLC Project - University Location Units [ Beds Status Sterling University Parks Waco, TX 172 I ~8 q~n~:i~ ,,~, Baylor University [Sterling Univ~i~ Vdlage College Station, ~ 220 [ ~0 Operating - 1998 Texas A & M U~ve,~i~ IS~crlin~ ~'nive~i~ Sp~n~ San Marco~, ~ 152 [ 5~ Op~ratin~- 1998 ~lSouthwe~t Texas ~lSterlin, [!nivemity Peahs Boulder~ CO 192 I 384 O~ra~ing - 1998 I Sterhn~ Unive~i¢ ~o~ A~um, ~ lA'urn Universi¢ ~fS~erh~g Un~w~ T~c~ Ox~d, MS 156 } ~2 ~era~ng - 1900 ~/UffiversitY °[ Mis~issippi /S~erhng Unive~i¢ Grins Noman, OK 166 ~ 516 Operatin~ - 1999 [Sterling [,niversi¢ Heights ~o~lle, TN 204 [ 6~ O~rating- 1999 ~[ U~versi~ of Te~essee [ ~[[Stert~g Unive~i~ Crescent Baton Rouge, ~ 192 [ 660 Operating - 19~ ,~lLouisiana State U~verslty ~/S~rl~ Universi~ Canyon Austin, ~ 192 I 660 Operating - 2000 ] U~versity o[ Tex~ ~[S~rling Unive~i~ Glades Gaine~le, FL 120 [ ~2 ~erating- 2O00 ~)]U~versi~ of ~ [Sterl~ff Unive~i~ Grove Ta~aha~ee, FL 168 { $Y6 ~e~tln~- 2000 ~[Flofi& State U~versi~ ] Sterling Unive~i~ Glen Blooming~n, IN 188 [ 528 ~erating - 2000 ] Indiana U~v~rsi~ []~pe~ [ Sterling University Fields Savoy, IL....... 1'9:2-]598 Operating-2000 i ~lSterling Unive~i¢ Meadows Mt. Pleasant, MI 1~ I 616 Operating- 2000 ~[ ~ ~Sterling Universi~ Commons Boston, ~ lSO IlSO Opera[in~- 2000 ~1 ISterhng Unive~i~ Gables Muv~eesboro, TN 180 [ ~8 Operating- ~01 t~1~Mi~e Te~essee State [[~Sterhng Unive~i~ Con~ East ~nsing, MI 138 } 516 O~rating- 2001 I1~ ~Sterlin~ Unive~i~ Pla~es ~e*, ~ 1~ ~ 5~0 Ope~at~ - 2001 I~ ~ [Sterlin~ U~iv*~i¢ Pines 8tates~oro, OA 1~ ~ ~S2 Operating- 2001 III ~_/St,~l~ Un~,~i~ V~age Co~e 8taUon, ~ T2 [ 120 Op*ra~in~- 2001 Ill ~ lSd'ling un~ mag~ iMorganto~, ~ t68 I 636 To O~n - 2002 ~ . [West Virgi~a U~versi~ [Sterling t.'mvers.ty ~ lanor Greenville, NC 168 [ 600 :]y~o~e~5 ~: ~ East ~i'~ ~ ~z~X Carolina Umversi~ [Sterling Unlve=i~ Enclave Bowling Grin, OH~ 120 [ 480 ~n~ ~(~0~~?'''~ [Stefl~g Unive=i~ Mils C~ar Fa~s, ~ 120 [ 480 To Open - 2002 ~ [U~verslty of No.hem Iowa ~[Sterling Unive~i~ Ldge l~ramie, ~ 120 [ 480 To Open - 2002 ~/Universi~ of Wyomi~ [ Sterling Unive~i~ Rive~ideCayce, SC 1~ [ 480 To Open - 2002 ·lm Uni [Ste ' g ve~i~ (to~ n~d) Chico. CA 216 [ 7~ To Open-2003 ~ ~ /Califomia S~te U~verslty [SterlingUnive~i~(to~.a~ Charlo~le, VA 1~ I 5~ ~ToO~n-2003 I/Unive~si¢ o~ Vi*~i~a 18~e~in~ [lnive~i~ {to ~ namd) L~hmh, ~ 240 ~ ~ To O~n - 2003 [~Ste~in~ Unlve~i~ (to ~ n~m~) Iowa Ci~, ~ 1~ I 62~ To ~n - 2003 tS~erlin~ Unive~i¢ (to ~ ~d) ~coln, N~ 156 I 5~ To ~n - 2003 ~ ~ [Univer~i~ o' Nebraska ~[S~fl~g Un~e~i~ (~ ~ ~am~) Da~s, CA 128 [ 488 To ~n - 2003 TOT~ 5,672 [ 19,182 Each site is evaluated by National Realty Advisors, an affiliate of The Dinerstein Companies, which specializes in multi-family research and development. Each property will be overseen by Rebecca Shirley, Vice President who monitors the total operation of each property and reports directly to Gary Blumberg, President of Sterling University Management. STERLING HOUSI!NG, LLC IO'~.,VA c ,. =..,~,A SUHTM FEATURES Garden Style Apartment Washer & Dryer in Each Unit Frost-Free Refrigerators with Ice-Markers Ceiling Fans with Overhead Lighting in Each Bedroom Complete Appliance Package Including Microwave Oven Custom Furniture Available · Spacious Closets and Mirrored Closet Doors Individual Personal Lock and Keys for Each Bedroom Multiple Telephone and Communication Lines in Each Unit High Speed Internet Access (Individual internet jack in each bedroom- most locations) STERLING HOUSING, LLC AMENITIES Spectacular Pool Plaza (Outdoor Speaker System) School Logo in Bottom of Pool (Accented with University Logo) Barbecue Grills Sand Volleyball Court Lighted, full size Basketball Court State-of-the-Art Fitness Center (featuring cardiovascular equipment, and complete circuit training) Free Uncovered Parking One Parking Space Per Student Computer Lab (computers with popula~ software, printers and copier) Bicycle Racks Heated Outdoor Jacuzzi STERLING HOUSING, LLC ! SI[I~LIN~ UNIV[t~ITY ! I I ! i ! I I I i I I ! ! Sterling Housing, LLC Collegiate Residences. *s* Dex elopment ',** Management .* 6363 Woodway, Suite 1000 Houston, Texas 77057 (713) 570-0300 Sterling [lousing, LLC Sterling University Housing Collegiate Residence (South Gilbert Street Apartments) Table of Contents Section NARRATIVE ..................................................................................... I SITE PLAN ........................................................................................ II AERIAL SITE MAP ......................................................................... III ENVIRONMENTAL AND WETLAND SUMMARY ..................... IV TRAFFIC IMPACT SUMMARY ...................................................... V RIDERSHIP LETTERS ................................................................... VI PROJECT SUPPORT LETTERS .................................................... VII MANAGEMENT ........................................................................... VIII LANDSCAPE PLAN ....................................................................... IX BUILDING ELEVANTIONS ............................................................ X The Dinerstein Companies THE DINERSTEIN COMPANIES 6363 WOODWAY - SUITE 1000 HOUSTON, TEXAS 77057-1757 713-977-4844 713-570-0329 (FAX) www.dmcmgmt.com March 28, 2002 Re: South Gilbert Street Apartments City Council Members City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Council Members: On behalf of the Dinerstein Companies, I'd like to begin by thanking the City staff for the assistance they have provided on this project. We believe the commitment the City staff has to providing the people of Iowa City with the best possible project is reflected in their efforts. The Dinerstein Companies also desire to have the best possible project and to become a good neighbor while at the same time filling a need in this community to provide luxury student housing to a growing University of Iowa student population, You have before you a rezoning application. We have also requested that your Comprehensive Plan and South District Plan be amended to correspond with the proposed development. Both of these items are needed for this project to move forward. The following is information regarding this project, including overall land use, traffic issues, management, security, issues relating to the current South District Plan, and a brief introduction to the Dinerstein Companies. We hope this information is both helpful and informational. We truly hope you keep in mind the following over-riding goal of our proposed development: The Dinerstein Companies simply wishes to fill a need in providing luxury student rental housing while being environmentally conscious and neighborhood friendly. If there is absolutely anything else you desire to review with respect to the merits of our application, please do not hesitate to contact us. Sincerely, THE DINERSTEIN COMPANIES Gary Fairchild I. THE DINERSTEIN COMPANIES ~%~ ~q~? ,9,~ , ' PlY/:nr The Dinerstein Companies, a family owned private company organized ~3~ ~,955, consists~ot Co., Ekd., DMC Bu,ld~ng Company, Inc., St~¢~ ~,~ousmg properties. The Dinerstein Companies, under the direction of its co,orate principals, control and pagicipate in every phase of operations and development while employing in excess of 350 employees. The Dinerstein Companies have successfully: X Acquired approximately 13,000 units valued in excess of $300 million; X Developed in excess of 27,000 units m costs exceeding $1 billion; X Managed 12,370 stu&nt beds in 22 cities in 15 states. Please refer to additional info~ation on our company and various projects within the separate packet of brochures. The Dinerstein Companies combine their well researched development with careful implementation and management to create outstanding communities that are built to endure. II. THE NEED FOR THIS PROJECT - IOWA CITY, IOWA The Dinerstein Companies prides itself on doing its homework. Prior to any development work occumng, teams of market analysts assess the need for our product in the target community. We have previously researched, assessed, targeted, and implemented projects in both Ames, Iowa and Cedar Falls, Iowa. Both projects have been success stories. The Ames site is cu~ently almost 100% occupied. The Cedar Falls site is under const~ction and well ahead of schedule for Summer 2002 occupation. In fact, we are already 98% leased in Cedar Falls even though the project is not yet complete. We love to show off our finished product and would highly suggest a visit to either project sites. The Dinerstein Companies has conducted extensive market research regarding the need for this type of housing in Iowa City. Our Year 2000 Census shows that over 53 percent of the occupied housing units in Iowa City were rental units. This is very typical for a college town such as Iowa City. Also, 34 percent of the housing units constructed in the metropolitan Iowa City area of Johnson County during the past ten years were multiple-family buildings of five (5) units or more and averaged 12.5 units per building. Our study has also dete~ined that a substantial percentage of stu&nts are forced to reside outside of Iowa City due to the lack of available housing. In addition, the University of Iowa Housing department repons that the 6,200 beds owned by on campus housing are also 100 percent occupied. None of these buildings offer the amenities we are planning to offer with this project. The University projects a one percent enrollment increase through the year 2003 and the entire market within a two-mile radius of the University is holding strong at close to 100 percent occupancy. Housing construction from 1991 through the year 2000 in the Iowa City area and the existing occupancy of housing in Iowa City demonstrates a significant demand for rental housing in the City. III. THE PROPOSED SITE - SOUTH GILBERT STREET Our proposed site is a 17.64 acre parcel on South Gilbert Street in southern Iowa City. This parcel was once a part of the McCollister Farm parcel. Following is a list of some of the technical facts associated with the site. Current Zoning: ID-RM, ID-RS F') _~. Proposed Zoning: OPDH-12 Proposed Units/Buildings: 168 units in 17 buildings with a clubhouse Proposed Amenities: Clubhouse, basketball court, volleyball court, sw~I/mingc~ol, computer lab, state of the art workout facility. ManagemenffMaintenance: On-site Security: On-site, The project provides separate housing for a courtesy officer who patrols the property on foot and also in their vehicles. After hours the answering service forwards all calls to the courtesy officer or resident assistant concerning noise, lock outs, parties and other matters that disturb or threaten the rights comfort, health, safety or convenience of anyone in or near the community. Any lease rules violated by the tenant will subject the tenant to a fine and/or eviction. Setbacks: 40 foot front yard, 50 foot rear yard, 15 foot side yard, 40 foot setback from proposed east/west arter/al Parking: Required parking is 456 spaces. The development proposes one parking space per bedroom, or 624 spaces. Handicapped parking will be provided per state or federal regulations. Parking will be in rear of buildings. We will accommodate one bicycle parking space per unit. Building Height: The buildings do not exceed the 35 foot maximum building height. Open Space: Open space will be provided through out the project with emphasis on landscape buffers on the property fronting Gilbert Street. Site open/green space areas are broken into three (3) categories; landscape buffer along Gilbert Street, landscaping around the clubhouse/pool area, and plantings around buildings or adjacent }¢[32 ~P~ 2c) ~1'1 I: ~eas. The City has a 35 percent open space requirement, but our project provides 55 percent open space· Identfficatmn¥S!t~l'A,~,/' .~ , ~r-~\~/~k[, ~r~ monument, s~gn_ constructed of brick and stucco to match the I(3'~J/~, ~,~1t ,, ,s project's architectural blend wall be located m the entry/exit area. The sign will be situated within the median. Water: A 12-inch water main will provide potable water for this project. The main parallels Gilbert Street on the east side along the frontage of this site· Sanitary Sewer: A gravity interceptor sewer runs through the heart of the proposed site and will easily meet the demands of our project. Storm Sewer: Our project engineer will design a storm water management system which will successfully mitigate the 100 year rainfall volume which will channel water to a regional detention pond on the south side of our property. This site offers an extremely good opportunity to use the philosophy of land use planning· The site is predominately farmland. There is no appreciable development anywhere near this site. The City recently built some office space on the west side of Gilbert Street. A fairly new sanitary sewer lift station is positioned adjacent to the City offices. We anticipate that the South District Land Use Map will be revised to show the intersection of two major arterial streets at this site. It is our understanding that the future home of the City's Public Works Department will be located across the street from this proposed development. Storage facilities (Quonset Huts) are also visible on the west side of Gilbert Street. A quarry operation exists just to the south of our proposed site in rural Johnson County. The decisions made now will affect how this part of town develops in the future. In the future, we will have an industrial type setting to the west of Gilbert Street with the potential of heavy equipment storage, sand/salt stockpiles, and maintenance operations occurring. The presence of the quarry operation to the south also is not the most desirable land use. The site will be at the intersection of two major arterial streets. The topography of this site creates a natural buffer between our development and planned single family development to the east. The placement of owner occupied housing on our proposed site, across the street from these uses, is not feasible for the marketing and sale of owner occupied homes or townhouses. The utility availability and the intersection of two arterial roadways will generate development in the South District. This type of development is appropriate for the site because it allows a transitional land use from the industrial type land use west of Gilbert Street to the planned single- family development to the east of our site. Multi-family is the best use for this property. IV. ECONOMIC IMPACT ..... necessary permits and fees. We use a subsidiary as our general contractor, but nearly all of our material, labor and subcontracting work will come from the local community. The project will create at least eight (8) new jobs. All internal streets will be private and maintained by the owner. V. THE ISSUES With the re-zoning of property them are always going to be some concerns. We believe in getting these issues out on the table, freely discussing them, and hopefully resolving them in a mutually beneficial way. To date, we have had two neighborhood meetings at which we have outlined our plans, our project, and our visions. We have had many healthy discussions and we truly believe the project is the better for it. The following is a discussion of the relevant issues regarding this project. Density This development by definition is a low density development. We are proposing 168 units on 17.64 acres, which is a density equivalent to 9.88 units per acre, much less than the maximum density allowed in a RM-12, Low Density Multi-Family Residential Zone. We are requesting rezoning from Interim Development Single-Family (ID-RS) and Interim Development Multi- Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12). An OPDH-12 is required for this project to allow four (4) roomers in each dwelling unit. The density of this project is such that if this were a single family residential development, the requisite zoning for the development would be RS-8. In fact, under an RS-8 zoning, one could develop duplexes on this property at a density equal to 10 units per acre. A review of the current South District Plan Land Use Map shows apartments located at the comer of this site, surrounded by duplex and/or small lot single family. Our proposed development has a lesser density than the density presently allowed by the South District Plan Land Use Map. Duplexes and small lot single family housing are both permitted uses under a RS-12, High Density Single Family Residential Zone. This type of development would require a minimum lot area per unit of 3,000 square feet, or 14.52 units per acre, significantly more than the 9.88 units per acre planned for this development. Traffic Traffic is always a major concern with multi-family or commercial projects, and rightfully so. However, with this project and the proposed site location, we believe the location is optimal to minimize the traffic effects within the South District. The intersection of two major arterials presents opportunmes with respect to pubhc transportation and being able {J6/~f~lS)e~[af~lc into these arterials. The site will include a radius bus stop at its entrance and will b_e across from a public bike trail. ,~,. } ~ ,: The placement of the apartments at the ~ntersectlon of two arterial streets will help generated by the apartments and transit buses on the arterial street system and off local streets. Based on Institute of Transportation Engineers data, traffic generated from the proposed apartment units on the 17.6 acre site is estimated to be 1026 trips at 6.i i trips per day per unit as compared to 1060 trips per day for i06 single-family detached homes at six (6) homes per acre on I?.6 acres at 10.03 trips per day. Also the greater tendency for students to use available transit services should further reduce traffic generations from the South Gilbert Street Apartments. In addition, we will offer a shuttle service from the complex to the University campus. We predict 60% to $0% of our residents wil] use this service. Environmental Concerns Most of this site has been used in the past as tilled agricultural land. Our Environmental Impact Site Assessment and Wetlands Survey indicated an absence of contaminants, soil conditions, or other environmentally sensitive features that would fall under the jurisdiction of the local Sensitive Areas Ordinance or be subject to other regulations. If ornate box turtles are, in fact, present on the site, we will follow any requirements imposed upon us by the Iowa Department of Natural Resources, the appropriate governing body. The lack of consistency with the Comprehensive Plan The current Comprehensive Plan suggests that the City should not allow an apartment complex with more than 4 to 6 units in an area no larger than 3/10 to 4/10 of an acre. We believe that this current policy does not serve the best interests of Iowa City for a number of reasons. The current Comprehensive Plan ignores the fact that Iowa City has a student population of over 30,000. No where in the Comprehensive Plan does it mention the need to provide, plan for and control student housing. In this respect, the Comprehensive Plan is seriously deficient. One of the predominant goals of the Downtown Planning District and Central Planning District is to "protect the integrity of the older neighborhoods adjacent to downtown and the University of Iowa Campus." This is a worthwhile goal. However, neither the Comprehensive Plan nor each of these district plans provides a solution or an action plan to meet this goal. The City's historic districts are located in these neighborhoods. In order to meet the demand for student housing, there has been an "internal sprawl" of student housing from the downtown/campus area outward. There has also been several conversions of downtown structures into apartment complexes. This has created a constant tension between those seeking development and neighborhood activists and historic preservationists seeking to protect the integrity of these neighborhoods. This development offers a solution to this problem. For convenience, students will naturally live as close as possible to the campus. However, our expenenc~a[~c~n ~tt ~t01~nts are willing to live farther away from campus if certain amenities are provided such as luxury suites pools, workout rooms, on s~te security and management, etc. Our t~ro~ offe~th't~se amenmes. Yet economics dictate that in order to provide those amenities ~(~r('.~i~l~ ~pment is needed like the one we propose. The Comprehensive Plan and South District Plan contain general policies that are intended to be a guide for future land use, but these plans should be flexible enough to allow amendments if there is a compelling mason or if circumstances change in the area. Our proposal requests an amendment of the plans to allow our development to move forward. Although the South District Plan provides for a diversity of housing types, the plan fails to provide sufficient rental housing opportunities. Of the 4.7 square miles (3,008 acres) within the South District only 279 acres (or 9 percent) are proposed as apartments. Be reminded, that 53 percent of the occupied housing units in Iowa City am rental units. In addition to the masons previously mentioned, a medium-sized multi-family development could benefit the City in the following ways: · Smaller developments would likely not have on-site management or on-site security. The economics of having management and/or security on-site for the size of developments the South District Plan encourages would be impossible. The proposed Gilbert Street Apartments would possess both on-site management and security. · No on-site security for a number of smaller developments scattered throughout the South District would likely have a greater impact on the Iowa City police department's resources. · The likelihood of traffic generated by multi-family developments that are encouraged by the South District Plan is higher for local street usage and encourages added traffic around neighborhood schools and parks where children play. Smaller developments scattered through the South District would likely utilize local streets to travel northerly to shop, etc. · The South Gilbert Street Apartments are situated on the fringe of the South District, and several hundred feet from any current residential development. The apartments will also be at the intersection of two major arterial streets. Traffic generated by this development would likely use Gilbert Street to travel northerly, not local streets. · History has shown that smaller apartment buildings scattered throughout a neighborhood are not typically what the community wants. In recent years there has been several requests by neighborhood groups to downzone property to protect the "integrity" of a single family neighborhood (Lucas/Govemor/Bowery neighborhood; Harlocke Weeber neighborhood, etc.). Another good example is the neighborhood opposition that was generated when an apartment complex was built at the comer of Summit and College Streets. · This project would alleviate the internal student sprawl in Iowa City's older, historic neighborhoods. Historic Preservation groups are constantly battling the conversion or raising of older, historic structures to make way for apartment buildings in neighborhoods close to campus. · The efficiency of the City's public transit system is much higher when a bus can stop at one medium-sized development instead of a number of smaller developments scattered around. In summary the proposed project is well suited for the site because of the following masons: A. The apartments will help meet the demand for student housing in the Iowa City area; B. The size of the site is necessary to provide amenities to attract students away from the downtown area; C. This development helps protect Iowa City's older historic neighborhoods from the internal sprawl of student housing; D. The apartments will help provide a solution to the City's need to assist with the influx of new students forecasted for the University of Iowa; E. The subject site fronting Gilbert Street across from the existing industrial uses is not desirable for the marketing and sale of owner occupied housing; F. The placement of the apartments on South Gilbert Street provides direct access to the site for automobiles and transit buses from arterial streets and not through local residential streets; G. The estimated traffic generation of 1026 vehicle trips per day from the proposed 168 apartments is less than the estimated 1060 trips per day generated by detached single-family homes on the site at six (6) dwellings per acm. H. The planned large open space and existing hillside adjacent to and east of the site will provide a significant natura! buffer between the apartments and the planned single-family residential areas to the east, and; I. The proposed project will be an attractive enhancement to the Gilbert Street entranceway to the City of Iowa City. Thank you for your careful consideration of our application. TOTAL SITE AREA = 755,001 SQ FT TOTAL BUILDING COVERAGE = 106,927 SQ FT PARKING LOT PAVEMENT = 231,065 SIDEWALK AND AMENITIES 25, TOTAL GREEN SPACE = 59,3,71<- PARK LAND DEDICATION OP~:N AREA 41~,~82DI ~Q.FT. PN 013213 of the property. Several cast iron nranhole covers for a storm sewe~ycgr~,als0 9.bserved in the pasture area northeast of the fence. There was no evidence of th~ ~tl&{n~ previously existed in the southwest corner of the property. No unusual surhce fea~es, such as oil staining, grom~dwater monitoring wells or solid waste disposal, were observed on ~e project site. Visual observations of adjacent properties were performed to identi~ potential off~site sources of contamination that may have impacted the su~ect property. Tlu'ee Quonset buildings are located west of the project site across Gilbert Street. Heavy equipment was observed on xvest sides of the'buildings, but the buildings appem'ed to be vacant. Undeveloped agricultural [and is located to the no~h, south and east of the project site. A cm~ercial s~d and gravel pit is located in the vicinity to the south. Visual observations of these properties provided no indication of envir0~,entally sensitive business being conducted in the vicini~ of the subject property. PRELIMINARY WETLANDS SURVEY A preliminary wetlands survey was conducted on the subject property on November 30, 2001. The survey was limited to a visual inspection of the subject property .with regards to obvious wetland indicators. The southwest 3/4 of the subject property was cultivated farm land covered xvith crop stubble and the northeast 1/4 was pasture land covered with native grass and trees. No hydrophytic vegetation, wl-dch is typical of wetland areas, was observed on the subject property. A small pond is located in the pasture near the northeast comer of the subject property. No obvious wetland indicators were observed around the pond. No other areas of saturated soil or standing water were noted. Based on this cursory sm'vey, no further investigation for wetlands is warranted on the project site. SUlVlMARY Based on our review of available public records, the long term past use of the subject pr o p er t y-h~-lSe~ff~:i~-t/l>r-G.r~.I.--Aef ~h o t o~p~ fid rh-1937 t~if6fi ~h-'r972 "~at ~hTif~ buildings once existed in the southwest corner of the property. Little i~fformation is available on the 6 At,LENDER BIJTZKI~ ENOIN~EP~q INC. '~?? ,~ PN013213 ~u~ r~,,~,£9 p~ I:n7 farm buildings as they existed only through the [ate 1970s or early 1980s. No evi~a~ ofbuildina~ o[ other structures were observed o~ the property dmS~g a ~ecent ske v~sit./O~[~i~ or unusual soil conditions were encountered in soil borings drilled on the subject property duritm a geoteclmical exploration by Al[ender Butzke Engineers· Sun'ounding properties do not appear to be an environmental concern to the pro~ect site. A Preliminary Wetlands Survey was performed for the subject property. This survey has revealed no wetlands on fl~e prQect site· A small pond exists in the northeast portion of the property. but no obvious wetland indicators were observed around the pond. CONCLUSIONS We have performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-00 of South Gilbert Street Apartments in Iowa City, Iowa. This assessment has revealed no evidence of recognized environmental condition in cmmection with the subject property. Results of this Phase I Environmental Site Assessment do not indicate a need for soil or groundwater testing. A Preliminary Wetlands Survey has indicated no evidence of wetlands on the project site. GENERAL The information and recommendations presented in this report are professional opinions based upon visual observations of the site and our interpretation of available public records, which are assumed to be representative oftlfis site. TI-ds does not imply that Allender Butzke Engineers, Inc. has obtained all existh~g ixC'ormation related to this site nor does it guarantee hazardous substances or conditions do not exist at the site. The purpose of this study was to investigate the potential for envirom~ental problems which would be obvious to professionals performing under similar time and budget restraints and was not intended to be an exhaustive search for all potential hazards which may be present at this site. The opinions and recommendations presented herein apply to the site conditions existing at the time of our investigation. 7 ALLENDER BUTZKE ENGINE.ERS INC. Iowa City, Iowa Prepared for: Sterling Housing LLC Prepared t?~ KLrkhan~ kt~cKael & a~clate~ S~¢rling itousm~. 1.1 (' Introductinn ~uth edge oT Io~a (~> nc~ thc Io~a R~cf ~dr~ms Nl~kct~ to I ~fll~ll~ St~ I~ ~ll5 w,It ~ ~tcd un s ~r ~x~ ~[ c pro~)~ complex ~s ~o Sm~' Obmc~ [~ pu~ of this ~ I~ to ~1) ze t~ ~m~ts of the tm/~c generated h~ t~ ~o~d desclopmenl on t~ ~j~-enl r~a). ~ulh (;i[~ Steel I~l~ ~lthm t~ ~ys~s ~c t~' existing n~a) co~itJons ~ Icsel level oJ ~ ice 10r ~ ~j~enl l~ ~ q~sl~on th~s st~) ~ks Io ~s~cr ~s ~t~ I~ c~stsng l~t~l~ ~a3 c~ ~lc tM ~ditso~ tmf~c s ol~es ge~ml~ b~ ~is ~vel~l limb ~ ~ ~ site ~ ~ ~ ~ hi~y W~ ~ ~y is a 24 f~t- article ~c c~ ~m ~ lo~a ~ ~ ~vi~ in ~r I~. ~ s~ ~th Oil~H S~'W~ ~ ~vin$ 2.2~ vehiel~ A~ Av~e ~il) {m~c ~ t~ ~ut~ c~t3 limiB. ~ Figm 2 Using a I-I ~ ~l ~ f~lor ~r ye~ I~ on Jo~n Co~l~ I~N2~ ~pulation ~), ~ c~l ~c esti~le ye~ 2~2 ~11 ~ i~ lo 2,363 sehicl~ ~ d~ a ~i~ ~lion. T~i~ v~ for K ~ ~ in I~ti~ of~lion Engi~s ~I~) Highly C~i~ M~ 2~ in exhibit q-2, for ~ ~ ~ K~ 0.~ ho~, ~t~c vol~ ma~ ~ ge~ml~ mule into I~ ~il~ A I~c~ vnlue ~blis~ ~djusling Ihe 2,36~ vehicles ~ ~i~lds ~ ~x~slmg solve of 128 di~lso~ ~ehicles ~ ~ur m one di~l~on ~ 85 ds~l~onal s ehi~les ~r hour in I~ op~>smg diction Iht numar ol ~ce~s ~)lnts along thc ~a~ Is al~ ~ ~m~)~ant t~tor on the cfl~ctenc~ ~d ~tet~ ol a r~sad~a~ Inc~md ~o~ts ol ~'t~t3 at ~cess ~mts taurus drivers to reduce thc~r s~ed. afl~tme o~ll s~. ~l~tx. and el~ctenc~ ol t~ ro~ax ( u~entl~ there ~e le~ [ ()S I~; a m(:a.surc ol ¢I],~¢t1'. t'n(:~'~ l{~r Italini_ sCrVl~:e ~t)ndillOns. ilid I,, blxscd i)ll dc|il? b~, ,,ehJ~l¢~ f~llov, mi; olhcT ,,~h,(:lc*, -,nd on a,,¢raf~e Ira~,¢l speed i { )S ranl~¢5 lrom "A"{thc I~ "F"{thc v, or~l L ,,,,Lth } ()S -.¥~ rcprc.',cntint~ little o~ no dclay, and I ()S ~*t'" rclwcscmml~ cxtrcm(: d~:la.,, LO.q ",t'". or bcucf. ~ consL~ dcs~rabl¢. I.O.q "D" bcml~ a~ccptabl¢ m s(~mc urban ~tualion3. ibc quahtm~c d~fini~ion of each calctco~ can hc Iound In thc Appendix Calculatiom for th~ 2000 for Dircclional Two-way Two-lane tli~hway SeFncm AliJdysi$ Tke ex~TIl~ k'vel of iervlee for this ~e~n~ent is tal¢llated to be LOS 'B.# Fmc Appendiz a. h~tlon ~ill ~ ~uth ol'N~dcon I~nc .hich will ~n ahmg t~ ~uth sl~ of t~ Slt¢ ~ ffO~ ~crial ~iII co~t to ~uth (iil~ St~t o(R) l~ ~)uth oft~ ~m entice For ~ ]'he resultant uap generation mir is 10 9 raps per day per dv..¢lling unit. or I R31 raps per da) Trm Distrtbuflo~ end ~4$$t~lmellt I'hcse raps then need to he assigned b.~ mkMe and distribution direction in .rdcr lo determine ii%¢rage number of' vehicles added to the road,,*,-ay traft~c volumes {':lrst. ii percentage of trlp.~ wdl b< accomplished b~ utlhz~ng a tra~lsil .,3stem ! his housing complex ,~,Lll ser~e a high percentage of'{ !nl~erslt3 students, but the campus hits onl.~ a limited amounl o! parking '~ a~ment devch)~cnt ~ll ~OVlde a ~utde hu~ from t~ complex lo the ne~st c~pux bus {('~bus) stop. or dLr~tl3 to c~p~. Da~. obtained from l~ bus system m Amc~. la (('3-Ride) ~here a bu~ ri)utc ~ a Sterling ~mcnt~ site. sho~5 ~ . ~hicl~s I~l ~ all~ I~ I~ a pl~c lO ~ ~ C~. Or ~1 droop olhc~ oil as ~ ~'ill m~l all~pI lO ~j~Sl I~ ~chicle t~lGc l~ ~ls t~lOr IIo~c~t nolo I~l Ibis tow~ coll~l~ sl~nlS, w~ ~ill ~ ~1 I~. of~ I~ t~lc ~lll flow to -~is ~ion ~!1 c~gc ~ ~veio~t c~ in ~ ~ ~S~ I~ [-~l-W~ ~1. ~t f~ ~ ~ ~ild~s of~ site ~ di~ion ~11 ~ ~ di~li~ ~1~. ~is ~ will ~1 I~ m ~ ~m. ~ p.m. ~s. ~ ~ ~11 ~ss~ ~ hight or w~, Is di~ti~ We ~ve ~ ~ di~ti~ ~ is lo ~ m~ Iow~ c~ in ~ a.m., ~ ~u~ or away t~m c~ m ~ pm. ~ ~'a) m which we a~ ~ on-~ g~ ~c wi~ a I~/e di~ti~ disln~t~on is v~ in ~. An) di~d~tion o~ t~ t~ I~/, di~tio~ dis~tion wc ~ve ~s~ will ~e t~ level ot'~'lce ~m~vc %'e will a~n ~ly ~ ~1~ K t~o~ ot 0.~ ]~ ~sul~t ~tici~l~ tbl~ di~tio~l vol~e is 250 vehicl~ ~ ~ o~ wa) ~ 85 vch~cle~ ~ur In ~n=lysis =nd Recommend~,tion t~ ~uth (nigh St~ A~menl s~le I on~-~e~ ~lys~s, ~th tmurv hul!d4)ul ol 1~' ~'~/ ~ /0/1/~ su~m~ a~a. ~s m~t ~ of th~s st~ ' (*a~ity ~w~ 2~t ~ a lOS B ~ calculat~ for ~is I~mmn Fu~ ~ly~s ~w~ [h~s ~s g~tmg clout to a B~(' Ic~cl of ~cc. ~1 is ~ill cl~asifi~ ~ a I f)S B ~ Ap~x H S~c ~ level ot ~cc ~mm~d at Ic~cl H m* u~ ot ~ c~n[ I~t,-I~ t~ila} ~s ~1~ al [his ii~ Conclusions l'hc following conclusions wen: d~veloped ~ on ~ ~c ~l)'s~s of t~ imm~tmc l~ll ~ild~ut co.ilion of ~ suhj~t sil~: · ~s ~c ~ysis ~ ~pli~ ~i~ v~ ~ati~/~istic ~ m ~vel~i~ ~ ~p g~i~ for ~ subj~ ~: Adjust f~to~ we~ ~ ~ u~ ~ ~ ~t~l ~itiom; ~ ~j~t f~ ~ nd~p ~ ~ ~ ~ ~t~ n~ip in a simil~ ex~t, ~1 in ~ ~ of ~ng ~t~ ~ ~m we Mve ~ a Iowrr No ~j~l f~lor ~ ~n ~li~ for c~ ~ling ~e ~vc u~d a wo~l<a~ ~c~o for di~lo~l distfihul"m · The level ol service t0r thc roadway adjacent to Ibc apartment s;tr will ~m m ~ l()~ B ~gc ~ ~ ~elo~ent of the a~ment complex ~hts is ~ ~ceptahlc level ~ith I.OS C or ~tler ~]ng d~mhlc · As thlu~. ~itio~l dcselo~cms ~cm ~n ~ s~ing ~a. ~vc lo ~ st~i~ · A [.OS D twhsch ~ould ~rel ~mHo~cmcmsl would ~l ~cur 8comclncs un6t 4~ di~l~o~l vehscl~ ~r ~mr ~ ~d~ · e ~uivalcnt of 7.glo Iolal vehicles ~r ~ EXHIBIT "B" Gary: For the fall semester, CyRide averaged 139 passengers boarding per day at Sterling Plains. It is safe to assume that the return trips were about the same, although we often have more people returning to an apartment building than leave in the morning. This is because there is some ride sharing to campus, but the bus is used for the return trips. Our heaviest days are Monday and Wednesday and I would guess that the ridership is about 10% higher than average on those days. Tuesdays and Thursdays are lighter ridership days. If you need any additional information, please let me know. 5LS-23g-5s63 EXHIBIT "B" SeptemBer 7, 2001 Attu: Witch B~i. ley Sterling 'U~Sx,em~ty. Crescent ha~ 192 apar~mmats wi. th 660 bed ~pa~s. ~e estate ~at 35[~00 of o~ t¢~ideam fide ~ ~U bus to auend cl~ ~a:h day, O~ re~id~t, d~.d upon fne bus ~t~ md it w~ m ~o~t ~ctor whm ~ey w~e choos~ a residence. plebe c~l if ~'a need ~y o~ ~fomatio[ Sincerely, Melmie Cormier J ,-~ SepteraberS, 200~ The shuttle is ~dl to capacity on a daily barb and almost during every shuttle nnz On the average, there we approxinmtely 275-300 residents that 'fide the shuttle dml¥. On a bu~y cl~s schcdule day, there b more= somcthnes almost 350 residents per day. Sterling UrJversi.~.y Greens has !56 units a~d 516 bcd space~. Universe, Greens 2900 Oak 7ree Avenu~ Norrna~ Oldahoma 73072 M~in (405) 292~.044 Back-Uric ~405; 292-0044 F~x [405} 29244~2 £UH EXHIBIT T~nnessea has bee~ a huge succms~ fo~ the apartment c~munity, the ~herefore the re$ideats ~a~not walk. Parkin~ on Campus is very scarce. The ~e~i~nt~ enjoy riding the bus and they love the oonvenien:e of it, in our ~ffice for Knoxviil~ Are~ Transit so the ~cudenta can frcm. }C~oxv£1ie ~rea Transit, ~T, has ~ot g~t a c~un~ of our ~ider$~ip .~ur Augu&~ 20~! yet. T~e'ri~er£hip for last y~a£ was 32,696 for Fa!! and ~pri~ se~ster. Th£~ calau~m~ tc be 244 peomie p~r day. If you ha~e any qued:ions, pie~se give m~ a call at ($65) 609-7767. Also, I ~m f~:~ng a !et~e~ o~ recommendatiun from'KAT ~o you. Amy Y~rnell SUMei~h~s Knoxvil!e~ TN Knoxvliie ~-~ .. ..... .~.- : .- -5 . . . " · ; ' ','~ .-".:' . mror~nom · , "- Since ' ~... · . .. ~. ~ ~ ........... i 135 Magnoii~ Avenue. ,k Ka'oxvllJe. T~nne~se?, ~59 i 7 EXHIBIT "B" September 5.. 2001 Dear Mimh Bailey, Stcrling Univ~-sity Court apartments are located in Lansing, Michigan. We have 138 apartments and $16 beds. We inolude a bus pass hn the rent for our student's convenience, The bus makes 20 stops per day outside of our clubhouse, wifla 20 people tiding at a time, Over 400 of our residents utilize thc Cata bus pass that we provide for them. If you have may questions please. fcei free to contact mc during normal business hours at 517-272-4044, Thallk yott. Kati¢ ~a~on - ro ~-~ Community Manager EXHIBIT "B" ~,etsy Yaides From: Cindy ComD$ [parksmanager@suhi3erk$.com] ~ent: Wednesday, Septembsr 05, 2~01 ~:44 ~ ~e: Be~ Vai~es Subject: Bus Memo To: Betsy Vaides F,o,.~ Cindy M, Combs CC: ~,,~, 9/5/01 ~; Steding University Parks in Waco, Texas was built in ~998. We presently have 648 bed spaces a~d 172 apa~ments with 11 buildings not including the clubhouse. Out of 648 bed spaces about 5 -!0% use the trolley instead of d(i~ing their own vehicle, ~ding a bike, or walking. The trolley route is provided to the res~eents at ne charge. We are ~nsidered on the go~d route, which picks up evew thi~y minutes. We also have a ~vered bus stop that we provide fo~ the residents on rainy days. e~-~..~ CiTY OF CAYCE ~al, ~a~. -- M~jor Thomas M, Jones Avery ~. Wilkerson, Ir. D.J. Hammond & Associates, Irtc. MayorPro.tem 11801 Lavaca Street Ker~e~ O. jump. r Austin, TX 78701 c,~,,o't ~,~b,~ Mar~h 1, 2002 Andrew J. lturnette Rober~ E. Ivalpa,s Reference: Sterling University Collegiate Residences Richard N. Myers Ci~ Ma,a,~,'~ Dear Mr. Jones; John C. Sharl~ Public Sa/cry NOW that the construction phas~ of your project in the City of Cayce is Charles E. Mc. Naircoming to an end I wanted to se~d you this letter and officially welcome you into our community. We slso wish to ~ommend you mt the way this project has l~en handled from the very b~inning, Your commitment to excellenc~ not only to ~h¢ adjacent prope~ owners but also the overall Cky is a sumdard that we can only hope rutum projects will aspire to accomplish. Not only was your.project completed in s timely fa~Morg y6ur ¢ooperatlon and coordination of your s~b-conttactors aided the City gr~ly in their inspection process. Your Project Manager, Mr. John Reynolds, not only coordinated the site work md oonatmc~ion or 11~ units, he kelX the site clean, as dust free as possible and in short made it a pleasure to insp~. Your contribution of an easemem to the City for the contlnuaticn of the pathwsy from its' Riverwalk Park to historic downtown Cayce has only enhane.~ your reputsgon with tim City. You haw proved to the City that you will 1~ a great partner and corporate citizen. If we can assist you in any way possible, pleas~ do not hesitate to contact us. Sincerely, - -'--~ -T~ o Mayor ~ Cc lohn C. Sharpe, City Manager Kenneth C. Knudsen, AICP, Director Planning & Development 1~00 TWF, L~I~ S'rR~T * Pt,~-T OFFS~ ~OX 200zJ * C. AY~ ,~OUT[I CAROLINA 29171-2004 T~:t. (80'3) 796-9020 · FAX (803) 796-9072 NET WEI~ITE ADOtU..'S$; wwW. cayce~c.net 4 Blue Pencil Creative Group March 8, 2002 Katie Barron, Community Manager Sterling University Court Apartments 4915 Belle Chase Blvd. Lansing, MI 48910 Dear Katie, T commend you and your company for the first class manner in which you have entered our Michigan State University City. You offer a luxury apartment alternative to our existing off campus student slum housing. This cannot do anything but better our economic situation and enhance our civic pride. Your new concept of separate individual leases seems to be starting a trend. Your facility is truly new and inviting and ! think conducive to positive student life. The fact that you joined and are active in the Property Management Association of Michigan shows that you mean business. Blue Pencil Creative Group, Ltd. 517.699.3032 FAX: 517.699.3720 ht tp://www, biuepencit.com 4205 Chartar Drive, Suite 1 · Holt, MI 48842 March 7, 2002 To Whom It May Concern: My name is Mike Murray, and I am an officer with the Austin Police Department. I am writing you on behalf of Sterling University Canyon Apartments. It has been my experience that management stands behind the police department, and is willing to help us, when called upon. In the Austin community, they are considered one of the most reputable communities. In my opinion, they are a positive influence in our community. Respectfully, Austin Police Department The Sabre Radio. ro p Gail Eiler Sterling University Estates 4500 W. Bethel Ave. Muncie, IN 47304 Dear Gail, I would simply like to comment on what a nice addition Sterling University Estates has been to the Muncie community, and especially how it has enhanced the image of off campus Bail State student housing. Having experienced broadcast remotes at your location, interacting with your residence and really understanding the concept, I can't imagine a better environment for a college student. Your shuttle service would seem to be invaluable, and I see it all of the time, so I know it is being well used. The kids there seem to be having a great time, but they all seem to be extremely aware of how nice the environment is, and during our involvement there, have all been remarkably respectful. I wish you continued good success, and look forward to working with you for many years to come. Sincerely, Linda Cortwright Director of Marketing ACADEMIC EXCELLENCE DIVISION OF PUBLIC SAFETY GEORGIA SOU1HERN ~ STA11~SBORO, GEORGIA 30460-~072 TELEPHONE (912) 6814234 U N I V E R S I T Y FAX(912)681..0806 March 6, 2002 TO WHOM IT MAY CONCERN: I have had the pleasant experience of working w/th Lisa Sh~nmons and the staffof Sterling University Pines since thek facility opened in Statesboro, Ga. I have found that the management is concerned with the health and safety of their residents. ! was contacted by Ms. Simmons about implementing a program involving two of our certified officers to serve as courtesy officers on Sterling University Pines property. This program was implemented and has proven to be successful. It is nice to have an apartment complex with staffthat is concerned with providing a safe and secure environment in which the occupants can live and learn while attending Georgia Southern University. John David Miles, Jr. :..> Criminal Investigations Lieutenant ~ ~ December 14, 2001 Ogeechee Technical bonege Sterling University Pines 122 Lanier Drive Stepheng. Beraneu, Pt~0.Statesboro, GA 30458 Pr~sid~ ' Dear Sterling University Pines: On behalf of the faculty, staff, students, and Board of Directors of Ogeechee Technical College, we would tike to thank you for your donation to the annual "Turkeys for Thanksgiving" and/or "Making Spirits Bright" programs. With your generous donation, dinners and trees were delivered to families in our community helping them have a very memorable holiday season. This community is always willing to help support worthwhile causes, and this is just one of the many ways we are able to give something back. Thank you again for your generosity. Stephen A. Deraney, Ph.D. -~ Laurie H. Weeks, Coordinator Turkeys forThank iving Program ~./aane D. Rocke/r, Coordinator Making Spirits Bright Program ms CHAMBER OF COMMERCE ~une 7, 2001 Lisa Sinunons Sterling Apm tments 122 Lanier Drive Statesboro, GA 30458 Dear Lisa: Congratulations! What a great event our annual chamber auction has become!! The success of arty event is evidenced by the quality of the fine people involved in coordinating the event. It has been a pleasure to observe a work in progress result in such a tremendous reflection of the Chamber and its mission. Your enthusiasm and teamwork is second to none and certainly exemplifies the Chamber motto so well...."Working Together Works." Thank you so very much for all of your time, energy, and effort in supporting your Chamber. Post Office Box 2775 Eagle's Landing Court Reporting Stockbridge, Georgia 30281 Office (770) 474-5192 Fax (770) 474-2062 January 23, 2002 Lisa Simmons Sterling University Pines 122 Lanier Drive Statesboro, Georgia 30458 Dear Lisa, It was a pleasure meeting you several weeks ago. I wanted to share with you the appreciation we felt when the time out of your busy schedule on a Sunday to come and~eet cD with us. That really meant a lot to all of us. As a matter of fact, while we were waiting on you to arrive, there were two college girls walking around and I stopped and asked them at least 50 questions. The point I want to make is, one of the students stated that Sterling University Apartments was definitely her choice to stay. She explained to us that she had lived in several apartments previously. The convincing point she made was when she complimented the staff and your complex. She stated that management of a complex can make the difference. She spoke very highly of you. Knowing that a student felt warmed, accepted and new she had an adult to go to impressed us more than all the commodities your complex offered. I just wanted to share that with you. First impressions are great, but the best impressions are those who speak highly of you. Please find the enclosed Rental Application and Lease Agreements along with our checks of $185.00 a piece as stated in the letter. If you have any questions, please do not hesitate to call. As I am sure you will, please let me know just as soon as the girls have a definite place to stay. we are very excited in sharing our girls new step into adulthood. You know, letting go of the rope this much will really be tough. As a parent, their choices will determine their future. Thanks again for your help and support. Sincerely, K~m Hopkins March 7, 2002 Michele Brent Manager Sterling University Greens 2900 Oak Tree Ave. Norman, OK 73072 Michele, Since opening your doors, Sterling University Greens has been an asset to Norman's college community. You've made quality, upscale housing affordable for OU's student body, and you've improved the neighborhood you chose to build in by maintaining clean, well-manicured grounds. Sterling provides students with a refrestfing break from the chain of rip-offs everyone seems to encounter when first moving out on their own, and offers amenities one usually doesn't expect to have until they've gotten out of college. It has been a pride and joy for me to represent Sterling University Greens to the University of Oklahoma through the newspaper. With all that you do, it's no wonder you were voted Norman's Best Apartments by OU students in the Oklahoma Daily! Sincerely, Vaughn W. B~er Adve~is~g Accost Representative Monday, March 4, 2002 Mr. Gary Blumberg President, DMC Dear Mr. Blumberg: The Knoxville Area Transit has had a partnership with Sterling University Heights Community for several years now. KAT provides a shuttle service to students at Sterling, taking them directly to the University of Tennessee, eliminating the need for them to drive to campus. Over 300 students at Sterling purchase bus passes from KAT, which means potentially 600 single auto trips are eliminated from Knoxville's roadways daily, thanks to the partnership with Sterling. This benefit that Sterling offers its residents has spawned other similar programs with competing apartment communities, further reducing congestion on Knoxville's roadways, especially near the University area. The Sterling to UT route has served as a model of an efficient, effective transit route, and KAT refers to the success of that route frequently. The partnership with Sterling has been a very successful one to both parties. We feel that their partnership with K.AT has been of great benefit not only to the transit system, but to the city as a whole. We look forward to continuing our partnership with Sterling University Heights for years to come. Sincerely, Mark E. Hairr General Manager EXHIBIT B "Management" Z7 STERLING UNIVERSITY Febm~ 8, 2002 To ~om It May Concern: It has been brought to my attention ~at a concern exists reg~ng professional m~agament for our ap~ent co~u~W ~ C~co, Califo~a. I would I~e to t~e ~s oppo~ to expla~ ~ ~gh qua~W ofo~ management, The D~nerstein Comp~es were fo~ded in I955 ~d have developed, b~It, ~d m~agad ap~ant co~u~ties across ~e nation. ~ 1997, ~e D~erstein Compares rese~ched tke need for s~dent housing ~d opened ~e~ first s~dent ap~ment co~ties in 199~. To date, we manage 28 co~ties in 21 states. Each co~uniW is staffed with a ~ll-time M~ager, Assistant M~ager, ~d Lead Mainten~ce. Our pa.-time staff ~cludes 5 Co~u~ Assist~ts ~d 4 Resident Maintenmce Crew. The p~-fime staff lives on-site ~d se~es as ~e eyes and e~s of o~ co~W. The office ~d m~ntenanc~ shop ~e located on-site ~ the clubhouse. A~er office ho~s, w~ fo~d ~ phone to ~ ~swa~g se~ice so ~at someone ~swer ~e phon~ 24-~o~s a day. T~s se~ice ~lows us to offer 24-ho~ emergency m~ntenmce. If ~ere is a m~nt~nance problem w~ch t~eatens ~fe or prope~, we will respond i~ediately, even if it is in the ~ddle of~e ~ght. Before being ~ed, eva~ M~ager must complete a series of inte~iews, ~clu~g a inta~iew wi~ ~e Se~or Vice President ~d President of the m~agemant comply. Evew employee must pass a backwood test, w~ch screens for subst~ce' abuse c~ ~stow. We m~a s~e we ~re the most qu~fied c~dates w~o cm provide ~e best customer se~ice ~d profession~ m~agement av~lable. ~er evew employee is ~red, ~ey go t~ough a rigorous ~o-we~k ~g period. Most of our employees tell us that ~ey have never receive~ so much ~i~g ~om a comply before joining o~ tern, We ~n them on eying, ~om F~ HoUsing laws to customer se~ice s~lls. ~u~e~ore, we provide excellent reference matefiag at each co~, including a leas~g ~n~ng video, safeW video, F~ Hous~g CD KOM, f~ housing video, ~d ~ best m~uals ~ tke ~dus~. We have fo~ m~uals ~at cle~ly define o~ po~cias ~d protocol for ~ost evew simation, ~om new cons~ctlon to ~perations. ~1 of o~ fo~s ~ ~clu4ad ~ these m~uals. exce11~nt ~oup of ~a~ers at the co.orate offal to each~o~~d provide continuous ~i~mg ~d suppo~. F~ally, eve~ co~u~ has one employee who has been ~med on how to ~ain newly ~md staff. That person pro.des the on-site ~a~ng needs each co~u~W may haw. 6363 Woodway Drive Suite 1000 · Houston, Texas 77057 · Tel. (713) 570-0300 · Fax [713) 9774806 Check us out On the World Wide Web at www, sterlinghousing.corn STERLING UNIVE4 SITY MANAGEMEN With this much training, our staff is well prepared to provide excellent customer service mad the highest quality of pro£essinnal management. Because our 'mmmals so clearly outline our policies, we are confident our staff can easily provide pro£essional management practices. Moreover, wc have an entire manual dedicated to our resident retention program, "SUH Cares." This program is our way of showing our residents that we care £or them. We deliver birthday cards and balloons to our residcuts ou their birthdays, we host social events once a month for residents to get to know one another, we distribute a monthly newsletter with in£ormative articles, and we constantly provide residents the opportunity to give us feedback in the £orm o£response cards. For example, after every maintenance request, the maintenance technician leaves a "Rate Your Maintenance" card in the apartment. This card is a self-addressed stamped card to the corporate office that the resident can complete, telling us what type of service they received. The residents are also given an 800 number to the corporate office they can call with any questions or comments. Our resident lease contract is extensive and our rules are thorough. This helps us maintain the community in a condition we fred acceptable. We want to ensure that our community is just as beautiful ten years fi:om now as it is the day it is built. We enforce the lease contract and roles and have Guarantors co-sign the lease for additional enforcement. If you need a copy of the lease contract and apartment/community guidelines, I will be glad to provide you with one. In conclusion, Sterl'mg University Management is a professional management company that prides itself in providing excellent customer service and high quality management services. It is with the utmost confidence that I believe Sterling University Management will provide high quality professional management to our residents in Chico. Thank you for your time and attention to tiffs matter. Please feel free to contact me with any questions or concerns. Sincerely, ,.. Rebecca Mikolaj -Shirley :-'~521 ~- r,om Vice-Presideut, Sterling University Housing 6363 Woodway Drive Suite 1000 · Houston, Texas 77057 · Tel. (713) 570-0300 · Fax (713) 977-4806 checl( u~ out on the World Wi~le Web al; Sq'EPd_ING UNIVERSITY tI:OUSING APARTMENT AND COMMUNITY GUIDELINES ADDENDUM Thc folluwln~ Apartment and Community G.ldelht~s ~re ~dded ns part nf tb~ l~asc, R~hleat sim.hi rend thc following Guidelines carefully. A violation of the~e Apartment and Community Guideline, or any ~ddendum to fir~ health, or criminal law~ by Resident or Resldent's g.cst is) shall constitute n violation of the lease; io wlflcb case, Owner shall be entitled to pursue all rights and remedies pursuant to thc Lease and applicable la~v, Resident shafl sometimes be referred to herein as "you", Caplt~liz~d terms used in these Guidelines shall have th~ same meaning In the Lease. YOUR ~PARTMENT HOME I. A~I blinds visible kvm the exterior must s~ow whi~e O~ off-whkc so as to give ~ genc~I[y unifo~ appearance to the communiF. You cannot use loll or other unsightly ma:crisis to cover the windows and you cannot display neon flashing si~s in thc ~ndows. 2. Ga~ents, ~gs or any other items may not be hung from the windows, patios, balconies, common ~11way areas any other exterior area of~c community. 3, You must keep the patios, balconies and common haflway areas whlch are a pa~ of thc Unlt clean and uncluttered. You cannot change thc s~c~rc or appea~nce of any patio or balcony area. You cannot use patios or bakonics for stooge pu~os~s and you cannot fence in, wire in, or othc~visc enclose the patios or balconies. Furniture made for outdoor usc can be u~cd at the Owner's discretion. 4. You cannot dis~ibute, po~t or h~g any slgns or noflces in any portion of the communiW without thc Owner's prlor appro~l. You cannot throw objects from patios, baiconies or windows. 5. Welcome ma~ can be placed ia front ofdoors, but rugs or ca.ct remnants arc not pc~itttd. 6. No electrical and telcph~nt wiring may be installed within thc apartment home. Ext~rlor telcvision or radio amennas or dishes o[any size are prohibited. 7. Door I~ks can only ~ changed with the proper written approval Crom thc O~er. Keys to changed locks will bc dcpozltcd with thc O~cr or O~cr's reprcscntatlve, A fcc in thc minimum amount ot ~25.00 will be assessed for alt lock changes requested while residing in ~e Unit. Mailbox lock changes may be requested at a fee of $10.00. 8. With thc prior approval of thc O~r and proof that you ha~ proper insurance which narcs Ox~cc ~nd Owner's managing agent as "Addi:iona~ Insureds", you can have water beds or water furniture in bottom floor Premises only. 9. No ala~ systems or Ioc~atch changes or rckcying is permitted unless Owner has approved it in x~iting. 10.You cannot modify the Unit's ceilings, floors, wails, shelves, or closets. il. You nccd to be careful not to trisect the overhead sorlnkler system in your Unit. A simple dcpresslon of thc spunkier head wil~ result in a total draining of water from the system. O~er will not be responsible for ~ny damages infused from such si~ations. 12. If you have a pet in your Unit or in the community, we may ass~s a fcc up to $300 (this f~ is in addition to any damages to our prope~ which ~ay h~vc been caused by thc pet) as w~ll as mquirlng you to remove fl~c pct. At nut discretion, we may declare you in violation of your Lease. 13.After you move into your Premises, you are responsible for replacing all interior light bulbs ancot fluorescent tubes in your Pr~mises. Colored bulbs arc not allowed in any exterior light fixture. 14, Halogen light bulb~amps must be used with extreme caution. Do not place halogen bulbs near draperies or othar flammable matc~als. You must monitor the usc of these bulbs, including the heat lcvcL O~er will not be re~onsiblc for any damag~ incuwed from halogen bulh~amps. 15.It you smoke in your Unit or create other types of odors, you need to use proper ventilation. Open windows and use ceiling fans or other fan~ to allow the odors to escape th~ UniL If thc ca.et, furniture, fumlshings, or other items the Unit retain odo~ due to your use, you will ~ re~ponslblc rot removing unwanted smefls and odors. If thc unwanted smells can not be removed, Owner will replace any ca.et, fumlture, fumlshings, or other item~hc cost to remove ~c odors or replace the items will be deducted from your Securi~ ~posit. 16. You or your guests may not an~here in thc community usc un,upraised candles or kerosene lamps x~our prior ~ittcn approval. ACCESS TO YOUR ~IT ' -' 2J'~ You need to n0ti~ O~er of any expected guest(s), dclive~ sO.ice, maid sunice, etc. You will need ~itten ~ission authorizing us to release your apa~ent number, telephone nEmber, or apa~men~e~ey. Your guest will be required to show a fo~ of identification (e.g. driver's license, etc.). Othe~ise O~eny access into the communi~ ~d into your Unit. You expressly a~ce by executing these Guidelines that ~cr may provide info~ation on you or your rental hist6~ For law enforcement, govemmen~l, or business pu~ose~ COMMON A~AS I. Bicycles and other personal proper~ cannot be parked or left outside a Unit, except on private patios, balconies, or bicycle ra~ks that O~er may provide. You cannot hang your bicycles from thc ceiling or wall of the patios or bakoni~ or thc intcffur of the Unit. You may not block stai~ells, hallways, or other fire escape routes with bicycles or other items, 2.For your safe~, team spu~s such as football, baseball, kickball, soccer, dodgebal}, eec, are not pe~iited to be played in the parking areas and pool areas. 3. Use of the co--on areas of the community, including but not limited to, the clubhouse, pool & spa arcs, fitncks center, basketball and volleyball facilities, gameroom, study lounge, and computer room i~ for you and other resideots and their gues~ (no more that two per resident) excep~ in the situation of a resident hosted function which O~mer has pre~ously approved. If you have any gue~ using these facifities, you must accompany your guest at all time. I fyou or your guests usc any of thc Facilities, nfl of you must comply with the guidclincx whiuh are pasted each area, If any person using the facilities is 14 ycars of age or under, that person must be accompanied by a guardian or sponsor who is 18 years or older, FIRE SAFETY 1. Barbecue grills are provided at the pool und/or throughout thc community for rcsidcnt use (where applicahle). The use of all other grills or hibachis h~ust comply with applicable laws and are prohibited from being used on haloonles/patios or decks. 2. You cannot store or repair any gasoline or gas-Fueled vehicle, motorcycle, moped or other similar vehicle in any area of the community or Pr~mlses. 3. You must not tsmper wlth, interfere with, or damage any alarnl cquipn~ent and/or installations, AI~rER HOUR LOCK-OUTS Contact the Office for after-hours Lock-Outs and emergencies. A fee in the minimum amount of $25.00 will be charged and is due and must be paid at,the time service is provided..Call 9 l 1 or any other applicable emergency number in case of fire and other security concerns. PARKING AND?FOWING I. Vehicles in use in the community may not exceed a speed of 1.5 miles per hour. 2.You cannot have more than (1) vehicle in the community. If you improperly park your vehicle, it is subject to being towed away in accordance with state or local statute. 3.Owner will provide you with a vehicle identification sticker. Please place it in the lower lee hand comer of the front windshield of your vehicle (if applicable). You must give up your vehicle identification sticker when you move out. 4.You cannot wash cars or other vehicles on the community grounds. You cannot repair or perform other mechanical or maintenance work on your vehicle within the community. 5. Commercial vehicles, trailers, campers, mobile homes, recreational vehicles, trucks (other than a standard size or smaller pick-up truck or van), inoperable vehicles of any kind, boats, or similar equipment or vehicles, can not remain on any area of the community exccp~ for the temporary purpose uf loading or unloading of passengers or personal property. Commercial vehicles are &lined as any vehicle larger than a standard size passenger pick-up or van (c.g. dump trucks or heavy equipment), vchlclcs that carry or arc mounted with equipment used in a profession or employment (e.g. taxis, mini-buses, liniousines, etc.). Vehicles violating this provision are subject to towing at the vehicle owner's expense in accordance with s~ate or lo~al statute, 6. Owner can regulate the time, manner and place o~parking cars, trucks, motorcycles, bicycles, Owner or Owner's managing agent can remove illegally parked vehicles and have them towed away in accordance with state or local statute. A vehicle is prohibited in the co~munity if it: has fiat tires or other conditions rendering it inoperable; has an expired license or inspection sticker: takes up more than one parking space; belongs to a resident who has moved out of his or her Premises or has been evicted; is parked in a marked handicap space without the required handicap insignia~ blocks another vehicle from exiting or entering; is parked in a fire lane or designated "no parking area"; or is parked in a space marked for or assigned lo other resident(s) or Bedroom(s). 7.Call the Of'floe to report a parking violation. The Office will notify the towing company, which will, in accordance with the law, tow the vehicle, if any of the following situations exist: · The unauthorized vehicle is parked in such a manner as to obstruct a fire lane. · The unauthorized vehicle is obstructing an entrance, exit, handicap space or aisle of the parking facility. g. AN UNAUTHORIZED VEHICLE IS DEFINED AS: · Any vehicle parked, stored, ur situated anywhere within the community, except in a space spccificall~, designed for parking. ~ ~.:~ · Any inoperable vehicle, whether or not parked in a designated parking space, (.~ * Any vehicle parked in a parking space assigned to a Resident. without the consent of the Residen~ Any d p · vehicle parked in such a manner as to occupy more than one marke ark;ne space. ~-. SERVICE REQUESTS . Owner offers 24 hour response to emergency ~ervice requests. Call 911 or any other applicable emergend~'~'nber in c~se of fire and any other security concerns. Emergencies are considered any situation which plac~h'l~_~or property in jeopardy and requtres smmedmte attentmn. For after-hours emergencies, call the Office (the a~ve'~ ~r~g serVlee will answer) and explain the SituatiOn. They will contact the proper seA'ice' pe/'sonnel. For normS:story;ce requests, please call during normal Office hou~s. · MAIL The Mail Box is to be used jointly by all Roommates assigned to your Unit. Packages which cannot fit into the package boxes can be received at the office. Owner will not be responsible for any damages, loss, or thee of packages· Packages which are not claimed within 30 days of delivery will not he held. UTILITIES l. You must keep all utilities to the Unit active; you cannot turn ihem off if you leave, even for vacation, Unless Owner instructs you otherwise, you must, for 24-hours a day during freezing weather, (a) keep the Unit heated to at least 50 degrees Fahrenheit, Co) keep cabinet and closet doors open; and (c) drip hot and cold water faucets· You sro liable for damage to your property and other's property if the damage is the result of the utilities being turned of for because of broken water pipes due to your violation of these requirements. 2. All utilities may be used only for normal household pur0oses and must not be wasted, and within 24 hours aider you move in, utilities payable by you must be placed in your name or the name of one or more of your Roommates for the term. Owner will request proof o f this at time of move-in. Owner will not be liable for any interruption, surge or failure of utility ser'.4ce to the Unit or any damage directly or indirectly caused by the interruption, surge or failure not caused by us. CASUALTY LOSS If in our reasonable judgment, the Premises and Unit, the building or Apartment community is materially damaged by fire or other casualty. Owner may terminate your Lease within a reasonable time alter such determination hy giving you written notice. If Owner tem~inate your Lease, and you did not cause the loss, Owner will refund' prorated, prepaid rent and all deposits(s), Icss lawful deductions, lfOwner determines that material damage has not Lease, Owner will, xvithin a reasonable time. rebuild thc damaged improvemcnls. During such reconstruction, there shall bca reasonablc reduction of tl~c P, cnt [bt thc unusable portion oF {he Prcm scs pn ess ¥9u or your tn. mst.iS the cause of, the fire or casuatW. Fitness Center Policies I. Persons using Fitness Center do so at their own risk. Owner and owner's agent assume no responsibility for accident or injury. 2. If you believe any equipment is malfunctioning, please notify the office immediately. 3. Persons under the age of 14 must have adult supervision. 4. Rubber sole shoes required. No hard sole shoes. 5. No animals allowed. 6. No food allowed. 7. Drinks are permitted if carried in plastic containers. No glass containers. Please properly dispose of all drinking containers, 15, No radios permitted without the use of headphones. 9, Guests must be accompanied by a resident. No more than 2 guests per resident. 10. Any person who is. in the sole judgment of.owner and owner's agent, under the influence of alcohol or other drugs, may be excluded from the fitness center. 11, Ox. mcr and owner's agent are not responsible for items which are lost, damaged or stolen. 12. No Smoking. 13. Owner and owner's agent reserve the right to restrict the use of this facility, 14, Do not use equipment it'you are taking any medication that causes drowsiness. t5. Use the equipment only in the manner intended by the manufacturer. Improper use of eqnipmcnt may cause serious injury or death. Game Room Policies I. Guests must bc accompanied by a resident. No more than two guests per resident. 2. No fighting, dangerous conduct, or noise which disturbs others. 3. No glass containers. 4. Do not leave personal items in this area. Owner and owner's agent are not responsible for any lost, s~i:rc~r damaged items. :: 5. Use the equipment only in thc manner intended by m~nu['acturer. Please handle tho cquipl~ent wRh 6. Do not remove or damage equipment and supplies. 7. No Smoking. 8. Owner and owner's agent reserve the right to restrict the use o f this facility, - ~{ot Tub Policies 1. HotTub Hours are: 8:00 a.m.-ll p.m, 2. Do n~t exceed the maximum number of users. No more than 8 people in Hot Tub st one time. Please show consideration to others waiting for EotTub use. 3. Proper swimwear must be worn ~t all times. Loose articles dropped into Hot Tub will bum out the motor. No cut offs or thong swimwear allowed. 4. For your convenience, a timer has been installed on the Hot Tub. If the pump runs continuously, it will bum 5. No glass containers. 6. No food. 7. People with communicable diseases capable of causing danger to others are not allowed in the Hot Tub. 8. Guests must be accompanied by a resident. Two guests per resident. 9. Persons under the age of 14 must have adult supervision. 10. If you are pregnarit, do not use the hot tub without medical consultation, Do not allow smell children to use l I. If you su~fer from heat disease, diabetes, high or low blood pressure or other health problems, do not enter nausea, dizziness and fainting. 12. Do not use the hot tub while under the influence of alcohol, narcotics or other drugs that cause sleepiness, drowsiness or raise/lower blood pressure. l 3. Do not allow use of the hot tub by unsupervised children. 14. Check the hot tub temperature before entering the hot tub. Do not use the hot tub if the temperature is above 104 degrees Fahrenheit (40 degrees Centigrade). Lower water temperatures are recommended for extended use (exceeding I0 - 15 minutes) and for young children. 15. Enter and exit slowly. 16. Keep all breakable objects out of, the hot tub area. 17. Do not place electrical appliances (telephone, radio, tv, etc.) within five feet of'the hot tub. 18. Do not operate the hot tub during severe weather conditions; e.g. electrical storms or tornadoes. 19. Do not use or operate the hot tub if the suction outlet cover is missing, broken or loose. Warnlng: Use of Hot Tub after consuming alcohol may be dangerous to your health. Any person with heart or similar conditions should not use the Hot Tub without consuhlng their physician. Hot Tub should not be used during pregnancy. Warnlng: ~HALLOW WATER. BIO DIVING. Diving may cause serious injury or dealh. WARNING-NO LIFEGUARD ON DUTY CItlLI)REN SHOULD NOT USE IIO'r TUII WITIIOUT ADI. ILT SUPERVISION Basketball Court Policies 1. The Basketball Court hours are: 8:00 a.m.-I 1:00 p.m. 2. Play at your own risk. 3. Owner and ow'net's agent ard not responsible for any injury or accident that may occur· 4. No more than 2 guests per resident. Guests must be accompanied by a resident. 5. No pets allowed. 6. Rubber sole shoes required, 7. No food or beverages on the court. 8. No fighting, dangerous conduct or noise which disturbs others. 9. No bikes, rollcrblades, or skates on the court. I0, Do not hang or climb on nets and posts. 11, Owner and owner's agent are not responsible for lost, stolen or damaged items. Computer Center Policies I. This facility is provided for residents only. 2. , Please show consideration to other residents waiting to use equipment. 3. Use the equipment only in the manner intended by the manufacturer, l~lease handle the equipment with Do not remove or damage equipment and supplies· 5. Do not save or install any items onto the hard drive, Do not tamper ~vith programs installed on the 6.Do not leave personal items in this Facility. Owner and owner's agent are not responsible for any lost. stolen or damaged items. 7.No Smoking, g. No food or drinks can be close to equipment. No glass containers. 9. Owner and owner's agent reserve the right to restrict the use ot' this faoility. Pool Policies 1. The Pool hours are: 8:00 a,m.-ll:g0 p.m. 2. NO LIFEGUARD ON DUTY 3. Persons under the age of 14 must have adult supervision. d. Persons using the pool do so at their own risk. Owner and owner's agent assume no responsibility for accident or injury. I 5. No animals allowed. 6, Anyone with a communicable dlseose capable of infecting others is prohibited from pool. 7. No loud music, 8, No glass containers. 9, Poolyard gates may not be propped open or otherwise rendered inoperable, even temporarily. 7-~ 10, No more than 2 guests per resident. Guests mint be accompanied by a resident. ~ I I, No mnning, horseplay, fighting, dangerous conduct or noise whioh disturbs others. ~ 12. Diving is not permitted at anytime. -:~' 13. Owner and owner's agent are not responsible for lost, damaged or stolen items. (-~ " 14. Proper swimwear is to be worn. No cut-offs or thong bathing suits are allowed. 2z! 15. No drunkenness or profanity, Any person who is, n the so d judgment'of owner and owner's ag~a~der -"o the influence of alcohol or other drags may be excluded from the pool area. 16. No.Jumping or diving into pool or spa from balconies/patios.' C~ ~ .-7 17. Oxwaer and owner's agent reserve the right to restrict the use of this facility, NO DIVING! WARNING-NO LIFEGUARD ON DUTY CHILDREN SHOULD NOT USE POOL W1THOUTH ADULT SUPERVISION Please remember: Call 911 in case of emergency. blISCELLANEOUS l. Neither you nor your guests can make or permit to be made any loud, disturbing, or objectionable noises. Musical instruments, radio, CD players, television sets, amplifiers and other instruments or devices cannot be used or played in suoh a manner as may constitute a nulsanee or disturbs other residents. Owner shall have the right, in the event of violations of these or any other roles, to assess a fee to be paid by you in an amount up to $ I00 per violation. 2. Neither you nor your guests can use the common areas, parking lots or grounds in such a manner that interferes with the enjoyment of other residents. 3, Any general no[se disturbances, '(i.e. no{sc from pool music, parties, machinery, otc.) should bc reported to thc Office (during business hours) or the ans~verlng service (after hours). ~e answering s~ice w~tl contact th~ ~pprop~te m~nng~m~nt p~rsonnel to hnnd[~ the ~[stur~noe, 4. Owner has th~ right to exclud~ guests or others who, in O~er's sol~ judgment h~w b~n in v~ol~t~on of th~ I~w~' violation or t~e Leas~ or ~ny ~les o~ pollci~ of the communi~, or ~[sturbing oth~r residents, neighbors, visitors or our rcprcsentativcs. O~cr can also e~cludc from any patio or common area, a person who rcruscs to or cannot identify himself or he.elf as your guest. 5. Neither you nor your guests will be allowed ~o engage in the roi[owing pro~ibRed activRies: loud or obnoMous conduct, disturbing or threatening thc rights, comfort, health, s~rcty or convenience of self or o~hcrs in or near thc community: possessing, selling or manufacturing illegal d~gs or illegal d~g p~raphemalia; engaging in ~r threatening vlolenc~; possessing a weapon (unless authorized by law); d~sch~rging a ~rea~ in thc community; displaying a gun, ~i[e or other w~apon in ~he commun~W in a lhreatening m~nner; soliciting business or contributions; ope~ting a business or child care semite within the P~mises: storing ~ny~{ng in close~ having gas appliance; tampering with utiHtleg~ bringing ha~rdous materials ~nto the commun~. 5. I f you ~ccd to replace access cards or keys. you will bc charged n r cc in thc miMn~um mnount or $25.O0: ir you :~rc in nccd or a replacement parking decal, yuu w{[I bc charged a [~c in thc minM~um amount or ~8.oo. VIOLATIONS As indicated ~bove, ~ violation of th~sc guidellncs shall constitute a violation of ~e Le~se and shall entitle O~er to pursue any rights or remedies pursuant to the Lease and applicable taw including seeking possession of the P~mises. Additionally, O~er shall have the rigM, in thc event of violations, ~o assess a f~c for each violation. In the event you are assessed a fee and you do not pay the fee within ~0 days of being noticed, ail monies paid by you rot rent or othe~ise shall be applied to non-rent items Rrst and then to rent due and owing. Iryou fall 1o pay all amoun~ duc, you win bc dclinquct~l in thc payment o[' ~n:; in which case, Owner shah bc m~:iUcd rights ~nd remedies under the Lease ~s if you failed to pay rent. MODIFICATIO~ OF GUIDELI~S You and your gues~ will be required to comply with all o~the requ~remen~ set fo~h in these Ouldclines. Owner has the right to change them from time to time as Owner deems necessa~. Any changes to these Guidelines will be e~ecfive and a pa~ of the Lease once they have bccn delivered to you or posted In a public are~ or thc Apartment Communi~ used for such pu~os~. You art ~sponsible for your guest's compliance with all Guidelines. O~r will use reasonable e~o~s m get all msldents and other persons ~o comply with the Guidelines, b~t Owner will be responsible to you if O~er fails to cause any person's compliance. The temps of this Addendum are effective as of ~hc date of the Lease and agreed to and accepted by: OWNER: RESIDENT: STERLING UNIVERSITY APARTMENTS Signature: Name Printed: Name Printed: Title: STI RLING UNIveRSITY May 24, 200I .: < ~ To ~om It May Concom: ~ ~o It has be~n brought to my attention that a concern ~xists reg~dh~g adequ~t~ paring spaces for our ap~ent co~iW in Ch~lottesville, Vkgi~a. I would like to take t~s opportunity to explain our parking ne~ds based upon our r~sident profile. The Dine~stein Compares w~r~ founded in 1955 and haw developed, built, and managed apm~ment communities across the nation. In 1997, the Dinerstein Companies r~searched the need for student housing and opened their ~rst student apa~ment con~nunities in 1998. To date, we manage 23 co~nuniti~s in 16 states. Because we lease by th~ b~droom rather than by the unit, we have specific occupancy criteria that our residents must follow. The R~ntal Cd~=~a dictates ~a~ only one p~rson may o~cupy ~ach b~droom. Th~ only thn~ w~ would allow someone to share a b~droom is ifa minor ol~ld shared th~ bedroom with a parent. TMs would m~am that the residents would haw to qu~li~ as a f~ly under our Rental Criteria.. ~ ot~ past expe~ence, we haw found that fmnili~s r~ely choos~ to l~ase with us for several're,sons. First, our r~nt~l r~t~s our based on a p~r b~d basis, w~ch m~kes rent~g an entke n~l more expensive for a family. Second, the floo~l~ are d~si~d to haw M1 ~e b~ooms equal ~ size rather th~ offering a master-sized bedroom. T~d, most of our units ar~ furnished and f~ilies usually hav~ ~ir o~ fu~e. ~ th~ rare Justice that a family would lease ~ith us, ~ minor cMld would not b~ abl~ to d~w. Please a=~ the aRached R~ntal Criteria for ~th~r d~tails. ~other reason w~ oMy need on~ parldng space per bedroom is du~ to ~ d~si~ of our ~oo~l~s. O~ floo~Ians ~re d~si~d to aoco~odat~ one person per bedroom. ~e Size of ~a~h b~droom is approx~at~ly t~n f~et by t~n ~f~et. ~ som~ floo~lans, ~ be~ooms ~e ~wn smaller. ~ most floo~l~, th~ R~ik~re is included. Each bedroom . is ~mished with one double bed, one desk, on~ chair, on~ ~ghtst~d, and on~ dresser. B~caus~ ofth~ size ofth~ b~oom, there is no room for ~y other R~imr~. In our past experience, we haw not had a problem with residents sharing bedrooms. ~ fact, ~'~sidents ow~vh~lngly pr~Mr to have their o~ bedroom. Please se~ the attached ~oo~lm~s for M~h~r details. In addition, ot~ management company has be~n successful in upholding the Ieee contract that ~ve~ resident must si~. Th~ lease sp~cifically states ~at residents ar~ not allow~d to l~t non-residents live in ~ u~t. Fu~he~ore, the leas~ l~its the number of tim=s a resident is allowed to have owmigh~ guests. If a resident aR~mpt~d to allow a non-resident, such as a friend or si~c~t other, to live with them, our management 6363 Woodway Drive Suite 1000 · Houston, Texas 77057 · Tel. (713) 570-0300 · Fax (713) 977-4-806 STERLING UNIVERSITY team would address the lease violation. Management would learn of ~e violation tl2'ough various means~ including m~tenance requests or roo~ate compl~nts. As the leas~ states, m~agement would charge the resident a fine and doc~ent the lease violation. If the nomresident was not removed, management could file e~ction charges ag~nst the resident. Our management comply s~ctly m~ntains ~e leas~ con2act in order to be fair to ali residents. We believe the lease provides us with the measures we need to ensure that onIy r~idents who si~ed the lease ~e living on the property. Please see the attached le~e documents for ~2h~r details. Finally, evew resident is issued a parking sticker and towing is strictly enforced. Management will contract a local towing company to ~nforce the local towing laws and community parking regutations. The community will post visitor par2ng spaces in the front and back of the community. We have found that th~s~ spa~s provid~ adequate parldng for visitors. PI~ase s~ the attached leas~ documents for ~h~r d~tai~s~ In conclusion, we hav~ found that one parldng space per b~droom provides adequate parking fro' our conmmnit~es. We strive to provide m~ excellent livfl~g enviro~ent for our resld~nts and providing adequate p~king is p~ of that ling experience. Pl~as~ not~ that our past ~xpefi~nce, our occnpancy criteria, our lease contract, ~d our park~g re~lations all demonstrate that one p~ldng spac~ p~r be~oom will provid~ adequate parldng for ot~ con~m~W. Th~ you for yo~ time ~d a~ention to t~s ma~er. Ple~ f~l ~ee to contact m~ wi~ m~y questions or concerns. Sincerely, Rebecca Mikolaj-ShMey Vice-President, Sterling Univ~rs~ Housing. ... 6363 Woodway Drive Suite 1000 · Hous[on, Texas 77057 . Tel, (713) 570-0300 . Fax (7131 977-~-806 'Wekome to our community{ Before you nomplete a Rental Application, please take the time to review these rental criteria. The term" Applicant(s)" under these criteria means the person that will he signing the Lease as "Resldan ." Please also note that these are our current rental criteria; nothing contained in these requirements shnll constitute a guarantee or representation by us that ali Residents currently residing in our community, inciuding the roommates that will occupy the Unit with any Resident, have met these requirements. OCCUPANCY 0 Our fundamental occupancy guidelines for non-family applicants is: One Bedroom 1 Resident Two Bedroom 2 Residents TwoBedroom/doubleoccupancy 4Residents Iqd ~_l~'l'~-°-'~-" ". . :'-I -h' ('.!.'..~,~' ~,/'~ ~ Co~ < .... 1-1-1 Three Bedroom 3 Residents i~ --o Four Bedroom 4 Residents CD For applicants qualifying as a family, please review the following page Gl these omens for add~honal cr~eupancy,...o standards. RE .Nir. A.L HISTORY Applicant must not have been evicted or asked to move out by a previous landlord or broken a rental contract or he currently delinquent to a previous landlord. Applicant can not have more than four hie payments or e,vo returned checks for rent in the most recent 12 month period. Anyone with a broken lease contract or an eviction will not be approved. Anyone with an outstanding balanne owed to a rental property must show proof of payment in full in order to he considered ns acceptable rental history. CRIMINAL HISTORY Applicant must not have been convicted of a felony or be subject to deferred adjudication for a felony. Please remember that this requirement does not constitute a guarantee or representation that Residents or occupants currently residing in our community, including the roommates that will occupy the Unit with any Rmident, have not been convicted of a felony or are not subject to deferred adjudication for a felony. There may be Residents or occupants that have applied to reside in our community prior to this requirement going into effect. We ,ar.e not responsible and assume no duty for obtaining criminal-history checks on any residents, occupants, guests, or contrictors in the apartment community. CREDIT HISTORY AND INCOME Non-parent Guarantors or Applicants wishing to qualify without n Guarantor must have acceptable credit history and ' provide verification of income equal to three (3) times .the total monthly or annual rent. Applicants who do not qualify on their own can obtain a Guarantor. The term "Guarantor" in these criteria means the person that will sign the Guaranty of Resident Obligations. The "Guarantor" shall be: (i) the parent or another person having legal custody of the Resident; (ii) the designee of such parent or other person having such custody, with written permission of such parent or (iii) another person related to Resident. Resident Signature Date Page 1 of 2 © 2001, Sterling University Housing FAM'TL¥ OCCUP~ ~ ~TE~ For the purposes of th~s occup~cy policy a "family" shall consist of the following persons: one or mom individuals (who have not attained the age of 18 years) berg domiciled with; (1) a parent or another person having legal custody of such ~dividual or individuals; or (2) the designee of such parent or other person hav~g such custody, with the written permission of such parent or other person. The term "family" shah atso apply to any person who is pregnant or is ~ the process of securing legal custody of any individual who has not attained the age of 18 years. S~bject to the forego~g guidelines for families, no more than a total of 3 adults may occupy any unit. A family may occupy a unit if the family do~ not exceed two persons per bedroom plus a child who is less than months old and who sleeps in the same bedroom wRh the child's parent, guardian, legal custodian, or person applying for that status. Residents who have a newborn less than six months old at the time of ren~aI application an~ Residents whose newborn has reached six months of age during the lease term may be required, at that time, to either: (1) move into another available unk which has more bedrooms; or (2) move out. Rent for a larger unit wilt be at the rental rate at the time the lease is entered into for the larger unk. Resident Signature Date Page 2 of 2 © 2001, Sterling University Housing i3EDROOifl 9. Utilities and Services. R~idont shall pay {or all utilities or ~ervic~s not included in the Rent, al itemized above including, but not limited to, additional cab[~ semice, long distanc* telephone service, water and aewer service and electricity servlco. All utilities and ~ervic~s shall he used for ordinary household purpd~.s only. R~sident ahall not allow any of thc utiliti*s to he cut off. Resident shall promptly advise Owner il R~sidcat receives notice from any ~ppEc~hle authority that any of th* utilities ar~ t~ be disconnected. Conduct o[' Resident. Rmldcnt shall comply with all written ml~s and r~gulatioa~ furnished to R~idcnt or po~ted [n th~ common arena of the property with r~p~c~ to Rc.sid~nt'~ conduct in, on. and ~ound th~ property ~nd the Unit (including tho Prem~s). R~id~nt ~gre~ that R~ident or R~ident'~ gu~ or th~ Roommat~ or their r~p~tlvo gu~st~ shall not: ii) b~ loud, obno~dou*, disorderly, boi~t~'ou~, or unla',vful; (ii) digtu~ or threaten th* rights, comfort, h~alth, *~ety,or convenience of an¥on~ in or n~r the apartment community; {iii) di~urh or disrupt the bu~i~e~s 0p~rnllon* of the agartment community; (iv) engagu in or threaten violence; (v) di~pla¥, dimhargu, or tm~o~ n gun, kni/~ or other weapon in * way ~nt may ~larm others; {vi) po~e~s, ~11 or manufacture ilfagal drug* o£ drug paraphernalia ia the Unit and Promis~s or nnywhere el~e at tho property; (vli) operat* a businm* in the Unit and Premis~ or ~t the property; or (vii) bring or store hazardous mat*dais ia the Unit and Prcmi~ or at th~ property. R~sid&nt shall maintain 11. ($ea Attached Stat~ Add~ndum for additiannl prol,isioa*). roommat~ ~idiag in th~ Prem[~ or the Hnit r~pectiwly may bo a~adul~d to mow out au~ r~id~at ~r roommate, " 13. Der~tult by Ovmm'. Owner agree.~ lo abLde by applicable state and local lam regarding repairs. Owner and R~ident agree ~at, ~xc=pt for those conditions mused by the negli~n~ el Owner, R~[dcnt has ~ duty to pay for th~ repafr ~ th~ foIlowlag conditions that may occur duting tlic term of this ~s~: la) damage ~om wastcwat~ goppag~ caused by foreign ar ~lpropor obj~ in lin~ tha~ exclusively se~ thc Unit; ~) damag~ to doors, windows, or s~ens; and lc) damage from windows and doors I~R open; and (d) any other damag~ pursuant to ~is ~ase. 14. Dehult by R~ident. I~ R~id~at falls to pay Rent or oth~r lawful ~arg~ when due or if Resident moves out of ~h~ Unit prior to ~* expi~Oon of ~ term of this L~ase or ii R~ideat giv~ hlse ~fo~aHon on any app~cafion for roat~ or if Res/d~n~ Roommat~ or thdr r~p~ive gusts hil lo comply M~ ~7 other t~m, coronet or ~adiSon of E~ ~s* or ~ rulm of ~o property, Owner may pu~u~ any rights or mm*d/~ provided by this ~as* or applicabl~ law. (See attached $tate Addendum~r ~itionalf~v~iot~). Ia addition to ddaul~ under ~is ~sc, Rmident shall b~ liable for any cou~ ms~ and rmsonable attorney's f*~ iacurr*d by Owner to *nfor~ ~is Lease plu~ inter~t on all unpaid amounts at thc maximum rat~ of l~gal intor~t ~m th~ ~u~ dat~ until paid. Own¢r may r~port uapai~ Rent or ether charg~ to the app~ble credit r~poffing R~ident's credit 15. ($ee attached State Add~ndtun £or additional proui*iotts). 19. Paring. R~idcnt shall di~lay thc parking idcntiScation sticker provided by Owner at all t~ on thc driwr% side o[ ~c rear windshidd o~ Rmidcnt's vehicle (or on a conspicuou~ place pa R~ideat's vehicle ff ~e vo~clo 20. ~signment and Subletting. R~ident shall not assign or sublet ail or any po~[on of ~is ~e or documanm. R~ident and Sublm~ shall be responsible ~r paying a nonr~uadable Subl~se or ~signm*nt Proc~si~g [~e of 1100 paid to Owner with Resident's requ~t Ear a~ignment or subletting. transfer must bo appmwd by tho Owner's on-sit* manager (Rcsld~t ~ not b~ ~ violation of ~ Lease and must applimble pap~ork, and pay a now ~urity deposit. ~ this ~ase has not yet ~xpked, a $1~ Traaff~r zaquk~. ~ner w~l ~apea the vamted Unit and Pr,mis~, ~ter Owner h~ ~sp~t~ it, ~e appropriate ~ident's original s~cufity ~eposlt will b* rdund~d in acmrdanm with applimbl~ law. Owner ~1 haw require R~ideat ~o transfer to another unit, upon 5 days noti~, if ~ner determine, in its sol* d~crefion, that conmlldation of resldeat apa~ia waaaated. provision or any oa~ ml~ relating to pe~ in ~e Unit. ' ' 2~, Addenda, R~id~nt acknowledg~ that ali tease addenda are constdor~ to be p~t of this ~c, lease add,ada. ~ese l~s~ add*~da ~clude: D Stat~ Addendum to R~identia[ ~ase Agreement 0 Internal Guido~nes ~or Use 0 Ap~lm~nt & Community Guidella~ 0 ~rly Move-~ 0 Sacudty 0 Summar Storag~ ~6. SPECIAL PROV!SiONS: Th~ terms of this I~ase ar~ agreed to and accepted by: OV/NEP,: RESIDENT: S~RL~G U~VERS~ APAR~E~S SiSnatur~: Name Printed: O1 BUILDIN~ TYPE 4-2 - FRONT EXTERIOR ELEVATION iOW/', Ci'i'~ IOWA --~ 02 E~LIILDIN~ TYPE 4-2 51DE EXTERIOR ELEVATION 1/¢" -' 02 t~UlLDINr~ TYPE 15 - FRONT EXTERIOR ELEVATION .................................. Ill iiiiiiiiiiiliiiiiiiiiiii~nlllllmmiiiiiiii -- -- -- iiiiiiiiiiiiiiiiiiiiiiii111111111111111111111 ii BUILDING TTPE D 51DE EXTERIOR ELEVATION I/8" , I'-0" ® ® ® I~IJlLDINd~ TYPE l,g, - I~EAR ELEVATION Sc Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00024) AN ORDINANCE CONDITIONALLY REZONING 17.64 ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY, ID-RS, AND. INTERIM DEVELOMENT MULTI-FAMILY, ID- RM, TO PLANNED DEVELOPMENT HOUSING OVERLAY-12, OPDH-12, TO ALLOW 168 DWELLING UNITS IN t8 BUILDINGS LOCATED ON THE EAST SIDE OF GILBERT STREET~ SOUTH OF NAPOLEON LANE, WHEREAS, the D.J. Hammond & Associates of Houston, Texas has requested the said rezoning to allow the construction of a 168-unit, 624-bedroom apartment complex in 18 buildings; and WHEREAS, the Comprehensive Plan has been amended to allow large apartment complexes in locations where adequate infrastructure is available to service the complex, and if nearby neighborhoods are buffered from the complex; and WHEREAS, the South District Plan Land Use Map has been amended to allow an apartment complex on approximately 18 acres located on the east side of Gilbert Street, South of Napoleon Lane; and WHEREAS, a portion of the property may contain habitat of the ornate box turtle, a threatened species protected by Iowa law, and the Iowa Department of Natural Resources has requested that the City not issue building permits for construction in area of the ornate box turtle habitat until the DNR has resolved this issue and provided clearance to the City to issue said permits; and WHEREAS, the property subject to this rezoning has been identified in the Comprehensive Plan as a location for a trail; and WHEREAS, the rezoning and apartment complex will directly impact surrounding infrastructure, and cause the need for improvement of Gilbert Street, construction and installation of a portion of an east/west arterial street off of Gilbert Street to serve the subject property and bus service from the subject property to the downtown area provided for by applicant and/or owner; 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 directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain such conditions relating to resolution of the issue of ornate box turtles, installation of a trail, improvement of Gilbert Street, construction and installation of a portion of an east/west arterial street off of Gilbert Street to serve the subject property and bus service from the subject property to the downtown area provided for by applicant and/or owner are reasonable; and WHEREAS, the applicant and owners of the subject property have agreed to use this property in accordance with the terms and conditions of a conditional zoning agreement to address the above referenced issues; and WHEREAS, the City Council finds it is in the public interest and consistent with the Comprehensive Plan as amended to rezone the subject property to allow for the construction of a 168-unit, 624-bedroom apartment complex in 18 buildings on approximately 17.64 acres located on the east side of Gilbert Street, South of Napoleon Lane, subject to a conditional zoning agreement as referred to above. 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 Interim Development Single Family, IDRS, and Interim Development Multifamily, IDRM, to Planned Development Housing Overlay-J2, OPDH-J2. Commencing at the Southeast Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°23'31"W, along the South Line of said Section 22, a distance of 1474.47 feet, to its intersection with the Centerline of South Gilbert Street; Thence N25°42'20"W, along said Centerline, 252.58 feet, to the Point of Beginning; Thence continuing N25°42'20"W, along said Centerline, 1189.81 feet; Thence N88°18'26"E, 523.33 feet; Thence S60°42'05"E, 858.51 feet; Thence S03°54'06"W, 102.85 feet; Thence S01°43'12"E, 198.63 feet; Thence S05°41'16"W, 174.62 feet; Thence Southwesterly, 547.91 feet, along a 1000.00 foot radius curve, concave Southeasterly, whose 541.09 foot chord bears S79°59'28"W; Thence S64°17'40'¥V, 226.98 feet, to the Point of Beginning. Said tract of land contains 19.23 Acres, more or less, and is 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 II1. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the conditional zoning agreement between the property owners and the City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the conditional zoning agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the conditional zoning agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2002. MAYOR ATTEST: CITY CLERK C~[y 'A~o~ey's O~ce City of Iowa City MEMORANDUM Date: March 19, 2002 To: City Council From: Robert Miklo, Senior Planner Re: Comprehensive Plan Amendment and REZ01~00024 At the March 18 informal Council meeting it was indicated that applicants for REZ01-00024, a request to rezone 17.64 acres on S. Gilbert Street to OPDH-12, question whether a Comprehensive Plan amendment is necessary to allow the rezoning, The issue was discussed during the Planning and Zoning Commission's review of the rezoning application and the Commission agreed with staff that an amendment is needed if the proposed rezoning is to be consistent with the Comprehensive Plan. The specific policies, maps and sections of the plan, which apply to this area, are discussed below. Page 20 and 21 of the Comprehensive Plan discuss the design of new neighborhoods on the edge of the city*. The plan states: A mix of housing types within a neighborhood provides residential opportunities for a wide variety of people, including singles, young families, elderly persons, large families, childless coupes, owners and renters. When diverse housing sizes are dispersed throughout all neighborhoods, large concentrations of apartments can be avoided. The predominant land use in most neighborhoods will be single-family homes. However, the mix of housing within a neighborhood may also include homes on smaller lots, townhouses, duplexes, smafl apartment buildings, and accessory apartments above garages. Small multi-family lots of approximately 12,000 to 16,00 square feet of Low Density Multi-Family zoning are appropriated at the intersections of collector and arterial streets. Lots of this size will assure that the resulting apartment buildings will be no more than four to six units per building, so that there are no more than 24 units at one intersection. Buildings of this size can be designed to be of similar height and appearance as single-family housing. *It should be noted that this policy applies to new neighborhoods, The Comprehensive Plan does provide areas for high density multi-family housing in and around downtown and near the University of Iowa Campus, for example in the Near Southside, To illustrate this text, Figure 3 on page 25 of the plan depicts these neighborhood design concepts. The plan illustrates apartments and townhouses at the intersections of two arterial streets and at intersections of ar[erial and collector streets. The apartment sites are illustrated as being relatively small so the apartment buildings are in scale with the larger neighborhood. During the drafting of the South District Plan, citizens emphasized the need to apply these policies in the area south of Highway 6. The South District Land Use Map shows small lot single-family or duplex development (equivalent to RS-8) for most of the applicant's property site. The plan shows two small apartment developments (equivalent to RM-12) at the intersection of Gilbert Street and the proposed arterial, as well as, at the north end of this property where a collector street was anticipated. This would result in perhaps 20 to 26 apartment units on this property. The South District Plan also has language on page 7 that discusses the importance of keeping apartment complexes small in size and scale. The plan shows the eastern portion of the property, which may contain habitat for ornate box turtle, a threatened species, as open space. Based on the policies and maps contained in both the Comprehensive Plan and the South District Plan, the proposal to rezone 17.64 acres to OPDH-12 does not comply with the adopted Comprehensive Plan. The fact that the requested zoning district is OPDH rather than RM-12 is not justification for disregarding the principle that zoning designations should comply with the Comprehensive Plan. An amendment to the South District Land Use Map to show approximately 18 acres of apartments in this location would be necessary. An amendment of the policy of discouraging large concentrations of apartments in new neighborhoods would also be necessary. STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: REZ01-00024 Date: February 1, 2002 GENERAL INFORMATION: Applicant: D.J. Hammond & Associates, Inc. 515 S. Capital of TX Hwy., Suite. 245 Austin, TX 78746 Contact Person: Thomas "Mack" Jones 515 S. Capital of TX Hwy., Ste. 245 Austin, TX 78746 Requested Action: Rezoning from Interim Development Multifamily (ID-RM) to Planned Development Housing Overlay (OPDH-12) Purpose: To construct student housing apartment and townhouse complex. Location: East side of Gilbert Street, south of Napoleon Lane Size: 17.64 acres Existing Land Use and Zoning: Interim Development Multifamily (ID-RM), agricultural Surrounding Land Use and Zoning: North: ID-RS, agricultural South: ID-RS, agricultural (proposed CC-2) East: ID-RS, agricultural (proposed RS-5) West: P, park Comprehensive Plan: Single-Family Residential File Date: January 22, 2002 45-Day Limitation Period: March 8, 2002 BACKGROUND INFORMATION: The applicant, D.J. Hammond & Associates and Sterling Housing, LLC, a subsidiary of Dinerstein Companies is requesting the rezoning from Interim Development Single-Family (ID-RS) and Interim Development Multi-Family (ID-RM) to Planned Development Housing Overlay-12 (OPDH-12) on a '17.64-acre parcel located on the east side of Gilbert Street, across from Napoleon Park. This property is identified as Lot 1 of Southgate Development's proposed Napoleon Heights subdivision (SUB01- 00024). The Napoleon Heights Subdivision was originally part of the McCollister Homestead, and is bounded by the Pepperwood Neighborhood to the north, Wetherby Park and the Southpointe subdivision to the east, the Iowa City Corporate Limits to the south, and Gilbert Street to the west. Directly to the north and northeast of this property is a 20-acre parcel, which contains a Native American burial mound. That area was retained by the owners of the McCollister Homestead. The 2 new east/west arterial or a collector street would define the property's southern edge. The applicant is proposing to develop a 168-unit apartment complex that would be marketed to University students. Because most of the units are proposed to contain 4 bedrooms the total number of bedrooms would be 624. There would also be 624 bathrooms. The units would be located in a mix of multi-family housing types - townhouses, 12-plex, and 8-plex apartment buildings. The proposal currently contains 681 parking spaces. ANALYSIS: Compliance with Comprehensive Plan Diverse Housinq Types: The Comprehensive Plan including the South District Plan call for diverse housing types to support the City's goals of well-balanced, diverse neighborhoods. The following plan guidelines are designed to meet these goals: · A mix of housing types within new neighborhoods is recommended. Single-family housing would be the predominant housing type interspersed with multi-family housing in the form of duplexes, townhouses and small apartment buildings. When diverse housing types sizes are dispersed throughout all neighborhoods, large concentrations of apartments can be avoided. · Multi-family uses should be located at the intersection of arterial streets and near public amenities such as parks, neighborhood commercial, public institutions and public transit. These lots should be small - 12,000 to 16,000 square feet in order to assure that the resulting apartment buildings will be no more than four to six units per building. This would result in no more than 24 units located at any one intersection. · Medium density housing should be similar in height and appearance to large, single-family housing. Design guidelines should be used to help ensure that such buildings are compatible in design with nearby lower density housing. Does this Development Meet the Comprehensive Plan Goals? For a number of reasons, the proposed multi-family apartment complex does not comply with the policies of the Comprehensive and South District Plans. The proposal contains 7 times more apartment units than the South District Plan recommends at this intersection. The land use map illustrates Iow-density, multi-family housing in the form of small apartment buildings and townhouses at the intersection of South Gilbert and the proposed east/west arterial. The plan shows duplex or small lot single-family residential at a density of about 8-units per acre as the future land use for the remainder of the property. Staff feels it can be concluded that some multi-family use would be appropriate on this property however, the quantity and density proposed is inappropriate. This development is a relatively dense concentration of apartments. The applicant is proposing 166 units on 17.64 acres, which is a density of 9.88 units per acre. This is less than the maximum density allowed in an OPDH-12 zone. However, 120 of these units will be four-bedroom, four-bath units. The remaining 48 will be three-bedroom, three-bath units. Although there has been a recent trend of apartment buildings with large numbers of bedrooms in the high-density zones near the downtown and campus, typical apartments built in Iowa City consist of two-bedroom units with one or two baths. Therefore based upon the number of bedrooms this proposal is comparable to a 314 unit complex with two bedrooms per unit. This is a density equivalent to approximately 17 units per acre, well above the 8 units per acre anticipated for most of the property by the South District Plan. If this development is analyzed in context of the entire Napoleon Heights Subdivision and the South District Plan, it would be reasonable to transfer density from open space areas shown in the South District plan within the Napoleon Heights subdivision including the area containing ornate box turtles, a threaten species. Further analysis is necessary to determine an appropriate density transfer. For the density transfer to happen this rezoning would have to occur in conjunction with 3 the rezoning of the Napoleon Heights property and be subject to a conditional zoning agreement. When the applicant first approached the City about building an apartment complex in this location staff advised them that their proposal did not comply with the Comprehensive Plan. We worked with them in an attempt to find a design or mix of housing types that would more closely adhere to the Comprehensive Plan. After reviewing several revisions to their draft plans, we concluded that it would not be possible to design a project, which meets their needs and at the same time comply with the Comprehensive Plan. We then advised them that if the rezoning were to proceed an amendment to the Comprehensive Plan would be necessary. The Commission's agenda includes setting a public hearing for February 21 on amendments to the Comprehensive Plan to change language in the plan pertaining to apartment complexes and amending the South District Plan land use map to show a higher density and apartments in this location. These amendments are discussed in more detail in an attached memorandum. Student Housing Staff has discussed the pros and cons regarding the construction of apartment complexes that are marketed to students. Although there may be some benefits to the community, through land-use law, the City can not legally target a specific population. The only populations that are exempt from this rule are elderly and disabled persons. Therefore, when considering this proposal, it can not be assumed that a student population will occupy this development. Although the applicant intends to market the proposed development to University of Iowa students, there is no legal mechanism to guarantee that students will occupy it. In addition, there is no means to guarantee the management practices proposed by the applicant will be in place over the long term. Therefore, the Planning and Zoning Commission should evaluate this development only on the basis of it being an apartment complex, and not on the merits of the management company, or as student housing. Neighborhood Compatibility This area of the city is currently largely undeveloped. The City is planning to build a new Public Works facility on the west side of Gilbert Street. One building has been completed and others will be built in the future. A landscape buffer will be provided between the public works buildings and Gilbert Street. Because Gilbert Street is an arterial, the zoning ordinance requires an additional 40- foot buffer between the street and any residential development that may occur on this property. As shown on the South District Plan a large open space is proposed to the north and east of the subject property. The exact location and size of the open space has yet to be determined. The ridge line that is located along the eastern portion of the subject property and onto the adjacent land provides a natural transition area that could serve as a buffer between development on this site and the area to the east. This was likely one of the reasons that the South District Plan identified this area for a mix of small apartments, small lot single family and duplex development.. Based on the policies of the Comprehensive Plan it is a suitable location for higher densities than the land to the east. However the density proposed by the applicant appears to be too high. This property will serve as the entry way to a new neighborhood which is likely to develop between Gilbert Street and Sycamore Street. Staff feels the proposed driveway/parking plan would not be compatible with future residential development. Staff has worked with the applicant to determine if it is possible to design the comp[ex site in a manner that minimizes the impact of the 681 parking spaces and create drives that appear more like private residential streets. In order to meet the applicant's parking needs, nearly all drives will be double-loaded with perpendicular parking. This requires extensive paving that will be more like a parking lot than a private street. Traffic Adjacent to this property Gilbert Street is a two lane chip-seal surface with no curb and gutter. It is designed to handle rural traffic needs. The proposed complex would add considerable urban traffic to this rural street. Prior to the construction of the proposed development, South Gilbert Street 4 would need to be improved to meet City standards. The applicant, the developer of Napoleon Heights (Southgate Development), and the City will need to reach an agreement to rebuild this portion of Gilbert Street. Currently, this project is not in the City's capital improvement budget. Unless the City Council agrees to contribute to this street improvement, the applicant and/or Southgate Development should improve the street. Public transit currently does not extend to the location of the proposed development. The closest transit stop is more than ~ of a mile north. The applicant has indicated that they would be willing to provide a shuttle service to downtown. If a development of this density is to be approved, staff recommends that as a condition of approval the applicant be required to provide regular shuttle service to the downtown and campus area until such time that public transit service is available within a ¼ mile of the property. The specific requirements for the shuttle service would need to be provided in a Conditional Zoning Agreement. Open Space The Neighborhood Open Space Ordinance requires the dedication of 1.14 acres of open space or fees in lieu of open space. The applicant is proposing to dedicate approximately 1.22 acres. The Parks and Recreation Commission will review this proposal at their February 13 meeting and will make a recommendation to the Planning and Zoning Commission. The proposed land dedication would provide for the trail shown in the South District Plan. The City may wish to require the construction of the trail as a condition of the rezoning. Storm Water Storm water detention will be provided off-site as part of the Napoleon Heights subdivision. Sensitive Areas Hydric soils are located in the southwest corner of the property. Special construction techniques may be necessary for foundations and roadways to be constructed in these areas. The State Archeologist report does not recommend any further investigation of this property. Summary In conclusion, there are two primary reasons that staff can not recommend this mzoning. First, the proposed development does not comply with the goals and guidelines of the Comprehensive Plan and the South District Plan. Although this property may be appropriate for some medium-density, multi-family development, an apartment complex of the size and concentration proposed is clearly discouraged. Secondly, the street infrastructure is currently inadequate to handle this development and the City does not have any plans to improve South Gilbert Street in the near future. Improvements to South Gilbert Street would most likely need to be the responsibility of the developer. If the Planning and Zoning Commission is inclined to approve this development, an amendment to the Comprehensive Plan would be required as discussed in the attached memorandum. If the application is to be approved staff recommends that it be subject to a conditional zoning agreement that provides for the reconstruction of Gilbert Street adjacent to this property, and provides for a regular shuttle bus service between this property and the downtown and University of Iowa campus until such time that public transit is available within ¼ of a mile. STAFF RECOMMENDATION: Staff recommends that REZ01-00024, an application for rezoning from Interim Development Single- Family (ID-RS) and Interim Development Multifamily (ID-RM) to Planned Development Housing Overlay (OPDH-12) on 17.64 acres located at on the east side of South Gilbert Street, south of Napoleon Lane be denied. 5 Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development T/PCD/Shelley/REZ01-00024Sgilber'/REZ01-00024staff~insl '~ -- RFBH RM 12 P/RM 12 ID-RM P/I I P ~,.E~pAR~ RS RFBH '" ID-RS p '~ CITY OF IOWA CITY IMIT$ SITE LOCATION: East side of Gilbert, north of Corporate Limits REZ01-O0024 CONCEPT SITE PLAN THE DINERSTEIN COMPANIES MICHAEL ~ UNDERSTGR¥ 1R~ 76 TOTAL GREEN SPACE PROVIDED I ,Fe ...*... eee...**,~ '~ --m - : I I Shelley McCaffert~, From: Matt Johnson Sent: Tuesday, February 19, 2002 10:02 AM To: Shelley McCafferty Cc: RJ Winkelhake; Andy Rocca Subject: Sterling Housing- South Gilbert St. I have been in communication with one of the Ames Police Dept. Community Resource Officers regarding a Sterling housing project (Sterling University Plains) in their city. He directed to me a summary of calls for service logged by their Communications Center. Between Aug. 3, 2001 and Jan. 29, 2002 a total of 104 calls for service were logged at that development. Of these, 29 were disturbing the peace/quiet complaints, 17 alcohol and drug complaints, and a variety of other types of calls. Clearly, this development draws a great deal upon police and fire resources in Ames. He shared that there was discussion of revocation of occupancy permitting due to a high number of false fire alarms being activated at this development. I am unaware of where those discussions ended up. It appears logical that a development with similar residency makeup and structure would place similar demands for City services, and in particular, Police and Fire services. Given this information, I have serious concerns regarding this development. Shelley McCaffert¥ From: Andy Rocca Sent: Friday, February 15, 2002 3:07 PM To: Shelley McCafferty Cc: Kar[n Franklin; RJ Winkelhake; Matt Johnsen SubJect: Sterling Housing-S. Gilbert St. Importance: High I have reviewed the proposed development. Recently, I had a conversation with a chief fire officer from Ames, Iowa, about their emergency response history to Sterling Housing. Ames is home to iowa State University and a community similar to iowa City. Based on my conversation and our local experience with similar occupancies, I believe this development has the potential to deplete our emergency response resources (Fire and Police) on a regular basis. Therefore, I would not support approval of the Sterling Housing-S. Gilbert St. development. Andrew J. Rocca Fire Chief seems to me there's a lot of ard for the premises' Cops aim to stop trouble at new college apartments BY KAri~twqt)ES assaults, Shehon said out there every Thursday, for some of the victims" 5taffWrirer "We want to get out there Frida5 and Saturday (Some of Echer said he hopes lhmg. and inform them of our city them are) enjoying their week- change. The police departmen Sterling University Plains ordinances and remind them of ends a little too much" is working with the managc- boastsofitstop-of-theqinecol* the irate laws,, he said of the Alisa Kostlan, manager of ment company to educate thc lege living. 10-building complex: [ts mare Sterling. said "Pizza and students. Ames Police have f6und that office is at 4912 Mortensen Police" was designed to get stu- "Two weeks ago, my shtf't oul Road. It opened Aug l. dents' questions answered. (I I p.m. to 7 a.m.) was out there "We've been out there 22 Shelton said officers haye "The most important thiag is four times in one night," hc times, 10 days in August? Tom been called io the complex four ~br them to know what needs to said. "(The complcx) lookshkc Shelton. the community times on welfare checks. One be done," she said. "We have to its been lived in for three to resource officer for the Ames time each for vandalism, d/s- do what we can to make sure years, and its only been open Police Department, said on turbing the peace, disorderly they know that we are not going month/' Wednesday. "It's marketed to conduct and burglary. Three to put up w/th (parties, destroy- Ames Mayor Ted Tedesco students.., Many ofthemare on times for suspicious people or ins the place, etc.)/' has been to Sterling on ride- their own for the first time." vehicles. Three times for park- "The biggest problem is it's alongs with the police. He v, Shelton and several other ins violations. And five times supervised by young people there the Friday before officers from the Ames Police for car and personal property who are under the I~gal age started. Department held informational theft, themselves to consume alco- "I guess [ was shocked at thc question-and-answer sessions Some officers say they've hol,"saidCpL RoryEcher. who conditionsthatexistcdwher~xc at the new west Ames apart- been out there seven or eight chased a student on foot for got there." he said this ~nornmg rflent complex this week. [t was times for burglaries and to four more than a mile one night after "Not only outside were there partofgterling'smonthlymeet- or five buildings for nuisance hc caught him breaking into beer cans, bottles, glas,;cq rags. management officials parties, several cars at Sterling "That's trash, but also in the hall~t said. Shelton said he hopes thc a problem" It seems to me there's a lol ot Police said the goal is to get number of calls to the area will The student, who did not live disregard for the prem~qc, students to know their local decrease because of the infor- at Sterling, was arrested and truly believe lbal the ,;upcr~t police officers while also dis- mational discussions, charged with burglary sion probably will ha~ c pensing pertinent information "There are only four week "! recovered seven to eight improve." : on alcohol, noise violations, ends per month," he said stcrcos (from him that night)." [~,k[n.msance partms and sext~al "(Right now) we're basically Echcr said "We're still Iook.ng STERLING ,dlea~c~cc~?~ Bt: Mildred Knutson, Eagle Sept. I ~ Way, reported Sep[ Grove~ Madeline To Mich: '~and Geoffrey that someone t~pp¢ er Peterson, Jewell; Tami Miller, ~omers, a son was two concrete ptcnic tables Suntken and daughter, , bom Sept. 13. causing $300 damage. Belmond;.Michele To Sheryl and Nathan Melissa McDevitt. 218 Thomas and son, Zearing; Sporaa, Madrid, a daugh- Stanton Ave., No 20, Sept. 13, 11:47 am.., I I 12 Donald Tinkham, ter was bom Sept. l 3. reported Sept. 13 that S. Du flare, inveshgated Maxwell. To Stephanie and Vance someone stole her purse smoke scare. Downs, Ames. a son was while at Mojazz, 2518 Sept. 13, 12:36 p.m., l015 BOONE COUNTY born Sept. 1 l. Lincoln Way. DuffAve., automatic HOSPITAL Joel Geske, Collegiate alarm., Admitted Thursday, Sept. t3 BOONE COUNTY Methodist Church, 130 S. Sept. 13, 4:35 p.m., 402 , -- Thorval Eide, Madhd. llOSPITAL Sheldon Ave, reported Linco!n Way, automatic Di!;missed Thursday, Sept· To Bonnie and Scott Sept. 13 that a basement alarm. ' 13 Valerie Gorman, Barnett, Boone, a daugh- window was broken cans- Sept. 14, 3:01 a.m., 1505 · .~,Ogden; Donald McGlynn, ter was born Sept. 13. lng $100 damage. Roosevelt Ave., ambu- ;~,;~5 Boone; :June Pearson, lance assist. ~...~..,...,,. ~ Sept. 14, 3:50 a.m., 4525 __ , Steinbeck ambulance assist. Glen. n Fox, Main Street Stephanie Kendall, 20, Sept. 14, 5:48 a.m., 1801 'S(htiot{, 546 Main St., 4524 Steinbeck St. No. 4, 20th St., automatic alarm, reported Sept. 13 that was cited Sept. 14 for Sept. 14, 7:16 am.. ! g0 ! MED~IcJ~ CENTER someone threw paint on underage possession of 20th St., automatic alarm T~ Trai:i iiiid.Jas°n the new canopy, causing alcohol. Clayt0ii~B6one, a daugh- $500 to $600 damage. Natasha Johnson, 19,821 MiD-IOWA[ · erlin :'It seems Legion commandei-, will speak, not be able to use the DOT's A prayer will be led by David video-co,d'erencingsystem. Sbemay be OUt Of control' Russell, the president of the added that the commission --.. Ames Ministerial AsSOCiation. be able to move back into its All are invited to come and original location sooner than are asked to bring candles to the expected. Co~rmuedflom pa,ge Bi plaza, located at Main and "We're allowing a year, but if Bumett Sm:ets: : they're done earlier we'll be Tedesco said the conditions Wednesday's &scussion · " back earlier," Baker said. may have been the timing he "If no one showed up, I'd sa3,' Commissi6h 0'meet n,e Transportation ,.vas out there, nothing is working," Ether Commission will hold its first "Maybe ~t u. as just the fact said. "But if students are show- atGateway Center meeting at the GatewayCenter that it was the first weekend ing up and asking quest:OhS at 8 a.m. Tuesday. However, the back," he said. "Maybe firings then we're working toward a Due to remodeling of comnmssion wilI meet informal- will get under control. In this positive (change}" Department of Transportation ly at 3 p.m. Monday at the instance, it seems to be out of headquarters, the Iowa Gateway Center. Transportation- control." 1lyon ~ee nc~ happen, p'easccon- Transportation Commission will related matters may be discussed Some of the discussions tutti{uti lividen, police and hold meetings at the Gateway at that time, but no action will be with students lasted more than fire reporter, at ~ ~_ 161. E , Center for ~he next year. taken, two hours. Shelton said. More 7,44. orbv e mad at Cormm Baker, commission A. ,ox~a , r,.n~po,,~,,~, tdtd' ~ >u people attended klwidcnCg, amesrr ~bcom secretary, said the only signifi- Commission meelings are open cant drawback to the new loca- to the public tion is that the commission will ,,, O'Beml: 'Ames is stillmay take legal action looking pretty good' Co~tmuedlrom[~~ BI 02/15/02 19:39 FAX 515 23_9 ~4J9 ,A~E$,POLICE 0007 Police Department Loras A. hcge~, Chief of $15 Chrk Avenue, P,O, Box Eli ~u,.~ ~r~. Ame~, IA 50010 .~,~.~,,,~.~,.,~, Police Desk: 515.239-5133 ~eFs O~cc 515-239.5130 December 3, 2001 Alisa Kostlan, Manager ~.~( (~")'~/->, ~.~~,.~/._~ Sterling University ?lains 912 Mortensen Road .. Ames, IA 50014 Dear Ms. Kostlan: On the afternoon of Monday, November 26, 2001 you met with representatives from both the Ames Fire and Police Departments to address false fire alarms and calls for pohce services. In meeting with police supervisors following the meeting, they listed several concerns: l. The number of calls to large and loud parties at your apm'tment complex. 2. Refusal of apartment occupants to answer the door when police attempt to make contact with them. 3. Inability to find on premise apartment management stuff to assist during late night hours. 4. Rental leases that neither limit 6r prohibit kegs or large parties in apartments. The Police Department is interested in addressing these concerns with you and your staff. Community Resource Officer Iota Shelton will be providing you with copies of our calls for police service at ym~r complex. He will also be providing you with copies of two city ordinances covering the consumption of alcoholic beverages by underage persons at parties and the nuisance par~y ordinance. If you would like to discuss this matter further, please do not hesitate to contact mc. Sincerely. Loras A. Jaeger Chief of Police cc: Tom Shelton Feb-15-0~ 12:07 Kirkham, Michael & Assoc. (515) 270-1067 P.02 Traffic Impact Analysis South Gilbert Street Apartments Iowa City, Iowa Prepared for: Sterling Housing LLC February 2002 Prepared by Kirkham Michael & Associates 11021 Aurora Avenue Urbandale, Iowa Feb-15-02 12:08 Kirkham, Michael & Assoc. (515) 270-1067 P.03 TRAFFIC IMPACT ANALYSIS SOUTH GILBERT STREET APARTMENTS IOWA CITY, IOWA February 2002 Prepared for: Sterling Housing, LLC Prepared by: Kirkham Michael & Associates 11021 Aurora Avenue Urbandale, Iowa 50322 Feb-15-02 12:08 Kirkham, Michael & Assoc. (515) 270-1067 P.04 Introduction Project Description The South Gilbert Street Apartments are proposed for approximately 17.6 acres located on the south edge of Iowa City, near the Iowa River. See Figure 1. This 17.6 acre site is proposed to be developed into a 168 unit apartment complex with 624 bedrooms. Marketed to University students, the units will be rented on a per bedroom basis. The proposed complex proposes to have 681 parking stalls. Study Obiective The purpose of this report is to analyze the impacts of the traffic generated by the proposed development on the adjacent roadway, South Gilbert Street. Included within the analysis are the exi. sting roadway conditions and level of service (LOS), anticipated tr~p generation, and planned level of service for the adjacent roadway. The primary question this study seeks to answer is whether the existing two-lane roadway can handle the additional traffic volumes generated by this development. Existing Traffic Operations The roadway adjacent to the site is South Gilbert Street. South Gilbert Street enters the city limits near the proposed site as the two-lane county highway W66. The roadway is a 24 foot- wide rural roadway with approximately two-foot wide shoulders, and ditches. The most recent available traffic counts from the Iowa DOT were revised in October 1999, and show South Gilbert Street/W66 as having 2,260 vehicles Annual Average Daily Traffic near the southern city limits. See Figure 2. Using a 1-1/2 percent growth factor per year (based on Johnson County 1990-2000 population growth), the currenl traffic estimate year 2002 will be increased to 2,363 vehicles per day. The proportion of AADT occurring on an hourly basis is referred to as the K factor, expressed as a decimal fraction. Typical values for K are presented in Institute of Transportation Engineers (ITE) Highway Capacity Manual 2000 in exhibit 9-2, for an urban area K= 0.09. Directional distribution (D) is another factor in highway capacity analysis. During any particular hour, traffic volume may be generated in one direction more than in the other, especially an urban route into the city. A typical value published by ITE for D is 0.60 in an urban area. Adjusting the 2,363 vehicles per day for directional distribution (D) and to an hourly rate (K), yields an existing volume of 128 directional vehicles per hour in one direction and 85 directional vehicles per hour in the opposing direction. The number of access points along the roadway is also an important factor on the efficiency and safety of a roadway. Increased amounts of activity at access points causes drivers to reduce their speed, affecting overall speed, safety, and efficiency of the roadway. Currently, there are few Feb-15-02 12:08 Kirkham, Michael & Assoc. (515) 270-1067 P.05 access points in the study area. Only the access to the Public Works facility cun'ently sees significant traffic. The entrance to the proposed development is approximately 600 feet north of the proposed east-west arterial alignment. This spacing equates to approximately 8 access points per mile. We will use this rate for the proposed condition along South Gilbert Street. While observations provide an understanding of the general nature of traffic in the area, they are insufficient to indicate either the ability of the street network to carry additional traffic, or the quality of service provided by the street facilities. For this reason, the concept of level of service (LQS) has been developed to correlate numerical traffic-volume data to subjective descriptions or' traffic performance along roadways. LOS is a measure of effectiveness for traffic service conditions, and is based on delay experienced by vehicles following other vehicles and on average travel speed. LOS ranges from "A"(the best) to "F"(the womt), with LOS "A" representing little or no delay, and LOS "F" representing extreme delay. LOS "C", or better, is considered desirable, LOS "D" being acceptable in some urban situations. The qualitative definition of each category can be found in the Appendix A. Calculations for the existing two-lane highway were performed using Highway Capacity Software 2000 for Directional Two-way Two-lane Highway Segment Analysis. The existing level of service for this segment is calculated to be LOS "B." See Appendix B. Feb-15-02 12:09 Kirkham, Michael & Assoc. (515) 270-1067 P.06 Traffic Volume Projections Proposed Access Locations The main entrance to the apartment complex will be directly onto South Gilbert Street. This location will be south of Napoleon Lane. A future, secondary entrance will be on to the proposed East - West Arterial (or other roadway) which will run along the south side of the site. The proposed arterial will connect to South Gilbert Street 600 feet south of the main entrance. For the purpose of this study we will assume the generated traffic is coming from a single access location at the main entrance. See Figure 3. Trip Generation As published in the ITE Transportation and Land Development, an anticipated trip generation rate of 6.11 trips per day per apartment unit may be expected. More detailed generation rates are given in ITE Trip Generation, including adjustment factors determined by the Federal Highway Administration. For the land use classification Apartments, the base trip generation rate for a 168 dw'e. lling unit complex is 6.96 trips per day. This rate is then adjusted by the following factors: Classification/Factor Trip Generation (trips/day) Apartment Land Use 6.96 Base Household > 3 Persons +2.8 Adjustment Vehicles Owned >2 +1.3 Adjustment Density (D.U. Per Ac) 0 - 15 -0.2 Adjustment Resultant Trip Generation 10.9 The resultant trip generation rate is 10.9 trips per day per dwelling unit, or 1831 trips per day. Trip Distribution and Assignment These trips then need to be assigned by mode and distribution direction in order to determine av6r. age number of vehicles added to the roadway traffic volumes. First, a percentage of trips will be accomplished by utilizing a transit system. This housing complex will serve a high percentage of University students, but the campus has only a limited amount of parking. The apartment development will provide a shuttle bus from the complex to the nearest campus bus (Cambus) stop, or directly to campus. Data, obtained from the bus system in Ames, Ia (Cy-Ride) where a bus route passes a Sterling Apartments site, shows 25.7 Feb-15-02 12:10 Kirkham, Michael & Assoc. (515) 270-1067 P.07 percent ridership in the morning. See Figure 4. (The 25.7% ridership percent is a very conservative estimale based on hard, factual numbers. Cy-Ride made the statement this could be higher if additional bus services was provided. Marketing indicates that up to 80% could be accomplished given Iowa City's Conditions). Secondly, as noted by the Ames bus system, a percentage of car pooling will occur among the vehicles that do attempt to find a place to park near campus, or that drop others off as they pass by to other destinations. It is difficult to quantify this second form of reduction in vehicle trips, so we will not attempt to adjust the vehicle traffic for this factor. However, note that this keeps the trips generated at a higher (more conservative) volume for analysis. Adjusting for the first factor, bus riding only, the anticipated trip generation amount is 1,360 vehicles per day. Since the location of the apartment complex is on the south edge of the City, and it is geared toward college students, we will assume that i00% of the generated traffic will flow to the north. This distribution will change as development continues in the area, with the East-West Arterial, but for the immediate build-out of the site the distribution will be one directional. Therefore, we will apply a directional distribution factor of 1.00. This study will not look at separate a.m. and p.m. peaks, as we will assume the highest demand, or worst-case, is directional. We have assumed the direction demand is to the north towards campus in the a.m., trod south or away from campus in the p.m. The way in which we have approached the on-site generated traffic with a 100% directional distribution is very conservative in nature. Any distribution other than the 100% directional distribution we have assumed will make the level of service improve. We will again apply an hourly K factor of 0.09. The resultant anticipated future directional volume is 250 vehicles per hour one way and 85 vehicles per hour in the opposite direction Feb-15-02 12:11 Kirkham, Michael & Assoc. (515) 270-1067 P.08 Analysis and Recommendation The analysis of the traffic impacts of the site on the adjacent roadway is based on the projections of 6'.affic data previously discussed, This analysis was performed for the immediate build-out of the South Gilbert Street Apartment site. Long-term analysis, with future build-out of the surrounding area, is not pa~t of this study. The projected traffic volumes and existing roadway geometries were entered into the Highway Capacity Software 2000 and a LOS B was calculated for this location. Further analysis showed this is getting closer to a B/C level of service, but is still classified as a LOS B. See Appendix B, Since the level of service remained at level B, no upgrade of the current two-lane facility is warranted at this time. Conclusions The following conclusions were developed based on the traffic analysis of the immediate full build-out condition of thc subject site: · This traffic analysis was accomplished using very conservative/realistic approaches in developing the trip generations for the subject property: · Adjustment factors were used based upon the proposed actual conditions; · An adjustment for bus ridership was made based on actual ridership in a similar development in Ames. This bus ridership is substantially lower than what we expect, but in thc essence of using actual measured data we have used a lower percentage. · No adjustment factor has been applied for car pooling · We have used a worst-case scenario for directional distribution. · The level of service for the roadway adjacent to thc apartment site will remain in the LOS B range after the development of the apartment complex. This is an acceptable level with LOS C or better being desirable. · As future, additional developments occur in the surrounding area, their impacts will also have to be studied. · A LOS D (which would warrant improvements) would not occur with existing roadway geometries until 490 directional vehicles per hour are added to existing traffic volumes, or the equivalent of 7,810 total vehicles per day. Feb-15-02 12:11 Kirkham, Michael & Assoc. (515) 270-1067 P.09 Feb-15-02 12:13 Kirkham, Michael & Assoc. (515) 270-1067 P.IO Feb-15-02 12:14 Kirkham, Michael & Assoc. (515) 270-1067 P.11 FIGURE 3 Feb-15-02 12:16 Kirkham, Michael & Assoc. (515) 270-1067 P.12 Gary: For the fa[f semester, CyRide averaged 139 passengers boarding per day at Sterling Flains. It is safe to assume that the return trips were about the same, although we often have more people returning to an apartment building than leave in the morning, This is because there is some ride sharing to campus, but the bus is used for the return trips. O. ur heaviest days are Monday and Wednesday and I would guess that the ridership is about 10% higher than average on those days. Tuesdays and Thursdays are lighter ddership days. If you need any additional information, please let me know. 139 PASSENGERS RIDERSHIP =, = 25.7% 540 BEDROOMS FIGURE 4 Feb-15-02 12:16 Kirkham, Michael & Assoc. (515) 270-1067 P.13 Appendix A Level of Service The primary measures of service quality for two-lane highways are percent time-spent-following and average traveJ speed. LOS A describes the highest quality of traffic service, when motorists are able to travel at their desired speed. Without strict enforcement, this highest quality would result in average speeds of 55 mi/h or more on two-lane highways. The passing frequency required to maintain these speeds has not reached a demanding level, so that passing demand is well below passing capacity, and platoons of three or more vehicles are rare. Drivers are delayed no more than 35 percent of their travel time by slow-moving vehicles. LOS B characterizes traffic flow with speeds of 50 mi/h or slightly higher on level-terrain highways. The demand for passing to maintain desired speeds becomes significant and approximates the passing capacity at the lower boundary of LOS B. Drivers are delayed in platoons up to 50 percent of the time. LOS C describes further increases in flow, resulting in noticeable increases in platoon formation, platoon size, and frequency of passing impediments. The average speed still exceeds 45 mi/h on lev61 terrain highways, even though unrestricted passing demand exceeds passing capacity. At higher volumes the chaining of platoons and significant reductions in passing capacity occur. Although traffic flow is stable, it is susceptible to congestion due to turning traffic and slow- moving vehicles. Percent time-spent-following may reach 65 percent. LOS D describes unstable traffic flow. The two opposing traffic streams begin to operate separately at higher volume levels, as passing becomes extremely difficult. Passing demand is high, but passing capacity approaches zero. Mean platoon sizes of 5 to 10 vehicles arc common, although speed of 40 mi/h still can be maintained under base conditions. Turning vehicles and roadside distractions cause major shock waves in the traffic stream. Motorists are delayed in platoons for nearly 80 percent of their travel time. LOS E, traffic flow conditions have a percent time-spent-following greater than 8(I percent. Average travel speeds on highways will be slower, even down to 25 mi/h. Passing is virtually impossible at LOS E, and platooning becomes intense, as slower vehicles or other interruptions are encountered. The highest volume attainable under LOS E defines the capacity of the highway, generally 3,200 pe/.h total in both directions. Operations seldom reach near capacity on rural highways, primarily because of a lack of demand. LOS F represents heavily congested flow with traffic demand exceeding capacity. Volumes are lower than capacity and speeds are highly variable. from ITE Highway Cat~acity Manual 2000 Feb-15-02 12:17 Kirkham. Michael & Assoc. (515) 270-1067 P.14 APPENDIX B Phone: Fax: E-Mail: Directional Two-Lane Highway Segment Analysis Analyst rhb Agency/Co. Kirkham Michael Date Pedorrned 2/11/~p Analysis Time Period I Highway S. ~ - From/To near south city limits Jurisdiction Iowa City Analysis Year 2002 Description S. Gilbert St. Apartments Input Data Highway class Class 1 Peak-hour factor, PHF 0.92 Shoulder width 2.0 ft % Trucks and buses 14 % Lanewidth 12.0 ft % Trucks crawling 0,0 % Segment length 0.2 mi Truck crawlspeed 0.0 mi/hr Terrain type Level % Recreational vehicles 4 % Grade: Length mi % No-passing zones 0 % Up/down % Access points/mi 8 /mi Analysis direction volume, Vd 128 veh/h Opposing direction volume, Vo 85 veh/h .Average Travel Speed Direction Analysis(d) Opposing (o) PCE for trucks, ET 1.7 1.7 PCE for RVs, ER 1.0 1.0 Heavy-vehicle adj. factor,(note-5) fHV 0.911 0.91 Grade adj. factor,(note-1) fG 1,00 1 Directional flow rate,(note-2) vi 153 pc/h 101 pc/h Free-Flow Speed from Field Measurement: Field m. easured speed,(note-3) S FM mi/h Observ~d volume,(note-3) Vf veh/h Estimated Free-Flow Speed: Base free-flow speed,(note-3) BFFS 60.0 mi/h Adj. for lane and shoulder width,(note-3) fLS 2,6 mi/h Adj, for access points,(note-3) fA 2.0 mi/h Free-flowspeed, FFSd 55.4 mi/h Adiustment for no-passing zones, fnp 0.5 mi/h Average travel speed, ATSd 52,9 mi/h .Percent Time-Spent-Following Direction Analysis(d) Opposing (o) PCE i~or trucks, ET 1.1 1.1 PCE for RVs, ER 1,0 1.0 Heavy-vehicle adjustment factor, fHV 0.986 0,988 Grade adjustment factor,(note-1) fG 1.00 1.00 Directional flow rate,(note-2) vi 141 pc/h 94 pc/h Base percent time-spent-following,(note-4) BPTSFd 29.8 % Adjustment for no-passing zones, [np 6.8 Percenttime-spent-following, PTSFd 36.7 % Feb-15-02 12:17 Kirkham, Michael & Assoc. (515) 270-1067 P.15 Level of Service and Other Performance Measures. Level of .~ervice. LOS ~1 Volume to capacity ratio, v/c'~.09 Peak 15-rain vehicle-miles of travel, VMT15 7 veh-mi Peak-hour vehicle-miles of travel, VMT60 26 veh-mi Peak 15-rain total travel time, TT15 0.1 veh-h Notes~ 1. If the highway is extended segment (level) or roiling terrain, fG = 1.0 2. If vi (vd o~' vo ) >= 1,700 pc/h, terminate analysis-the LOS is F. 3. For the analysis direction only. 4. Exhibit 20-21 provides factors a and b. 5. Use alternative Equation 20-14 if some trucks operate at crawl speeds on a specific dow, ngrade. Passing Lane Analysis_ Total length of analysis segment, Lt 0.2 mi Length of two-lane highway upstream of the passing lane, Lu 0.0 mi Length of passing lane including tapers, Lpl 0.0 mi Average travel speed, ATSd (from above) 52.9 mi/h Percent time-spent-following, PTSFd (from above) 36.7 Level of servJce,(note-1 ) LOSd (from above) B Average Travel Speed Downstream length of two-lane highway within effective length of passing Jane for average travel speed, Lde 1.70 mi Length of two-lane highway downstream of effective length of the passing lane for average travel speed, Ld -1.50 mi Adj. factor for the effect of passing lane on average speed, fpl 1.08 Average travel speed including passing lane,(note-2) ATSpl 56.9 .Percent Time-Spent-Following Downstream length of two-lane highway within effective length of passing lane for percent time-spent-following, Lde 13.00 mi Length of two-lane highway downstream of effective length of the passing lane for percent time-spent-following, Ld -12.80 mi Adj, factor for the effect of passing lane on percent time-spent-following, fpl 0.58 Percent time-spent-following including passing lane,(nota-3) PTSFpl 21.4 % Level of Service and Other Performance Measures (note-4) Level of service including passing lane, LOSpl A Peak 15-rain total travel time, TT15 0.1 veh-h Notes: 1. If LOSd = F, passing lane analysis cannot be performed. 2. If Ld < 0, use alternative Equation 20-22, 3. if Ld < 0, use alternative Equation 20-20. 4. v/c, VMT15, and VMT60 are calculated on Directional Two-Lane Highway Seg .ment Worksheet. Feb-15-02 12:17 Kirkham, Michael & Assoc. (515) 270-1067 P.16 APPENDIX C Phone: Fax: E.Mail: Directional Two-Lane Highway Segment Analysis Analyst rhb Agency/Co. Kirkham Michael Date Performed Analysis Time Period ;ED CONI Highway S. From/To near south city limits Jurisdiction Iowa City Analysis Year 2002 Description S. Gilbert St. Apartments Input Data Highway class Class 1 Peak-hour factor, PHF 0.92 Should~rwidth 2.0 ft % Trucks and buses 14 % Lane width 12.0 ft % Trucks crawling 0.0 % Segment length 0.2 mi Truck crawl speed 0.0 mi/hr Terrain type Level % Recreational vehicles 4 % Grade: Length mi % Ne-passing zones 0 % Up/down % Access points/mb 8 /mi Analysis direction volume, Vd 250 veh/h Opposing direction volume, Vo 85 veh/h Average Travel Speed Direction Analysis(d) Opposing (o) PCE for trucks, ET 1.7 1 PCE for RVs, ER 1.0 1.0 Heavy-vehicle adj. factor,(note-5) fHV 0.911 0,911 Grade adj. factor,(note-1 ) fG 1.00 1.00 Directional flow rate,(note-2) vi 298 pc/h 101 pc/h Free-Flow Speed from Field Measurement: Field measured speed,(note-3) S FM mi/h Observed volume,(note-3) Vf veh/h Estimated Free-Flow Speed: Base free-flow speed,(note-3) BFFS 60,0 mi/h Adj. lo, lane and shoulder width,(note-3) fLS 2.6 miJh Adj. for ~ccess points,(note-3) fA 2.0 mi/h Free-flow speed, FFSd 55.4 mi/h Adjustment for no-passing zones, fnp 0.5 mi/h Average travelspeed, ATSd 51.8 mi/h Pement Tim e-S pent- Following. Direction Analysis(d) Opposing (o) PCE for trucks, ET 1.1 1.1 PCE for RVs, ER 1.0 1.0 Heavy-vehicle adjustment factor, fHV 0.986 0.986 Grade adjustment ;'actor,(note-1 ) fG 1 Directional flow rate,(note-2) vi 276 pc/h 94 pc/h Base percent time-spent-following,(note-4) BPTSFd 42.6 % Adjustment for no-passing zones, fnp 6.8 Percenttime-spent-following, PTSFd 49.4 % Feb-15-02 12:18 Kirkham, Michael & Assoc. (515) 270-1067 P. 17 .Level of Service and Other Performance Measures I ~v~ nf ~rvice. LOS ~ Volume to capacity ratio, v£c '~'0.1. 8 Peak 15-min vehicle-miles of travel, VMT15 14 veh-rni Peak-hour vehicle-miles of travel, VMT60 50 veh-mi Peak 15-lin total travel time, TT15 0.3 veh-h Notes: 1. If the highway is extended segment (level) or rolling terrain, fG = 1.0 2. If vi (vd or vo ) >= 1,700 pc/h, terminate analy.s, is-t. he LOS is F. 3. For the analysis direction only. 4. Exhibit 20-21 prov. ides factors a and b. 5. Use alternative Equation 20-14 if some trucks operate at crawl speeds on a specific downgrade. Passing Lane Analysis Total length of analysis segment, Lt 0.2 mi Length of two-lane highway upstream of the passing lane, Lu 0.0 mi ~ ':: Length of passing lane including tapers, LpI 0.0 mi Average travel speed, ATSd (from above) 51.8 mi/h Pement time-spent-following, PTSFd (from above) 49.4 Level of service,(note-1) LOSd (from above) B Average Travel Speed Downstream length of two-lane highway within effective length of passing lane for average travel speed, Lde 1.70 mi Length of two-lane highway downstream of effective length of the passing lane for average travel speed, Ld -1,50 mi Adj. factor for the effect of passing lane on average speed, fpl 1.08 Average travel speed including passing lane,(note-2) ATSpl 55.7 Percent Time-Spent-Following. Downstream length of two-lane highway within effective length of passing lane for percent time-spent-following, Lde 11.14 mi Length of two-lane highway downstream of effective length of the passing lane for percent time-spent-following, Ld -10.94 mi Adj. factor for the effect of passing lane on percent time-spent-following, fpl 0.58 Percent time-spent-following including passing lane,(note-3) PTSFpI 28.9 % Level of Service and Other Performance Measures (note-4) Level of service including passing lane, LOSpl A Peak 15-min totaJ travel time, TT15 0.3 veh-h Notes: 1. if LOSd = F, passing lane analysis cannot be performed. 2. If Ld < 0, use alternative Equation 20-22. 3. If Ld < 0, use alternative Equation 20-20. 4. v/c, VMT15, and VMT60 are calculated on Directional Two-Lane Highway Segment Worksheet. THE DINERSTEIN COMPANIES 6363 WOODWAY - SUITE 1000 HOUSTON, TEXAS 77057-1757 713-977-4844 713-570-0329 (FAX) www.dmcm~mt.com January 30, 2002 Re: Rezoning Application Interim Development (ID-RM) to Overlay Planned Development Housing (OPDH- 12) South Gilbert Street Apartments Iowa City, Iowa Planning and Zoning Commission Members City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Commission Members: On behalf of the Dinerstein Company, I'd like to begin by thanking the City staff for the assistance they have provided on this project. We believe the commitment the City staff has to providing the people of Iowa City the best possible project is reflected by their efforts. The Dinerstein Company also wants the best possible project and desires to become a good neighbor as well as fill a need in the growing Iowa City area. You have before you a rezoning application. We have also requested that your South District Comprehensive Plan be amended to correspond with the proposed rezoning. Both of these items are needed for this project to move forward. The following is a multitude of information regarding the site, including overall land use, traffic issues, management, security, issues relating to the current South District Plan, and basically an introduction to the Dinerstein Company. We hope this information is both helpful and informational. We truly hope you keep in mind the following over-riding goal of our proposed development: The Dinerstein Company simply wishes to fill a need in providing luxury student rental housing while being environmentally conscious and neighborhood friendly. We wish to do this with the blessing of the neighbors, staff, planning and zoning commission as well as the City Council. If there is absolutely anything else you desire to review the merits of our application, please do not hesitate to contact us. Sincerely, THE DINERSTEIN COMPANY Gary Fairchild I. THE DINERSTEIN COMPANIES The Dinerstein Companies, organized in 1955, consists of DMC-Management Co., Ltd., DMC Building Company, Inc., Sterling Student Housing Management, Ltd., and Sterling Student Housing LLC. Among the nations leading developers, this Houston-based organization now represents an extensive network of income producing properties. The Dinerstein Companies, under the direction of its corporate principals, control and participate in every phase of operations and development while employing in excess of 350 employees. The Dinerstein Companies have successfully: · Acquired approximately 13,000 units valued in excess of $300 million; · Developed in excess of 27,000 units at costs exceeding $1 billion; · Manages 12,370 student beds in 22 cities in 15 states. Please refer to additional information on our company and various projects within the separate packet of brochures. The Dinerstein Companies combine their well researched development with careful implementation and management to create outstanding communities that are built to endure. II. THE NEED FOR THIS PROJECT - IOWA CITY, IOWA The Dinerstein Companies prides itself on doing its homework. Prior to any development work occurring, teams of market analysts assess the need for our product in the target community. We have previously assessed, targeted, and implemented projects in both Ames, Iowa and Cedar Falls, Iowa. Both projects have been complete success stories. The Ames site is currently occupied and opened to rave reviews (See the enclosed newspaper article - Exhibit "E"). The Cedar Falls site is under construction and well ahead of schedule for Fall 2002 occupation. We love to show off our finished product and would highly suggest a visit to either project sites. As an example of some of our extensive research, we have enclosed some information as Exhibit "A". Within this data, the Year 2000 Census shows that over 53 percent of the occupied housing units in Iowa City were rental units. Very usual for a college town such as Iowa City. Also, 34 percent of the housing units started in the metropolitan Iowa City area of Johnson County during the past ten years were multiple-family buildings of five (5) units or mom and averaged 12.5 units per building. Study has also determined that a substantial percentage of students are forced to reside outside of the city limits due to the lack of available housing. The University of Iowa Housing department reports that the 6,200 beds owned bY on campus housing are also 100 percent occupied. The University projects a one percent enrollment increase through the year 2003 and the entire market within a two-mile radius of the University is holding strong at close to 100 percent occupied. Housing construction from 1991 through the year 2000 in the Iowa City area and the existing occupancy of housing in Iowa City demonstrates a significant demand for rental housing in the City. III. THE PROPOSED SITE - SOUTH GILBERT STREET We are currently targeting a 17.6 acre parcel in southern Iowa City (see Exhibit "F" for location). This parcel was once a part of the McCollister Farm parcel. Following is a list of some of the technical facts associated with the site. Current Zoning: ID-RM Proposed Zoning: OPDH- 12 Proposed Units/Buildings: 168 units in 17 buildings with a clubhouse Proposed Amenities: Clubhouse, basketball court, volleyball court, swimming pool, computer lab, workout facility. Management: On-site (See Exhibit "D") Security: On-site. The project provides separate housing for a local courtesy officer which patrols the property at least once each evening, on foot and also in their official vehicles. After hours the answering service forwards all calls to the courtesy officers concerning noise, lock outs, parties and other matters that disturb or threaten the rights comfort, health, safety or convenience of anyone in or near the community. Any lease rules broken are subject for eviction. Setbacks: 40 foot front yard, 40 foot rear yard, 15 foot side yard, 40 foot setback from proposed east/west arterial Parking: Required parking is 456 spaces. The development proposes one parking space per bedroom, or 624 spaces. Handicapped parking will be provided per state or federal regulations. Parking will be in rear of buildings. We will accommodate one bicycle parking space per unit. Building Height: The buildings do not exceed the 45 foot building height limit. Open Space: Open space will be provided through out the project with emphasis on landscape buffers on the property fronting Gilbert Street. Site open/green space areas are broken into three (3) categories; landscape buffer along Gilbert Street, landscaping around the clubhouse/pool area, and plantings around buildings or adjacent areas. There is a 35 percent open space requirement, our project provides 55 percent open space. Identification Sign: A monument sign constructed of brick and stucco to match the project's architectural blend will be located in the entry/exit area. The sign will be situated within the median. Water: A 12-inch water main will provide potable water for this project. The main parallels Gilbert Street on the east side along the frontage of this site. Refer to Exhibit "G" for the letter or water main availability. Sanitary Sewer: A gravity interceptor sewer runs through the heart of the proposed site and will easily meet the demands of our project. Refer to Exhibit "G" for the letter of sanitary sewer availability. Storm Sewer: The 100 year rainfall volume will be conveyed to a regional detention pond on the south side of our property. This site offers an extremely good opportunity to use the philosophy of land use planning. The site is essentially farmland. There is no appreciable development anywhere near this site. The City recently built some office space on the west side of Gilbert Street. A fairly new sanitary sewer lift station is positioned adjacent to the City offices. It is our understanding that the future home of all of the City's public works department operations could be housed in this vicinity. Storage facilities (Quonset Huts) are also visible on the west side of Gilbert Street. A quarry operation exists just to the south of our proposed site in rural Johnson County. The decisions made now, will affect how this part of town develops in the future. The facts are, we have an industrial type setting to the west of Gilbert Street with the potential of future heavy equipment storage, sand/salt stockpiles, and maintenance operations occurring. The presence of the quarry operation to the south also is not the most desirable land use. The placement of owner occupied housing on our proposed site, across the street from these uses, is not feasible for marketing and sale of owner occupied homes, versus rental housing. The true question before the Commission is not whether to approve this rezoning to allow this apartment development to proceed forward or leave the site as a rural agricultural setting. This area will not stay undeveloped forever. The utility availability, presence of an arterial roadway, the proposal of an east/west arterial, etc., all point towards development in the South District. The true question is what type of development is appropriate for the site. We completely believe our multi-family development allows a transitional land use from the industrial type land use west of Gilbert Street to the planned single-family development to the east of our site. Multi-family is the best use for this property. IV. THE ISSUES With re-zoning of property there are always going to be some issues. We am all about getting these issues out on the table, freely discussing them, and hopefully resolving them in a mutually beneficial way. To date, we have had two neighborhood meetings which we have attempted to outline our plans, our project, and our visions. We have had many healthy discussions and we truly believe the project is the better for it. Following are the issues we believe to be on the table and our attempt at explaining/resolving of the issues: Traffic Traffic is always a major concern with multi-family or commercial projects, and rightfully so. With this project and the proposed site location, we will not only show you it is not a concern, but the location is optimal to reduce traffic effects within the South District. The placement of the apartments on the arterial street of Gilbert Street will help keep traffic generated by the apartments and transit buses on the arterial street system and off local streets. Based on Institute of Transportation Engineers data (see Exhibit "C"), traffic generated from the proposed 168 apartment units on the 17.6 acre site is estimated to be 1026 trips at 6.11 trips per day per unit as compared to 1060 trips per day for 106 single-family detached homes at six (6) homes per acm on 17.6 acres at 10.03 trips per day, Also the greater tendency for students to use available transit services (see Exhibit "B") should further reduce traffic generations from the South Gilbert Street Apartments. Negative Connotation with Rental tlousing Rental housing has a serious image problem in Iowa City. Do not fret, you are not alone. Many of the smaller college towns that we target carry the same concerns as you have. There always seems to be a "Lakeside" project in the other communities that possess the same concerns. A project from the past that may have been poorly conceived, managed, built, or other. Although we can not change the past, we can certainly instill confidence in you that WE ARE NOT THOSE TYPES OF DEVELOPMENTS. The statistics we illustrated earlier about number of units, number of states, dollars of construction etc., outline the commitment we have in our product. This is our livelihood. This is what we do. We would not invest those kinds of dollars in anything short of a sound product. We stand by our developments and highly suggest you check us out in your neighboring towns of Ames and Cedar Fall to gain an understanding of the quality we bring to the table. The lack of corresponding with the South District Comprehensive Plan We appreciate Iowa City's efforts to thoughtfully plan the South District Neighborhood with substantial neighborhood input. The comprehensive plan is intended to be a guide for future land use planning. Our proposal requests the amendment of the South District Plan to allow our development to move forward. Although the South District Plan provides for a diversity of housing types, the plan fails to provide sufficient rental housing opportunities. Of the 4.7 square miles (3,008 acres) within the South District only 279 acres (or 9 percent) are proposed as apartments. Be reminded, that 53 percent of your occupied housing units in Iowa City were rental units. Furthermore, the South District Plan promotes smaller more scattered multi-family developments throughout the South District, It seems to discourage medium sized apartment developments similar to the one we propose. A medium-sized multi-family development could benefit the City in a number of ways. We feel the location of our site and the size of our community could assist Iowa City in the following ways: · Smaller developments would likely not have on-site management or on-site security. The economics of having management and/or security on-site for the size of developments the South District Plan encourages would be difficult at best. · The proposed Gilbert Street Apartments would possess both on-site management and security. · No on-site security for a number of smaller developments scattered throughout the South District would likely call on the Iowa City police departments resources. Issues that could be taken care of with on-site management or security would rely upon the City's police. · The likelihood of traffic generated by multi-family developments that are encouraged by the South District Plan is higher for local street usage. Smaller developments scattered through the South District would likely utilize local streets to travel northerly to shop, etc. · The South Gilbert Street Apartments are situated on the fringe of the South District. The apartments are also situated along a major north-south arterial. Traffic generated by this development would likely use Gilbert Street to travel northerly, not local streets. · The efficiency of the City's public transit system is much higher when a bus can stop at one medium-sized development instead of a number of smaller developments scattered around. In summary the proposed project is well suited for the site because of the following reasons: A. The apartments will help meet the demand for rental housing in the Iowa City area which the existing plans for the 4.7 square mile area of the South District Plan fails to adequately address; B. The apartments will help provide a solution to the City's need to assist with the influx of new students forecasted for the University of Iowa; C. The subject site fronting Gilbert Street across from the existing industrial uses is not desirable for the marketing and sale of owner occupied housing; D. The placement of the apartments on South Gilbert Street provides direct access to the site for automobiles and transit buses from an arterial street and not through local residential streets; E. The estimated traffic generation of 1026 vehicle trips per day from the proposed 168 apartments is comparable to an estimated 1060 trips per day generated by detached single-family homes on the site at six (6) dwellings per acre. F. The planned large open space and existing hillside adjacent and east of the site will provide a substantial buffer between the apartments and the planned single-family residential areas to the east, and; G. The planning and zoning of areas for higher density residential uses reduces the rate at which farm land is utilized for urban uses and helps preserve farm land for agricultural use for a greater period of time. H. The South Gilbert Street apartments would likely rely less on the Iowa City police fome resources compared to a number of smaller developments scattered about, I. Public transit is much more efficient with the South Gilbert Street Apartment site. J. The proposed project will be an attractive enhancement to the Gilbert Street entranceway to the City of Iowa City. In an ideal world we may desire that everyone owns their own home; however, in reality, rental housing is a necessity, and especially in a University community such as Iowa City. Our plan helps meet that need in a way that will fulfill the Community's goal of building a neighborhood with a variety of housing stock. INDEX Exhibit "A" Census Bureau Data for Renter Occupied Housing Exhibit "B" Supporting Data for Bus Ridership Exhibit "C" Institute of Transportation Engineers Traffic Data Exhibit "D" Management Information Exhibit "E" Des Moines Register Newspaper Article Exhibit "F" Location Map Exhibit "G" Letters of Availability H :\IowaCity\Dinerstein\Correspond\rczoningapplicafion wpd EXHIBIT "A" Memo To: Jack Dinerstain, Tom Caltagirone, Gary Fairchild From: Kelty Piechota, NaEenal RealtyAdvisor~ CC.' Ted Dinerstein, Gary Blumberg, Russell Grene.~, Rebecca Shirley Date'. 1t28/02 Re: University of Iowa, iowa City Project Concerning the demand for a'~udent housing at the University of iowa: We have concluded that from the five local Management Companies that have been inc/uded in our Market Surveys for our Executive Analysis, two of the companies own and manage properties in the adjacent City of Coralville. Both Hedtage Management and Pa~k Place Management reported t~ us that combined they owned 3~4 units in CoraNitte. Of that amount approximateJy 30% of the residents at Heritage are univerSity students and approximately 10% at Park Place are of student classification. These two companies atone tota~ appreximate]y 642 students residing outside of Iowa City. Due to the extremely high occupancy rates in and around the University, it is aDparent that a percentage of students are forced to reside outside of the city limits due to lack of available housing. Tl~e University iowa Housing department reports that the 6,200 be~s owned by on campus housing are also 100% occupied_ It appears with the above mentioned information coupled with our extensive research of the student market in Iowa City that this is a market in need of additional ~adent development. The University projects a 1% enrollment increase through the year 2003 and the entire market within a two-tulle radius of the University is holding strong at dose to 100% o~upied. Therefore, we believe that even with the addition of the Dinerstein development, the occupancy throughout the entire city w~ll remain exta~mely high and most importantly allow those stuclents forced to live on the perimeters of the city to enjoy the benefits (whether~hey re~Oe ~ ou~ cor[~mu[lity od otl)er s{uder~ts c~nmun~s) Of living closer to the campus and univerSity activities. EXHIBIT "A" Hi_chef Education Enroliment Facts · Betweef~ 1987 and 2000 University and College total enrollment increased an approximate 15% from 12.8 million to 15.1million Full-time enrollmen¢ increased from 7.1 million in 1985 to an estimated 10.9 million in 2000. This is an average annual growth rate of 1.4 percent, for an increase of 20 percent over the period. Overall enrollment in institutions of higher education is expected to rise steadily and significantly through the year 2010. Between 1999 and 2009, full time enrollment is projected to increase by 14% and part time enrollment is projected to increase by 4%. · Undergraduate enrollment Is expected to rise from 12.8 million to 14.3 million between 1999 and 2009, an increase of 11%. · California educators describe the current and anticipated surge- an additional 700,000 students by 2010- as a "tidal wave". The state university system in Florida expects up to 100,000 additional students by 2010. By 2005, Texas estimates that 110,000 additional students will seek to gain a higher education between 1999 and 2010. Co//ege Enrollment & the Economy Demand for student housing duflng economic dewntums appears to be counter cyclical. Enrollment in U.S. colleges and universities has increased from the pervious year during each recession over the last 30 years. Data suggests that the college enrollment rate of recent high $chool graduates actually rises during periods of economic downturn and then reverts to the longer-term trend during a subsequent expansion. U.S. College Enrollment December 1969- November 1970 8,581 (1970) 8,005 (1969) +576 Novem_ber 1973- March 1975 10,224 ,(1974) 9.602 (1973). +622 July 1981 - November 1982 12,372 (1981) 12,097 (1980) +275 12,426 (1982~ ,12372 (1981) + 54 July 1990 - March 199I 13,819 (1989) ! 13,539 (19e9) .+.-280 --- EXHIBIT "A" Main I Search I Feedback I FAQs I Glos ~ Quick Tables DP-l. Profile of General Demographic Characteristics: 2000 Data Set: Census 2000 Summary File 1 (SF 1) 100-Percent Data Geographic Area: Iowa City city, Iowa NOTE: Fer information on confidentiality protection, nonsampling error, and definitions, see http :l/factfinder ~:ensus.~ovlhomelen_ldatanoteslexpsfl u.htm. ~ubiect Numbe Percenl Total population 62,220 t00.0 SEX AND AGE vlale 30~501 49.0 '"emale 31,712 51 Jnder 5 years 2,861 4.6 5 to 9 }/ears 2,697 4.3 I 0 to 14 years 2,802 4.5 15 to 19 years 7,259 11.7 .)0 to 24 },ears 14,872 23.c~ ]5 to 34 years 10,218 16.4 35 to 44 years 7,270 11.7 t5 to 54 }/ears 6,619 10.6 35 to 59 years 1,917 3~1 30 to 64 years 1,330 2.1 35 to 74 years 2,204 3.~ ~'5 to 84 }/ears 1,553 2.5 35 }/ears and over 618 1 .¢ Vledian a,ge I)'earsl 25.4 18 }/ears and over 52.167 83.8 Male 25.315 40.7 Female 26,852 43.2 Zl }/ears and over 42,638 68.,~ 32 ;/ears and over 5,111 8.2 35 }/ears and over 4,376 7.¢ Male 1,711 2.7 Female 2,664 RACE One race 61,172 98.:' W~ite 54,334 87.~: Black or African American 2,33.~ 3.7 Amedcan Indian and Alaska Native 191 0.-" Asian 3,50~c 5.E Asian indian 60-~ 1 Chinese 1,32; 2.1 Filipino 8~c 0.1 Japanese 22( Korean 61( 1 Vietnamese 27; 0.~ Other Asian ~ 37,~ 0.t Native Hawaiian and Other Pacific Islander 2; 0.( Native Hawaiian Guamanian or Chamorro 0.0 Samoan 0.0 Other Pacific Islander 2 1; 0.0 EXHIBIT Subject Numbe Parcen Some other race 77! 1.3 Two or more races 1,041 1.7 Race alone or in combination with one or more other races ~ White 55~23; 88.8 Slack or African American 2,72( 4.4 American indian and Alaska Native 40`' 0.6 Asian 3,88; 6.2 Native Hawaiian and Other Pacific Islander 6~ 0.1 Some other race 1,03; 1.7 HISPANIC OR LATINO AND RACE Total population 62722( 100.0 Hispanic or Latino fof any race/ 1,83`' 2.9 Mexican 93~ 1.5 Puerto Ricen 14.' 0.2 Cuban 6t 0.1 Other Hispanic or Latino 691 1.1 Not Hispanic or Latino 60,38; 97.1 White atone 53,40.~ 85.8 RELATIONSHIP Total population 62~22( in households 56,11( 90.2 Householder 25,202 40.5 Spouse 8,86l 14.3 Child 11,26~ 18.1 Own child under 18 ,years 9,58f 15.4 Other relatives 1,10t 1.8 Under 18 },ears 222 0.4 Nonrelatives 9,671 15.5 Unmarried partner 1,44.~ 2.3 In ~mup quarters 6,11( 9.8 Institutionalized population 46; 0.7 Noninstitutionalized population 5,64( 9.1 HOUSEHOLDS BY TYPE Total households 25~262 t00.1 Famil,y households Ifamiliest 11,20( 44.4 With own children under 18 },ears 5,35( 21.2 Married-couple famil}' 8,861 35.2 With own children under 18 'years 4,00l 15.9 Female householder, no husband present 1,67; 6.7 With own children under 18 'years lf06( 4.2 Nonfamil}, households 14,002 55.6 Householder living alone 8,51z 33.8 Householder 65 },ears and over 1,53( 6.1 iHouseholds with individuals under 18 years 5,60( 22.2 Households with individuals 65 'years and over 3,19( 12.7 LAvera~e household size 2.2: Average family size 2.9I IHOUSING OCCUPANCY Total housin~ units 261083 100.0 IOccupied housing units 25~202 96.6 /acant housin~l units 881 3.4 For seasonal, recreational, or occasional use 52 0.2 IHomeowner vacanc'y rate (percentt 2.4 ~.ental vacenc'y rate (percent/ 2.2 EXHIBIT "A" ~Subject Number Percent IHOUSING TENURE Occupied housing units 25~202 100.0 }wner-occupied housing units 11,714 46.5 ~¢,ter~e~pied ,'h 0 dSin~ u nits 13,488 \vera~e household size of owner-occupied unit 2.4( (X \vera~e household size of renter-occupied unit 2,0; (X) Not applicable ~ Other Asian alone, ortwo or more Asian categories. 2 Other Pacific Islander alone, or two or more Native Hawaiian and Other Pacific islander categories, 3 In combination with one or more other races listed. The six numbers may add to more than the total population and the six percentages may add to mere than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau, Census 2000 Summary File 1, Matrices P1, P3, P4, P8, P9, P12, P13, P17, P18, P19, P20, P23, P27, P28, P33, PCT5, PCTS, PCTll, PCT15, H1, H3, H4, H5, Hll, and H12. httn'//f~ ~tfin~r ~n~uq {mv/~olwl~f/[1 cicF~t*T~hl~9 1- ~=~n~ xrt n~m~=lh~ ~>~at~ Cr~ ~ EXHIBIT "A" Florence SC MSA 623 485 40 22 76 9 Fort Collins-Loveland CC MSA 1543 1266 22 39 216 15 Fort Myers-Cape Coral FL MSA 3373 2728 148 166 331 28 Port Pierce FL MSA 2580 2055 80 177 298 41 Port Smith AR-OK MSA 452 419 8 0 25 4 Fort Walton Beach FL MSA 1693 1173 8 300 212 6 Fort Wa!;ne IN HSA 1795 1635 34 4 122 9 Fresno CA MSA 4366 3494 50 198 623 83 Gadsden AL MSA 155 137 2 16 0 0 Gainesvi!le FL MSA 1382 946 0 6 430 43 Glens Falls NY MSA 668 600 i0 44 14 2 Grand Forks ND MSA 100 85 2 3 10 1 Grand Rapids MI MSA 3104 2672 72 80 280 15 Great Falls MT MSA 89 65 0 0 24 2 Greeley CO MSA 357 322 14 16 5 1 'Green Bay Wi MSA 1605 881 168 13 543 40 Greensboro--Winston-Salem-- High Point NC MSA 5180 4641 94 58 387 41 Greenville-Spartanburg SC MSA 3007 2773 88 15 131 15 Hagerstov,~ PLD MSA 456 422 34 0 0 0 Harrisburg-Lebanon-Carlisle PA MSA 2557 2186 28 11 332 32 Hartford-New Britain- Middletow~ CT CMSA 2275 2064 44 26 i45 11 Bristol CT PMSA 193 138 2 3 50 1 Hartford CT PMSA 1570 1434 28 23 85 9 Middletown ~ == PMSA 294 288 6 0 0 0 New Britain=~ PMSA 222 204 8 0 10 Pickory-Morganton NC MSA 1012 894 40 16 62 !1 Honolulu HI MSA 4118 1203 50 116 2749 209 Houma-Thibodaux LA MSA 483 467 4 0 12 1 Houston-Galveston-Brazoria TX CMSA 15588 11889 6 26 3667 188 Brazoria TX PMSA 947 932 2 4 9 1 Galveston-Texas City TX PMSA 1052 997 0 0 55 6 Houston TX PMSA 13589 9960 4 22 3603 181 Hunting~on-Ashland MSA 181 158 8 0 25 1 Huntsville AL MSA 1188 978 2 48 160 24 Indianapolis IN MSA 7335 6400 170 73 692 59 Iowa City IA MSA 692 451 14 30 197 13 Jackson MI MSA 454 420 6 0 28 3 Jackson MS MSA 1417 1266 16 4 131 10 Jackson TN MSA 482 472 6 4 0 0 Jacksonville FL MSA 7368 5906 76 172 1214 93 Jacksonville NC MSA 481 469 8 4 0 0 Jamestow!l-Durkirk NY MSA 288 191 12 0 85 3 Janesville-Beioit WI MSA 555 342 82 10 121 9 John. son City-Kingsp©rt- Bristol TN-VA MSA 1017 778 18 48 173 19 Johnst0wn PA MSA 471 353 8 8 102 3 Joplin MO MSA 307 277 22 8 0 0 Kalamazoo HI MSA 691 637 22 0 32 4 Kankakee IL MSA 380 330 10 8 32 5 Kansas City MO-KS MSA 7435 6641 228 297 269 28 Killeen-Tempie TX MSA 451 442 6 3 0 0 Knoxville TN MSA 2737 2500 54 86 97 12 Kokomo IN HSA 206 180 26 0 C 0 La Crosse WI MSA 362 231 32 20 79 7 Lafayette LA MSA 569 532 0 0 37 4 Lafayette-West Lafayette IN MSA 930 480 0 0 450 21 Lake Charles LA MSA 532 466 12 8 46 4 Lakeland-Winter Haven FL MSA 2589 1991 76 12 510 40 Lancaster PA MSA 2533 1861 10 41 621 29 Lansing-Past Lansing Mi MSA 1838 1424 24 15 376 13 Laredc TX MSA !221 550 22 84 565 35 Las Cruces NH MSA 685 484 6 4 191 12 Las Vegas NL~ MSA 17864 1~5~3 84 259 4958 402 EXHIBIT "A" ~!~:d~!- ~a~-':~ -i-~'3 I~ ~-------1' ,~,,~ ~d,:',::~ ~,i mOi~__.. ' '" ~, ,',~i Glens Falls h~f MSA 589 554 8 19 8 - Harrisburg-Lebanon-Carlisle Hartford-New Britain- ~iR i ~[~~~ !~A MSA 943 555 22 19 347 24 Johnson Ciny-Kingsport- Kankakee IL MSA 401 347 32 16 6 1 EXHIBIT 'IA" Port Collins Loveland CO MSA 2616 2274 42 76 226 Fort Myers-Cape Coral FL MSA 5328 3672 180 364 1112 104 Fort Pierce-Port S%. Lucia FL MSA 3106 2225 374 88 418 58 Fort Smith AP.-0K MSA 610 535 36 39 0 0 Fort Wayne IN MSA 2473 2271 10 0 192 1i Fresno CA MSA 4955 4446 96 81 332 55 Gainesvilie FL MSA 1483 962 0 4 517 44 Glens Falls NY MSA 585 502 6 8 49 2 Goldsboro NC MSA 542 444 24 59 15 2 Grand Forks ND-Mlq MSA 421 242 4 16 159 6 Grand Rapids-Muskegcn-Holland MI MSA 5351 4636 84 113 518 47 Great Falls MT MSA 109 107 2 0 0 Green Bay WI MSA 1893 1089 218 4 582 38 Greensboro--Winston-Salem-- High Point NC MSA 7547 6324 82 57 1084 86 Greenville NC MSA 1746 817 6 0 923 68 Greenvi!le-Spartanburg- Anderson SC MSA 5100 4764 56 38 241 16 Harrisburg-Lebanon-Carlisle Hartford CT MSA 3151 2929 10 49 163 25 Hickory-Morganton NC MSA 1598 1449 64 16 69 8 Honolulu HI MSA 3411 19i6 62 59 1374 132 Houston-Galveston-Brazoria TX CMSA 17302 13633 22 94 3553 252 Brazeria TX PMSA 1388 1257 0 6 125 Galveston-Texas City TX PMSA 1698 1319 0 70 309 22 Houston TX PMSA 14216 11057 22 18 3119 220 H~kntington-Ashland ~-KY-OH MSA 250 192 14 8 36 5 Huntsville AL MSA 1966 1328 0 36 602 59 indianapolis IN MSA 10401 8906 238 96 1161 97 :I~ C~i'~Y {iI~ MSA 968 652 26 33 257 22 Jackson TN MSA 571 544 2 0 25 5 Jacksonville FL MSA 7508 7017 194 92 205 24 Jacksonville NC MSA 683 665 18 0 0 0 Jamesto~rn NY MSA 279 222 2 7 48 2 Janesville-Beloit WI MSA 797 538 90 22 147 13 Jobmson Cisy-Kingsport- Bristol TN-VA MSA 1515 1096 58 57 304 36 Job_nstown PA MSA 346 321 2 0 23 3 Joplin MO MSA 651 372 118 113 48 3 Kansas City MO-KS MSA 9593 8686 198 905 404 18 Killeen-Temple TX MSA 1795 176S 30 0 0 0 Knoxville TN MSA 3928 3359 88 65 416 35 La Crosse WI-MN MSA 641 481 60 19 81 8 Lafayette IN MSA 990 708 48 0 234 15 Lake Charles LA MSA 734 686 34 14 0 0 Lakeland-Winter Haven FL MSA 2655 2587 40 4 24 2 Lancaster PA MSA 2741 2189 36 14 502 28 Lansing-East Lansing MI MSA 1853 1416 16 10 411 37 Laredo TX MSA 1549 869 6 116 558 52 Las Cruces NM MSA 1008 905 4 11 88 3 Lawrence KS MSA 963 537 172 63 191 20 Lawton OK MSA 215 213 2 0 0 0 Lewiston-Auburn ME MSA 183 183 0 0 0 0 Lexington KY MSA 3559 2835 158 !28 438 45 Lima OH MSA 423 377 40 6 0 0 EXHIBIT "A" Goldsboro NC MSA 576 488 32 42 14 2 Greensboro--winston-Salem-- Harrisburg-Lebanon-Carlisle Kansas City MO-KS MSA 10862 9189 232 242 1199 77 EXHIBIT "A" Florence SC MSA 574 512 6 0 56 3 Fort Collins-Loveland CO MSA 2797 2186 86 104 421 30 Fort Myers-Cape Coral FL MSA 5002 3028 196 326 1452 121 Fort Pierce-Per5 St. Lucie FL Mia 2791 2078 202 40 471 44 Fort Smith AP.-OK Mia 1101 560 52 12 477 40 Fort Walton Beach FL Mia 1622 1036 10 28 548 12 Fort Wayne iN MgA 2758 2396 98 28 234 15 Fresno CA Mia 4916 3673 62 292 889 111 Gadsden AL Mia 323 236 0 0 87 Gainesville FL Mia 1971 924 2 3 1042 64 Glens Falls ATY MSA 432 422 10 0 0 0 Goldsboro NC Mia 539 434 42 42 21 3 Grand Forks lfO-M~ MSA 475 159 2 4 310 8 Grand Junction CO MSA 941 832 72 7 30 Grand Rapids-Muskegon-Holland Mi MSA 7102 5487 176 121 1318 66 Great Falls MT MSA 127 99 0 3 25 3 Green Bay WI MSA 1890 952 234 50 654 57 Greensboro--Winston-Salem-- High Point NC Mia 8863 6800 62 105 1896 168 Greenville NC MSA 1558 877 18 0 663 58 Greenville-Spartanburg- Anderson SC Mia 6072 4994 202 11 865 59 Harrisburg-Lebanon-Carlisle PA MSA 2376 2118 16 45 197 21 Hartford CT MSA 2524 2470 28 12 14 2 Hattiesburg MS MSA 185 63 2 0 120 9 Hickory-Morganton-Lenoir NC MSA 1519 1368 42 38 73 Honolulu HI MSA 4544 2090 64 76 2314 150 Houma LA MSA 783 678 0 4 101 9 Heuston-Galveston-Brazoria TX CMSA 21682 15849 78 972 4783 247 Brazoria TX PMSA 1366 1210 4 0 152 1 Galveston-Texas City TX PMSA 1490 1153 4 30 303 19 Houston TX PMSA 18826 13486 70 942 4328 227 Huntington-Ashland WV-KY-OH Mia 489 144 20 0 325 5 Huntsville AL MSA 757 757 0 0 0 0 Indianapolis IN MSA 13606 10254 532 235 2585 161 %~ad~i%Y I~i~S~ 838 460 16 18 344 33 Jackson MI MSA 634 545 4 8 77 5 Jackson MS MSA 3089 2360 2 41 686 57 Jackson TH Mia 1070 648 24 24 374 37 Jacksonville FL Mia 8590 6468 52 30 2040 134 Jacksonville NC Mia 676 622 26 16 12 2 Jamestown IqY Mia 225 193 4 0 28 2 Janesville-Beloit WI MSA 1037 541 182 28 286 23 Johnson City-Kingmport- Bristol TN-VA Mia 2072 1685 22 34 331 38 Johnstown PA MSA 432 349 16 0 67 3 Joplin MO MSA 742 453 102 87 100 5 Kalamazoo-Battle Creek MI MSA 2128 1562 52 66 448 29 Kansas City MO-KS Mia 11183 8266 436 219 2262 149 Killeen-Temple TX MSA 2192 1604 108 100 380 24 Knoxville TN MSA 4548 3545 78 192 733 47 Kokomo IN MSA 666 362 52 0 252 28 La Crosse WI-MN MSA 747 476 80 38 153 14 Lafayette LA MSA 1411 1389 2 0 20 1 Lafayette IN MSA 974 760 72 4 138 12 Lake Charles LA MSA 899 795 40 15 49 4 Lakeland-Winter Haven FL MSA 2365 2186 56 83 40 4 Lancaster PA MSA 1923 1656 28 28 211 21 Lansing-East Lansing MI MSA 1935 1543 18 12 363 14 Laredo TX MSA 1900 881 4 108 907 77 Las Cruces 1~ MSA 983 812 4 4 163 4 Las Vegas ~-AZ MSA 29545 20062 162 586 8765 893 Lawrence KS MSA 841 506 130 53 152 16 .... ___ ,- EXHIBIT "A" Rogers A_R MSA 2996 2199 220 64 513 49 Flagstaff AZ-UT MSA 1477 758 30 35 654 46 Florence AL MSA 481 302 2 84 93 12 Florence SC MSA 725 586 16 8 115 17 Port Ccllins-Loveland CO MSA 3491 2426 32 225 808 84 Port Myers-Cape Coral FL MSA 5710 3877 226 405 1402 113 Fort Pierce-Port St. Lucia FL MSA 8280 2439 168 89 564 40 Porn Smith A-q-OK MSA 905 728 36 23 118 8 Fort Walton Beach FL MSA 1843 1535 52 26 230 20 Port Wa~rne IN MSA 2816 2870 60 10 176 15 Fresno CA MSA 3910 3539 48 140 183 22 Gadsden AL MSA 258 216 2 0 40 4 Galnesville FL MSA 1853 1040 2 10 801 60 Glens Falls b~.' MSA 441 415 2 8 16 2 Goldsboro NC MSA 466 424 6 30 6 1 Grand Forks I~D-MN MSA 268 213 4 0 51 4 Grand Junction CO MSA 1044 917 94 0 33 8 Grand Rapids-Muskegon- Holland Mi MSA 7940 6117 188 127 i508 86 Great Falls HT MSA 134 104 0 0 30 6 Green Bay WI MSA 1705 1020 154 34 497 39 Greensboro--Winston-Salem-- High Point NC MSA 9403 6953 114 102 2234 168 Greenville NC MSA 1019 663 18 0 338 25 Greenville-Spartanburg- Anderson SC HSA 7661 5589 122 69 1881 113 Harrisburg-Lebanon-Carlisle PA MSA 2841 2283 30 143 385 48 Hartford CT MSA 2983 2723 22 36 202 12 Hattiesburg MS MSA 189 101 12 0 76 6 Hickory-Morganton-Lenoir NC MSA 2038 1747 70 15 206 14 Honolulu HI PISA 2000 1125 34 0 841 30 Houma LA MSA 834 758 8 4 64 2 Houston-Galveston-Brazoria TX CMSA 24118 19436 48 138 4499 260 Brazoria TX PMSA 1730 1633 6 0 91 6 Galveston-Texas City TX PMSA 1512 1321 4 4 183 2 Houston TX PMSA 20876 16482 38 131 4225 252 Huntington-Ashland WV-KY-OH MSA 278 204 4 16 64 3 Huntsville AL MSA 947 897 0 4 46 7 Indianapolis IN MSA 13737 10704 204 204 2625 195 tewaCity!~MS~ 907 435 56 32 384 31 Jackson MI MSA 716 687 2 11 16 2 Jackson MS MSA 2893 2312 0 35 546 53 Jackson TN MSA 705 571 38 0 96 12 Jacksonville FL MSA 11290 7459 42 43 3746 210 Jacksonville NC MSA 832 713 20 75 24 3 Jamestown N-f_ MSA 231 206 18 7 0 0 Janesville-Beloit WI MSA 947 561 108 18 260 31 Johnson City-Kingsport- Bristol TN-VA MSA 1841 !563 28 80 170 20 Johnsto~n PA MSA 481 386 18 4 73 2 Jonesboro AR MSA 894 412 8 15 459 39 Joplin MO MSA 738 477 100 36 125 6 Kalamazoo-Battle Creek MI MSA 2089 1760 40 74 225 16 Kansas City MO-KS MSA 12344 9695 542 317 1790 138 Killeen-Temple TX MSA 2210 1489 128 224 369 32 Y~oxville TN MSA 5453 3999 i10 75 1269 90 Kokomo IN MSA 741 413 88 0 240 14 La Crosse Wi-MN MSA 825 519 90 30 186 11 Lafayette LA MSA 1774 1623 2 19 130 17 Lafayette IN MSA 1449 868 110 44 427 31 Lake Charles LA MSA 1344 879 146 28 291 30 Lakeland-Winter Haven FL HSA 2626 2504 34 42 46 5 EXHIBIT "A" Elmira NY MSA 114 83 0 12 19 l Enid CE MSA 91 84 4 3 0 0 ~o 15 Erie PA MSA 7~ 616 32 58 93 Eugene-Springfield OR HSA 2598 1296 342 164 793 55 Evansville-Henderson IN-KY MSA 1326 1228 24 1! 63 9 Pargo-Moorhead ND-MN MSA 1310 484 76 23 727 29 Fayettevi!!e NC HSA 1508 1006 12 19 471 34 Payetteviile-Springdale- Rogers AR MSA 2698 1907 168 7~ 548 41 Flagstaff AZ-UT MSA 820 691 16 7 106 12 Florence AL MSA 342 251 6 45 40 4 Florence SC MSA 722 581 22 6 113 18 Fort Collins-Loveiand CO MSA 2771 2293 6 173 305 38 Fort Myers-Cape Coral FL MSA 5893 3534 210 472 1677 125 Fort Pierce-Fort St. Lucia FL MSA 3076 2265 162 17 612 49 Fort Smith AR-OK MSA 803 614 84 11 94 9 Fort Walton Beach FL MSA 2071 1496 6 10 559 39 Fort Wayne IN MSA 2978 2268 54 43 613 44 Fresno CA MSA 3281 2968 38 87 188 22 Gadsden AL MSA 229 173 0 3 53 5 Gainesvii!e FL MSA 1665 1059 32 56 518 54 Glens Falls N~f MSA 412 366 0 4 42 5 Goldsboro NC HSA 489 429 16 4 i0 2 Grand Forks ND-Pin HSA 562 415 12 0 135 4 Grand Junction CO MSA 1114 965 50 15 84 2 Grand Rapids-Muskegon- Holland HI MSA 7151 5244 232 282 1393 80 Great Falls MT HSA 165 1i0 0 3 52 8 Green Bay WI HSA !503 933 176 20 374 32 Greensboro--Winston-Salem-- High Point NC HSA 9705 7410 132 66 2097 145 Greenville NC MSA 1413 851 16 0 546 50 Greenville-Spartanburg- ~nderson SC MSA 6877 5433 364 4! 1039 72 Harrisburg-Lebanon-Carlisle PA MSA 3360 2463 22 87 788 90 HarLford CT MSA 3455 2911 42 3 498 33 Hattiesburg MS HSA 145 i08 0 4 38 3 Hickory-Morganton-Lenoir NC HSA 1871 1563 106 35 167 21 Honolulu HI MSA 2035 1141 38 23 833 20 Ho'ama LA MSA 840 746 8 6 80 4 Houston-Ga!veston-Brazoria TX CMSA 32333 20826 78 164 11265 660 Brazoria TX PMSA 1780 1778 2 0 0 0 Galveston-Texas Ci5y TX PMS 1450 1112 2 4 332 18 z¢_0~ 17936 74 160 10933 642 Huntington-Ashland OH MSA 262 205 8 6 43 7 Huntsville AL MSA 1615 1176 4 11 424 26 indianapolis IN HSA 13268 10669 308 103 2188 158 748 432 32 92 192 15 Jackson MI MSA 695 675 0 16 104 3 Jackson HS MSA 2723 2344 4 46 328 21 Jackson TN MSA 727 699 24 4 0 Jacksonville FL HSA 8560 6965 62 15 1518 98 Jacksonville NC MSA 826 666 40 64 56 8 Jamestown NY MSA 217 190 14 13 0 0 Oanesville-Beloit WI HSA 791 514 80, 23 174 20 Johnson City-Kingsport- Bris%el TN-VA MSA 1877 1559 28 48 242 34 Johnstovcn PA MSA 404 379 14 6 5 1 Jonesboro AR MSA 697 379 18 28 272 16 EXHIBIT "A" Fargo-Hoorhead- ND-~J MSA 1444 728 132 16 588 27 Payet~evilie~ NC HSA 194i 1200 18 23 700 48 Feyeteevi!le~Springdaie- Ro~ers* AR MSA 1824 1614 70 34 106 14 Flagstaff* AZ-~T MSA 676 527 8 12 12~ 8 Florence* AL MSA 187 121 2 0 66 8 Florence* SC HSA 643 513 10 0 120 19 Peru Collins-Lovelend* CO HSA 3244 2665 12 126 441 34 Fort Hyers-Cape Core!~ FL HSA 8045 3995 376 561 3113 205 Fort Pierce-Port St. Lucia* FL MSA 3517 2427 118 55 917 60 Fort Smith* AR-OK MSA 634 508 100 8 18 3 Port Walton Beech* FL MSA 2591 1553 6 19 1013 37 Fort Wayne* IN MSA 3763 2740 24 220 779 78 Fresno CA MSA 3715 3267 24 32 392 48 Gadsden* AL MSA 88 88 0 0 0 0 Geinesville* FD HSA 2220 1082 4 17 1117 89 Glens Palls~ NY MSA 407 377 0 3 27 4 Goldsboro* NC HSA 400 356 i0 34 0 0 Grand Forks* ND-MN MSA 20~ 169 0 3 32 2 Grand Junction~ CO HSA 1286 1105 132 41 8 1 Grand Rapids-Muskegon- Holland HI MSA 786! 5912 212 1~2 1545 107 Grea~ Fells* MT MSA 272 109 2 0 161 19 Gree~ Bay* W! MSA 1252 889 68 12 283 34 Greensboro--Winston-Salem-- High Point NC MSA 11296 8215 102 128 2851 239 Greenville* NC HSA 1355 759 52 0 544 54 Greenville-Spartanburg- Anderson* SC MSA 7251 6198 316 9 728 Harrisburg-Lebanon- Car!isle* PA HSA 1887 1657 8 12 210 20 Hartford* CT' MSA 4385 3535 52 111 687 39 Hettmesburg* MS MSA 107 79 4 3 21 4 Hickory-Morgenton-Lenoir* NC MSA 2255 1683 58 15 499 Honolulu HI HSA 1602 1271 22 16 293 34 Houma* LA MSA 774 758 16 0 0 Houston-Galveston-Brazoria TX 47210 25418 i12 1184 20496 1287 Hrezorie TX PMSA 2632 1960 2 i00 570 24 Galveston-Texas City TX PHS 1779 1687 8 72 12 2 Houston TX PMSA 42799 21771 102 1012 19914 1261 Huntington-Ashland~ WV-Ky- OH MSA 324 51 0 4 269 9 Huntsville* AL MSA 1725 1113 0 52 560 47 Indianapolis IN HSA 16107 12544 358 152 3053 226 ~'¢e~{'~:!~'$A 565 420 32 45 68 5 Jackson* MI HSA 137 88 2 0 67 Jackson* MS MSA 3717 2447 12 120 1138 Jackson~ TN HSA 885 659 6 0 220 29 Jacksonville FL HSA 9426 7646 52 25 1703 120 Jacksonville* NC HSA 904 798 2 86 18 3 Jamestown* NY HSA 14 14 0 0 0 0 ganesvi!le-Beloit* WI HSA 379 261 58 15 45 9 Johnson City-Kingsport- Bristol* TN-VA MSA 1641 1167 38 23 413 40 OohnstomP.* PA HSA 65 60 0 0 5 1 Jonesboro* 2~, MSA 448 380 8 8 52 3 Joplin* MO MSA 240 189 36 8 7 ! Kalamazoo-Barrio Creek* MI MSA 1416 1030 30 30 326 20 Kansas City MO-KS HSA 13879 10147 772 524 2436 137 Killeen-Te~.ple* TX MSA 1539 1127 62 200 160 ......... EXHIBIT "A" Elmira NY MSA 296 115 2 8 171 21 Enid OK HSA 85 69 4 12 0 0 Erie PA HSA 775 660 12 6~ 38 5 Eugene-Springfield OR MSA 1830 1161 106 36 527 49 Evansville-Henderson iN-KY MSA 1716 1454 56 34 172 17 Fargo-Hoorhead ND-MN HSA 1387 ?97 4 8 578 26 FayetEeville NC MSA 1023 824 4 23 172 14 Fayetteville-Springdaie- Rogers AR MSA 2905 2118 74 93 620 61 Fiagslaff AZ-UT HSA 1056 779 6 12 289 24 Florence AL MSA 313 261 6 6 40 5 Florence SC MSA 648 536 6 0 i06 16 Fort Coiiins-Loveland CO MSA 359i 2583 60 86 862 86 Fort Myers-Cape Coral FL MSA 8816 4722 354 512 3228 203 Port Pierce-Port St. Lucie FL MSA 3347 2699 48 1! 589 36 Fort Smith AR-OK MSA 733 5i7 56 20 140 18 Fort Walton Beach FL MSA 1807 1392 10 13 392 17 Fort Wayne IN MSA 3900 3057 28 40 775 72 F_~sno~= CA MSA 3578 3088 40 134 316 40 Gadsden AL MSA 195 155 0 0 40 1 Gainesvi!!e FL MSA 2728 1179 20 4 1525 96 Glens Fails NY MSA 549 446 14 3 86 4 Goldsboro NC MSA 555 529 20 0 6 1 Grand Forks ND-MN MSA 310 195 10 0 105 2 Grand Junction CO MSA 1362 1232 76 30 24 3 Grand Rapids-Muskegon- Holland Mi MSA 7228 6089 108 101 930 77 Great Fails MT MSA i0! 89 0 0 12 1 Green Bay WI MSA 1930 1273 158 8 491 34 Greensboro--Winston-Salem-- Hich Poinl NC MSA 10487 8020 86 119 2262 147 Greenville NC MSA 1189 742 94 4 349 28 Greenvi!le-Spartanburg- }~derson SC MSA 8290 7053 264 16 957 72 Harrisburg-Lebanon-Carlisle PA MSA 318~ 2793 20 59 314 25 Hartford CT MSA 3890 3595 16 27 252 21 Ha=~_esburg MS MSA 160 106 2 3 49 8 Hickcry-Morganuon-Lenoir NC MSA 2159 1887 44 19 209 20 Honolulu HI MSA 1928 1449 0 21 458 41 Bouma LA MSA 741 739 2 0 0 0 Bouston-Galveston-Brazoria TX CMSA 36675 25592 118 820 10145 583 Brazoria TX PMSA 1983 1717 6 72 188 13 Galveston-Texas City TX PHS 2107 1627 0 48 432 14 Houston TX PHSA 32585 22248 112 700 9525 556 Huntington-Ashland WV-KY- OH MSA 326 191 8 51 76 4 Huntsx_zle AL MSA 1188 1156 0 32 0 8 Indianapolis iN MSA 15862 13573 334 209 1746 14! 1072 671 44 47 310 20 Jackson MI MSA 1007 745 12 34 216 16 Jackson MS MSA 3945 2573 8 24 1340 129 Jackson TN MSA 927 875 4 8 40 6 Jacksonville FL MSA 11604 8052 70 34 3448 216 Jacksonville NC MSA 970 693 46 39 192 8 Jamestown NY MSA 227 201 18 8 0 0 Janesville-Beloit WI MSA 989 611 90 S3 235 20 Johnson Cits~-Kin~sport- Brislol TN-VA MSA 1803 1484 26 28 265 19 Johnstown PA MSA 443 431 12 0 0 0 Jonesboro AP, MSA 843 352 4 1!9 368 24 EXHIBIT "A" Houston T2: PHSA 30884 23917 106 ~6 6765 470 Hdnllndt oR-Ashlano WV-KY- OS HSA 288 244 6 38 0 Huntsville AL HSA 1210 1058 0 8 144 13 ~50 12686 298 254 Indianapolis IN MOA ~u~ * 2118 155 I~i%~:~ ~%'MSA 1151 529 40 43 539 42 Jackson HI MSA 919 688 14 0 217 7 Jackson HS HSA 2270 1987 12 4 267 18 Jackson TN HSA 656 656 f 0 0 0 Jacksonville FL ~ _~oA 10571 7857 22 126 2566 153 Jacksonville NC MOA 915 634 12 20 249 20 James%own NY MOA 236 208 22 6 0 0 Janesviiie-Beloit WI MOA 848 528 46 97 177 24 Johnson City-Kingsport- Bristol TN-VA HSA 1501 1201 44 4 252 23 Johnstown PA MOA 460 421 18 !0 11 2 Jonesboro AR MOA 320 274 18 12 16 1 Joplin MO MSA 481 400 14 19 48 6 Kalamazoo-Battle Creek Nil MOA 2417 1687 18 36 676 41 Kansas City MO-KS MOA 12867 9227 558 425 2657 244 Killeen-Temple TX HSA 1885 1299 136 320 30 2 Knoxville TN t{SA 3990 3147 50 83 710 54 Hokomo IN HSA 461 427 26 C 8 1 La Crosse WI-MN MSA 644 472 66 46 60 7 Lafayette LA MOA 1458 1410 40 8 0 0 Lafayette IN MSA 1787 842 66 82 797 52 Lake Charles LA_ MOA 959 893 40 26 0 0 Lakeland-Winter Haven FL MOA 4746 3520 26 42 1158 93 Lancaster PA MOA 2016 1704 32 75 205 20 Lansing-East Lansing MI HSA 2316 1661 64 33 558 50 Laredo TX HSA 1863 1423 8 59 373 13 Las Cruces NH MSA 982 754 O 11 217 24 Las Vegas NV-AZ DiSA 28i62 23&0¢ 86 219 4688 503 Lawrence KS HSA 803 478 116 48 161 13 Lawton OK HSA 138 128 0 0 !0 1 Lewistcn-Auburn ME HSA 180 169 2 9 0 0 Lexington KY MSA 4241 3311 174 82 674 62 Lima OH HSA 395 369 20 6 0 0 Lincoln NE MOA 1697 1312 42 0 343 29 Little Rock-North Litlle Rock AR MOA 2738 2232 58 251 197 16 Longview-Harshall TX MOA 201 201 0 0 0 0 Los Angeles-Riverside- Orange County CA CMSA 54944 37260 634 1061 15989 748 Los Angeles-Long Beach CA PHSA 16968 8372 364 824 7808 287 ,Orange County CA PHSA 12520 6814 190 441 5075 251 Riverside-San Bernardino CA PHSA 21496 19090 40 168 2i98 140 Ventura CA PMSA 3960 2984 40 28 908 70 Louisville KY-IN HSA 6751 5396 26 56 1273 96 Lubbock TX MOA 924 804 52 48 20 3 Lynchburg VA HSA 1143 911 28 3 198 16 Macon GA MSA 2692 2041 34 4 613 58 Madison WI MOA 3986 1992 270 370 1354 75 Mansfield OH MOA 631 403 66 59 10,3 8 HcAllen-Edinburg-Mission TX HSA 5648 5019 I00 274 247 27 Hedford-Ashland OR HSA 1!51 1140 32 52 127 4 EXHIBIT "B" Gary: For the fall semester, CyRide averaged 139 passengers boarding per day at Sterling Plains. It is safe to assume that the return trips were about the same, although we often have more people returning to an apartment building than leave in the morning. This is because there is some ride sharing to campus, but the bus is used for the return trips. Our heaviest days are f4onday and Wednesday and I would guess that the ridership is about 10% higher than average on those days. Tuesdays and Thursdays are lighter ridership days. If you need any additional information, please let me know. EXHIBIT "B" Septem}~er ?, 2D01 At,n: Mitch Ba'tley St~rting 'Umv¢~.~i .ty Crescent h~ 192 apa,dmtmts ~ 660 b~d ~pa~s. We est~at~ ~at 3 ~ 0400 of ot~ ~cskd~nts fide ~ ~U bus to a~end cl~s each day. O~ residents d~,8 upon tl~e bus ~st~. ~d it w~ ~ ~po~t factor wh~ they w~e choos~ a rc$idmee. Please cal if >~ need ~y o~ ~fo~fiom Sincerely, M~lme Co~ier t.-~(¥~ r Jrb,--t.r& Dr?ce - Bsrori kouqe, Louisiana 70820 - Tel {2251 768~7172 ~ Fsx (22SI 768-7386 EXHIBIT "B" Scpte~oer 5, 2001 The shuttle ks full to cap~city on a d~k~ b~zis and ~lmo~ du~ e~e~ ~hu~le m ~ thc av~age, ~ere ~e appro~te¥ 275-300 residents ~ fide ~ ~le a~y. On a b~y c[~s schedule ~y, ~hem is more~ so~t~es ~s( 350 residen~ per day. St~g U~er~ity Gme~ ~ !56 ~ts md 516 bed ~pace~. 2900 Oak Tree Avenue Norman OKlar]oma 79072 M~in {405) 2~2~ 8ad~-Un~ (405j 292-0044 Fax [405) SUN" -XHtBIT $%erling Unive:$ity Heights' exprems bus service to the University of Tennessee hms bse~ a huge success for %he apartment community, the University, and Knoxville Area Transit. We &~a a distance from school, therefore the residents cannot walk. Parking on Ca~pus is vary scarce. The Residents enjoy riding =he bus and they love the =envenience of it. Wa support the bus by hosting Curbside Breakfast. Wm sell the bus pa=sea in our office for Enoxviiie Area Transit so the s~udents can conveniently purchase the pass~s~ I wout~ highly reco~n~ the bus from. Knozville Aras Transi~ ~Y~T~ has ~ot ~ot a c~unt of our ~id~r$~ip .tot Augu&= 2001 yet. Tnerider£h~p ~or iasu y~a£ was 32,696 for Fat! and Spzin~ se~stez. Th£~ calau!z~s tc be 244 p~Opie per day. If you hav.e any questions, plense give me a call at ¢865) 609-7767. Also, I am fairing a i~%~er of recommendation from.~T to you. Amy YRrnell Knoxviile~ TN i3i9 Kno?cy Pine Way ,, Knoxville, Tennessee 37920 . TeL (865} 60g-7767 ,, Fax (862! 609-7082 EXHIBIT "B" EXHIBIT "B" September 5, 200I Dear Mitc~i Bailey, Stcrlmg Universi~ Oom't apartments are located in Lansing, Michigan. We have 138 apartments a.nd 516 beds. We include a bus pazs in ~e rent for our student's convenience. The bus makes 20 stops per day outside of our cl~ohouse, wifla 20 people rid£ng at a time, Over 400 ofou~ residents util/ze the Cats bus pass bat we provide for them. If you have any questions please feel free to contact me during normal business hours at 517-272-4044, Th~2c Katie B'arr on Community Manager EXHIBIT "B' Betsy Vaicies From: Cindy Combs [parksmenager@sulqparks,com~ Sent: Wednesday, September 05, 2001 9:44 To: BeVy Valde~ Subject: 5us Memo -to: Betsy Valdes .~o=,Cindy M. Combs CC: .. ~.t~.' 9/5/01 Sterling University P~rks in Waoo, Texa~ was built in 1998. We presently h~ve 646 bgd spaces and ~72 apartments with 11 buildings not including the clubhouse. Out of 648 bgd spaces about 5 -10% use the trolley instead of ddving their own vehicle, n~ing a biks, or wa~in.~... The trolley rout~ is provided to the residents at no charge. We are considered o,~ th= .go~d route, which picks up eve.w thirty minutes. We a!so have a covered bus stop that we provide for the residents on rainy days. RESIDENTIAL (200) S-F Det Rous DU 10.03 4.31 21.90 2.37 0.13 313 0,21 054 0.75 0.64 0.36 1.00 0,64 0.36 1.00 210 ACRE 26.18 1.82 275.19 31.15 2.82 122 0,61 1.50 2.11 1.70 1.03 2.73 1.70 1.03 2.73 Urban DU 11.28 0.24 061 0.84 0.72 0.41 1.13 0,72 0.41 1.13 ACRE 29.45 0.69 1.69 2,37 1.91 1.16 3.07 t.91 1.16 3.07 Suburban DU 9.06 0.19 0.49 0.68 0.58 0.33 0.90 0.58 0.33 090 ACRE 23.64 055 1.35 1.91 1.54 0.93 2.47 1.54 0.93 247 Rural DU 9.73 0.20 0.52 0.73 062 035 097 0.62 0.35 0.97 ACRE 25.40 0,59 1.46 2,05 1.65 1.00 2.65 1.65 1.00 2.65 Apartment DU 6.11 0.54 12,34 1.92 0.17 122 0.09 0.48 055 0.49 0.22 0.71 0.49 022 0.71 220 ACRE 23.79 1.82 361.83 67.98 8.37 66 0.36 0.90 1.26 1.40 0 81 2.21 1.40 0.81 2.21 Urban DU 6.87 0.10 0.52 0.62 0.55 0.25 0.80 0.55 0.25 0.80 ACRE 26,76 0.41 1.01 1.42 1.58 0.91 2.49 1.58 0.91 2.49 Suburban DU 5.52 0.08 042 0.50 0.44 0.20 0.64 0.44 0.20 0.64 ACRE 21.48 0,33 0.81 1.14 1.26 073 2.00 1.26 0,73 2.00 Rural DU 5.93 009 0.45 0.53 0.48 0.21 0.69 0.48 0.21 0 69 ACRE 23.08 0.35 0.87 1.22 1.36 0.79 2.14 1.36 0.79 2.14 Condomin DU 5.40 0,57 11.79 2,28 0.31 55 007 0.37 0.44 0.36 0.18 0.54 0.36 0.18 054 230 ACRE 68.04 14.81 337.66 74.29 17.04 19 0.76 4.50 5.26 4.41 2.16 6.57 4.66 252 7.18 itl Urban DU 6.08 0 08 OA2 0.50 0.41 0,20 0.61 0.41 0.20 061 X ACRE 76.55 086 5.06 5.92 4.96 2.43 7,39 5.24 2.84 8.08 Suburban DU 4.88 0.06 0.33 0.40 0.33 0. t6 0.49 0,33 0.16 0.49 ACRE 61,44 0.69 4.06 4.75 3.98 1.95 5.93 4.21 2.28 6.48 Mobile Home DU 4.78 2.29 7.60 1.44 0.28 26 0.05 0.37 0.42 0.38 0.19 0.57 0.38 0.19 0.57 240 ACRE 39.13 15.66 85.69 17.19 3.19 29 0.59 3.03 3.62 3.10 1.81 4.91 3.23 1.81 5.04 C~ Retire Corem DU 3.30 2.80 9.90 NA NA 3 · ,~ 0.40 · * 0.40 ~ · 25O Plan Unit Dev DU 7.49 5.23 14.38 2.62 0.70 14 0.13 0.43 0.56 0.46 0.24 070 0.46 0,26 0.72 270 ACRE 46.78 41.85 50.80 4.24 2.12 4 0.67 2.21 2.88 2.66 1.39 405 2.64 1.49 4.13 (Suburban) LODGING (300) Role{ ROOM 8.70 5.31 9.58 1.58 0.60 7 0,44 0.26 070 036 0.31 0.6Z 0.56 0.35 0.91 310 EMP 14.34 8.85 24.47 6.13 2.74 5 0.40 0.29 0.69 036 0.27 0.63 0.52 0.45 0.97 ACRE 1430.19 755,38 1663.55 395.72 19786 4 7.05 4.90 11.95 47.31 46.42 93.73 65.28 54.57 119.85 Urban ROOM 8.68 0.44 0.26 0.70 0.36 0.31 0.67 0.56 0.35 0.91 EMP 14.31 0.40 0.29 0.69 0.36 0.27 063 0,52 0.45 0.97 ACRE 1427.33 7.04 4.89 11.93 47.22 46.33 93.54 6515 54.46 119.61 Suburban ROOM 9.34 0.47 0.28 0.75 0.39 0.33 0.72 0.60 0.38 0.98 EMP 15.39 0.43 0,31 0.74 039 0.29 0.68 O,56 0,48 1.04 ACRE 1534.59 7.56 5.26 12.82 50.76 49.81 100.57 70.05 58.55 128.60 Motel ROOM 6.13 4.17 10.04 2.54 0.90 8 0.32 0.20 0.52 0.27 0.27 0.54 0.41 0.24 0.65 320 EMP 12.61 7.20 4%00 10.69 3.38 10 0.51 0.31 0.82 0.30 0.30 0.60 0.69 0.42 1.11 ACRE 180.71 38.41 364.44 106.57 32.13 11 12.03 7.32 19.35 6.39 6.39 12.78 11.03 6.45 17.48 Resort Hotel ROOM 18.40 7.11 52.41 14.33 5.07 B · · 0.24 · * 0.50 * · 0.57 330 EMP 10.27 NA NA NA NA 1 * * 0.34 ,~ * 0.73 ~' · 082 ACRE 237.96 33,42 1811.11 568.51 201.00 8 .~ ~ 16.72 * * 35.63 * ¥ 40.18 EXHIBIT "D" §i' RI_ING UNB t .S1D' January 28.2002 To Whom It May Concern: It has been brought to my attention that a concern exists regarding professional management for our apartment community in Iowa City, Iowa. I would like to take this opportunity to explain ~he high quality of our management. The Dinerstein Companies were ~bunded m 1955 and have developed, built, and managed apartment communities across the nation. In 1997, the Dinerstein Companies researched the need for student housing and opened theh first student apartment commmuitias in 1998 To date, we manage 27 corr. munities in 20 states. Each community is staffed with a fhll-time Manager, Assistant Manager.. and Lead Maintenance. Our par~-fime staff includes 5 Community Assistants and 4 Residem Maimenance Crew. The part-time staff lives on-site and serves as the eyes and ears of our community. The office and maintenance shop are located or,-site ir, the clubhouse. At, er office hours, we forward the phone to an answering service so that someone can answer (ne phone 24-hours a day. This service allows us to offeI 24-hour emergency maintenance. If there is a maintenance problem which threatens I/fo or property, we will respond immediately, even if it i.q in the middle of the night Before being hired, every Manager mu~t complete a series of imerviews, including a final interview with the Senior Vice President and President of the management company. Every employee must pass a background test, which screens for substance abuse and criminal history. We make sure we b. ire the most qualified candidates who can provide the be~t customer service and professional management available. After every employee is hired, they go through a rigorous twO-week u-aim:ag period. Most of our employees tell us that they have never received so raudh training from a company before joining our team We train them on everything, from Fair Housing laws to customer service skills. Furthermore, we provide excellent reference materials at each community, including a leasing rrairdng video, safety video~ Fair Housing CD KOM~ fair housing video, a~d the be~ manuals in the industry. We have four manuals that clearly define our policies and protocol for almost every situation, from new construction to operations. Al! of our fo~wn.s ~fe included in these manuals. In addkion, we have an excellent group of ~aL'xers at the corporate office who travel to each comanunity and provide continuous training and suppo~. Finally, every community has one employee who has been trebled on h~,w to uain newly hired staff. That person provides ~e on-sim training needs each community may have. 6363 ~,,X/oodvvay ~rive Suite i00O · Ho;~$ton. T~xas 77057 ,, lei [7!3) 570-0300 ,, Fax ¢7{3j 97/4806 EXHIBIT With th/s much training, oar ~afl'is well prepared to provide excellent custo~ler service and the highest quality of professional management. Because our manuals so clearly outline our policies, we are confident our sttaef can easily provide professional management practices. Moreover, we hay* an entire manual dedicated to our resident retention program, "SUI-I Cares." This program is our way of showing our residents that we care for them. We deliver birthday cards and balloons to our residents on their birthdays, we host social events once a month for residents to get m know one another, we distribute a monthly newsletter with informative articles, and we constantly provide residents the oppommity to give us feedback in the form of response cards. For example, after every maim~nance request~ the maintenance technician leaves a "Rate Your Maintenance" card in the apartment. This card is a self-addres~ed stamped card to the corporate circe that the resident ~ complete, telling us what type of service they received. The residents sm also given m 800 number to the corporate office they can call with any questions or comments. Our resident lease contract is extensive and our rules are thorough. This helps us maintain the community in a condkion we £md acceptable. We want to ensure that our community is just as beautiful ten years from now as it is the day it is buik. We enforce the lease contract and rules and have Guarantors co-sign the lease for additional eni'orcement. If you need a copy of the lease contract and apartment/community __,guidelines, I will be glad to provide you with one. In conclusion, Sterling University Management is a professional managemem company that prides itself in providing e~c¢!lent ~astomer sc~dce and high quality management services. It is with the utmost confidence that ! believe Sterling University Management wbll provide high quality professional management to our residents ~n Iowa City Thank you for your time and atmmion to this matter. Please feel free to contact me with any questions or oon¢¢rns. Sincerely~ l~,ebecca Mikolaj-Shirley Vice-Presidem, Stealing UniversLD' Housing 6353 Woodw~y DrlYe 5uil:~: 10O',) · H~uston. Texas 77057 , 7~i. 17 lB) 570-0300 - Fax (713) 97 ~-4806 X ltl X 'r I ~_ --I ~! ) EXHIBIT "G" ii: "'" July 9, 200t ~ Cit,~ O~¢~s. Gary Reed ~ Kirkham Michael Consulting Engineers 11021 Aurora Avenue Urbandale, IA 50322 Re: !6.8~¢~yry ~S'[~;+¢ lO ~.ma ..... east of Napoleon Park Dear Gary: Relative to the above-referenced site, there exists a 12-inch water main located adjacent to the east side of Gilbert Street, and, the South River Corridor interceptor sewer and the South Sycamore Trunk sewer, both Located east of Gilbert Street. These utilities are available to and have adequate capacity for the above-referenced development. If you have any questions, feel free to call me at 356-5142. Since rely, -, · ; Dennis S. Ga~inon~ P.E. Ass't City Engineer EXHIBIT August 28,200t Gary Reed Kirkham Michael Consulting Engineers 11021 Aurora Avenue Urbandale, IA 50322 Re: 16.8 acre site located east of Napoleon Park Dear Gary: You have informed me that the stormwater detention facility for the above- referenced site will be located in the southwest corner of the site adjacent to the east side of S. Gilbert Street. Since there are no storm sewers in the immediate area. the storm sewer draining the stormwater detention facility will be ~ermitted to outlet to the ditch located on the east side of S. Gilbe~ Street. If you have any questions, feel free to call me at 356-5142. Sincerely. ~,, ~,, Dennis S. Ga~6on, P.E. Ass't City Engineer Cc: Rick Fosse Marian Karr From: C. McGuire [cmcguire@dnsl.uiowa.edu] Sent: Friday, March 29, 2002 12:10 PM To: cou ncil@iowa-city.org Subject: apartment proposal Council members, I am writing to voice my opposition to the rezoning proposal to allow the high-density "student" apartment complex to be built on the IC South side adjacent to an already proposed new large residential housing project. A number of area residents are already involved in protesting the destruction of dunes in this area. While that is also of concern to me, my objections are on a more fundamental level. The South East side of Iowa City has been plaqued by problems resulting from the already existing high-density and subsidized housing in the greater Weatherby, Broadway, and Taylor areas. There has been much "concern" expressed by the city over these problems and how to handle them. Some council members seem intent on restricting Iowa City police activity to such an extent as to render effective enforcement in this area nearly impossible. Oh yes, everyone was very up in arms and concerned a few years ago when shootings took place in that area. Weatherby park was a convenient hangout for drugs, drinking and general carousing during the night. Law enforcement was intense for several months following, but has since returned to normal levels. The drug and alcohol use in the park at night has continued. Vandalism has also been a problem. There are a number of good, hard-working residents in these rental units, but there are also a large number of not-so-good residents who also tend to venture into surrounding areas. Yes, I would like to see more intense enforcement and police intervention for these residents. If it forces them to leave the Iowa City area because they feel "hassled" and are prevented from drug trafficing/use, harassing the other neighborhood residents and threatening the traditional quality environment for children in Iowa City, fine - I see that as a good thing. I've talked about the problems immediately North of Weatherby Park which includes a lot of high-density rental housing. In response to these types of problems and issues, a plan was enacted some years ago to restrict development of these types of units. Now the rhetoric I read in the paper from the council suggests abandoning that prior decision. Not only abandoning the plan, but actually considering building more of the same nearly on top of what is already a problem-plagued area. Why - I don't know. The impression many of us who live in the South East area come away with is that the council seems by and large removed from these problems. Rather than continually focusing on the Iowa City downtown, why not consider the businesses and residential areas that are removed from the downtown area. And I emphasize "residential" as owner-occupied. People and families who live in these neighborhoods for a longer haul and have a desire to better the community aspects. It seems development is inevitable, and the new residential housing subdivision plan South of and next to Weatherby will have a large impact on the "com/nunity" in the entire greater Weatherby area. Most of us were hoping for a "good" impact even though it means the loss of nice semi-rural scenery - a little peace and quiet in what is often a not-so-peaceful area. Those hopes are being challenged with the apparent support of the council of even more high-density rental units in the immediate area. Is it so hard for the council to appreciate and heed the lessons learned in the past with the Lakeside and Broadway area development? Those of us who live in the area would rather not be relegated to what is already often considered the armpit of Iowa City. The Iowa City Planning and Zoning people have already recommended against this plan. I encourage the council to heed this sound advice. Thank you. Charlie McGuire 1512 Tracy LN Iowa City Steve Atkins From: Andy Rocca Sent: Friday, March 29, 2002 4:59 PM To: Steve Atkins Cc: Roger Jensen Subject: Sterling Housing-S. Gilbert St. Recently, I spoke with Deputy Chiefs Russ Scott and Paul Sanduval of the Ames Fire Department regarding their local response history to Sterling Housing. They indicated that an intense educational program was delivered to the residents at the complex and false calls have been significantly reduced. Additionally, they have installed tamper-proof fire alarm pull stations. These pull stations require an individual to lift a cover that emits an ear-piercing audible signal before the pull station can be used to activate the fire alarm system. Deputy Chief Scott believes these devices have also contributed to reduced false fire alarms at the complex. Prior to taking these measures they experienced 36 false fire alarms in a six- month period. After implementation of these measures they reported two responses: one for frozen water pipes, and one for burnt food. Deputy Chief Scott further stated that mild weather conditions may have an affect on future false fire alarms. It appears that educating the residents of the complex and the installation of tamper-proof pull stations have resulted in a reduction of false fire alarms. I believe the Sterling Housing proposal, if constructed in accordance with our locally adopted zoning requirements and building/fire codes, is acceptable. Be advised that my response is one-dimensional, from a fire/EMS emergency service delivery perspective. Additional input should be considered by the City Council prior to the approval of the proposed housing development. I have also shared this information with Mayor Lehman. Do not hesitate to contact me should you have any questions. Andy Rocca Fire Chief MEMORANDUM Toz Steve Atkins From: Capt. Matt Johnson cc: Chief RJ Winkelhake -- Re: Follow up to memo of March 1, 2002 Sterling University Housing Date: March 29, 2002 This memo is a follow up to my eadier memo of March 1, 2002 regarding police calls for service at Sterling University housing developments. Specifically, this memo relates to the Sterling University Plains development at Iowa State University in Ames, la. In discussions with the Ames Police Department Community Resource officer, I was advised that, due to a change of management and management responsibilities at the development and their closer interaction with the police department and others, that officer believes that conditions at Sterling University Plains are improving. ATTORNEYS AT LAW 402 S LINN STREET DANIEL L. BRAY* IOWA CITY, IOWA 52~40 TELEPHONE March 29, 2002 ~C) ;=' City Council Members ,:~ ~ --, 410 E. Washington St. ~ -- Iowa City, Iowa 52240 ~ Dear Council Members: I am a long-term resident of the Pepperwood neighborhood and am on the steering committee for the Concerned Citizens for Sand Prairie Preservation. I am writing concerning an agenda item that will be addressed at the April 2, 2002, Iowa City council meeting. As you are aware, the proposed rezoning for the apartment complex which Southgate Development is requesting be built in the southern part of Iowa City deviates substantially from the South District Plan previously approved by the Iowa City Council. Myself and my neighbors put substantial amounts of time into developing the South District Plan. When a similar kind of issue came up in the Weeber-Harloke neighborhood, it was Council's position that the plan was binding and should not be altered excepted for good reason. It appears to me that a completely different standard is being used for Southgate's current proposed apartment complex. Our group has previously provided the Iowa City Council and staff with a packet of information which shows, without question, that part of this apartment complex intrudes on environmentally sensitive land. Not only is this particular area a habitat for a threatened specie, it is a unique geological formation that is also habitat for many native prairie species. This land should qualify to be placed on the Iowa City Sensitive Areas Map, but as of this date has not yet been designated an "environmentally sensitive area." Our group is in the process of exploring whether or not it would be possible to purchase and/or acquire some of the land in question to be set aside as park or green space. Obviously, if you go ahead and rezone this area as requested by Southgate now, we will lose that opportunity forever. It should be clear to Council that more information needs to be gathered before such rezoning is *FELLOW OF THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS +MEMBER OF THE AMERICAN ACADEMY OF ADOPTION LAWYERS City Council Members March 29, 2002 Page 2 approved. Along with the other issues already raised by the City staff, including concerns regarding traffic, fire protection, and police protection, the environmental issues in this area of town are enormous. I would remind City Council that the City of Iowa City has been contacted by the Iowa Department of Natural Resources and that that State agency has requested the City not to proceed with any rezoning or building permits until all of the environmental issues have been resolved. The proposed apartment complex clearly encroaches onto the sand prairie remnant. Iowa City Council should not proceed at this time to allow this rezoning until all environmental issues have been fully explored and satisfied by the Department of Natural Resources. It would be precipitous to go ahead with the rezoning at this time and risk potential legal action from the State if the rezoning is allowed before the DNR issues are fully explored. At some point in time it may be appropriate for the rezoning in this area to be approved. However, I strongly urge the Iowa City Council to not approve the rezoning until the environmental issues that I have addressed above have been fully explored and addressed. Very truly yours, Lori L. Klockau LLK:jl 3-29-02 -- GREATER IOWA CITY APARTMENT ASSOCIATION $00 2r~n Street, Suite 500 Coralville, Iowa 52341 April 1, 2002 Iowa City City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Council Members, We as landlords have concerns about the overbuilding of new apartment complexes in the Iowa City area. We have the highest vacancy rate that we have had in ten years. We think that we can conservatively say that we are at a 5 - 7% vacancy rate because of the overbuilding and the small increase of students in the past seven to eight years. We would appreciate it if you would take this into consideration. If you think that a meeting with any of the council members would be beneficial please let us know. Sincerely, Anne Vespa, President Ted Chambers, Secretary/Treasurer Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ02-00001) AN ORDINANCE TO CONDITIONALLY REZONE APPROXIMATELY 5.45 ACRES LOCATED AT THE NORTHWEST CORNER OF ROHRET ROAD AND PHOENIX DRIVE FROM RURAL RESIDENTIAL, RR-1, TO LOW DENSITY SINGEE FAMILY RESIDENTIAL, RS-5. WHEREAS, the applicant, Kevin Hanick, has requested a zone change from Rural Residential, RR-1, to Low Density Single Family Residential, RS-5, for 5.45 acres located at the northwest corner of Rohret Road and Phoenix Drive. WHEREAS, the proposed rezoning conforms to the land use map of the Iowa City Comprehensive Plan; and WHEREAS, the proposed rezoning is located adjacent to an existing Low Density Single Family, RS-5, zone; and WHEREAS, city sewer is available to the property located at the northwest corner of Rohret Road and Phoenix Drive; 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 directly caused by the requested change; and WHEREAS, the applicant acknowledges that certain such conditions relating to sanitary sewer easements and limitation on curb cuts to Rohret Road are reasonable; and WHEREAS, the applicant and all owners of the subject property have agreed to use this property in accordance with the terms and conditions of a conditional zoning agreement to address the above referenced issues; and WHEREAS, at its March 7, 2002 meeting, the Planning and Zoning Commission recommended approval of the proposed rezoning, subject to a Conditional Zoning Agreement regarding the provision of sanitary sewer easements and limitation on curb cuts to Rohret Road; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. 1.The property described below is hereby reclassified from its present classification of Rural Residential, RR-1, to Low Density Single Family Residential, R8-5. Beginning at the Northwest Corner of Lot 5 of Southwest Estates Subdivision - Part Two, in accordance with the Plat thereof Recorded in Plat Book 28 at Page 42 of the Records of the ,Johnson County Recorder's Office; Thence 888°47'06"E, along the North Line of said Lot 5, and the North Line of "Eicher'$ Farmhouse Property", in accordance with the Plat thereof Recorded in Plat Book 18, at Page 82, of the Records of the ,Johnson County Recorder's Office, 407.48 feet, to a Point on the West Line of Lot 4, of 8outhwest Estates Subdivision, in accordance with the Plat thereof Record in Plat Book 26, at Page 52, of the Records of the Johnson County Recorder'$ Office; Thence N08°45't4"E, along said West Line, $8.$1 feet; Thence N01°l$'14"E, along said West Line, 80.§1 feet, to the Southwest Corner of Lot 6 of said Southwest Estates Subdivision - Part Two; Thence N12°4g'23"W, along the West Line of said Lot 5, a distance of 212.?$ feet, to the Northwest Corner thereof; Thence Nodheasterly, 127.63 feet, along the North Line of said Lot 6 on a 325.00 foot radius curve, concave Southeasterly, whose 'i25.81 foot chord bears N77°55'$5"E; Thence NSg°10'$6"E, along said North Line, 82.05 feet; Thence Southeasterly, 2@91 feet, along said North Line on a 20.00 foot radius curve, concave Southwesterly, whose 27.20 foot chord bears S47°58'41"F; Thence Southeasterly, 167.3g feet, along the East Line of said Lot 6, on a 578.82 foot radius curve, concave Northeasterly, whose 165.81 foot chord bears S13°25'06"E, to the Southeast Corner thereof, end the Northeast Corner of Lot 3 of said Southwest Estates Subdivision; Thence S2t °42'11"E, along the East Line of said Lot 3, a distance of 276.67 feet; Thence Southwesterly, 23.56 feet, along said Easterly Line, on a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S23°17'49'~A/; Thence S68°17'49"W, along the South Line of Lots 3 and 4 of said Southwest Estates Subdivision, the south Line of said "Eicher's Farmhouse Property", and the South Line of Lot 5 of said Southwest Estates Subdivision - Part Two, a distance of 633.66 feet, to the Southwest Corner, of said Lot 5; Thence N21°42'11'~N, along the West Line of said Lot 5, a distance of 372.93 feet, to the Point of Beginning. Said Rezoning Parcel contains 5.45 acres, more or less, and is 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. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and City Clerk to attest, the conditional zoning agreement between the property owners and the City. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, and after execution of the conditional zoning agreement, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the conditional zoning agreement and to record the same at the office of the County Recorder of Johnson County, Iowa, at the applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,2002. MAYOR ATTEST: CITY CLERK City~,~ttorney's Office STAFF REPORT To: Joint Staff Prepared by: Shelley McCafferty Item: REZ02-00001 Date: February 23, 2002 GENERAL INFORMATION: Applicant: Kevin Hanick 4130 Rohret Road Iowa City, IA 52240 351-8811 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City, IA 52240 351-8282 Requested Action: Rezoning from (RR-1) to Low Density Single Family Residential (RS-5) Purpose: To allow subdivision of rural residential lots Location: Corner of Rohret Road and Phoenix Drive Size: 5.45 acres Existing Land Use and Zoning: Single-family residential & institutional, RR-1, IDRS Surrounding Land Use and Zoning: North: RR-1, Single Family Residential South: County, Single Family Residential East: RS-5, Low Density Single Family Residential West: RR-1, IDRS Comprehensive Plan: 2-8 dwelling units per acre File Date: January 31, 2002 45 Day Limitation Period: March 17, 2002 BACKGROUND INFORMATION: The applicant, Kevin Hanick, has requested the rezoning of 5.45 acres located at the northwest corner of the intersection of Rohret Road and Phoenix Drive and includes lots 3, 4, 5 and 6 of Southwest Estates Subdivision Parts One and Two, and the Eicher house property. The property is currently zoned Rural Residential (RR-1) and a small portion of lot 5 is Interim Development Single Family Residential (ID-RS). The current use of the property is single family residential and institutional. A church is located on lot 3 of the subdivision and lots 4, 5 and 6 are undeveloped. The older brick house on the Eicher property is located between lots 4 and 5. 2 ANALYSIS: Compliance with Comprehensive Plan: The Southwest District Plan has not been completed, therefore there is not a specific recommendation for land use in this location. More generally, the Comprehensive Plan Land Use Map indicates 2 to 8 dwelling units per acre for this property. Staff feels that this rezoning is in compliance with the Comprehensive Plan. Neighborhood Compatibility: The neighborhood is composed primarily of Iow-density single- family dwellings and larger rural residential lots. The RS-5 lots are located on the east side of Phoenix Drive. The rural residential lots are located adjacent to this property to the north and west. It is likely that lot 3 will not be further developed in the foreseeable future because a church exists at this location. Future subdivision of lots 4, 5, 6 and the house lot could potentially result in 6 to 12 Iow-density single-family lots. Staff feels that this would be compatible with the neighborhood because it would result in the same pattern of development on both the east and west sides of Phoenix Drive. Moreover, staff feels that zoning transitions should occur at rear property lines, which is where the transition between the rural residential lots and the proposed RS-5 lots would occur. Traffic implications: Staff feels that there are no significant traffic implications that would occur as a result of this rezoning. There is currently a curb cut on lot 5 and one on the lot with the house. These cuts provide access to Rohret Road. Although Rohret Road is classified as an arterial street, currently traffic in this area is more rural in nature. However, when Highway 965 is extended, staff feels that there will be a significant increase in traffic on Rohret Road and the quantity of traffic will be more typical of arterial streets. Therefore, as a condition of rezoning, staff recommends that access to lot 5 and the house lot be restricted to the existing curb cuts at Rohret Road and future access to lot 4 must be provided from Phoenix Drive. If lot 4 is developed, it would be necessary for the owner of lot 3 to grant an access easement through lot 3. In addition, a 40-foot setback from Rohret Road will be required because it is an arterial street. Sanity Sewer: This property had previously been platted with large lots in order to accommodate septic systems. Sanitary sewer is currently available to lots 5, 6 and the house lot. As a condition of rezoning, staff recommends that a sewer easement be provided along the west and south property line of lot 6 in order to provide future sewer access to lots 3 and 4. STAFF RECOMMENDATION: Staff recommends that REZ02-00001, an application from Kevin Hanick for a rezoning from Rural Residential (RR-1) and Interim Development Single Family Residential (ID-RS) to Low Density Single Family Residential (RS-5) on 5.45 acres located at the northwest corner of Rohret Road and Phoenix Drive, be approved subject to a Conditional Zoning Agreement requiring a sewer easement along the west and south property line of lot 6 to provide future sewer access to lots 3 and 4, and that no additional curb cuts will be constructed on the Rohret Road frontage. Approved by: ~ :~,~¢:~,/~z','~ Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF I0~ CITY PARK RS 5 DUCK RS 5 P^sa DR SCHOOL FIR 1 PDH CITY OF ROHRET COURT IDRS SITE LOCATION: Corner of Rohret Rd. & Phoenix Dr. REZ02-00001 11. In the last 10 years virtually all the land to the north and east of the land proposed for zoning changes have been developed as RS-5 with additional uses for schools and religious institutions. The subject properties all lie along Rohret Road, an arterial that has been substantially improved over the last 5-10 years. The RS-5 zoning would allow the possible subdivision of existing roral residential lots into more conventional RS-5 low-density lots, more in keeping with other development nearby. Contrary to the stated "intent" of the RR1 zone, this area even now has "utilities necessary for urban development" suggesting a character more in keeping with a RS-5 neighborhood than a RR-1 rural, farmstead area. Fl! ED 22~2 J~!! 3,1 A~ilI: 39 -- ~ ~ Jl a~ LOT 5 AND 6 OF SOUTHWEST ~STATES SUBDi~SION, g ? ~ ~ ,~ ~ -~,~.~ ~,~,,o~ ~o,~,~. ,~ ,=~o,~,~ ~ ~l~ x,,~ LOCATION MAP N.T.S. PROPOSED REZONING PARCEL ~-~ FROM RR1 TO RS5 JAlq 3 2002 237,305 sqft 5.45 ~cres 3234009 City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty DATE: March 1,2002 RE: REZ02-00001, Southwest Estates Covenant At your February 21 meeting, the Planning and Zoning Commission requested information regarding the protective covenants and restrictions for the Southwest Estate Subdivision, where REZ02-00001 is located. According to the covenants, Lots 3, 4, and 6 are to be used for church purposes. No lots within the subdivision may be further subdivided without the written permission of at least two-thirds of the owners of lots. However, the lot that contains the brick Eicher house was excluded from the subdivision, and is therefore is not subject to these covenants. It appears that rezoning of the lots in questions does not violate the protective covenants of Southwest Estates Pads One and Two. AHENDED pROTECTIVE COVENANTS AND RESTRTCTTONS 8B JUN. I:5 AX 8~ 2E SOU~ST ESTATES SUBDZVTSIONS, PART ~ KNO# .ALL 'HEN BY THESE pRESENTS= JlHHSllq'ee:~lSWA Seville Corporat~on~ the devqloper and th~ owrler of !ors 5, 7, 8, 9, 10, 11~ 12~ .13, 14,' 16, 16~ a~d 17'tn the addltlon to Iowa C!.ty, ~.XOwa~ k~wn as Southwest Estates Subdivision, Part Two, the dedlcatlOp .of' wht'ch, tl recorded tn Book;875, pages 307 et. seq.~ tn the Offtce of 'the County::Recorder of .Johnson County, Iowa, for the mutual 'beneftt of those 'parsons who.lnay'purchase any of the lots tn Southwest Estates hereby'~4~po'ses ~he t'ol'low!ng covenants and res'trtcttons on each lo.t mentioned herein, whtch covenants alnd restrictions'shall be. btndlng upon all the present and future owners of each 'and every parcel mentioned 'herein', as covenants' runnlng wtth the !and :wtth the same force and effect as..lf contained .In each' subsequent' conveyance of land: ' Sevtl~e Corporation hereb~ ratlfles and reaffirms' the protective Covenants and restrictions 'for Southwest Estates Subdivision, Part One and Two as recorded tn Book 884, pages.238 et. seq., In the Offtce of the County Recorder at Johnson County, Iowa, with the exception'of the covenants specified In Sectton 3 and Sectton 5 pertaining to the lots herelnabove mentioned. S~ictton 3.. Construction of a home s'hall couinence wlthtn (~) one year after conveyance o~ Tttle. Construction sha~l, be completed wtth!n (1) one year from the da~e that satd construction ts begun', except where completion ts rendered Impossible by reason of ftre, reasonably unanticipated adverse weather conditions, or other reasonably unforeseen contingencies. :Section 5~ No dvmlltng erected on subdivision Part Two, Lots 5,-.'7', 8, 9, lO,"l'Z,"t2,'z3, :X4, 15, 16, and 17 tnclusTT/e, shall have a 11vtng area of less than 2,600 square feet. A mlntmom of a two car garage wt11' be' required. No carports or detached buildings wtll be permitted. No satteltte dishes wtll be perm1 trod. th s , g88. ~ SEVILLE CORPORATION STATE OF IOI~A I ~si; · : " JOHNSONI '"" .' ' day* .On thts , 19~ before ma, tho und~-rs19n ....... ;-~ '-- . n.r~nnallv annaarad Frank J. Etcher,' PROTECTIVE CpVENANTS AND RES~~ SOUT..EST ESTATES SUSDIVISXONS, P TS ONq JOHH$~H C~.. K~O, AL~ MEN B~ TUSSE p~SENTS~ Seville Cor~ration~ t~e developer-and the owner of all the lots In ~he additiona to Iowa City~ Iowa, 'kn~n. as.South- west Estates Su~ivision, Part One and Southwest Estates Subdi- vision, Part ~o~ the dedications of which are recorded respec, tively in Book'762, p.age8"100 et. seq., and Book'8]5, pages 30? .et. seq.~ in the O[f~oe of the.County Recorder of Johnson Coun- ty; Iowa, for the mutual benefit of.those persons who may pur- chase any of the lots in Southwest Estates Subdiv~sions, now owned by Sev~11~ Co~ora~ion he=eby imposes the following cove- nOn[~ and restrictions on each lot In sa~d subdiv~sion, which' covenants and restrictions shall be binding upon 811 the pre- sent and future owners of each and every parcel of ground in said 'subdivision as covenants ~nning w~th the land with' the same force and effect as ~f contained in each subse~ent con- veyanc~ of land~ 1. Ak1 lots ~n tho 8u~v~s~on shall be use. solely for residential purposes except lots which may be conv:ied to the City'of Iowa City fbr pa=k purposes and exoept for L~o 3, 4 and 6, which may be used for church pu~oseu~ Ail other lots ~shall contain no more than one (1) 8~ngle f~ily residence a~ a one~ two or three car garage. 2. None of ~e lots shall be resu~vid~ except with the written pe~ission of Seville Corporation or its successors or assignst/~Perm~ssion will be granted only ~f the resubdivision would not de,Fact from the aesthetic development of the entire subd~vlslon. ~onstruct~on of any structure shall be o~pleted with- ~n on~'(1 year'/from the date that.sa~d const~ction Is begun, except where completion lo rendered ~m~ssible ~y reason of fire, reasonably unan~ictpated adverse weather c0ndit~ons, or other reasonably un[oreseen cont~ngenuies. .4. The owner of any bu~l~ng d~aged by fire or any other unforeseen contingency shall within ninety (~0) days co~ence restoration or =emoval of said building and work shall be com- pleted w~hin one (1).year. In ~e event si total dest~ction of any bui~ding, the o~er shall within one (1) year after Such event co,enos to remove the debris and restore the si~e' to satisfactory condition. 5. No dwelling ereoted on su~ivision Part One, Lots 1 and ~, shall have a ground floor ~are foot l~ving area of less than 1,400 s~are feet, in the case of a one story struc- ture, nor less ~an 900 s~are feet, in the case of a two story ~'structure. No dwelling erected on s~di~sion Part ~, Lots - . . ~ ~A ~ ~o -~ ~a. 1~_ I~ nnd 17'inclusive. shall covenants and restrictions shall be binding upon all the pre- sent and future owners of each and every parcel of ground in said 'subdivision as covenants ~unning with the land with the same force an~ effect as if contained in each subsequent con- veyahc~ of land~ 1. A~i lots in the subdivision shall be use~ solely for residential purposes except lots which'may be conv~ed to the City'of Iowa City /bt park purposes and except for Lots 3, 4 and 6, which may be used for church purposes; Ali other lots ~shall contain no ~ore than one (1! single family residence and · a one, two or three car garage. 2, None of the lots shall be resubdivided except with the written pe~mission of Seville Corporation or its successors or assigns?iPermission will be granted only if the rasubdivision would not detract from the aesthetic development of the entire subdivision. .. ~. Construction of any structure shall be completed with- in on~ (1)year.'from the data that.said construction is begun, except where completion is rendered impossible ~y reason of fire, reasonably unanticipated adverse weather conditions, or other reasonably unforeseen contingencies. .4; ~he owner of any bull~tng damaged by fire or any other unforeseen contingency shall within ninety (90) days commence restor~tion or removal of said building and work shall be com- pleted within one (11 year. In the event of total destruction of any building, the owner shall within one (1) year after such eVent commence to remove the d~bris and restore the site' to satisfactory condition. 5, No dwelling erected on su.b~ivision Par~ One, Lots 1 and ~, shall have a ground floor square foot living area of_ less than 1,400 square feet, in the case of a one story struc tuts, nor less than 900 square ·feet, in the case of a two story ~structure. No dwelling erected on subdi~ision Part Two, Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17'inclusive, shall have a ground floor square foot living area of less than 1,500 square feet~ in the case of a one story struotgre, nor less than 960 square-feet in the case of a two story structure. Split foyer, bi-level and one and one-half story residences shall be consider.ed one story structures for th~ purpose of these restrictions. Garages and breezeways shall not bein- ., eluded in the ground floor living area. All one,story residen~ rial structures shall have a minimum living area·of 1,400 square feet or 1,500 square feet and all. two story residential structures shall have a minimu~ living area of 1,800 .square feet, or 1,920 square feet, relative to the particular lot con- structed upon as previously described in this paragraph. 6~ Prior to constru~tion of any building on any lot in the subdivision~ the lo( owner shall submit the plans, speci- fications a~d a plot plan for the proposed';struoture to Seville Corporation, its successor or assignee, for approval. Approval ~ill be g!ven'i£ the proposed building and.plot"pla~ ~ill be in Jharmony ~tth'existing 'structures in th~ 'subdiVisibn',.'it'being. /~ }~,in-tent o£ Seville Corporation to permit construction that / ;' ~lllenhance the aesthetics of the subdivi~ion !a~d.'t~ maintain mF No'tempora~y at~ctu~es shall be ~E~cte~. o~ ~ny. lot ''i' ', nor shall;'anyt~tng.be done t~,e~eonwhioh ~ay be or · '.i',.~y., 8. ~o noxlou~ Or ~o££e~sive trade shall e:c~'r ed'° u on ..become an annoyance Or nU~Sancb tO 'the~neighborhg~d~'.' .I'. " 9. The titleholder 0£ each lot~ vacant O~ improve~!.shall ~ "k~ep his lot or'iota ~ee'[o£ ~eeds and debris.! .1 ~[i:i}':.=/ .... . · . ..: . · . . .. ii: :'.: .' . .. 10. NO animala~ llvestoc~ or poultr~ shall ~e raised with- in the subdivisi~n except £or common hoUSehold pets ~rovided that the same ~re not kept Or maintained£0r commercial pur~ · ;poses." Pets'shall be managed ac they do'not 'inter,ere $ith the quiet enjoyment of property by other lots owners. : 11. ~o act constituting a nuisance as de£ined in chapter " '~57~t the Coda o£ Io~a or the common law ~ Iowa shall be per- mitted. 12. Each lo~ owner shall be responsible Eor.maintai~ing the lot so as to minimize erosion in and around.the'lot. " 13. Notor vehicles used by residents shall be parked in areas designated in the building plans as parking areas.' ~11 parking areas shall be hard sur£aced and no parking area shall .be predominan[~y constructed cE lo, se rocks, stones, gravel, or sim~l~r looae sur£aoed 'materials. No motor vehicle shall be parked in any manner or at any time ac as to interfere ~ith the flow-,o£ tra~£ic... Recreational vehicles, including campers~ trailers and boats shall be stored ~ithin a garage or at such other place ~here such items are not visible ~rom the street, except during the months of Nay through September ct each year. [~, I~ any party attempts to violate o~ violates any of the covenants or restrictions herein befo~a, twenty-one years, it shall be la~ful for, and the exclusive right of any other lot owner in ~he subdivision to' institute proceedings at law or in equity to prevent the'violation of any ~ovenant or to recover any damages ~or such violation. 15. These covenants are to run with the land and shall, be' binding upon all the parties and all persons claiming under them and upo~ the end of the initial twenty-one (2i)' year peri- od shall be automatically extended for successive periods of ten (10) years unless by a voted.of the majority of the then. ~; .owners of t~ lots l~ iS agreed to change the ~covenants in[ 10, No animals, livestock or poultry shall ~e raised with- 'in the subdivision except for co, aeon household 'pets ~rovided tha~ the same are not kept or maintainedfor eom~ercial pur, .poses~" Pets' shall be managed ac they do'not interfere'filth the quiet enjoyment'of'propeFtY by other lots owners. 11. No act constituting a nuisance as defined ~n chapter 6§7-.~f the Cod~ of Iowa ~r the common law 9f Iowa shall be per- mitted, 12. Each lot owner-shall.be responsible for.maintaining the lot so as to minimize erosion in and a=ound..the':lot. 13, Motor vehicles used by residents shall be parked in areas designated in the building plans as parking areas. All parking areas shall be hard surfaced and no park£ng area shall .be ~redominantly constructed of loose rocks, stones, gravel,.or sim~l~r loose-surfaced materials. · No motor vehicle shall be parked in any manner or at any time so as to interfere with the flow'.of traffic. : Recreational vehicles, including campers, trailers and boats shall be stored within a garage or at such other place where such items are not visible from the street, except during the months of May through September of each year. ~l. If any party attempts to violate or'violates any of the covenants or restrictions herein before, twenty-one (21) years, it shall be lawful for, and the exclusive right of any other lot owner i~ the subdivision to' institute proceedings at law or in equity to prevent the'violation of any 9ovenant or to recover any damages for such violation. 15. These covenants are to run with the land and shall be- binding upon all the parties and all persons claiming under them and upon the'end of the initial twenty,one (2[) year peri- ' od shall be automaticallyex[ended for successive periods of ten (10) years unless by a votet'of the majority of the then. .owners of the lots it is agreed to change tha~covenants in.' ~ '¢ whole or part. During the initial twenty-one year period the ..., protective covenants and:restrictions herein may be amen~ed~by a vote of two-thirds of the lots owners. 16. Invalidation of any one or more of these'covenants by judgment or court, order shall not affect any of the other pro- visions which shall remain in fuI1 force and effect'.. ~ATE~ this 2nd,d~y of September, 1986. SEVILLE coRPoRATION Frank J... ~her} President As the property owner of lots 3, 4 & 6, Southwest Estates Subdivision, I am aware of and support the proposed rezoning of my property and the adjacent properties from RR1 (Rural Residential) to RS5 (Low-density single family residential). I further understand that existing covenants for Southwest Estates subdivision, which apply to my property will remain in force. Prepared by: Shelley McCaffedy, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the .City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Kevin Hanick, Mark A. Signs, and the Iowa Korean Methodist Church (hereinafter "Owners"). WHEREAS, Owners have requested the City rezone approximately 5.45 acres located at the northwest corner of Rohret Road and Phoenix Drive from RR-1, Rural Residential, to RS-5, Low Density Single Family Residential; and WHEREAS, the proposed rezoning is located adjacent to an existing Low Density Single Family, RS-5, zone; and WHEREAS, City sanitary sewer is available to the propedies located at the nodhwest corner of Rohret Road and Phoenix Drive; 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 directly caused by the requested zoning change; and WHEREAS, the City has a policy to minimize the number of private drives and curb cuts that directly access arterial streets; and WHEREAS, the City intends to ensure the availability of sanitary sewer to all properties subject to this rezoning; and WHEREAS, Owners acknowledge that certain conditions relating to restriction of access to Rohret Road and sanitary sewer access are reasonable in connection with the requested zoning change; and WHEREAS, Owners have agreed to use this property in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above referenced issues. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: Kevin Hanick Conditional Zoning Agreement Page 2 1. Kevin Hanick, is the owner and legal title holder of property located at 4130 Rohret Road, more padicularly described as follows: Auditor's Parcel 2001-122 and Auditor's Pa~'cel 2001~123, to Iowa City, Johnson County, Iowa, in accordance with the plat thereof, records of the Johnson 2. Mark A. Signs, is the owner and legal title holder of property located at 4146 Rohret Road, more particularly described as follows: Lot 5, Southwest Estates Subdivision, Part Two, Iowa City, Iowa, in accordance with the plat recorded in Plat Book 28, at page 42, of the records of the Johnson County Recorder's Office. 3. The Iowa Korean Methodist Church, is the owner and legal title holder of property located at 4032 Rohret Road including Lots 3, 4 and 6 of the Southwest Estates Subdivision Pad 1 & 2, more particularly described as follows: Lot 3 and Lot 4, Southwest Estates Subdivision, Part One, Iowa City, Iowa, in accordance with the plat recorded in Plat Book 26, at page 52, of the records of the Johnson County Recorder's Office. Lot 6, Southwest Estates Subdivision, Part Two, Iowa City, Iowa, in accordance with the plat recorded in Plat Book 28, at page 42, of the records of the Johnson County Recorder's Office 4. Owners acknowledge that the City's policy concerning driveway entrances on arterial streets governs this rezoning request and further acknowledge the need to ensure the availability of sanitary sewer to all properties subject to this rezoning, and therefore, agree certain conditions over and above City regulations may be imposed in order to address said issues. 5. In consideration of the City's rezoning the subject property from RR-1 to RS-5, Owners agree that the use and development of the subject property will conform to all of the requirements of the RS- 5 zone, as applicable, as well as the following conditions: a. The driveways on the lot at 4146 Rohret Road, also known as Lot'5 of Southwest Estates Subdivision Part 2, and the lot located at 4130 Rohret Road, also known as Eicher's Farmhouse property, shall be permitted, however there shall be no additional driveways accessing Rohret Road from the above lots or Lots 3 & 4 of Southwest Estates Subdivision Part 1. b. Future vehicular access to Lot 4 of Southwest Estates Subdivision Part 1 shall be provided from Phoenix Drive via Lot 3 of Southwest Estates Subdivision Pad 1. Kevin Hanick Conditional Zoning Agreement Page 3 c. A sewer easement shall be granted to City without compensation, along the west and south property line of Lot 6 of Southwest Estates Subdivision Part 2, according to specifications approved by the City Engineer, to provide access to City sewer to Lots 3 & 4 of Southwest Estates Subdivision Part 1. 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. Owners acknowledge that in the event that any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development or redevelopment will conform with the terms of this conditional zoning agreement regardless of whether recited in any subsequent transfer documents. 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. Owners acknowledge 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. Dated this day of ,2002. Kevin Hanick Conditional Zoning Agreement Page 4 OWNERS: CITY OF IOWA CITY KEVIN HANICK Ernest W. Lehman, Mayor , Attest: MARK',~ SIGNS g~' Marian K. KarT, City Clerk Approved by: IOWA KOREAN METHODIST CHURCH BY: C/%¢~'}'~ 'T"Fu~f~¢ (Title) .~/:7~--~/'~-~ City ,~,~o~""Office STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this / CF- day of .,~L/p/, / __. 2002, before me, a Notary Public in and for the State of Iowa, personally appeared Kevi~-'"~e, kno~vrl'~to be the person who executed the foregoing instrument and acknowled~as his voluntary(,a..'~d deed. ~[c~+~"I Nota~ Pu~,ic~ and for the State of Iow~ '- STATE OF IOWA ) COUNTY OF JOHNSON ) On this / ~ ~ day of ~f' / ,2002, before me, a Nota~ Public in and for the State of Iowa, personally appeared Ma~~me known to be the person ~xecuted the foregoing instrument and acknowledge "~ the same as his volunta act ed. I~1 s~&8~n I ~a~ in aad for the State of Iowa ' ~ - ~ ~-~lComm[s~ N~r 1~24Sl Kevin Hanick Conditional Zoning Agreement Page 5 STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /~'r- day of ~,/~r; /. ,'2002, before the undersigned, a Notary Public in and for the State of iowa, persona y appeared ~l~//4. /g',',,.. , to me personally known, who, being by me duly sworn, did say that he is the 4 ~/,~.,,,~ ,~ of said corporation executing the within and foregoing instrument to which this is affached, that said instrument was signed on behalf of said corporation by authority of its Board of Directors or Trustees; and that the said ~ ~ ~; r ~ 4 ~ as s~icer ackno~ed the executions of said instrument to be the volunta~ act and deed of ~ ~~m volun~ I , and for the St te ' STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this day of , 2002, 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 of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 2002, and that Ernest W. Lehman and Marian 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: Shered/PCDIshelleylREZO14~OO21~utohauslREZO14~X)O21c~a doc Prepared by: Bob Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ZONING, ARTICLE E, "COMMERCIAL AND BUSINESS ZONES", SECTION 2, NEIGHBORHOOD AND COMMERCIAL ZONE, TO BROADEN THE USES ALLOWED AND TO REVISE THE DIMENSIONAL REQUIREMENTS AND DESIGN PROVISIONS. WHEREAS, the City is reviewing the Zoning Code and updating it where necessary to conform to the policies of the Comprehensive Plan; and WHEREAS, the Planning & Zoning Commission has recommended amendments to the Neighborhood Commercial (CN-1) Zone to reflect the policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL Chapter 6, entitled "Zoning", Article E entitled "Commercial and Business Zones" Section II, entitled "Neighborhood Commemial Zone" be amended as follows: 14-6E-2 be rescinded and replaced with the following: 14-6E-2. Neighborhood Commercial Zone (CN-1) A. Intent 1. The Neighborhood Commercial Zone (CN-1) is primarily intended to a. promote a unified grouping of small-scale retail sales and personal service uses in a neighborhood shopping center; b. encourage neighborhood shopping centers that are conveniently located and that primarily serve nearby residential neighborhoods; c. promote pedestrian-oriented development at an intensity level that is compatible with surrounding residential areas; and d. promote principles of site design, building articulation, scale and proportion that are typical of traditional main street design. 2. Allowed uses are restricted in size to promote smaller, neighborhood-serving businesses and to limit adverse impacts on nearby residential areas. 3. CN-1 Zones are intended to be applied and developed in a manner that is consistent with the Comprehensive Plan, and generally located at the intersection of arterial streets. (Ord. 94-3626, 6-14-1994) B. Permitted Uses 1. Financial institutions, branch offices. ;Z. U.S. postal stations. Provisional Uses 1. Retail or Personal Service uses limited to 2,400 square feet of gross floor area per business establishment, except as otherwise expressly listed in the provisional uses and special exceptions provisions of this section. (Ord. 97-3803, 9-9-1997) 2. Dwellings located above the ground floor of another principal use permitted in this Zone, provided the density does not exceed one dwelling unit per one thousand ei9ht hundred (1,800) square feet of lot area. A maximum of one roomer may reside in each dwelling unit. Childcare centers and adult day care, subject to the requirements of Article L of this Chapter. (Ord. 97-3773, 2-3-1997) 4. Drug stores, provided that such uses shall not exceed 15,000 square feet of gross floor area. 5. Hardware stores, provided that such uses shall not exceed 15,000 square feet of gross floor area. Ordinance No. Page 2 6. Grocery stores, including specialty foods such as bakery and delicatessen goods, provided the floor area of a grocery store shall not exceed thirty thousand (30,000) square feet. 7. Neighborhood super store. A grocery store which includes departments for goods and services permitted in the CN-1 Zone and is greater than thirty thousand (30,000) square feet but no more than forty thousand (40,000) square feet. Floor area over thirty thousand (30~000) square feet shall be departmentalized for nonfood products and services. 8. Offices, provided that an office establishment shall not exceed 2,400 square feet of gross floor area on the ground floor or 5,000 square feet of total gross floor area.. 9. Restaurants, provided the occupancy Icad does not exceed one hundred (100) for any one restaurant and provided that no drive-though windows or drive-through lanes are allowed. 10. Utility substation facilities within existing buildings, provided the substation facility is completely enclosed and there is no indication from the exterior of the building of the substation facility, and the principal use of the building is a use permitted in this Zone. (Ord. 99-3909, 11-9-1999) D, Special Exceptions 1. Up to three (3) drive-through lanes associated with a financial institution, and/er one drive-through lane associated with a pharmacy, subject to the requirements of Article L of this Chapter. (Ord. 99-3890, 7-13-1999) No drive-through lanes shall be permitted on corner lots within 100 feet of the point of intersection of intersecting street rights-of-way lines. Filling stations, provided no part of the filling station site shall be located within one hundred feet (100') of an R zone boundary. One-bay car washes are allowed as an accessory use to a filling station. (Ord. 94-3654, 12-13-t994) . All under-canopy lights shall be recessed into the canopy and otherwise designed so that light is deflected away from adjacent properties and rights-of-way. No light source shall be higher than 15 feet above finished grade. 3. Retail or Personal Service uses, that exceed the floor area limits imposed by Sec. 14-6A-2.C, provided that the maximum gross floor area may not exceed 5,000 square feet and provided that the Board of Adjustment determines, based on a market study provided by the applicant, that the greater floor area: a. will be supportable primarily by residents of the surrounding neighborhoods; and b. is consistent with the stated intent of CN-1 zone (See Sec. 14-6A-2.A). 4. Office uses that exceed the ground floor area limits imposed by Sec. 14-6A-2.C, provided that an office establishment shall not exceed 5,000 square feet of gross floor area on the ground floor and provided that the Board of Adjustment determines, based on a market study provided by the applicant, that the greater floor area: a. will be supportable primarily by residents of the surrounding neighborhoods; and b. is consistent with the stated intent of the CN-1 zone (See Sec. 14-6A-21A). Religious institutions, limited to a maximum total site area of 3 acres. (Ord. 94- 3626, 6-14-1994) Restaurants that exceed the occupancy Icad imposed by Sec. 14-6A-2.C, provided that the maximum occupancy Icad may not exceed 125 and provided that the Board of Adjustment determines, based on a market study provided by the applicant, that the greater floor area: a. will be supportable primarily by residents of the surrounding neighborhoods; b. is consistent with the stated intent of CN-1 zone (See Sec. 14-6A-2.A); and c. will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking rot landscaping, additional vegetative buffers or other site improvements. 7. Schools, specialized private instruction. (Ord. 94-3626, 6-14-1994) Utility Substations, in accordance with Article L of this Chapter. (Ord. 99-3909, 11- 9-1999) Ordinance No. Page 3 E. Dimensional Requirements 1. Minimum Lot Area No minimum required. ;2. Minimum Lot Width No minimum required. 3. Minimum Lot Frontage No minimum required. 4. Minimum Required Yards Between Buildings and Property Lines a. Front and Street Side: 5 feet. b. Side (Interior) (a) adjacent to R Zone: 5 feet (b) adjacent to nonresidential Zone: None required c. Rear: (a) adjacent RZone: 20 feet (b) adjacent to nonresidential Zone: None required §. Build-To-Line a. All new buildings in the CN-1 Zone shall maintain at least 65 percent building frontage along the required build-to line. The required build-to line in the CN-1 Zone is an imaginary line located 5 feet back from the front property line, running parallel to the front (street) property line. The build-to requirement shall apply to the site's "primary street frontage," which is the frontage to which the street address is assigned. c, Exemptions from the required build-to line standards of this subsection (14- 6A-2.E.5) may be approved during the Site Plan Review process for: (a) storefront facades that are recessed in accordance with Sec. 14-6A- 2.H,2; (b) shop entrances; (c) arcades; (d) plazas; (e} sidewalk cafes; or (f) trees and landscaping. d. Exemptions from the required build-to line standards of this subsection (14- 6A-2.E.5) may also be approved for CN-1 zones that were existence and at least partially developed on [insert effective date of amendment] if the city determines, during the Site Plan Review process, that compliance with the build-to line standards is not feasible. 6. Minimum Required Yards Between Parking Lots and Property Lines a, Front and Street Side: 20 feet b. Side (Interior) (a) adjacent RZone: 5 feet (b) adjacent to nonresidential Zone: 5 feet c. Rear: (a) adjacent RZone: 20 feet (b) adjacent to nonresidential Zone: 5 feet cl. Exemptions from the required parking lot setback standards of this subsection (14-6A-2.E.6) may be approved for CN-1 zones that were existence and at least partially developed on [insert effective date of amendment] if the city determines, during the Site Plan Review process, that compliance with the parking lot setback standards is not feasible. 7. Maximum Building Bulk a. Height: One-story buildings must have a minimum height of 18 feet, with a maximum height of 22 feet unless there are clearstory windows facing the street that give the appearance of second-floor space. All other buildings are limited to 35 feet in height. b. Lot Coverage: None. c. Floor Area Ratio: 1. Ordinance No. Page 4 d. Wall Length: The maximum length of any building wall shall not exceed 270 feet. This standard applies whether the building contains a single business or multiple businesses (storefronts). 8, Parking and Access Drives Along Street Frontages a. No more than 35% of the street frontage of a CN-1 zone shall be comprised of off-street parking spaces or driveways located in front of a building. For purposes of this provision', "in front of a building" means between the street right-of-way line and the building. b. On corner lots, no off-street parking spaces shall be located in front of a building within 100 feet of the point of intersection of intersecting street rights- of-way lines. c. Exemptions from the parking and access drive standards of this subsection (14-6A-2.E.8) may be approved for CN-1 zones that were in existence and at least partially developed on [insert effective date of amendment] if the city determines, during the Site Plan Review process, that compliance with the parking and access drive standards is not feasible. F. General Provisions All principal and accessory uses permitted within this Zone are subject to the requirements of Articles L through U of this Chapter. Said Adicles are indicated as follows: 1. Accessory Uses and Requirements: See Articles M through P of this Chapter. a. Permitted Accessory Uses and Buildings: See Section 14-6M-1 of this Chapter. b. Accessory Uses and Building Regulations: See Section 14-6M-2 of this Chapter. c. Off-Street Parking Requirements: See Section 14-6N-1 of this Chapter. d. Off-Street Loading Requirements: See Section 14-6N~2 of this Chapter. e. Sign Regulations: See Article O of this Chapter. f. Fence Regulations: See Article P of this Chapter. g. General Provisions: See Articles Q through V of this Chapter. h. Dimensional Requirements: See Article Q of this Chapter. i. Tree Regulations: See Article R of this Chapter. j. Performance Standards: See Art[cie S of this Chapter. k. Nonconformities: See Adicle T of this Chapter, G. Special Provisions 1. Maximum District Size In no instance shall an area zoned CN-1 be more than ten (10) acres in area. 2.. Required Plan A plan showing the general design of the proposed development must be submitted with any CN-1 rezoning application. The plan shall include provisions for landscaping, screening and buffering between the proposed commercial development and adjacent residential zones. H. Design Provisions The design provisions of this section are intended to help ensure that the CN-1 Zone develops in a manner that is compatible with adjacent residential nbighborhoods and that encourages pedestrian access to and within the Zone. 1. Site Plan Review a. Prior to receiving a building permit for any development, a developer must submit a site plan that complies with the requirements of Chapter 5, Article H of this Title, Site Plan Review. b. Prior to submitting a request for site plan review, the developer shall participate in a preapplication conference with the Director of Planning and Community Development (or designee) to discuss the application of the design provisions to the subject property. c. Review for compliance with the design standards of this section and those set forth in Chapter 5, Article H will occur during the site plan review process. d. Alternative design solutions may be approved during the site plan review process if it is demonstrated that the alternative design solution meets the Ordinance No. Page 5 intent of this Section or if it is determined that application of these standards to a CN-1 zone approved before [insert effective date of amendment] is not feasible. 2, Building Design a, The street-facing plane of all buildings shall be broken into horizontal modules that give the appearance of small, individual storefronts. Each horizontal module shall have a maximum width of 50 feet. b. Each building module shall include display windows. A minimum of 50 percent of the storefront fa~;ade between 2 feet and 10 feet in height shall be comprised of glass window or doors that allow views into the interior space. c, Each building module shall provide for distinct variation in the wall plane. Such variation shall be achieved through a minimum of 2 of the following means: Variation in material colors, types or textures. Primary building materials shall be masonry other than smooth-face block. Variation in the building and/or parapet height. Recessing storefront facades from adjacent storefront facades. Total variation in the fa(;ade plane along a primary street frontage shall not exceed 2 feet. · Variation in the architectural details such as decorative banding, reveals, stone or tile accents. d. Buildings shall have parapets or other architectural features concealing flat roofs and rooftop-mounted equipment, such as HVAC units, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications- receiving devices from public view. 3. Building Entries Primary building entries shall be distinguished by at least 2 of the following means: Canopies or awnings Recesses Raised cornice or similar architectural features · Architectural details, such as tile work and moldings that are integrated into the building structure and design. 4. Pedestrian Access a. Pedestrian access shall be provided to adjacent residential areas and to abutting rights-of-way. Such access shall be required through the provision of sidewalks that are connected to those located on adjacent public streets. (Ord. 97-3803, 9-9-1997) b. Each commercial tenant space must be accessible from other tenant spaces by sidewalks or other approved pedestrian routes. Pedestrian routes shall be continuous, clear of obstructions, and easily identifiable as a protected pedestrian routes. c. Pedestrian routes shall be separated from parking and vehicular use areas by curbs, landscaping or other physical barriers. When pedestrian paths cross drive aisles and vehicle travel lanes they shall be clearly identified with materials such as textured or brick paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot, as surface materials, or as accents. 5. Parking Lots Parking lot layout and design must promote safe and convenient pedestrian and vehicular circulation. Protected pedestrian walkways, leading to sidewalks that abut store entrances, must be provided within parking lots. 6. Landscaping and Screening shall be provided at the end of each parking row. Terminal islands shall have minimum r,"r'-Ir~ I , tr I,:/~'~ / Irr~lW.,,~*~.~ ~1~ I / if~ / i~j~ interior dimensions of at least 9 Ordinance No. Page 6 feet in width and 35 feet in length. At least one shade tree shall be provided within each terminal island. Areas of the terminal island not covered by trees or walkways shall be landscaped with shrubs and ground cover plants. b. All areas of the site that are not used for buildings, vehicular and pedestrian access or parking shall be landscaped with trees and plant material. c. Ground-mounted mechanical equipment shall be screened from view from the public right of way and from adjacent properties, by using walls, fencing, roof elements, penthouse-type screening devices or landscaping. (Ord. 94- 3626, 6-14-1994) 7. Bicycle Parking Bicycle parking facilities shall be located in convenient areas of the development and shall be located so as not to impede pedestrian or vehicular traffic. (Ord. 94- 3626, 6-14-1994) ~. 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 DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20___ MAYOR AFI-EST: CITY CLERK Approved by Ppdadmin~ord~neighborcommercialzone.doc · lur c, n associates land devek~pment regulations growth management impact fees TO: Bob Miklo FROM: Kirk Bishop DATE: February 4, 2002 SUBJECT: Proposed Revisions to CN-1 Zone A draft of the proposed CN-1 revisions is attached. These revisions are proposed as a means of better implementing the city's comprehensive plan and to address the City Council's stated intent of broadening the range of land uses allowed in the zone. According to the comprehensive plan, neighborhood commercial areas "should provide shopping opportunities within convenient walking distance for the residents in the immediate area, and may include such facilities as a post office substation, a day care center, small restaurants and a convenience store. "The plan goes on to say that: · The design...should have a pedestrian orientation, with the stores placed close to the street, but with sufficient open space to allow for outdoor cafes and patios or landscaping. · Parking should be located to the rear and sides of stores with additional parking on the street. · Apartments above businesses can provide needed housing while increasing the revenue stream for commercial establishments and enhancing the residential nature of the area. The following list provides a summary of proposed changes to the CN-1 zone. Intent (§ 14-6E-2-A): The intent statement has been revised to reflect Comprehensive Plan policies and other proposed changes to the CN-1 Zone regulations. Permitted Uses (§14-6E-2-B): Some previously listed use types such as copy centers, retail bakeries, and video rental have been removed from the list of permitted uses. In lieu of this detailed listing of allowed business types, the revised CN-1 zone classifies such uses as "Retail or Personal Service" uses, which are allowed in CN-1 as provisional uses. In general, we are recommending an approach that de-emphasizes use regulation and emphasizes design and site planning considerations. This recommendation is consistent with the City Council's goal of broadening the range of uses allowed within the zone. Provisional Uses (§14-6E-2-C): · The floor area limit for Retail and Personal Service uses has been increased from 2,000 square feet to 2,400 square feet. This increase is proposed (1) as a means of accommodating a broader range of neighborhood-serving uses and (2) to make the retail floor area limit consistent with the (ground-floor) office floor area limit. The floor area limit may be increased through the Special Exception process. (See "Special Exceptions," Proposed CN-1 Revisions Cover Memo below) While previous Planning Department research suggests that the existing 2,000- square foot limit accommodates most neighborhood-serving retail businesses, we suggest that increasing this cap would provide additional flexibility without adversely affecting neighborhood character. While more and more communities are establishing nonresidentiai floor area limits in their Iow-intensity commercial zones, the practice is not wide-spread and the limits are far from consistent. An informal survey of "typical~ requirements follows: Ann Arbor, MI C1 ] 8,000 Office 2,000 Retail/Personal Service Baltimore, MD B1 15,000 1[ Food stores 4,000 I Opticians Kansas City, MO II c-1 II 5,000 tl All uses 4,000 Minneapolis, MN NC (+50% bonus for no "front") Commercial Palm Beach, FL IL c- -s II- 2,000 II Ali-uses Portland, OR [/ CN1 5,000 Retail, Service, Office Scottsdale, AZ NC 2,500 Retail/Personal Service Tucson, AZ NC District 2,000 All uses · Above-ground-floor dwellings have been reclassified from Special Exception uses to Provisional Uses. This change is recommenc~ed as a means of removing an unnecessary regulatory barrier on mixed-use development and implementing the comprehensive plan policy of encouraging "apartments above businesses." · The draft recommends an increase in the floor area limit for Drug Stores and Hardware Stores. Under the current regulations, Drug Stores and Hardware Stores are subject to the 2,000-square foot floor area limit, unless they receive special exception approval. Under this draft, such uses would be allowed as provisional uses if they do not exceed 15,000 square feet. This size limit is adequate to accommodate today's modern drug store chains (e.g., Walgreens, CVS, Rite-Aid). Eckerds' stores are typically smaller, in the 10,000 square foot range. As with the existing provision for grocery stores, this proposed revision recognizes modern retail trends and is intended to encourage these types of neighborhood-serving uses. The 15,000 square foot limit would not accommodate Proposed CN-1 Revisions Cover Memo business such as Home Depot or Lowes, but it could accommodate a small True Value hardware store. Again, we believe that recommendation is consistent with the City Council's goal of broadening the range of allowed uses in CN-1. · Currently, dental practices, general medical practices, insurance agencies, chiropractic clinics, real estate agencies, travel agencies, accounting practices, and law offices are allowed as provisional uses in the CN-1 Zone if they do not exceed 2,400 square feet in floor area. The proposed draft would allow any office use in CN-1, provided that the floor area of a ground-floor office may not exceed 2,400 square feet and the floor area of an upper-floor office may not exceed 5,000 square feet. The broader range of office use types allowed is intended to increase flexibility within the district. Preserving the existing 2,400-square foot cap only for ground-floor offices, is recommended as a means of encouraging a broader range of second-floor offices. The size of office establishments on the ground floor may be increased through Special Exception process. (See "Special Exceptions," below). No exception is proposed for the size of second floor offices, meaning they could not exceed 5,000 square feet. · The percentage-based limit on office floor area (previously limited to 30% of the total floor area of the project) has been difficult to administer. We recommend its elimination. · The percentage-based limit on restaurant floor area (previously limited to 20% of the total project floor area) has been difficult to administer. It has been removed from the draft. The existing occupancy load limit (100 persons) has been retained. Floor area of restaurant use may be increased through Special Exception process. (See "Special Exceptions," below) Special Exceptions (§ 14-6E-2-D): · Above-ground-floor dwellings have been moved reclassified from a Special Exception use to a Provisional Use. This change is recommended as a means of removing a regulatory barrier on mixed-use development. · Lighting standards have been proposed for Filling Stations to help protect against glare and the adverse visual impacts associated with new service station designs that emphasize very high illumination levels, particularly under gas pump canopies. The new standards would require that canopy lights be recessed to help prevent glare. · Additional review criteria and standards are proposed for Retail and Personal Service uses that would exceed the floor area limits for a Provisional Use (2,400 square feet). The draft proposes an absolute cap on the size of a Retail and Personal Service use: 5,000 square feet. These changes are proposed as a means of ensuring that the CN-1 Zone maintains its small-scale neighborhood orientation. The proposed size cap is in the range of "typical" floor area limits imposed by other community's neighborhood commercial zones (See discussion above under "Provisional Uses." · Additional review criteria and standards are proposed for Office uses that would exceed the ground floor area limits for a Provisional Use (2,400 square feet). The draft proposes an absolute cap on the size of a ground floor office use: 5,000 square feet. These changes are proposed as a means of ensuring that the CN-1 Zone maintains its retail/personal service emphasis and small-scale neighborhood orientation. The proposed size cap is in the range of "typical" floor area limits imposed by other community's neighborhood commercial zones (See discussion above under "Provisional Uses." Proposed CN-1 Revisions Cover Memo · Additional review criteria and standards are proposed for restaurant uses that would exceed the seating capacity limits for a Provisional Use (100 persons). The draft proposes an absolute cap on seating capacity: 125 persons. These changes are proposed as a means of ensuring that the CN-1 Zone maintains its retail/personal service emphasis and small-scale neighborhood orientation. Previous research conducted by staff, indicates that about 30 square feet of floor area is provided per occupant in a "typical" restaurant. Using this equivalency factor, the proposed 125-person limit on seating capacity would accommodate a restaurant of just under 4,000 square feet, which again is in the range of "typical" floor area limits imposed by other community's neighborhood commercial zones (See discussion above under "Provisional Uses." Dimensional Requirements (§ 14-6E-2-E): · The minimum front yard setback has been reduced from 20 feet to 5 feet to implement comprehensive plan goals regarding the placement of buildings closer to the street and the promotion of pedestrian-oriented development patterns. Although a zero foot setback was considered, it is believed that a 5-foot setback is appropriate because of the need to accommodate trees and landscape improvements. · New side and rear yard setbacks have been proposed for development that is adjacent to Residential Zones. These standards are intended to help ensure land use compatibility. The proposed standards are generally consistent with the existing residential zone setbacks. Such changes are viewed as better addressing land use compatibility issues associated with CN-1 zoning in or near residential neighborhoods. · New "build-to" line standards have been proposed. The intent of this standard is to pull buildings closer to the sidewalk. By doing so, building facades will be aligned to form a street wall that frames the public realm. The idea behind such standards is that large setbacks are inconvenient and unpleasant for pedestrians because the increase walking distances from the sidewalk and they prevent pedestrians from observing building details and the activities within buildings. Buildings pulled close to the sidewalk have more of a human scale. Note: the draft provisions provide for an exemption or waiver from the proposed "build-to" standard for existing CN-1 developments that do not comply with such a requirement and where complying with such a standard would not be feasible. · New parking lot setbacks are proposed to ensure greater pedestrian orientation and to encourage building placement closer to street. Again, exemption/waiver provisions have been built in to address existing CN-1 development that does not or would not be able to meet such standards. · The building height limit has been increased from 25 feet to 35 feet to accommodate above ground-floor office and residential uses. This proposed height limit is consistent with the maximum height allowed in single-family zones. · A minimum height limit is proposed as a means of ensuring building scale/bulk that is appropriate for pedestrian-oriented, neighborhood commercial development. · The provisions proposed in Sec. 14-6E-2.E.8 represent new proposed limits on the percentage of street frontage that can be devoted to off-street parking. These standards have been proposed to limit the parking in front of buildings, because of the CN-1 Zones emphasis on pedestrian-oriented, traditional main street-style development. Exemption/waiver provisions have been built in to address existing CN-1 development that does not or would not be able to meet such standards. Proposed CN-1 Revisions Cover Memo The minimum zone district size limit (1 acre) has been removed to allow greater use of CN-1 zoning. Although consideration was give to capping the size of CN-1 zones at 7 acres, the existing maximum area limit of 10 acres has been retained. According to the International Council of Shopping Centers (ICSC) the "typical" neighborhood shopping center contains between 30,000 and 150,000 square feet of floor area with a gross land area of three to 15 acres. Assuming a "typical" neighborhood commercial center floor area ratio of 0.2-0.25, the existing 10-acre size limit would accommodate a mid-size neighborhood shopping center of up to 90,000 to 110,000 square feet. According to ICSC, the market area of a neighborhood shopping center is up to three miles. Note: the statistics cited here are from a national sampling of communities of various sizes. Special Provisions s (§14-6E-2-G): The proposed draft requires the submittal of a plan showing the general design of the proposed development at the time of rezoning. The current requirement for a plan applies to parcels in excess of seven acres in area. This proposed change is recommended to allow early consideration of the appropriateness of proposed CN-1 development plans. Design Provisions (§ 14-6E-2-G): Modifications and additions are proposed as a means of ensuring that development will be consistent with the stated intent of the CN-1 Zone and the Comprehensive Plan. These provisions are geared toward ensuring pedestrian-oriented, neighborhood-compatible design that reflects a traditional main street character. The design standards proposed in this section are believed necessary in light of the expanded menu of uses and business sizes proposed for the CN-1 zone. Given this expanded range of uses/business sizes and given the fact that CN- 1 zones will be located within or very near residential neighborhoods, design standards are viewed as critical in ensuring that CN-1 zones "fit" existing neighborhood character. As with other new provisions, waiver/exemption provisions are proposed to address existing CN-1 development that does not or would not be able to meet such standards. Final Note: The intent of some of these proposed regulations would be made more clear with illustrations. These illustrations will be prepared as part of the overall code update effort. Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O, ENTITLED "SIGN REGULATIONS," TO PERMIT PORTABLE SIGNS AS A PROVISIONAL SIGN IN THE CB-2, CENTRAL BUSINESS SERVICE ZONE, CB-5, CENTRAL BUSINESS SUPPORT ZONE, AND THE CB-10, CENTRAL BUSINESS DISTRICT ZONE. WHEREAS, portable signs are found to be a pedestrian-oriented sign appropriate for the central business zones; and WHEREAS, portable signs, with limits on their size and location, will not be obtrusive in the central business zones; and WHEREAS, for public safety reasons, portable signs shall not be permitted to impede pedestrian traffic, shall be weighted to provide stability, and should be moved to inside the business when the business is closed; and WHEREAS, although portable signs are appropriate in the pedestrian-oriented central business zones, they are not appropriate for all commercial zones due to too much visual and physical clutter in areas not oriented toward pedestrian travel; and WHEREAS, the Planning and Zoning Commission has recommended this ordinance be adopted permanently after being adopted on a trial basis in 1997, finding that portable signs on private property can be appropriate in the central business district if they are not encroaching onto the public sidewalk. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," Section 5, entitled "Signs Permitted by Zone; Regulations:", Subsections F and E, entitled "CB-5 and CB-10 Zones" and "CB-2 Zone," respectively, are hereby amended to include the following additional paragraphs and subparts: 14-60-5F. CB-5 and CB-10 Zones: 2. Provisional signs: (d) One non-illuminated podable sign per first floor exterior storefront, provided it is placed only on private property or within a designated sidewalk cafb area, does not block access to any doorway, is moved inside the business when the business is closed, is weighted at the base to provide stability as approved by the building official or designee, and has a maximum of two sign faces per sign. 3. Dimensional Requirements: (b) (6) Portable Sign (A) Maximum area of sign face: six square feet (B) Maximum height of sign: six feet above grade 3. 14-60-5E. CB-2Z0ne 2. Provisional signs: (d) One non-illuminated poll:able sign per first floor exterior storefront, provided it is placed only on private property or a designated sidewalk cafb area, does not block access to any doorway, is moved inside when the business is closed, is weighted at the base to provide stability as approved by the building official or designee, and has a maximum of two sign faces per sign. 3. Dimensional requirements: (b) (7) Portable Sign (A) Maximum area of sign face: six square feet (B) Maximum height of sign: six feet above grade ~. 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. Ordinance No. Page 2 SECTION IV. EFFFCTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,20__ MAYOR ATTEST: CITY CLERK ppdadmin/ord/po~a blesign.doc c rr OFZO V, c rrMEMORANDUM To: Planning & Zoning From: Jann Ream Code Enforcement Assistant - Housing & Inspection Services Date:February 1, 2002 Re: portable signs After receiving a citizen complaint about a portable sign outside of the Wireless Store, 14 S. Clinton, H.I.S. took a closer look at that section of the sign ordinance which allows portable signs in the CB-2, CB-5 and CB-10 zoning districts. The complaint reported that the sign had been placed in the public sidewalk and a blind person had tripped over it and fallen. The original ordinance was passed in June, 1997 upon the request of downtown businesses who had been told that the temporary signs they had been placing outside of their businesses were illegal. The ordinance allowed for one portable sign per first floor storefront provided they were limited to two sign faces of no more than 6 s.f, were placed only on private property or within a sidewalk cafe, did not block a doorway, were weighted so they would not blow over and were brought in every night. The ordinance also contained a sunset clause (very unusual) that stated the ordinance would automatically be repealed on July 1, 1998 unless reenacted. The ordinance was never reenacted so, technically, portable signs have not been permitted since July of 1998. There have been eight permits for portable signs issued since that date. So the question becomes does P&Z want to recommend a new ordinance allowing portable signs be submitted to City Council or does P&Z want to recommend eliminating portable signs downtown? The first two drafts of the ordinance did not contain the sunset clause. It is assumed that the clause was an amendment added by P&Z or City Council at the time the ordinance was passed because there had been previous complaints about these types of signs and a testing period was deemed appropriate. The issue was not re-addressed after the year time period and the ordinance was automatically repealed. Portable signs in the CB zoning districts have become a difficult enforcement problem. Most business owners put them out without first obtaining permit and are therefore unaware of the restrictions and requirements. Even after they obtain a permit and become aware of the restrictions, they ignore them on a regular basis. The signs inch their way out more into the public right of way until the business owner is told to take it out of the right of way or keep it tight to the building. As a fairness principle, City policy has been to allow those businesses who do not have a store front alcove to place the sign in the right of way as long as it is tight to the building. This has only caused problems. If the ordinance gets reenacted, policy should be strict about the right of way issue and those businesses who do not have an alcove simply cannot have a portable sign. (Current businesses who would be affected by this are Buzz Salon, Iguana's, Co-op Records, One Twenty Six, Top Dogs, Wireless Answers, Arts Iowa City, and The Book End). Most current citizen complaints about these signs concern how awful they look and it is a legitimate complaint. Considering the money the City has spent downtown to improve the look of the streetscape, these signs only detract from the desired effect. If a business is adamant about having a sign in the right of way, they do have the option of applying for a projecting sign. At least these signs are subject to Design Review. If the ordinance is re-enacted and strictly enforced in terms of these signs being placed in the City Right of Way, the design issue of the signs becomes less important since they will not be part of the overall streetscape. 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 '"'~/-¢,-/¢~7_4¢~ cedain terms used in said ordinance, referring to the Iowa City Municipal Airport ~ zoning map as part of the ordinance, establishing an Airport Zoning Commission, /z_/~ establishing an Airport Zoning Board of Adjustment, and providing for enforce'rnent 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 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City, Iowa, will hold a public hearing on the 19t~, 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 MitcJWNNSTClhieronymilalleyconvey/nph-convey dOc NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, iowa in the Emma J. Harvat Hall in the Civic Center at the regularly scheduled Council meeting at 7:00 p.m. on the 2nd day of April, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, for the purpose of hearing comments for or against the amending of Title 3 of the City Code entitled "Finances, Taxation & Fees," Chapter 4 on City utilities to increase certain fees and charges associated with solid waste collection and disposal services. Information on the proposed rate increases or changes is available at the City Clerk's Office. MARIAN K. KARR, CITY CLERK PH-1 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 2nd April, 2002, in the Civic Center Council Chambers, 410 E Washington St, 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. The Iowa City Housing Authority's updated Annual Plan advising HUD, its residents and members of the public of the needs of low-income and very Iow-income families, and their strategy for addressing those needs. The plans will be made available for public review at the Iowa City Housing Authority. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. Memo To.' Iowa City City Council From: Maggie Grosvenor, Housing Administrator CC: Steve Atkins, City Administrator; Doug Boothroy, Director HIS Date: 03/29/02 Re," ICHA Annual Plan HUD requires all Housing Authorities to update their Annual Plans once a year. No significant changes were made to the document, which the Council approved April 2001. There was a question last year, regarding the Public notification process. The following timeline outlines all Public notification. No comments were received. 2/1/02 Letters sent to appointed Resident Advisory members to ask for their participation in the Annual plan process (Sec. 8 & Public Housing) 2/5/02 Council sets Public Hearing for 4/2/02 2/11/02 45-day Public Comment period begins (published in the Press Citizen) 2/28/02 Annual plan posted to the City's Web site 3/1/02 Homeless Coordinating Board Service Providers notified of the Annual plan process via email 3/4/02 Sent follow up letter to Resident Advisory members asking for comments/questions 3/10/02 Met with Homeless Coordinating Board Service Providers to ask for comments/questions · Page 1 Publish 3/20 (5 notices) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $8,480,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $8,480,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; and the equipping of the fire, police and street departments. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 20th day of March, 2002. s/Marian K. Kart City Clerk of Iowa City, Iowa (End of Notice) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $610,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $610,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $680,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $680,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Kan' City Clerk of Iowa City, Iowa (End of Notice) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $230,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at ~vhich meeting the Council proposes to take action for the issuance of not to exceed $230,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed xvith the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Kart City Clerk of Io~va City, Iowa (End of Notice) NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRiNCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 2nd day of April, 2002, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition and construction of a transit intermodal facility. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 20th day of March, 2002. s/Marian K. Karr City Clerk of Iowa City, Iowa (End of Notice) NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR FYO2 BRIDGE MAINTENANCE PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the FY02 Bridge Maintenance Project in said City at 7 p.m. on the 2nd day of April, 2002, said meeting to be held in the Emma J. Harvat Hall in the Civic Center in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK Pweng\02bridgenph.doc