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2018-07-03 Ordinance
Deferred to 8/7/18 Prepared by: Sylvia Bochner, Planning Intern,410 E.Washington Street, Iowa City, IA 52240;319-356-5240 (REZ18-00014) Ordinance No. An ordinance conditionally rezoning approximately 3.41 acres from High Density Multifamily Residential (RM-44) zone to Riverfront Crossings—South Downtown Subdistrict (RFC-SD) zone located at 12 E. Court Street. (REZ18-00014) Whereas, the applicant, 100-500 LLC, has requested a rezoning of property located at 12 E. Court Street from High Density Multifamily Residential (RM-44) to Riverfront Crossings—South Downtown Subdistrict (RFC-SD); and Whereas, the Comprehensive Plan indicates that this property is appropriate for redevelopment of high density multifamily housing that contributes to a pedestrian friendly streetscape; and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for compliance with the Downtown and Riverfront Crossings Master Plan including dedication of right of way and construction of Capitol Street;and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now,therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of High Density Multifamily Residential(RM-44)to Riverfront Crossings—South Downtown Subdistrict(RFC-SD): ALL OF LOT 5,ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY,JOHNSON COUNTY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF.ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY,JOHNSON COUNTY, IOWA,ACCORDING TO THE RECORDED PLAT THEREOF.ALSO INCLUDING LOTS 1, 2, 3,4 BLOCK 93, IOWA CITY,ACCORDING TO THE RECORDED PLAT THEREOF. 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 IV. 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 record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. MAYOR ATTEST: CITY CLERK Ap roved b 1r� id 1 City Attorney's Office Prepared by:Sylvia Bochner, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5240(REZ18-00014) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City") and 100-500, L.L.C. (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 3.41 acres of property located at 12 E. Court Street; and • Whereas, the Owner has requested the rezoning of said property from High Density Multifamily Residential (RM-44) to Riverfront Crossings—South Downtown Subdistrict (RFC- SD); and Whereas, the requested rezoning will result in a significant increase in residential density, necessitating street improvements for vehicular and pedestrian traffic, and Whereas, the large scale of the development (equivalent to a square block) necessitates careful consideration of design, and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding compliance with the Downtown and Riverfront Crossings Master Plan, including dedication of right of way and the construction of Capitol Street and streetscape enhancements on Burlington Street, the requested zohing is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for dedication of right of way and construction of Capitol Street and streetscape improvements on Burlington Street; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 100-500 LLC is the legal title holder of the property legally described as ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT ppdadMagllrezla-000014 cza.doc 1 THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT THEREOF. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. 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. Prior to issuance of a building permit for any of the subject property, Owner shall; Dedicate right of way of sufficient width to the City to facilitate the reestablishment of Capitol Street, and ii. Obtain approval of the exterior design elevations from the Planning and Zoning Commission. If Level II design review is required for bonus height, the Planning and Zoning Commission will review the proposed development plan and make a recommendation to the City Council. b. Prior to issuance of a certificate of occupancy for any of the subject property Owner shall: i. Build the Capitol Street right-of-way to specifications approved by the City Engineer, and H. Install streetscape improvements to enhance the pedestrian environment on Burlington Street and Court Street, as described in the Downtown and Riverfront Crossings Master Plan. c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above-described property. • 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind ppdadMagihezl8-000014 cza.doc 2 all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. • 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. City of Iowa City Jim Throgmorton, Mayor By: V Attest: Kellie Fruehling, City Clerk By: roved by: City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 100-500, L.L.C.Acknowledgment: ppdadadagurezla-000014 cza.doc 3 all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. City of Iowa City i it _Ct.__ a L ! . 0, (10 � Jim Throgm, •yor By:• j� Attest: L., A Kellie Fruehlin4, Sty Clerk By: Approved by City • ,orney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instru =at was acknowledged before me on , ! by Jim Throgmorton and Kellie - -hling as Mayor and City Clerk, respe.••- y, of the City of Iowa City. Nota • ' blic in and for the State of Iowa (Stamp or Seal) Title (and Rank)0 100-500, L.L.C. Acknowledgment: ppdadm/agthez18-000014 as 3 State of 1-oux2. County of N John so'' This record was acknowledged before me on S- /4 -/ 2' (Date) by S rneS A- C/ ,ca rlc (Name(s) of individual(s) as (owner- (type of authority, such as member) of 100-500, L.L.C.. —�u-G-P No Public in andd r the Stat (Stamp or Seal) KELLIE K.NumFRUEHX21819LING Canrrlissbn Oer Title (and Rank) Mr e My commission expires: pptladn!agVrez18-000014 cza.doc 4 Prepared by: Sylvia Bochner, Planning Intern,410 E.Washington Street, Iowa City,IA 52240;319-356-5240 (REZ18-00002) Ordinance No. 18-4760 An ordinance conditionally rezoning approximately 1.89 acres from Planned Development Overlay/High Density Single Family (OPD/RS- 12) zone to Low Density Multifamily (RM-12) zone for the property located at 1705 Prairie Du Chien Road. (REZ18-00002) Whereas, the applicant, Ross Nusser, has requested a rezoning of property located at 1705 Praire Du Chien Road from Planned Development Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily Residential (RM-12)zone;and Whereas, the Comprehensive Plan indicates that if this property redevelops, multi-family housing would be appropriate to maintain a mix of housing in the area; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for housing relocation assistance for the current residents of the mobile home park; limits on building height and the number of 3-bedroom units; Design Review approval to ensure compatibility with the neighborhood;and a requirement for outdoor amenities to attract longer term residents; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now,therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Planned Development Overlay/High Density Single Family (OPD/RS-12) to Low Density Multifamily Residential (RM- 12): Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the P.M.; thence North 88°31' West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence North 88°41' West 36.6 feet to a iron pin on the road right of way line; thence continuing North 88°41 ' West 637.4 feet to an iron pin at the Northwest comer of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest corner of the tract; thence south 88°25' East 710.6 feet to an iron pin on the Westerly road right of way line; thence continuing South 88°25' East 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of the road; thence Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Also excepting therefrom the following described tract: Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the 5"P.M., thence North 88° 13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88°27' West Ordinance No. 18-4760 Page 2 38.6 feet to an iron pin on the road right of way line; thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 0551 West 72.0 feet to an iron pin; thence South 88°25' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88°25' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89°30'00"E, along the North line of the Northeast Quarter of said Section 3, a distance of 1279.40 feet to the point of beginning;Thence continuing N89°30'00"E, along said North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42°40'40"W; Thence S33°43'51"W, 97.64 feet; Thence S89°28'15"W, 100.53 feet; Thence NO3 ° 14155"W, 143.55 feet; Thence N37°02'18"E, 26.03 feet to a point on said North line of the Northeast Quarter and said point of beginning, containing 0.61 acres. AND Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the 5"P.M., thence North 88°13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88°27' West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88°25' East 232.6 feet to an iron pin on the road right of way line; thence continuing South 88°25' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginn ing. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. 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 IV. 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 record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 18-4760 Page 3 Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of July , 20 18 MA� ATTES g I --2C CITY CLERK Apey{)) J (� z119 -1 City Attorneys Office Ordinance No. 18-4760 Page 4 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: x Botchway x Cole x Mims x Salih x Taylor x Thomas x Throgmorton First Consideration 05/29/2018 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: Cole. ABSENT: Salih. Second Consideration Vote for passage: Date published 07/12/2018 Moved by Mims, seconded by Taylor, 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. NAYS: None. ABSENT: Salih. Prepared by:Eleanor M.Dikes,City Attorney,410 E.Washington, Iowa City,IA 52240(319)356-5240(REZ18-00002) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Patricia C. Vangerpen and Peter Vangerpen (referred to collectively hereinafter as "Owner"); Hawkeye Trailer Court, LLC (referred to hereinafter as "Contract Purchaser") and Ross Nusser(referred to herein as "Applicant"). Whereas, Owner is the legal title holder and Contract Purchaser is the equitable title holder of approximately 1.89 acres of property located at 1705 Prairie du Chien Road in Iowa City; and Whereas, the Applicant has requested the rezoning of said property from Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) to Low Density Multifamily Residential (RM-12); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding relocation assistance for mobile home residents who will be displaced upon redevelopment, building size and design, provision of outdoor amenities, and the number of 3-bedroom units, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and Whereas, the Owner, Contract Purchaser and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, compatible with the surrounding neighborhood and done in a manner that mitigates the impact on existing residents; and Whereas, the Owner, Contract Purchaser and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder and Contract Purchaser is the equitable title holder of of the property legally described as Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the P.M.; thence North 88°31'West 689.3 feet to the centerline of the Prairie du Chien Road and the place of beginning; thence North 88°41'West 36.6 feet to a iron pin on the road right of way line; thence continuing North 88°41 ' West 637.4 feet to an iron pin at the Northwest corner of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest corner of the tract; thence south 88°25' East 710.6 feet to an iron pin on the Westerly road right of way line;thence continuing South 88°25' East 38.8 feet to the centerline of the said Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of the road; thence ppdcmrycevrcae-00002 cza(002)doc(1705 prairie do wen)doc 1 Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. Also excepting therefrom the following described tract: Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the 5°P.M., thence North 88° 13' West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88°27'West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South 88°25' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88°25' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the North quarter corner of Section 3, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N89°30'00"E, along the North line of the Northeast Quarter of said Section 3, a distance of 1279.40 feet to the point of beginning; Thence continuing N89°30'00"E, along said North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42°40'40'W; Thence S33°43'51'W, 97.64 feet; Thence 589°28'15'W, 100.53 feet; Thence NO3 014'55'W, 143.55 feet; Thence N37°02'18"E, 26.03 feet to a point on said North line of the Northeast Quarter and said point of beginning, containing 0.61 acres. AND Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the 5'"P.M., thence North 88°13'West 689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of beginning; thence North 88°27' West 38.6 feet to an iron pin on the road right of way line; thence continuing North 88°27'West 190.2 feet to an iron pin; thence South 1 055'West 72.0 feet to an iron pin; thence South 88°25' East 232.6 feet to an iron pin on the road right of way line; thence continuing South 88°25' East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30°03' West 57.5 feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginning. Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa. 2. The Owner, Contract Purchaser and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over ppdadMagl/rez18-00002 cza(002)doc(1105 prairie du then)doe 2 and above the existing regulations, in order to satisfy public needs directly caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner, Contract Purchaser and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Approval by the City's staff design review committee in accordance with the guidelines of Title 14, Chapter 3C of City Code. b. An outdoor amenity, which shall be approved by City as part of the design review. c. Three (3) bedroom units shall not exceed thirty percent(30%) of all dwelling units in the project; and d. No multi-family structure shall exceed two (2) stories in height. 4. In addition to the requirements of paragraph 3 above, and as further consideration of the City's rezoning of the subject property, Owner, Contract Purchaser and Applicant agree to comply with the following Resident Transition Plan (RTP) with regard to the residents of Hawkeye Trailer Court: a. Notice of redevelopment shall be provided to each tenant of the property, which notice shall provide a period of transition of at least nine (9) months from the date of the City's final approval for the rezoning ("transition period"), to permit residents adequate time to relocate to alterative housing arrangements. Notice shall be provided by regular mail, certified mail, and posting on the front door of the manufactured home. b. The RTP is limited to tenants who are residents of Hawkeye Trailer Court on the date of the City's final approval of the rezoning. The RTP shall be provided on a per household basis and there is only one household per manufactured home. Tenants evicted for good cause are not eligible for the RTP. A list of all the names and addresses of all eligible tenants shall be provided to the City within 10 days of final approval of the rezoning. c. Each household shall receive a goodwill payment of $2,000 upon voluntary termination of tenancy and vacation of the premises. d. In order to receive the goodwill payment of $2,000, tenants will be required to: i) voluntarily terminate their tenancy; and ii) vacate the premises as provided herein. Payment shall be provided within 10 days after the household has vacated the premises. e. Tenants can choose to either i) transfer title to their manufactured home to the landlord and leave their mobile home on the site at the end of the transition period, in which case the landlord will pay all disposal costs; or ii) remove and relocate their manufactured home from the site at the end of the transition period, in which case the tenant will be responsible for all costs and liability. If the tenant fails to exercise either option, the owner/contract purchaser will need to exercise ppdadrVagt'rez18-08002 cza(002).doc(1705 prairie du chien).doc 3 its rights under Chapter 5628. 5. The Owner, Contract Purchaser, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are directly caused by the requested zoning change. 6. The Owner, Contract Purchaser, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner, Contract Purchaser and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner, Contract Purchaser or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppdadrrtla8llrez18-00002 as(002).doc(1705 prairie du chien).doc 4 [City of Iowa City, Iowa's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] Dated this 3rdday of July , 2018. CITY/ Y O�IOW71TY Ja es Throgmorton, Ma or Attest: Ke ie Fruehling, (i Clerk moved by C•(� /� .Se*ZJ City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged' before me on S12 lA\/ , 2018 by James Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. aawidt Notary Public in and for the State of Iowa ,� CHRISTINE OLNEY (Stamp or Seal) _ �" CanmhabnNlmDarEOE7l2 .a,* My Cammsabit Spins Title (and Rank) IOWA My commission expires: Gip/a D ppdadndagVrezl8-00002 as(002).doc(1705 prairie du chien).doc 5 (Owners'Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] OWNERS�y � ! C/C-7-/SGL Peter Van Gerpen e• ?}din 4,2fier7...) ��'; MARK JAMES PATERNO Patricia C. Van Gerpen = Notarial Seal - IOWA '°"'" Commission No.779477 My Commission Expires July 22,2016 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ni17 09°", 2018 by Peter Van Gerpen. i do* ,re Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on -77247 Z9 , 2018 by Patricia C. Van Gerpen. Notary Public in and for the State of Iowa s MARK JAMES PATERNO Notarial Seal- IOWA (Stamp or Seal) 10Y'" Commission No.779477 My Commission Expires July 22,2016 Title (and Rank) My commission expires: ppdadnVagVrezlS-00002 cza(002).doc(1705 grade du&len).doc 6 [Contract Purchaser's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] CONTRACT PURCHASER Hawkeye Trailer Court, LLC B ► -.I____ 7 / Susan R. Moore, anager By: Curtis H. Moore, Manager STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Ma-7 29c , 2018 by Susan e Moore, as Manager of Hawkeye Trailer Court, LLC. / % 's MARK JAMES Seal - IOWA O Notary Public in and for the State of Iowa - Notarial Commission No.7 9477 My Commission Expires July 22,2016 (Stamp or Seal) Title (and Rank) My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ,j29 2018 by Curtis H. Moore, as Manager of Hawkeye Trailer Court, LLC. MARK JAMEeal S P-ATIOERWANO Notary Public in and for the State of Iowa Commission No.779477 My Commission Expires July 22,2016 (Stamp or Seal) Title (and Rank) My commission expires: ppdadMagVrezl8-00002 aa(002).doc(1705 praide du clan)doe 7 (Applicant's Signature Page to Conditional Zoning Agreement regarding 1705 Prairie Du Chien Road, Iowa City, Iowa] APPLICANT Ross Nusser STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me ons a `l , 2018 by Ross Nusser. • • Noe lic in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 7131 ppdadnVaOVrez18-00002 coo(002)Aoc(1705 prairie du chlen).doc 8 4c STAFF REPORT To: Planning and Zoning Commission Prepared by: Sarah Walz, Assistant Planner Item: REZ18-00002 Date: March 1, 2017 1705 Prairie Du Chien Road GENERAL INFORMATION: Applicant: Ross Nusser 250 Holiday Road Coralville, IA 52241 319-331-5206 RossNusser@urbanacres.com Property Owner: Hawkeye Trailer Court LLC 3169 Dubuque Street NE Iowa City, IA 52240 suemoore@gwestoffice.net Requested Action: Rezone from OPD/RS-12 to RM-12 Purpose: To allow for the development of multi-family housing Location: 1705 Prairie Du Chien Road Size: 82,328.4 square feet or 1.89 acres Existing Land Use and Zoning: Planned Development Overlay/High Density Single Family Residential (OPD/RS-12), manufactured housing Surrounding Land Use and Zoning: North: Residential, RS-12 and OPD/RS-12 South: Residential, RS-12 East: Residential, RS-5 West: Undeveloped, OPD/RS-12 Comprehensive Plan: North District Plan Neighborhood Open Space District: Foster Road File Date: January 25, 2018 45 Day Limitation Period: March 11, 2018 BACKGROUND INFORMATION: The applicant, Ross Nusser, is requesting a rezoning of a 1.89-acre property, located at 1705 Prairie du Chien Road, from Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) to Low Density Multifamily Residential (RM-12). The site is currently occupied by Hawkeye Trailer Court. This small manufactured housing park has 2 occupied the site since the 1960s and is basically unchanged in its layout. Eleven housing units are provided and 9 units are believed to be occupied. The applicant has indicated that they have used the "Good Neighbor Policy? A neighborhood meeting was held on February 21 at the Iowa City Public Library. Residents of the mobile home park have also been notified of the proposed sale of the property by the owner in a letter sent on February 3. The applicant also contacted in person and held a meeting with residents on February 19. ANALYSIS: Current Zoning: The property is currently zoned OPD/RS12—a zoning designation applied to all manufactured housing developments. The original zoning for the property was Factory-Built Housing Residential (RFBH)—a designation that was discontinued when the City adopted its current zoning code in 2005. At the time of the code update, all RFBH zones were re-designated High Density Single-Family (RS-12) with a Planned Development Overlay (OPD). The underlying zoning for the property allows for single-family, duplex, and/or townhome development. Proposed Zoning: The applicant proposes to rezone the property to Low Density Multi-Family Residential (RM-12)zone. The purpose of the RM-12 zone is to allow for the development of high density single-family housing and low density multi-family housing. The RM-12 zone is intended to provide a diverse 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. Based on the lot area, the property could support up to 30 multi-family units, provided all parking and dimensional standards are met (building heights are limited to 35 ft with additional limits on structures located within 15 feet of a residential zone). Compliance with Comprehensive Plan: The North District Plan addresses the potential for redevelopment in this area at such time as Foster Road is extended to Prairie du Chien: "If Foster Road is extended, it will open up the possibility of new development in this part of the district. The traffic capacity of an extended Foster Road could accommodate development of small apartments, townhouses, and single-family homes in this area. . . .A mobile home park currently exists just south of the location where Foster Road would connect with Prairie du Chien Road. If this property were ever to be redeveloped it should be reserved for small apartment buildings or similar multi-family housing to maintain a mix of housing in the area." The Comprehensive Plan contemplates infill development and the role it plays in neighborhood reinvestment, including rehabilitating existing structures or encouraging new development of vacant, blighted, or deteriorated property. The plan notes that the development or redevelopment of such sites should add to the diversity of housing options without compromising neighborhood character or over-burdening infrastructure. Integrating diverse housing sizes and types throughout the community increases the opportunity for people to live in the same neighborhood throughout the stages of life. By allowing for a mix of housing types, moderately priced housing can be incorporated into a neighborhood, rather than segregated in one or two areas of the community. In 2017, City Council adopted fifteen affordable housing strategies, including a policy to address tenant displacement, which includes the following: 3 • Council approval of major site plans when 12 or more households will be displaced and there is no accompanying rezoning. • Such applications would require a transition plan to better inform residents and the public (requires a comprehensive plan and a site plan ordinance amendment). The City Council also amended the Comprehensive Plan to address situations in which residents are displaced by new development. The Plan now includes the following goal in its Housing section: "Mitigate the impact of large scale residential redevelopment: Mitigate the impact of redevelopment on occupants of proposed projects involving the remodeling or reconstruction of existing multi-family residential dwellings by fostering communication between property owners and occupants through sufficient notice requirements, and encouraging the developer to create thoughtful transition plans that seek to accommodate the relocation needs of current occupants." In addition, the "Community Vision Statement" in the Plan calls for "fostering communication among owners, redevelopers, and occupants to mitigate the impact of redevelopment of existing residential properties." Council approval of the site plan is not required both because the subject property is being rezoned and the number of residents displaced falls beneath the 12-unit threshold. The principles of the comprehensive plan regarding displacement may be considered in connection with the rezoning. The applicant has worked proactively to meet the City's goals for displacement. Following notice by the property owner, which was mailed to residents in a letter dated February 3, the applicant has taken the following steps: 1. Contacted each resident personally (one resident was not reached in person but was contacted by phone). 2. A resident meeting was held at the Iowa City Public Library on February 19. • The applicant collected concerns of the residents • The applicant provided a resource list, including contact information for other manufactured housing developments (copy attached). 3. The applicant intends to offer an extended notice of transition, no less than 120 days. 4. The applicant is actively working with City staff to identify relocation funds to assist residents. Compatibility with neighborhood: The surrounding neighborhood is predominantly single- family housing. A recent rezoning and subdivision of 53.29 acres, located directly to the north of the subject property, calls for the construction of the Foster Road extension and allows the development of commercial and residential uses: senior housing located within a multi-family structure and 59 townhome units to be located along the new extension of Foster Road, east of Prairie du Chien Road. Environmentally Sensitive Areas: Steep slopes and groves of trees appear to be present on the western half of the property. Development that encroaches into these areas may require an overlay planned development rezoning. The applicant does not plan to encroach into these areas and so an OPD plan is not required at this time. Traffic implications: Due to the topography, the street network north of Dodge Street has limited connectivity. The extension of Foster Road will provide an alternative east-west street route through the area and provide for better multi-modal connectivity in the northern part of the city. and is considered necessary to allow for increased density for properties in this area. • STAFF RECOMMENDATION: Staff recommends approval of REZ18-00002, a proposal to rezone approximately 1.89 acres of 4 property located at 1705 Prairie du Chien Road from Planned Overlay Development High Density Single-Family (OPD-RS12)zone to Low Density Multi-Family(RM-12)zone, subject to a requirement that the applicant provide to the occupants a notice of transition in writing and provide no less than 120 days from the date of rezoning approval by Council. No permits should be issued until such time lapses unless all occupants are off the site before the 120 days. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Housing resource list provided by the applicant to current residents of 1705 Prairie du Chien Road 1e- Approved by: q414-%..- Kent Ralston, Acting Director, Department of Neighborhood and Development Services ppdadmin\stfrep\document2 NA ', REZ18-00002 iiptifigtrigin *" 't 1705 n,t; Prairie Du Chien Road 03 t). c; n.12 l9ih:sCITY OF IOWA CITY 1 1 1 1 1 i'.(Tared fit':..'. Ivia [incliner lhtte I'rrparc ed Innu;..v Z(I].: Y ; ,, ..----------7—_-----,------,..._____„. s.."".�.°.- .� ».W."^"'s^""+-+...� w:<„�„awe,>•. 1.4 ._.,. r tip+. «�t pe ".".., v � RR1, RS12 - , _ RS12 RS12 RS12 , RR1 RS12 14 RS5 ______ RS12 i :i' ' + II RS12 -0, R85 QPDIR.S12 r i\-------1RS5 y r--- - 0<.s. RS5 I RS12 RS12 RS12 _` �. RS5 RS12 RS5 r . RS5 RSS 414 RS5 _ }} RS12 RS5 J,.a. r An application submitted by Ross Nusser �� Rss ;9 ash `�� Rs5 RS5 RS5 for the rezoning of 82,328 square feet of J RS5 Rs5Z\c� RS5 ;� property located at 1705 Prairie Du Chien ``— ., RS5 RS5 ^' `"':` RS5 Road from Planned Development Overlay/ RS5 RS5 RS5 RS5 High Density Single Family Residential // RS5 RS5 0 (OPD/RS-12) to Low Density Multifamily U�, 4,' /'� RS5 ,� ��, RS5 f Residential (RM-12). �a ,y - • .....„........„0""1 RS5 • „k1.5-0-1 °m.” RS5 RS5 RS5 y RS5 O�' RS5 RS 'RS5 RS5 RS5 ';.\ RS5 RR1 �D,•\ _ I ." REZ18-00002 .l._..-_� I, ( t,, o.0,, .. , , 1 L 1 1 1705 Prairie Du Chien Road cry OF IOWA CITY _ _ I'rrpared Ry:Sylvia Widmer.,- �+, «.� ,.�, ,� 4 : j"'^ ' • .,�`_•• vote 1'1eparrd:JanuaryLU1F e . :1w ".�►a -.ill .�» 8Q 46 --. �, f;: �,u� Fr" • • r / 4 •7 i4 Y • « • , .. ..I. 4, „.„%, _ . . , .l i" ,,ale. „,z1...V i:' �! • ■• S. •• ♦ U 4.• • ill ii i�•�w , tlp ` 91. x`' Mi f t. •J •• • ! 4 4 4 6'43:$9 il#4i;i:4 "V An application submitted by Ross Nusser , > �`e� , '' may - ,d •. w for the rezoning of 82, q ~ Z r' �` 328 square feet of �► �til • property located at 1705 Prairie Du Chien '� " " Road from Planned Development Overlay/ s' High Density Single Family Residential tYr ' 4. (OPD/RS-12) to Low Density Multifamily '' Residential (RM-12), sfi � I. �" ' Housing Resources for the Residents of 1705 Prairie du Chien Rd. The Housing Fellowship 1319-358-9212 1322 E 2nd St, Iowa City, IA 52240 > http://www.housingfellowshio.com/ Iowa Valley Habitat for Humanity 1319-337-8949 12401 Scott Blvd SE, Iowa City,IA 52240 > httos://www.iowavalleyhabitat.org/ City of Iowa City, Sarah Walz 1319-356-5239 I sarah-walz@iowa-city.org *Regency MH Community 1319-351-8808 14455 Oak Crest Hill Rd SE, Iowa City, IA 52240 *Modem Manor 1319-338-5371 11700 S Scott Blvd, Iowa City, IA 52240 *Lake Ridge Inc. I 319-466-9071 I 702 Bay Ridge Dr, Iowa City, IA 52246 Forest View Trailer Ct 1319-338-8180 Hilltop MH Park 1319-338-4272 Breckenridge Estates 1319-449-3871 Knollwood MH Park 1319-560-7627 Bon Aire MH Lodge 1319-338-3152 Parkview MH 1319-545-2800 Sunrise Village 1319-354-2954 Western Hills M Estates 1319-545-2662 Thatcher MH Park 1319-351-5735 Golfview MH Park 1319-626-6060 Saddlebrook 1319-354-1961 Clear Creek MH Park 1319-321-2363 Holiday MH Court 1319-626-2112 City of Iowa City MEMORANDUM Date: April 17, 2014 To: Planning and Zoning Commission From: Sarah Walz, Associate Planner RE: REZ18-00002 1705 Prairie du Chien Road The applicant submitted the attached materials related to the proposed RM-12 rezoning for property located at 1705 Prairie du Chien Road. Staff has not had the opportunity to review this concept but will provide comment at the public meeting. No additional information has been submitted regarding a relocation plan. • .,.......;••••••• • •. - .''7`...7-. F-1".. .\\ , 1.114- 1 `e-41.:7 - __.„- -- - .-.• , • \ 1"6 a „,I,'”- CITY v FUTURE f 1 4-4:1, ,..v.., .�.-: A.4.0..- � CITYOFIOWACRY �, 5 4 '1.:. ��, :. v -, 7 2-STORY BUILDING E • \e•r '� '� rte, -,i. 116 UNITS I 1 • ry• / '-'2.-::2- &• ' • _ i tr ur[u N4 uau.rU YMMY.G " , t• /1 / III( "71 _ j----' \t 2.ST OaYBUILDING ■�, !. i,Rl •rj l • • e • e \' 18 UN1751db. • • .N00DtANU! 11 '~ / I RAVINE a '�F PARKING— - .�.n \ Mr i Yb� + ' e •. �: L g- ; ' �,'\ f"1• ,�`,lt i �t ��.''.'.'' / ! i :` . ,F w` ._ ...7“:"1,1•••••-..---"'" X. , r s r ) ))w � - )• • // � by4 i �'"t * , t.‘" ..•''' E ' ; '1 ,r z! � 1 • ' I • , tdy , t.' iI f � • ' / / K•_ iram4_r.. r /p ",!.. / / / NEUMANN MONSON ARCHITECTS SITE PLAN ,1"=So'-o" pool PRAIRIE DU CIiIEN DEVELOPMENT 00.000 04/05/18 . . • , • I . ' ;•.,,„ :-••.''',,I-1:c... •1 I. ii •'.•,..:•• • .- •:'• .:,1 , --•- .."'-': rt..4';;:i'.',''.-p.•':: ;. NEM :EMU ,- . . • . _.. ,.. '• 1111111M1 , .. ., • iff in , N • l .' ..' 111/111.1111. S. A 1 -I7 Ai I .mint LAPIN _ ! . . . i0 ,113 MON illi 'all 0 Of 1 4 .... II ....4 ...,V - '_., ,.' • ' ir rflf 4:--2 71 .114.... r-r-'---.--,-P''..r-...•." .',1 .. 1.-- ,, ...,...i.. it i ••..-....- ' .• ..,—. . . . ' -11 -----' - -rm.. ' Alk i , b4H___IILL_. ..._ ., -..,.,„.:,:- ,,,..z. ,,F-4.•,71 '.-T.;.. ... ..,,,;..-,,•••:. • ... , .,, . ... . , ........, • • •If-kr•'' ••-•'''' '"..• • . -I............ t ' ,.... , lir .-LI ,aucTiiri ire, ,_ .4;i:, I: ' ,,„ . 0 3 ' ,...• 111. ..,1 '. , ..• ,'4'k ;,- z ::i - ' , .. ',of:,,,,I r.•- --- - - - . • ,, .. . im' 'i„ ill • ....-ljr . 0 ....,-1._ ,..y.. 1Lnr -ff :,• NEUMANN MONSON ARCHITECTS PRECEDENT IMAGES P002 PRAIRIE DU CHIEN DEVELOPMENT 00.000 03129/18 Planning and Zoning Commission April 5, 2018 Page 5 of 13 A vote was taken and the motion carried 6-0. REZONING ITEM (REZ1B-00002): Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM-12)zone to Low Density Multifamily Residential (RM-12)zone for the property located at 1705 Prairie Du Chien Road. Walz noted that before the meeting Staff distributed a letter they received from one of the neighbors regarding this development. She stated that the Commission discussed the rezoning two meetings ago and the Commission had requested a couple of things. First requested was a better sense of what'was being proposed and then also a baseline for a relocation plan for current residents. Walz reiterated how they got to this point. The North District Plan, when written, contemplated that the current mobile home park might one day go away and there was a desire expressed in the Comprehensive Plan to maintain a diversity of housing so it contemplated a small apartment building would be appropriate at this location, particularly when Foster Road extension was completed. The Comprehensive Plan talks about the Foster Road extension making possible a greater variety and a greater density within the neighborhood. When the Commission reviewed the Foster Road rezoning it was discussed that the models looked at for transportation would provide some cross-connectivity that might alleviate the traffic south of Foster Road on Prairie Du Chien. Therefore, the applicant has proposed a development with a 24-unit apartment building in two parts, with most of the parking underground, they have provided a setback from the adjacent single-family property to the south, with an exterior playground area. It was noted in the neighborhood meetings the desire that this property be somewhere that invited longer-term residents, including families. The other issue Walz noted was the proposal for relocation assistance which the applicant will have to speak to. Freerks asked if there were any waivers or special issues with this application. Walz replied that it is not an Overlay Development Plan like the previous application. Freerks asked if the Commission would see this application again, or if the design would just be approved by Staff. Miklo confirmed that was the case unless the Commission conditioned the approval. Freerks opened the public hearing. Ross Nusser(250 Holiday Road, Coralville) is the applicant and can discuss the relocation plan. They have not worked out all the specific nor been in contact with the residents'since the last meeting, they are willing to commit to $1,000 in relocation benefits to each resident who is in the trailer park. They are also willing to offer a minimum of nine months for relocation after the approval of rezoning. With regards to the design, the plan they are showing tonight is just conceptual as there are still discussions with regards to the other parcel and what the City or neighboring residents might want or desire there, perhaps a driveway that connects to Foster Road. He noted that they are trying to appease so many different people so it is not easy. They did review the North Side District Plan Planning and Zoning Commission April 5, 2018 Page 6 of 13 and acknowledged it notes that the area should be reserved for small buildings of multi-family housing to maintain a mix of housing in the area and with the images they are sharing tonight he feels they can achieved that but cannot commit to an exact design at this time. He added they just won't know exactly what will work best until they get through the zoning process. He reiterated that the first priority is the transition of the current residents and the second priority is how a development will mix with the neighborhood. They are currently showing a two-story building, there is the ability to do a three story building within the zoning they are requesting, but they don't feel that would fit within the neighborhood. Nusser stated that the images shown of possible buildings were drawn just for the benefit of the Commission, but they do only want to move forward with the best intentions. Nusser will continue to work with City staff on the best solutions for moving forward and will meet any restrictions imposed upon them. Martin asked why this is a work in progress and not a complete design at this time. Nusser said it is a work in progress because at this time they do not have any title or connection to the area that is City of Iowa City right-of-way. One of the biggest questions from Nancy Purington and some of the other neighbors is the connectivity to Foster Road which cannot happen if they do not have title to the connection area. Freerks commented on the conversation about curves and right-of-way and she noted that if the development connects via Foster Road it will be at a curve there too and therefore doesn't see one option as being better than the other. Nusser noted it is more of an issue that they want to make accommodation for the people who live in the area and the neighbors have indicated their interest is to have the connectivity to Foster Road versus Prairie Du Chien. Nusser personally doesn't have a preference, but this is out of respect to the neighbors. Freerks understands but feels it would be more difficult of a design to connection via Foster Road. Parsons asked if they anticipate the buildings being mostly one and two-bedroom units. Nusser confirmed that is the intention. Freerks asked about the outdoor amenities. Nusser said they are open to including any required outdoor amenities. Hensch added that if the goal is to have long term tenants in this development then having nice outdoor amenities is necessary, such as play areas for families, etc. Nusser agreed. Hensch also noted his concern with traffic and stated with the new Foster Road, it is hard to anticipate what the traffic will be. Freerks stated with one and two-bedroom units it won't be a huge increase in traffic to the area. Signs stated that with some of the input from the last meeting and the letters the Commission has received, it seems that if there is a traffic problem it is not relevant to this particular piece, if people are speeding in the area then that needs to be address separately. Ray Anderson (2155 Prairie Du Chien Road) lives north of this area and has another property on 1 Caroline Court which is on the corner of Prairie Du Chien Road and can't for the life of him see why the City would want to put an apartment complex in that area, it is a big area of single family houses, mostly small ranches with nice yards and feels this will change the whole nature of the property. Anderson states he has lived in the area for 40 years and Prairie Du Chien is a heavily traveled road with lots of traffic from the developments to the north. He is happy that Foster Road is being extended but doesn't feel an apartment complex is going to do anything at all for the residents of the area. Anderson foresees a lot of traffic safety problems with a development of that Planning and Zoning Commission April 5, 2018 Page 7 of 13 size in the area. He added that the sidewalks on that side of Prairie Du Chien stop right there, before the freeway, and it is dangerous seeing people bicycling and walking there and to expand the number of people in this area is not a good idea. Laureen Ipsen (1710 Prairie Du Chien Road) said her house is directly across the street from the proposed driveway of this development. She said that the statement that the driveway would either spill out on Foster Road on a curve or Prairie Du Chien on a curve is true but the difference is in the width of the roads. She notices now people trying to make a left turn into the trailer park and cars can really get backed up and feels that will only get worse with the addition of Foster Road traffic coming to Prairie Du Chien. She added that Prairie Du Chien is a narrow road already being shared with bicyclists and Foster Road will be two lanes with added bicycle lanes so if this development entrance was off Foster Road it would be easier for people to get around the cars stopped trying to make a left turn into the development. Ipsen has talked with many residents on Prairie Du Chien and they are already having problems backing out of their driveways onto Prairie Du Chien. In this proposed development she counted 72 parking spaces and that puts a lot of pressure on an already narrow, busy street with bicyclists. Ipsen asked if it would be possible to have the design flipped so the driveway goes to Foster Road and the two story bigger building is closer to Prairie Du Chien. Freerks noted what most people want is for these driveways to be further away from major intersections and the City agrees as it is safer. Ipsen understands but stated it puts a lot of pressure on Prairie Du Chien. Miklo said they could look at a scenario where the buildings and driveway are shifted to Foster Road, but that may not be possible with the topography and staff cannot commit to a driveway onto Foster Road. Signs added he heard a willingness from the developer to do this if possible, but right now it is unknown, a lot depends on how Foster Road is developed. Ipsen asked if the units in the development will be apartments or home-owned condominiums. Miklo stated that the City is not able to control that with zoning. Ipsen added that in talking with several other residents there is a concern with the speeding on Prairie Du Chien, it is a problem. She also asked if it is possible to hold off on the development of this application until it is seen what the traffic patterns will be once Foster Road is complete. Freerks stated that is not a fair request to the developer. Currently there are 12 units on this property (mobile homes) and this development will only be adding 12 more units (total of 24 or so apartments). Signs added that there is some urgency for this development because the current owner has concern regarding their sewer collapsing. Ipsen understands and noted she has also lived in trailer parks and understands the concerns. However, she is wondering if a traffic survey can be done she feels it would be beneficial. Bob Guyer(1529 Prairie Du Chien Road) asked if there are plans for a traffic light at the intersection of Foster Road and Prairie Du Chien. Miklo replied there are no plans for a traffic light at this time. Walz added there has to be a certain amount of traffic before a traffic light is warranted but once it reaches that threshold they would contemplate a light. Guyer said having one would help to slow down the traffic on Prairie Du Chien Road and people on Foster Road will have a difficult time getting onto Prairie Du Chien Road, especially during prime times. Freerks acknowledged that a traffic light will likely be in the works at some point. Guyer asked how much traffic is needed to warrant a light and noted that it took 30 years to get one at the corner of Prairie Du Chien and Dodge Street. Walz stated that the traffic model that was looked at with the Planning and Zoning Commission April 5, 2018 Page 8 of 13 extension of Foster Road showed that some traffic would be taken away from Prairie Du Chien. Guyer stated it is difficult getting out of driveways on Prairie Du Chien, it can be dangerous. He has made many complaints to the Police Department. Walz said they can make a request to put the speed trailer sign up and acknowledged it is an area that probably does experience some speeding because of the transition from rural to urban areas. Guyer reiterated his whole complaint is traffic, he understands people are going to build what they are going to build, and adding to the traffic is a concern. Marsha Anderson (1543 Prairie Du Chien Road) stated the area is already a hazard, there are 100's of bicyclists, pedestrians and children that try to go over the freeway on a path that has no area for pedestrians or bicycles. It is not a safe road and traffic on it should not be increased. There are many types of vehicles on that road, motorcycles, water craft, etc. that all speed and she can hear tires squealing, it is dangerous and they don't want more traffic there. Nancy Purington (1706 Prairie Du Chien Road) thanked the Commission for allowing her to speak and for reading her letter. When listening to the others from the neighborhood this evening she sees that she is not the only one who has observed and experienced traffic issues, so she is not going to talk about that. She is curious if this is the night where they will vote in changing it from RS-12 to RM-12. Walz explained that the Commission will provide a recommendation to be forwarded to the City Council and the City Council will make the decision. Purington stated that when reading the information in tonight's agenda packet that dealt with the first applicant, the criteria for review of a Planned Development Overlay (which Freerks noted this current application is not a Planned Development Overlay), and this current application still reflects the conceptual premises used to develop neighborhoods. The density and design of an area will be compatible and/or complimentary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. The development will not overburden existing streets and utilities, the development will not adversely affect views, light and air, property values and privacy of neighboring properties and the combination of land uses and building types and any variation from the underlying zoning requirements will be in the public interest, in harmony with the purposes and with other building regulations of the City. Purington said these things should be thought of with any consideration of change of zoning. Freerks agreed and noted that the Commission must think of a lot of things. Purington then encourages the Commission to not change the zoning of this area, especially since they have not seen what could be done with the way it is zoned now. Even though it is a humble street, it is very consistent in the architecture, there are under five houses that were there at the early part of the 20th century and for the most part post-WWII mid-century modern little bungalows and changing that area to multi-family dwellings, that are two or three stories, are all things that will not create a welcoming entrance to the city. This is also an entrance to the city, there is a very nice development on the county side and it gets more modest as you enter town. This proposed development is a jarring change, it looks very commercial and this is not a commercial street, and it is all single family dwellings. The question that arose at the neighborhood meeting regarding a space for the people that would live in the development as well as for the neighbors to use is not necessary, all the neighbors have their own yard space. Purington reiterated that this is a jarring disruption visually to have multi-family buildings, especially two stories, everything else in the area is single story. There is an opportunity here to keep one long stretch of homes consistent, which seems to be the goal when looking at changes, to keep things compatible. Purington stated that in the first meeting they had with Nusser he did show little duplexes and the neighbors that were there preferred those, these large buildings were not preferred. It doesn't fit with the neighborhood at all, on either side of the interstate. Purington is questioning what development could be done in Planning and Zoning Commission April 5, 2018 Page 9 of 13 this area without changing the zoning and keeping it consistent because that is one pleasant quality of that street. It is a calming area that is single-family oriented. This development will disrupt property values, it will change the feel. Curt Moore (3169 Dubuque Street NE) thanked Signs for addressing that this is two separate issues, this tonight is about rezoning, and the street issue is totally separate. He came before the Commission during the discussions of the Foster Road extension and that there would be a development on the corner with potentially a commercial building and another 100 units down the road, no one came and said anything at that discussion, and he was the only one. He can appreciate the issues the residents of Prairie Du Chien may have, he lives on Dubuque Street and he also cannot back out of his driveway, traffic gets backed up from the interstate to his place and he's a quarter of a mile away, so he understands what road conditions are. Moore reiterated that this is a zoning issue and they are bending over backwards. When Moore was at the first community meeting at the grade school for the Vintage Coops, he probably asked 50% of the questions and there were probably 50 people in the room. Everyone was all for Foster Road extension and one of the issues was what would happen to the trailer court and when could it be gotten rid of. At that meeting it was said that was not the issue of discussion, only to discuss Foster Road. Now it is time to do something about it, it's time to clean it up, time to make Iowa City better and for the Commission to look at the big picture and this application is part of it. Moore added that they are on a time schedule in terms of the sewer and water, it will not last, and they have a solution for the transition of the current residents. Moore also noted that there are other areas around this development that have been rezoned and could have apartment buildings put on them, this is just in the middle of that, but the rest of the area is not always going to be single family homes. Sara Barron (Johnson County Affordable Housing Coalition) wanted to express the Coalition's support for the continued push for relocation assistance as the City is allowing these redevelopment projects. There was some question on how that was going to come into play and it was great to hear Mr. Nusser address that tonight with the offer of relocation assistance to all the residents. The Coalition stresses the need to prioritize the impact it has on residents that are living in areas that may very well need to be redeveloped, but to keep thinking about the impact it has on those families. Hensch asked Barron how she viewed the proposed relocation proposal offered this evening. Barron said she could not speak for the residents and cannot offer a specific dollar amount but does think there are some good resources that show costs associated with relocations and if the $1000 proposed will be sufficient. She added that the yearlong period is more generous than what is normally required for relocation projects. Freerks asked what the amount was that the City Council agreed upon for the relocation of residents displaced from Dolphin Pointe. Hektoen thought $500, noting there were a couple different pots of money that were available to those residents. Laureen Ipsen (1710 Prairie Du Chien Road) noted she did get sidetracked with the traffic issues and did want to say before they change the zoning if they could see if there is an option to keep it the same zoning and what would the builders have options to do. Freerks stated that the Commission cannot require that, there is a cost involved in all these things and to ask a developer to show options for things other than what they are requesting would be a burden and something the City does not require. Freerks said someone from the City probably could say how many units could be on this property if the zoning stayed the same. Walz said Planning and Zoning Commission April 5, 2018 Page 10 of 13 townhomes could probably be done with the current zoning, likely a dozen to 18 townhomes, but it would have to be laid out with driveways, etc., to be exact. Miklo added that the Comprehensive Plan specifically shows this area as low density multi-family versus high-density single family. Walz added at the intersection of two major streets it is not unusual to see low density multi-family. The other goal with this particular property was the idea if the trailer court went away to replace it with something that diversified it and gave opportunity for housing that might tend to be more affordable. Ipsen understands what they are saying but still feels the density will change the dynamic of Prairie Du Chien and it may not be as inviting looking depending upon how it is built, it will affect the single family dwellings in the area. She suggests leaving the zoning as is and see what a townhouse concept would look like. Bob Guyer(1529 Prairie Du Chien Road) asked if Planning and Zoning has any input or power as far as relocation benefits to the people. Freerks stated it was something the Commission talked about recently. Hektoen stated the State Code allows the City Council, and Planning and Zoning advises City Council, to impose conditions on an owner of a property that are in addition to the zoning code requirement. The conditions must meet public needs that are identified as a result of the rezoning request. In this case there is a public need because people will be displaced by this zoning and imposing a condition can mitigate the impact on the displaced persons. Guyer acknowledged then that the Commission has input. Freerks confirmed they can make a recommendation to City Council and City Council has already put a stipulation that if there are 12 or more that are being displaced relocation assistance must be included. In this case it is 9 or so, therefore under the required number, however there are other issues in this case such as low income, difficulty in moving the trailers, some are owner-occupied, some are rentals, and there are many concerns. Guyer stated that the $1000 proposed for each family would not go very far toward moving is expensive. Nancy Purington (1706 Prairie Du Chien Road) acknowledged that where Foster Road connects to Prairie Du Chien it will make a corner but surrounding that whole area are single family dwellings. Up the street there is a trailer court that will be reversed back to four single family lots once any change happens and that will be consistent with the neighborhood. When Purington called the City to ask about that several months ago they said it would have to be four single family lots and the dwellings would have to be consistent with the architecture on the street. Purington questions how this area is any different. Freerks reiterated that this area in the Comprehensive Plan was specified for low density multi- family so that is what the applicant is asking for. The Comprehensive Plan was discussed publicly at one time. Walz added when Foster Road is constructed there will be that remnant piece land that is left over that is not developable on its own and therefore this application property becomes the defacto corner lot. In the case of the other trailer court, it is in the middle of a neighborhood, surrounded on all sides. Miklo added that the Zoning Code does not require single family houses to be compatible or in character with the others in the neighborhood. That would only be required if it were in a historic preservation overlay. Purington said is seems strange the City would encourage dissentient in design and not harmony. Regardless the rest of the street is always going to be single family residents and will not change. Foster Road is different, it will be a different type of street, and there is an opportunity to put in a bunch of different things at once. This will disrupt the entrance to the city and the harmony of the Planning and Zoning Commission April 5, 2018 Page 11 of 13 neighborhood. Signs stated he feels Purington is driving on a different Prairie Du Chien then he drives on because as he drives on Prairie Du Chien from Dodge Street north, consistency is not a word that would come to his mind. There is a wide variety of housing styles and lot sizes. Purington disagreed. Parsons asked to see the map of all the zonings in that area. He noted there is already RS-12 south of the application property. Miklo said the area is RS-12, the City recently approved a planned development to allow multi-family attached units in the RS-12 zone for the Vintage Co-op and adjacent properties. This application would change from RS-12 to RM-12. Freerks closed the public hearing. Hensch moved to approve REZ18-00002 an application submitted by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily (RM-12)zone for the property located at 1705 Prairie Du Chien Road with the following conditions: 1. Relocation assistance minimum of$1000 and nine months to find new housing. 2. Two story height limit on buildings. 3. Design review being required. 4. Outdoor amenities. 5. Cap on three-bedroom units of 30%. Parsons seconded the motion. Hensch noted that the request is consistent with the Comprehensive Plan, he is sensitive to traffic issues, but that is a separate issue that needs to be addressed separately. He added he is pleased with the applicant's offer for relocation assistance. Yes $1000 isn't a lot anymore, but it is enough for a rental deposit. With regards to the conditions, Freerks would like to discuss outside amenities and to make sure they are only one or two-bedroom units, no larger. Signs noted that when discussing outside amenities they discussed playground area for children but typically when thinking of one or two-bedroom units you don't think families. Miklo suggested that if a goal is to attract some families to this area, in other areas of the Code there is a restriction to 30% of three-bedroom units, so they may want to provide that flexibility. Signs feels that would add to neighborhood stability and less turnover in leases. The Commission agreed to add a condition of a limit of three-bedroom units to 30%. Freerks noted in the design review stage she likes to see the larger green space areas rather than multiple smaller green spaces hidden amongst parking spaces. Signs understands the neighborhoods passion for their area. He just sees the speeding on the street and traffic as a separate issue, but the neighborhood has every right to be concerned about it. At this point no one really knows what the Foster Road connection will do to the traffic in that area, and the neighborhood will have to be vigilant about that and come to the City with concerns. It just isn't relevant to for this development going from 12 units to potentially 24. He reiterated the public comment about no one being present to comment on the huge multi-family development proposed along Foster Road which may impact the traffic way more than this little piece will. Signs also likes the design of this proposal because it puts the smaller building facing Prairie Du Chien Planning and Zoning Commission April 5,2018 Page 12 of 13 and puts the big building behind with a frontage on Foster Road and that helps maintain the character of smaller structures along Prairie Du Chien. Freerks agrees and likes the current layout and the distance of the bigger building from Foster Road will help minimize its size. A vote was taken and the motion carried 6-0. SUBDIVISION ITEM (SUB18-00007): Discussion of an application submitted by The City of Iowa City for a preliminary plat of Iowa City Industrial Campus, a 173-acre, 3-lot industrial subdivision with 3-outlots located at 420th Street, west of Taft Avenue. Miklo stated the annexation and rezoning of this property was approved a number of years ago. A preliminary plat was also approved at that time. However, preliminary plats are valid for two years so the plat has expired and the City is now seeking reapproval of basically the same design with a couple of changes. The original design had the area south of 420th Street broken into smaller lots and they are now proposing to leave that as one outlot for future development so it would come back before the Commission if it were to be subdivided. The plan also has an outlot that covers the wetland area. There would be three industrial lots for development with access to 420th Street. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Signs moved to approve SUB18-00007 an application submitted by The City of Iowa City for a preliminary plat of Iowa City Industrial Campus, a 173-acre, 3-lot industrial subdivision with 3-outlots located at 420th Street, west of Taft Avenue. Theobald seconded the motion. Hensch asked if the one outlot was wetlands because of the topography. Miklo believes it is due to the topography but also a drainage way that runs through that area. A vote was taken and the motion carried 6-0. Adjournment: Hensch moved to adjourn. Parsons seconded. A vote was taken and the motion passed 6-0. MINUTES APPROVED PLANNING AND ZONING COMMISSION APRIL 2, 2018-5:15 PM—WORK SESSION HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Bob Miklo, Sarah Walz OTHERS PRESENT: CALL TO ORDER: Freerks called the meeting to order at 5:15 PM. REZONING ITEM (REZ18-00002): Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM-12) zone to Low Density Multifamily Residential (RM-12) zone for the property located at 1705 Prairie Du Chien Road. Walz noted the Commission had asked for more information and staff is hopeful that by Thursday's meeting the applicant will have a proposal regarding relocation assistance for current residents. Martin asked if the confusion is because City Council stated that there had to be 12 units displaced to require a relocation plan and there are only 10 in this situation. Hektoen said that is for projects where there is no rezoning, there is a rezoning in this situation and the Commission can impose conditions to meet public need imposed by the rezoning and require relocation or transition plans. Walz noted that this is a unique situation as it is manufactured housing and while a person may own their home, they have no rights to the land. Freerks added that because the home are all older and may not be able to be moved, so this is a special case and not like an apartment structure that is being removed and there are other apartment options. Freerks also asked if the homes were rented, who received the relocation money, the home owner or the renter. Those are the details and questions that need to be decided. Walz said most are long-term occupied, but unsure of how many are owner-occupied or rentals. Freerks added that in the past they have required relocation plans for manufactured housing areas before, such as when HyVee was built on 1st Avenue, so there are plans to follow. Parsons added that these situations are difficult and it takes a while to go through all the steps and make sure the best solution is found. Planning and Zoning Commission April 2, 2018—Work Session Page 2 of 6 Freerks asked about the proposal, and the underground parking and the outdoor plaza. Walz said that will likely be patio space. Freerks noted that the best view from that property is the back and perhaps that is where the outdoor plaza should be. Parsons asked if the building was two or three stories. There was an indication that it would be limited to two but some of the pictures show three. Walz said staff has not had a chance to have a conversation with the applicant to clarify, her sense is that the photos they submitted are examples of possible designs. Freerks noted she hopes the applicant has design images to show on Thursday to the Commission. Miklo stated the applicant expressed a concern regarding the expense of drawing up a design plan with the uncertainty of when the rezoning would be approved. Miklo felt the bigger concern for the Commission and Council should be the relocation. Walz added that staff felt if the applicant is unsure of what exactly they wanted to build, if they could at least present footprints of how they would arrange the lot, a concept of how many units they would propose, etc. REZONING ITEM (REZ17-00015): Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of approximately 7.84 acres from Interim Development Research Development Park(IDRP)zone to Low Density Multifamily (RM-12) zone for the property located west of Camp Cardinal Boulevard and east of Deer Creek Road. Miklo recalled one of the concerns of the Commission at the last meeting were the buffer from the Highway 218 and the applicant has submitted a new plan. When the City rewrote the Subdivision Code in 2008 they did research and looked at HUD and DOT guidelines about residential development near highways and of course the farther you get away, the better, and there is also a decibel level that is considered acceptable through HUD (for financing). So that is when the 300 foot buffer was created, from research as to that being where the noise level begins to drop off. The other concern is the fumes, the closer one lives to the highway the more carcinogens one is exposed to. So those are the rationales for the City's guideline of 300 feet buffer. Hektoen added that this situation is similar to the last one, it is not required by zoning for this situation to have the 300 foot buffer(it is not a subdivision), however again the Commission can the Commission can impose conditions to meet public need imposed by the rezoning. Freerks stated this is exactly a situation where they would apply such a condition as a principle. Miklo clarified that the 300 feet is measured from the right-of-way of Highway 218. He stated that the applicant has submitted a new plan to address the concerns of the Commission. Previously the one building was 35 feet from the property line and approximately 190 feet from Highway 218 and the new plan shows that building 67 feet from the property line and about 230 feet from Highway 218. In moving the building back 30 feet they then were also able to provide a landscaping buffer on their property, not partially in the city right-of-way as previously shown. The City Forrester had voiced a concern regarding being responsible for maintaining trees in that location. Additionally moving the tree buffers 30 feet places them higher on the lot and better Planning and Zoning Commission March 1, 2018—Formal Meeting Page 2 of 10 Laureen [risen (1710 Prairie Du Chien Road) asked about the width of the Foster Road extension. Miklo answered theta would be 36 foot wide and would have two travel lanes with protected bike lanes in each direction and sidewalks on both sides of the street. Freerks closed the public discussion. Hensch made a motion to defer SUB18-00002 to the March 15 meeting. Signs seconded the motion. A vote was taken and the motion passed 7-0. REZONING ITEM REZ18-00003: Discussion of an application submitted by Hodge Construction for a rezoning of approximately 1.1 acres from Intensive Commercial (CI-1) zone to Riverfront Crossings – Central Crossings (RFC-CX) zone for property located at 225 &225 '/ E. Prentiss Street. Miklo said that the applicant has requested that this item be deferred to the March 15 meeting to allow time to revise the concept plan. Hensch made a motion to defer REZ18-00003 to the March 15 meeting. Signs seconded the motion. A vote was taken and the motion passed 7-0. REZONING ITEM REZ18-00002: Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development Overlay/High Density Single Family Residential (OPD/RS-12) to Low Density Multifamily Residential (RM-12) located at 1705 Prairie Du Chien Road. Walz began the staff report by showing an aerial of the area and a map showing zoning of the surrounding area. She discussed the current land use and zoning and discussed the proposed RM-12 zoning, which would allow a maximum of 30 units on this property based on lot area. The applicant has not submitted a concept plan for development and it is not known whether this density can be achieved. She mentioned the potential for sensitive areas on the property and indicated the applicant does not intend to develop areas with sensitive features. She noted that the property may contain sensitive areas—slopes and or groves of trees. She discussed the North District Plan, which states that with the development of Foster Road, new development could occur in this area and this property could be redeveloped as multi-family. She then reviewed recent amendments to the Comprehensive Plan to address resident displacement. While the policy does not technically apply to this property because it has fewer than 12 units, the applicant has taken a number of steps to communicate and gather input from the residents, including contacting residents in person, holding a meeting for residents, compiling a list of Planning and Zoning Commission March 1,2018—Formal Meeting Page 3 of 10 resources, offering no less than 120 days' notice for relocation, and working with the City and other sources to identify funds for relocation to assist residents. Staff recommends approval, subject to a condition that the applicant provides residents with 120 days of notice for relocation. Freerks asked whether there is a concept plan indicating what new development would be on this property. Walz indicated that this had not been submitted and applicant was still deciding how he would develop the property. This had been the topic of discussion at the Good Neighbor meeting where he gathered input from the neighbors. Martin asked whether there were notes from the neighborhood meeting. Walz said that she had attended the meeting for the neighborhood meeting for surrounding residents. Neighbors who attended had been generally supportive though they expressed concern for the residents of the trailer park. She noted that the applicant would be able to speak to the concerns heard at the meeting for residents of the property proposed for rezoning. Freerks asked what could be developed on the property under the current RS-12 zone. Walz responded that in terms of detached single-family homes, the development potential would be limited without encroaching into sensitive areas. Miklo noted that the RS-12 would allow for a small number of townhomes on lots of 3,000 square feet and duplexes on lots of 6,000 square feet. This would require an alley. Freerks opened the public hearing. Ross Nusser(applicant)spoke concerning relocation of the residents of the mobile home park and his frustration that not enough is done to ensure smooth transitions for the residents, some of whom have lived here for 30-40 years. Because of the extension of Foster Road, redevelopment of this property is likely and he is concerned that the residents could be forced to relocate with short notice if the property redevelops without a rezoning. He discussed his meetings with residents of the subject property and the surrounding neighborhood, including a good neighbor meeting. Commissioners asked for minutes from the meeting for trailer park residents, but Ross responded that none were taken. The commission asked for more information on whether they could require financial assistance for relocation of residents. Walz deferred to the City Attorney. Goers indicated that while the trailer park fell beneath the 12-unit threshold in the comprehensive plan,the spirit of the plan was to ensure that residents of affordable units such as this were accommodated fairly. So long as any assistance was in scale with the impact of the rezoning, it could be attached as a condition. Nusser noted that some of the residents were present. Commission asked him about more specific concept plans for the site. He responded that he was focused on the issue of relocation but agreed to prepare more detailed plans if deferred until the March 15'h meeting. Nancy Purington (1706 Prairie Du Chien Road) spoke about her concerns about the traffic on Prairie Du Chien Road. Her property is directly across from the subject property. She reported Planning and Zoning Commission March 1,2018—Formal Meeting Page 4 of 10 high speeds on Prairie Du Chien and difficulty turning into/out of her driveway. She is concerned that this may get worse when Foster Road is extended and if additional density is added on the subject property. She requested that a traffic study be conducted in this general area with information on traffic counts and speeds. She also expressed her preference that multi-family housing on the subject property not exceed 2-story because no buildings in the surrounding area are taller than 2 stories. Laureen ipsen (1710 Prairie Du Chien Road) also spoke about traffic concerns on Prairie Du Chien, especially with the extension of Foster Road. She asked about the possibility of multi- family housing on the redeveloped site having access from Foster Road. She asked if Foster Road will be a wider street than Prairie Du Chien; staff responded that it will be(2-lanes of traffic with buffered bike lanes). She was concerned about adding density in an area with traffic issues. Curt Vangerpen (Dubuque Street) is one of the owners of the mobile home park. He said that he had not intended to give residents short notice, however, the infrastructure at the trailer park was in need of major improvement. He discussed maintenance issues related to sanitary sewer and water lines which contribute to the need to redevelop the area. He noted that a year ago the City said that the extension of Foster Road was at least seven years away and he believed he would need to make substantial upgrades to water and sewer to keep the park going.When the recent decision came to build Foster Road he realized that it was an opportunity for him to avoid making these substantial repairs. He reported making repairs to the sewer lines in December, but states that these lines are very old and could stop working in the near future, which would displace residents with little notice. He expressed concern about this relocation, but stated that continuing to maintain the mobile home park is not feasible. He noted that there was no place in Iowa City that is more affordable to live than his trailer park, but the necessary improvements would require him to raise rent. Rick Stevenson (853 St. Anne's Drive) also noted the speed and volume of traffic on Prairie du Chien Road and requested any increased density have driveway access onto Foster Road. Mark Tade (1706 Prairie du Chien Road): He noted that he lives several hundred feet from the Interstate but the sound of traffic is quite intense. He said it was not possible to hold a conversation in his back yard during the summer. He said he thought it was important to preserve any trees in the area as they offer some buffer from the noise. Miklo noted that the Foster Road rezoning preserves a large number of wooded area and that the City's subdivision regulations require a 300-foot buffer from the Interstate for new residential structures. Nusser spoke again and expressed his desire to work with residents but his need for some direction from the Commission. He indicated that the rezoning would allow him to better determine what options he could provide to assist with relocation. Several commissioners expressed the need for more information from the developer, both in terms of the proposed development and a relocation plan. Planning and Zoning Commission March 1,2018—Formal Meeting Page 5 of 10 Dyer expressed a concern that the applicant had not presented a plan for relocation or a plan for how he would develop the property. She said it makes it difficult for the Commission to make a decision when there are so many unknowns. Signs indicated that they felt they could make a better recommendation in terms of relocation plan if they had some idea from the developer and the currents residents what the needs were and what the developer felt he could reasonably afford. Commissioners acknowledged that redevelopment was a matter of time and that everyone involved was trying to be fair. Freerks stated that there was a need to know how this new development would fit into the neighborhood and that usually such re-zonings were accompanied by a concept plan of some sort. She understood that the applicant had the best of intentions and was sensitive to the neighborhood but that the Commission had been disappointed by some developments in the past and this would be the first multi-family in this neighborhood so it was important to get it right. Nusser reiterated his willingness to come forward with a plan and requested to defer to March 15. He stated that there were two issues: the redevelopment of the property and the difficult circumstance of relocating the residents and that he wished to address both. Hensch moved to recommend approval of deferring REZ18-00002 until the March 15 meeting. Signs seconded the motion. A vote was taken and the motion passed 7-0. REZONING ITEM REZ17-00015: Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of approximately 7.84 acres from Interim Development Research Development Park(IDRP)to Low Density Multifamily (RM-12) located west of Camp Cardinal Boulevard and east of Deer Creek Road. Bochner stated this property is currently zoned Interim Development Research Development Park (IDRP)which is a designation given to undeveloped land when that land does not have the infrastructure necessary for development. At this time infrastructure is in place for this property so it is appropriate to rezone but the Interim Development-Research Park indicates that was a foreseen use. The proposed zoning for this lot is Low Density Multi-Family (RM-12) which allows for both high density single-family housing and low density multi-family housing to provide a diverse variety of housing options. Because of this mixture, attention to site and building design is important in this zone to ensure compatibility. The applicant has submitted a Sensitive Areas Site Plan that shows three multi-family building on this parcel which contain a total of 108 1- and 2-bedroom units (36 units per building). All three buildings will have access from a driveway off Deer Creek Road with parking provided under the building and in the surface lot located between buildings. Bochner showed images of the current state of the property and then the proposed sensitive areas site plan. The zoning ordinance indicates that multifamily buildings should be oriented with at least one facade facing a public or private street or an interior courtyard. As shown currently this proposal doesn't meet that standard but the applicant indicated they will apply for a minor modification due to sensitive features on the property and steep slopes on the Camp Cardinal Boulevard frontage. From: Mark Tade, Nancy Purington April 5, 2018 To: City of Iowa City, Planning and Zoning Committee We live at 1706 Prairie du Chien Road across the street from 1705 PdC where new zoning is being reviewed. On our long driveway there are two houses and I am writing to describe long term experiences and observations regarding existing traffic patterns at this location over a 40 year period. As I mentioned at the P&Z meeting March 1, drivers increase speed a few hundred yards before the 1-80 overpass as they leave town anticipating higher speed zones in the county. When we slow down to enter our driveway at 1706 Prairie du Chien Road, using turn signals well in advance, the cars behind us often pull up too close to the bumpers of our cars and also pull out to pass us on the left, which means they are in the wrong lane exactly at the 1705 driveway. This behavior increases greatly as spring and summer draws people to the river and lake. Our 1706 driveway is situated at the turning point of the angle of a curve in Prairie du Chien Road veering right and leading to the 1-80 overpass. Northbound cars behind us cannot see if cars are coming toward town, or southbound, due to the location of this curve. Cars arriving in town from the county via the overpass usually are going at least 35 mph as is the speed limit that rules most of PcD in the County, which further impedes the driver's assessment of time and space. The I-80 overpass bridge rises just high enough to interfere with one's sight of a car entering town from the opposite side of the bridge even if going 25 mph. The angle of this curve, its point of origin, the speeding up of anxious drivers, the passing of cars on a narrow street, incoming cars driving over the speed limit and the inability to see clearly very far ahead occurs simultaneously at this point.And it does not have to be rush hour for this to occur. Cars pass us as we enter our driveway from the South at 1706 with limited ability to assess incoming traffic at least once a day. With more traffic expected to enter/exit PdC from Foster Road, this event will occur with greater stress at his short span of road. If you triple the number of cars entering/exiting 1705 Prairie du Chien Road at the same time all of the above occurs, it presents a more hazardous situation. With the advent of Foster Road traffic patterns have been assessed using 'models'. There is no study or assessment based on current, real, existing traffic patterns at this location. Also, Prairie du Chien Road is narrow and not engineered for bikers. The connecting 1-80 overpass is not designed for biking or pedestrians. Most of the new traffic from 1705 PdC Road will primarily need to get onto Foster Road during rush hours to go to work, the University, 1-80 and downtown for the majority of their treks. Exiting from 1705 onto Prairie du Chien Road, turning north and in a few yards turning left onto Foster Road will back up traffic in a number of ways and create a dangerous cluster of events will form a cluster of anxiety from "all of the above". Changing zoning from RS12 to RM12 does not fit this location in form or function. We would like to see what can be developed on this property without a change in zoning and in keeping with the single family or duplex design which matches all that exists on Prairie du Chien Road. Thank you all for helping to improve the City of Iowa City and our neighborhood. 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''_ ,.c..._ - �` v\S-Verj-4`S`_?' }.- -�_ -1/4, . -.ft N.s., . \ . b a,. -,]G --- --s-_.z'i`1- .-.)‘,-- -.A�e^ ^n - .Oti--v- N:1 �\-- --&moi --- r T-� izo s --`s7-%-t-:.:14N, t-' --z.,_4;- ^ L'' `S'1r 1,.._.. macittk - - - l- r --- �• 1+1c'.0 �a-�s-.5 /• �. '.c-� !-• NSA.: — s ' --.--a-"k7 - . —- - r: sem---7 - s"mss o —------_ - .-.P:\ :4...L - - '''CCC T��� 44 l S' .,... `:.•: y 7. .' g , - --- --_.. __...q y - •� Lam. 4�• -�..`•v"T,» �'�-�. ` ,� '�� t jj„` - `�''{` -op* •ak • ,.4 •rte y - �j••_ -r 7.. --..y.:"..:".- -?"_..----6 1.4 .. - - -- li, . . r Sarah Walz From: Druid Wolfe <druidw2013@icloud.com> Sent Thursday, April 19, 2018 9:28 PM To: Sarah Walz; Kingsley Botchway Subject: Dear Iowa City City Council, Sarah Walz, and whomever it may concern... Dear Iowa City City Council,Sarah Walz, and whomever it may concern. My name is Druid Wolfe, I am an Iowa City resident of over 30 years now. I am a resident of 1705 Prairie du Chien Rd. My address has been lot 6 up until about this time last year. I now live in Lot 5. My first memory of Iowa City is moving into the DVIP shelter when I was starting elementary school. For that and many other reasons I would like to say I have a great appreciation for the people of this city for many reasons, especially giving my Mom,Sister and I a chance. I really do love so much about this city and the ever expanding surrounding atmosphere to this day,which is why I understand the changes you want to make to the plot of land I live on.Ok I guess I'll get to the point of my email. It has been recommended to me that I give City Council a little background on my personal experience in HAWKEYE Trailer Court and how the rezoning will affect me. To start I will say that I think the rezoning ideas are good and justifiable, I just wish I wasn't in the middle of it! I have lived here for about 12 years, in two different mobile homes, lot 6 and now lot 5. 1 got an opportunity to make payments towards a total of$2,500 towards lot 5 and have been living here for about 13 months now with a title. Lot 6 was just getting more and more troublesome so I bought the title to#5,which came along with along with a decent stackable washer/dryer, oven,fridge, etc. It was a good deal! It was owned by a few handy type guys before me. Literally the only thing that this trailer requires for upkeep on the inside is a 750-1000 dollar job on the bathroom floor, sink,tub,which still work but could use improvements This trailer is still very livable. I wish I knew what I now know about the underground pipes issue, otherwise I thought I had more time here. I am pretty content with the area I live in and the place I have to live in right now, as a single guy I don't need much. I don't want to get back to apartment hopping. I hated that.That is the whole reason an ex GF convinced me to move here, stability, and she knew people here. $175 a month lot rent doesn't hurt either. I will say this though.Our land owners seemed like they could give a SH$? LESS about this place after they acquired control from Pat& Pete.That was a few years ago. It's almost been like we were on our own as far as some things went. I have a cat that likes to go in and out as he pleases, he has his own little door cut in my front door. I love this location and I love Iowa City. I could've moved to San Diego, LA,or FT Lauderdale, FL and been with my Lil Sister, or my Mom,or my Big Bro,or my Lil Nieces. One thing I don't like about Iowa City is cost of living. I'd like to point out to City Council that I've never had rich parents that could pay$800 for me to have an aging one bedroom APT downtown,for example. By that I feel overall cost of living NEEDS IMPROVEMENT or you're not gonna attract the amount of people you think you are. That said, Ross Nusser offering $1000 to help me move,while helpful, isn't going to COMPENSATE for anything in relation to having to move into a ridiculously expensive apartment market. I don't have money for a house. My best options are moving my trailer(most likely to Cedar County, and I don't want to do that,West Branch isn't Iowa City),or Cedar Rapids, but I have a strong disliking for CR. Believe it or not, it costs more than$1000 to move a mobile home let alone get a different mobile home or move into an apartment in Iowa City. 1 I don't qualify for low income assistance, disability, etc. I'm a middle aged guy finally making OK money after working at the same place for 10 years. All I have is me. I fear with these obstacles in housing I have upcoming, I might not be able to make ends meet. This is the second time in my life I have asked government for a helping hand.The 1st time I asked for and was denied a furnace, while watching politicians tell me banks, auto industries,etc were "too big to fail",while I agree with that to a certain extent, isn't this country and its government built by and for"The People" I'm facing a crossroads in my life and I don't know what is going to happen in the next 9-12 months. I'm not asking for help,just reasonable compensation.Come check out my trailer sometime, I guarantee you the monetary value isn't$1000. Thanks for letting me express my thoughts to you all. Druid Wolfe. Sent from my iPhone 2 Sarah Walz From: Ross Nusser <rossnusser@urbanacres.com> Sent Thursday,April 19, 2018 1:21 PM To: Sarah Walz Cc: Lauren Stelter Subject: Fwd: Rezoning for 1705 prairie du chien rd. Please see below. Thanks, Ross Forwarded message From: Paula Lira<plira771@gmail.com> Date:Thu,Apr 19,2018 at 1:04 PM Subject: Re: Rezoning for 1705 prairie du chien rd. To: RossNusser@urbanacres.com On Sat,Apr 14, 2018,5:42 PM Paula Lira<plira771@Jgmail.com>wrote: Hi,my name is paulita lira owner of lot#4 on 1705 prairie du chien rd. I have bought my Mobile home April 2017 for $3500.00 it was not livable at the time I had to fix it.l spend $4500.00 total to replace floors,water pipes water heater, labor cost I have pictures of before and after I also got recieves that's not including the uhaul expenses I will attach th5e pictures at the end of the letter. May the 1st would be a year I paid $175. Lot rent. rent out here way more that n I'm having a hard time finding a place that accepts dogs I'm sorry but I can't not accept$1000.00 mr. Ross to relocate I have try to get ahold mr.ross and didn't get a call back until one day his secretary call me by accident I we should have meeting with mr. Ross to discuss our deed price cause I believe that's separate from the relocate fee he needs to contact with us.another thing if the the ground is dangerous why put new buildings for other families to be to in a danger zone with bad sewer systems mess up and among other things that's all I have I mind thank you for taking our time to read my concerns Fcci __-_Ross Nusser, REALTOR®,ABR, Broker Urban Acres Real Estate/319-331-5206 SIN Wplp fri o rxl o p 250 Holiday Road, Coralville, IA 52241 Licensed to sell real estate in the State of Iowa 1 Kellie Fruehling From: Tracy Hightshoe Sent: Thursday, May 03, 2018 8:08 AM To: Council; Nancy Purington Cc: Kellie Fruehling Subject: 1705 Prairie du Chien Road Attachments: 1705- Opposition to Rezone.pdf Dear Nancy and Mark, Thank you for submitting your concerns about the proposed rezoning. Staff and the Planning and Zoning Commission relied on the Comprehensive Plan, including the North District Plan,to guide their recommendation regarding the rezoning request for 1705 Prairie Du Chien Road. The Comprehensive Plan encourages a diversity of housing to help assure the households of different sizes, incomes and at different stages of their lives can find housing throughout the community. The North District Plan specifically identifies the property at 1705 Prairie Du Chien as appropriate for small apartment buildings. When the plan was drafted with considerable neighborhood input, it was recognized that the existing manufactured housing was in poor condition and that apartments in this area would help to maintain diversity in the neighborhood. To address concerns about neighborhood compatibility the Planning and Zoning Commission added a condition that any apartment buildings on the property be limited to two stories rather than three stories,which are allowed in all other residential zones, including the Low Density Single Family(RS-5)zone. Please contact me with any questions. Thanks,Tracy Tracy Hightshoe NDS Director I City of Iowa City • 44' 319-356-5244 IOWA CITY 410 E Washington St I Iowa City, IA Lt' www.icgov.orq RAGBRAI Iowa City 0 0 0 From: Nancy Purington Imailto:nancypurington@gmail.com] Sent:Wednesday,April 25,2018 6:00 PM To:Council<Council@iowa-city.org> Subject: 1705 Prairie du Chien Road Letter of opposition to rezoning RS12 to RM12 at 1705 Prairie du Chien Road 1 Nancy L. Purington Mark A. Tade 1706 Prairie du Chien Road IC IA 52245 April 25, 2018 TO: City of Iowa City, City Council RE: "NO" to Rezoning RS12 to RM12 at 1705 Prairie du Chien Road AND: THE ROAD TO RECREATION Every landowner and resident on Prairie du Chien Road opposes the rezoning of 1705 Prairie du Chien Road from RS12 to RM12. The P&Z board members behave as if the land owners and residents who are invested in the established neighborhood of Prairie du Chien Road have nothing to say of any consequence regarding this decision. It was treated as it their minds were made up before we got to the podium. In the years that I have been active in civic matters in IC, I have never seen this level coldness of manner performed by our citizen volunteers and paid commissioners. It was unexpected behavior given that most of us have lived here for decades and have valuable observations and concerns regarding change around our sensitive areas and traffic patterns. These sensitive, ecological areas should include sensitivities to the human culture, too. Are we so busy caring for our flora and fauna that we no longer think about the integral aspect of human beings in our existing neighborhoods? We are the good stewards of the sensitive areas around which this neighborhood thrives. Will the City of Iowa City do anything it can to put an apartment building on every corner? Throughout this process I have been told that placing multi-family units on every corner in the City is the goal of Neighborhood & Development Services. Is placing an apartment building on every corner lot a necessary practice to meet the goals of affordable housing? (Response please) How many new multi-family units will be built, or are in planning phases, over the next 18-24-30 months within City of Iowa City? I would like staff response. What will be the ratio of multi family units to individual homes in 36 months? (Staff response, please.) Every corner of Iowa City is becoming saturated with multi-family units. Downtown is brimming and continues to expand multi-family units. River Front and The Project are in the works. How many more multi-family units does the City think we need? The trend now is away from multi-family units and toward small houses/ duplexes/condos with small plots of personal green space for gardening. It is time to invest in this aspect of community development. Stop right now at the corner of Prairie du Chien Road and Foster Road where it meets the 1-80 overpass and let's take a good look and listen to the experience and observations of our long-time neighborhood citizens. Why would the Neighborhood & Development office and the members of Planning & Zoning rush to invade a developed neighborhood of small houses with personal green spaces just to increase density by six units? RS12 at 1705 PdC is zoned perfectly for this preferred new genre of small housing culture enthusiasts. It will be a splendid improvement in planned density. How many single family/condo/duplex units can a developer make with existing RS12 zone at 1705 PdC? (Response please.) How many multi-family units will be gleaned by changing the density? (Response please.) Why would a handful more multi-family units be worth it when we could have almost the same number of single family units with personal green spaces? There is an abundance of new, multi-family units in construction or planning phases at this time, which build upon the increased density created over the past ten years. Most of the residents of Iowa City do not feel that these buildings inspire or build community. Those units meet the need for housing the transient aspect of the Iowa City population. Prairie du Chien Road is an old, two lane road joining the county through a narrow overpass at 1-80 with no lane for bikes or pedestrians. Prairie du Chien Road is the ROAD TO RECREATION for the City of Iowa City. Devonian Fossil Gorge, the Coralville Reservoir, Wood Pecker Trail, Funcrest, boat marinas, the Iowa River, Lake Macbride Field Campus, Raptor Center, sailing clubs, beaches, boat rentals, canoes, kayaks, camping, bird-watching, archery, fishing and picnics can be enjoyed via the Prairie du Chien Road at the narrow, I-80 overpass. Cars, RVs, trucks, boats & trailers, motorcycles, bicycles, pedestrians and runners have a difficult time managing now. Prairie du Chien needs to match the specifications and quality of Foster Road just to meet its current, diverse load. Lands along new Foster Road are recently and expertly zoned RS12. Except for 1705 PdC, trailer park, old Prairie du Chien Road is zoned RS5. On February 13, 2018 Ross Nusser, Broker for Urban Acres Real Estate, contacted property owners with a Notice of Good Neighbor Meeting held February 21st. He presented discussion sheets with photographs of small homes, duplex/condo units and one photo of an apartment building. The neighbors supported small home condo/duplex units and rejected the multi- family concept. This is an established neighborhood of single family small homes and duplexes, the current, popular, desired, housing trend. During this discussion Mr. Nusser stated that these examples were not real. We said that we understood that they were ideas for the discussion. March 1 was the first P&Z meeting. Ross Nusser did not show the photographs that he showed neighbors and was more invested in the displacement of the current occupants. He was directed to bring something to the next P&Z meeting that the commission could see and discuss. Between this meeting and the April 5th meeting the City of Iowa City purchased the home next to 1705 on the north side, which will be the future "corner" of Foster Road and Prairie du Chien Road. April 5, Ross Nusser showed photographs of previously built, multi-family units from other locations. Citizens and neighbors objected unanimously and gave many factual details regarding those objections. P&Z members were dismissive of all citizen input and voted unanimously to change the zoning. We were shocked. Please come out and take a look at what resources exist on the grounds of this disputed area before looking at a map and thinking you are equipped to vote for change. Contact me and I will take you around. Prairie du Chien Road has sensitive areas on both sides. Please take a look at the whole picture before you destroy an established, neighborhood culture that is trending once again: small, single-family/condo/duplex dwellings with personal green space. Project Green will be proud. These are civic goals as well. Kellie Fruehling From: Nancy Purington <nancypurington@gmail.com> Sent: Wednesday, May 09, 2018 4:58 PM To: Council Subject: 1705 PdC Protest of Rezoning Letter for May 15 Attachments: 1705 Prairie du Chien Road Protest of Rezoning.pdf; Housing Statistics from City Staff.pdf; 3.Good Neighbor Image 2jpg;4. Good Neighbor Image 3jpg; 5. Good Neighbor Image 4jpg;8. Current Multi-family units imagesjpg 1 Mark A Tade Nancy Purington 1706 Prairie du Chien Road IC IA May 9, 2018 RE: Rezoning Protest for 1705 Prairie du Chien Road Dear Council Members and City Staff, We thank you for your patience and diligence in helping to bring about understanding and perspective regarding neighborhood changes at 1705 Prairie du Chien Road. We also thank the developer for creating a Good Neighbor Meeting where he shared images of housing concepts for this property and concerns for the relocation of the current occupants. His selections of high- quality architectural styles and materials indicate that his exposure to fine art and design are far above average. These aspects established confidence and excitement for future enhancement of North District area 5 interfacing with area 6 at Prairie du Chien Road, the new Foster Road and the I-80 overpass. The protest against rezoning at 1705 Prairie du Chien Road may not meet the 20% within 200' radius scheme, as absentee land-owners own much of the unoccupied, surrounding lands. MidAmerican Energy land landowner will not vote as it treats all of it's customers equally. But of all the of owner-occupied neighbors living within the 200' radius do protest rezoning from RS12 to RM12 to facilitate construction of multi-family units, as they do not think multi-family units have any affinity with the neighborhood culture on Prairie du Chien Road or with existing architecture. The 1.89 acres at 1705 PdC Road includes sensitive areas for residents to protect and enjoy. Acres of "sensitive areas" interface with backyards of most homes along Prairie du Chien Road, but are unseen by passers-by. These private green-spaces are an unknown commodity that enriches life on both sides of the road. Although it may appear to be a modest place to live, we long- term property owners understand its intrinsic value and cherish the experience of living on and in sight of acres of green space. Deer, turkey, fox, coyote, a passing mountain lion, falcons, hawks, flocks of songbirds and more occupy and enjoy this area, too, which makes it a challenge for gardening but we all enjoy the process and this type quality of life within the limits of Iowa City. The initial concept images and styles of single family/duplex/condo style homes introduced at the Good Neighbor Meeting indicated compatibility with existing, modest sized, single family/duplex styles, which are again in vogue. The independent housing units in the developers initial sketches showcase large windows to enjoy natural light from many sides and personal green space. In 2001 a desire to increase density in the City of Iowa City introduced "multi- family unit" housing options in many areas of neighborhood development and in the North District Plan future for the trailer park at 1705 Prairie du Chien Road. Between 2001 and 2018 the increase in construction of apartment buildings, aka multi-family units, has increased to the point where the ratio between single family homes and multi-family units/condos may be 1 to 1 within a couple years. Now is a good time to take a close look at the statistics, which I found via the City Assessor and Housing Inspection offices. (See Attached data pages and pages of housing structures shown to neighbors at Good Neighbor Meeting.) Adding the 1249 multi-family units and 272 single family units applied for within the Past two years we are at approximately: 15.433 single family homes to 14.411 multi-family units + 119 coop housing. The above math is by hand. Perhaps your staff can interpret this data. Does Iowa City really need a "multi-family" dwelling at this location twenty years later? Although many aspects of the well-considered North District Plan have been implemented successfully since they were conceived, we cannot accept that every idea we had twenty years ago is as relevant now as it was then. This may be one that is not as relevant here, now, as it was then. People across the nation are interested in small, single-family homes with personal green space and access to amenities such as bike and hiking trails. Foster Road is right around the corner now. 1705 Prairie du Chien Road is in a state of decay, for sale and in desperate need of restoration. Zoned RS12 this parcel of 1.89 acres is zoned to suit the current desires of our culture with green space (sensitive area) and modest-sized, single-family/duplex/condo style living. It can be developed to increase density as it is now. AT this time there is only RS zoning for hundreds of acres surrounding this property. Changing the zoning status from RS to RM does not increase the number housing units possible for this land by any great number. It simply changes the style of life in our single-family, single-story neighborhood to include a 2-story structure full of anonymous renters. We citizens in Iowa City see multi-family unit dwellings under construction all over Iowa City, Coralville, North Liberty, Tiffin, Solon and say to one another, "Who is going to live there?". Most likely none of us will ever know as the non- owner residents are transient. They hold no stake, nor are compelled to be accountable as do invested residents who are the people to create a cultural fabric of responsibility to one another and to this City. Our neighborhood is about to tip as developers have their eye on area 5 of the North District and are investing in these newly available urban acres. Ross Nusser's original ideas show examples of great promise for sculpting shapes that breathe new life into an arena full of natural green space and mature plantings all around. His selected single-family/duplex/condo units showing large windows are great options and directions for the future of 1705 Prairie du Chien Road. Development of our urban acres in Region 5 of the North District Plan is entering a brand new phase in the 21st c. Foster Road planning took decades to settle in terms of location and flow. We neighbors are prepared to welcome the positive changes it may bring to Prairie du Chien Road. Access to bike trails is a long awaited aspect as biking/pedestrian amenities along Prairie du Chien Road are not up to date. We are not prepared to invite the idea of multi-family units, aka apartment buildings as an addition to our way of life. For several decades the same neighbors, whom you are hearing from again, have been monitoring the safety and well being along Prairie du Chien Road and its narrow squeeze through the 1-80 overpass to the County. As property owners and the neighbors in this area we are grateful to have the opportunity to share our insights and knowledge with City staff, commissions and councilors as it pertains to increased traffic, housing density, green space sensitivities and other quality of life concerns. Sincerely, Mark Tade Nancy Purington PS: Please excuse typos. It is close to 5PM on the day of dealing to respond. Thank you. 9:22 am (1 day ago) Tim Hennes <Tim-Hennes@iowa-city.org> to me Hi Nancy, The 10 year average for dwelling units in Iowa City is as follows: Single family dwellings: 136 per year Duplex dwellings: 8 dwelling units per year Multifamily dwellings: 353 dwelling units per year Again, this is a 10 year average so there are years when we have more and years when there is less. For example in 2016 we had 896 dwelling units applied for and in 2017 we had 353. Let me know if you have additional questions. Tim Hennes Senior Building Inspector City of Iowa City 319-356-5122 Tim-hennes@iowa-city.org Stats from Mark at City Assessor Office, 05-04-2018, phone call. 2018 tax roll 15,161 single family homes 470 apartment buildings approx 5,640 119 coop housing 7,522 condo from Stan Laverman, Senior Housing Inspector, May 7. email: Approximates '12 multi-family units per existing apartment building' 12 x 470 = 5,640 Adding the 1249 multi-family units and 272 single family units applied for within the past two years we are at approximately: 15,433 single family homes to 14,411 multi-family units + 119 coop housing. The above math is by hand. Perhaps there is a better way your staff can interpret this data. See Rental Property Report below, from Stan Laverman. Printed on : 5/7/2010Rental Property Report City of Iowa City SWCWee Typo•MF 0.22,222 L'r=t 0002e,2 Tay: Tots'ProFertlee Total rental remits by IYY Cases unit. Bedrooerr tt.i,kr.c222 Typo*-Maley 075. 20 naury Lott 51 11 34 BB 1120 fP reeelmrt 23 10 21 Mph. 91! 02T 4.127 FC rally 2200 Fmclllty 25 22 an FP ren.r m2122 050 Group Caorcl11tY 7 30 32 261t2-Family1 035 13.201 23,037 HT . Typo.TyF -N:L1ty 100. 271 297 742 PH Putlle 117u.ln0 80 05 on Mr4.l43 Boue. Pp 767 214 61091..F11Y 1.810 5,410 SZ 81,m12-Family Lm Famlly tau-lot 21112 07 } P'+nutactur.d Naualogt 35 16 227 TP tranpl•ot 0,s.1n9 F 22 13 4,322 10.1240 32,740 Page : 2 ( :. '. 1,300 sf-3 BR(not Inciudlnq basement)(15'-O"x42'-0) • - - . 0;k x.. L«� p' _ :1 i I . /. • • 1 , I Li_____1.- ••• 1 iti-,...4 '..•• .•-......!..-....•_4 . Move 1 . e • .; .. 1 __ '.:11,, i . 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NEUMANN MONSON ARCHITECTS PRECEDENT IMAGES P002 PRAIRIE DU CHIEN DEVELOPMENT 00.000 0119/19 r ,l~'® r Y IOWA CITY MEMORANDUMgispasigr Date: May 23, 2018 To: CITY COUNCIL From: TRACY HIGHTSHOE, DIRECTOR NDS., l� ELEANOR DILKES, CITY ATTORNEY4.,A Re: RELOCATION ASSISTANCE-FEDERAL AND STATE REQUIREMENTS Introduction. This memo will set forth the state and federal requirements for relocation assistance and provide a history of City relocation projects. Uniform Relocation Assistance. The Uniform Relocation Assistance and Real Property Acquisitions Policy Act (URA) is the federal law requiring assistance to be paid to certain tenants and owners when federal funding is used in the involuntary acquisition or rehabilitation of property. It applies both to commercial and residential properties. With respect to residential properties, URA consists of three types of assistance: a) relocation services (e.g., helping a tenant find a new apartment); b) moving assistance (financial assistance to move furniture and personal belongings to a different unit); and c) replacement housing assistance (For tenants, financial assistance to help with the rent and utility costs of the replacement unit. For homeowners, financial assistance to help purchase a replacement home.). The federal law can be found at 42 U.S.C. §4601 et al. and the implementing regulations at 49 CFR Part 24. Additionally, Iowa law requires that relocation assistance be provided if property is condemned. Iowa Code §6B.42(1). Examples of City Projects Using URA Airport Land & Aviqation Easement Project-1998. The FAA required the City to acquire the Terrace Park Mobile Home Park located on S. Dane Road and a mobile home park owned by Detlef Schellin on S. Riverside Drive with a total of 57 mobile homes. The City paid to move a few homes and provided assistance to purchase replacement mobile homes for the remaining owner-occupied homes. The City also provided assistance to tenants. McCollister Blvd. Extension Project-2007. The City acquired a small section of Thatcher Mobile Home park (now Cole's Community Mobile Home Park) containing three owner occupied mobile homes and provided URA to the owners. The City paid to move and relocate two homes and purchased one replacement mobile home and provided all three owners moving assistance. Additionally, the City acquired land that included a cabin whose owner leased the land, and the City purchased a house in Iowa City for the cabin owner and provided moving assistance. Flood Buyouts-followinq 2008 flood. Because the City only purchased properties through voluntary acquisition, URA was not required to be provided to owners. Although most properties were owner occupied, the City provided URA to eligible tenants in rental properties. May 23, 2018 Page 2 Westside Levee Project-2012. The City acquired a small portion of land in Baculis Mobile Home Park (now Cole's Mobile Home Court) which contained one owner occupied mobile home. The City purchased a replacement mobile home for the owner and provided moving assistance. CDBG loans-2011 and 2016. The City provided assistance by means of CDBG loans to Wetherby Condos South LLC (Wetherby condominiums) in 2011 and Bilam Properties LLC (Walden Ridge apartments) in 2016 to rehabilitate these multi-family rental units. The owners, as recipients of CDBG loans, had to provide URA to eligible tenants impacted by the renovations. City staff monitored the program. No tenants were permanently displaced during the Walden Ridge apartment renovation and thus no financial assistance was provided. Relocation Assistance Not Required by URA Towncrest Mobile Home Park-1994. In 1994 the land on which the Towncrest Mobile Home Court sat at the corner of First Avenue and Muscatine Avenue (current location of First Avenue Hy-Vee) was rezoned from RFBH, Residential Factory Built Housing, to CC-2 Community Commercial. Council records indicate that there were 96 spaces at the Park, 66 of which were occupied. As part of the application for rezoning there was considerable discussion about the impact a rezoning would have on the residents and how to address their relocation. As part of the Conditional Zoning Agreement (Ordinance No. 94-3619)the Developer, First Muscatine Properties Inc. (Eagles which later sold out to Hy-Vee), agreed to pay $150,000 to the City for use in providing relocation assistance to the current tenants. Exhibit A to the CZA estimated the costs (and presumably the basis for the $150,00)as follows: EXHIBIT A—RELOCATION ASSISTANCE The applicant has agreed to provide relocation assistance to the current tenants of the Towncrest Mobile Home Court. This assistance shall be used for moving expenses and to secure alternative housing units. It will be administered by Community Development Division of the Iowa City Department of Planning and Community Development. Payments will be based on the following schedule: Tenants in rental units $1500 per household. Tenants who relocate owner occupied units $2500 per household. Tenants who own 12' wide or larger owner occupied units who do not relocate their units $4000 per household. Tenants who own 10' or 8' wide owner occupied units who do not relocate their units $3000 per household. The applicant shall receive title and salvage rights for all owner-occupied units which are not relocated if relocation assistance is paid to the owner of such units. The City also allocated HOME funds to support the relocation. Council records show the HOME allocation was $185,000 for Manufactured Housing Repair/Replacement ($150,000) and Relocation ($35,000). Because part of the HOME allocation was to provide relocation May 23, 2018 Page 3 assistance to residents of the Thatcher and Baculis mobile home parks who wished to move out of the floodplain (after the 1993 flood) it is not clear how much of the money went to the Towncrest residents and records have not been reviewed to determine whether additional allocations were made. One former City employee who was involved in administering the fund recalls that the City had a pot of$300,000 to work with in providing relocation assistance to the Towncrest residents. Rose Oaks-2016 • The City provided a $250 payment to each household that had a valid lease as of 2-27- 16. A check was mailed to the last address on record for that tenant. • The City coordinated some translation services by paying for translation fees. • The City allocated Shelter House $15,000 in additional HOME funds to assist tenants to secure and rent other units in Johnson County for up to 6 months (HOME funds paid a portion of rent for up to 6 months). Shelter House did not use the full allocation of $15,000. • The City assisted with some project coordination - placed the property manager in contact with local non-profits, including the United Way, that could assist with moving, helping locate other units, and so forth. Copy to: Geoff Fruin, City Manager Kellie Fruehling, City Clerk Sue Dulek, Ass't. City Attorney 1 ':�III vi CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Late Additions: Information submitted between distribution of packet on Thursday and close of business on Monday. Regular Agenda Item 10 Announcement of Vacancies Community Police Review Board — One vacancy to fill an unexpired term, Upon appointment — June 30, 2021. (Royceann Porter resigned) Correspondence included in Council packet. Late Handouts: Information submitted between distribution of packet on Thursday anti close of business on Monday. Planning & Zoning Items Item 4c Rezoning 1705 Prairie Du Chien Road — Ordinance conditionally rezoning approximately 1 .89 acres from Planned Development Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily (RM-12) zone for the property located at 1705 Prairie Du Chien Road. (REZ18-00002) (Second Consideration) Comment: At its April 5 meeting, by a vote of 6-0 (Dyer absent), the Planning and Zoning Commission recommended approval of this rezoning subject to conditions to address the need for housing relocation assistance for the current residents of the mobile home park; limits on building height and the number of 3- bedroom units, Design Review approval to ensure compatibility with the neighborhood; and a requirement for outdoor amenities to attract longer term• residents. Approval will allow for the development of multi-family dwellings on this property. Applicant requests expedited action. 4G Kellie Fruehling From: Bob Miklo Late Handouts Distributed Sent: Monday, July 02, 2018 2:31 PM To: Kellie Fruehling Subject: FW: Prairie du Chien 7/21/ (Date) From:Sarah Walz Sent: Monday,July 02, 2018 8:10 AM To: Bob Miklo<Bob-Miklo@iowa-city.org>; Danielle Sitzman<Danielle-Sitzman@iowa-city.org>;Geoff Fruin<Geoff- Fruin@iowa-city.org> Subject: FW: Prairie du Chien Please see the request from Ross Nusser requesting expedited consideration for the rezoning on Prairie du Chien Road. From: Ross Nusser[mailto:rossnusser@urbanacres.com] Sent: Friday,June 29, 2018 8:19 AM To:Sarah Walz<Sarah-Walz@iowa-city.org> Cc: Lauren Stelter<laurenstelter@urbanacres.com> Subject: Prairie du Chien Sarah, If possible, I would like to request expedited action on our rezoning request for Prairie du Chien, pending of course no new controversy. With council not meeting in June, we are going to have a difficult time meeting our completion timeline, seeing that we are going to be giving the residents nine months notice. Please let me know if this is possible. Thanks, Ross Ross Nusser, REALTOR®, ABR, Broker Urban Acres Real Estate/ 319-331-5206 250 Holiday Road, Coralville, IA 52241 Licensed to sell real estate in the State of Iowa 1 t? • Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 ORDINANCE NO. Ordinance amending Title 17, entitled "Building and Housing," Section 5, entitled "Housing Code," to add the requirements for deadbolt locks and duplex separation requirements to Section 19, entitled "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises." Whereas, in Ordinance No. 17-4734, City Council established a rental permit cap and strengthened the minimum requirements for rental housing; Whereas, two changes that strengthened the minimum requirements were requiring a permanent separation of duplex units and deadbolts in all dwelling units; Whereas, these two changes were added to Section 18 of the Housing Code, the minimum structure standards for all rental housing, but should have been added to Section 19 of the Housing Code, the responsibilities of owners relating to the maintenance and occupancy of units; Whereas, it was an oversight not to include these two changes in Section 19; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 19, entitled, "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises," is amended by adding the following new Subsections Z and AA: Z. The two (2) dwelling units of a duplex must be physically and permanently separated, and the separation must be continually maintained. By way of illustration, a duplex shall not have a door that opens from one duplex unit directly into the other duplex unit. AA. Every dwelling unit and rooming unit shall have a deadbolt lock that can be operated from inside and locked from the outside. "Deadbolt" means a locking mechanism where the bolt cannot be moved to an open position except by rotating the locked cylinder. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2018. Mayor Attest: APP 4 City Clerk City Attorney's Office 1 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 07/03/2018 Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published I ' CITY OF IOWAtelt CIT o -03-18 -^ ' COUNCIL ACTION REPOki= July 3, 2018 Ordinance amending Title 17, entitled "Building and Housing," Section 5, entitled "Housing Code," to add the requirements for deadbolt locks and duplex separation requirements to Section 19, entitled "Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises." Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Stan Laverman, City Housing Inspector Tracy Hightshoe, Director NDS Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: Council adopted major changes to the housing code last fall to address occupancy issues in rental properties, including provisions requiring deadbolt locks in all dwelling units and permanent separation of the two dwelling units within a duplex. These requirements were added to Section 18 of the Housing Code and they should also have been added to Section 19. Background /Analysis: This ordinance corrects an oversight in Ordinance No. 17-4734 that established a rental permit cap and strengthened the minimum requirements for rental housing. Two changes that strengthened the minimum requirements of rental housing were requiring a permanent separation of duplex units and deadbolts in all dwelling units. These two changes were added to Section 18 of the Housing Code, the minimum structure standards for all rental housing, and should also have been added to Section 19 of the Housing Code, the responsibilities of owners relating to the maintenance and occupancy of residential units. This ordinance adds the provisions found in Section 17-5-18, subsections 0 (permanent separation of duplex units) and P (deadbolt locks), verbatim to Section 17-5-19. Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington Street, Iowa City, IA 52240; 319- 356-5041 ORDINANCE NO. Ordinance to Adopt the Code of Ordinances of the City of Iowa City,Iowa, 2018, AKA "City Code." Whereas, Section 380.8 of the Code of Iowa, 2018, requires that at least once every five years a city shall adopt a code of ordinances; and, Whereas, on February 21st, 2012 the City Council adopted the City Code of Iowa City, Iowa; and, Whereas, the City of Iowa City adds new ordinances and amendments upon passage by supplementation to the City Code itself; and, Whereas, if a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public hearing; and, Whereas, it is now appropriate to adopt a code of compiled and existing ordinances under the statute, without any substantive changes proposed. Now, Therefore, Be It Ordained by the City Council of the City of Iowa City, Iowa: Section I. From and after the date of passage of this Ordinance, the City Code of the City of Iowa City, Iowa, prepared by Sterling Codifiers, Inc., containing compilation of all ordinances of a general nature together with the changes made to said ordinances, under the direction of the governing body of the City, shall be accepted in all courts without question as the Official Code and Law of the City as enacted by the City Council, and shall hereafter be referred to as 'The City Code ". Section II. It is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplement service, provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature amending, altering, adding or deleting provisions of the official City Code is identified by the proper catchline and is inserted in the proper place in each of the official copies, a copy of which shall be maintained in the office of the City Clerk, certified as to correctness and available for inspection at any and all times that said office is regularly open. Section III. It shall be unlawful for any person, firm or corporation to change or amend, by additions or deletions, any part or portion of the City Code, or to insert or delete pages or portions thereof, or to alter or tamper with the City Code in any manner to cause the law of the City to be misrepresented. Ordinance No. Page 2 Section IV. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed. Section V. A code of ordinances, containing only the current and existing ordinances edited and compiled without change in substance, shall be and hereby is adopted as the City Code, 2018. Passed and approved this day of , 2018. Mayor 67roved Attest: �� Co' / q — /9 City Clerk City Attorney's Office It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Cole Mims Salih Taylor Thomas Throgmorton First Consideration 07/03/2018 Vote for passage:AYES: Throgmorton, Botchway, Cole, Mims, Taylor, Thomas. NAYS: None. ABSENT: Salih Second Consideration Vote for passage: Date published r 1 CITY OF IOWArib r � COUNCIL ACTION REPOF 0 ilebt 7-03-18 4:- July 3, 2018 Ordinance to Adopt the Code of Ordinances of the City of Iowa City, Iowa, 2018, AKA "City Code." Prepared By: Kellie Fruehling, City Clerk Reviewed By: Eleanor Dikes, City Attorney Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: Code of Iowa, requires that at least once every five years a city shall adopt a code of ordinances. Background/Analysis: February 21st, 2012 the City Council adopted the City Code of Iowa City, Iowa. The City adds new ordinances and amendments upon passage by supplementation to the City Code itself and a proposed code of ordinances contains only existing ordinances which have been edited and compiled without substantive changes, the council may adopt such code without notice of public hearing. It is now appropriate to adopt a code of compiled and existingordinances under the statute, without any substantive changes proposed.