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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 Cl 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 it C: 0 U > CD 0 L 0 C +J O L U N Q N U U N U U N U U U 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 W O c? L� rn C71 a r, Redevelopment of the SEC of Hwy 6 & Gilbeeet-.j- _ c� rte. N 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 LO �= LL .rr t1� 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" � N AOOORDANOG WIR1 M PIAT hQ 'ELT RM01CM N PIAT DXK 91 Ar PARE W Or M MMS a- TW- .VM4" LAMY R RTY.E j 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 o-e7•zA'34• /' � !�OM4aCc ASHG 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 Pages or ehaeb covered by ihb sed: SEAL DOM -NON I 0-2 / PAQS� CB-Si2W43'E y� N AC4MANM wRH TSE M7 TH5MW RCGORD® CS N PLAT VOM ! A7 PAeM 54 Cr TtE � 0' MS'4O1S /I M JOWSON LAMY RCOORP" Lrra- POINT OF 6.2rar � r4S0o' o-34Kygp• BEGINNING T -4&W fYg0.48' Ls 72s4 T -3&w R-75.00' CB-N343Y4YE C-77.47' L�41Lar T -zags' CB-SFb5.30"E 0-44.42' ..,n'E 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 Pages or ehaeb covered by ihb sed: SEAL a x0`Okm2off <�_ V;4� ! J111� t�M01 ` CA *0*. C01 -M cDi� 18310AIi� g QDZD30Vo D� dZ f)Ibtn - 3 � G7g t7 z o n m D x _I I > m �4 ox -U* mit ro O 'or 0, zo�D �� F to yr N N Z 9 CA CJ 9010Ax ' P a t r% O �f CARLOS VINSPIRD IS - T 'YY MEX- 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 r Dy -=( r-- �n-t CJ � 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 Z a f— Z W 2 CL o LU >ii[t w °]0 Dad U) ¢ p o j/!W H V�p� U zw¢IJ wZ_� ig 0a°L: Z fE F- <, J Z_ J W oc o.. p _ 3t! 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IIIIIIII'' 'li ■ ■ ■ ■ lill''I,!,I''■■■■ !■■u MEMO MMES ■ma■ ■as■ ■E.■ ■m■ OMEN moon noon mass ■as■ ■En■ mesa ■o■ .mem ..m 'Il VIII III on M.1.son uuu nviwuul" � .. , IIIIIINIIIIIIIIIII l IIIIIIIIIIIIIII� p —_ I loomm .111111 ■..■ I min Fr all L_ 7�1 �\ 1 a 40WA QMR0 1w" smvla7�v yttHe ve)IEFr- L, M-fj.IRi IWO . %OO fL WIOOUNI Lm fps WI�hK r 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. 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CO o z Q r z 0 Q C7 LU f - co vil a IgoiIII ieee N 3.1slid:. @° !!• @ _' to : 1€ia e z g a — — z LU — — 0 LU 119LU T W a � cn>3: Lu 09 U L) I U) Z 0�5 w a ®� U) .91 a Vin€ LU �!€8 a U U) 0 z g o w= M a � 0 3 6 i e bb 4q i 3 [ M t$R $s 8 V LO IIIA "md'®UmAM1MOR I VOA"Wd'G m alf os .UMS -111Va .5 noo U038 110H JL6 SM 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. 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N§[m. n €'.gym:ii . imrir� w - :■ r' , . w . g11110.II w veaea�c _e »»^y | : � . .� � \«. � � � /\� ./: � «c � : >_ . � �,�� \\. ^ s« ���\ � ` � ] \ /�� » � . � \ >�� .. � , /�� \ \\� \ � \ ._ � � \ �� \ � { � : . «� y � ,� � � � w f �: / \ \ . \� � .� «� � �� �� . \� ~�\ .yam : :..� w : � IIIIIIIIMll 1� j` 1 :: ■' ■ ■!Isis ...e I mmmumaour 1110109 WRIA N 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 C7� tiµ N) " t{ 3:0 ut , r-, 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