HomeMy WebLinkAbout2016-02-16 Ordinance-7 a,
To: Planning & Zoning Commission
Item: VAC15-00007, Waterfront Drive
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Martina Wolf, Planning Intern
Date: December 17, 2015
Applicant: Mark McPherson
2 Steele Street, Suite 203
Denver, CO 80206
(720) 502-5190 ext. 1
mmcpherson@_eguityventurescd.com
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
BACKGROUND INFORMATION:
David Meyer
2 Steele Street, Suite 203
Denver, CO 80206
(720) 502-5190 ext. 2
dmevera-eguityventurescd.com
Vacation of Waterfront Drive
Uniform redevelopment of Los Portales, Carlos O'Kelly's, and
Car -X
Southeast corner of Highway 6 and South Gilbert Street
Approx. 13,454 square feet (.31 acre)
Community Commercial (CC -2)
North: Los Portales (CC -2)
South: Carlos O'Kelly's (CI -1)
East: Car -X Tire & Auto
West: South Gilbert Street ROW,
Hills Bank & Trust (CC -2)
South District Plan
December 1, 2015
The applicant, Equity Ventures, is requesting vacation of Waterfront Drive running east and west between
1402 and 1411 Waterfront Drive. Waterfront Drive is currently a 'dead-end' right of way; the right of way
ends approximately 245 feet east of Gilbert St (see location map). The desired redevelopment project is a
15,000 square foot Natural Grocers by Vitamin Cottage store and a new 5,500 square foot Carlos O'Kelly's
Mexican Cafe. The vacation is requested to allow the applicant to combine the surrounding parcels into one
for uniform redevelopment.
The South Gilbert Street Commercial Corridor is generally located between Highway 6 and the CRANDIC
Railroad. The 1997 South District Plan called for general commercial development in this area, including
along Stevens Drive and Southgate Avenue, with a focus on creating a more attractive, well -landscaped
2
entrance to the City. In 2006 properties along Stevens and Waterfront Drives, east of Gilbert Street, were
rezoned to Community Commercial (CC -2). Properties south of Southgate remain in the CI -1 zone. More
recently, the CI -1 zone was amended to allow a wider range of commercial uses, including retail and
restaurant uses.
The application included letters of support (see attached) from surrounding business owners of Carlos
O'Kelly's and Car -X who favor the vacation of Waterfront Drive to provide a more efficient and
comprehensive redevelopment of the corner. Car -X outlined conditions for their approval, which included
having a permanent access easement that will connect to Gilbert Street; joint signage on the shopping
center signs; full -width temporary access and signage during construction; and having a larger lot with
same amount of parking stalls as current exists.
ANALYSIS:
The following factors are to be considered in evaluating a vacation request:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property;
f) Any other relevant factors pertaining to the specific requested vacation.
a) Vehicular and pedestrian circulation and access to private property:
The proposed concept plan for the uniform development shows a consolidation of the current three
access points to Gilbert Street (including Waterfront Drive, currently) into one. The proposed access
point for the development is further away from the traffic signal at Highway 6 and South Gilbert Drive.
Consolidating access points, and creating more separation between the Gilbert St / Highway 6
intersection, results in fewer conflict points for vehicles and reduces the likelihood of collisions.
b) Emergency and utility and service access:
The Waterfront Drive right-of-way has public water and sanitary sewer utilities — these utilities will
have to be relocated prior to development of structures where the Waterfront Drive right-of-way is
located. Easements for these utilities will be retained until the new utilities are constructed and
accepted by the City. Releasing the utility easements will require subsequent action by the City
Council.
c) Impact on access of adjacent private properties
Adjacent private properties have submitted letters of support of the vacation of the Waterfront Drive
right-of-way to allow for a comprehensive redevelopment of the commercial properties, provided an
access easement is created for the affected properties. Per staff's recommendation, the access
easement will be shown on a final plat for the property. The Car -X property also has access at its
south property line, to the south leg of Waterfront Drive.
d) Desirability of right of way for access or circulation needs
Waterfront Drive is not currently utilized for access or circulation by any entities besides the adjacent
properties, which have voiced support for the vacation request, provided a suitable access easement
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is established in lieu of the right-of-way.
e) Location of utilities and other easements or restrictions on the property
Regarding private utilities, letters were sent to MidAmerican, Centurylink, and Mediacom to see if
utilities are present along Waterfront Drive. The applicant noted that Hills Bank & Trust, adjacent from
the proposed development parcels, may have one or more utilities that will need to be properly
reconnected, without any downtime, prior to any construction activities in the Waterfront Drive right-
of-way that could restrict their ability to access utilities. The Waterfront Drive right-of-way does have
public water and sanitary sewer utilities — these utilities will have to be relocated prior to development
of structures where the Waterfront Drive right-of-way is located. Easements for these utilities will be
retained until the new utilities are constructed and accepted by the City. Releasing the utility
easements will require subsequent action by the City Council.
f) Any other relevant factors pertaining to the specific requested vacation
The most relevant factors are the need to maintain access to the properties served by this right-of-way,
relocating affected utilities prior to redevelopment, and ensuring the properties (particularly the Car -X
property) have access during construction activities. While staff concurs that vacating this dead-end
right-of-way will not negatively affect general traffic circulation provided an access easement is created
for access to affected properties, a plan for access during construction should be provided.
Given that the applicant will need to file a subdivision application to incorporate the right of way into the
surrounding property, and that utilities and access easements are normally reflected on final plats, staff
recommends that prior to the final City Council vote on the right-of-way vacation a final plat be required
to be approved. The final plat application will include plans for the relocation of utilities, a plan for
access during construction, and a permanent access easement for affected properties.
STAFF RECOMMENDATION: Staff recommends approval of VAC15-00007, an application submitted
by Equity Ventures, requesting vacation of approximately 13,454 square feet of Waterfront Drive
running east -west between 1402 and 1411 Waterfront Drive, subject to retention of utility easements
and approval of a final plat prior to final approval of the vacation request. The final plat shall include:
• Plans for utility relocation
• A plan for temporary access to the Car -X property during construction and a permanent
access easement
ATTACHMENTS:
1. Location map
2. Application materials
Approved by: -7.,/
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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raEQUITY VENTURES
COMMERCIAL DEVELOPMENT
November 30, 2015
City of Iowa City
c/o City Clerk
410 E. Washington Street
Iowa City, Iowa 52240
RE: Project Overview:
Dear City Clerk,
We are submitting this application for vacation of Waterfront Drive in order to uniformly
redevelop the southeast corner of Hwy 6 & Gilbert Street in Iowa City, Iowa. We are under contract
on the Los Portales property at 1402 S Gilbert St in Iowa City, IA 52240 and are in agreement with
the surrounding property owners to make this a cohesive and long term arrangement for the benefit
of all parties. The Carlos O'Kelly's property (1411 Waterfront Dr, Iowa City, IA 52240) is owned
by the franchisor/operator, whom would like to rebrand in Iowa City with a brand new building that
would include their latest and greatest design elements. The CarX owner/operator (1410 Waterfront
Dr, Iowa City, IA 52240) is also in favor of the vacation so long as we provide temporary signage
and access during our construction activities, and that we ultimately include them on our freestanding
signs and replace the same amount of parking on his property that currently exists.
The ultimate redevelopment project will allow for a 15,000 SF Natural Grocers by Vitamin
Cottage store (see attached marketing package) and a new 5,500 SF Carlos O'Kelly's Mexican Cafe.
We are submitting this application to initiate the vacation process, and we will be submitting our
revised site plan in the coming weeks. We have initiated all of our due diligence work, and should
receive our ALTA survey from our civil engineer at the end of this week. We will immediately
incorporate the latest design for the intersection of Hwy 6 & Gilbert into our overall site plan and
make the appropriate tweaks for the site plan to function properly.
We also acknowledge the adjacent Hills Bank & Trust at 1401 S Gilbert St in Iowa City, IA
52240 may have one or more utilities we will need to have properly reconnected prior to any
construction activities in the Waterfront Drive right -of way that could restrict their ability to utilize
these utilities. These services will need to be reconnected in a manner that allows the bank to
properly function without having any downtime. As we work through the approval process with the
City of Iowa City we will make this reconnection a priority and ensure that the utilities will be
properly rerouted.
Attached are two letters from the owners of Carlos O'Kelly's and CarX providing their
support to the right-of-way vacation, an aerial illustrating the right-of-way, the Plat of Survey for the
2 Steele Street, Ste 203, Denver, Colorado 80206 • office (720) 502-5190 x1 • cell (785) 925-1027
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We are submitting this application for vacation of Waterfront Drive in order to uniformly
redevelop the southeast corner of Hwy 6 & Gilbert Street in Iowa City, Iowa. We are under contract
on the Los Portales property at 1402 S Gilbert St in Iowa City, IA 52240 and are in agreement with
the surrounding property owners to make this a cohesive and long term arrangement for the benefit
of all parties. The Carlos O'Kelly's property (1411 Waterfront Dr, Iowa City, IA 52240) is owned
by the franchisor/operator, whom would like to rebrand in Iowa City with a brand new building that
would include their latest and greatest design elements. The CarX owner/operator (1410 Waterfront
Dr, Iowa City, IA 52240) is also in favor of the vacation so long as we provide temporary signage
and access during our construction activities, and that we ultimately include them on our freestanding
signs and replace the same amount of parking on his property that currently exists.
The ultimate redevelopment project will allow for a 15,000 SF Natural Grocers by Vitamin
Cottage store (see attached marketing package) and a new 5,500 SF Carlos O'Kelly's Mexican Cafe.
We are submitting this application to initiate the vacation process, and we will be submitting our
revised site plan in the coming weeks. We have initiated all of our due diligence work, and should
receive our ALTA survey from our civil engineer at the end of this week. We will immediately
incorporate the latest design for the intersection of Hwy 6 & Gilbert into our overall site plan and
make the appropriate tweaks for the site plan to function properly.
We also acknowledge the adjacent Hills Bank & Trust at 1401 S Gilbert St in Iowa City, IA
52240 may have one or more utilities we will need to have properly reconnected prior to any
construction activities in the Waterfront Drive right -of way that could restrict their ability to utilize
these utilities. These services will need to be reconnected in a manner that allows the bank to
properly function without having any downtime. As we work through the approval process with the
City of Iowa City we will make this reconnection a priority and ensure that the utilities will be
properly rerouted.
Attached are two letters from the owners of Carlos O'Kelly's and CarX providing their
support to the right-of-way vacation, an aerial illustrating the right-of-way, the Plat of Survey for the
2 Steele Street, Ste 203, Denver, Colorado 80206 • office (720) 502-5190 x1 • cell (785) 925-1027
right-of-way, a conceptual site plan, and a marketing brochure on Natural Grocers by Vitamin
Cottage. Please let us know if we need to provide anything further.
Please call us with any questions or comments at your convenience at (720) 502-5190 xl, or
(785) 925-1027.
Sincerely,
Mark R McPherson
2 Steele Street, Ste 203, Denver, Colorado 80206 - office (720) 502-5190 x1 • cell (785) 925-1027
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2 Steele Street, Ste 203, Denver, Colorado 80206 - office (720) 502-5190 x1 • cell (785) 925-1027
PROPRIETOR: CITY IOWA CRY
SURVEY REQUESTED BYEany
' EOURY VENTURES
DATE OF SURVEY: 11-24,2015
"PLAT OF SURVEY" �
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RIGHT-OF-WAY VACATION PLAT
WATERFRONT DRIVE IN SOUTHGATE ADDITION, PART 1 IN GOVERNMENT LOT 4
OF SECTION 15-T79N-R6W5TH P.M.
IOWA CITY, JOHNSON COUNTY, IOWA
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DESCRIPTION - RIGHT-OF-WAY VACATION (WATERFRONT DRIVE)
A PORTION OF SOUTHGATE ADDITION, PART 1 OF GOVERNMENT LOT
4 OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Beginning at the Southeast Comer of Lot 1 of Southgate Addition,
Part i, to Iowa City, Iowa, in accordance with the Plat thereof
Recorded In Plat Book 9 at Page 54 of the Records of the
Johnson County Recorders Offices Thence S2254'00"E. 50.00 feet,
to aPoint on the North Line of Lot 3 of said Southgate Addition.
Part 1; Thence S57*W'00'W, along said North Una 24.58 feet;
Thence Southweaterly. 75.16 feet, along said North Une on a
125.00 foot radius curve, concave Northwesterly, whose 74.03 foot
chord beare S84'19'30 -W; Thence N7827'00'W, along said North
Line, and the North Line of Lots 4 and 5 of said Southgate
Addition, Part 1, a distance of 181.93 feet, to its Intersection with
the Easterly Right -of -Way Une of South Gilbert Street; Thence
Northeasterly, 90.52 feet, along said Easterly Right -of -Way Line on
a 914.55 foot radius curve, concave Northwesterly, whose 90.48
foot chord bears N34'33'42" E, to Its Intersection with the Northerly
Right -of -Way Line of Waterfront Drive, Thence Southeasterly, 22.90
feet, along said of
Right-of-Way Una on a 15.00 foot
radius curve, concave Northeasterly, whose 20.74 foot chord bears
S12'00'13"E; Thence Southeasterly, 7294 feet, along sold Northerly
Right -of -Way Una on a 183.98 foot radius curve, concave
Northeasterly, whose 72.47 foot chord bears S67'05'30'E, to its
intersection with the South Una of said Lot 1 of Southgate
Addition, Part 1; Thence S7827 00'E, along said South Une, 67.22
feet; Thence Northeasterly, 45.09 feet, along said South Una on a
75.00 foot radius curve, concave Northwesterly, whose 44.42 foot
chord bears N5499'30'E, Thence N67M'00'E, 24.88 feet, to the
Point of Beginning. Said Waterfront Drive Right -of -Way Vacation
Parcel contains 0.31 Acre (13,454 square feet), and is subject to
easements and restrictions of record.
RIGHT-OF-WAY VACATION
13,454 SF
0.31 AC
SOMS OAM AMMON,
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LEGEND AND NOTES
• - PROPERTY CORNER FOUND as noted)
- PROPERTY k/or �DARY LINES
RIGHT-OF-WAY ONES
- CENTER ONES
- LOT UNES, PLATTED OR BY D®
--------------------- - EXISTING EASEMENT LINES, PURPOSE NOTED
(R) - RECORDED DIMENSIONS
M - MEASVRED DIMENSIONS
C22-1 - CURVE SEGMENT NUMBER
UNLESS NOTED O HERI , ALL DeRN51Ws ARE N FEET AND HuNDRFDTNs
D. ;92
MEQ °$
I hereby eertify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal superJbbn and that I am a duly licensed Pro land Land
Surveyor under the laws of the State of Iowa
AL -D- ✓ 4 //- " 20 X
•GLEN D. MEISNER
L.S. Iowa Ua Na 8185
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My license renewal date is December 31, 20 -JX
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DESCRIPTION - RIGHT-OF-WAY VACATION (WATERFRONT DRIVE)
A PORTION OF SOUTHGATE ADDITION, PART 1 OF GOVERNMENT LOT
4 OF SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Beginning at the Southeast Comer of Lot 1 of Southgate Addition,
Part i, to Iowa City, Iowa, in accordance with the Plat thereof
Recorded In Plat Book 9 at Page 54 of the Records of the
Johnson County Recorders Offices Thence S2254'00"E. 50.00 feet,
to aPoint on the North Line of Lot 3 of said Southgate Addition.
Part 1; Thence S57*W'00'W, along said North Una 24.58 feet;
Thence Southweaterly. 75.16 feet, along said North Une on a
125.00 foot radius curve, concave Northwesterly, whose 74.03 foot
chord beare S84'19'30 -W; Thence N7827'00'W, along said North
Line, and the North Line of Lots 4 and 5 of said Southgate
Addition, Part 1, a distance of 181.93 feet, to its Intersection with
the Easterly Right -of -Way Une of South Gilbert Street; Thence
Northeasterly, 90.52 feet, along said Easterly Right -of -Way Line on
a 914.55 foot radius curve, concave Northwesterly, whose 90.48
foot chord bears N34'33'42" E, to Its Intersection with the Northerly
Right -of -Way Line of Waterfront Drive, Thence Southeasterly, 22.90
feet, along said of
Right-of-Way Una on a 15.00 foot
radius curve, concave Northeasterly, whose 20.74 foot chord bears
S12'00'13"E; Thence Southeasterly, 7294 feet, along sold Northerly
Right -of -Way Una on a 183.98 foot radius curve, concave
Northeasterly, whose 72.47 foot chord bears S67'05'30'E, to its
intersection with the South Una of said Lot 1 of Southgate
Addition, Part 1; Thence S7827 00'E, along said South Une, 67.22
feet; Thence Northeasterly, 45.09 feet, along said South Una on a
75.00 foot radius curve, concave Northwesterly, whose 44.42 foot
chord bears N5499'30'E, Thence N67M'00'E, 24.88 feet, to the
Point of Beginning. Said Waterfront Drive Right -of -Way Vacation
Parcel contains 0.31 Acre (13,454 square feet), and is subject to
easements and restrictions of record.
RIGHT-OF-WAY VACATION
13,454 SF
0.31 AC
SOMS OAM AMMON,
PAR71
N AC4aW*Y.E Wlfh M FLAT nCRWr RMORp®
N FLAT WK 9 AT RAW 34 0' M WOWS Or
M 'PtisON GAMY R15010M'e arm
LEGEND AND NOTES
• - PROPERTY CORNER FOUND as noted)
- PROPERTY k/or �DARY LINES
RIGHT-OF-WAY ONES
- CENTER ONES
- LOT UNES, PLATTED OR BY D®
--------------------- - EXISTING EASEMENT LINES, PURPOSE NOTED
(R) - RECORDED DIMENSIONS
M - MEASVRED DIMENSIONS
C22-1 - CURVE SEGMENT NUMBER
UNLESS NOTED O HERI , ALL DeRN51Ws ARE N FEET AND HuNDRFDTNs
D. ;92
MEQ °$
I hereby eertify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal superJbbn and that I am a duly licensed Pro land Land
Surveyor under the laws of the State of Iowa
AL -D- ✓ 4 //- " 20 X
•GLEN D. MEISNER
L.S. Iowa Ua Na 8185
ON s
$F
My license renewal date is December 31, 20 -JX
IOVfA
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CARLOS
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November 16, 2015
City of Iowa City
c/o Wendy Ford
Economic Development Coordinator
410 E. Washington St.
Iowa City, IA 52240
Phone: 319.356.5248
RE: Redevelopment of Waterfront Drive, Los Portales, & Carlos O'Kelly's
Dear Ms. Ford,
We are in support of the overall redevelopment project consisting of Waterfront Drive,
the existing Los Portales property, and the existing Carlos O'Kelly's property at the SEQ of Hwy
6 & Gilbert Street in Iowa City, Iowa. In conjunction with the redevelopment of these
properties, we are in favor of vacating Waterfront Drive to provide for a more efficient and
comprehensive redevelopment of this corner. After many years of being a part of the community
of Iowa City, Carlos O'Kelly's is excited about the opportunity to open our newest prototype in
the location as generally shown on the attached site plan.
We intend to immediately and collectively move forward with the development approvals
and permits, so that the three property owners can simultaneously acquire the right-of-way, re -
plat the properties, and ultimately subdivide the lots for the three property owners.
Please let me know if you or anyone has any questions/comments at your convenience.
Sincerely,
/-Z
Micah S. Den
Sasnak Management d/b/a Carlos O'Kelly's
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1877 N. Rock Road I Wichita, Kansas 67206 1 (316) 978-95301 F (316) 681-2481 1 w .carlosokallys.com
We are the owner/operators of the Car X Tire & Auto property located at 1410 Waterfront Drive
in Iowa City, and we are in favor of the overall redevelopment project consisting of Waterfront
Drive, the existing Los Portales property, the existing Carlos O'Kelly's property, and a small
portion of the Car X property at the SEQ of Hwy 6 & Gilbert Street in Iowa City, Iowa. In
conjunction with the redevelopment of these properties, we are in favor of vacating Waterfront
Drive to provide for a more efficient and comprehensive redevelopment of this corner as shown in
the attached conceptual plan. Our approval of this vacation is conditioned on the following: (i) we
will have a permanent access easement that will connect to Gilbert Street & we will continue to
have full access to Waterfront Dr on south side; (ii) we will have joint signage on the two
shopping center signs 04%vy 6 & Gilbert Street); (iii) we will have a full -width temporary access
and signage during construction to allow for our customers uninterrupted access to our property;
(iv) and we will have a larger lot with the same amount of parking stalls as currently existing.
Car --X Tire & Auto has been operating in Iowa City for over 16 years and we are excited about the
opportunity to adjacent to a quality development with a great national/regional retailer and
restaurant. We also want to indicate that AutoTech Iowa LC is in process of transferring Car -X
franchise to another operator from. Illinois, who will become tenant to ATI Properties LI,C. I am
sure our new tenant's needs will mirror that of ours and we will engage them as we move forward
with this project.
Please let me know if you or anyone has any questions/comments at your convenience. I am
hearing impaired and appreciate if you could use e-mail at mkantarna iail.com instead of
telephone. Thank you.
Sinceyp
M unda Kantamneni, Partner -
AutoTech Iowa LC (d/b/a Car -X Tire & Auto)
ATI Properties, LLC
ATI Properties LLC
1950 Brown Deer Trail
Coralville, lA 52241
November 19, 2015
City of Iowa City
c/o Wendy Ford
Q'
Economic Development Coordinator
410 E. Washington St.
Iowa City, IA 52240
Phone: 319.356.5248,
RE: Redevelopment of Waterfront Drive, Los Portales,
Carlos O'Kelly's, and ��-X
Dear Ms. Ford:
We are the owner/operators of the Car X Tire & Auto property located at 1410 Waterfront Drive
in Iowa City, and we are in favor of the overall redevelopment project consisting of Waterfront
Drive, the existing Los Portales property, the existing Carlos O'Kelly's property, and a small
portion of the Car X property at the SEQ of Hwy 6 & Gilbert Street in Iowa City, Iowa. In
conjunction with the redevelopment of these properties, we are in favor of vacating Waterfront
Drive to provide for a more efficient and comprehensive redevelopment of this corner as shown in
the attached conceptual plan. Our approval of this vacation is conditioned on the following: (i) we
will have a permanent access easement that will connect to Gilbert Street & we will continue to
have full access to Waterfront Dr on south side; (ii) we will have joint signage on the two
shopping center signs 04%vy 6 & Gilbert Street); (iii) we will have a full -width temporary access
and signage during construction to allow for our customers uninterrupted access to our property;
(iv) and we will have a larger lot with the same amount of parking stalls as currently existing.
Car --X Tire & Auto has been operating in Iowa City for over 16 years and we are excited about the
opportunity to adjacent to a quality development with a great national/regional retailer and
restaurant. We also want to indicate that AutoTech Iowa LC is in process of transferring Car -X
franchise to another operator from. Illinois, who will become tenant to ATI Properties LI,C. I am
sure our new tenant's needs will mirror that of ours and we will engage them as we move forward
with this project.
Please let me know if you or anyone has any questions/comments at your convenience. I am
hearing impaired and appreciate if you could use e-mail at mkantarna iail.com instead of
telephone. Thank you.
Sinceyp
M unda Kantamneni, Partner -
AutoTech Iowa LC (d/b/a Car -X Tire & Auto)
ATI Properties, LLC
Planning and Zoning Commission
January 21, 2016 — Formal Meeting
Page 3 of 10
dwellings located south of Lower West Branch Road between Scott Boulevard and Hummingbird
Lane.
Theobald asked if the City Forester commented on the condition of red maple trees. Miklo
replied that yes he did look at those and thought they were for the most part healthy and as for
the silver maples, some were healthy and some had been improperly pruned but had a lot of
years left in them.
Eastham questioned the diagram and not seeing any designated play area for children and
wondered if the homeowner's association could use part of Outlot A for a children's play area.
Miklo said that is actually something the City would want to discourage given that it is a densely
wooded area. He said the woodland might make a good natural play area. There might be an
opportunity for playground equipment around the multi -family structure, although it is very sloped
in that area. The nearest established park is Frauenholtz-Miller Park, about a half mile to the
east.
Eastham opened the public hearing.
Duane Musser (MMS Consultants) stated that the on lots 6 & 7 the area shown on the plat is
where the driveways could be, but they will not be as large as shown on the plat. Those
driveways show the closest they could be to Hummingbird Lane and stay within the City's
approved design standards.
Eastham asked if the residences in the multi -family unit will have access to the building
entrances along Scott Boulevard. Musser replied that yes, there will be a main corridor and
elevator that will go from that door straight to a door on the back of the building as well. Eastham
asked where the grade level entrances are on this building. Musser said there are three
doorways on the west side of the building will be ADA accessible. The entrance from the garage
level will also be accessible.
Eastham closed the public hearing.
Hensch moved to approve REZ15-00023/SUB15 -00031, a rezoning of 9.33 acres from Low
Density Single Family Residential (RS -5) and Medium Density Single -Family Residential
(RS -8) to Planned Development and Overlay Zone (OPD -8), and a Preliminary OPD Plan
and Plat of Pine Grove, a 12 -lot residential subdivision with 10 single family lots and 44
multi -family dwellings located south of Lower West Branch Road between Scott
Boulevard and Hummingbird Lane.
Martin seconded the motion.
Hensch noted that the issues that were discussed at the last meeting were addressed
Parsons agreed and said with the correct protections for the trees.
A vote was taken and the motion passed 6-0.
'—:� VACATION ITEM VAC15-00007:
Discussion of an application submitted by Equity Ventures for the vacation of an approximately
Planning and Zoning Commission
January 21, 2016 — Formal Meeting
Page 4 of 10
13,454 square feet of Waterfront Drive running east -west between 1402 and 1411 Waterfront
Drive / located in the southeast comer of Highway 6 and S. Gilbert Street.
Miklo began the staff report showing an aerial photograph and gave some history of the area.
Waterfront Drive used to continue through, but now is a 'dead-end' right of way that the City
encouraged because there had been quite a few accidents at that intersection with Gilbert Street
as it drew heavy traffic. The Waterfront Drive intersection was too close to the Highway 6
intersection. The applicant is now requesting that the remaining piece of the east/west portion of
Waterfront Drive be vacated with the goal of consolidating the two properties it currently divides
to allow a redevelopment of the area.
There currently is an access easement to provide access to the Car -X property to the east. Part
of the proposal would include a new easement to replace the old one to continue to allow access
to the Car -X property. Miklo showed a concept plan of the proposed area and the easement
access to Car -X would come from the south. He noted there are some easements for public and
private utilities that will need to be relocated as part of the project. As a condition for approval of
this project Staff is recommending easements for these utilities be retained until the new utilities
are constructed and accepted by the City. Releasing the utility easements will require
subsequent action by the City Council. Staff is also recommending that the property be platted
with a permanent easement established for Car -X and also a temporary access be established
for Car -X during construction. Miklo noted that the owner of Car -X did write a letter stating their
agreement for this project provided that their concerns about access are resolved.
Staff recommends approval of VAC15-00007, an application submitted by Equity Ventures,
requesting vacation of approximately 13,454 square feet of Waterfront Drive running east -
west between 1402 and 1411 Waterfront Drive, subject to retention of utility easements and
approval of a final plat prior to final approval of the vacation request. The final plat shall include:
• Plans for utility relocation.
• A plan for temporary access to the Car -X property during construction and a permanent
access easement.
Eastham asked about the entrance to the parking lot from Gilbert Street and where it would be
relocated. Miklo stated it would be further south than it is currently. Eastham asked if the traffic
engineers approved of the driveway relocation. Miklo said they did in concept, the actual
location may change as the project progresses. Miklo said the engineers feel this concept will be
an improvement because rather than three entrances along Gilbert Street there will be just one.
Eastham questioned the lighting along that street area, stating it was a dimly lit area. Miklo said
that street lights are required at intersections, but since this will a parking lot entrance/exit he
was not sure of the requirements. Miklo said it could be discussed with the applicant about the
possibility of installing street lights at the location.
Hensch asked if this would be an opportunity to widen the sidewalk along Gilbert Street in this
area. Miklo replied that yes the new sidewalk would be a minimum of 5 feet wide.
Hektoen reminded the Commission they are just considering the vacation of the area now, if
there is a plat the Commission can examine that and view the development details.
Eastham opened the public hearing
Planning and Zoning Commission
January 21, 2016 — Formal Meeting
Page 5 of 10
Duane Musser (MMS Consultants) began by noting the applicant will light the parking lot as
according to City Code, but one of the requirements is that they cannot bleed light across the
property line or into the public right-of-way so if there was a requirement for a light at that new
driveway entrance it is something that would have to be put in by the City. He also pointed out
on the concept plan some additional area of right-of-way that was suggested by Staff which is
part of a study that the City and DOT conducted regarding any future improvements to that
intersection. He did question if the right-of-way would be vacated now or at the time of plat.
Hektoen said the intention is to have the vacation and the plat coincide at the same Council
meeting.
Musser said they were moving ahead with redesigning the utilities. As for the public utilities, the
sanitary and sewer goes through the existing Waterfront Drive to service Hills Bank so that will
have to be rerouted as well as the public water main and several private utilities (gas, electric,
etc.). Those redesigns will be submitted to the City Engineer for approvals and then get the final
plat on the agenda.
Eastham closed the public hearing.
Theobald moved to approve VAC15-00007, an application submitted by Equity Ventures,
requesting vacation of approximately 13,454 square feet of Waterfront Drive running
east -west between 1402 and 1411 Waterfront Drive, subject to retention of utility
easements and approval of a final plat prior to final approval of the vacation request. The
final plat shall include:
• Plans for utility relocation.
• A plan for temporary access to the Car -X property during construction and a
permanent access easement.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0.
DISCUSSION OF STORM WATER MANAGEMENT:
Miklo introduced Ben Clark, Senior Civil Engineer with the Public Works Department who works
with storm water management, noting the Commission had requested information on how storm
water management is done in Iowa City.
Clark stated he has spent most of the past five years working on capital improvement projects
and is now moving into the storm water management area. Clark showed the storm water
ordnance, which is now 40 years old. The general requirements are a control release rate of 1.5
cubic feet per second per developed acre, which is some cases can end up being lower than the
predevelopment run-off rate.
Eastham asked if it's ever been higher for some developments. Clark said it's possible but has
no example ready and it would depend on slope and surface soil conditions, etc.
Next it requires excess storm water passage to make sure there is no damage to buildings
"3 11
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-%40
(VAC15-00007) at'�
ORDINANCE NO.
ORDINANCE VACATING THE WATERFRONT DRIVE PUBLIC-IiGHkOF
(VAC15-00007) -''
en.w+ .ti
WHEREAS, the applicant, Equity Ventures, has requested that the City vacat8---'and cdt*ey to the
applicant Waterfront Drive public right-of-way running east and west between 1402 and 14111`*aterfront
Drive; and
WHERAS, the vacatio` is being requested to combine the surrounding parcels for uniform
redevelopment; and
WHEREAS, Waterfront Dn a is not currently utilized for access o circulation by any entities besides
the adjacent properties, which have v iced support for the vacation reques ; and
WHEREAS, a suitable access asement will be established in lie of the right-of-way; and
WHERAS, the Waterfront Drive ' ht-of-way does have public wa rand sanitary sewer utilities; and
WHEREAS; these utilities must be elocated prior to developme t of structures where the Waterfront
Drive right-of-way is located; and
WHEREAS, easements for these utile 'es will be retained unti the new utilities are constructed and
accepted by the City; and
WHEREAS, releasing the utility easeme s will require sub equent action by the City Council; and
WHEREAS, the Planning and Zoning Co mission has he reviewed the proposed vacation of
Waterfront Drive and has recommended approval o he applica ' n subject to City staff approval of a final
plat application, which must include plans for utility r ocation nd a plan for temporary access to Car-X
property during construction and a permanent access ea ment
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO IL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City here vacates that portion of public right-of-way
described as follows:
BEGINNING AT THE SOUTHEAST CORNER OF OT 1OF S UTHGATE ADDITION, PART 1, TO
IOWA CITY, IOWA, IN AFFORDANCE WITH T PLAT THER F RECORDED IN PLAT BOOK 9
AT PAGE 54 OF THE RECORDS OF JOH ON COUNTY CORDER'S OFFICE; THENCE
S22054'00"E, 50.00 FEET, TO A POINT ON T E NORTH LINE O LOT 3 OF SAID SOUTHGATE
ADDITION, PART 1; THENCE S67°06'00"W ALONG SAID NORT LINE 24.88 FEET; THENCE
SOUTHWESTERLY, 75.16 FEET, ALON SAID NORTH LINE O A 125.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, HOSE 74.03 FOOT CH RD BEARS S84°19'30"W;
THENCE N78027'00"W, ALONG SAID NO TH LINE, AND THE NORTH L NE OF LOTS 4 AND 5 OF
SAID SOUTHDATE ADDITION, PART 1 A DISTANCE OF 181.93 FEET, TO ITS INTERSECTION
WITH THE EASTERLY RIGHT -OF- AY LINE OF SOUTH GILBE T STREET; THENCE
NORTHEASTERLY, 90.52 FEET, AL NG SAID EASTERLY RIGHT -OF -W Y LINE ON A 914.55
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 90.48 F OT CHORD BEARS
N34°33'42"E, TO ITS INTERSEC UION WITH THE NORTHERLY RIGHT F -WAY LINE OF
WATERFRONT DRIVE; THENCE SOUTHEASTERLY, 22.90 FEET, ALONG ID NORTHERLY
RIGHT-OF-WAY LINE ON A 1 .00 FOOT RADIUS CURVE, CONCAVE N RTHEASTERLY,
WHOSE 20.74 FOOT CHORD EARS S12000'13"E; THENCE SOUTHEASTER Y, 72.94 FEET,
ALONG SAID NORTHLY RIG -OF-WAY LINE ON A 183.98 FOOT RADIUS CU VE, CONCAVE
NORTHEASTERLY, WHOSE 2.47 FOOT CHORD BEARS S67°05'30"E, TO ITS I ERSECTION
WITH THE SOUTH LINE F SAID LOT 1 OF SOUTHGATE ADDITION, PART 1; THENCE
S78027'00"E, ALONG SAID OUTH LINE, 67.22 FEET; THENCE NORTHEASTERLY, 45.09 FEET,
ALONG SAID SOUTH LIN ON A 75.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
44.42 FOOT CHORD BEARS N84019'30"E' THENCE N06706'00"E, 24.88 FEET TO THE POINT OF
BEGINNING. SAID WATERFRONT DRIVE RIGHT-OF-WAY VACATION PARCEL CONTAINS .31
ACRE (13,454 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
Ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed
ATTEST
Cll
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 7a
(VAC15-00007)
ORDINANCE NO.
ORDINANCE VACATING THE WATERFRONT DRIVE PUBLIC RIGHT-OF-WAY
(VAC15-00007)
WHEREAS, the applicant, Equity Ventures, has requested that the City vacate and convey to the
applicant Waterfront Drive public right-of-way running east and west between 1402 and 1411 Waterfront
Drive; and
WHERAS, the vacation is being requested to combine the surrounding parcels for uniform
redevelopment; and
WHEREAS, Waterfront Drive is not currently utilized for access or circulation by any entities besides
the adjacent properties, which have voiced support for the vacation request; and
WHEREAS, a suitable access easement will be established in lieu of the right-of-way; and
WHERAS, the Waterfront Drive right-of-way does have public water and sanitary sewer utilities; and
WHEREAS; these utilities must be relocated prior to development of structures where the Waterfront
Drive right-of-way is located; and
WHEREAS, easements for these utilities will be retained until the new utilities are constructed and
accepted by the City; and
WHEREAS, releasing the utility easements will require subsequent action by the City Council; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of
Waterfront Drive and has recommended approval of the application subject to City staff approval of a final
plat application, which must include plans for utility relocation and a plan for temporary access to Car -X
property during construction and a permanent access easement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows subject to the easements described above:
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SOUTHGATE ADDITION, PART 1, TO
IOWA CITY, IOWA, IN AFFORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 9
AT PAGE 54 OF THE RECORDS OF JOHNSON COUNTY RECORDER'S OFFICE; THENCE
S22054'00"E, 50.00 FEET, TO A POINT ON THE NORTH LINE OF LOT 3 OF SAID SOUTHGATE
ADDITION, PART 1; THENCE S67006'00"W, ALONG SAID NORTH LINE 24.88 FEET; THENCE
SOUTHWESTERLY, 75.16 FEET, ALONG SAID NORTH LINE ON A 125.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 74.03 FOOT CHORD BEARS S84°19'30"W;
THENCE N78027'00"W, ALONG SAID NORTH LINE, AND THE NORTH LINE OF LOTS 4 AND 5 OF
SAID SOUTHDATE ADDITION, PART 1, A DISTANCE OF 181.93 FEET, TO ITS INTERSECTION
WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH GILBERT STREET; THENCE
NORTHEASTERLY, 90.52 FEET, ALONG SAID EASTERLY RIGHT-OF-WAY LINE ON A 914.55
FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 90.48 FOOT CHORD BEARS
N34°33'42"E, TO ITS INTERSECTUION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF
WATERFRONT DRIVE; THENCE SOUTHEASTERLY, 22.90 FEET, ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE ON A 15.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 20.74 FOOT CHORD BEARS S12000'13"E; THENCE SOUTHEASTERLY, 72.94 FEET,
ALONG SAID NORTHLY RIGHT-OF-WAY LINE ON A 183.98 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 72.47 FOOT CHORD BEARS S67005'30"E, TO ITS INTERSECTION
WITH THE SOUTH LINE OF SAID LOT 1 OF SOUTHGATE ADDITION, PART 1; THENCE
S78027'00"E, ALONG SAID SOUTH LINE, 67.22 FEET; THENCE NORTHEASTERLY, 45.09 FEET,
ALONG SAID SOUTH LINE ON A 75.00 RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
44.42 FOOT CHORD BEARS N84019'30"E' THENCE N06706'00"E, 24.88 FEET TO THE POINT OF
BEGINNING. SAID WATERFRONT DRIVE RIGHT-OF-WAY VACATION PARCEL CONTAINS .31
Ordinance No.
Page 2
ACRE (13,454 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
SECTION H. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of
MAYOR:
ATTEST:
CITY CLERK
20
Approved by:
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 02/16/2016
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 7b
(REZ1 5-00023/SUB1 5-00031) -
ORDINANCE NO.
AN ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY
(RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT
OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PLAN FOR PINE GROVE
LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEEN SCOTT BOULEVARD AND
HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031)
WHEREAS, the applicant, Steve Kohli, has requested a rezoning of property located south of Lower
West Branch Road between Scott Boulevard and Hummingbird Lane from Low Density Single Family
Residential (RS -5) (5.44 acres) and Medium Density Single Family Residential (RS -8)(3.89 acres) to a
Planned Development Overlay (OPD -8) Zone and approval of a Sensitive Areas Development (OPD) Plan
for Pine Grove, a 12 -lot residential subdivision with 10 single family lots and 44 multi -family dwellings.
WHEREAS, the OPD zone is intended to encourage the preservation and best use of existing
landscape features through development that is sensitive to the natural features of the surrounding area;
and
WHEREAS, the proposed OPD plan will allow the clustering of units so that woodlands and groves of
trees may be preserved and incorporated into the design of the development; and
WHEREAS, the mix of single family and multifamily development proposed with the OPD plan is
consistent with the policies of the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation
of RS -5 (5.44 acres) and RS -8 (3.89 acres) to a Planned Development Overlay (OPD -8) Zone and approval
of a Sensitive Areas Development (OPD) Plan for Pine Grove attached and by reference made part of the
this ordinance:
BEGINNING AT THE SOUTHWEST CORNER OF AUDITOR'S PARCEL 2015003, IOWA CITY, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 59, AT PAGE 312, IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S89"40'37"W, ALONG THE SOUTH LINE OF THE PLAT OF SURVEY, AS RECORDED IN PLAT
BOOK 6, AT PAGE 31, IN SAID RECORDS, 667.54 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SCOTT
BOULEVARD; THENCE NORTHWESTERLY, 85.61 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 1587.02 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 85.60 FOOT CHORD BEARS N01 -46'06"W; THENCE N00°19'26"W, ALONG
SAID EAST RIGHT-OF-WAY LINE, 517.04 FEET; THENCE N00`33'57"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 116.21 FEET, TO ITS
INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF LOWER WEST BRANCH ROAD; THENCE SOUTHEASTERLY, 77.85 FEET,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, AND AN ARC OF A 167.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE
77.15 FOOT CHORD BEARS 571`22'25"E; THENCE N31"58'52"E, 33.00 FEET, TO A POINT ON THE NORTH LINE OF SAID PLAT OF
SURVEY; THENCE S58*01'08"E, ALONG SAID NORTH LINE, 260.04 FEET; THENCE S87'08'01"E, ALONG SAID NORTH LINE, 328.54
FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00'20'15"E, ALONG THE EAST LINE OF SAID PLAT OF SURVEY, 33.05
FEET, TO THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2015003; THENCE S21°42'52"E, ALONG THE NORTH LINE OF
SAID AUDITOR'S PARCEL 2015003, A DISTANCE OF 41.41 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00"19'54"E,
ALONG SAID EAST LINE, 151.57 FEET; THENCE SOUTHEASTERLY, 189.82 FEET, ALONG SAID EAST LINE, AND AN ARC OF A
2525.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 189.77 FOOT CHORD BEARS S02`29'07"E; THENCE
SO4°38'20"E, ALONG SAID EAST LINE, 99.92 FEET; THENCE SOUTHEASTERLY, 9.48 FEET, ALONG SAID EAST LINE, AND AN ARC OF
A 125.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 9.48 FOOT CHORD BEARS S02'27'59"E; THENCE
S00°17'38"E, ALONG SAID EAST LINE, 42.48 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.33 ACRES, MORE OR LESS, AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance No.
Page 2
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20_,
MAYOR:
Approved by:
1
ATTEST: ✓x (,�,
CITY CLERK City Attorney's Office
CITY CLERK /
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 02/16/2016
Vote for passage: AYES: Dickens, Mims, Taylor, Throgmorton,
Botchway, Cole. NAYS: Thomas. ABSENT: None.
Second Consideration
Vote for passage:
Date published
that the
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CITY OF IOWA CITY
MEMORANDUM
Date: January 15, 2016
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: Pine Grove REZ15-00023/SUB15-00031
The Pine Grove rezoning and preliminary plat were deferred from the January 7 agenda so that
questions and concerns raised by neighbors and Commission members could be addressed.
These items are discussed below.
Tree preservation: Staff and the applicant discussed adding a maximum footprint to the plat in
an attempt to minimize the number of trees to be removed along Hummingbird Lane. Due to
some questions about the actual location of the trees in relation to the property line, rather than
establish a line on the plat, the City Forester is recommending that the tree protection plan
include protective fencing outside of the drip line of the red maple trees that are not being
removed for the street and infrastructure construction. With this approach the silver maples,
which are located deeper into the lots than the red maples, would not be protected. But that
does not necessarily mean that they would be removed. Individual lot owners may choose to
design and locate houses to avoid the silver maple trees, but given their location deeper into the
lots this will be more challenging when compared to the red maples.
To implement this approach the following note has been added to the plat, "A tree protection
plan including the location of protective fencing will be approved by the City Forester prior to
grading and the issuance of building permits. For lots 7, 8 and 9 the plan will include protective
fencing around the red maples adjacent to Hummingbird Lane that are not being removed for
street and infrastructure installation. The protective fencing will allow for driveways in the
locations shown on the Sensitive Areas Development plan."
Lot 6 is not included in the note because all of the maple trees are located deeper into the lot.
Again, the future lot owner may attempt to locate a house where some of those trees could be
avoid during construction.
Driveway locations: the driveway locations for lot 6 through 9 have been shown on the plat. The
driveways have been located to avoid the red maple trees. Two of the arborvitae and two of the
silver maple trees will need to be removed to allow for driveway construction. Consideration
was given to using shared driveways, but given the location of the trees this would have likely
required more trees to be removed.
Topsoil: A note has been added to page 2 stating that topsoil will be stockpiled and distributed
over disturbed areas after construction is complete.
Sidewalk on Outlot A: The City Forester has recommend against adding a paved sidewalk or
trail to provide access to the pine grove on Outlot A. The construction activity necessary to
build the trial would likely damage the trees.
Siding material: The Commission asked about requiring a higher grade of siding material for the
multi -family buildings. The applicant has responded that the majority of the large apartment
building will consist of a faux stone veneer. Vinyl siding is proposed primarily on the upper floor.
The townhouse style multifamily buildings will include similar durable material around its base
and a combination of vinyl lap siding and shake style siding.
January 15, 2016
Page 2
Traffic: Neighbors expressed concern about additional traffic on Hummingbird Lane and the
safety of intersections in this area. Given destination points, such as employment centers,
schools and shopping areas, MPO Transportation Planners project that the majority of traffic
entering and exiting this development will use Lower West Branch Road to access Pine Grove
and Scott Boulevard. Only two of the lots will have driveways that require access to
Hummingbird Lane.
Hummingbird Lane is 25 feet wide, one foot less than the current subdivision standards for the
residential streets. Many streets throughout the city are 25 feet wide and function adequately.
In the past two years (the most recent period for which records area available) there have been
no recorded accidents on Hummingbird Lane.
Attachments:
Revised Preliminary Plat and Sensitive Areas Development Plan
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To: Planning and Zoning Commission
Item: REZ15-00023 and
SUB15-00031 Pine Grove
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Bob Miklo and
Marti Wolf, Planning Intern
Date: January 7, 2016
Steve Kohli
3129 Dubuque Street NE
Iowa City, IA 52240
(319) 351-5270
Contact: Duane Musser
1917 South Gilbert Street
Iowa City, IA 52240
(319) 351-8282
Requested Action: Rezoning 5.44 acres from RS -5 to RS -8 (3.89 acres of
the property is currently zoned RS -8), rezoning the
entire 9.33 acre property to Planned Development
Overlay Zone (OPD -8) and a preliminary plat of Pine
Grove
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Allow residential development with 10 single family lots
and 44 multifamily dwelling units
South of Lower West Branch Road between Scott
Boulevard and Hummingbird Lane
Approximately 9.33 acres
Single family home - RS -5 and RS -8
North: Assisted living multifamily and single family —
OPD/RS-12 and OPD -8
East: Single Family - RS -5
South: Multifamily OPD -8
West: Duplexes OPD -8
Northeast District Plan
NE3 Lower West Branch
December 17, 2015
January 31, 2016
The applicant, Steve Kohli, is requesting approval for the rezoning of 9.33 acres of land from Low
Density Single Family Residential (RS -5) (5.44 acres) and Medium Density Single Family Residential
(RS -8) (3.89 acres) to a Planned Development Overlay Zone (OPD -8) and a preliminary plat and
sensitive areas development plan for Pine Grove, a 12 -lot residential subdivision with 10 single family
lots, one 36 -unit building, two 4 -unit buildings.
The property currently has a single family dwelling and two garages that the applicant proposes to
remove. The property conations approximately 2 acres of woodland. The woodland was planted by
the previous owner. A sensitive areas plan is required because the applicant proposes to remove
more than 50% of the woodland. The property also contains groves of trees outside of woodland
area.
Good Neighbor Policy: The applicant conducted a Good Neighbor meeting on December 29, 2015.
ANALYSIS:
Current Zoning: The Low Density Single -Family Residential Zone (RS -5) is primarily intended to
provide housing opportunities for individual households. The regulations are intended to create,
maintain, and promote livable neighborhoods. The regulations allow for some flexibility of dwelling
types to provide housing opportunities for a variety of household types (duplexes and attached
single family on corner lots). This zone also allows for some nonresidential uses that contribute to
the livability of residential neighborhoods, such as parks, schools, religious institutions, and
daycare facilities. Related nonresidential uses and structures should be planned and designed to
be compatible with the character, scale, and pattern of the residential development.
The RS -5 zone allows for single family lots with a minimum lot area of 8,000 square feet, and a
minimum lot width of 60 feet. Lots that provide vehicle access from an alley or rear lane have a
minimum lot size of 6,000 square feet, and a minimum lot width of 50 feet. Duplexes or attached
single family lots are allowed on street corner lots provided that there is at least 6,000 square feet per
unit. The RS -5 zone allows for consideration of some non-residential uses, such religious institutions
and day-care centers, by special exception through the Board of Adjustment.
The RS -8 zone is similar to the RS -5 zone, but allows for smaller lot sizes. Single family lots are
required to have a minimum of 5,000 square feet and a minimum lot width of 45 feet. Lots that
provide vehicle access from an alley or rear lane have a minimum lot size of 4,000 square feet, and a
minimum lot width of 40 feet. Duplexes or attached single family lots are allowed on street corner
lots provided that there is at least 4,350 square feet per unit.
Proposed Zoning: The applicant proposes to rezone the RS -5 portion (5.44 acres) of the property to
RS -8 and to apply a Planned Development Overlay to the entire 9.33 acre property. The Planned
Development Overlay Zone is utilized to permit flexibility in the design, placement, and clustering of
buildings. The OPD zone is also intended to encourage the preservation and best use of existing
landscape features through development that is sensitive to the natural features of the surrounding
area; promote efficient land use; promote an attractive and safe living environment compatible with
surrounding residential developments; provide an alternative method for redeveloping older
residential areas; and encourage infill development. In this case the proposed OPD plan will allow
the clustering of units so that woodlands and groves of trees may be preserved and incorporated
into the design of the development, and provide a diversity of housing types.
Comprehensive Plan: Iowa City 2030 Comprehensive Plan Future Land Use Map designates this
area as medium density residential (2-8 dwelling units per acre). The text of the Plan indicates
that medium to higher density development may be appropriate at the intersections of collector
and arterial streets. Scott Boulevard is an arterial street and Lower West Branch Road is a
collector street.
The property is within the Northeast Planning District, which encourages a mix of housing types
and shows the property adjacent to Scott Boulevard as appropriate for town -house style multi-
family development and the portion adjacent to Hummingbird Lane as appropriate for single family
residential development.
In staff's view the mix of single family and multifamily development proposed with this OPD plan is
consistent with the policies of the Comprehensive Plan. Although the applicant is requesting RS -8
zoning for the eastern portion of the property, the proposed lots are considerably larger the than
the minimum 5,000 square feet allowed in the RS -8 zone, or even the minimum 8,000 square feet
allowed by the current RS -5 zone. The larger single family lots will allow more of the existing trees
to be retained. Density that otherwise might be achievable along Hummingbird Lane would be
transferred to the multifamily buildings closer to Scott Boulevard.
Planned Development Overlay (OPD) Plan: To achieve the cluster plan the applicant is requesting
modifications of the zoning regulations to allow clustering of dwelling units into three multifamily
buildings on lots 1 and 2 as opposed to individual lots otherwise required in the RS -8 zone.
Four general standards must be met when the applicant requests waivers of underlying zoning and
subdivision regulations as discussed below:
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation and general layout.
In staff's opinion the proposal meets the standard pertaining to density. The proposed 54
units on 9.33 acres equals approximately 5.8 units per acre. Historically RS -8 zoned
subdivisions have developed at approximately 5.2 units per acre although some have
achieved 8 units per acre.
In staff's opinion the proposal is also compatible with the neighborhood in terms of land use.
The area to the east contains single family homes. The properties to the north contain a mix
of single family dwellings and multifamily buildings. The property to the south contains two
large multifamily buildings. The proposed larger single family lots on Hummingbird Lane and
the east side of Pine Grove Lane, are similar to the existing single family lots in the
neighborhood. The proposed multifamily buildings are similar to other apartment buildings
located along Scott Boulevard. This combination of units provides for clustering and the
preservation of approximately an acre of pine trees located on Outlot A. The larger single
family lots also provide room for new house construction while also preserving many of the
trees along the rear lots lines and along the west side of Hummingbird Lane.
The building mass and scale for the two 4 -unit townhouse style apartment buildings appears
to be compatible with other development in the neighborhood. The buildings are only two
stories tall and are designed with a combination of building materials, porches and variations
in rooflines, making them to appear similar in scale to large single family houses.
The 36 -unit building will be three floors of residential over a basement level parking garage.
Although large (280 feet long), the building is divided into bays and is articulated with
balconies, and changes to building materials. The building considerably exceeds the
minimum required setbacks from property lines (40' front setback required — 62' provided, 20'
rear setback required — 55' provided, 7' side setback required — 29' to 166' provided). The
additional setbacks and resulting open space should help the large building fit into the
neighborhood.
2. The development will not overburden existing streets and utilities.
Transportation Planners estimate that this proposed development will generate approximately
390 vehicle trips per day. Counts conducted by the Iowa DOT in 2014 indicate that Scott
Boulevard is currently operating well under capacity with an average daily traffic count of
approximately 9,000 vehicles. The Highway Capacity Manual indicates that the capacity of
an arterial street with similar characteristics to that of Scott Boulevard is approximately
19,200 vehicles per day. Similarly, 2014 DOT counts indicate that Lower West Branch
Road experiences an average daily traffic count of approximately 1,000 vehicles — well
under the stated Highway Capacity Manual capacity of 14,200 vehicles per day for this type
of roadway. While some of the traffic generated may choose to use Hummingbird Lane
for access, it is anticipated that a majority of the traffic will choose to access Scott
Boulevard via Lower West Branch Road.
Stormwater from the majority of the property will be directed to an existing basin located on
the adjacent lot to the south. The basin is sized for development on this property and an
easement grants drainage rights to this property. The lots along Hummingbird Lane drain
toward Lower West Branch Road and Hummingbird Lane. The applicant will need to
demonstrate to the City Engineer that the existing storm sewer in Hummingbird Lane and
Lower West Branch Road have the capacity for the additional runoff, or design the
development to provide additional stormwater detention.
Municipal water and sanitary sewer services are adequate to serve the proposed
development.
3. The development will not adversely affect views, light and air, property values and privacy
of neighboring properties any more than would a conventional development.
In staff's opinion the application meets this standard. The existing RS -5 and RS -8 zoning
on this property allows single family homes to be as tall as 35 feet. The applicant proposes
two 2 -story townhouse style buildings that will be approximately 20 feet in height.
The 36 -unit building will be approximately 35 feet tall. As noted above the building will be
setback considerably farther from the property lines than required by the RS -8 zone. The
proposed clustering of development will allow many of the trees on the property to be
preserved, and therefore should preserve the views of many of the existing dwellings in the
area.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in harmony
with the purposes of this Title, and with other building.regulations of the City.
The applicant is proposing to cluster 44 units into attached dwellings rather than single
family houses. The clustering will allow preservation of woodland and groves of trees that
otherwise might be removed if a conventional single family subdivision were to be built on
this property. As discussed above the multifamily buildings are similar in scale to other
projects along Scott Boulevard and contain generous setbacks to provide a sense of open
space.
Environmentally Sensitive Areas: The proposed Lot 1 and Outlot A contain a pine -woodland.
The trees were planted in rows sometime after the mid-1970s by Louis Frank, the previous
property owner. Proposed lot 2 contains deciduous trees that may have also been planted by Mr.
Frank. Although these are not old growth trees they do constitute a woodland and the sensitive
areas provisions of the zoning code do apply.
The development has been designed to preserve approximately an acre of woodland on Outlot A,
which will be maintained by a homeowners' association as private open space for the use of the
residents of lots 1 and 2. Because of the density some of the pine trees may need to thinned to
provide adequate spacing for long-term survival. At the time of final plat approval the developer's
agreement will need to set forth the procedures to be followed for maintaining the open space
areas and for financing maintenance costs.
Groves of trees are located along the west side of Hummingbird Lane, the south property lines of
proposed lots 3 — 6, and along the rear lot lines of proposed lots 7 - 12. The eastern portion of the
subdivision has been designed with larger single family lots to allow many of these trees to be
preserved, although some will need to be removed to allow for Pine Grove Lane and driveways to
individual lots.
Subdivision design: The preliminary plat includes the construction of Pine Grove Lane, which
will connect Lower West Branch Road and Hummingbird Lane. Pine Grove Lane will provide
driveway access to all lots except 7, 8 and 9, which will have access to Hummingbird Lane. A
private drive from Pine Grove Lane will provide access to the multifamily buildings that front onto
Scott Boulevard and Pine Grove.
Neighborhood Open Space: A subdivision of this size requires the dedication of 15,280 square
feet of neighborhood open space or fees in lieu of. The Parks and Recreation Department has
determined that fees are appropriate in lieu of neighborhood open space dedication. The fee will
be equivalent to the value of 15,280 square feet of property. This requirement will need to be
addressed in the legal papers for the final plat.
Infrastructure fees: A water main extension fee of $435 per acre applies to this subdivision. This
should be address in the legal papers at time of final plat approval.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred pending approval of a preliminary stormwater
management plan by the City Engineer. Upon approval of the stormwater management plan staff
recommends approval of REZ15-00023/SUB15-00031, a rezoning of 9.33 acres from Low Density
Single Family Residential (RS -5) and Medium Density Single -Family Residential (RS -8) to Planned
Development and Overlay Zone (OPD -8), and a Preliminary OPD Plan and Plat of Pine Grove, a
12 -lot residential subdivision with 10 single family lots and 44 multi -family dwellings located south
of Lower West Branch Road between Scott Boulevard and Hummingbird Lane.
ATTACHMENTS:
1. Location Map
2, Preliminary Plat and Sensitive Areas Plan
3. Elevations drawings
4. Correspondence
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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Bob Miklo
From: Hamilton, Gregory E <gregory-hamilton@uiowa.edu>
Sent: Wednesday, December 30, 2015 10:52 AM
To: d.musser@mmsconsultants.net; Bob Miklo
Subject: Proposed subdivision at SE Corner of Lower West Branch Rd and Scott Blvd --comments on
"Pine Grove Ln" access to Hummingbird Ln
Duane and Bob,
Thank you for the presentation on Tuesday evening, December 29, regarding the proposed new subdivision at
the SE corner of Lower West Branch Rd and Scott Blvd. My comments are on the MMS drawing as of
12-29-15.
My main concern is with havine the newlv created "Pine Grove Lane" intersect with Humminebird
Ln. The newly created intersection would be almost directly across the street from my single family home. We
have seven young children living at home, including one with special needs (Down Syndrome). There is a great
deal of walking traffic on Hummingbird Ln currently. Because it is a quiet street, there are a number of young
children on bicycles, young mothers with strollers, elderly individuals in wheelchairs from the nearby nursing
home, joggers, and dog walkers who seek this quiet stretch of road out for recreational purposes. Incidentally,
the proposed Hummingbird Ln and Pine Grove Lane intersection is exactly where a small herd of 8-12 deer
routinely cross the road (and live on the west side of Hummingbird Ln). Creating an intersection would
significantly increase the traffic count on the quiet road of Hummingbird Ln. In my view, this is unnecessary,
inconvenient for the new property owners, and potentially dangerous.
The new subdivision would consist of 54 additional households, each potentially with multiple vehicles (i.e. 10
single family lots, two separate four unit townhomes, and a 36 unit apartment building). This could add
significant additional traffic to Hummingbird Lane.
1. ALTERNATE PROPOSAL ONE—TURN PINE GROVE LANE INTO A CUL DE SAC WITH SOLE
ACCESS ON LOWER WEST BRANCH ROAD: Having "Pine Grove Lane" access the main, arterial road of
Lower West Branch Road to the north does make sense. Lower West Branch Road is a larger road that is
designed to handle the additional volume of traffic. In my view, the Lower West Branch access should be
sufficient. It could be possible to turn "Pine Grove Lane" into a cul de sac by simply ending the proposed road
at the driveway access to single family lots 5 and 12. The road would then NOT continue between Lot 6 and
Lot 7. Lot 6 and Lot 7 could be joined by a common property line, and Lot 6 and Lot 7 could each have their
driveway access on Hummingbird Lane.
2. ALTERNATE PROPOSAL TWO—IF PINE GROVE LANE NEEDS TO ACCESS TWO ROADS,
MAKE THEM THE MAIN ARTERIAL ROADS OF LOWER WEST BRANCH ROAD AND SCOTT
BLVD: If making Pine Grove Lane into a cul de sac is not acceptable for some reason, then in my view it
makes more sense to keep the access to Lower West Branch Rd and have the second intersection of Pine Grove
Lane be directly to Scott Blvd. This could have several benefits:
A. Access to Hummingbird Ln is not convenient for the property owners in the new subdivision. When cars
are "cutting through" Hummingbird Ln, they are often doing so at a high rate of speed, and it is foreseeable that
this would create a safety problem with increased traffic. Additionally, Hummingbird is not the most direct
route for the new property owners to get to any conceivable destination. Rather, it is an indirect detour to two
already dangerous intersections at (i) Scott Park Dr and Scott Park Blvd and (ii) Scott Park Dr and Court St.
i. One outlet for traffic southbound on Hummingbird Ln is at the
intersection of Scott Park Dr and Scott Park Blvd. Scott Park Blvd continues west and changes to
Washington St, so this is a busy and dangerous intersection. I am aware of several serious accidents at this
intersection, including one in which cars collided and one flipped over.
ii. Another outlet for traffic southbound on Hummingbird Ln is at the
intersection of Scott Park Dr and Court St. This is also a dangerous intersection—in this case because of the
grading. There is the peak of a hill on Court St just to the East of this intersection, which makes for a blind
spot. West bound traffic on Court St tends to travel at a high rate of speed and cannot see this intersection, or
be seen by traffic at Scott Park Dr until both drivers are almost on top of each other. It does not make sense to
route more traffic through this dangerous blind spot. It makes more sense to route the new subdivision directly
onto Scott Park Blvd where they could safely access Court St at the traffic light.
B. At the 12-29-15 meeting, numerous neighbors noted that the existing intersection at Lower West Branch
Rd and Scott Blvd is often highly congested (particularly with traffic from St. Patrick's Church and other new
east side subdivisions). This congestion makes this intersection potentially dangerous, particularly since there is
no traffic light. A 54 household subdivision could potentially justify its own, separate access directly to Scott
Blvd to keep from adding to this traffic congestion.
I plan to attend the January 7 meeting at City Hall and would be interested in discussing this issue.
Respectfully,
Greg Hamilton, JD
260 Hummingbird Ln
Iowa City, IA 52245
319-335-8623 daytime (work)
gregory-hamilton a,uiowa.edu
Bob Miklo
From: mmmitros@mchsi.com
Sent: Thursday, December 31, 2015 9:30 AM
To: PlanningZoningPublic
Cc: Bob Miklo
Subject: rezoning proposal at Scott Blvd. and Lower West Branch Rd
Dear Members of the Planning and Zoning Committee,
I am writing to let you know of my concerns about the proposed development plan you will review for the property at -
the corner of Lower West Branch Road and Scott Blvd. Please look at it very carefully and take the time it requires to
make a decision that considers the crucial safety issues as well as the beauty of this wooded property.
First, safety. Hummingbird lane is a short residential street that exits to the south onto a curved street(Scott Park
Blvd.) that also involves a hill on the curve to the west and two driveways that are the only exits for an apartment/condo
complex as well as the senior living complex. It is not designed to carry more than the usual narrow street traffic of a
neighborhood street two blocks long. When Hummingbird Lane became a city street it was designed with the plan to
keep the traffic pattern low in response to the concerns voiced by the residents at that time. If this proposal is carried
out it will negate the low traffic plan/need for this area. As you can see, the current proposal is a very complex issue for
those of us who currently live on the lane as well as those who will buy property in the new development. Please look
for an alternate exit for the traffic from the four-plexes and the apartments as well as the single family homes that do
not face Hummingbird Lane.
A second safety concern is for the added traffic at the corner of Lower West Branch Road and Scott Blvd. that will
result from this development. Considering the traffic pattern there that already exists, I believe a light is needed for
safety when this added traffic from this property development becomes a reality. Could an exit onto Scott Blvd be a
benefit? Please consider that.
Second, the beauty of this wooded property. The owner of this land planted the trees in a specific design to add to
the beauty of the neighborhood and to benefit the drainage pattern in the southern part of his property. If you drive
down Hummingbird Lane in the Spring and Fall you will see the mix of colors he planned that are truly breath taking. At
the meeting on Tuesday of this week it was mentioned that saving as many trees as possible would be a part of the plan.
Please check to see if this is accurate. It was also mentioned that there would be a "condition of approval" clause as
part of the purchase agreement for the single family lots stating(I think) that the homes be built without destroying
trees and that as few trees as possible be destroyed for the driveways. At the meeting next week, could you please
clarify this if I do not have it stated correctly? Saving as much of the wooded aspect of this property for the positive
environmental aspect is important for our community.
This proposal came to those of us who live in the neighborhood at a very busy time of year. I feel we got short notice
for the meeting this week so that some who may have wanted to attend could not change plans to do so. Also, a few of
our neighbors are out of town. Please do not rush a decision. I hope to be able to contact all of our neighbors on
Hummingbird Lane before the meeting next week so that they can participate.
Thank you for your attention to my concerns. I look forward to discussing them with you on Jan. 7th.
Sincerely,
Monica Maloney-Mitros
290 Hummingbird Lane
1
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JANUARY 21, 2016 — 7:00 PM — FORMAL
OFFICE OF MPOJC — CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Mike Hensch, Phoebe Martin,
Max Parsons, Jodie Theobald
MEMBERS ABSENT: Ann Freerks,
STAFF PRESENT: Sara Hektoen, Bob Miklo, Ben Clark
OTHERS PRESENT: Duane Musser
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommends approval of REZ1 5-00023/SUB1 5 -00031, a
rezoning of 9.33 acres from Low Density Single Family Residential (RS -5) and Medium Density
Single -Family Residential (RS -8) to Planned Development and Overlay Zone (OPD -8), and a
Preliminary OPD Plan and Plat of Pine Grove, a 12 -lot residential subdivision with 10 single
family lots and 44 multi -family dwellings located south of Lower West Branch Road between
Scott Boulevard and Hummingbird Lane.
By a vote of 6-0 the Commission recommends approval of VAC15-00007, an application
submitted by Equity Ventures, requesting vacation of approximately 13,454 square feet of
Waterfront Drive running east -west between 1402 and 1411 Waterfront Drive, subject to
retention of utility easements and approval of a final plat prior to final approval of the vacation
request. The final plat shall include plans for utility relocation and a plan for temporary access to
the Car -X property during construction and a permanent access easement.
Eastham called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
REZONING/DEVELOPMENT ITEM (REZ15-00023/SUB15-00031)'
Discussion of an application submitted by Steve Kohli for a rezoning of approximately 9.33 -
acres from Low Density Single Family (RS -5) zone and Medium Density Single Family (RS -8)
zone to Planned Development Overlay (OPD -8) zone and a preliminary plat and sensitive areas
development plan for Pine Grove, a 12 -lot residential subdivision with 10 single family lots and
44 multi -family dwellings located south of Lower West Branch Road between Scott Boulevard
and Hummingbird Lane.
Miklo noted that since the last meeting Staff has received a set of new plans for the subdivision
Planning and Zoning Commission
January 21, 2016 — Formal Meeting
Page 2 of 10
that attempt to address some of the concerns raised at the last meeting from both the
Commission and the public. Miklo noted that a significant issue was the preservation of trees.
The new plan shows the trees that will be removed due to the grading of the land for
infrastructure and the building of the multi -family structures, and the likely area that will be
cleared for the house lots. He did note for lots 10, 11 & 12 it will be up to the individual lot owner
to possibly save additional trees that are not within the protected area, but may not be necessary
to remove when houses our built. Miklo stated there are some significant White Pines along
Lower West Branch Road that would be fenced off subject to a tree protection plan provided by
the City Forester as well as spruces that were planted along what will be the new property lines
on the east side of the houses. These were all items on the previous plan as well, what is new
on this plan is the note on the plat that states the City Forester would approve a tree protection
plan including fencing.
Miklo noted that they did discuss the possibility of identifying the maximum building area on lots
6, 7, 8 & 9 but after discussion with the City Forester and the applicant, it was decided a better
approach would be to require that at the time of construction and a protective fence would be
placed outside the drip line of the red maples. A fence would not be required around the silver
maples, but that doesn't mean they would be removed, it would be up to the individual property
owners. The City Forester approved this approach so that many of the red maples could be
saved and some of the silver maples might be saved. The new plat also identifies the location of
driveways for lots 8 & 9 and those have been positioned to best avoid the red maples. In the
previous plan there was an option for lot 7 to have a driveway on either Hummingbird Lane or
Pine Grove Drive but now it is identified as being on Pine Grove Drive to help preserve the trees.
The maples on lot 6 are not included on the note on the plat because they are deeper on the lot
and although it may be possible, it would be harder to work around those trees. Consideration
was given to using shared driveways, but given the location of the trees this would have likely
required more trees to be removed.
Miklo stated that they also discussed the possibility of a trail to go to Outlot A. The City Forester
has recommend against adding a paved sidewalk or trail to provide access to the pine grove on
Outlet A. The construction activity necessary to build the trial would likely damage the trees.
Miklo also noted that the topsoil will be stockpiled and distributed over disturbed areas after
construction is complete.
Regarding the question of siding material on the multi -family building, Miklo stated the applicant
has indicated that the majority of the large apartment building will consist of a faux stone veneer.
Vinyl siding is proposed primarily on the upper floor. The townhouse style multifamily buildings
will include similar durable material around its base and a combination of vinyl lap siding and
shake style siding.
The discussion from neighbors about traffic on Hummingbird Lane was also addressed. Miklo
said the Transportation Planner looked at the area again and feels it is adequate for the traffic
anticipated in this development. The street is 25 feet wide, only 1 foot narrower than the current
standards and there are no recorded accidents on this street, or at the two intersections
Staff is recommending approval of REZ1 5-00023/SUB1 5 -00031, a rezoning of 9.33 acres from
Low Density Single Family Residential (RS -5) and Medium Density Single -Family Residential
(RS -8) to Planned Development and Overlay Zone (OPD -8), and a Preliminary OPD Plan and
Plat of Pine Grove, a 12 -lot residential subdivision with 10 single family lots and 44 multi -family
Planning and Zoning Commission
January 21, 2016 — Formal Meeting
Page 3 of 10
dwellings located south of Lower West Branch Road between Scott Boulevard and Hummingbird
Lane.
Theobald asked if the City Forester commented on the condition of red maple trees. Miklo
replied that yes he did look at those and thought they were for the most part healthy and as for
the silver maples, some were healthy and some had been improperly pruned but had a lot of
years left in them.
Eastham questioned the diagram and not seeing any designated play area for children and
wondered if the homeowner's association could use part of Outlot A for a children's play area.
Miklo said that is actually something the City would want to discourage given that it is a densely
wooded area. He said the woodland might make a good natural play area. There might be an
opportunity for playground equipment around the multi -family structure, although it is very sloped
in that area. The nearest established park is Frauenholtz-Miller Park, about a half mile to the
east.
Eastham opened the public hearing.
Duane Musser (MMS Consultants) stated that the on lots 6 & 7 the area shown on the plat is
where the driveways could be, but they will not be as large as shown on the plat. Those
driveways show the closest they could be to Hummingbird Lane and stay within the City's
approved design standards.
Eastham asked if the residences in the multi -family unit will have access to the building
entrances along Scott Boulevard. Musser replied that yes, there will be a main corridor and
elevator that will go from that door straight to a door on the back of the building as well. Eastham
asked where the grade level entrances are on this building. Musser said there are three
doorways on the west side of the building will be ADA accessible. The entrance from the garage
level will also be accessible.
Eastham closed the public hearing.
Hensch moved to approve REZ16-000231SUB15 -00031, a rezoning of 9.33 acres from Low
Density Single Family Residential (RS -5) and Medium Density Single -Family Residential
(RS -8) to Planned Development and Overlay Zone (OPD -8), and a Preliminary OPD Plan
and Plat of Pine Grove, a 12 -lot residential subdivision with 10 single family lots and 44
multi -family dwellings located south of Lower West Branch Road between Scott
Boulevard and Hummingbird Lane.
Martin seconded the motion.
Hensch noted that the issues that were discussed at the last meeting were addressed.
Parsons agreed and said with the correct protections for the trees.
A vote was taken and the motion passed 6-0.
VACATION ITEM VAC15-00007:
Discussion of an application submitted by Equity Ventures for the vacation of an approximately
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ1 5-00023/SUB1 5-00031) r-,
c�
ORDINANCE NO.
AN ORDINANCE REZONING 9.33 ACRES OF PROPERTY FROM LOW DE II' SGLE ILY
(RS -5) ZONE AND MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PIL DEVELOPMENT
OVERLAY (OPD -8) ZONE AND A SENSITIVE AREAS DEVELOPMENT PIL -'4,ORVINEXAOVE
LOCATED SOUTH OF LOWER WEST BRANCH ROAD BETWEE COTT 6OLI&VARV
HUMMINGBIRD LANE. (REZ15-00023/SUB15-00031)
C_n
WHEREAS, the applicant, Steve Kohli, has requested a rezoning of operty located`'outh of Lower
West Branch Road between Scott Boulevard and Hummingbird Lane f m Low Density Single Family
Residential (RS -5) (5.44 acres) and Medium Density Single Family Re idential (RS -8)(3.89 acres) to a
Planned Development Overlay (OPD -8) Zone and approval of a Sensitiv Areas Development (OPD) Plan
for Pine Grove, a 12 -lot residential subdivision with 10 single family lots a 44 multi -family dwellings.
WHEREAS, the OPD zone is intended to encourage the pre rvation and best use of existing
landscape features through development that is sensitive to the natu al features of the surrounding area;
and
WHEREAS, the proposed O D plan will allow the clustering of nits so that woodlands and groves of
trees may be preserved and incor rated into the design of the de elopment; and
WHEREAS, the mix of single amily and multifamily devel pment proposed with the OPD plan is
consistent with the policies of the Com rehensive Plan; and
WHEREAS, the Planning and Z ing Commission has eviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY E CITY CO CIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described bel6Kv is he by reclassified from its current zoning designation
of RS -5 (5.44 acres) and RS -8 (3.89 acres) to aP nn Development Overlay (OPD -8) Zone and approval
of a Sensitive Areas Development (OPD) Plan forGrove attached and by reference made part of the
this ordinance: Pr
BEGINNING AT THE SOUTHWEST COR/7A
OF AUDITOR'S PA EL 2015003, IOWA CITY, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RDED IN LAT BOOK 9, AT PAGE 312, IN THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE S89""W, AL G THE SOUT LINE OF THE PLAT OF SURVEY, AS RECORDED IN PLAT
BOOK 6, AT PAGE 31, IN SAID RECORDS, 6FEET, 0 ITS INTERSE N WITH THE EAST RIGHT-OF-WAY LINE OF SCOTT
BOULEVARD; THENCE NORTHWESTERLY, 85EET, ONG SAID EAST RIG T -OF -WAY LINE, AND AN ARC OF A 1587.02 FOOT
RADIUS CURVE, CONCAVE NORTHEASTERLYOSE 5.60 FOOT CHORD BE S N01.46'06"W; THENCE N00°19'26"W, ALONG
SAID EAST RIGHT-OF-WAY LINE, 517.04 FEEN N00'13'57"E, ALONG SAID AST RIGHT-OF-WAY LINE, 116.21 FEET, TO ITS
INTERSECTION WITH THE SOUTH RIGHT -OF E OF LOWER WEST BRANCH AD; THENCE SOUTHEASTERLY, 77.85 FEET,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, AARC OFA 167.00 FOOT RADIUS C VE, CONCAVE SOUTHWESTERLY, WHOSE
77.15 FOOT CHORD BEARS S71°22'25"E; THN31°58'52"E, 33.00 FEET, TO A 1301 ON THE NORTH LINE OF SAID PLAT OF
SURVEY; THENCE S58°01'08"E, ALONG SAIDTH LINE, 260.04 FEET; THENCE S87°08' "E, ALONG SAID NORTH LINE, 328.54
FEET, TO THE NORTHEAST CORNER THEREHENCE S00"20'15"E, ALONG THE EAST L E OF SAID PLAT OF SURVEY, 33.05
FEET, TO THE NORTHWEST CORNER OF SADITOR'S PARCEL 2015003; THENCE S21°4 2"E, ALONG THE NORTH LINE OF
SAID AUDITOR'S PARCEL 2015003, A DISTAOF 41.41 FEET, TO THE NORTHEAST CORNE THEREOF; THENCE S00°19'54"E,
ALONG SAID EAST LINE, 151.57FEET;TH SOUTHEASTERLY, 189.82 FEET, ALONG SAID AST LINE, AND AN ARC OF A
2525.00 FOOT RADIUS CURVE, CONCA E NORTHEASTERLY, WHOSE 189.77 FOOT CHORD EARS 502"29'07"E; THENCE
504'38'20"E, ALONG SAID EAST LINE, 99. 2 FEET; THENCE SOUTHEASTERLY, 9.48 FEET, ALONG SAI EAST LINE, AND AN ARC OF
A 125.00 FOOT RADIUS CURVE, CO VE SOUTHWESTERLY, WHOSE 9.48 FOOT CHORD BE S S02"27'59"E; THENCE
S00"17'38"E, ALONG SAID EAST LINE, 4 .48 FEET, TO SAID POINT OF BEGINNING, CONTAINING 9.33 A ES, MORE OR LESS, AND
SUBJECT TO EASEMENTS AND RESTRI IONS OF RECORD.
SECTION II. ZONING AP. The Building Inspector is hereby authorized and directe to change the
zoning map of the City of I a City, Iowa, to conform to this amendment upon the final pas ge, approval
and publication of this ordi nce by law.
SECTION III. CERT ICATION AND RECORDING. Upon passage and approval of the Or ' ance, the
City Clerk is hereby aut orized and directed to certify a copy of this ordinance and to record the same, at the
office of the County corder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance No.
Page 2
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effe fter its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20_.
RDA:
ATTEST:
CITY CLERK
CITY CLERK
Approved by;
Attorney's Office
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Prepared by: Stefanie Bowers, Equity Director/Human Rights Coordinator, 410 E. Washington St., Iowa City, IA
52240 (319) 356-5022
ORDINANCE NO. 16-4658
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 2, ENTITLED "GENERAL PROVISIONS," SECTION 2-1-1,
ENTITLED "DEFINITIONS; PUBLIC ASSISTANCE SOURCE OF INCOME," TO
INCLUDE HOUSING CHOICE VOUCHER SUBSIDIES AND SIMILAR RENT SUBSIDY
PROGRAMS AND TO CLARIFY THE DEFINITION OF "HOUSING TRANSACTION."
WHEREAS, the Human Rights Ordinance currently excludes rent subsidies in the definition of Public
Assistance Source of Income; and
WHEREAS, the exclusion of rent subsidies in the definition of Public Assistance Source of Income
creates inequalities in the rental market; and
WHEREAS, every resident or potential resident of Iowa City should not be restricted or denied the
opportunity to apply for and reside in a housing unit that meets their income qualifications; and
WHEREAS, the exclusion of rent subsidies are contrary to Iowa City's commitment to ensure fair
housing opportunities for all; and
WHEREAS, in Ordinance No. 15-4650, the definition of Housing Accommodation was deleted
because it is not a term used by HUD (the U.S. Department of Housing and Urban Development), but that
term remained within the definition of Housing Transaction; and
WHEREAS, the definition of Housing Transaction should be amended to delete the term Housing
Accommodation; and
WHEREAS, it is in the best interest of the City to adopt these amendments to further fair housing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 2, entitled "General Provisions," Section 1, entitled
"Definitions," is amended by repealing the definitions of "Housing Transaction" and "Public Assistance
Source of Income" and replacing them with the following:
Housing Transaction: The sale, exchange, rental or lease of real property and the offer to sell, exchange,
rent or lease real property.
Public Assistance Source of Income: Income and support derived from any tax supported federal, state or
local funds, including, but not limited to, social security, supplemental security income, temporary
assistance for needy families, family investment program, general relief, food stamps, and unemployment
compensation, Housing Choice Voucher subsidies and similar rent subsidy programs.
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 effective June 1, 2016.
Passed and approved this 16thday of February , 2016.
MAY Approved by:
ATTEST:
CITY CC RK
City Attorney's Office
Ordinance No. 16-4658
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
x
Botchway
x
Cole
x
Dickens
x
Mims
x
Taylor
x
Thomas
x Throgmorton
First Consideration 02/02/2016
Vote for passage: AYES: Cole, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: Dickens.
Second Consideration _
Vote for passage:
Date published 02/25/2016
Moved by Mims, seconded by Botchway, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote
be waived and the ordinance be voted upon for final passage
at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Botchway,
Cole, Dickens. NAYS: None. ABSENT: None.
C�
Marian Karr
From: Paula and Richard Vaughan <prvaughan@mchsi.com>
Sent: Thursday, February 04, 2016 1:32 PM
To: Council
Subject: Human Rights Ordinance
City Council Members,
I strongly support the Human Rights Ordinance to ban landlords and property managers from discriminating
against our citizens who receive assistance to pay for housing, i.e. Section 8 vouchers. Blocking right -to -rent
based solely on assistance is pure discrimination and does not belong in our community. Our business
community needs workers with a wide range of income.
They in turn, need housing opportunities.
I hope you will support the ban.
Paula Vaughan
Paula & Richard Vaughan
prvaughan(a),mchsi.com
February 5, 2016
Memo to the Iowa City Council
Re: "Section 8" Measure
As a resident of Iowa City who is usually proud its vibrant culture, including the summer festivals, its
history, and its welcoming attitude to newcomers of all kinds, I was dismayed to read the Gazette
article in the newspaper today beginning with these words: "It's a common notice to encounter when
scanning local apartment listings: 'No Section 8 allowed"' but at the same grateful to the Gazette for
giving this story front-page attention. [See also Press Citizen. on 3-4.] I am also grateful to the
Council for considering a remedy: making participants in the Housing Choice Voucher program a
protected class under local fair housing laws.
It's common knowledge that in our communities in Johnson County, but even more so in Iowa City,
available apartments are scarce and rents are high for many not just for those with the lowest
incomes and/or section 8 vouchers. All the more reason to make sure that the most vulnerable
among us, including apartment seekers with federally funded vouchers to help them pay their rent,
have equal and fair access to available apartments in the city. Already perhaps challenged in securing
affordable food, clothing, and medical services, they should not have to face additional impediments
in finding a place to live.
"No Section 8 Allowed." 1 realize this "common notice" [Gazette] in local apartment listings is
currently not illegal, but, as the City's Human Rights Commission just reminded us, that doesn't
necessarily make it right. Ideally, apartment complexes, like towns, should have a goal of creating
economically diverse neighborhoods to stabilize each of them, their residents, and the town.
As both the articles note, there are some apartment owners in the community who oppose this
change, worrying that it would force them to rethink their advertising practices or screening
procedures. But even if the change does affect the few, on the other hand it could make apartment
hunting for any new section 8 participants much less discouraging. I say it's worth trying. Unlike
many almost irrevocable decisions the Council makes each year (involving large physical structures), it
is not "written in stone." It could be changed again with Council approval it is proves to be (what I
doubt) more trouble than it's worth.
I applaud the City Council's interest in leveling the playing field for Section 8 voucher recipients.
Syndy Conger
1915 Calvin Avenue
Iowa City, Iowa 52246
X
i
r
Marian Karr
From:
Sally Scott <salwah.scott@gmail.com>
Sent:
Monday, February 08, 2016 3:03 PM
To:
Council
Subject:
Ending Discrimination Against Housing Choice Vouchers
To Members of the City Council of Iowa City,
On behalf of the Johnson County Affordable Homes Coalition, I am writing to thank you for voting
unanimously on February 2, 2016 to end discrimination against people using Housing Choice
Vouchers to help pay for a place to live. - -
As was emphasized by Council Member Botchway during the Council meeting, refusing to show or
rent an apartment to someone simply because that person is using a Housing Choice Voucher is a
form of discrimination. Ending discrimination in the housing market is the core of fair housing, and is
essential to creating more economically integrated neighborhoods in Iowa City.
We look forward to working with you on addressing creating more fair and affordable housing in our
community.
Sincerely,
Sally Scott
Chair, Johnson County Affordable Homes Coalition
205 Black Springs Circle
Iowa City, IA 52246