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HomeMy WebLinkAbout2012-06-19 Public hearingPUBLISH JUNE 11 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 19 day of June, 2012, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the 1. An ordinance vacating air rights within the public right -of -way located adjacent to the property at 114 South �. Dubuque Street. 2. An ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single - Family (RS -8) zone to High Density Single - Family Residential (RS -12) zone. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. AN ORDINANCE VACATING AIR RIGHTS WITHIN THE PUBLIC RIG -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Mark Moen, is proposing to redevelop the pr erty at 114 South Dubuque Street by demolishing the one -story bank building and replacing it with a 14- ry mixed -use building; and WHEREAS, the applicant has requested that the City v/extenalong nvey to the applicant air rights starting at approximately 16 feet, eight inches above grade 4' section of the Dubuque Street public right -of -way in City Plaza that extends along the west of the subject property and a 4'x 56' foot section of public right -of -way in Blackhawk Park thaong the north property line of the subject property to a llow the top 13 floors of the proposed 14 ng to cantilever four feet over the public right -of -way; and WHEREAS, ensuring qu ity retail storefront space is onls of the Central Business District; and WHEREAS, an economic de elopmer the Downtown area and lack of ailable achieving this goal; and WHEREAS, it is an economic d vel residential apartments and condomini m support a variety of businesses in t employment, shopping and other service WHEREAS, the vacation will allow e balconies to be recessed with the buildi design and more usable outdoor space fo attract permanent residents to Downtown; WHEREAS, the vacation of air rights v WHEREAS, the vacation of air rights floor retail space on a very constrained b WHEREAS, the vacation of air righ and 4; and : goal for the City/is to provide new employment opportunities in Class A office pace has been identified as an impediment to opment goal r the City to provide opportunities for high quality s in the do ntown area to attract permanent residents that will central siness district and allow residents to live close to in an ur n environment; ough dditional living space in the residential units to allow for n w , which will create a more aesthetically pleasing building I t nts without sacrificing quality interior living space needed to �i p ovide for a superior overall design of the building; and ill vide the opportunity for a more pedestrian - friendly main ding lei will m imize the amount of Class A office space on levels 2, 3 WHEREAS, the vacation of air ghts will all make the residential floor plans far re functional WHEREAS, given the short le th of the buildin (only 40 feet), the relatively mi depth of the ca (approximately 17 feet) at w n r hich he cantilever is pr o environment at the pedestrian vel, which might of for recessed balconies on the residential levels and d marketable for long -term residents; and wall along the main pedestrian route within City Plaza ilever (only four feet), and the approximate height sed will be sufficient to prevent a dark, tunnel -like he ise result if allowed for a building with a larger footprint; and WHEREAS, given the sm II size of the building footpn t combined with the fact that the subject property does not directly abut other uildings along Dubuque Stre t, the impacts on light, air and views along City Plaza and Blackhawk Park ill be minor, and will not and ly block views of adjacent businesses or any important vistas within the mmunity; and WHEREAS, on May 17, 2012, the Planning and Zoni Commission recommended City Council approve vacating air righ within the public right -of -way along t e north and west lot lines of the property at 114 South Dubuque Str et as described below; NOW, THEREFOjrtE, BE IT ORDAINED BY THE CITY COTCIL OF THE CITY OF IOWA CITY, IOWA: / SECTION I. VA ATION AND CONVEYANCE. The City of Iowa ity Mark Moen air rig Vs to that portion of public right -of -way starting aty above grade for a.4' x 44' section of the public right -of -way that exten . property at 114 outh Dubuque and a 4'x 56' section of public right -of -� along the north property line of the property at 114 South Dubuque, as ill hereby vacates and conveys to the pproximately 16 feet, eight inches along the west property line of the y in Blackhawk Park tlkat extends i rated below:; =- m C) c_ Ordinance No. Page 2 BLAC WK ALLEY 87' -0' PROPERTY UNE b SECTION II. REPEALER. All ordinances and part of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any`section, provisio or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affe the validity of the Ordinance as a whole or any section, provision or part thereof not a,Ojudged invalid or unc nstitutional. SECTION IV. EFFECTIVE DA E. This Ordinance sh I be in effect after its final passage, approval and publication, as provided by law. SECTION V. RECORDING A D EFFECT. This Ordinanc shall be recorded and shall have the effect of conveying the above - describe land to pur ant to Iowa Code Section 354.23. SECTION IV. CONSIDER ION. This vacation and conve nce is being made in consideration for Passed and approved this day of MAYOR: Matt Hayel�z ATTEST: CITY CLERK Approved by City Attorney's Office 201. I I i / I � I I I - W I I 7 O L _ SITE PLAN 1 /A" = 1'-n' ALLEY 87' -0' PROPERTY UNE b SECTION II. REPEALER. All ordinances and part of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any`section, provisio or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affe the validity of the Ordinance as a whole or any section, provision or part thereof not a,Ojudged invalid or unc nstitutional. SECTION IV. EFFECTIVE DA E. This Ordinance sh I be in effect after its final passage, approval and publication, as provided by law. SECTION V. RECORDING A D EFFECT. This Ordinanc shall be recorded and shall have the effect of conveying the above - describe land to pur ant to Iowa Code Section 354.23. SECTION IV. CONSIDER ION. This vacation and conve nce is being made in consideration for Passed and approved this day of MAYOR: Matt Hayel�z ATTEST: CITY CLERK Approved by City Attorney's Office 201. To: Planning and Zoning Commission Item: VAC12 -00003 114 S. Dubuque Street GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Property Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: May 17, 2012 Marc B. Moen 221 E. College St. Iowa City, IA 52240 Marc Moen 319 -430 -3010 Right -of -way vacation 5a To allow the applicant to acquire air rights to a portion of the public right -of -way along City Plaza and Blackhawk Park to allow the top 13 floors of a proposed 14 -story building to cantilever 4 feet over the public right -of -way Public right -of -way adjacent to the property at 114 S. Dubuque Street. 3240 square feet Commercial; CB -10 North: commercial; CB -10 South: commercial; CB -10 East: commercial; CB -10 West: commercial; CB -10 Central Business District — high density, mixed use, pedestrian- oriented shopping, office, service, residential and entertainment area April 26, 2012 The applicant, Marc Moen, is proposing to redevelop the property at 114 S. Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed -use building, containing retail space on the ground -level and mezzanine level, 3 floors of Class A office space, and 10 floors of residential dwelling units. The property is small in size, at 3,240 square feet and has public right -of -way on three sides: City Plaza to the west; Blackhawk Park to the north, and a public alley to the south. These factors present unique challenges for redevelopment. The applicant is requesting vacation of air rights starting at approximately 16 feet, 8" above grade for a 4' x 40' section of public right -of -way in City Plaza that extends along the west property line of the subject 1 property and a 4' x 60' section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property. The applicant is requesting this vacation of air rights in order to cantilever the proposed new building four feet over the public right -of -way on both the north and west sides of the property. In the application, the applicant provides the following reasons as justification for this vacation: • The cantilever will provide for a superior overall design of the building; • It will create a much more pedestrian - friendly main floor retail space; • It will maximize the amount of Class A office space on levels 2, 3, and 4; and • It will allow for recessed balconies on the residential levels and make the residential floor plans far more functional and marketable as condominiums. ANALYSIS: The public right -of -way is an important resource that provides for the movement of pedestrians and vehicles, for open space, landscaping, light, air, and views. As an important public resource, requests for vacations should be carefully considered according to the criteria listed below. a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Location of utilities and other easements or restrictions on the property; d) Impact on access of adjacent private properties; e) Desirability of right -of -way for access or circulation needs; D Any other relevant factors pertaining to the specific requested vacation. Vehicular and pedestrian circulation and access to private property: The vacation of air rights will not restrict vehicular circulation because vehicular traffic is not allowed on City Plaza or Blackhawk Park. Vehicular traffic is only allowed in the alley that abuts the south side of the building. No cantilever is proposed for the alley side of the building. Pedestrian circulation will not be impeded by this vacation, since the vacation of air rights starts at about 17 feet above the ground. In effect, the cantilevered building wall will extend four feet over the pedestrian plaza and the park, and will serve as a sort of canopy that provides pedestrians protection from inclement weather and shade. Canopies on retail frontages are a common and desired feature as they allow not only shade and protection for pedestrians, but also prevent reflections on storefront display windows that allow better views into the interior shop space and protect window displays from damaging sunlight. While some cantilevered building wall designs could result in a dark, tunnel -like environment on the pedestrian level, staff finds that in this case given the short length of the building wall along the main pedestrian route within City Plaza (only 40 feet), the relatively minor depth of the cantilever at only 4 feet, and the approximate 17 -foot height at which the cantilever is proposed will be sufficient to prevent a tunnel -like environment along City Plaza. Emergency and utility and service vehicle access: An access lane for utility and service vehicles is already designated within City Plaza and the vacation of air rights will not interfere with this access. The alley along the south side of the building also currently provides access for utility and maintenance and delivery vehicles and the proposed vacation will not interfere with the functions of the alley. Location of utilities: Utility corridors are already established within City Plaza and the alley and this vacation will not change or impact the location of these utilities. Impact on access for adjacent properties: The proposed vacation will not impede access for adjacent properties, since the vacation of air rights starts more than 16 feet above the ground and will not affect the adjacent alley right -of -way. K Desirability of right -of -way for access or circulation needs City Plaza and Blackhawk Park are highly desirable public resources for access to businesses, for pedestrian circulation in Downtown Iowa City, and for light, air, open space and views. Therefore any vacation requests within these public rights -of -way should be carefully considered both with regard to any potential impact on the resource but also whether the vacation will result in a public benefit. As mentioned above, since the vacation is for air rights, the right -of -way at the pedestrian level will remain public. Given that the building will project only 4 feet over the right -of -way at a height of nearly 17 feet, the impacts on light, air, and views along the pedestrian plaza and along Blackhawk Park will be minor. The applicant has provided some visual representations of how the building will look from a pedestrian level (see attached). Staff finds that the encroachment will not block views of adjacent businesses or any important vistas within the community. In most cases, it would not be necessary to vacate the public right -of -way to allow a cantilevered building design, since such a design could occur within the bounds of the private property by simply recessing the retail storefront level 4 feet back from the front property line. However, in this case, where the property is so small, recessing the ground level floor of the building would create a very constrained retail space when one takes into account all of the ground level floor area that is needed for stairwells, elevators, lobbies, and the mechanical and fire control rooms. Ensuring quality retail storefront space is one of the goals in the Central Business District, so allowing this cantilever design will maximize the amount of retail space possible within this constrained lot, while also providing the pedestrian - friendly canopy effect mentioned previously in this report. There are several additional public benefits that may result from this vacation: One of the economic development goals for the City is to provide new employment opportunities in the Downtown area. The lack of available Class A office space has been identified as an impediment to achieving this goal. The vacation will allow an additional 1200 square feet of Class A office space on the 2nd, 3rd, and 4th floors of the building. The proposed vacation will also allow enough additional living space in the residential units to allow the balconies to be recessed within the building wall, creating a more aesthetically pleasing building design and more usable outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to Downtown, which is another economic development goal for the City. STAFF RECOMMENDATION: Staff finds that the proposed vacation meets the criteria for right -of -way vacations as outlined in the City Code. Therefore, staff recommends approval of VAC12- 00003, a request to vacate air rights starting at approximately 16 feet, 8 inches above grade for a 4'x 40' section of public right -of -way in City Plaza that extends along the west property line of the subject property and a 4'x 60' section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property. ATTACHMENTS: • Vacation exhibit • Conceptual floor plans • Graphic representations of the proposed building Approved by: Robert Miklo,�Senior Planner Department of Planning and Community Development U M O T a 0 c a z 0 � z O = Q TT nA O o T a is inoneno _ cr 0 � �- T m Z r' cm) a O U W tz V) y •:x :•1: rvry oN 6ui.oia lo)uawaltltln5 LOZ @ NHVd oN Isenbay iosoao,d 133HS NO `JwMV a 1l N3jli 1S 3nonena u c u L c L J J Q S1J311HD V -------- ---- __._________ NOSNOW NNVWf13N �_1 'J z 3 CL w CO T 0 qlT C — M N J U W J W W 0 co S U a) p w LL C6 I-j 2 O J u F] 1. �Q fml r'loqi N W M I Ln N J Om CD OJ > j D J i Z Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 522 -3 GRAFT ORDINANCE NO. AN ORDINANCE VACATING AIR RIGHTS WITHIN THE PUBLIC RIGHT -OF -WAY LOCATED ADJACENT TO THE PROPERTY AT 114 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the applicant, Mark Moen, is proposing to redevelop the property at 114 South Dubuque Street by demolishing the one -story bank building and replacing it with a 14 -story mixed -use building; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the Dubuque Street public right -of -way in City Plaza that extends along the west property line of the subject property and a 4' x 56' foot section of public right -of -way in Blackhawk Park that extends along the north property line of the subject property to allow the top 13 floors of the proposed 14 -story building to cantilever four feet over the public right -of -way; and WHEREAS, ensuring quality retail storefront space is one of the goals of the Central Business District; and WHEREAS, an economic development goal for the City is to provide new employment opportunities in the Downtown area and lack of available Class A office space has been identified as an impediment to achieving this goal; and WHEREAS, it is an economic development goal for the City to provide opportunities for high quality residential apartments and condominiums in the downtown area to attract permanent residents that will support a variety of businesses in the central business district and allow residents to live close to employment, shopping and other services in an urban environment; WHEREAS, the vacation will allow enough additional living space in the residential units to allow for balconies to be recessed with the building wall, which will create a more aesthetically pleasing building design and more usable outdoor space for tenants without sacrificing quality interior living space needed to attract permanent residents to Downtown; and WHEREAS, the vacation of air rights will provide for a superior overall design of the building; and WHEREAS, the vacation of air rights will provide the opportunity for a more pedestrian - friendly main floor retail space on a very constrained building site; and WHEREAS, the vacation of air rights will maximize the amount of Class A office space on levels 2, 3 and 4; and WHEREAS, the vacation of air rights will allow for recessed balconies on the residential levels and make the residential floor plans far more functional and marketable for long -term residents; and WHEREAS, given the short length of the building wall along the main pedestrian route within City Plaza (only 40 feet), the relatively minor depth of the cantilever (only four feet), and the approximate height (approximately 17 feet) at which the cantilever is proposed will be sufficient to prevent a dark, tunnel -like environment at the pedestrian level, which might otherwise result if allowed for a building with a larger footprint; and WHEREAS, given the small size of the building footprint combined with the fact that the subject property does not directly abut other buildings along Dubuque Street, the impacts on light, air and views along City Plaza and Blackhawk Park will be minor, and will not unduly block views of adjacent businesses or any important vistas within the community; and WHEREAS, on May 17, 2012, the Planning and Zoning Commission recommended City Council approve vacating air rights within the public right -of -way along the north and west lot lines of the property at 114 South Dubuque Street as described below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION AND CONVEYANCE. The City of Iowa City hereby vacates and conveys to the Mark Moen air rights to that portion of public right -of -way starting at approximately 16 feet, eight inches above grade for a 4' x 44' section of the public right -of -way that extends along the west property line of the property at 114 South Dubuque and a 4'x 56' section of public right -of -way in Blackhawk Park that extends along the north property line of the property at 114 South Dubuque, as illustrated below: Ordinance No. Page 2 ALLEY SITE PLAN .. ........ SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have the effect of conveying the above - described land to pursuant to Iowa Code Section 354.23. SECTION IV. CONSIDERATION. This vacation and conveyance is being made in consideration for Passed and approved this day of 12012. MAYOR: Matt Hayek ATTEST: CITY CLERK City Council June 19, 2012 • VAC12- 00003: Vacating air rights within the public right- of -way located adjacent to the property at 114 South Dubuque Street, Iowa City, Iowa. Scale: 1 " =49' CITY OF ION CITY WASHINGTON ST P1 CB10 w m CB10 P1 WM LO rM.- 114 S. Dubuque Street VACi2-00003 1 Y � R ,1 .I k asset C gems '^ r 7ir -' - Ad jam PUBLISH JUNE 11 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 19 day of June, 2012, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance vacating air rights within the public right -of -way located adjacent to the property at 114 South 2. An ordinance conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single - Family (RS -8) zone to High Density Single - Residential (RS -12) zone. Copies of or mances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK -�1 � /gyp Rezoning Item • REZ09- 00003: Conditionally rezoning approximately 4.29 acres of land located on Walden Road, west of Mormon Trek Boulevard from Medium - Density Single - Family Residential (RS -8) zone to High- Density Single - Family Residential (RS -12) zone. CITY OF IOWA CITY qNV U � Pi JENSEN CT u — � ��► z WALDEN RD -� ,auE sT k P 8 0 - U COLL CT WALDEN CT 1 0 ROHRET RD 2PAC - Z RANIER DR - -A col L OPD, d X z , i SITE LOCATION: Lot 79, Walden Woods Part 7 REZ09 -00003 w City of Iowa City Mapping Scale: 1" = 100 1 ,1 64 J 1 _ all i0ii; / S 1 9� G� ! AV 'r t � • �/bh b �5 � §• � t.. / z n as \ RED . Will OR r, I sEp. •�w e bgrgh ,N PRIVATE z �•� � Eon -- — — — — — — — - � I I. I -Y==` ---- - - - - -- �1M I i 1 t :l tn .n .rca w.a e �.nenar KxaY uc MI I t I I I I I I" I I 'I I I ,I. I P° i t — / I / / I I I i F " I � I • `• J 4�C E t I t I I I t t I t { I • t 9� I soy uu eu A�.rq,ccous I ROHRET ROAD . .. I r ;l )d ..: .1 1 PF '✓fit , f, r� - ALL,. {. L I 11, 77_ IV" I 11, City of Iowa City sb MEMORANDUM Date: April 27, 2012 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to re- activate REZ09 -00003 (Walden Woods, Part 7, Lot 79) The applicant for REZ09- 00003, Southgate Development, has requested to re- activate their application for a rezoning of Walden Woods, Part 7, Lot 79. In 2009 the applicant requested that this rezoning request be deferred pending resolution of issues related to storm water drainage. At the time they were trying to work out an agreement with the Walden Court Homeowners Association to allow storm water to drain from constructed basins on the subject property through the private storm sewer pipe located along Walden Court. The parties were unable to reach an agreement, so the applicant is now proposing an alternative system of managing the storm water and have submitted a new concept plan (see attached) showing how the water will outlet from constructed storm water basins into an overland drainage swale that will extend south across the MidAmerican pipeline easement and connect into the public storm sewer located along Rohret Road. They have received permission from MidAmerican Energy to construct this overland swale on the pipeline easement. The City Engineer has reviewed the concept plan for storm water drainage and has agreed to allow this type of design, provided that at the time of development the drainage system is designed to meet all City engineering standards. A memo from the City Engineer is attached. As noted in the original staff report, the request is for a rezoning of this property. Therefore, the site plan submitted by the applicant is only a conceptual representation of the proposed development. The property must go through a preliminary and final platting process before any development activity can occur. At the time of development the site plan, infrastructure improvements, and buildings will all have to meet the City's engineering, building, and zoning standards. The original staff report is attached for your review and consideration. The analysis contained in that report is still relevant today. Also attached is the public record from the Planning and Zoning Commission meetings in 2009, including the minutes and all correspondence. Note that additional correspondence has been received recently due to the re- activation of this rezoning request and is attached. RECOMMENDATION Staff recommends that REZ09- 00003, a request to rezone approximately 4.29 acres of property from RS -8 to RS -12 be approved, subject to a conditional zoning agreement that specifies the following: • At the time of development, the storm water management system will be designed and constructed in accordance with the City's Engineering Design Standards, including the required detention and outlet criteria; April 27, 2012 Page 2 • At the time of development, the storm water management system will be designed in a manner that will not exacerbate storm water drainage issues on adjacent properties; • Development will be in general compliance with the submitted concept plan regarding site layout, lot configuration, and building orientation; • Access to all of the units shall be from a rear lane that connects to Walden Road; • No direct vehicular access shall be allowed from Mormon Trek Boulevard; and • At the time of development, a minimum of three visitor parking spaces will be provided along the rear lane near the units that front on Mormon Trek Boulevard. Approved by: ' Robert Miklo, Senior Planner, Department of Planning and Community Development Attachments: • Memo from the City Engineer • 2012 concept plan • Recent correspondence • 2009 staff report • Correspondence received in 2009 • Related minutes from 2009 Planning and Zoning Commission meetings r - . ®r CITY OF IOWA CITY 17 �&-A, MEMORANDUM Date: April 26, 2012 To: Karen Howard, Planner From: Ronald Knoche, City Engineer Re: Lot 79, Walden Wood Part 7 Storm Water Management In 2009, Southgate Development was trying to negotiate an agreement with the Walden Court homeowners' association to connect the outlet pipe from the proposed detention basin into a private storm on Walden Court. Southgate Development and the Walden Court homeowners' association were not able to come to agreement for the use of the private storm sewer. In October of 2011, Southgate Development and its consulting engineer met with Engineering Division to discuss other alternatives. The final proposal discussed was to construct a storm water detention basin on Lot 79 that would allow the outlet to surface flow over the pipeline easement to the West of Walden Court and then into the storm sewer system along Rohret Road. Southgate Development has been given approval by MidAmerican Energy to grade a drainage swale in the pipeline easement area. The Engineering Division will allow this design for the storm water management for Lot 79 as long as the required detention and outlet criteria are met. It is also understood that the proposed drainage swale will not negatively impact the adjoining properties. This approval is in concept only and the final approval will be made through the design review process. 3 � o � H Q U zO a O x Q U-� O w O U 0 Z w w w J a Z$ O, a- U 0 L -LJVJ 'DOOM N34lVM PO REi Ro.' ' 4 ly °kY 3 3 ou IIIII ° I�lil Q R R 0 a � eos���ldpv. ►a•po � ..a�. I���� � �� �W a � f gazq'1�c�;i I �alre0 ?9Bea ®0 ®�����padVoF.�h ®�' ►d•p® " (illl II it l�li�r k t -------- - - r , _ i , , 1 , , i , • f i , , , , '� r Ob N3CI7C�iflT� /. � ' ii i' i f l 2 - r --• - Co uzi�i � I QVO1'13YU0- L ' J [.101 NV1d 1N3Wd01]/r3a ]1159RMOZlY i rl 'I 9R � I N I � I � � G {I t ;I 6 o� o� W w yY8 W _ � N ooU xgsR RR-� % of iiaaa x i_i�� Aoop bq�p a u.8 y ZWOY� "sa;oR eS oz�o,ggyFO� €m - oz °i Nil. aar aoi z_�w�� nom H 3,R ul.00zo z4<. wo°If,� ,S k Rg C� pL nw o s f " ii a�a•-Rp k Rg C� pL nw o s April 26th, 2012 Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission, The purpose of this letter is to provide comment and opinion regarding the application (REZ09- 00003) submitted by Southgate Development Company for a rezoning of a 4.29 -acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12). My wife Meigen Fink and I are resident homeowners of a property (Walden Wood part 3, lot 17) that shares the applicant's west border. We would like to bring to the attention of the Commission some issues related to this application. Of great importance, the need to provide an acceptable solution to dealing with water runoff has been identified as a major issue. This concern should be examined carefully before proceeding with consideration of the application. This issue affects Walden Court residents, as they are directly downhill from the parcel. Also affected are the property owners sharing the parcel's western border. The low - lying lots adjacent to the narrow rectangular strip extending south to Rohret Road are particularly susceptible to problems with poor drainage. A solution to the applicant's drainage issue should provide consideration to the adjacent lots. We think it is important to illustrate to the committee the soggy conditions we have experienced in our ownership of our property for the last 13 years. So, why is there a water problem? The reason is that there are many properties feeding water into a very flat zone having a high water table and a narrow, poorly designed outlet. Even during a "normal" precipitation year we have areas of soggy turf and standing water over a sizable area at the lower part of our lot. These conditions persist between rains due to a high water table. A heavy thunderstorm creates a rapidly flowing creek across our lot due to the steep terrain above us and to the west. During a wet year the affected area on our lot grows considerably in size and is characterized by significant ponding, soft, doughy turf, and a continuous welling up of ground water that runs over the surface and onto the applicant's parcel. These types of problems are also found on the two "downstream" neighboring properties as well. Our neighbors to the south are not as fortunate as we are. In a dry year conditions improve significantly on our lot, but even in a dry year the neighbors' water issues can be moderate to severe. The miserable state of our back yards is a regular topic of conversation. We have enjoyed the drier conditions of the past year. If you were to visit the area today you would find less evidence of the problems described above for average to wet years. When one examines the plan for the current proposal submitted by the developer it appears the intent is to divert some or even all of the runoff water from the development into a surface drainage swale extending toward and through the narrow southern portion of the parcel to a proposed storm drain at Rohret Road. Although the proposed plan for storm water diversion might seem logical we must make the committee aware of the longstanding issue of poor drainage and swampy conditions existing in the narrow rectangular strip extending south to Rohret Road and that these conditions extend into portions of the adjacent residential properties. Of note is the presence of the MidAmerican gas pipeline easement running through the applicant's parcel along the western border. Having the pipeline there greatly restricts the options for effective groundwater removal. We assume the developer is proposing an over -the- ground drainage Swale system because of this reason. Important drainage swale considerations: ❑ Will the swale be created above existing grade or dug -in below ground? What about the MidAmerican pipeline? (If constructed above ground then there is the risk of raising the water table in the problem area or creating a situation where the neighboring backyards become the lowest elevation.) ❑ Will the swale be constructed as full - length, all the way to the new storm drain, or will it stop short and spill out onto the flat? (Possible uncontrolled movement of water to bordering properties.) ❑ Will the proposed storm drain at Rohret Road be positioned low enough? (If the storm drain elevation is too high then chronic ponding may worsen. Please consider that siltation over the course of many years has likely raised the ground level near Rohret Road.) ❑ Will construction of a swale on the southern flat cut off the small creek channel that carries water from the west, thereby creating a backup situation? (New swale should NOT cut off the existing surface flow.) ❑ Will groundwater from the west be properly directed to the new proposed storm drain? (Currently, water must cross the applicant's property and make its way through a narrow outlet to a drainage box located between Walden Court and Rohret Road.) ❑ The proposed swale area is heavily wooded and shaded. Will trees be removed? Will anything be able to grow on the swale or will it have a liner and rock? (If not then what is to prevent it from washing away or silting in on the low end ?) To summarize the drainage issue we believe the latest proposal by the developers to handle the storm water runoff will introduce potentially large amounts of new water into a flat area with a history of chronic insufficient drainage. The result may be a worsening of retained water issues experienced by us and by our neighbors to the south. Any proposal to introduce new runoff from the east MUST provide consideration for drainage water feeding into the applicant's parcel from the west as far as Coll Drive. The applicant's drainage remedy should not impede water entering via underground or over the surface as acute runoff. Aside from the drainage issue a concern related to upzoning is that a high- density development may create an overflow- parking problem that would filter out into the surrounding neighborhood. Given the unusual size and somewhat limited usable space of the applicant's land sufficient on -site parking may not be accounted for. Our contention is that upzoning and adding a high- density development would likely bring an influx of additional cars with nowhere to go. Single- family residents on Walden Road and Jensen Street may find vehicles frequently parked in front of their homes long term where there were none before. We have observed that illegal parking on the prohibited side or Walden Road occurs on a regular basis. Of particular concern is the single entry /exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some 2 overflow parking spots. For safety's sake sufficient no- parking zones in the proximity of the entrance would be key to maintaining a proper margin for driver visibility. The land under consideration shares intimate borders with areas of development that maintain the quality characteristics of medium density neighborhoods. In our view a high- density development in place on the applicant's land would likely have an adverse effect on the integrity of the surrounding neighborhoods. OPD /RS -12 and RM -12 zoned areas are already present a short distance to the north and south of the applicant's parcel. As this is the last remaining undeveloped parcel in the immediate area, we feel that development of this land under current RS -8 zoning would complement the character, scale, and pattern of the surrounding residential development. In summary, it is our view that the rational development of this property does not support the upzoning of the land. The developer must provide compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. Development of the land under the current RS -8 zoning designation retains the most appeal. We feel the developer has not devised a suitable remedy for the water runoff issue and that the proposed drainage plan would have a substantially adverse effect on the use or value of our property and other properties in the area adjacent to the applicant's parcel. We thank the members of the Commission for their careful consideration of our input. Sincerely, 4&, t � - � �_ "I Brian Fink 44 Coll Ct Meigen Fink 44 Coll Ct Iowa City, IA 52246 Iowa City, IA 52246 3 Spring 2010. 44 Coll Court. Illustration of high water table and groundwater retention. Bottom: Walking in our back yard. 6 -15 -2010. Stormwater entering the backyard of 44 Coll Court, Iowa City. Stormwater exiting onto applicant's property. 6 -15 -2010. Stormwater exiting the back yard of 44 Coll Court follows a small creek channel across the pipeline easement at the southern end of the applicant's property. Karen Howard Subject: FW: Walden Road rezoning application From: Kevin Den Adel [mailto:kdenadel @mchsi.com] Sent: Wednesday, April 25, 2012 7:52 PM To: PlanningZoningPublic Subject: Walden Road rezoning application Dear Iowa City Planning and Zoning Committee: I am writing in response to the Southgate Development Company's rezoning application for the Walden Road propery by Mormon Trek Boulevard. I am unable to attend the May 3 public meeting due to work conflicts, but I have concerns about the proposed rezoning and want to make sure they are considered and part of the record. I reside at 54 Coll Court, so my back yard is adjacent to the strip of land which will contain the proposed "drainage swale" from the new development towards Rohret Road. My back yard slopes back up towards that land, so it becomes a collection area and takes significant time to drain after rainfall. My concern is that this drainage system will potentially funnel more water from that land onto my back yard and make an already poor situation even worse. I request that the Planning and Zoning Committee provide me with assurance that this project will not adversely affect my drainage situation. Both of my next -door neighbors (44 Coll Court and 45 Coll Court) deal with similar drainage issues in their backyards, so this project will also potentially affect their situations. Thank you for considering my concerns, and please let me know if you need additional information from me prior to the May 3 meeting. Sincerely, Kevin Den Adel 54 Coll Court Iowa City, IA 52246 Karen Howard Subject: FW: ZONING ON LOT 79 From: rtcary@earthlink.net [mailto:rtcary@earthlink.net] Sent: Wednesday, April 25, 2012 3 :43 PM To: PlanningZoningPublic Subject: ZONING ON LOT 79 A few years ago, I saw on the Iowa City website the city considered lot 79 of Walden Woods to be one of the most sensitive lots in the entire city. You will not see why driving by or stopping at Walden Road. You have to come over to where I live on Walden Court, which are the units to the south of lot 79. You must park your car and walk to the sidewalk between Walden Court and lot 79. You will see that many of the slopes on lot 79 are very steep, almost vertical. In the 1995 staff report about lot 79 (the lot has a long history this was April 20, 1995), it indicates "when the retirement center was constructed to the north of this parcel, problems with drainage and erosion resulted in adverse impact on the condominium property to the south along Walden Court." It is now 17 years later and my complex still has problems with large amounts of storm water and dirty water that lays down silt on our property. [Silt fabric will let this dirty under or through the fabric.] It is not possible to consider rezoning and subdivision as two different processes. To solve the problems the land may need to be down zoned rather than up zoned. Southgate will tell you they can fix the problems, but it has been more that 17 years and they still have not fixed the problems. Looking at the material the city sent out dated April 20, 2012 there are so many problems I can not list them all; however, I will list a few. There was general agreement that the 2009 site plan would not work to solve all problems and the 2012 plan has less problem solving features that the 2009 plan. Southgate was to use (in 2009) the Walden Court storm sewer to remove significant amouts of water in the middle of lot 79, but the city said our storm system was not up to city standards. Thus, there will be much water in the middle of lot 79 that will cross the surface over to our property. Southgate removed a large retention area (was in 2009 plan, but not in 2012 plan) that was behind units 1 to 3 in the 2009 plan. Southgate indicates they will put a swale on the gas easement; however, no details are provided. It looks like the areas on lot 79 will drain more water to Walden Court then to the easement. The holding area behind units 4 and 5 has steep slopes 18 -25 %, but this area is inches away from our sidewalk - - -- -kids walking along the sidewalk will fall in the holding area. The bottom line is lot 79 may need to be down zoned rather than up zoned. Wait until the city staff has found solutions that will work. Richard Cary, 2416 Walden Court 1 April 23, 2012 To: Iowa City Planning and Zoning Commission From: Bonnie Bender, 2415 Walden Ct., Iowa City, IA I am writing to share my concerns with the change in Zoning requested by Southgate Development Co for the 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard from Medium Density Single Family Residential (RS -8) Zone to High Density single Family Residential (RS -12) Zone. The increase in traffic out to Rohret Road and to Mormon Trek Boulevard with additional housing at the Medium Denisty Single Family Residential would be bad enough, but to change it to High Density is asking for trouble. The City should be making plans for additional outlets for traffic from the west on Rohret Road before changing the zoning in the area. I am opposed to the above requested change. Thank you. STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard Item: REZ09 -00003 Lot 79, Walden Wood Part 7 Date: July 16, 2009 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard P.O. Box 1907 Iowa City, IA 52244 -1907 Contact Person: Glenn Siders Phone: (319) 337 -4195 Requested Action: Rezoning from RS -8 to RS -12 Purpose: Development of residential townhouses Location: Lot fronts on both Walden Road and Mormon Trek Boulevard Size: 4.29 acres Existing Land Use and Zoning: Vacant / RS -8 Surrounding Land Use and Zoning: North: retirement home - OPD /RS -12 South: attached SF residential - OPD -8 East: utility substation - OPD -8 West: single family residential - OPD -8 Comprehensive Plan: Single family /duplex residential Southwest District Plan File Date: June 25, 2009 45 Day Limitation Period: August 7, 2009 BACKGROUND INFORMATION: Lot 79, Walden Wood Part 7 is the last remaining parcel of undeveloped land within the Walden Wood subdivision, which has been developed in various stages since the early 1980's and contains a variety of single family and attached housing types. Lot 79 is an irregular parcel of land that slopes steeply from north to south and has limited frontage on two streets, Walden Road and Mormon Trek Boulevard. While the property is only 200 to 300 feet in width from north to south, it extends approximately 720 feet from east to west. There is a 100 -foot wide gas pipeline easement that forms a 450 foot "dog leg" along the western edge of the property. Due to the sloping nature of the lot storm water drainage is a concern and will need to be carefully designed when the parcel is developed. K The applicant, Southgate Development, has requested a rezoning from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12). The applicant has requested RS -12 zoning in order to allow development of single family townhouses, which are proposed to be clustered along the frontages of Walden Road and Mormon Trek Boulevard. This clustering will allow more open space on the interior of the lot to construct storm water detention facilities to improve drainage in the area. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy' and have not had discussions with neighborhood representatives. However, the applicant has agreed to meet with representatives of the Walden Court condominium association to see if an agreement can be reached with regard to designing storm water management facilities for the proposed development, which may require connection into the private storm sewer system within Walden Court. ANALYSIS: Comprehensive Plan: The subject property is located in the Willow Creek Subarea of the Southwest Planning District of Iowa City. The Southwest District Plan indicates that this area is appropriate for single family and duplex residential. The plan mentions this property specifically given that it is one of several undeveloped parcels in the subarea. It states that the property "will require careful design due to its topographic conditions and the unusual shape and size." The applicant has requested rezoning from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12) and has provided a proposed lot layout indicating the intent to develop 18 townhouse - style, attached single family dwellings that would result in a residential density of approximately 4.2 units per acre. While this proposed residential density is at a level that would be allowed in the current RS -8 zone, the lot configuration and topography make it difficult to develop detached single family homes or duplexes, the allowed housing types in the RS -8 zone, without constructing another street. RS- 12 zoning will allow more flexibility to cluster the dwelling units along the limited street frontages thus avoiding construction of a cul -de -sac, which would be costly and land- consuming and not add to neighborhood street connectivity. By clustering the units and limiting the amount of paving, more of the lot will remain open space that can be used to manage storm water run -off and provide an amenity to residents. Staff finds a number of additional positive aspects to the proposed rezoning and lot layout: • The proposed residential density is compatible with surrounding development. The surrounding neighborhood contains a mix of attached and detached single family dwellings. The Walden Place retirement home is located directly to the north of the subject property. The retirement home faces the corner of Walden Road and Mormon Trek Boulevard with its parking area abutting the north property line of the subject property. • It allows development of townhouses, a popular and affordable housing type; • RS -12 zoning contains standards for townhouse dwellings that require that main entrances face the street, which is one element that helps create a residential appearance along the street. Garages are required to be located behind the dwellings and accessed from a rear drive. • The comprehensive plan encourages compact infill development in proximity to neighborhood services. Residents of the area will have easy pedestrian access to Walden Square, a nearby neighborhood commercial area. 3 There are a number of issues that remain to be resolved in order for this property to be developed: ■ Achievable residential density: It should be noted that there are a number of factors that could affect the actual number of dwelling units that can be achieved on this property, so the 18 units shown on the concept plan should be considered an estimate. The concept plan indicates that the drive will access Walden Road through the gas pipeline easement. The applicant will need to get permission from the gas company to build the drive in this location. Without this permission, the drive will need to be moved further north, which would likely reduce the number of dwellings possible along the Walden Road frontage. The sloping site may also be a complicating factor. Site grading, construction plans, and design of the stormwater management system will be other factors that may affect the number of dwelling units. These details will have to be worked out during the subdivision process. However, staff recommends that substantial compliance with the proposed lot layout be a condition of rezoning. • Vehicular and Emergency Access: The concept plan indicates that access to all the dwelling units will be from Walden Road. Staff supports this concept because it avoids additional driveways onto Mormon Trek Boulevard, an arterial street. To ensure that this concept is followed during the subdivision process, staff recommends that it be a condition of rezoning. Due to the length of the driveway and the configuration of the lots, the drive will need to be designed for emergency vehicles with a width of at least 20 feet and a turn - around that meets Fire Code standards. Given the compact lot configuration and the lack of on- street parking along Mormon Trek Boulevard, staff suggests that the applicant provide 3 or 4 visitor parking spaces along the private drive in a location that is convenient to the units along Mormon Trek Boulevard. • Open space and sensitive lands: The applicant has indicated that they would like to dedicate the land where the gas pipeline easement is located to the City to meet their open space requirement. The Parks Commission will look at that question, but it does not have to be resolved until a subdivision is proposed on the site. Similarly, when the applicant is ready to subdivide the property, they will have to submit a grading plan and sensitive areas site plan that indicates any disturbance of the steep and critical slopes on the property. These issues can be resolved during the subdivision stage, at which time a detailed grading plan will. be required and open space fees will be calculated. • Storm water management: - As mentioned previously, drainage is a concern for this property due to the sloping topography. Water from the site drains over land on to the neighboring Walden Court condominiums. Walden Court has a private storm sewer system, so there is currently not a means of piping the stormwater run -off from lot 79 into the public storm sewer system. The City Engineer has indicated that even if detention basins are built on the site they will need to have an outlet that connects by a pipe into the public storm sewer system. That may necessitate working out an agreement with the Walden Court homeowners' association to tap into their private storm sewer pipe in order to drain the water out to the public system along Rohret Road. In addition, the site will have to be graded to create an acceptable over -land route for the large storm events. To facilitate resolution of the drainage issue, staff has been in contact with representatives from the Walden Court homeowners' association and are trying to set up a meeting early next week between the homeowners' association, the applicant, their engineer, the city's engineer, and planning staff. In absence of acceptable plan to deal with storm water drainage, staff cannot recommend approval of this rezoning. Staff recommends deferral until the matter is resolved. lH RECOMMENDATION Staff recommends that REZ09- 00003, a request to rezone approximately 4.29 acres of property from RS -8 to RS -12 be deferred until there is a plan for storm water management that meets City standards. If the storm water management issues are resolved to the satisfaction of the City Engineer, staff recommends approval of REZ09 -00003 subject to a conditional zoning agreement that requires general compliance with the submitted concept plan regarding lot configuration and layout, rear drive access to all of the units from Walden Road, no vehicular access drive allowed from Mormon Trek Boulevard, and provision of a minimum of three visitor parking spaces along the rear drive near the units that front on Mormon Trek Boulevard. ATTACHMENTS: 1. Location Map 2. Concept plan Approved by: Robert Miklo, Senor Planner, Department of Planning and Community Development A� 0 � 1 ■ 11 •Cl 3 P. O U a �z H Oz ooZ o F�- z Qv � d3 � � 0 w 0 F Ow H z L 1bVd 'OOOM N301VM '6L 101 rma warvaoianao ups �ni�aza9 L r $� i"y. . Y 'fib, � 4 ' 's � e• v_ F 1 1 TZ d� qua Sul t '. 69 r.K,YC -695 .. � -- ... -, •.. .. ROnnLi90A0- - .: I 1 r i I I � i 1 N 5 G 7 3 7 Yq lg b si E: E v (b�c gg ai� tE33�$a ppgg City of Iowa City MEMORANDUM Date: August 14, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to defer REZ09 -00003 (Walden Woods, Part 7, Lot 79 The applicant for REZ09- 00003, Southgate Development, has requested a deferral of this item. They are still working out the details of an agreement with the Walden Court Homeowners Association with regard to storm water management. The applicant hopes to have an agreement in place prior to your September 3 meeting. City of Iowa City MEMORANDUM Date: August 28, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Request to defer REZ09 -00003 (Walden Woods, Part 7, Lot 79) The applicant for REZ09- 00003, Southgate Development, has requested another deferral of this item. They have not yet come to an agreement with the Walden Court Homeowners Association to use the private storm sewer pipe in Walden Court to convey the storm water run -off from detention basins on the proposed development site to the public storm sewer along Rohret Road. Until such an agreement is reached staff continues to recommend deferral. Given ongoing public interest in this proposed rezoning, staff will make every effort to inform surrounding property owners of the status of this item. The deferral request has been noted on the agenda that is posted to the City's website and in the newspaper. In addition, once the applicant is ready to proceed, we will send out notification by mail to all property owners within 300 feet of the property and any others that have provided input regarding this application. Attached is a letter received this week from a neighboring property owner regarding this rezoning item. Karen Howard From: rtcary@earthlink.net Sent: Thursday, July 02, 2009 2:09 PM To: Karen Howard Subject: Lot 79 Walden Woods In the past, letters from the city about this lot have had much more information about the projects. It is like you are hiding something. I live at 2416 Walden Court directly south of the project. My building has flooded because of storm water from this land. I have the following questions. Has this project been approved by both city staff and city engineers? Will this project use our private storm sewer pipes as has been proposed in the past? Are you going to allow slopes up to 40% on this land? By my math you are going to allow 30 cubic feet of water per minute off this lot on to our lot - - -is this true? The water comming off this lot does not drain directly south. Once the water gets on the sidewalk it flows to the east toward the back of my building which is very low. Did Hall and Hall Engineers look at the land to the south of this project? It appears that much soil on lot 79 will have to be moved to make way for the road. How are you going to stabalize this land? This project is going to cause the people at Walden Court many problems. Who will pay if my building floods again? I have pictures of past problems from this lot. Richard Cary 1 Page 1 of 1 From: Aaron Stump [aaron.stump @gmail.com] Sent: Thursday, July 09, 2009 9:49 AM To: PlanningZoningPublic Subject: Walden Road (REZ09- 00003) Dear Iowa City Planning and Zoning Commission, We are just writing to express our general support for the rezoning of the parcel of land on Walden Road, west of Mormon Trek Blvd. We live at 1156 Mormon Trek Blvd., in the Willow Creek Condos, just on the opposite side of Mormon Trek from the proposed rezoning area. We are generally supportive of responsible development in Iowa City, and see no difficulties personally if that parcel were redeveloped. Even if it included road access to Mormon Trek, it would not cause us any significant foreseeable inconvenience (the only possible issue being the fact that such road access would enter Mormon Trek at around the same point as our road access from Willow Creek Condos) -- but we note that the proposed plan does not include road access to Mormon Trek. Best regards, Aaron & Madeliene Stump 1156 Mormon Trek Blvd. (Willow Creek Condos) 7/9/2009 July 14, 2009 Planning and Zoning Commission c/o Janet Dvorsky Administrative Secretary Department of Planning and Community Development 410 East Washington Street Iowa City, Iowa 52240 -1826 Re: Walden Road (REZ09- 00003) Dear Members: First of all, thank you so much for serving on this Commission. I realize that this membership puts you in a no -win situation, but hope that the interesting situations you encounter make the time you spend worthwhile. On the matter of the Walden Road rezoning, I have the following comments: 1. I have lived on the comer of Jensen Street and Walden Road for 15 years and this neighborhood's families care about the appearance of their homes. Every yard and home is well kept with timely lawn mowing and snow removal. 2. My greatest concern is the density of people that will be added to this neighborhood. I have witnessed the conduct of inhabitants of the duplexes along Walden Road and find the number of cars connected with them is alarming. Each duplex has a double garage but this is not sufficient for the occupants. They will have four cars in the driveway, some on the lawn (not legal), and the open parking on Walden Road (along the proposed townhouses) is always full. So, if the 18 townhouses rent to four people and of course, they all need a car; this will add 72 more cars in this area. This is alarming especially since this area is not eligible for busing to Weber School. Every day (regardless of weather) I see at least a dozen children from the rentals behind Kum N Go on Morman Trek walk to school. This increase in cars undoubtedly will contribute to greater danger to any pedestrian. 3. The maintenance by the occupants of the townhouses has been very questionable. They don't seem to own a snow shovel and as a walker I find it dangerous to use that side of the street. No appreciation of the neighborhood is apparent. A number of the people in our neighborhood are self - appointed litter "picker- uppers." 4. Walden Road has a great amount of traffic. It is used as a throughway to Rohret Road to avoid the stop light at Rohret Road and Mormon Trek. Also, there are a large number of homes (once again, with at least two cars per household) who use Walden Road numerous times a day. Therefore I find the added density of cars and people (negligent in the area of appreciation of neighborhood ideals) to be very alarming. Now, I have a solution. Iowa City needs a botanical center. Wouldn't it be wonderful to have an area with native trees, plants, and sanctuary for birds, etc.? We could name it the Braverman Botanical Center. A more meaningful tribute to the man as opposed to more townhouses. I can hear you laughing way out here to Jensen Street. Thank you for considering my thoughts. Sincerely, b3argafet Loomer August 25, 2009 Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission, We are submitting comments regarding the application (REZ09- 00003) submitted by Southgate Development Company for a rezoning of a 4.29 -acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS -12). My wife Meigen Fink and I are residents of a home on property that borders the applicant's land along the west side. We would like to bring to the attention of the Commission a set of issues related to this application that include the character and scale of the proposed development concept and the potentially negative effect that a high density development would have on the surrounding neighborhood if the application were approved. Our first concern is that a high- density development would likely create an overflow- parking problem that would filter out into the surrounding neighborhood. Given the unusual size and shape limitations of the applicant's land we find it highly unlikely that enough off street parking would be included in a plan designed to maximize unit density. The basis of this thinking comes from our observation of the five duplexes located on the stretch of Walden Road situated on the hill leading up to the proposed entry of the applicant's land. The development of these duplexes by Southgate in the mid 1990s has attracted a population of those who appear to be University students, as we have observed a yearly turnover of residents. There is the impression from the number of vehicles associated with these residences that there is one car per bedroom in these units. Our contention is that upzoning this land and adding a high- density development would likely bring an influx of unrelated persons living together, and likewise a large number of cars with nowhere to go. Of particular concern is the single entry /exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some overflow parking spots. In our assessment, potential vehicle overflow from the - proposed development would promote the parking of vehicles further down Walden Rd and Jensen St. Single- family residents on those streets would now find vehicles frequently parked in front of their homes long term where there were none before. The frequency of illegal parking on the prohibited side of Walden Road would likely increase, causing concern for emergency vehicle access. Certainly the intent of the original base zoning (RS -8) for this area was that the majority of vehicles owned and operated by the residents who live there year round would be parked off - street. There is the likelihood that this premise would be violated if high- density zoning is granted. -2— August 25, 2009 The land under consideration shares intimate borders with areas of development that maintain the characteristics of a quality neighborhood, namely the Walden Court and Coll Court neighborhoods. A high- density development in place on the applicant's land would likely have an adverse effect on the integrity of these neighborhoods that border it. The surrounding land was developed in stages over many years and yet the immediate area retains a zoning of RS -8 or OPD -8. In our conversations with longtime residents of this area it was learned that residents organized to protect and uphold the character of the medium density development area in which we live, despite past attempts to upzone nearby properties. Increased traffic and noise is not what is desired on this tract of land that sits between a quiet retirement facility (Walden Place) and a neighborhood of widows and retirees (Walden Court). High - density development may have an effect to lower resale values of bordering properties. As it is the last remaining undeveloped parcel in the area, we would welcome development of this land under current RS -8 zoning and feel it would complement our neighborhoods. The solution to dealing with storm water runoff has been identified as the largest issue to overcome before proceeding with consideration of the application. This issue is of most concern to the Walden Court residents, as they are directly downhill from the development. We would, however, like to point out that the drainage issue directly affects fifteen property owners directly to the west of the parcel under consideration for rezoning. The entire backyard runoff from each of these fifteen lots is funneled down through the four properties that border the pipeline easement on the west. This drainage is then required to cross the pipeline easement to reach a city storm water receptacle near Rohret Rd. The south end of the pipeline easement is very flat and swampy. This effectively renders portions of three of the bordering properties mucky and useless. Having lived in our home for more than 10 years, we can attest that there has been a worsening of the drainage over time as a gradual silting -in occurs. For this reason we want the commission to know that though we are a much smaller part of the drainage equation, we have been affected by the problem on a long -term basis as well. Much of the pipeline easement is sloped so that it adds to the runoff. Any grading or construction over the upper end of the easement, as is proposed in the concept plan, may compound our backyard drainage issues. This may occur if silt from soil grading during construction finds its way to the south, compounding already - poor drainage. In summary, it is our view that the rational development of this property does not support the upzoning of the land. The developer has not provided enough compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. We feel the developer has not fully supported all variance approval criteria in section 14 -4B of the Iowa City Zoning Code. Development of the land under the current RS -8 zoning designation retains the most appeal. Sincerely, tL Brian Fink Meigen Fink 44 Coll Court 44 Coll Court Iowa City, Iowa 52246 Iowa City, Iowa 52246 August 31, 2009 AM& Aft Iowa City Planning and Zoning Commission City of Iowa City Dept. of Planning Attn: Karen Howard 410 E. Washington St. Iowa City, IA 52240 Dear Iowa City Planning and Zoning Commission, I am submitting comments regarding the application (REZ09- 00003) submitted by Southgate Development Company for a rezoning of a 4.29 acre property located on Walden Road, west of Mormon Trek Boulevard, from Medium Density Single Family Residential (RS -8) to High Density Single Family Residential (RS- 12). I would like to bring to the attention of the Commission a set of issues related to this application that include the character and scale of the proposed development concept and the potentially negative effect that the concept development would have on the surrounding neighborhood if the application were approved. My concern is that a high - density development would likely create an overflow - parking problem that would filter out into the surrounding neighborhood. The basis of this thinking comes from our observation of the five duplexes located on the stretch of Walden Road situated on the hill leading up to the proposed entry of the applicant's land. The development of these duplexes by Southgate in the mid 1990s has attracted a population of those who appear to be University students, as we have observed a yearly turnover of residents. There is the impression from the number of vehicles associated with these residences that there is one car per bedroom in these units. My contention is that upzoning this land and adding a high - density development would likely bring an influx of unrelated persons living together, and likewise a large number of cars with nowhere to go. Given the unusual size and shape limitations of the applicant's land we find it highly unlikely that enough off street parking would be included in a plan designed to maximize unit density. Of particular concern is the single entry/exit on Walden Road, which is situated on a tight curve at the crest of a hill on Walden Road. Currently this stretch of road assumes the majority of overflow parking. Construction of the proposed entry to the development would eliminate some overflow parking spots. In our assessment, potential vehicle overflow from the proposed development would promote the parking of vehicles further down Walden Rd and Jensen St. Single- family residents on those streets would now find vehicles frequently parked in front of their homes long term where there were none before. The frequency of illegal parking on the prohibited side of Walden Road would likely increase, causing concern for emergency vehicle access. Certainly the intent of the original base zoning (RS -8) for this area was that the majority of vehicles owned and operated by the residents who live there year round would be parked off - street. There is the likelihood that this premise would be violated if high - density zoning is granted. It is my view that the rational development of this property does not support the upzoning of the land. The developer has not provided enough compelling reasons why the land and the surrounding neighborhoods would be best served by increasing the unit density on this parcel. I feel the developer has not fully supported all variance approval criteria in section 14-413 of the Iowa City Zoning Code. Development of the land under the current RS -8 zoning designation retains the most appeal. Sincerely, Jinhua Xiang 2601 Walden Rd. Iowa City, Iowa 52246 a 0 MINUTES APPROVED PLANNING AND ZONING COMMISSION JULY 16, 2009 — 7:30 PM — FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Michelle Payne, Tim Weitzel, Elizabeth Koppes, Wally Plahutnik, Josh Busard, Charlie Eastham MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Glenn Siders, Kim Edge, Kevin Don Adel, Meigen Fink, Jason Mascher, Brian Fink, Libris Fidelis, Dorothy Dayton, Glen Stockton, Brian Maass RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7 -0 to approve SUB09 -00004, an application submitted by Arlington Development for a preliminary plat of Stone Bridge Estates Part 6 -9, a 102 -lot, 36.32 acre residential subdivision located north of Court Street, south of Lower West Branch Road, west of Taft Avenue. CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING USE ITEM: REZ09- 00003: Discussion of an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS -8) zone to High Density Single Family Residential (RS -12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. The 45-day limitation period for this item is August 7, 2009. Eastham announced that he was a member of a Board that has an interest in this application and recused himself. Howard described the property as irregular in shape, and as the last remaining parcel of the Walden Wood subdivision located at Rohret Road, Mormon Trek Boulevard and Walden Road. The Walden Wood subdivision has been developed over the last 30 years, Howard said. Howard presented an aerial photograph for a better idea of the surrounding area and its topography. Just to the north of the parcel is a retirement home. Across the street are some single family homes and duplexes. To the south is a condominium association with attached units. A MidAmerican power station is to the east of the parcel. Howard shared several photographs which showed various viewpoints of the parcel, noting the slope from north to south on the property. Howard said the applicant has submitted a concept plan. She noted, however, that this application was just for a rezoning, and that the concept plan was intended to show how the property would be developed in the future if it was rezoned. The plan shows the developer's intent to further subdivide the property into individual townhouse lots. The concept plan illustrated 18 units that front on both Mormon Trek Boulevard and Walden Road. There would be a private, rear drive with access to the garages behind the units. Howard advised the Commission to keep in mind that this is a concept plan, not a subdivision application at this point. Planning and Zoning Commission July 16, 2009 - Formal Page 2 Staff reviewed the Comprehensive Plan to determine if the application was compatible with its vision for the area. Howard said the property is in the Willow Creek area of the Southwest Planning District. The district plan indicates that this area is appropriate for single family and duplex residential. The plan specifically mentions this property, as it is one of the few remaining undeveloped parcels in that area. The plan states that the property will require careful design given its topographic conditions and its unusual shape and size. Howard said that the topography and shape would make the property difficult to develop into detached single family homes, which is what would be allowed under the current zoning of RS -8; thus, the request for a rezoning to RS -12. The level of density being proposed would still fall under the RS -8 zoning levels; the RS -12 zoning is being requested to allow for attached townhome -style single family dwellings. Howard noted that there were a number of positive aspects to the proposed rezoning and lot lay -out. The proposal is compatible with the density of the surrounding development, which has quite a mix of different housing types. It allows the construction of townhouses, a popular and affordable housing type. The RS- 12 zone contains requirements for the main entrance of a dwelling to face the street and for a rear drive with garages behind, both of which give the dwellings more of a residential appearance. The Comprehensive Plan encourages compact infill development, Howard said, as well as proximity to neighborhood services. Howard said this property is close by a neighborhood commercial area and would therefore be a good location for additional housing. Howard noted, however, that there are a number of issues that still need to be addressed. First, the concept plan submitted is just that, a concept plan, and as such the achievable residential density cannot actually be determined until the property is designed and engineered. If, for example, MidAmerican Energy does not allow a driveway to be located over the gas pipeline easement, it may mean that fewer dwellings can be achieved. Vehicular and emergency access will need to be from Walden Road, as the City will not allow another access from the heavily trafficked Mormon Trek Boulevard. With access coming from a private rear drive, it will have to be designed to accommodate emergency vehicles. The applicant has also indicated that they would like to dedicate the land that contains the gas pipeline to the City as open space. This idea has been forwarded to the Parks and Recreation Commission, but will not be officially decided until a subdivision application is received. Howard said the biggest outstanding issue was storm -water management. Drainage is a concern for this property due to the sloping topography. The water from the site drains from north to south over land onto the neighboring Walden Court Condominiums. The applicant has proposed a system of one or more stormwater detention basins, but these basins would need to have an outlet into a storm sewer pipe. Given that the only feasible storm sewer available is the private system that serves the Walden Court Condominiums, the developer will have to get permission from the Walden Court Homeowners Association for this connection. Before development can occur, there will need to be an agreement between the Walden Court Condominium homeowners' association and the developer to get the water drained off the property properly. Staff met with both parties today and it sounds like they are willing to work together to come to some sort of resolution. Until a final agreement can be worked out, staff is recommending deferral of this application for rezoning. If the developer and condominium association come to an agreement whereby the proposed development can tie into Walden Court's private storm sewer so the water can drain out to the public storm sewer along Rohret Road, then staff recommends proceeding with consideration of the rezoning application. Howard noted that the City Engineer has indicated that the City may be willing to take over the private storm sewer system in Walden Court if is it determined to be up to City standards. Staff recommends that the application be deferred until the next Planning and Zoning meeting so that an agreement can be reached between the condominium association and the developer on the issue of drainage. If at that time no agreement has been reached, then Staff would recommend indefinite deferral of the application. The staff report outlines Staffs other recommendations, to be resolved after the drainage issue has been worked out. There were no questions for Staff and the public hearing was opened. Glenn Siders, Southgate Development Services, said that he understood that the matter would be deferred at tonight's meeting and that he would not waste the Commissioner's time with a presentation, but that he is available for any questions. He said that he has no conflicts with Howard's presentation or Planning and Zoning Commission July 16, 2009 - Formal Page 3 the staff report. He said that he is optimistic an agreement can be reached, and that each time the two parties have met over the last two years they have come closer to reaching an agreement. Kim Edge, 2633 Walden Road, said she had lived in her residence for 15 years. She said that she and her husband are hoping that the Commission will not rezone the property to be higher density because they are concerned about noise and traffic. Edge said that the neighbors had been asked by the City to vote ten years ago as to whether or not they wanted this strip of land returned to native prairie. She said that while the residents had voted in favor of returning the property to prairie, the prairie never came to fruition. She said she once called the City to ask what had become of the prairie idea and that the person she spoke with knew nothing about the vote. Freerks asked Miklo if he could show what strip of land Edge might be talking about. Miklo pointed to an area on the map where the gas pipeline easement is located north of the subject property and asked if this was the park land to which Edge was referring. She said that it must be. Miklo said it was an area that was dedicated to the City for a park when the property to the north was developed. He said that generally the Parks and Recreation Commission develops parks with resident input, and that may be the process to which Edge was referring. He said that Staff could check on it. Kevin Don Adel, 43 Coll Court, described himself as a homeowner at the end of Coll Court, in the middle of the cul de sac. He said that he wanted to make sure that the homeowners adjacent to the property are a part of the discussions concerning drainage. He said the adjacent properties currently had some water in their back yards, and he is worried that what might be a solution for the condominium association and the developer, may prove to exacerbate the water problem for other neighbors. He said he just wanted to ensure that homeowners like him are included in these discussions. Freerks asked for clarification on whether Don Adel was a member of the homeowners' association that had met with Staff and the developer earlier in the day. Don Adel said he was not. Meigen Fink, 44 Coll Court, said that she lived right next to Don Adel. She said her family has lived in that residence for nearly 11 years and has had drainage problems almost the entire time they have lived there. She said that her back -yard is always wet, and that they have assumed it is coming from over the hill. Fink said she worries that if this property is developed her yard will become a swamp. Fink noted that where the proposal suggests a sidewalk, currently a wooded easement area exists which she fears will be disturbed. She said she also had concerns about the type of properties that will be developed there and the types of people who will be living there. She asked if the storm -water retention would involve ponds; something which concerned her because there are many small children in the area. Freerks asked Siders if he would mind addressing the concept plan's drainage system. Siders said that he is presently anticipating two storm water basins, and that they are trying to design a system that would shed the water from the parcel into the ponds. Siders said that re- grading the area will go a long way toward assisting neighboring properties with their drainage problems. Siders said the basins would be designed as "dry bottom" ponds, meaning that there is no water in them except when there are heavy rain events. Siders also explained that the rectangular section on the west side of the property is something the Parks Department is looking at. He said that department will determine whether or not a sidewalk would be desirable there. He said that the walkway easement that is shown on the map currently was actually vacated some years ago. Siders said that some language about making a connection between Walden Road and Mormon Trek Boulevard along the northern boundary of the property was involved in that vacation, but that that would probably be renegotiated once the platting of the property begins. Koppes said she thought Fink's other question might be related to the number of units in the development that could be dedicated to low- income housing. Siders said he did not have a clue, and that he did not anticipate any right now. Greenwood Hektoen said that the Commission really should not consider who will be living in the unit. She said the job at hand is to consider what the best use of the land is. She said that zoning cannot be done based on who may live in a certain area, but should be based on the compatibility of the use with the neighborhood. Income level should not be a factor, Greenwood Hektoen said. Planning and Zoning Commission July 16, 2009 - Formal Page 4 Busard asked how many single family homes could be built on the land if it kept its RS -8 designation. Siders said two homes at best. Siders said there are access issues as he does not think access would ever be granted off of Mormon Trek. He said there is a 100 foot gas line easement that is very limiting. He said it could probably be subdivided into two single family lots. Miklo said that Staff looked at that question and had felt that it might be possible to get four homes on Walden Road with the required 40 foot lots and rear access. He said whether it would be viable to get four more lots on the Mormon Trek side for single family was questionable. Jason Mascher, 45 Coll Court, said he and his wife had moved to their home in April. His concern is the drainage issues in his back yard. He said that all of the neighborhood yards are wet as there is not enough grading for the water to run toward the ravine behind his home. Mascher said that he is worried that the drainage issues would be exacerbated by further development and that he too would like to be a part of discussions with the developer, the condominium association, and Staff regarding drainage. Mascher said he is definitely not in favor of a sidewalk that runs from Walden to Rohret Road as it would severely disturb the privacy of the four homes in his area. He said he is in favor of more single family homes rather than a higher density development. Brian Fink, 44 Coll Court, said that in addition to his concerns about drainage, he had major concerns about the trail shown going through the easement. The easement serves as a very valuable, heavily wooded buffer, Fink said, between his neighborhood and the new development to the right. Fink said he would suggest moving the trail from its proposed location further away from the property lines to promote privacy. Howard suggested that she could clarify this issue somewhat. Howard said that when the property was originally subdivided, there was an agreement to have a sidewalk, a public access in that location. Freerks asked how long ago that was. Miklo replied that he believed it was in the 1980's. Howard said that a portion of the sidewalk was built behind the Walden Court condominiums, but the portion in the gas pipeline easement was never built because the developer asked to have that portion vacated because it was too steep to make it accessible. The City agreed to vacate that easement. Howard explained that even though the easement does appear on the map, it really is no longer there and should be taken off of the map. Howard further explained that there is no plan by the developer to put a sidewalk in that location; it is a remnant on the map of former plans. The developer would like to dedicate the 100 foot wide gas pipeline easement to the City as an open space designation. This would then become park land if the Parks and Recreation Commission agreed to accept it. It would not be until the Parks and Recreation Commission accepted the land that discussions as to what to do with it would take place. Freerks noted that there would be public discussion and conversation about what became of the park. Howard said that was correct, and that at this stage the Parks and Recreation Commission has not even had a chance to take a look at it. Miklo pointed out that to the south of Rohret Road there is a trail that is dedicated to the City as a part of the parks system. The trail goes through the Mormon Trek Village area. Miklo said that the thinking at one time was that it might be possible to extend that trail up through the pipeline easement and through to the north. Miklo said that Parks and Recreation will look at topography as one basis for making its decision about the land's use. Miklo said there is some discussion that the topography of this piece of land may be too steep for a trail. He suggested that property owners in the area who wished to weigh in on the matter send an e-mail or letter to the Parks and Recreation Director. Freerks noted that the necessary e-mail address is available online or could be found by contacting Staff. Jason Mascher, 45 Coll Court, asked who he could get contact information from for Southgate or Walden Court residents in order to collaborate with them. Freerks advised Mascher to wait until the Commission finished and then to talk to Siders directly. She said if he had any troubles he could contact Staff. Libris Fidelis, 320 South Dubuque Street, said that although he had arrived late due to his attendance at a different Commission's meeting, and had neither seen the plans for the development nor heard the discussions regarding them, he would advise against any high density housing for the area as it would not really fit in with the neighborhood. Fidelis said that given the strange shape of the parcel, trying to cram a large number of units into the area could give the wrong impression and would be like an old- fashioned trailer park. Fidelis said that he sympathized with the developer and the property owners, but that he just did not see high density as a good option for that piece of property. Fidelis said there are small houses Planning and Zoning Commission July 16, 2009 - Formal Page 5 located all over Iowa City that have 1600 square feet or fewer. Fidelis said that smaller houses of this type could be offered to low- income individuals with some sort of steady income; however, not for those who are simply impoverished. Fidelis said there is a need in the community for small residences for low income individuals and retirees. Fidelis said that he personally would like to purchase such a home on Park Street; however, given the economic situation and his own lack of funds, he is left out completely of such an opportunity. He stated that high density housing in that neighborhood would detract from it and would generally not fit in. Dorothy Dayton, Walden Court, said that she has a little trouble seeing why high density would not fit in nicely in that space. Dayton said that on the right side of Mormon Trek there are townhomes; south of Rohret Road there are also townhomes and a condominium association; Walden Court is duplexes. Dayton said that it seemed to her that there was high density development in that neighborhood already so she did not see how Southgate's plan was out of sync with the neighborhood. She said it certainly seemed like a better use of the land than to let it sit there vacant. Dayton said that Southgate's plan leaves about 83% of the land without buildings on it. She said that the property will undoubtedly be developed sometime, and that this is the best plan she has seen for it. Jason Mascher, 45 Coll Court, said he disagreed with Dayton. He said that he believes that having the area less densely populated is also a viable option, and one he wishes the developer would more fully investigate. Mascher said that while there is a mix of housing in the area, if one asked the families in the surrounding neighborhoods, most of them would say they prefer a lower density than that currently proposed by Southgate. There were no further comments and Freerks closed the public hearing. Payne motioned to defer REZ09- 00003, a request to rezone approximately 4.29 acres from Medium Density Single Family Residential (RS -8) zone to High Density Single Family Residential (RS -12), until there is a plan for storm -water management that meets City standards. Koppes seconded. Miklo said that the deferral would be until the August 6th agenda. If there is no resolution prior to August 6`h, then the meeting would be cancelled and the issue would be put on the August 20th agenda. Freerks noted that generally a deferral would have to be granted by the applicant at this point. Miklo said that the 45 -day limitation period would have to be waived in order for the matter to be deferred beyond the August 6th meeting. Siders indicated that a waiver would be granted if needed. Miklo said that interested parties could check the City's website closer to the 6th, or call into the Planning office that week to make sure there is a meeting. Weitzel said the landscape was clearly steep and that it was obvious something would have to be done on drainage issues given the number and variety of comments on the subject. He said he thought it was entirely appropriate to defer. Freerks said it is clear that there are some issues that have to be worked through and that regardless of what sort of development takes place on the lot in the future, it would have to be something that improves the drainage situation overall and does not make things worse. Freerks said this was something she would be looking at as she considers the matter. She agreed that deferral was the best course for now. A vote was taken and the motion carried 6 -0 (Eastham abstaining). DEVELOPMENT ITEM: SUB09- 00004: Discussion of an application submitted by Arlington Development for a preliminary plat of Stone Bridge Estates Part 6 -9, a 102 -lot, 36.32 acre residential subdivision located north of Court Street, south of Lower West Branch Road, west of Taft Avenue. The 45-day limitation period for this is August 10, 2009. Miklo said that the preliminary plat of Stone Bridge Estates, parts 5 -9, was approved in 2006. Miklo explained that Part 5 is down along Court Street and that it has been final platted, allowing the developer r C MINUTES APPROVED PLANNING AND ZONING COMMISSION AUGUST 20, 2009 — 7:30 PM — FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Ann Freerks, Michelle Payne, Tim Weitzel, Elizabeth Koppes, Wally Plahutnik, Josh Busard, Charlie Eastham MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Patricia Patton, Margaret Loomer, Sheila Cushing, Peter McNally, Glen Meisner, Brenda Christener RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -1 ( Plahutnik voting no) to approve REZ09- 00004, an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The Commission voted 7 -0 to approve REZ09- 00005, an application submitted by The Breese Co., LLC for a rezoning from Community Commercial (CC -2) zone to Intensive Commercial (CI -1) zone for approximately 3,450 square feet of property located at 611 Southgate Avenue. The Commission voted 6-0 ( Busard abstaining) to approve SUB09- 00006 /SUB09- 00007, an application submitted by Johnson County Extension Service for a preliminary and final plat of Johnson County Extension Service, a 1 -lot, 1.64 acre subdivision located at 4265 Oak Crest Hill. CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING USE ITEM: REZ09- 00003: Discussion of an application submitted by Southgate Development Company for a rezoning from Medium Density Single Family Residential (RS -8) zone to High Density Single Family Residential (RS -12) zone for approximately 4.29 acres of property located on Walden Road, west of Mormon Trek Boulevard. The 45 -day limitation period for this item has been waived. Eastham announced that he was abstaining from consideration of this item. Freerks noted that the applicant has requested the item be deferred to the September 3`d meeting of the Planning and Zoning Commission. Howard noted that the property owner is negotiating with the owners of Walden Court Condominiums regarding drainage issues and that is the reason the deferral was requested. Freerks said she would open the public hearing on the matter in spite of the deferral as there seemed to be some people present who wished to speak to the issue. Planning and Zoning Col9fsnission August 20, 2009 - Formal Page 2 of 9 The public hearing was opened. Patricia Payton, 2428 Walden Court, said her property is at the bottom of the hill from the property being considered for rezoning. She said that her property has suffered water damage many times and that until the association hired a lawyer and an engineer, no cooperation from Southgate, the adjacent property owner, had been forthcoming. Payton said clay and mud run -off from Southgate's property had been a problem ever since the trees and vegetation had been removed fifteen years prior. She said that some neighbors had foundation issues as a result of the clay and mud, and some had issues with the interiors of their homes. Payton said that the idea of densely populated construction on that site is a scary thing to the homeowners below it. Payton said that a lake often forms in the yards of homeowners at the bottom of the hill as a result of run -off from that property. She said the neighbors have had bad experiences with this property and that she is not convinced of Southgate's claims that they will be good neighbors if allowed to rezone the property. She said that she herself has considered moving because of this issue. Freerks asked if the run -off issues had continued within the last year. Payton said that she had had water issues, but that she had had to dig out around her foundation and reinforce it with stone in the past to prevent further mud and clay issues. Payton said that the neighbors had had to install heavy duty fencing to catch the mud as it slid down the hill and prevent it from covering their sidewalks. She said the property was mowed about once a year and had been graded once in about ten years. She said that because the property is a hillside, there will be nowhere for the water to go but down if buildings are constructed on it. Freerks asked if Payton had attended any of the neighbor meetings with Southgate. She said she had but that the information provided had not satisfied her that the development was a good idea. Payton said she believed that by deferring, Southgate is trying to wait out the neighbors until they no longer show up at the Planning and Zoning meetings. Margaret Loomer, 1248 Jensen Street, said she had safety concerns with the development. She said the parking in the area is not sufficient for the density of the area already, much less if the proposed condominiums were built. Loomer said that Walden Road is notorious as a short cut from Rohret Road to Mormon Trek, and that as a result there is quite a bit of traffic in what is supposed to be a quiet neighborhood. Loomer said she is concerned for children who have to walk to school in the neighborhood. She also is concerned about the aesthetics of the neighborhood, especially if the development is intended to be renter - occupied. Loomer said she would like to see the density cut down some at the very least. Sheila Cushing, 2409 Walden Court, said she wished to reiterate the concerns about the traffic flow. She said there is no stoplight and no way of making provisions for one at Walden Road and Mormon Trek, and that it is somewhat of a blind turn for those attempting to make a left turn there. She said adding a high- density unit there would really obstruct traffic flow. She said that the drainage and traffic issues should both be taken into consideration. Freerks closed public hearing. Weitzel moved to defer to the September 3 ►d meeting. Koppes seconded. Koppes asked if the applicant had indicated if they would be ready by the September 3rd meeting. Freerks noted that it was the applicant who wished to defer to that date. Koppes said it would be a shame to have everyone come back on the 3rd and then have the matter deferred again. Howard said she had been in contact with the Walden Court Homeowners' Association and Southgate and would continue to monitor the situation. Miklo said that people could call the Planning Department or check the website to make sure the matter was on the agenda before coming to the meeting September 3rd . He said he would also like to point out that the Planning and Zoning Commission will begin meeting at 7:00 p.m. instead of 7:30 p.m. as of the September 3rd meeting. Plahutnik asked if he was correct in believing that this matter would not proceed at all until there was an agreement with the homeowners' association regarding the drainage problem. Howard said this was Staffs recommendation. Freerks said that the Commission would make that determination, but that as Planning and Zoning COQ'Mission August 20, 2009 - Formal Page 3 of 9 she had expressed previously, she certainly was not interested in making the drainage issues worse than they were presently. Howard said the drainage agreement in question is one that would allow the developer to tie in with the private storm -water system owned by Walden Court. Further drainage issues would be resolved at the subdivision level. Howard said it would be difficult to find a way to properly drain the property without tying into the private drainage. Payne noted that if no agreement was reached it would continue to drain the way it did now, which was also unsatisfactory to the neighbors. Howard said ultimately the property could not be developed without dealing with the drainage issues. A vote was taken and the motion to defer passed 6-0 (Eastham abstaining). Freerks advised the public to check in with city staff regarding the September 3`d meeting to see if the item would be deferred to a later date. REZ09- 00004: Discussion of an application submitted by Iowa Wireless Services, LLC for a text amendment to allow communication towers in Interim Development Residential zones. The 45- day limitation period ends September 7, 2009. Howard stated that Interim Development is a designation given to land that has been annexed, but has no public services available to it and is not yet ready for development. She explained that this is a sort of "holding" zone for land. These zones allow certain agricultural uses, single family homes and very limited development. The future zoning for this particular area is marked out to potentially be multi - family residential and single family residential. The request is to allow cell towers in the area. Staff did some research into what other cities in Iowa were allowing and found that many cities were allowing towers in similar zones, though there were strict guidelines and it usually had to go through a special exception process. Howard said that Staff developed language modeled after the zoning code language for Neighborhood Commercial zones and their provisions for cell phone towers. Howard said that Staff recommended including the strict restrictions found in the Neighborhood Commercial (CN -1) zones if the Commission decided to go forward with allowing towers in Interim Development Residential zones. Howard said that one concern is that communication towers will detract from the aesthetics of future residential areas. Howard said the design of cell phone towers has evolved to be less obtrusive. Howard said that either stealth /camouflage design or mono -pole designs could be incorporated into a residential setting. She said that Staff believed that so long as the location of these towers was carefully considered by the Board of Adjustment they could be allowed without detriment to the aesthetics of the area. She noted that there have been issues of poor cell phone coverage in the area, particularly in the northeast area of the city. Howard led the Commission through a series of maps showing areas that could possibly be affected. Busard asked if increasing the height restriction from 120 feet to 150 feet would better serve Staffs goal of having towers co- located. Howard said that it would depend on the tower and its desired coverage, but that 120 feet provided plenty of range. Busard asked about the setback requirements for the towers, and Howard explained that the setback requirements applied only to adjacent residential properties. Plahutnik asked where towers are currently allowed, and Miklo explained that towers are currently allowed in industrial zones and are allowed by special exception in the commercial and public zones. Plahutnik said that he would like to see a map showing where the towers are currently allowed and located to be able to determine if this change was necessary. Howard said topography was a factor in the effectiveness of towers. Payne noted that in the special exception process the applicant would have to prove that the tower could not be effectively placed in an area that already allowed the tower. Howard said an applicant would have to: 1) check to see if the tower could be co- located on an existing tower, and then 2) check to see if there are any other industrial or commercial properties available, and, finally, 3) take it before the Board of Adjustment. r Marian Karr From: Kieft, David W <david -kieft @uiowa.edu> Sent: Thursday, June 07, 2012 5:38 PM To: Council Cc: Marian Karr; Dan Black (DBlack @midwestone.com); Tom Gelman (gelman @ptmlaw.com); Hollins, George Subject: June 19th Council Agenda City Council and City Clerk: I am writing to request consolidation of the 2nd and 3rd readings of the Application to Rezone 509 S. Dubuque Street from P to CB -2 jointly submitted by the University of Iowa and MidwestOne Bank. The first reading occurred at the last Council meeting on June 5th and was passed unanimously with no public comment or opposition. The second reading is scheduled for June 19tH The consolidation of the two readings will allow the Bank to begin the fit -out of their new offices in the former Sabin School building and allow the parties to close on their real estate transaction for the University's purchase of the Bank's current home loan center at 325 S. Clinton Street. These transactions are essential for the University's School of Music project and will allow the site to be prepared for construction. Thank you for this consideration. David David W. Kieft Assistant University Business Manager Office of the Vice President for Finance & Operations The University of Iowa 2660 UCC Iowa City, IA 52242 319 - 335 -5052 PUBLISH JUNE 12 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 June, 2012, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City 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 702 Giblin Drive, also described as part of Lot 9, Giblin's Subdivision, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK c -st r-� Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 -- 9) 356-503&­- RESOLUTION NO. RESOLUTION AUTHORIZING CONVEY NCE A SINGLE FAMILY ME LOCATED AT 702 GIBLIN DRIVE. ? WHEREAS, the UniverCity Neighborhood Partners ip Program is a joi effort between the University of Iowa and the City to encourage home nership and rein stment in designated neighborhoods surrounding the University of Iowa; an WHEREAS, the City has received a $1.25 million I -Jo gran to ssist in the acquisition and rehabilitation of twenty -six single family homes to pro ide aff dable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to cquire nd rehabilitate properties consistent with the grant agreement for I -Jobs fun for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated single family hom�- located at 702 Giblin Drive, Iowa City; and WHEREAS, the City has received an offer to p6rchase 702 blin Drive fof%,the principal sum of $129,500 (the amount the City paid to quire the hom , plus the carrying costs" of approximately $15,500, which are all costs ' curred by the City to acquire ft, home, maintain it and sell it, including abstracting and recor ing fees, interest on he loan to purchase the home, mowing and snow removal, utilities, re estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would providaffordable housing in a designated area surrounding the University of Iowa; and _ \ WHEREAS, on June 5, 2012, t e City Council adopted a Resolutio proposing to convey its interest in 702 Giblin Drive, au orizing public notice of the proposed onveyance, and setting the date and time for the publi hearing; and WHEREAS, following the p blic hearing on the proposed conveyance, t e City Council finds that the conveyance is in t e public interest. NOW, THEREFORE, PE IT RESOLVED BY THE CITY COUNCIL OF TH CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 702 Giblin ive, legally described as part of Lot 9, Giblin's Subdivision, Iowa City, Iowa. J + Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by and s - conded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Approved by City Attorney's Office Champion Dickens Dobyns Hayek Mims Payne Throgmorton day of '2012. CITY CLERK 7 PUBLISH JUNE 12 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 June, 2012, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City 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 648 South Lucas Street, also described as Lot 7, Block 1, Strohm's Addition, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK f�l Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 3% -5030 RES ION NO._5°° RESOLUTION AUTHO IZING CONVEYANCE OF A SINGL� FAMILY14OMl LOCATED AT 648 SOU 8111 LUCAS STREET. WHEREAS, the UniverCity Nei hborhood Partnership Program is joint effort between the University of Iowa and the City t q encourage home ownership and einvestment in designated neighborhoods surrounding the U iversity of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant 0 assist in the acquisition and rehabilitation of twenty -six single family homes to provide a rdable housing in designated neighborhoods surrounding the Uni rsity of Iowa; and WHEREAS, Resolution 09 -384 au horized the City to Acquire and rehabilitate properties consistent with the grant agreeme \reabilitated or I -Jobs fun for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and a single family home located at 648 South Lucas Street, Iowa City; and WHEREAS, the City has received an offer\ sum of $194,000 (the amount the City pai approximately $6,300, which are all costs i and sell it, including abstracting and recorc mowing and snow removal, utilities, real repair and rehabilitate the home; and f WHEREAS, this sale would provide University of Iowa; and /U hase 648 South Lucas Street for the principal lacquire the home), plus the "carrying costs" of red by the City to acquire the home, maintain it fees, interest on the loan to purchase the home, e taxes, and any costs in excess of $50,000 to ousing in a designated area surrounding the WHEREAS, on June 5, 2012, th City Council a6Ipptecl a Resolution proposing to convey its interest in 648 South Lucas Stre t, authorizing pub is notice of the proposed conveyance, and setting the date and time for the/public public hearing; an WHEREAS, following the p46lic hearing on the prop ed conveyance, the City Council finds that the conveyance is in th public interest. NOW, THEREFOREZBIT RESOLVED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the dire of the City Attorney, the Mayor and a City Clerk are authorized to execute a wa deed conveying the City's interest in 648 South Lucas Street, legally described as Lot 7, Block 1, Strohm's Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warr, actions necessary to consummate the conveyance required It was moved by and Seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Approved by CA City Attorney's Office of YOR TTEST: CITY CLERK , deed and to carry out any law. the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton ,2012. 1 PUBLISH JUNE 12 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 June, 2012, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City 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 437 South Governor Street, also described as part of Lot 14, Block 1, Berryhill's Second Addition, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52?40„p19 :_356 -5039 - RESOLUTION NO. RESOLUTION AUTHORIZING CO VEYANCE OF A SINGLE FAMIL -HOME-;, I LOCATED AT 437 SOUTH GOVER OR STREET. WHEREAS, the UniverCity Neighborhood artnership Program is a joio effort between the University of Iowa and the City to encourag home ownership a/rein stment in designated neighborhoods surrounding the University of owa; and WHEREAS, the City has received a $1.25 illion I -Jobs grant n the acquisition and rehabilitation of twenty -six single family ho es to provide affousing in designated neighborhoods surrounding the University of I wa; and WHEREAS, Resolution 09 -384 authorized he City to a uire and rehabilitate properties consistent with the grant agreement for I- obs funds or the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilita d a s' gle family home located at 437 South Governor Street, Iowa City; and WHEREAS, the City has received an offer to principal sum of $160,000 (the amount the Cit, costs" of approximately $19,000, which are al)( maintain it and sell it, including abstracting d the home, mowing and snow removal, uti ' ies, $50,000 to repair and rehabilitate the horn; and rchase 437 South Governor Street for the aid to acquire the home), plus the "carrying s incurred by the City to acquire the home, )rding fees, interest on the loan to purchase al estate taxes, and any costs in excess of WHEREAS, this sale would provide 96ordable hou ing in a designated area surrounding the University of Iowa; and r' i WHEREAS, on June 5, 2012, thq,City Council adopt d a Resolution proposing to convey its interest in 437 South Governor treet, authorizing pu is notice of the proposed conveyance, and setting the date and time for` the public hearing; and WHEREAS, following the plic hearing on the propose conveyance, the City Council finds that the conveyance is in th public interest. NOW, THEREFORE, B IT RESOLVED BY THE CITY C(UNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the directio of the City Attorney, the Mayor and tip City Clerk are authorized to execute a warranty deed conveying the City's interest in' '437 South Governor Street, legally described as part of Lot 14, Block 1, Berryhill's Second Addition, Iowa City, Iowa. Resolution No. Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance requir by law. It was moved by and seconded by the Resolution be adopted, and upon roll call there were:_ AYES: NAYj- ABSENT: Passed and approved this )day of Approved by City Attorney's Office Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012. MAYOR ATTEST: CITY CLERK June 8, 2012 PUBLIC HEARING NOTICE FYI I Annual Action Plan Amendment #5 The City Council will hold a public hearing, accept comments and consider approval of an amendment to Iowa City's FY11 Annual Action Plan on June 19, 2012. The meeting will be held at City Hall, Emma Harvat Hall, 410 E. Washington Street, Iowa City at 7:00 p.m. The FY11 Annual Action Plan is a portion of Iowa City's 2011 -2015 Consolidated Plan (a.k.a. CITY STEPS). The Annual Action Plan includes information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for housing, jobs and services for low - moderate income persons. The FY11 Amendment proposes to use $280,000 in CDBG funds for recreational improvements at Fairmeadows Park (2500 Miami Drive). Copies of the FY11 Annual Action Plan Amendment #5 are available from the Department of Planning and Community Development, 410 East Washington Street, the Iowa City Public Library, 123 S. Linn Street or on Iowa City's web site (www.icgov.org/actionplan). Additional information is available from the Department of Planning and Community Development, 410 East Washington Street, Iowa City, Iowa, 52240 or by calling 356- 5230. Comments may also be submitted in writing to the Planning and Community Development Department at the address above or by email to tracy - hightshoe @iowa - city.org. If you require special accommodations or language translation, please contact Stephen Long at 356 -5250 or 356 -5493 TTY at least seven (7) days prior to the meeting. Ir,a CITY OF IOWA CITY 9 MEMORANDUM Date: June 8, 2012 To: Thomas Markus, City Manager From: Tracy Hightshoe, Community Development Planner Re: Resolution Adopting the FY11 Annual Action Plan Amendment #5 Introduction A public hearing and resolution considering approval of the FY11 Annual Action Plan Amendment #5 will be held at your June 19, 2012 City Council meeting. The amendment allocates Community Development Block Grant (CDBG) funds for the installation of a splash pad and amenities at Fair Meadows Park. History/ Background The City previously allocated $280,000 in CDBG funds to the City's Parks and Recreation Department to acquire five acres on Friendship St. to develop a neighborhood park (a.k.a the Chadek Property). The City was unable to purchase the land. Due to CDBG timeliness issues, the City must reallocate these funds before the next funding allocation round. Discussion of Solution As the previous project was not able to proceed, Parks and Recreation proposes to use the funds for recreational improvements at Fair Meadows Park. This park is in a CDBG eligible census tract. The Housing and Community Development Commission (HCDC) reviewed this request at their April 19, 2012 meeting and recommended approval. The HCDC minutes were in the May 3 City Council Information Packet. Recommendation At your June 19 meeting, we are asking that you consider approval of the FY11 Annual Action Plan Amendment #5 as recommended by HCDC. To date, the City has received no written comments from the public concerning the FY11 Annual Action Plan Amendment. Fiscal Impact The City budgeted $280,000 in the FY11 budget for eligible CDBG projects. These funds represent CDBG entitlement funds from the U.S. Department of Housing and Urban Development, CDBG program income and uncommitted or returned funds from prior CDBG projects that didn't proceed. If you have any questions about the amendment please contact Tracy Hightshoe at 356 -5230 or at tracy- hightshoe @iowa - city.org. Cc: Andy Chappell, HCDC Chair PUBLISH JUNE 11 NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, forms of contract and estimated costs for the construction of the: 1. U.S. Highway 6 and Sycamore Street Intersection Improvement Project 2.2012 Muscatine Avenue Water Main roveme 3. Highway 1 Trai7ompp ct - Orchard Street to set Street 4. Public Wor s ex - Wa rm Storage Building Project in said city at 7:00 p.m. on the 19'h day of June, 2012, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, forms of contract and estimated costs are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contracts or the costs of making said improvements. 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 Marian Karr From: Gail falk <gail.falk @live.com> Sent: Friday, June 08, 2012 2:15 PM To: Council Subject: Hwy 1 sidewalk/trail project Hello, My name is Gail Falk, I live at 416 Douglass Court in Iowa City, in the Miller- Orchard neighborhood. I wanted to let you know that I am in support of the Hwy 1 sidewalk/trail project. I walk at least one a day on that route, and it would be great to be able to utilize a sidewalk. I will be unable to attend the meeting Monday, so I though I would let you know that I support this. Thanks. Marian Karr From: Paula Swygard <pswygard @gmail.com> Sent: Tuesday, June 12, 2012 10:03 AM To: Council Subject: Highway 1 Trail Project Members of the Iowa City City Council, I am writing to encourge you to vote to proceed with the Highway 1 Trail Project at the June 19, 2012 public hearing. Please consider the following points as you make your decision. • It is noted in the SW District Plan - Future Planni g Principles and the the Miller Orchard Neighborhood Action Plan that trails, sidewalks, and bicycle lanes are viewed as important links needed throughout the neighborhood and that the notable lack of them has contributed to some disinvestment in the area. There has been strong, broad, consistent, and long -term support for safe pedestrian and bicycle transportation by neighbors taking part in the pla ing processes. The Roosevelt- Commercial Areas subsection of pedestrian and bicycle trails and the need to imps neighborhoods. "Making this commercial area n neighborhood - serving businesses to locate along have had several small, new neighborhood- frienc recently open in the area along Hwy 1. They, ah Johnos, JoAnn's Fabric, Flowerama, and McDon family- friendly services. There are also several n and trails connecting Benton St., Hudson, Miller Riverside Dr. without having to walk in people's improvement. And safe crossing is long overdue Hwy. 1 whether it is to catch the bus, get to Doll Traffic in the area is a huge concern, and a traffic Avenues, shows that the neighborhood qualifies speeds. This further supports the need for sidew� constantly be on the look out for traffic in order i At this point in time, the school district has decli after the closing of Roosevelt. For those childrei Benton St. and who will have to walk to Horn, si ie SW District Plan mentions the lack of safe we the connections to the surrounding ire pedestrian- friendly may encourage more he corridor in the future." We are fortunate enough to .y businesses (La Michoacana and Bobalicious) Zg with Paul's Discount, Leash on Life, Pancheros, Zio Id's, to name a few, provide our area with many ;w restaurants in the Wal -Mart complex. Sidewalks and /or Orchard through to the Hwy 1 Trail or lards or in the street would be a huge or people who dodge and run across traffic to cross r General, or grab something at Delimart. study of the area, especially of Miller and Hudson c)r traffic calming measures because of excessive auto ks so that people don't have to walk in streets or > jump the curb to walk in yards to avoid cars. .ed to provide busing for students assigned to Horn who live in the Miller Orchard neighborhood south of lewalks will provide a much safer way to walk through the neighborhood to get to Benton. • Plain old common sense says that a visibly worn path created by those walking in the grass along Orchard between Douglass St and Hwy 1 shows that it is obvious that a trail / sidewalk is needed. Ultimately, the Hwy 1 Trail Project, which includes sidewalks on Miller and Hudson streets, will provide an "amenity" (some would say a necessity) that is common place in other neighborhoods in Iowa City, will contribute to neighorhood stabilization and safety, and will enhance the opportunity for residents to connect to business neighbors and future Riverfront Crossings development. Thank you for your time, and I hope that you will vote to proceed with the Hwy 1 Trail /Sidewalk Oroject in its entirety. Paula Swygard 426 Douglass Street Iowa City, IA i�0-) PUBLISH JUNE 11 NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, forms of contract a ated costs for the 1. U.S. Highway 6 and Sycamore Street Intersection Improvement Project 2. ine venue Water Main Improvements Project 3. Highway 1 Trail Project - Orchard Street to Sunset Street 4. Public Works Complex - Warm Storage Building Project in said city at 7:00 p.m. on the 19th day of June, 2012, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, forms of contract and estimated costs are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contracts or the costs of making said improvements. 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 PUBLISH JUNE 11 NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, forms of contract and estimated costs for the construction of the: 1. U.S. Highway 6 and Sycamore Street tersecti e 2.201 Muscatine Avenue Water Main Improvements Project 3. i roject - Orchard Street to Sunset Street 4. Public Works Complex - Warm Storage Building Project in said city at 7:00 p.m. on the 19th day of June, 2012, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, forms of contract and estimated costs are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contracts or the costs of making said improvements. 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 PUBLISH JUNE 11 NOTICE OF PUBLIC HEARING TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, forms of contract and estimated costs for the construction of the: 1. U.S. Highway 6 and Sycamore Street Intersection Improvement Project 2.2012 Muscatine Avenue Water Main Improvements Project 3. Highway 1 Trail Project - Orchard Street to se 4. Public Works Complex - Warm Storage Building Project m sal e 9 day of June, 2012, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, forms of contract and estimated costs are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contracts or the costs of making said improvements. 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