HomeMy WebLinkAbout2017-01-17 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at 7:00
p.m. on the 17th day of January, 2017, in Emma
J. Harvat Hall, 410 E. Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. Resolution amending the
Comprehensive Plan to change
the land use designation from
Residential 2 to 8 dwelling units
per acre to Residential 8 to 16
units per acre for property located
at the northeast corner of Camp
Cardinal Rd. and Camp Cardinal
Blvd.
2. An ordinance changing the zoning
from Planned Development
Overlay (OPD -5) zone to Low
Density Multi -family (RM -12) zone
for 3.48 acres of property located
at the northeast corner of Camp
Cardinal Rd. and Camp Cardinal
Blvd.
3. An ordinance vacating alley right-
of-way between 320 and 322 Ellis
Ave.
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Comprehensive Plan Item
A public hearing for an amendment to the Comprehensive
Plan to change the land use designation of property located at
the NE corner of Camp Cardinal Road and Camp Cardinal
Boulevard from Residential 2 to 8 dwelling units per acre to
Residential 8 to 16 dwelling units per acre. (CPA16-0003).
NDS
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An application submitted by
TSB Investments LLP, on behalf of
St. Andrew Presbyterian Church
for a Comprehensive Plan Amendment to
change the designation from 2-8 DUA to
8-16 DUA for the 3.48 -acre properly at
Camp Cardinal Road and Camp Cardinal
Boulevard.
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Staff recommends approval of an amendment to
the Comprehensive Plan to change the land use
designation from Residential 2-8 dwelling units per
acre to 8-16 dwelling units per acre for property to
the northeast of Camp Cardinal Road and Camp
Cardinal Boulevard.
The Planning and Zoning Commission
recommended approval by a vote of 5-0-1 (Martin
absent, Signs abstained)
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Bob Miklo and Marti Wolf, Planning
Intern
Item: CPA16-00003 Date: November 17, 2016
GENERAL INFORMATION
Applicant: TSB Investments LLP
52 Sturgis Corner Drive
Iowa City, Iowa 52240
319-530-7333
Property Owner: St. Andrew Presbyterian Church
140 Gathering Place Lane
Iowa City, IA 52246
319-338-7523
Contact: Steve Long
HBK Engineering
509 S. Gilbert Street
Iowa City, IA 51140
319-338-7557
Requested Action:
Purpose:
Location:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
Comprehensive Plan amendment
To change land use designation from Residential 2-
8 DU/A to Residential 8-16 DU/A
Northeast corner of Camp Cardinal Road and Camp
Cardinal Boulevard (3.48 acres)
Undeveloped, OPD -5
North: Undeveloped; St. Andrew Presbyterian
Church under construction, OPD -5
East: St. Andrew property, OPD -5
South: Camp Cardinal Blvd. and Hwy 218/Melrose
I nterchange
West: Undeveloped land and Hwy. 218, ID -RP and
Public (P)
Iowa City Comprehensive Plan (Northwest District)
October 27, 2016
45 Day Limitation Period: December 11, 2016
BACKGROUND INFORMATION
The applicant, TSB Investments LLP, is requesting an amendment to the Comprehensive Plan
Land Use Map on behalf of St. Andrew Presbyterian Church for a 3.48 -acre parcel located at the
northeast corner of Camp Cardinal Road and Camp Cardinal Boulevard to change the land use
designation from Residential 2-8 dwelling units per acre to Residential 8-16 dwelling units per
acre.
The property owner acquired this area as part of a larger property located on the east side of
Camp Cardinal Road where their new church building is being constructed — the church is being
constructed on Lot 1. The parcel under consideration is Lot 2 of the St. Andrew Church
subdivision, which was subdivided to allow for development of the area not utilized by the new
church. The parcel is bordered by Camp Cardinal Boulevard to the south, Camp Cardinal Road to
the west, and Gathering Place Lane to the north. There is a wooded creek corridor along the
southern portion of the parcel.
The applicant has chosen not to use the Good Neighbor Policy.
ANALYSIS:
The zoning code states that applications for a Comprehensive Plan Amendment must include
evidence that the following approval criteria are met:
1. Circumstances have changed and/or additional information or factors have come to
light such that the proposed amendment is in the public interest.
2. The proposed amendment will be compatible with other policies or provisions of the
Comprehensive Plan, including any District Plans or other amendments thereto.
The applicant has submitted the attached statement regarding the approval criteria. Staff
analysis is follows.
Regarding #1: Circumstances have changed and/or additional information or factors have come
to light such that the proposed amendment is in the public interest: This property is located
within the Northwest Planning District and is designated for residential development at a density of
2 to 8 dwelling units per acre. This residential designation was placed on the property when the
1989 Comprehensive Plan was adopted. At that time the area west of West High contained no
City infrastructure and was generally used for agricultural purposes.
Since the adoption of the residential designation for this property in 1989, Camp Cardinal
Boulevard has been built (2007) and a neighborhood has begun to develop with a variety of
housing types and a few compatible non-residential uses. The property located directly south
(fronting Camp Cardinal Blvd.) has recently been changed in the Comprehensive Plan from
Residential (2-8 DU/A) to Office Commercial (CO -1). A medical clinic and elementary school were
constructed in 2012, within one mile north from the subject property along Camp Cardinal
Boulevard. Cardinal Point South, which is located approximately 'h mile to the north, contains a
mixture of single family homes, townhouses and duplexes. St. Andrew Presbyterian Church is
being built to the north of this property and additional residential development is anticipated to
occur with installation of infrastructure that is being installed to serve the church property.
With these changes a clear vision of the larger neighborhood that was not in place in 1989
when the subject lot was designated for residential development is starting to emerge. The
proposed Residential 8-16 Dwelling Units per Acre would designate this corner property for
medium density residential development.
3
Regarding #2: The proposed amendment will be compatible with other policies or provisions of
the Comprehensive Plan, including any District Plans or other amendments thereto: A detailed
district plan has not been drafted for the Northwest District. However there are land use
policies in the Comprehensive Plan, which staff believes support the designation of the property
for medium density residential uses. The subject property is located on the corner of Camp
Cardinal Boulevard, an arterial road, and Camp Cardinal Road, a collector street. These types
of intersections support alternatives to single-family development, such as multi -family
development. The IC2030 Comprehensive Plan Future Land Use Map states "...if a property is
located at an intersection of a collector and arterial street, the neighborhood design concepts
indicate that alternative to single-family development, i.e. neighborhood commercial or multi-
family development, may be appropriate," (IC2030 Comprehensive Plan, page 26).
There are elements of the Comprehensive Plan that outline criteria for creating healthy
neighborhoods reflected in the proposed plan, such as a pedestrian/bikeway connection that
provides neighborhood access to the proposed site via an adjacent continuous sidewalk and
roadway network. Additionally, this use reflects the Plan's objective of promoting housing
diversity in the area. As several developments nearby are zoned for low-density, single-family
residential development, this property would offer a multi -family development option to the area.
Based on the above criteria, staff finds that the requested Comprehensive Plan amendment to
change the land use designation of the subject property from Residential (2-8 dwelling units per
acre) to Residential (8-16 dwelling units per acre) satisfies the necessary criteria.
Sensitive Areas: The subject property contains sensitive environmental areas, including
woodland and a stream corridor. These areas largely occupy the southern 1/3 of the property,
and will be regulated according to the Sensitive Areas Ordinance with the rezoning of the
property.
Traffic volumes: With the rezoning and subdivision of the larger St Andrew property, traffic
estimates were conducted to determine traffic impact on Camp Cardinal Road. The weekday
estimated average daily traffic volumes were 1,711 vehicle trips per day (under the 2,500
vehicles per day which may trigger a secondary access requirement), including the Church, a
senior housing facility, and estimated levels of future single family and multi -family
development.
Since these estimates were conducted, the senior housing proposal has withdrawn their
application, and no other development has been approved on the larger St Andrew property
except for the Church. The change from 2-8 units per acre to 8-16 units per acre for this 3.48 -
acre parcel will result in a negligible change in anticipated traffic volumes for the larger area.
Traffic estimates will be updated when a rezoning application, and more specificity on the # of
units, is submitted.
STAFF RECOMMENDATION:
Staff recommends that CPA16-0003, an amendment to the Comprehensive Plan to change the
land use designation from Residential 2 to 8 dwelling unit per acre to Residential 8 to16 dwelling
units per acre for property to the northeast of Camp Cardinal Road and Camp Cardinal Boulevard
be approved.
EI
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Final Plat of St Andrew Church Subdivision — Part One (for reference)
4. Excerpt from IC2030 Future Land Use Map
5. Applicant's Statement
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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4. Applicant's Statement for Approval Criteria
The applicant would like to amend the Iowa City Comprehensive Plan for the approximately 3.48 acre
parcel located at the NE corner of Camp Cardinal Road and Camp Cardinal Boulevard from Residential
2-8 DU/A to Residential 8-16 DU/A. This parcel falls under the purview of the Northwest District Plan;
however, since this district has yet to be created, there are elements of the City of Iowa City's
Comprehensive Plan that outline criteria for creating healthy neighborhoods and provide supportive
evidence to the proposed amendment:
A. Circumstances have changed and/or additional information or factors have come to light such
that the proposed amendment is in the public interest.
o The adjacent property located directly south and east has recently been changed in the
Comprehensive Plan from Residential 2-8 DU per acre to Office Commercial.
o Saint Andrew Presbyterian Church is constructing a new church on the adjacent
property to the north.
o The Norman Borlaug Elementary school was recently built in the fall of 2012.
o The Mercy Family Medicine of West Iowa City clinic was also constructed in 2012.
o Camp Cardinal Boulevard is a major arterial and is located on the southern edge of the
property. It was constructed after the 1997 Comprehensive Plan.
B. The proposed amendment will be compatible with other policies or provisions of the
Comprehensive Plan, including any District Plan or other amendments thereto.
a. This parcel is located on the corner of Camp Cardinal Road, an arterial road, and a local
city street. According to the Comprehensive Plan (26), these types of intersections should
support alternatives to single-family development, such as multi -family development.
b. Pedestrian/Bikeway Connections provide neighborhood access to the proposed site via an
adjacent continuous sidewalk and roadway network.
c. Promotes housing diversity in the area. There are several developments nearby that are
zoned for low-density, single-family residential development and this property would offer
a multi -family development nearby.
The applicant chose to not use the Good Neighbor Policy because of the limited number of neighbors
within 300' of the property. The surrounding neighbors include St Andrew Presbyterian Church (owner
of the property), Iowa DOT, City of Iowa City and Jon Harding.
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Due to the above listed changes to the surrounding land use and compatibility with ttre:City 4 Iowa x
City's Comprehensive Plan, we are confident that the proposed amendment meets flip apprd4al crite4a.
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10-25-2016
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 1, 2016 — 7:00 PM — FORMAL MEETING
EMMA HARVAT HALL — CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin
STAFF PRESENT: Sara Hektoen, Bob Miklo, Marti Wolf
OTHERS PRESENT: Steve Long, Adam Brantman, Dylan Whittemore
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 the Commission recommends approval of CPA16-0003, an amendment to the
Comprehensive Plan to change the land use designation from Residential 2 to 8 dwelling unit
per acre to Residential 8 to16 dwelling units per acre for property to the northeast of Camp
Cardinal Road and Camp Cardinal Boulevard (Signs recused from discussion/vote, Martin
absent).
By a vote of 6-0 the Commission recommends approval of VAC16-00002, a
vacation of the alley right-of-way, 2,600 square feet east of Ellis Avenue, south
of 332 Ellis Avenue, subject to:
1. A Public Access easement be retained over the vacated right-of-way.
2. A utility easement be required over the vacated alley.
3. The driveway be improved according to plans approved by the City Engineer.
4. Approval of the special exception for the establishment of a fraternity at 332 Ellis.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
COMPREHENSIVE PLAN ITEM (CPA16:00003):
A public hearing for an amendment to the Comprehensive Plan to change the land use
designation of property located at the NE corner of Camp Cardinal Road and Camp Cardinal
Boulevard from Residential 2 to 8 dwelling units per acre to Residential 8 to 16 dwelling units
per acre.
Signs recused himself from the discussion as he represents a client that is interested in an
adjoining parcel of property.
Planning and Zoning Commission
December 1, 2016— Formal Meeting
Page 2 of 6
Wolf began the staff presentation by showing the Iowa City 2013 Comprehensive Plan Land
Use Map for the 3.48 acre parcel at Camp Cardinal Road and Camp Cardinal Boulevard. The
amendment would be to change the land use designation from residential 2-8 dwelling units per
acre to 8-16 dwelling units per acre keeping it residential. Wolf explained that for
comprehensive plan amendments they have to meet two criteria. The first criteria is to show
that circumstances have changed, or factors have come to light that make this amendment in
the public interest. The second criteria is that the amendment be compatible with Iowa City
policies.
With regards to the first criteria this land use designation came with the Comprehensive Plan in
1989 and at that time Camp Cardinal Boulevard did not exist. Camp Cardinal Boulevard was
built in 2007 and with it came a range of developments in that area including a school, Cardinal
Point (which contains a mix of single family homes, duplexes and townhomes), and the Saint
Andrew Presbyterian Church. Therefore Staff believes this area has changed significantly since
the original land use designation was given.
With regards to the second criteria of compatibility with policies of the Comprehensive Plan: the
Plan states that if a property is located at the intersection of a collector and arterial street
options besides single family residential are appropriate. To increase the parcel to 8-16
dwelling units per acre would allow for multi -family residential which is suitable by the Iowa City
Comprehensive Plan policies.
Wolf noted that this plan also comes with a sensitive areas plan because at the south end of the
parcel there is an area for stormwater retention from the Saint Andrew's parcel and therefore
the southern one-third of the property is non -buildable.
Staff recommends that CPA16-0003, an amendment to the Comprehensive Plan to change the
land use designation from Residential 2 to 8 dwelling unit per acre to Residential 8 to16 dwelling
units per acre for property to the northeast of Camp Cardinal Road and Camp Cardinal
Boulevard be approved.
Freerks opened the public hearing
Steve Long (HBK Engineering) is representing the applicant and came forward to answer any
questions. He noted the applicant is excited about developing in this infill area and also the
ability to increase the density allows for the preservation of the one-third sensitive areas of the
parcel.
There were no questions for Long, and no other public present to speak on the item
Freerks closed the public hearing.
Hensch moved to approve CPA16-0003, an amendment to the Comprehensive Plan to
change the land use designation from Residential 2 to 8 dwelling unit per acre to
Residential 8 to16 dwelling units per acre for property to the northeast of Camp Cardinal
Road and Camp Cardinal Boulevard.
Parsons seconded the motion.
The motion carried 5-0.
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington St, Iowa City, IA; 319-356-5230 (CPAW0003)
v
RESOLUTION NO.
W_
A RESOLUTION ENDING THE IOWA CITY COMP EHENSIV�E PLAN -170
CHANGE THE LAN USE DESIGNATION FROM RESI NTIAL 28 DWELLING
UNITS PER ACRE T RESIDENTIAL 6-16 DWELLING UNITS PEW ACRE FOR
PROPERTY LOCATED T THE NORTHEAST CORNER CAMP CARDIP4XL ROAD
AND CAMP CARDINAL B ULEVARD. (CPA16-00003)
WHEREAS, the Iowa City omprehensive Plan serves a land -use planning guide by
illustrating and describing the loca'on and configuration of propriate land uses throughout the
City, provides notification to the pu is regarding intended ses of land; and illustrates the long
range growth area limit for the City; a
WHEREAS, if circumstances chan a and/or;
change to the Comprehensive Plan may a in the
WHEREAS, TSB Investments LLP, o behalf
owner, has requested that the land use esign
corner of Camp Cardinal Road and Camp ardi
dwelling units per acre to Residential 8-16 dw lin)
WHEREAS; the area surrounding the prop
since the land use designations of the 1989 Co
WHEREAS, Camp Cardinal Road is a c Ilei
arterial street; and
WHEREAS, the Comprehensive Plan and
family development, including multifamil reside)
collector and arterial streets; and
WHEREAS, the Planning and oning Col
addition I information or factors come to light, a
public nterest; and
of St Andrew Presbyterian Church, the property
alio,,K for the property located at the northeast
ia/Boulevard be changed from Residential 2-8
nits per acre; and
I has undergone significant change in character
rehensive Plan were implemented; and
dor street and Camp Cardinal Boulevard is an
determined that circumstances h e changed to
comprehensive plan is warranted.
NOW, THEREFORE, BE IT
CITY, IOWA, THAT:
tion for 3.48 acres of property located at the northeast corner
I Road and Camp Cardinal Boulevard shall be changed from
elling units per acre to Residential 8-16 dwelling units per acre in
prehensive Plan.
The land use d
of Camp Card
Residential 2-8
the Iowa City C
Policies states that alternatives to single -
may be appropriate at the intersection of
VIED BY THE CITY
has reviewed this amendment and
extent that an amendment to the
L OF THE CITY OF IOWA
Passed and approved this day of
ATTEST:
CITY CLERK
MAYOR:
2016,
Approved by:
City Attorney's Office
Zoning Item
Discussion of an application submitted by TSB Investments for
a rezoning from Planned Development Overlay (OPD -5) to Low
Density Multi -Family Residential (RM -12) for approximately
3.48 -acres of property located at the southeast corner of
Camp Cardinal Road and Gathering Place Lane. (REZ16-00007)
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b An application submitted by TSB Investments LLP,
on behalf of St. Andrew Presbyterian Church
— for a rezoning from a Planned Development Overlay (OPD -5)
to Low Density Multi -Family Residential (RM -12)
for a 3.48 -acre property at the northeast comer of
Camp Cardinal Road and Camp Cardinal Boulevard.
CITY or Icnrn Cm
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Staff recommends approval of a rezoning from OPD -5 to RM -12 for
3.48 acres of property located at the southeast corner of Camp
Cardinal Road and Gathering Place Lane.
The Planning and Zoning Commission recommended approval by a
vote of 6-0-1 (Signs abstained) subject to and Conditional Zoning
Agreement requiring:
a. General compliance with building and parking placement as
shown on the site plan
b. Payment of Neighborhood Open Space fees based on the RM -12
density
c. Approval of exterior building design by the Design Review
Committee to ensure compatibility with the character of the
surrounding neighborhood with attention to the use of building
materials and emphasis on building entrances
d. Provision for usable outdoor space features such as outdoor
dining and lawn for informal recreation use
0
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington, Iowa City, IA
CONDITIONAL ZONING
THIS AGREEMENT is made between the City of
corporation (hereinafter'�City"), and St. Andrew Presbyterian CI
WHEREAS, Own Is the legal title holder of ap
located at the southeast colVer of Camp Cardinal Road and
WHEREAS, the Appli nt has requested the rezon
Single Family Residential Pla ed Development Overlay
Residential (RM -12); and
WHEREAS, a Compreh\2dwlan Amendment
designation of the property from elling units per
and
(319) 356-5240 (REZ16-00007)
City, Iowa, a municipal
(hereinafter "Owner").
3.48 acres of property
Place Lane; and
of said property from Low Density
PD -5) to Low Density Multifamily
recently passed to change the
to 8 to 16 dwelling units per acre;
WHEREAS, the Planning and Zo 'ng Comm slon has determined the presence of
steep slopes and woodlands in the area a d the s niflcant increase in planned residential
density, require careful attention to building a site design to assure that the development is
compatible with its setting, has usable outdoor p ce, has adequate provision for pedestrian
access, and
WHEREAS, the Planning and Zoning
conditions regarding building and site design,
the requested zoning is consistent with the Cc
has determined that, with appropriate
It of Neighborhood Open Space fees,
I Plan; and
WHEREAS, Iowa Code §414.5 (2017 provides tha}\the City of Iowa City may impose
reasonable conditions on granting a rezoni request, over d above existing regulations, in
order to satisfy public needs caused by the quested change; d
WHEREAS, the Owner acknowl dges that certain co Itions and restrictions are
reasonable to ensure the development f the property is consists I with the Comprehensive
Plan and the need for Neighborhood O en Space and appropriatemultifamily building design;
and 7
WHEREAS, the Owner agreefi to develop this property in accordartwith the terms and
conditions of a Conditional Zoning Abreement.
NOW, THEREFORE, in onsideration of the mutual promises contained herein, the
parties agree as follows:
St. Andrew Presbyteri Church is the legal title holder of the property legally
described as LOT 2 F THE ST. ANDREW PRESBYTERIAN CHURCH `c
PART ONE, AS RE ORDED IN BOOK 60, PAGE 138 IN THE OFFICE OFA
THE JOHNSON C NTY, IOWA RECORDER.
1. The Owner acknledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2017) provides that the City of Iowa City may impose reasonable conditions on granting
ppdadm/agYma st andrm(3).doc
a rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
2. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. General compliar
plan attache her
b. Payment of N igt
value of 7,124 1
c. Approval of exte
consistency with
character of the
with regard to building ar)fl parking placement shown on the site
rood Open Space fees/based on RM -12 density equivalent to the
feet of property prior o issuance of a building permit.
building designs by the Design Review Committee to ensure
materials to help mid
building entrances, will
d. Provision of usable ou
and lawn for informal r
;hensive Plaq• policies regarding compatibility with the
ding neighbothood with attention to the use of building
e the large scale of the buildings and emphasis on the
required prior to approval of a building permit.
kr space igcluding features such as an outdoor dining area
3. The Owner and City acknowledghtVat the conditions contained herein are reasonable
conditions to impose on the lan under Iowa Code §414.5 (2017), and that said
conditions satisfy public needs thatAN caused by the requested zoning change.
4. The Owner and City acknowledgo that�e event the subject property is transferred,
sold, redeveloped, or subdivided all red velopment will conform with the terms of this
Conditional Zoning Agreement.
5. The parties acknowledge that Ois Conditions oning Agreement shall be deemed to be
a covenant running with the I d and with title the land, and shall remain in full force
and effect as a covenant wit title to the land,u less or until released of record by the
City of Iowa City. //
The parties further
all successors, rep
6. The Owner acknow
construed to relieve
federal regulations.
that this agreement
and assigns of the p
that nothing in this Conditi
,ner from complying with all
inure to the benefit of and bind
Zoning Agreement shall be
r applicable local, state, and
The parties agree t at this Conditional Zoning Agreement all be incorporated by
reference into the o finance rezoning the subject property, and at upon adoption and
publication of the dinance, this agreement shall be recorded ih the Johnson County
Recorder's Office Vt the Applicant's expense.
Dated this day
CITY OF IOWA CITY
Jim Throgmorton, Mayor
ppdadMagt1= sl andr" (3).dm 2
20
ST. ANDREW PRESBYTERIAN CHURCH
Z1
Attest:
City Clerk By:
by:
City Attorney's Office f/Ir' IJ7
CITY OF IOWA CITY ACKNOV
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before a on , 20_ by Jim
Throgmorton and Julie Voparil as Mayor and Dep Ci Clerk, respectively, of the City of Iowa
City.
Nota Public in nd for the State of Iowa
(St
p or Seal)
Titl (and Rank)
ST. ANDREW PRESBYTERIAN CHURCH
State of _
County of
This record was acknowledged
by
was executed).
on (Date) \
>) of individual(s) as
(type of authority, such as of
(name of party on behalf of
or trustee) of
m record
Notary Public in and for the State of Iowa
(Stamp or Seal) \1
Title (and Rank)
My commission expires:
ppdadmlagVcu st andrew (3) do 3
REZONING EXHIBIT
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To: Planning and Zoning Commission
Item: REZ16-00007
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Bob Miklo
Date: December 15, 2016
Applicant: TSB Investments
89 2nd Street
Coralville, Iowa 52241
319-530-7333
Contact: Michael Thomas
9 South Gilbert STreet
Iowa City, IA 52240
319-338-7557
mthomas(d.)hbkengineerina.com
Property Owner: St. Andrew Presbyterian Church
140 Gathering Place Lane
Iowa City, Iowa 52246
319-338-7523
Requested Action: Rezoning from Planned Development Overlay
(OPD -5) to Low Density Multi -Family Residential
(RM -12)
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
To allow multi -family residential development
Southeast corner of Camp Cardinal Road and
Gathering Place Lane
3.48 acres
Undeveloped, OPD -5
North: Undeveloped OPD -5
South: Undeveloped CO -1
East: St. Andrew OPD -5
West: Undeveloped P-1
6�16.
Comprehensive Plan: The property is currently designated for residential 2-
8 dwelling units per acre but is being considered for
an amendment to residential 8-16 dwelling units per
acre.
File Date: November 23, 2016
45 Day Limitation Period: January 7, 2017
BACKGROUND INFORMATION:
The applicant, TSB Investments, has requested a rezoning from Planned Development Overlay
(OPD -5) to Low Density Multi -Family Residential (RM -12) for 3.48 acres at Camp Cardinal Road
and Gathering Place Lane.
St. Andrew Presbyterian Church acquired this area as part of a larger property located on the east
side of Camp Cardinal Road where their new church building is being constructed — the church is
being constructed on Lot 1. The parcel under consideration is Lot 2 of St. Andrew Presbyterian
Church — Part One subdivision. The parcel is bordered by Camp Cardinal Boulevard to the south,
Camp Cardinal Road to the west, and Gathering Place Lane to the north. There is a wooded
creek corridor along the southern portion of the parcel.
The applicant has chosen not to use the Good Neighbor Policy because of the limited number of
properties within 300 feet of the property.
ANALYSIS:
Current zoning: The property is currently zoned Low Density Single Family Residential (RS -5)
with a Planned Development Overlay (OPD) due to sensitive areas including slopes, woodland
and a stream corridor. The RS -5 zone is primarily intended to provide housing opportunities for
individual households. 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, such as parks, schools,
religious institutions, and daycare facilities.
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. Staff estimates that approximately 5 to 7 dwelling units could be built on this property
under its current zoning.
Proposed zoning: The purpose of the Low Density Multi -Family Residential Zone (RM -12) is to
provide for the development of high density, single-family housing and low density, multi -family
housing. This zone is intended to provide a variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that the
various housing types in any one location are compatible with one another. The RM -12 zone
allows multifamily development at a density of 1 unit per 2,725 square feet. A maximum of 55
dwelling apartments would be achievable on this 3.48 lot.
The applicant has submitted a concept plan showing how the property might be developed if
rezoned to RM -12. The concept shows a 30 -unit building and a 24 -unit building each with
underground parking. There is also a surface parking lot with driveway access proposed from
Camp Cardinal Road. If the property is rezoned to RM -12, a site plan and building elevations
demonstrating compliance with the Multifamily Site Development Standards will be required.
Staff recommends that the requested rezoning be subject to general compliance with the
attached concept plan.
Comprehensive Plan: The Comprehensive Plan currently indicates that this property is
appropriate for residential development at a density of 2-8 dwelling units per acres. The
applicant has requested an amendment to the Comprehensive Plan land use map to increase
the density to 8-16 dwelling units per acre. Both the Staff and Commission have found that the
property has characteristics (location at the intersection of a collector and arterial street) that
make it appropriate for multifamily residential development, and have recommended that the
requested amendment be approved. The City Council will consider the amendment at their
January 17 meeting. If the amendment is approved the proposed RM -12 zoning will be
consistent with the Comprehensive Plan Future Land Use Map.
The Comprehensive Plan contains policies that further support the RM -12 zoning at this
location. A diversity of housing within neighborhoods is encouraged (pages 20 and 27). The
plan encourages that smaller apartment buildings be integrated within neighborhoods rather
than located in large concentrations. As noted the plan indicates that if a property is located at
the intersection of a collector and arterial street, alternatives to single-family development,
including multifamily development may be appropriate.
Based on these policies, staff finds that the proposed RM -12 zoning is consistent with the
Comprehensive Plan.
Compatibility with neighborhood: There is currently limited development in the neighborhood
surrounding this portion of Camp Cardinal Road. St. Andrew Presbyterian Church is under
construction just to the east. There are two single family dwellings located at the terminus of
Camp Cardinal Road located 750 feet to the north of the subject property. The area to the west
was recently sold by Johnson County to a private owner. It contains steep slopes and
woodlands. The area to the south contains Camp Cardinal Road and Highway 218.
Staff finds that the proposed development is compatible with the adjacent church property.
Adherence to the multifamily design standards will help ensure the development will be
compatible with future residential development in the area.
Sensitive areas: The St. Andrew subdivision contains woodlands, steep slopes and wetlands
that are subject to a Sensitive Areas Development plan approved at the time the platting of the
larger property. Lot 2 contains a stream corridor and woodlands. The concept plan indicates
that 55% of the woodlands will be retained on Lot 2. The ordinance requires that at least 20% of
a woodland be retained in the RM -12 zone. Staff will review a Sensitive Areas Site Plan prior to
and building permits being issued.
Neighborhood open space: When the St. Andrew subdivision as approved, neighborhood
open space fees were collected based on the RS -5 zoning density. With the increase in density
that will be allowed by the RM -12 zoning, staff recommends that the difference between RS -5
and RM -12 open space fees be paid prior to the issuance of a building permit for Lot 2.
Traffic implications: A single family subdivision on this property would generate approximately
60 vehicle trips per day. A multifamily development would generate an estimated 360 vehicle
trips per day. Although this would be a sizable increase, Camp Cardinal Road adjacent to this
property was recently reconstructed to collector street standards and has sufficient capacity to
handle the traffic from this lot and the church which is currently under construction. As
development occurs farther north along Camp Cardinal Road, the increased traffic generated by
development of this property, may have implications on the need for secondary street access for
the larger Camp Cardinal Road neighborhood. Traffic generation will be reviewed as
development proposals are received.
Summary: The location of this property at the intersection of a collector and arterial street
make it suitable for multifamily development. Provided that the pending Comprehensive Plan
application to increase the designated density to 8 -16 dwelling units per acre is approved by
the City Council, the requested rezoning will be in compliance with the Comprehensive Plan.
Camp Cardinal Road has recently been rebuilt adjacent to this property and is adequate to
serve the proposed development. Multifamily design standards will help ensure that the
development is compatible with future development in the area.
STAFF RECOMMENDATION:
Staff recommends approval of REZ16-00007, an application submitted by TSB Investments for a
rezoning from OPD -5 to RM -12 for 3.48 acres of property located at the southeast corner of Camp
Cardinal Road and Gathering Place Lane, subject to City Council approval of the pending
amendment to the Comprehensive Plan and conditioned general compliance with the submitted
concept plan and payment of Neighborhood Open Space fees based on RM -12 density.
ATTACHMENTS:
1. Location Map
2. Concept Plan
Approved by: —7 -/l( /
John Yapp, Developmdnt Services Coordinator,
Department of Neighborhood and Development Services
CITY OF IOWA CITY
An application submitted by TSB Investments LLP,
on behalf of St. Andrew Presbyterian Church
for a rezoning from a Planned Development Overlay (OPD -5)
to Low Density Multi -Family Residential (RM -12)
for a 3.48 -acre property at the northeast corner of
Camp Cardinal Road and Camp Cardinal Boulevard.
EAVES �� .,
REZONING EXHIBIT
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IOWA CITY, JOHNSON COUNTY, IOWA
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 15, 2016 — 7:00 PM — FORMAL MEETING
NDS CONFERENCE ROOM 2ND FLOOR — CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Max
Parsons, Mark Signs, Jodie Theobald
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo
OTHERS PRESENT: Michael Thomas
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Signs abstained) the Commission recommends approval of REZ16-00007, an
application submitted by TSB Investments fora rezoning from OPD -5 to RM -12 for 3.48 acres of
property located at the southeast corner of Camp Cardinal Road and Gathering Place Lane,
subject to City Council approval of the pending amendment to the Comprehensive Plan and
conditioned on general compliance with the submitted concept plan, payment of Neighborhood
Open Space fees based on RM -12 density, staff design review with emphasis on the entrances
to the two buildings and on making the buildings appear less massive, provision of outdoor
usable space, and parking for persons with disabilities close to each building.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none
ZONING ITEM (REZ16-00007):
Discussion of an application submitted by TSB Investments for a rezoning from Planned
Development Overlay (OPD -5) to Low Density Multifamily Residential (RM -12) for
approximately 3.48 -acres of property located at the southeast corner of Camp Cardinal Road
and Gathering Place Lane.
Signs recused himself due a to real estate transaction regarding a nearby property
Miklo noted that this area was recently discussed for a Comprehensive Plan Amendment. The
current zoning is RS -5 with a planned development overlay (OPD) because of the sensitive
areas on the property. The proposed zoning is Low Density Multifamily (RM -12). This property
does have characteristics appropriate for multi -family zoning and therefore Staff and the
Commission have recommended that the City Council approve an amendment to the
Comprehensive Plan to reflect that. That amendment will be considered by the Council at their
January 17, 2017, meeting. Staff's review of this application is based on assuming that the
Comprehensive Plan amendment will be approved.
Planning and Zoning Commission
December 15, 2016 — Formal Meeting
Page 2 of 6
Miklo said Staff also looks at compatibility with the neighborhood. He said there is little
development in this neighborhood, just a couple of single family homes located several hundred
feet to the north. Saint Andrew Church is under construction to the east. The area to the west
contains a tract that was recently sold by the County to an individual, who may build a house on
it. To the north and east there is a wooded ravine that is zoned Interim Development. The
Comprehensive Plan indicates that depending on the sensitive areas there may be some
multifamily on that property. The area to the north is currently zoned RS -5 so it will be some
type of residential (there have been some inquiries about doing a planned development to allow
clustering of units on the site). But for now it is designated for single family.
In terms of traffic, Miklo said this proposal will generate considerably more traffic than the five to
seven house lots that could occur here under the current zoning. However the area has direct
access to Camp Cardinal Road (a collector street) and it will be the first development on that
street so it will be able to handle the traffic. Miklo did note that the increased traffic count could
limit the amount of density allowed to the north in the future without some second way in and
out of the neighborhood. He said it is not a concern for this rezoning, but may be a factor for
development for property to the north.
Martin asked about street access for the land to the northwest. Miklo said that the presence of
steep topography will dictate how street access will be provided to that property. He said that it
may be from Camp Cardinal Boulevard but to the north of Deer Creek Road. He said a second
means of access through that property would be a benefit to the larger neighborhood.
Miklo discussed the concept plan for the area (included in the Commission packet) and the
driveway access and the two buildings (one with 30 units and one with 24 units) with
underground parking. He showed drawings of the buildings. He said a parking level would be
located under each building.
Martin asked about the paving of Camp Cardinal Road. Miklo indicated the point to where Saint
Andrew Church has paved the street up to Gather Place Lane, a new street that was built to
provide access to the church building. He said before development occurs to the north, the
remainder of Camp Cardinal Road would need to be improved to City standards or an
alternative street route would need to be identified.
Miklo noted that when the larger subdivision was approved, the neighborhood open space
requirement was calculated based on five units per acre. If density goes to twelve, it is Staff's
recommendation that the payment of Neighborhood Open Space fees be based on RM -12
density.
Staff recommends approval of REZ16-00007, an application submitted by TSB Investments fora
rezoning from OPD -5 to RM -12 for 3.48 acres of property located at the southeast comer of Camp
Cardinal Road and Gathering Place Lane, subject to City Council approval of the pending
amendment to the Comprehensive Plan and conditioned on general compliance with the
submitted concept plan, and payment of Neighborhood Open Space fees based on RM -12
density.
Freerks asked where visitor parking would be for the two buildings. Miklo pointed out the
location behind the buildings. Freerks said that there should be handicapped parking provided
close to each building. Freerks asked that the applicant address that concern.
Planning and Zoning Commission
December 15, 2016— Formal Meeting
Page 3 of 6
Freerks opened the public hearing.
Michael Thomas (HBK Engineering) came forward to answer questions
Freerks asked about parking for guests and what sort of outdoor amenities or usable open
space would be provided. She said that this is a considerable increase in density and is
concerned about the exterior design of the buildings.
Thomas said that usable outdoor space is something the applicant is the thinking about and
would like to provide, but hasn't worked out the details. He noted that the site was very steep.
Martin asked if the property would be age restricted to persons age 55 and older. Thomas
replied it was not. Martin said walkability was a concern and questioned how pedestrians would
walk around the site given the lack of sidewalks between the buildings.
Martin said the building design seemed to just meet the minimum standards. She asked if the
buildings could be designed to take advantage of the forest landscape. Freerks said she felt
that the building designs do need some work, but she did not want to design the buildings at this
meeting. Freerks asked that the applicant work with staff to provide a building design that is not
so massive in scale. Martin and Theobald agreed. Freerks noted that Staff can review the
fagade and design features of the buildings to make them fit into the neighborhood.
Dyer noted that the entrances to the buildings seem small and uninviting relative to the size of
the buildings. Freerks agreed and noted that making the jump from 5-7 units in the area to 54
units is a big increase. Given the increase, design of the buildings to make them more
appropriate in scale is something that Commission has addressed in similar rezonings.
Hensch asked about the footprint of the buildings. Thomas replied that the larger building is 192
feet long and 64 feet 9 inches wide.
Regarding the earlier question about parking: Miklo said in the larger building there are 30 units
and 32 parking spaces within the building itself. For the smaller building there are 24 units and
20 parking spaces within the building and the remaining required parking spaces are outside. A
total of 81 parking spaces are required for the entire site so between the two buildings and the
surface parking lot there are 81 spaces. Miklo also noted that visitors will be able to park on
Gathering Place Lane.
Freerks noted there should be handicap spaces near each building. Martin said she would like
to see pedestrian connections to the parking areas and between the buildings.
Freerks stated she was glad they would be able to retain the woodlands on the parcel. Martin
said that she was o.k. with the zoning aspect but would like to see a better design.
Theobald asked what size the units would be (number of bedrooms). Thomas replied they
would be a combination of one and two bedroom units.
Based on the discussion, Miklo summarized the issues that the Commission would like
addressed. He noted that some conditions might be to have Staff do design review of the
buildings with emphasis on the entrances to the two buildings, focus on making them appear
less massive, have some sort of outdoor usable space (picnic, barbeque area or playground),
Planning and Zoning Commission
December 15, 2016 — Formal Meeting
Page 4 of 6
pedestrian access and additional parking for persons with disabilities closer to the buildings.
Theobald would like the more attention to the way the buildings address the open space.
Thomas said the buildings were located to take advantage of the views.
Dyer asked if the fire truck turnaround could be turned the other way. Miklo said that would get
them it close to the sensitive slopes area. Thomas said that there was a retaining wall required
to provide for the turnaround area.
Freerks closed the public hearing.
Hensch moved to approve REZ16-00007, an application submitted by TSB Investments
fora rezoning from OPD -5 to RM -12 for 3.48 acres of property located at the southeast
corner of Camp Cardinal Road and Gathering Place Lane, subject to City Council
approval of the pending amendment to the Comprehensive Plan and conditioned on
general compliance with the submitted concept plan, payment of Neighborhood Open
Space fees based on RM -12 density, staff design review with emphasis on the entrances
to the two buildings and on making the buildings appear less massive, provision of
outdoor usable space, and parking for persons with disabilities close to each building.
Martin seconded the motion.
Freerks feels this will be a wonderful addition to this neighborhood but the details will be
important.
A vote was taken and the motion carried 6-0 (Signs abstained).
VIEWING OF "A MORE WALKABLE IOWA CITY" BY JEFF SPECK:
Freerks asked if everyone would be willing to postpone this viewing to another time. Miklo
noted it is not time sensitive so could be viewed later. It can also be seen by going to City
Channel 4 and watching it online.
CONSIDERATION OF MEETING MINUTES: DECEMBER 1, 2016
Theobald moved to approve the meeting minutes of December 1, 2016, with corrections.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
None
ADJOURNMENT:
Parsons moved to adjourn.
Martin seconded.
A vote was taken and motion carried 7-0.
Prepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-06007)
i
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 3.48 ACRES OF PROPERTY u
L CATED AT THE SOUTHEAST CORNER OF CAMP CARDI L ROADrAND
T RING PLACE LANE FROM PLANNED DEVELOPMENTERLAI((OPD-5)
ZO TO LOW DENSITY MULTI -FAMILY RESIDENTIAL M-12) ZONE.
(REZ16-00007)
WHEREAS, the pplicant, TSB Investments, has requested a rezoning 3.48 acres of property located
at the southeast cor r of Camp Cardinal Road and Gathering Place Lfine from Planned Development
Overlay (OPD -5) Zone t ow Density Multi -Family Residential (RM -12) Z e; and
WHEREAS, a Compret
property from 2 to 8 dwelling
WHEREAS, Camp Cardinal
and
e Plan Amendment was recently
per acre to 8 to 16 dwelling units
is an arterial street and
to change the designation of the
and
Cardinal Road is a collector street;
WHEREAS, the Iowa City Comprehe sive Plan indicates at property at the intersection of a collector
and an arterial street is suitable for alternati s to single family esidential; and
WHEREAS, the Planning and Zoning C mission as the reviewed the proposed rezoning and
determined that it complies with the Comprehensi Plan rovided that it meets conditions addressing design
review and general compliance with the submitted c ce t; and
WHEREAS, Iowa Code §414.5 (2015) provide t t the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over a ab a existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant have greed that the roperty shall be developed in accordance
with the terms and conditions of the Conditic al Zoning Agreem t attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAI ED BY THE CITY COLINCII�F THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subjecth the Conditional Zoning Agreement att had hereto and incorporated
herein, property described below i hereby reclassified from its current zon g designation of Planned
Development Overlay (OPD -5) to w Density Multi -Family Residential (RM -12): �`
LOT 2 OF THEPt ANDREW PRESBYTERIAN CHURCH`-- PART
ONE, AS RECO DED IN BOOK 60, PAGE 138 IN THE OFFICE OF
THE JOHNSO COUNTY, IOWA RECORDER, LYING IN THE
SOUTHWES FRACTIONAL QUARTER OF THE SOUTHWEST
QUARTER SECTION 7, TOWNSHIP 79 NORTH, RANGE 6 WEST
OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON
COUNTY, IOWA.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official 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 the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION ERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby uthorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publicationN this or
as provided by law.
SECTION V. REPEAL R. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby rep ale
SECTION VI. SEVERABILI . If any section, provision or part oft a Ordinance shall be adjudged to be
invalid or unconstitutional, such a dication shall not affect the valid' of the Ordinance as a whole or any
section, provision or part thereof not a Ldged invalid or unconstituti al.
SECTION VII. EFFECTIVE DATE. This Ordinance shall ben effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of \ /,20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
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Vacation Item
Discussion of an application submitted by Ellis Avenue, LLC for
a vacation of the public alley right-of-way located between
Ridgeland Avenue and Ellis Avenue. (VAC16-00002)
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VAC16-00002
332 Ellis Avenue
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Prepared By: Marti Wolf
Date Prepared: Nw. 2016
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Staff recommends approval of vacating the alley right of way
south of 332 Ellis Ave, subject to a public access easement
being retained, a utility easement being created, and the area
being paved according to plans approved by the City Engineer.
The Planning and Zoning Commission recommended approval
by a vote of 6-0 (Martin absent) subject to the same
conditions.
.® CITY OF IOWA CITY �66c
MEMORANDUM
Date: January 11, 2017
To: Geoff Fruin, City Manager
From: John Yapp, Development Services Coordinator 7 j'rY'
Re: Assistance for residents of 332 Ellis Ave
Background
At its December 14 meeting, by a vote of 5-0, the Board of Adjustment approved a special exception to
allow the establishment of a fraternity on property located in the RNS-20 (Neighborhood Stabilization
Residential) zone at 332 Ellis Ave, subject to conditions related to maximum occupancy, meeting historic
preservation guidelines, interior improvements (sprinklers and tiling), exterior improvements (paving and
screening), and behavior (based on disorderly house judgments). The owners of 332 Ellis Ave have also
applied for a vacation of the alley right of way to the south of the property, seeking to add the property to
the 332 Ellis Ave lot — the first reading of the vacation is scheduled for the City Council's January 17
meeting. The property is currently a rooming house; with a change in use to a fraternity, the existing
residents of the rooming house will be dislocated.
As of December, there were 27 residents of 332 Ellis Ave. The owners have reported that there are 10-
12 long-term (over a year) residents of the existing rooming house; the remainder are short-term
occupants and there is high turnover. All residents are on month-to-month leases.
Discussion
Staff has met with the owners and representatives of 332 Ellis Ave stressing the importance of adequate
notification to the residents of the pending change in use of the property, and of offering the residents
relocation assistance. While there is not a code requirement related to the special exception or the right
of way vacation that would allow staff to recommend requiring notification and assistance to the existing
residents, staff does recommend that as part of the conveyance of the public property, there be a
contingency that the residents be offered $550 each in relocation assistance, full return of security
deposits, and that the owners make a good faith effort to find alternative housing in other properties they
control or have relationships with. The $550 number is based on relocation assistance for one room
under the Uniform Relocation Act.
The owners have agreed to these conditions, and have notified the existing residents by letter (see
attached) and by setting up times to meet with residents to outline available assistance.
Recommendation
As part of the recommendation to convey the property, for which the owners of 332 Ellis Ave have
offered fair market value, staff will recommend a contingency that residents be offered $550 in relocation
assistance, full return of security deposits, and the owners make a good faith effort to find alternative
housing for the residents. These conditions are possible due to the proposed sale of public property.
While this recommendation should not influence the City Council's determination whether or not to
vacate the property, staff wanted to outline what has been discussed with the owners of 332 Ellis Ave in
advance of consideration of the conveyance of the property.
THE
TGG GOVERNOR
GROUP
December 9, 2016
«Tenant»
332 Ellis Ave #((Unit))
Iowa City, IA 52246
Re: 332 Ellis Ave Remodel
Dear «First—Name)),
2000 JAMES STREET SUITE 111
CORALVILLE, IA 52241
(319) 338-7068
www.tggpm.com
As you may have heard we recently entered into a contract to sell the property located at 332 Ellis Ave to a local
University of Iowa fraternity. While it was not our first choice, it has become apparent over the last year and a half that
the cost of the necessary renovation needed to the building was far in excess of what would work for the current owners
to continue to operate the building with shared living spaces and affordable rent.
Last week we posted notices in the building of a Good Neighbor Meeting on Wednesday, December 7, 2016 from 5:00
pm to 6:30 pm. We had a couple residents come to the meeting and I realized that it would help if we spoke one-on-
one regarding the pending sale of the building. I would like to take some time and go over with you what we discussed
in the meeting. Please contact me to set up a meeting, as I will be your point of contact during this process.
What this means for you, as a tenant?
- Relocation assistance will be provided by The Governor Group
- Compensation of $550 to help with any relocation
- Full return of all paid security deposits at time of move out, as of today, we show this amount is «Deposit»
- Assistance in finding new housing
- Please provide us your forwarding address
We are starting this process now, but it is by no means immediate. We would like to accommodate everyone's
schedule. Please reach out to me to set up a time for me to meet with you individually. Or I will be in the building in the
kitchen on the following dates and times to help with any of your relocation needs:
- Tuesday, December 13, 2016 from 4:30 pm — 5:30 pm
- Thursday, December 15, 2016 from 3:00 pm — 4:30 pm
Sincerely,
Jessica Plowman
THE 2000 JAMES STREET SUITE 111
TGGGOVERNOR CORALVILLE, IA 52241
GROUP (319) 338-7068
www.tggpm.com
December 27, 2016
«Tenant»
332 Ellis Ave #«Unit»
Iowa City, IA 52246
Re: 332 Ellis Ave Termination of Lease
Dear «First_Name»,
In a previous letter sent to you on December 9, 2016, we had notified you of sale of 332 Ellis Ave. The sale at this time
more than likely will go through. Per attached document your lease will terminate February 28th, 2017. Rent will be due
February 1", 2017 for the month of February.
What this means for you, as a tenant?
- Relocation assistance will be provided by The Governor Group
- Compensation of $550 to help with any relocation
- Full return of all paid security deposits at time of move out, as of today, we show this amount is «Deposit»
- Assistance in finding new housing
- Please provide us your forwarding address
We are starting this process now, but it is by no means immediate. We would like to accommodate everyone's
schedule. If you not reached out to me, please do so at your earliest convenience.
Sincerely,
Jessica Plowman
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Marti Wolf, Planning Intern
Item: VAC16-00002 Date: December 1, 2016
GENERAL INFORMATION:
Applicant: Ellis Avenue, LLC.
2000 James Street, Suite 111
Coralville, Iowa 52241
Contact Person: Adam Brantman
(same address)
319-631-3336
adamibrantman(aDamail.com
Requested Action: Vacation of alley right-of-way
Purpose: To allow vacated right of way to be acquired by
abutting property owner
Location: Alley running east -west between 332 Ellis Ave. and
320 Ellis Ave.
Size: Approximately 2,600 square feet (.06 acre)
Existing Land Use and Zoning: Alley right-of-way
Surrounding Land Use and Zoning: North: Residential (RNS-20)
South: Residential (RNS-20)
East: Residential
(RNS-20)
West: Residential (RNS-20)
Comprehensive Plan: Northwest Planning District—
Iowa City Comprehensive Plan
Residential 16 – 20 units per acre
File Date: November 10, 2016
BACKGROUND INFORMATION:
The applicant, Ellis Avenue, LLC, is applying for a vacation of the alley between Ridgeland Avenue
and Ellis Avenue, directly south of 332 Ellis Avenue. The area requested for vacation contains
approximately 2,600 square feet. The applicant is requesting this vacation to release the right-of-way
designation from the area, to allow it to be acquired by property owner of 332 Ellis Avenue. Vacating
and acquiring the alley would allow Ellis Avenue, LLC to increase the number of occupants allowed in
fraternity proposed for the property (EXC16-00012). If the applicant is able to purchase the entire
2,700 area, an additional 3 residents could be located within a fraternity there. It has been the City's
practice that if both abutting property owners are interested, half of the right-of-way be offered to each
abutting property owner (pending City Council approval of a purchase offer). Staff has notified the
2
owner of 320 Ellis Avenue about this application. If the owner of 320 Ellis purchased half of the right-
of-way, 1 additional resident would be allowed at 332 Ellis. The purchase of the alley will need to be
resolved prior to final approval by the City Council.
ANALYSIS:
a) Vehicular and pedestrian circulation and access to private property:
The alley right-of-way currently provides access to the parking areas for the properties at 332 and 320
Ellis Avenue. The alley also serves other properties located on Ridgeland Avenue providing them
with an alternative means of access to and egress from the neighborhood. Access easements will
need to be maintained if the alley is vacated.
b) Emergency and utility and service access:
Emergency and service access to this right-of-way will not be diminished by the vacation. The right-of-
way does not currently provide access to any parcels or properties that cannot be directly accessed
from a street. However, maintaining an access easement will allow this road to provide an alternative
means of access to this neighborhood and therefore staff recommends an access easement be
maintained if the alley is vacated.
c) Impact on access of adjacent private properties
The applicant has stated that both parcels will continue to have access via and easement to their
properties if the alley is vacated. The applicant has stated they plan to improve the alley right-of-way
by paving it and creating a private drive.
Desirability of right of way for access or circulation needs
The right-of-way does not currently provide direct access to any parcels or properties that cannot be
directly accessed from a street. It does however provide an alternative vehicular and pedestrian
access between Ridgeland Avenue and Ellis Avenue. This access is helpful to distribute traffic in this
higher density area. Staff recommends that a public access easement be retained over the right-of-
way to allow it to continue serve this function it if is vacated.
d) Location of utilities and other easements or restrictions on the property
Public water and sanitary sewer lines are located within this alley right-of-way. If it is vacated, a utility
easement must be retained. Letters have been sent to private utility providers to determine additional
easement will be needed.
STAFF RECOMMENDATION: Staff recommends approval of VAC16-00002, a vacation of the alley
right-of-way, 2,600 square feet east of Ellis Avenue, south of 332 Ellis Avenue, subject to:
1. A Public Access easement be retained over the vacated right-of-way.
2. A utility easement be required over the vacated alley.
3. The driveway be improved according to plans approved by the City Engineer.
4. Approval of the special exception for the establishment of a fraternity at 332 Ellis.
ATTACHMENTS:
1. Location map
2. Site plan
Approved by:
of Neighborhood and Development Services
w F VAC16-00002
S 332 Ellis Avenue
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Prepared By: Marti Wolf
Date Prepared: Nov. 201
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Planning and Zoning Commission
December 1, 2016— Formal Meeting
Page 3 of 6
Signs returned to the meeting.
VACATION ITEM (VAC16:00002):
Discussion of an application submitted by Ellis Avenue, LLC for a vacation of the public alley
right-of-way located between Ridgeland Avenue and Ellis Avenue.
Miklo showed the area in question on an aerial photograph. He stated the applicant is
redeveloping a building that was originally developed as a fraternity but was later converted to a
rooming house. They are hoping to convert it back to a fraternity so they are asking to vacate
the alley property in the hopes of acquiring the property and adding it to the larger parcel. If it is
vacated and sold to them it would increase the density of the potential fraternity on the property
by two residents.
When Staff evaluated the request they looked at a number of criteria they use for vacation of
public right-of-way and determined this request does meet those. Miklo noted that there is
some public need for this property for a sanitary sewer and water line, that same need can be
addressed with an easement. The right-of-way does provide access to 332 Ellis Avenue as well
as 320 Ellis Avenue, so an easement would be necessary to assure both properties over time
will have access to their parking.
Staff recommends approval of VAC 16-00002, a vacation of the alley right-of-way
east of Ellis Avenue, south of 332 Ellis Avenue, subject to:
1. A Public Access easement be retained over the vacated right-of-way.
2. A utility easement be required over the vacated alley.
3. The driveway be improved according to plans approved by the City Engineer.
4. Approval of the special exception for the establishment of a fraternity at 332 Ellis.
Freerks asked if the applicant is planning to retain the existing structure or if they are planning to
rebuild. Miklo said they are planning to retain the existing structure.
Hensch asked if the alley is currently used as an alley. Miklo replied it is. It provides access to
the two parking lots and secondary access to other residential buildings in the area. Parsons
noted he used to live in that area and occasionally people do use that alley to drive through.
Hensch asked about the easement and Miklo said it would require that the travelling lane be
maintained and open (no parking in that area).
Hensch asked about the neighbor to the south and Miklo said Staff has spoken with a
representative of 320 Ellis Avenue and they don't believe they have any interest in the property
as long as an easement is maintained to allow access to their parking, but there is a Board that
manages the property and the full Board will review it.
Freerks opened the public hearing.
Adam Brantman (Ellis Ave LLC) came forward to answer questions. He noted they are
contemplating renovation and then sale of the property to a fraternity. They have talked with the
Planning and Zoning Commission
December 1, 2016—Formal Meeting
Page 4 of 6
property owner to the south about the alley, currently the alley is gravel and as part of the
project they would pave the alley and maintain it.
Freerks asked how many units were in the rooming house currently. Brantman said it is
currently 25.
Dylan Whittemore (320 Ellis Corp) is on the board of the Delta Epsilon Fraternity and noted they
understand the need for the easement for access to their property. He also stated they do plan
to pave their side of the parking lot. The only concern they have is plans for snow removal,
since that would no longer be under the City's purview.
Freerks closed the public hearing
Theobald moved to approve VAC16-00002, a vacation of the alley right-of-
way, 2,600 square feet east of Ellis Avenue, south of 332 Ellis Avenue,
subject to:
1. A Public Access easement be retained over the vacated right-of-way.
2. A utility easement be required over the vacated alley.
3. The driveway be improved according to plans approved by the City Engineer.
4. Approval of the special exception for the establishment of a fraternity at 332
Ellis.
Hensch seconded the motion
Hensch noted it seems like this will be an improvement to the neighborhood and Theobald and
Freerks agreed.
A vote was taken and motion carried 6-0 (Martin absent).
CONSIDERATION OF MEETING MINUTES: NOVEMBER 17. 2016
Parsons moved to approve the meeting minutes of November 17, 2016.
Hensch seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Miklo noted that Jeff Speck was in Iowa City the last week of October. The Commission agreed
to watch a recording of Speck's presentation.
ADJOURNMENT:
Hensch moved to adjourn.
Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(VAC15-00007)
ORDINANCE NO.
ORDINANCE VACATING ALLEY RIGHT-OF-WAY BETWEEN 332 ELLIS AND 320 ELLIS
AVENUE (VAC16-00002)
WHEREAS, the applicant, Ellis Avenue, LLC, has requested that the City vacate and convey to the
applicant the portion of the alley right-of-way running east -west between 332 Ellis Avenue and 320 Ellis
Avenue; and
WHERAS, the vacation is being requested to allow the applican to acquire the right-of-way for the
abutting property at 332 Ellis Avenue; and
WHEREAS, this alley righ�of-way is utilized for access and circ ation by nearby residents; and
WHEREAS, a suitable pub\andninlg
easement will be establis ed in lieu of the right-of-way; and
WHEREAS, the driveway oved according to plans pproved by the City Engineer; and
WH ERAS, public water anewer utilities exist on t s portion of the right-of-way; and
WHEREAS, a utility easemrequired over the vac ed alley; and
WHEREAS, the Planning Commission has te reviewed the proposed vacation of the
alley right-of-way between Ellis ARidgeland Avenueland has recommended approval of the
application subject to a public accent, paving of the dri�eway, and necessary utility easements.
NOW, THEREFORE, BE IT ORDAINED BY TPtf- CITY
SECTION I VACATION. The City of Iowa C
described as follows subject to the easements
ALL OF THE 20 FOOT ALLEY LYING SOI
LOTS 27 AND 28 IN BLOCK 4 OF MANVII
ACCORDING TO THE RECORDED PLAT
OF THE CITY OF IOWA CITY, IOWA:
that portion of public right-of-way
Y AND IMMEDIATELY ADJACENT TO
3HTS ADDITION TO IOWA CITY, IOWA,
SECTION Il. REPEALER. All ordinan/valid
arts of rdinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any svision or rt of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicatiot affect the alidity of the Ordinance as a whole or any
section, provision or part thereof not adjudgor unconstitu 'onal.
SECTION IV. EFFECTIVE DATE. Thise shall be in ect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of \ 20_.
AYOR: ^;
Approved by: 3a j
ATTEST: r"
CITY CLERK City Attorney's Office T a"
.h�
en
NOTICE OF PUBLIC HEARING ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE
HICKORY HILL PARK TRAIL BRIDGE REPLACEMENT PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER
INTERESTED PERSONS:
Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con-
duct a public hearing on plans, specifications, form of contract and estimated cost for the
construction of the Hickory Hill Park Trail Bridge Replacement Project in said city at 7:00
p.m. on the 17th day of January, 2017, said meeting to be held in the Emma J. Harvat Hall
in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the
next meeting of the City Council thereafter as posted by the City Clerk.
This project includes removing an existing wooden pole bridge and constructing a new
pre-engineered steel pedestrian bridge in its place. This project also includes streambank
stabilization and trail repairs and is located in Hickory Hill Park, Iowa City, Iowa.
Said plans, specifications, form of contract and estimated cost are now on file in the office
of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested
persons.
Any interested persons may appear at said meeting of the City Council for the purpose of
making objections to and comments concerning said plans, specifications, contract or the
cost of making said improvement.
This notice is given by order of the City Council of the City of Iowa City, Iowa and as
provided by law.
JULIE VOPARIL, DEPUTY CITY CLERK