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HomeMy WebLinkAbout2019-03-12 OrdinanceTo: Planning and Zoning Commission Item; 'REZ18-00013 f SUB18-00006 Forest View GENERAL INFORMATION: STAFF REPORT From: Anne Russett, Senior Planner Date: February 7, 2019 Late Handouts Distributed Applicant: North Dubuque LLC (Date) 130 East 31d Street Suite 400 Des Moines, IA 50309 Forest View Tenants Association 1205 Laura Drive Lot #63 Iowa City, IA ana l izbeth@g mail . com Contact: .Jimmy Becker jimmy(a1blackbirdinvest.com Property Owners: North Dubuque LLC Requested Action: Rezoning from Interim Development Single -Family Residential (ID -RS), Low Density Single -Family Residential (RS -5), Law Density Multi -Family Residential (RM -12), and High Density Single - Family Residential with a Planned Development Overlay (OPDIRS-12) to OPD/RS-12 for 45.58 acres and Highway Commercial with a Planned Development Overlay (OPDICH-1) for 23.83 acres; Sensitive Areas Development Plan; and Preliminary Plat Purpose: To allow for development of a mix of commercial uses, mainly along N. Dubuque Street and Interstate 80 (1- 80) and a mix of single-family and multi -family residential development south and west of the proposed Forest View Drive, including relocation of the Forest View Motile Home Park. Location: South of 1-80 west of North Dubuque Street and North of Foster Road. Location Map: Size: 0 Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 73.15 acres Predominately undeveloped except for five single- family homes and the Forest View Mobile Home Park community; ID -RS, RM -12, OPD/RS-12, RS -5 North: Interstate 80 South: Residential, OPD/RS-5, RS -5, RM -20, RS - 12, RM -12, OPD -5. East: Residential, RS -12 West: Residential, OPD/RS-5 North District Plan - Low to Medium Mixed Residential and Multi -Family (8-13 dwelling units per acre) and Highway/Neighborhood Commercial. Foster Road March 20, 2018 Applicant requested a waiver of the 45 -day limitation period. The applicants, North Dubuque LLC and Forest View Tenants Association, have requested a rezoning from ID -RS, OPD/RS-12, and RM -12 to OPD/RS-12 for 45.58 acres and from ID -RS, OPD/RS-12, and RS -5 to OPD/CH-1 for 23.83 acres. The proposed rezoning is located south of I- 80, west of N. Dubuque Street, and north of Foster Road. The applicant is applying for a Planned Development Overlay with a Sensitive Areas Development Plan to allow residential density to be clustered to minimize disturbance of sensitive features [Attachment 3]. The applicants also submitted an application for a Preliminary Plat [Attachment 4]. In August, 2017, the City Council adopted an amendment to the North District Plan to modify the "future land use map", adding certain housing, transportation, and design goals [Attachment 5]. The amendment recognized the need to achieve a second means of access to the Peninsula area due to the flood potential along a portion of Foster Road. The future land use map identified opportunities for certain types of commercial development along the Interstate 80 frontage and 3 North Dubuque Street while preserving the natural aesthetic of this important community entrance. It also identified areas for multi -family residential to the western portion of the site and mixed -residential in between the multi -family and commercial areas. Based on changes to the proposed project since the adoption of the comprehensive plan amendment, staff requested that the applicant submit another application for a comprehensive plan amendment to clarify more recent changes to the proposed project. Specifically, the change in the location of the multi -family residential and the single-family manufactured housing community. On June 21, 2018, the Planning & Zoning Commission deferred this application indefinitely until additional details were worked out. Since that time, staff has worked with the applicant to address several issues. SUMMARY OF PROJECT: Current Context: Existing land uses include the Forest View Mobile Home Park, which is located just south of 1-80 toward the center of the project site. The Forest View Mobile Home Park contains 155 lots for mobile homes (approximately 103 homes are occupied, 44 homes are vacant and 8 lots are vacant). East of the mobile home community are three existing single-family residences. There are also two existing single-family residences located in the southwest portion of the project site. The vast majority of the project site is undeveloped. Many of the undeveloped areas contain sensitive features, including wetlands, steep slopes, and woodlands. Residential Land Uses: The plan proposes that all residential uses be located south of Forest View Drive and west of the current Haywood Apartment complex. All residential uses will be located at least 300 feet from 1-80. The project includes a 57 -unit single-family, manufactured housing community to be located on the western edge of the project site adjacent to Mackinaw Village. Unlike the current Forest View Mobile Home Park, which consists of mobile homes, the proposed community will consist of single-family homes on permanent, fixed foundations. The applicant has collaboratively worked with the residents of the Forest View Mobile Home Park to develop a comprehensive relocation plan [Attachment 6]. The plan also includes several multi- family buildings south of Forest View Drive totaling 473 dwelling units, 190 of which are for senior housing. Commercial Land Uses: Lots proposed for commercial zoning are located along the interstate and N. Dubuque Street, with a small cluster of three commercial lots located along the south side of Forest View Drive, directly north of the Haywood Apartments. Specific uses for the project have not been identified, but the applicants anticipate a gas station and convenience store along with several fast-food drive-through uses off of N. Dubuque Street. South of the interstate and north of Forest View Drive, the applicants anticipate hotel and office space. For a summary of all land uses, and proposed lots, please see Attachment 7. Sensitive Areas: The site includes several environmentally sensitive features. The table below outlines the existing sensitive features and the amount impacted by the proposed project. Sensitive Feature Total Existing Total Impacted Protected slopes 1.88 acres 0.00 Critical slopes 2.98 acres 1.31 acres 44% Wetlands 0.98 acres 0.35 acres 36% Woodlands 36.48 acres 19.54 acres 54% The development proposes to not impact 46.44% of the woodlands. The non -impacted woodlands CI includes preserved woodlands, wooded buffers, and remnant woodlands. The wooded buffers and remnant woodlands cannot be counted toward the woodland preservation total due to the proximity of construction activity. Therefore, 12.38 acres (33.9%) of the woodlands are considered preserved woodlands. The project preserves the largest concentration of woodlands (8.52 acres) at the center of the development. The applicant also proposes to maintain a 40 -foot wooded area between the development and the N. Dubuque Street right-of-way. A wetland located in the ravine east of Laura Drive is proposed to be filled in order to allow development of Lots 1-4 and a portion of Forest View Drive. Transportation: The project will result in the development of Forest View Drive, a public street that provides a secondary access to the Peninsula neighborhood and Mackinaw Village. The existing roadway to these communities, Foster Road, is susceptible to flooding. The addition of Forest View Drive will provide an emergency access route. Other improvements include a 10 -foot trail along N. Dubuque Street between the intersection of N. Dubuque Street and the 1-80 off - ramp, which will provide a connection to the Iowa River Trail. Housing: The project site is home to the Forest View Mobile Home Park. Through the proposed project the applicant proposes to relocate the existing residents into either a new manufactured housing unit, another housing unit within the proposed project, or another housing unit outside of the project area. Staff is requesting that as a condition of the rezoning the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation. Through this agreement, the applicant will be required find new homes for existing tenants prior to the demolition of the existing housing. Storm Water Management: The project proposes a number of storm water management facilities, including detention basins, on-site underground storm water management facilities, and storm water management best management practices. Based on the City's review of the proposed storm water management study, the proposed storm water management system will be able to accommodate storm water at full build out. Additional details regarding storm water management are required at the final plat stage and will be reviewed and approved by the City's Public Works staff. Due concerns from residents of the Idyllwild community, the applicant has made efforts to coordinate with these neighbors regarding plans for managing storm water. Good Neighborhood Meeting: The applicant has indicated that they have used the "Good Neighbor Policy" and conducted a number of neighborhood meetings prior to submission of this application in March. The applicant has worked closely with the Forest View Tenants Association, which is a co -applicant. The applicant has submitted a summary of the outreach completed to date [Attachment 8]. Role of the Commission: The Commission's role in this application is to review and make recommendations to the City Council regarding the following: 1. The proposed rezoning to OPD/RS-12 and OPD/CH-1. The Commission is tasked with reviewing the proposed rezoning against the criteria for Planned Development Overlays, which are outlined in the section titled "General Planned Development Review Criteria". 2. The Sensitive Areas Development Plan. As with the rezoning, the Commission is tasked with reviewing the SADP against the criteria for Planned Development Overlays, which are outlined in the section titled "General Planned Development Review Criteria". 3. The preliminary plat. In its review of the preliminary plat the Commission is tasked with ensuring that the plat complies with the City's subdivision regulations. ANALYSIS: Current zoning: The area along N. Dubuque Street is currently zoned Low Density Single - Family (RS -5). The existing Forest View Mobile Home Park is zoned Medium Density Single- 5 Family with a Planned Development Overlay (OPD/RS-12). The remaining area to the west is zoned Interim Development Single -Family Residential (ID -RS). The purpose of the Interim Development zone is to provide for areas of managed growth and non -urban uses of land may continue until such time as the City is able to provide services and urban development can occur. Upon provision of City services, the City or the property owner may initiate the rezoning process Proposed zoning: The applicant has requested a rezoning to High Density Single -Family Residential (RS -12) zone and Highway Commercial (CH -1) zone with a planned development overlay [Attachment 9]. The RS -12 zone is intended to provide for development of single-family dwellings, duplexes and attached housing units at a higher density than in other single-family zones. The applicant is proposing a hybrid commercial zone with the CH -1 as a base zone and allowing some of the uses permitted in the Neighborhood Commercial (CN -1) zone in areas south of Forest View Drive. In addition, some of the CN -1 development standards will also be required. Please see Attachment 10, the draft conditional zoning agreement, for additional information. Staff supports the proposed hybrid commercial zoning for the following reasons: • It addresses the opportunities of the location adjacent to 1-80 by providing hotel, gas, and larger office uses. • It serves the surrounding residential neighborhood by providing a commercial node that offers basic services designed to be accessible and compatible with nearby residential uses (i.e. retail and personal services). • It provides the opportunity for commercial uses along N. Dubuque Street without detracting from the natural aesthetic of this important community entryway. • The economically viable commercial zoning helps facilitate the construction of critical flood mitigation roadway infrastructure that will provide much-needed secondary access to thousands of existing residents, improve access for public safety personnel, and allow for the City to properly protect and maintain utility infrastructure that could otherwise be inaccessible in major flood events. The CH -1 zone is intended to allow larger scale commercial uses, such as offices and hotels, south of 1-80. The purpose of the CH -1 zone is to allow development along expressways or arterial roadways to provide food, lodging, motor vehicle service and fuel convenient to the thoroughfare user. The CN -1 zone is intended to allow smaller -scale, pedestrian friendly commercial uses that are conveniently located to residential neighborhoods. In approving the amendment to the North District Plan, the Council made clear that it did not wish to encourage retail strip or big box retail that would compete with existing commercial areas located more centrally within the community. The CH -1 zone restricts sales -oriented retail uses to convenient stores with gas stations; however, the CN -1 zone allows most retail uses but limits the scale of development and includes design standards that emphasize a pedestrian orientation. Table 1 compares uses permitted in the CH -1 and CN -1 zones. TABLE 1. Comparison of CN -1 and CH -1 Uses Uses Neighborhood Animal Related Commercial All activities must be conducted NO Uses — General (e.g. indoors within a soundproof veterinary clinics, grooming) building Eating Establishments Occupancy limit of 100 (125 by YES Special Exception) Drinking Establishments Occupancy limit of 100 (125 by YES Special Exception) Office Uses - Medical and 5,000 sq. ft. maximum gross YES General floor area (2,400 maximum on first floor) Personal Service Oriented 2,400 sq. ft. maximum gross Not within 100 feet of a (e.g. banks, salons, dry floor area (5,000 by Special residential zone cleaning) Exception) Alcohol Sales Oriented 2,400 sq. ft. maximum gross Limited to convenience stores Retail floor area (5,000 by Special associated with quick vehicle Exception) servicing uses Hospitality Oriented Retail Limited to "guesthouses" (9 YES (e.g. hotels) bedrooms max) Daycare Standards based on number of Standards based on number of children children Commercial Recreational Indoor only - 5,000 sq. ft. Permitted (indoor and outdoor) maximum gross floor area Specialized Education (e.g. 2,400 sq. ft. maximum gross NO dance studios, music schools, floor area etc.) Sales Oriented (e.g. stores, 2,400 sq. ft. maximum gross Limited to convenience stores shops, etc.) floor area (5,000 by Special associated with quick vehicle Exception). Drugstores / servicing uses hardware stores up to 15,000 sq. ft. Groceries up to 30,000 or 40,000 sq. ft. if additional 10,000 sq. ft. is allocated to non-food items Quick Vehicle Service By Special Exception Not within 1 00'of any residential zone boundary Vehicle Repair NO Not within 1 00'of any residential zone boundary, additional site design standards Community Service By Special Exception NO Surface Passenger Service NO YES (e.g. passenger rail depots, taxi dispatch facilities) rA Additional Information on Proposed Commercial Rezoning: Commercial Lots 5, 6, 7, and 8 Development on Lots 5, 6, 7, and 9 will be subject to the CH -1 zoning regulations. However, given the proximity of these building to the proposed residential development, staff recommends that as a condition of the rezoning development on these lots be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. Due to the scale of the buildings, staff is also recommending as a condition of the rezoning that buildings are setback a minimum of 15 feet from Forest View Drive (as opposed to the minimum setback of 10 feet in the CH -1 zone). Additional standards related to building materials, signage, and lighting will be outlined in the conditional zoning agreement. Commercial retail uses are not permitted on Lots 5, 6, 7, and 8. Commercial Lots 9, 10, and 11 Staff is recommending that as a condition of the rezoning development on lots 9, 10, and 11 be subject to the CN -1 zoning regulations. These lots are intended to serve neighborhood residents, and therefore, the CN -1 uses and standards are more appropriate since size and scale are limited. All uses in the CN -1 zone are either provisional uses, which means there are additional criteria that need to be met for these uses, or permitted through the special exception process. These permitting requirements and additional review criteria apply to Lot 9, 10, and 11. These criteria are generally outlined in Table 1. The CN -1 standards address the following: • Building placement requirements that ensure the majority of the building fronts the street. • Restrictions on the placement of parking, loading, drives, and aisles to create an area that is easy to walk in. • Drive-through facilities are limited to banks and pharmacies. • Sidewalk connectivity, safe and easy pedestrian access. • Screening of mechanical structures. • Standards related to street -level windows to ensure a high degree of transparency. • Limitations on building length and articulation requirements for buildings that are greater than 50 - feet in width. • Standards related to building entrances to ensure they are easily distinguished (e.g. canopies, recesses) Commercial Lots 1, 2, 3, and 4 Staff is recommending that as a condition of the rezoning Lots 1-4 be subject to the CN -1 zoning regulations with a few exceptions. The proposed site layout as shown on the plans do not meet all CN -1 regulations, including build -to line standards; location of parking, loading, drives, and aisles; and drive- throughs. The development on these lots may be built as shown on the plans noting these exceptions. Additionally, the applicant is proposing a gas station and convenience store on Lot 1. Gas stations require a special exception in the CN -1 zone, which would require review and approval by the Board of Adjustment. Planned Development Overlay: In addition to allowing a hybrid of uses, the planned development overlay (OPD) zone is necessary for the following reasons: • To allow the disturbance of environmentally sensitive areas. • To allow the development of a manufactured housing community. • To allow density that might otherwise be achieved through conventional development to be clustered so as to avoid or minimize disturbance to sensitive features. The applicant is proposing to cluster residential density into seven multi -family buildings to be located on four lots. • To allow waivers of certain use regulations. The planned development overlay (OPD) zone permits flexibility in the use and design of structures and E land in situations where conventional development may be inappropriate and where modifications to requirements of the underlying zone will not be contrary to the intent and purpose of the zoning code, inconsistent with the comprehensive plan, as amended, or harmful to the surrounding neighborhood. The OPD zone is intended to: • Provide flexibility in the design, placement and clustering of buildings; mixture of land uses; use of open space; traffic circulation and parking; and related site and design considerations; • Encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; • Promote efficient land use with smaller utility and street networks while maintaining pedestrian oriented street frontages; • Encourage and preserve opportunities for energy efficient development; • Promote an attractive and safe living environment compatible with surrounding residential developments; • Provide an alternative method for redeveloping older residential areas; and • Encourage infill development. Requested Waivers: The OPD process also allows applicants to request waivers from zoning regulations. The applicant has requested the waivers related to building height, public right-of-way width, lot dimensions for the single-family community, and private open space [Attachment11]: Building Height: The applicant is proposing modifications related to maximum building height. The maximum height in RS -12 is 35 feet and the plan shows buildings on Lots 12, 13, 14, and 15 that exceed that requirement. Specifically, Lots 12 and 13 propose 4 -story buildings, and Lot 14 proposes one 4 -story and one 5 -story building. The applicant has proposed a setback of at least 70 -feet on Lot 15 for the proposed 5 -story (above -grade) building. In addition, the applicant states that the buildings were designed with a smaller footprint and increased height in an effort to minimize impact to the surrounding sensitive areas. This proposed modification is reviewed against the criteria outlined in Standards for Modified Developments (14 -3A -4K): The maximum building height may be modified provided the design of the development results in sufficient light and air circulation for each building and adequate, accessible open space for all residents of the development. When the underlying base zone is single-family residential, at least 35% of the net land area in a planned development shall remain free of buildings, parking and vehicular maneuvering areas. This criterion is met since the percentage of net land area not developed in the proposed single-family residential zoned portion of the project is 44%. Public Right -of -Way: The applicant has proposed that the public right-of-way for Cole Drive and Flint Drive be 50 feet. The standard is 60 feet. Cole Drive is a small section of roadway through the manufactured housing community, which will not be extended in the future. Flint Drive is tying into the existing street, which is already 50 feet in width. This proposed modification is reviewed against the criteria outlined in Standards for Modified Developments (14 -3A -4K): • Reductions to the required street right-of-way width may occur when the planned development is able to provide sufficient area within the right-of-way for required street trees and public and private utilities, which is the case for both Cole Drive and Flint Drive. The proposed reduction will not impact safety and still provides enough space for the needed utilities, as well as one side of on - street parking. Lot Dimensions & Size: The applicant is also proposing a modification to the size of the lots for the single-family manufactured housing community. The RS -12 zone has a minimum lot size requirement of 5,000 square feet. Several lots within the proposed development are less than 5,000 square feet, but none are less than 4,000 square feet. In addition, several lots do not meet the minimum lot width of 45 feet or the minimum frontage requirement of 40 feet. The plans show that with widths and 9 frontages around 36 feet. These modifications are reviewed against special provisions criteria (14- 2A -7A). • For Lots 16-48 and Lots 58-73 the proposed manufactured housing community meets the criteria for a lot size, lot width, and lot frontage reduction since vehicular access to garages and off- street parking spaces are restricted to private rear alley. Open Space: Lastly, the applicant is requesting a waiver from the City's recently adopted open space regulations. Since the zoning code does not outline specific review criteria for modifications to open space standards, staff has reviewed this request against the criteria for requested exceptions (14-3A-7). The City adopted new open space regulations in 2018. The regulations require that single-family homes have at least 500 square feet of usable open space located behind the dwelling unit. The proposed single-family, manufactured housing community does not meet this requirement due to the small size of the lots and the fact that many of the homes have alley access with backyards taken up by the required parking. Open space on the 57 lots would total 0.65 acres of private open space. The applicant has proposed providing a communal open space area of 1.65 acres for the single-family community. A playground and other outdoor amenities, such as benches and shade trees, are proposed for this location. The criteria for review are as follows: o The modification will be in harmony with the purpose and intent of this title and the city comprehensive plan. ■ Although the open space will not be provided on individual lease lots, the applicant will provide private open space for the manufactured housing community. Staff finds the proposal to be in line with the intent of the private open space provisions, which is to ensure every new development has easy access to open space. o The modification will generally enhance the proposed planned development and will not have an adverse impact on its physical, visual or spatial characteristics. ■ By providing the open space off-site approximately 1 more acres of open space will be provided for the community than small, private backyard spaces. The open space area will be an enhancement to the development. o The modification shall not result in a configuration of lots or a street system that is impractical or detracts from the appearance of the proposed development. ■ The modification will not impact lot configuration or the street system. o The modification will not result in danger to public health, safety or welfare by preventing access for emergency vehicles, by inhibiting the provision of public services, by depriving adjoining properties of adequate light and air, or by violating the purposes and intent of this title or the city's comprehensive plan. ■ The modification is an enhancement to the development that will not impact public health, safety, or welfare. Based on staff's analysis, the review criteria for the proposed modifications related to building height, public right-of-way width, lot dimensions and size, and open space have been met. Finally, although not technically a proposed waiver from zoning regulations, the applicant has not provided elevations of the proposed buildings. Elevations are typically provided as part of the OPD process. Instead of providing detailed elevations, the applicant has provided design guidelines [Attachment 12]. The applicant has expressed that it is difficult to provide elevations at this time since it is unknown which lots will be developed by the development team and which lots will be sold. Furthermore, the buildout of this project will take several years. Therefore, staff recommends that as a condition of the rezoning detailed design guidelines that address signage (including a master sign plan), building materials, and lighting be incorporated into the conditional zoning agreement. The applicant has also provided perspectives of N. Dubuque Street to illustrate the impact of the development along that corridor [Attachment 13] 10 General Planned Development Approval Criteria Application for Planned Development (OPD) re -zonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Code. 1. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation, and general layout. a. Density: The overall proposed density for the 43.85 net land area proposed is 13 units per acre, which is the maximum density allowed in the proposed zone district. The residential zone is broken down into three distinct areas: i. Three single-family lots (Lots 74, 75, and 76) range in size from 0.74 acres to 2.21 acres and have frontage from a cul -se -sac east of Algonquin Road. Lots 75 and 76 have existing single-family homes. Lot 74 will allow the development of a third single-family home comparable to those on Lots 75 and 76. ii. Lots 16-73 will comprise the manufactured housing community, which has a density of approximately 8 units per acre. This density and housing type provide a transition from the low-density single-family neighborhood to the west and the proposed higher density multi- family to the east. iii. Lots 12-15 are proposed for multi -family housing. All four lots are located south of Forest View Drive and include seven buildings. A total of 473 units are proposed on these four lots, which is around 33 units per acre. b. Land uses proposed, general layout, and mass and scale: The project proposes to transition from lower intensity single-family uses at the western edge of the project site to multi -family in the center of the project site to commercial along 1-80 and N. Dubuque Street. The lowest intensity land uses, the manufactured housing community, is located adjacent to the existing single-family neighborhood. East of the manufactured housing community and south of Forest View Drive, the applicant is proposing multi -family housing, which will transition into commercial development. The summary below outlines the proposed development from west to east, as it is shown on the Sensitive Areas Development Plan (plan): MAP 1. Forest View Land Use Summary — Single -Family Uses 11 Single -Family: Lots 16-73: Fifty-seven manufactured housing units are being proposed as replacement for the current Forest View residents. Outlots E and F provide a buffer between the proposed single- family community and 1-80. Access to these lots is via an extension of Algonquin Drive and the proposed Forest View Drive. All lots, with the exception of the western most lots (Lots 49-57) are accessed from the rear via private alleys. Five-foot sidewalks on both sides of the street are proposed throughout the community. Outlot D will provide storm water management in the form of a dry basin and serve as a private open space area for the single-family, manufactured housing community. Lots 74-75: Two of these three larger lots contain existing homes. An additional home could be built on Lot 74. Access to these lots is provided east of Algonquin Road via Cole Court. Outlot G will remain undeveloped. MAP 2. Forest View Land Use Summary — Multi -Family Uses OUTLOT'F LOT 49 LOT 50 -eT as LCT zv LOT 1u LOT 51 'OT 4v LOT zap LOT 1'7 LOT 46 LOT 24 0 LOT 16'. LOT 52 .�, LOT 41 LOT? = Lor 19j L07 53 ,O - LOT 11 zLOT 2� LOT 54 u. LOT 45 LOT 32 G LOT 21 LOT 55 a LOT 33 z LOT 22 LOT 56 - TO C LOT 23 a L-11 -1 Lar 24 LOT 57 LOT as LOT ss.¢ LaT 25 LOT 11 LOT 91 LOT 26 FunT LRVE $ LOT 68 op 2 2 OQ OOJ LOT 11 LOT ]0 LOT 71 OUTLOT'O' LIT 71 OT ]3 cLs cou Multi -Family: f'A' Lot 15: The plan for this lot includes two, four-story multi -family buildings with 148 dwelling units. The site is accessed via Forest View Drive. A pedestrian path is identified from the public sidewalk off of Forest View Drive to both buildings. Subterranean parking is proposed. Lot 14: One hundred and ninety units are proposed for this site within three multi -family buildings. The buildings are three, four, and five stories in height. The applicant proposes to market this lot for senior housing with a mix of independent living and assisted living. Access to the site is provided via Forest View Drive and Haywood Drive. Pedestrian access is provided from public sidewalks to the main entrance of each building. Parking is proposed behind the buildings in the center of the site. Lot 13: One building is planned for this lot with 75 dwelling units. Both surface and subterranean parking are proposed. Access to this site is provided via Haywood Drive. Pedestrian walkways 12 are proposed connecting the public sidewalk with the multi -family building. Lot 12: One, four story building with 60 dwelling units is proposed for Lot 12. Parking is provided behind the building. This lot is accessed via Forest View Drive and Haywood Drive. Pedestrian access is identified from both Forest View Drive and Haywood Drive. Outlots H and I contain woodlands, wetlands, and slopes. These lots will remain undeveloped as preservation areas. Staff is still working with the applicant on parking calculations for the proposed multi -family lots. The City's zoning code regulates parking based on number of bedrooms per dwelling units. Since the number of units and bedrooms may change as the area builds out, staff will ensure that parking layout and design is consistent with that proposed on the plan and ensure that the minimum required parking is met. In addition, the proposed multi -family buildings generally meet the multi -family design standards in terms of the layout of the buildings and the site design. The proposed buildings front the street and provide pedestrian access from public sidewalks to main building entrances. As part of the site plan review process, staff will ensure that the multi -family design standards are met. MAP 3. Forest View Land Use Summary — Commercial Uses LOTS LOT7 OUTLOT'E' OUTLOT'F' �Oi�' 'T izIL", OE.':VE LOT 49 ^, _;: _, a LOT 50 LOT 43 LOT 27 LOT 1E LOT 51-oT 47 LOT 25� LOT 17 LOT L6 LOT 29 6 LOT 18 LOT 52 w LOT 45 LOT M LOT 19 LOT 5$ r. LOT as LOT.1 z LOT 2a LOT 54 �'. LOT 43 LOT LOT 21 LOT 55 LOT L2 LOT 33 a L0T 22 u LOT 11 LOT 30 g LOT 23 LOT 55 LOT so LOTas<? LOrz4 LOT 57 LOT ss LOT as F LOT zs LOT ?B LOT 57 LOT 26 LOT 11 v `o 0000 0o LOT se OT 70 LOT 14 OJ7LOT O Lpr LOl L COLE COURT LOT 76 Commercial: - LOT 12 LOT II ILOT IO LOT 15 LOT 14 LOT 6 LOT 5 LOT 9 LOT 4 i LOTS LOT I OUTLOT'A' Lots 9, 10, 11: These lots are located south of Forest View Drive just east of the proposed multi- family residential. The intent with these lots is to provide neighborhood commercial services that could be utilized by the nearby residential neighborhoods. The plans show each lot containing one building of the following sizes: 9,600 square feet, 6,960 square feet, and 4,581 square feet, respectively. Lots 5, 6, 7, and 8: These lots are adjacent to 1-80 and north of Forest View Drive. The applicant is marketing lots 5, 6,7, and 8 for hotel and office use. All parking and vehicle activities for the lots are adjacent to 1-80 and located behind the buildings and toward the interstate. Commercial 13 development on these lots may serve as a buffer between the residential uses on the south side of Forest View Drive and heavy traffic on 1-80. All commercial buildings front Forest View Drive provide a transition to the residential neighborhood to the west and separate vehicle uses (e.g. parking and loading) from residential and pedestrian areas. The plan shows street facing building entrances along Forest View Drive with pedestrian access from the public sidewalk. Lots 1, 2, 3, and 4: These lots are located at the eastern edge of the project site along N. Dubuque Street. The plans show a gas station and convenience store proposed on Lot 1. Lots 2, 3, and 4 show three buildings, two of which include drive-through facilities. The applicants anticipate eating and drinking establishments in this area. Outlot A is a preservation area that will act as a buffer between the existing single-family residential neighborhood to the south and the proposed commercial area. Outlot B provides a sanitary sewer easement and Outlot C is a public right-of-way easement to access the existing Haywood Apartments. c. Open Space: The plan contains 18.95 acres of protected open space areas. These are areas that contain sensitive environmental features, such as woodlands, wetlands, and steep slopes. Although these areas will not be used for active recreation, preservation of these environmental features will be an amenity to future residents. The largest protected open space area is Outlot H, which contains 8.52 acres of preserved woodlands, wetlands, and slopes. Outlot H is located east of the manufactured housing community and adjacent to the proposed multi -family area. Outlots E and F, located adjacent to 1-80, contain 2.8 and 3.2 acres, respectively of preserved woodlands. These outlots will serve as a buffer between the manufactured housing community and the multi -family building proposed on Lot 15. Outlot A contains 1.28 acres of preserved woodlands and buffers the proposed convenient store and gas station from the existing single- family residences to the south. Outlots G and I include the remainder of the preserved area. In addition, the plan identifies on-site private open space areas for the proposed residential components of the project. For the manufactured housing community, the applicant is proposing a communal open space area of 1.65 acres on Outlot D. This private open space area will also function as a storm water management facility. The plan also identifies private open space areas for each multi -family development. The zoning code requires 10 square feet of private open space per bedroom for multi -family residential uses. The applicant's intention is to provide private open space in excess of the requirement. Staff is working with the applicant to confirm the required open space is met. Table 1 identifies the amount of private open space provided for the multi -family buildings. Table 1. Private Open Space on Multi -Family Lots Lot Open Space.-. Lot 12 60 multi -family units 920 Lot 13 75 multi -family units 6,370 Lot 14 190 units, senior housing) 4,830 Lot 15 148 units 6,000 The applicant anticipates including seating areas, shade -trees, and general recreational lawn areas in the private open space areas. Private open space for multi -family housing is reviewed at the site plan stage and must meet the standards outlined in the zoning code. Generally, the code requires that these areas be open air, outdoor spaces (except that up to 50% may be indoors) accessible to all residents; include amenities such as seating, shade trees, planters, gardens, and/or other improvements to support passive recreation; may not be less than 400 square feet 14 and no dimension less than 20 feet; and separated and buffered from vehicular traffic. d. Traffic circulation: The plan proposes the development of a new public street, Forest View Drive, which will provide a secondary access to the Peninsula neighborhood and Mackinaw Village. The applicant has worked with a consulting firm and completed a traffic study that has been reviewed by Public Works staff and the City's transportation planner. Forest View Drive is accessed via N. Dubuque Street. Access to N. Dubuque Street requires an access permit from the Iowa Department of Transportation and the Federal Highway Administration (FHWA). City staff have worked with the applicant to submit the proper permits to the Iowa DOT. Although staff has received informal communication that suggests the DOT will approve the access permit, staff is waiting on the results of the DOT's formal review and approval from the FHWA. This will be listed as a deficiency until receipt of formal approvals. Staff recommends that the City Council not take action on this application until receipt of formal approval from the Iowa DOT and FHWA. The plan proposes 10 -foot and 5 -foot sidewalks adjacent to Forest View Drive and Algonquin Road and 5 -foot sidewalks on both sides of other internal roads which will provide adequate pedestrian circulation. Street connectivity is provided including a connection to the Mackinaw Drive neighborhood (west of the development) via a connection with Flint Drive. The plan also allows for a future street connection of Haywood Drive if desired. All proposed streets are either 26' or 28' wide and are intended to become `public' streets upon completion — the only `private' streets proposed are the rear alleys serving the lots intended for manufactured homes. A traffic circle is also proposed at the intersection of Forest View Drive and Algonquin Road. The purpose of the circle is to calm traffic and deter cut -through traffic to/from the neighborhoods to the west of the development. Iowa City Transit currently provides service to the Algonquin Road / Foster intersection and has a bus shelter for patrons. This bus stop would be walkable (approximately 2-3 tenths of a mile) from a majority of the planned manufactured housing, but may not be adequate for the remaining residential units adjacent to Forest View Drive. However, additional service can be contemplated during the City's pending transit route study. 2. The development will not overburden existing streets and utilities. Transportation: Public Works staff and the City's transportation planner completed a thorough review of the traffic study and concurs with the findings. Based on the traffic study, it is anticipated that full build -out of the proposed development will generate over 15,000 vehicle trips per day. This is in addition to the existing traffic counts of approximately 22,400-24,100 trips per day on N. Dubuque Street. While this is a significant amount of additional traffic, the study indicates that the transportation system with some improvements will still operate at the City's minimum acceptable level. To meet the City's minimum acceptable level of service, a number of infrastructure improvements need to be made by the developer, including, but not limited to: • Development of a new public roadway, Forest View Drive, with access via N. Dubuque Street, which includes a connection from N. Dubuque Street to the Dubuque frontage road to the east • Improvements to N. Dubuque Street include: o Dedicated north and southbound left -turn lanes onto Forest View Drive o Dedicated southbound right -turn lane onto Forest View Drive o Dual eastbound left turn lanes from Forest View Drive to N. Dubuque Street Development of a 10 -foot wide trail along the west side of N. Dubuque Street between the 1-80 eastbound ramp terminals and Forest View Drive Due to the project's close proximity to the 1-80 / N. Dubuque Street interchange, the Iowa DOT 15 required that the traffic study show that the eastbound and westbound ramp terminals at 1-80 can operate at a minimum required level of service. The traffic study shows that this minimum is met in 2025 (i.e. full build / completion of the development). City staff requested that the traffic study also analyze how the corridor would function in 2040 with the proposed development and without. The results of the analysis indicate that without the development the service levels would begin to fail in 2046, which indicates potential capacity improvements would be necessary at the interchange due to anticipated annual community growth. The analysis shows that with the development, the service levels begin to fail as soon as 2035. In short, the proposed development will accelerate the needed transportation improvements at the interchange. Furthermore, the exact improvements needed at the interchange are not known. It may be full reconstruction of the interchange or an additional third northbound lane on Dubuque Street. Costs associated with these improvements would be negotiated between the City and the Iowa DOT. Please see Attachment 14 for additional information on the traffic study. Storm Water: Pubic Works staff has worked with the applicant to address concerns related to storm water management. The preliminary storm water management report submitted by HBK and Impact7G as part of the Planned Development and Sensitive Areas rezoning process is meant to provide a preliminary storm water analysis that models existing and proposed conditions. The intent of the report is to demonstrate how storm water management throughout the development will operate as a complete system to meet the City of Iowa City Standards and minimize impacts to downstream properties. The applicant is proposing three different types of storm water management facilities: detention basins, on site underground storm water storage system, and storm water best management practices (BMP's). Storm water will be detained in these basins and storage systems and released slowly into the surrounding ravines or drainage areas. It should be noted that preliminary storm water management report will need to be supplemented and/or revised as development continues and final design and construction drawing are prepared. Public Works staff is currently working with HBK to develop a phasing plan for the entire development. This phasing plan will allow Public Works staff to review and approve final storm water management design as individual sites are developed. This will also help Public Works staff work with the developer to implement temporary storm water management and BMP's while individual sites are being developed before the permanent storm water management facilities are being constructed. As a condition of the rezoning, staff is recommending that upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. Please see Attachment 15 for additional information on storm water management plans. Water & Sewer: The preliminary plat has also been reviewed by Public Works staff to ensure availability of public sanitary and water service. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. The proposed development locates the single-family, manufactured housing community adjacent to the existing single-family neighborhoods to the west of the development. The manufactured housing provides a transition from the existing single-family neighborhood to the west to the multi -family housing further east. Staff also recommends as a condition of the rezoning that all single-family buildings have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. In addition, the development proposes a landscaped buffer 16 between the existing single-family and the manufactured housing community. Staff recommends as a condition of the rezoning that a landscaped buffer be maintained between the proposed single-family, manufactured housing community and the existing single-family neighborhood. The proposed multi -family uses are clustered toward the center of the project site and are located near the commercial uses. The multi -family is separated from the existing multi -family and townhome developments to the south on Foster Road and Algonquin Road by a large area of preserved woodland. A wooded buffer also provides a separation between the single-family community along N. Dubuque Street and the proposed commercial development on Lots 1-4. The commercial uses are located adjacent to 1-80 and N. Dubuque Street. The commercial development proposed adjacent to the multi -family development is intended to act as an amenity in the area for neighborhood residents. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City standards will be in the public interest, in harmony with the purpose of the zoning code and with other building regulations of the City. While the proposed density is higher than what would ordinarily exist in the RS -12 zone, the proposed planned development does not exceed the maximum density allowed for an OPD. Furthermore, the project helps to achieve two important public purposes: • Construction of Forest View Drive provides a secondary roadway access from the Peninsula area. The extension of Algonquin Road and Forest View Drive will provide alternative access during severe flooding when a portion of Foster Road is impassible. Since the North Area Plan was adopted in 2015, more than 500 new homes have been constructed in the area. Relocation of residents from the Forest View Mobile Home Park -57 new manufactured housing units will be established on lease lots, the majority of which meet the RS -12 standards. These housing units will be established along city streets with sidewalks, city sewer and water, and other services as a part of the larger neighborhood. Current Forest View residents who are not provided manufactured housing will have the option to rent/purchase condominiums in other multi -family structures within the development. Staff is recommending that as a condition of the rezoning the applicant executive an affordable housing agreement with the City that outlines the specifics of the relocation. The applicant's general plans for relocation are outlined in Attachment 6. Please see the "Requested Waivers" section, which starts on page 8, for staff's review of the applicant's proposed modifications to the underlying zoning requirements. Sensitive Areas Review: Due to the number of sensitive environmental features on the site a Sensitive Areas Development Plan was required. Due to the impacts on woodlands and wetlands, the SADP must be reviewed by the Planning and Zoning Commission and approved by the City Council. Woodlands: The project site contains a total of 36.48 acres of woodlands. The vast majority of these woodlands (30.57 acres) are located on the proposed residential lots. The remainder (5.91 acres) exist on the proposed commercial lots. The table below provides a summary of existing woodlands, impacted woodlands, and preserved woodlands compared to the retention requirements in the zoning code. 17 The remaining woodlands not reflected in the table are either proposed as a woodland buffer or remnant woodland. Neither of these categories are considered preserved due to the proximity of construction activity. However, a 40 -foot remnant woodland area is proposed along N. Dubuque Street. Staff recommends as a condition of the rezoning that these 40 -foot area along N. Dubuque Street remain unimpacted by the development. Wooded buffers of 50 -feet are identified around all of the proposed preserved woodlands. The SADP meets the retention requirement for the commercial area, but not the residential area. Therefore, the project must mitigate through tree plantings. Per code, the applicant is required to plant 828 trees. The SADP includes a tree replacement plan, all of which are proposed on the project site. The table below outlines the breakdown of the proposed restoration trees. The City Forester reviewed the location of the proposed restoration trees and generally agreed with the locations proposed; however, the City Forester requested that additional restoration trees be provided in a few key locations, including along N. Dubuque Street. In terms of monitoring the replacement trees, the applicant has proposed a monitoring plan that will include the development of an annual report to be submitted to City staff for a minimum of five years. This will ensure pro -active monitoring of the replacement trees. Staff recommends including this monitoring plan within the development agreement for the project. Please see Attachment 16 for the applicant's memo regarding woodlands. Slopes: The project site also includes 1.88 acres of protected slopes (40% or greater), none of which will be impacted. The plans also identify the required buffer around all protected slopes. Critical slopes (25%-40%) make up 2.98 acres of the project site and 1.31 acres or 44% will be impacted by the proposed project. Wetlands: The project site includes 0.98 acres of wetlands, 36% of which will be impacted by the proposed commercial development along N. Dubuque Street. The applicant has submitted a U.S. Army Corp of Engineers permit indicating that the City may consider filling in a jurisdictional wetland located east of Laura Drive. The Army Corp approved this permit in September 2018. Landscaping: The applicant has submitted a landscaping plan, which includes street trees, site trees, parking lot trees, plantings for screening, and restoration (i.e. replacement) trees to mitigate the impact the development has on existing woodlands. The applicant has also provided a list of tree species for street trees and restoration trees. The City Forester reviewed the landscaping plans and the list of tree species. The City Forester had some recommendations on areas to increase restoration trees and also requested that the applicant remove five tree species. In terms of street trees, the applicant is proposing streets trees every 40 -feet along Forest View Drive. Location Street trees Number of Trees 109 Site trees 257 Restoration trees 387 Parking lot trees 75 Total 828 The City Forester reviewed the location of the proposed restoration trees and generally agreed with the locations proposed; however, the City Forester requested that additional restoration trees be provided in a few key locations, including along N. Dubuque Street. In terms of monitoring the replacement trees, the applicant has proposed a monitoring plan that will include the development of an annual report to be submitted to City staff for a minimum of five years. This will ensure pro -active monitoring of the replacement trees. Staff recommends including this monitoring plan within the development agreement for the project. Please see Attachment 16 for the applicant's memo regarding woodlands. Slopes: The project site also includes 1.88 acres of protected slopes (40% or greater), none of which will be impacted. The plans also identify the required buffer around all protected slopes. Critical slopes (25%-40%) make up 2.98 acres of the project site and 1.31 acres or 44% will be impacted by the proposed project. Wetlands: The project site includes 0.98 acres of wetlands, 36% of which will be impacted by the proposed commercial development along N. Dubuque Street. The applicant has submitted a U.S. Army Corp of Engineers permit indicating that the City may consider filling in a jurisdictional wetland located east of Laura Drive. The Army Corp approved this permit in September 2018. Landscaping: The applicant has submitted a landscaping plan, which includes street trees, site trees, parking lot trees, plantings for screening, and restoration (i.e. replacement) trees to mitigate the impact the development has on existing woodlands. The applicant has also provided a list of tree species for street trees and restoration trees. The City Forester reviewed the landscaping plans and the list of tree species. The City Forester had some recommendations on areas to increase restoration trees and also requested that the applicant remove five tree species. In terms of street trees, the applicant is proposing streets trees every 40 -feet along Forest View Drive. in Within the manufactured housing community, one street tree is proposed per lot with additional street trees along Forest View Drive and Flint Drive. The plan also shows shrubs that will be planted to act as a screen throughout the development. Key locations where these shrubs are shown include between parking areas and Forest View Drive, as well as between 1-80 and the parking areas proposed for the commercial development. West of the proposed manufactured housing park the plans show an existing wooded area to remain, as well as a row of evergreens that will provide additional separation between the lower density single-family community to the west Neighborhood Open Space Requirement (Public Open Space): Based on the 50.31 acres proposed for residential rezoning, the applicant must dedicate 2.82 acres of land or pay fees in lieu of. Fees would be applied to parks within the Foster Road Open Space District and finalized during the final platting process. Consistency with the Comprehensive Plan: The North District Plan was amended in (August 15, 2017) to allow for development of low -medium mixed residential and multi -family uses (8-13 dwelling units per acre) along the western and southern portions of the area, and a mix of Highway and Neighborhood Commercial uses to the north and east (Attachment 4). The following goals were also adopted and incorporated into the North District Plan: 2. Housing Goal: Upon redevelopment of Forest View Mobile Home Park, the developer/owner should provide relocation assistance to the residents that includes replacement housing, preferably in the immediate area, advisory service, and moving expenses. Said relocation assistance must be offered and made available prior to any demolition of existing homes as part of any first phase of development. A relocation plan must be made available to residents. As part of the earlier comprehensive plan amendment the applicants submitted a relocation plan for the residents of the Forest View neighborhood. Staff recommends that as a condition of the rezoning the applicant executes and affordable housing agreement with the City (to be approved by the City Council), which will outline the operative provisions of the relocation plan. 3. Housing Goal: Any development of multifamily residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood. The current proposal has shifted multi -family development further to the east. Development adjacent to the Mackinaw Village subdivision is now single-family. The applicant is proposing to maintain a woodland buffer along the west property line. 4. Commercial and Institutional Use Goal: To preserve the scenic character of the primary entrance to the city, any development of property along Dubuque Street must adhere to strict design guidelines imposed through a Conditional Zoning Agreement (CZA). Such design guidelines will address building fagade and materials, sign placement, setbacks from the street, screening and tree preservation. The applicant has submitted a detailed landscaping plans, which have been reviewed by the City Forester. The plans include a 40 -foot wooded buffer between N. Dubuque Street and the proposed commercial development (Lots 1-4). The applicant submitted perspectives of N. Dubuque Street to illustrate the impact of the development along that corridor. Finally, staff is working with the applicant to incorporate guidelines related to signage, lighting, and building materials into the conditional zoning agreement. 5. Commercial and Institutional Goal: A buffer of existing trees and vegetation should be preserved between the Dubuque Street right of way and any development. Woodlands between Knollwood 19 Lane homes and commercial development should be preserved to provide a distance and visual buffer. For properties fronting on Dubuque Street, the percentage of preserved woodlands should exceed the minimum code requirements. The proposed planned development maintains a 40 -foot woodland buffer between commercial development and the N. Dubuque Street right-of-way. The proposal preserves 1.28 acres of woodland between Lot 1 (the gas station and convenience store) and the residential properties on Knollwood Lane. For the commercial area a minimum of 10% of woodlands must be retained per the Sensitive Areas Ordinance. The plan shows that 15% of the woodlands will be maintained within the commercial portion of the development. 6. Transportation Goal: Upon redevelopment of property west of Dubuque Street and south of Interstate 80, access to Dubuque Street for southbound traffic, north of Foster Road may be allowed provided that the access point intersection is designed to accommodate anticipated traffic volumes from the developing area west of Dubuque Street, south of Interstate 80. The applicant has worked with a consulting firm and completed a traffic study that has been reviewed by Public Works staff and the City's transportation planner. While the project will result in a significant amount of additional traffic, the study indicates that the transportation system will still operate at the City's minimum acceptable level of service. Due to changes to the proposed project, the applicant has submitted a comprehensive plan amendment to amend the future land use map. This amendment will clarify the intended land uses of the project. Specifically, the proposed amendment better articulates the location of the proposed single-family and multi -family land uses. Upon approval of the amended land use map, the proposed preliminary plat and sensitive areas development plan will comply therewith. NFXT STFPS- Upon approval of the proposed comprehensive plan amendment, rezoning, SADP, and preliminary plat, the applicant will be required to submit a final plat for City Council's review and approval. A final SADP for review and approval by City staff is also required. In addition, the applicant may seek funding from the City through Tax Increment Financing (TIF), which would need to be reviewed and approved the City Council. This economic development incentive will assist the developer in paying for the cost of the public improvements, most notably, Forest View Drive Per the draft conditional zoning agreement, the applicant would also be required to execute an affordable housing agreement to be approved by the City Council. This agreement will outline the specific requirements related to the relocation of the Forest View Mobile Home Park tenants. Per the draft conditional zoning agreement, the applicant would also be required to submit a master sign plan to be reviewed and approved by the Director of Neighborhood and Development Services. STAFF RECOMMENDATION: Staff recommends deferral of the application to allow opportunity for various deficiencies and discrepancies to be resolved and to complete review of the revised Sensitive Area Development Plan and Preliminary Plat received on January 25, 2019. In addition, the Commission must first act on the proposed amendment to the North District Plan prior to taking action on the proposed rezoning, SADP, and preliminary plat. In addition, staff also recommends the following conditions that are still being finalized in cooperation with the applicant and the City Attorney's Office: 20 1. Prior to the issuance of any building permit, the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation. 2. On Lots 5-8, development shall be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. 3. On Lots 5-8, buildings shall be setback a minimum of 15 feet from Forest View Drive. 4. On Lots 9, 10, and 11 development shall be subject to the CN -1 zoning regulations. 5. On Lot 1-4 development shall be subject to the CN -1 zoning regulations with a few exceptions (e.g. build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs.) 6. Development shall be subject to detailed design guidelines that address signage (including a master sign plan), building materials, and lighting. 7. Upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. 8. All single-family development shall have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. 9. Owner shall maintain a landscaped buffer between the proposed single-family, manufactured housing community and the existing single-family neighborhood. 10. Owner shall ensure a 40 -foot area along N. Dubuque Street remain unimpacted by the development. DEFICIENCIES AND DISCREPANCIES: See various notes above regarding conflicting or missing information included within the report above. • Formal approval of the access permit from the Iowa DOT. • Development of more detailed design guidelines through further development of the Conditional Zoning Agreement. • Submission of evidence of ownership of the property to be developed. The applicant is working with the Iowa DOT on the purchase of a portion of public right-of-way. • Show the right-of-way for Haywood Drive to be 60 feet on the preliminary plat. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Planned Development and Sensitive Areas Development Plan 4. Preliminary Plat 5. Resolution for the 2017 North District Plan amendment 6. Relocation Plan 7. Summary of Proposed Land Uses 8. Applicant's Summary of Outreach 9. Rezoning Exhibit 10. Draft Conditional Zoning Agreement 11. Applicant's List of Requested Modifications and List of Requested Variances 12. Applicant's Proposed Design Guidelines 13. Applicant's Perspectives of N. Dubuque Street 14. Memo for the City's Transportation Planner regarding the Traffic Study 15. Executive Summary of Storm Water Management Plans 16. Memo regarding Woodlands from Impact7G Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ff -40 LL. 4 69 f :J LU 0 A4 LQ V ul 0_ > iS 3VIVN ON vi co 1) r. 0 I - rvli� cs 5 ca ilk (IN NI . . . . . . . n(0) N LO bD LJ W 0. C4. bo a In a) t2© o. w > al > lu W It C) mn C, In co W NOW4 I . . . . . -27 K J_ 1 7 Lr) Q) W (7 > 4-1 W -Z -7> cu ct 4V U-4 N Q) Tor 4 > bc > C)Q its ca w � S-4 Ln 1-4 00cn CKS Ln c in. c Awe ow Y) C6 z—, tr T fy V) V) (nC� ff Jl� ZOO, c� LO U, LL Cc 1S 3v;vN 0 N Pff g y4 & LU r. o w 7 r - c , ti�4 V� LL LO UD LJ 0. 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Srvs., 410 E. Washington St, Iowa City, IA; 319-356-5252 (CPA16-00005) Resolution No. 17-275 A resolution amending the North District Plan for approximately 70 acres west of Dubuque Street, south of Interstate 80, and north and east of Mission Point Road and Mackinaw Drive, to modify the land use map, accept a sensitive areas survey, and add certain housing, transportation and design goals Whereas, the North District Plan, an element of the Iowa City Comprehensive Plan serves as a land -use planning guide by illustrating and describing the location of appropriate land uses throughout in the North District, and provides notification to the public regarding intended uses of land; and Whereas, if circumstances change and/or additional information or factors come to light, a change to the Comprehensive Plan may be in the public interest; and Whereas, the North District Plan currently includes a goal to maintain and enhance existing housing while providing opportunities for new housing development that complements existing neighborhoods, protects environmentally sensitive areas, and is affordable to people of all incomes and ages; and Whereas, the North District Pian states that if the Forest View Mobile Home Park redevelops in the future, consideration should be given to securing relocation assistance for the current residents of the park; and Whereas, since 2001 when the North District Plan was adopted, over 800 new homes have been constructed in the area, the Thornberry Dog Park has been established, commercial and office uses have been established in the Peninsula Neighborhood, and several infrastructure improvements have been made including the Dubuque Street / Interstate 80 interchange and the on-going Dubuque Street elevation project; and Whereas, the proposed land use map includes commercial land uses south west of the Dubuque Street / Interstate 80 interchange, and existing transportation node, and mixed residential and multi -family uses northeast of the Mackinaw Village neighborhood; and Whereas, the applicant submitted a Sensitive Areas Inventory of its 70 acres which in general shows anticipated areas of disturbance and preservation; and Whereas, a new east -west road is reflected on the proposed land use map, and said road will provide a secondary access to and from the larger Peninsula neighborhood; and Whereas, because the new land use map contemplates redevelopment of the Forest View Mobile Home Park, will include a mix of uses, and will impact this busy, scenic entryway to the City, this amendment adds goals and objectives related to affordable housing, opportunity for commercial development, diverse housing and secondary access; and Whereas, the Planning and Zoning Commission has reviewed this amendment and determined that circumstances have changed to the extent that an amendment to the comprehensive plan is warranted. Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that: A. The attached land use map dated April 12, 2097 is hereby adopted and incorporated into the North District Plan as the land use map guiding development of the area shown. B. The attached Sensitive Areas Inventory dated April 5, 2017 is hereby added to the Resolution No. 17_275 Page 2 Plan as an appendix. C. The following goals are adopted and incorporated into the North District Plan a, Housing Goal: Upon redevelopment of Forest View Mobile Home Park, the developer/owner should provide relocation assistance to the residents that includes replacement housing, preferably in the immediate area, advisory services and moving expenses. Said relocation assistance must be offered and made available prior to any demolition of existing homes as part of any first phase of development. A relocation plan must be made available to residents. b. Housing Goal: Any development of multi -family residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood. c. Commercial and Institutional Uses Goal: To preserve the scenic character of this primary entrance to the City, any redevelopment of property along Dubuque St must adhere to strict design guidelines imposed through a Conditional Zoning Agreement (CZA). Such design guidelines will address building facade and materials, sign placement, setbacks from the street, screening and tree preservation. d. Commercial and Institutional uses goal: A buffer of existing trees and vegetation should be preserved between the Dubuque Street right of way and any development. Woodlands in between Knollwood Lane homes and commercial development should be preserved to provide a distance and visual buffer. For properties fronting on Dubuque Street, the percentage of preserved woodlands should exceed minimum code requirements. e. Transportation Goal: Upon redevelopment of property west of Dubuque St and south of Interstate 80, access to Dubuque Street for south -bound traffic north of Foster Road may be allowed provided that the access point/ intersection is designed to accommodate anticipated traffic volumes from the developing area west of Dubuque St, south of Interstate 80. Passed and approved this 15th day of August , 2017. 1 Approved by: Attest,;, 1*)P4 ryk ellie Fruehling ''y Clerk City Attorney's Office p/�U�i7 Resolution No. 17-275 Page _ 3 It was moved by Mims and seconded by Botchw Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: .x x x Botchway Cole Dickens Mims Taylor Thomas Throgmorton the s a V CD J J e U WCD x W �z-, 7 = E E E � cx W z w �pS �a 0 w T_ E w w w o 4 u c L o O p E3. U J o L W n G CL Z 1�! 0I m pP J e° s a SUS wN s �pS w w i m pP e° E p a t pS55t OSBS _ � O 0 rte m -E 0 s CA a V Z c ro /D�- p y •7 4 J L C _ ro - `c as 3rwmr+oN E O g x � C C ' 1 �.. y. a en a� + N T C l�++ V d N m U Q Ir L C /Q /i r � O J Vds V L Z G CLv Md CKWAW'AN 0 LO ` N �C "R o N V M � m E Q. ,p o _ Z d E m ea •. 0 4 O ? o c `29 c c '3 E E CJ is a E E U N a n _ m T a v n w wW, R L r O a l% m 0 0 u m IL d c a � _ 0m a S i FOREST VIEW MOBILE HOME PARK RELOCATION PLAN Iowa City, IA December 2016 (Revised May 2018) Prepared by HBK Engineering, LLC in partnership with North Dubuque, LLC, North Dubuque Developer, LLC, the residents of Forest View Mobile Home Park and the Center for Worker Justice BACKGROUND North Dubuque, LLC is committed to building stronger neighborhoods by providing quality housing options for the residents of Forest View Mobile Home Park as the development surrounding it progresses. North Dubuque, LLC shares a vision for building a neighborhood of new modular condominium homes matching the needs of the residents. The residents, North Dubuque, LLC, North Dubuque Developer, LLC, Center for Worker Justice, and the City of Iowa City staff have met many times to discuss the development process and to create a vision for a new neighborhood southwest of Forest View Mobile Home Park. This relocation plan has been prepared for Forest View Mobile Home Park residents and will be funded by North Dubuque, LLC. The plan is guided by the principles of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the pertinent federal regulations under 49 CFR Part 24. The primary goal of the proposed new Forest View neighborhood is to support the continuation of the strong community that exists and to provide high quality, decent, and safe housing for residents. There are several important considerations that underlie this relocation plan: 1. It is the goal of North Dubuque, LLC that the replacement housing will be comparable to what residents currently have in Forest View Mobile Home Park. 2. Even though all residents in the Forest View Mobile Home Park will be required to move from their current home, each resident will have options for replacement housing, either in the new Forest View Neighborhood or elsewhere. 3. North Dubuque, LLC remains committed to the concept of homeownership opportunities for the residents of Forest View Mobile Home Park. 4. Regardless of the chosen housing replacement option, North Dubuque, LLC is committed to minimizing the impact of permanent displacement and hardship for all current Forest View Mobile Home Park residents by offering move -related advisory services and covering expenses related to the move. This plan uses the following criteria to accomplish these goals: • Minimize the impact of permanent displacement and hardship. • The new neighborhood will be constructed and completed prior to relocation. • Provide a 4% Low -Income Housing Tax Credit (LIHTC), state tax-exempt housing bond or a similar program to provide a home ownership opportunity for the residents. • Residents will have options to move to a home other than Forest View or lease -to -own a condominium at the apartment complex directly east of the new Forest View neighborhood. Characteristics of Current Forest View Mobile Home Park Forest View Mobile Home Park was originally built in the late 194os and is located on Laura Drive, just south of 1-80, on the north side of Iowa City. The majority of the homes were constructed prior to 1974. There is on-site management, including leasing and maintenance staff. There is also an onsite play area, a soccer field, and laundry facilities. It is managed by North Dubuque, LLC and contains 155 lots for mobile homes (approximately 103 homes are occupied, 44 homes are vacant and 8 lots are vacant). Currently, it is unknown exactly how many of the 103 homes are owner -occupied or owned by a third party and rented to the occupant. However, members of North Dubuque, LLC are currently cross-referencing property records from Johnson County with leases to determine ownership. SUMMARY OF THE RELOCATION PLAN It is the goal of North Dubuque, LLC to minimize the impact of permanent displacement and hardship for all current residents of Forest View Mobile Home Park. For the purposes of this relocation plan, the term resident means any person occupying a housing unit. This Relocation Plan is effective as of the date that the Conditional Zoning Agreement (CZA) is signed by North Dubuque, LLC and the City of Iowa City. All persons who are residents on the day the CZA is signed are eligible for provisions outlined in this plan. For the purposes of this relocation plan: • "Eligible" means any resident that is in good standing with the property and is abiding bycurrent lease agreements (if there is a lease agreement). • "Income -eligible" means that a resident is income eligible to move to the new Forest View neighborhood (see "Pathway to Home Ownership" section below). • "Good standing" means that the resident has not committed serious lease violations (if there is a lease agreement), such as rent or utility delinquencies. North Dubuque, LLC is committed to providing quality housing options for residents and it is their intention to relocate residents just once to comparable replacement housing (see Comparable Replacement Housing section below). The new Forest View Neighborhood will be built southwest of the current neighborhood (Forest View Mobile Home Park) and it is anticipated that approximately 57 new modular homes will be built based on the number of income -eligible residents and their desire to remain in the community. There are currently 103 homes at Forest View Mobile Home Park. As noted, approximately 57 new modular homes (each on their own lot) will be constructed in the new Forest View neighborhood. Additional opportunities for replacement homes will be made available in Johnson County or individual condominiums within the multi -family development, directly east of the New Forest View neighborhood, will be made available. In addition, North Dubuque, LLC is committed to including in the definition of the provision of "quality housing": • Incorporating green and environmentally friendly elements into the new home design and construction process of this project; • Providing the opportunity for income -eligible residents to participate in a lease -to -purchase pathway to home ownership. North Dubuque, LLC has contracted with HBK Engineering and North Dubuque Developer, LLC to write the relocation plan and help with the initial information -gathering and relocation efforts. To determine resident relocation preferences, a proposed number of new modular homes to be constructed and to communicate information directly to residents about the relocation process, North Dubuque, LLC directed HBK staff to go door- to-door with a Spanish translator. The communication with the residents during this one-on-one interview process includes: 1. An explanation of the proposed new development and the relocation process. 2. Gathering the necessary information from the resident about the size of the household, names and ages of each person in the home, number of bedrooms, and the gross income of the household. Subsequently, North Dubuque, LLC in collaboration with North Dubuque Developer, LLC has held monthly meetings with Forest View Tenant Association and Center for Worker Justice and has held quarterly good neighbor meetings, in which all residents of Forest View have been invited to participate to keep informed on the development. Each resident will receive notification at least one (i) year in advance of the date they must move from Forest View Mobile Home Park. While many communication and information -gathering activities are currently ongoing, the relocation process activities (See Relocation Expenses and Process) will ramp up after the residents receive this notification. All of the relocation activities under this plan will be implemented by a Relocation Coordinator who will be retained by North Dubuque, LLC. Comparable Replacement Housing As defined for this project, comparable replacement housing is, at a minimum, a dwelling that is similar in size, function, and location to the dwelling in which the resident is living. Comparable replacement housing for displaced residents will meet decent, safe, and sanitary standards. The Relocation Coordinator will work with residents to find comparable housing that, whenever possible, will: • Be similar in size as they generally will have the same amount of space as the original home and will have similar improvements and amenities. The modular homes constructed in the new Forest View Neighborhood will have three bedrooms and 800 to 1,000 SF and will, in most cases, be largerthan their current homes; • Contain the same principle features with regard to function. For example, if the original home has a separate dining and living room and the replacement home combines the dining and living rooms to accommodate the same activities, the replacement home is functionally equivalent to the original home; Be located in an equal or better area as pertains to utilities and public and commercial facilities. Be decent, safe, and sanitary which means the dwelling is: 0 Structurally sound and in good repair 0 Weather tight 0 Walls must not leak 0 Utilities must not leak 0 Plumbing must work properly 0 Hot and Cold water must be provided 0 Heating systems must work properly and be adequate for size of housing unit 0 Lighting and wiring must work and be safe for use 0 Floors, stairways and railings must be safe 0 Rental units must be free from trash, rodents or pests 0 Sewer must be working properly 0 Adequate bins for trash 0 Units must meet compliance with lead-based paint, if applicable 0 Units must meet local city housing codes and standards Replacement Housing Options There are three categories of replacement housing in this plan: A) moving to the new Forest View Neighborhood if income eligible or B) relocating to replacement housing outside of the development or C) relocating to replacement housing within the Development. Priority will be determined by tenure in Forest View Mobile Home Park. In order of tenure, residents will have the option to choose the location of their new home within the neighborhood development or to relocate outside of the development. If the number of residents exceeds the number of modular homes built in the new Forest View neighborhood and the residents want to live in the development, then residents will have the option to choose a condominium in the apartment complex directly east of the new Forest View neighborhood. The options within each of these categories are described below. In order to provide a smooth transition for all residents, the Relocation Coordinator will be the contact person for the entire moving process, including assistance with selling or moving the existing home, acquiring new housing 4 whether rental or purchase, moving expenses, utility disconnections and connections, and other issues related to ownership or unpaid taxes on the home. A. Moving to a home in the new Forest View Neighborhood For those who choose and are income -eligible to move to the new Forest View Neighborhood, the proposed path forward is modeled around the Cleveland Housing Network system where they utilize a federal low- income housing tax credit (LIHTC) to provide homeownership opportunities to low- income families. Pathway to Home Ownership in the new Forest View Neighborhood when the following circumstance is applicable: Resident owns the mobile home or rents and wants to move to the new Forest View neighborhood Each income -eligible resident that chooses to move to the new Forest View Neighborhood will enter into a lease -to -purchase contract for the home. For 15 years the relationship between the property owner/North Dubuque, LLC and the resident is one of a landlord and tenant. The resident will not be responsible for taxes, maintenance, and/or any obligations for condominium fees during those 15 years. In order to qualify for the lease -to - purchase program; at the date of move -in, a household income must be below 60% of the Area Median Income (AMI) for Iowa City, as defined by the US Department of Housing and Urban Development. As of June 6, 2016, 60% AMI for a household of four is $51,840. The leasing period is for 15 years and during that time, financial education will be provided to prepare residents for homeownership. Each resident begins by leasing the home at the initial rent of $310/ month (the current lot rent) for a 1 -year term. For each additional year lease period, there will be a 2% annual rent increase. During the 15 years of the compliance period for the LIHTC program, the resident accumulates equity in the home equal to the principal component of a 25 -year mortgage. The equity funds will be located in a bank account and residents will be sent annual statements to update them on their accumulated equity. (See example below and attached amortization table). At the end of 15 years, North Dubuque, LLC will work with the resident to help arrange financing to purchase the home. There are three possible scenarios available to the resident during and after the 15 -year leasing period: 1. Purchase at end of 15 years — Resident rents the home for 15 years under the conditions stated above. At the end of 15 years, Resident will have the option to purchase the home and use the accumulated equity to purchase the home for the amount of the remaining principal left on the loan. EXAMPLE: The sale price of the home is not necessarily the same as the cost to build the home. For example, a home may cost $202,000 to build, but because of the tax credits the home may sell for $66,340. After 15 years the funds in the bank account may be $24,103. In this case, the remaining balance to be financed is $42,237• Price of Home Construction Price $202,000 Sale price at beginning of lease $66,340 Subtract funds in bank account -$24,103 Final Sale Price at 15 Years $42,237 1.1 The maximum sale price for the modular home or condominium in the apartment complex for the existing residents of Forest View at the beginning of the lease will not exceed $66,340. The accumulated funds in the bank account will be paid directly to the seller as a down payment if the tenant exercises the purchase option. Based on this calculation, the final sale price at 15 years (balance to be financed) will be $42,237• 2. Decides not to purchase or does not qualify for a loan (due to credit issues or other factors) to purchase at end of 15 years — Resident(s) receive the equity accumulated over the 15 years as a cash payment. Resident(s) can continue to rent the property from North Dubuque, LLC under the same rental formula as previously established with the same household income as described above. 3. Moves from home prior to 15 years (not including eviction)— Resident receives the equity accumulated as a cash payment. North Dubuque, LLC will lease out the home to another household using rental requirements for 6o% area median income (AMI) limits. In Case of Eviction While North Dubuque, LLC is committed to providing affordable and quality housing for income - eligible residents, in the event of an eviction while renting at the new Forest View neighborhood there are two potential scenarios: 1. If eviction is occurring for non-payment of rent then the equity accumulated will be decreased by the rent due, and the resident receives the balance as a cash payment. z. If eviction is for other cause, the equity accumulated will be decreased by the cost to repair damages caused to the unit during the occupancy of the resident. The resident receives the balance as a cash payment. 0 B. Moving to a home outside of the new Forest View Development The following circumstances are applicable • Resident owns the mobile home, but wants to move mobile home to another park • Resident owns the mobile home, cannot move the mobile home, and wants to buy another mobile home • Resident rents mobile home, wants to rent a mobile home, apt, duplex, single family home, etc. • Resident is neither an owner of a mobile home nor signatory to a written lease • Residents who are not income -eligible or who choose not to move to the new Forest View Neighborhood will also have options under this relocation plan. Two possible scenarios apply: 1. Mobile Home Relocation, if possible — For residents who currently own their mobile home and move it out of Forest View, if the new location is within 50 miles of Forest View, expenses will be covered or reimbursed by North Dubuque, LLC as described in detail below in the Relocation Expenses section. 2. Moving to a different location and/or living situation— The relocation coordinator will work with residents who fit this scenario to determine comparable housing options. Replacement housing payments, not to exceed $7,200 per household, will be covered by North Dubuque, LLC as described in detail below in the Relocation Expenses section. 0 C. Moving to a condominium within the development Pathway to Condominium Ownership in the neighboring Apartment Complex the following circumstance is applicable: Resident owns the mobile home or rents and wants to move to the apartment complex or the resident owns or rents the mobile home and wants to move to the new Forest View neighborhood but is unable to because the number of families exceeds the number of homes built in Forest View neighborhood. Each income -eligible resident will enter into a lease -to -purchase contract for the condominium . For 15 years the relationship between the property owner/North Dubuque, LLC and the resident is one of a landlord and tenant. The resident will not be responsible for taxes, maintenance, and/or any obligations for condominium fees during those 15 years. In order to qualify for the lease -to -purchase program; at the date of move -in, a household income must be below 60% of the Area Median Income (AMI)for Iowa City, as defined by the US Department of Housing and Urban Development. As of June 6, 2016, 60% AMI for a household of four is $51,840. The leasing period is for 15 years and during that time, financial education will be provided to prepare residents for condominium ownership. Each resident begins by leasing the condominium at the initial rent of $310/month (the current lot rent) for a 1 -year term. For each additional year lease period, there will be a 2% annual rent increase. During the 15 years, the resident accumulates equity in the condominium equal to the principal component of a 25 -year mortgage. The equity funds will be located in a bank account and residents will be sent annual statements to update them on their accumulated equity. (See example below and attached amortization table). At the end of 15 years, North Dubuque, LLC will work with the resident to help arrange financing to purchase of the condominium . There are three possible scenarios available to the resident after the 15 -year leasing period: 1. Purchase at the end of 15 years — The same terms provided to residents in Forest View neighborhood apply, as shown: Sale price at beginning of lease $66,340 Subtract funds in bank account -$24,103 Final Sale Price at 15 Years $42,237 The maximum sale price for the modular home in the Forest View neighborhood or condominium in the apartment complex for the existing residents of Forest View at the beginning of the lease will not exceed $66,340. The accumulated funds in the bank account will be paid directly to the seller as a down payment if the tenant exercises the purchase option. Based on this calculation, the final sale price at 15 years (balance to be financed) will be $42,237• 10 2. Decides not to purchase or does not qualify for a loan (due to credit issues or other factors) to purchase at end of 15 years — Resident(s) receive the equity accumulated over the 15 years as a cash payment. Resident(s) can continue to rent the condominium from North Dubuque, LLC under the same rental formula as previously established with the same household income as described above. 3. Moves from condominium prior to 15 years (not including eviction)— Resident receives the equity accumulated as a cash payment. North Dubuque, LLC will lease out the condominium to another household using rental requirements for 6o% area median income (AMI) limits. In Case of Eviction While North Dubuque, LLC is committed to providing affordable and quality housing for income - eligible residents, in the event of an eviction while renting at the apartment complex east of the new Forest View neighborhood there are two potential scenarios: 1. If eviction is occurring for non-payment of rent then the equity accumulated will be decreased by the rent due, and the resident receives the balance as a cash payment. 2. If eviction is for other cause, the equity accumulated will be decreased by the cost to repair damages caused to the unit during the occupancy of the resident. The resident receives the balance as a cash payment. 11 Replacement Housing Option Scenarios Income -eligible Resident owns mobile home wants to move to new Forest View neighborhood. ent During 15 years, At end of 15 Sell mobile rental/leas` equity in home years, residents home a,greemen accumulates have option to purchase home Resident owns mobile home wants to move home to another mobile home park. Relocation If within 50 "'17Move mobilek coordinator will miles, up to horn work with s $7,200will be residentcovered Resident owns mobile home, cannot move mobile home, wants to buy another mobile home Relocation If within 50 Sell mobile coordinator will miles, up to home work with $7,200will be resident ?/!r covered Income -eligible Resident rents mobile home, wants to move to new ForestView neighborhood \ During 15 \ At end of 15 Enter into years, equity in years, residents \119prental/lease ham have option to agreement/// accumulates �;�'Al purchase home / l • Resident rents mobile home, wants to rent a mobile home, apt, single familyhe • Resident is neither an owner of a mobile home or a signatory to a written lease Relocation Ifwithin50 miles, OR if income coordinatorw ill 7200 will b � eligible, enter int , End of 15 years, ' rental/lease option to purchase ,v orkwith resident covered IIA agreement, equity E • Income -eligible Resident rents or owns mobile home, wants to move to a condominium located in the complex directly east of Forest View Neighborhood or is unable to move to the new Forest View neighborhood because the number of families exceed the number of homes in the neighborhood. Enter into During 15 years, At end of 15 years, residents Sell Mobile home rental/lease equity in home agreement accumulates have option to purchase home 12 RELOCATION EXPENSES & PROCESS Relocation / Moving Expenses North Dubuque, LLC is applying the principles of the Uniform Relocation Act (URA) guidelines under 49 CFR 24.301 (9)(1-3). This section outlines agency guidelines for providing residents with transportation costs, packing personal property, and disconnecting and reinstalling utilities and relocated resident appliances. Once the exact number of residents wishing to stay in the neighborhood is determined, the developer can provide a more detailed relocation expense analysis. Everyone will be accommodated, regardless of whether they own the home or rent and regardless of their income. The ownership will be responsible for providing residents with eligible moving assistance and replacement housing assistance (following the pertinent guidelines set forth in49 CFR 24.301(g) and 49 CFR 502 of the URA), as outlined in the flat rate chart below. Out-of-pocket moving expenses will be covered per the Fixed Residential Moving Cost Schedule (2015) for Iowa: Number of Rooms with Furniture 1 Room 2 Rooms 3 Rooms 4 Rooms Payment $550 $700 $800 $900 All residents moving to the new Forest View neighborhood or apartment complex directly east of the new Forest View neighborhood will not receive out-of-pocket assistance for moving expenses as these costs will be offset by North Dubuque LLC hiring a moving agency. Replacement housing expenses: . For resident owners who choose to move their home: 1. The reasonable cost of disassembling, moving, and reassembling any structures attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges 2.The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary. Reasonable will be determined by the relocation coordinatorand will be decided based on the economic feasibility of the additional expenses. 3.The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed thefee at a comparable mobile home park, if the relocation coordinator determines that payment of the fee is necessary to effect relocation. • For resident owners who choose not to move their home or if the home is not able to be moved, the owner must first try to sell the home on the open market, or negotiate with North Dubuque, LLC If resident is not able to sell the home within 6o days of moving to their new location, North Dubuque, LLC will pay resident fair market value for the property. . For residents who are currently renting their mobile home, and either are not income -eligible or choose not to move to the new neighborhood, the resident is eligible for a replacement housing payment, not to exceed $7,200. 13 Relocation Process Activities Each resident will receive notification at least one (i) year in advance of the date they must move from Forest View Mobile Home Park; however, residents can voluntarily move at any time if they are not moving to the new Forest View neighborhood or the apartment complex directly east of Forest View neighborhood. The process for assisting them with their move will begin with that notice. Language translation and interpreting services will be provided at all stages of the relocation process. There will be a phased approach to the relocation process activities. • Phase I. During the first phase of the project, meetings will be held with property managementat Forest View to discuss general relocation issues. The construction of the new neighborhood and apartment complex and other project infrastructure will be phased such that the residents will not have to move until a certificate of occupancy has been granted for the new modular homes or apartment complex. North Dubuque, LLC has determined that the entire construction process for the modular homes and the condominiums will last approximately 12 months. • Phase II. In phase two, the Relocation Coordinator will conduct resident meetings to discuss relocation issues and options for eligible residents. • Phase III. Phase three will begin after the new neighborhood or apartment complex is complete and will include the actual relocation to the new home. Relocation coordinator All of the relocation activities under this strategy will be implemented by a Relocation Coordinator who will be designated by North Dubuque LLC. The Relocation Coordinator will be responsible for: • Studying the project extensively and identifying any relocation issues • Reviewing current rent roll • Continuing to review rent roll after relocation has begun • Reviewing current eviction "for cause" files and/or serious lease violations • Determining income -eligible relocation residents • Working with North Dubuque, LLC to determine moves based upon timelines and schedules • Compiling relocation checklists • Completing a Site Occupancy Report on each resident • Conducting face -to face interviews with residents • Researching and gathering data to prepare detailed relocation plan for approval • Meeting with the assigned moving company The Relocation Coordinator will conduct face-to-face resident interviews to: • Obtain some information about each person in the home • Estimate all eligible expenses for relocation • Explain all notices, including rights & responsibilities of the resident • Provide accurate project information • Will assist with locating new housing options 14 Resident Notices and Communication The following notices will be issued to each resident of Forest View during the relocation process: 1. North Dubuque, LLC will send a written notice to all of the residents at Forest View Mobile Home Park at least one year in advance of their move. This notice will explain that they are not being asked to move right away, that they should continue to pay their lot rent, and that they will be kept informed of the nature and dates of any subsequent activity with regard to their dwelling unit. They will also be provided with the name, phone number, and email address of a Relocation Staff person whom they are advised to contact for further information. The Relocation Staff person will obtain either a written receipt on a copy of the notice itself or a signed (green) U.S. Postal Service receipt for registered mail as evidence of the notification. 2. Initially, the Relocation Staff will evaluate the information provided by property management to determine if there are any obvious relocation related problems. A preliminary estimate of the cost for relocation will be completed. This estimate will identify the costs associated with moving. There will be connection costs and transfer fees for utility hook-ups including gas, electric, telephone and cable (if applicable), or any other services the residents were receiving at their previous home. There may be storage costs, packing and unpacking costs, and other possible out-of-pocket expenses. North Dubuque, LLC will be responsible for paying for these expenses. 3. The Relocation Coordinator will administer all moves and will continue working with contractors, property management, and City of Iowa City inspectors, etc. ensuring that residents are treated fairly and with dignity and to ensure their rights are respected. The Relocation Coordinator will perform a walk-through of each new home to determine its living conditions and will issue move -in notices once the Certificate of Occupancy and rental permits have been obtained from the City of Iowa City. 4. Where possible, payment of all the moving and out-of-pocket expenses will be paid directly by North Dubuque, LLC to the appropriate utility or vendor. Where possible, any expenses (moving costs, transfer fees for gas, electric, telephone & cable, etc.) that must be pre -paid by the resident will be done so prior to the move. The residents will be fully informed of the required documentation needed to support reimbursement of eligible out-of-pocket expenses that they pay. 5. Assurance that the homes that residents move to are decent, safe, and sanitary (DS&S), and suitable for the resident household will be the responsibility of North Dubuque, LLC. No resident will be allowed to move into their home before a Certificate of Occupancy (CO) is issued by the City of Iowa City. 6. Advisory or supportive services will be offered to residents being relocated. 7. North Dubuque, LLC will identify moving companies in the local area that will accommodate resident moves or residents may choose to move themselves 8. Documentation will be available on a monthly basis to residents and the City showing all moves with updated resident information. 15 Resident Meetings Resident meetings will be coordinated by the Relocation Staff and will be held during hours that accommodate all residents. A combination of day and evening meetings may occur and will last approximately one hour. Meeting dates and times will be posted in a prominent location for viewing, including the property management office. Agendas (a listing of what will happen at each meeting) will be written and approved by North Dubuque, LLC prior to each meeting. Minutes (documentation of what happened at the meeting) will be taken at each meeting. Relocation Services and Resources The Forest View residents will receive a brochure, which will provide information about relocation procedures, benefits, rights, protections, advisory services, and housing options. The Relocation Office will be on-site to ensure all residents have access to assistance. The resident will receive the following: • Explanation of all eligible relocation assistance • Explanation of appeal rights if dissatisfied with the relocation process • Explanation of other resources offering assistance • Information on credit checks and deposits • Assistance with relocating or finding a place to live The following are the required documentation that will be kept in each resident file: 1. Name and address of displacement dwelling z. Original move -in date of each occupied dwelling 3. Age and sex of all household members 4. Monthly income (gross, not net) of all adult household members 5. Description of resident relocation needs and preferences 6. List of all referrals made to each resident 7. Description of replacement dwelling 8. Copy of Relocation Notice Letter (i.e., 12 -month notice to move) 9. Proof of receipt of Relocation Notice Letter 10. Notice of Condition of Occupancy and Acceptance 11. Copy of each supporting document to determine eligibility for payments made (if applicable) 12. Evidence and receipt of payment made (if applicable) 13. Copy of all correspondence to residents, including information regarding claim payments 14. Copy of all credit checks and deposits 15. Copy of all correspondence regarding appeals filed and resolution of action taken 16 OVERCOMING POTENTIAL IMPEDIMENTS TO RELOCATION In the case where the title of the mobile home is not current, the development team will work with the resident to resolve title issues and to secure ownership of the home If it is not safe to move the home (or cannot be sold within 6o days) then the developmentteam will hire an appraiser, offer fair market value price for the home and then purchase thehome. DISPUTE RESOLUTION In the event of a disagreement between the residents and North Dubuque, LLC during the relocation process, the Relocation Coordinator will review the claims and offer a solution. If necessary, a professional mediator may be hired. 17 rt Ali dal �4 n —1ug U 0 E E ~O C +' ! 0c] A �w Co In W Q w �} N 0 O LL (11 ' 0 _S a a r a E CC a.r C 0 o cm • +r. r. L C U a. U) w C5 0 0 P ;,til 0 � a Q � / a � V 7 uj HAYWaQy 0 A U7 W Q a � 0 F- 0 0 0 F LpljlS pL~: .00 -. opo 0 �� _ frl7 F �itr,erscn 0 y, fi 0 0 cn LU , ti l O ~ 0 X ir M F NIf doe& ■w •- T a^ r NICs Q� N C1',V aR fO [U mf Q "m �9+L A Li ' ?. 00p:R'pa1aaODR O �OiROOO J �,• _ J J J, J J • avow NinC)NO!D-Iv �.� a— rn-ate Nan n W ❑, ©tl NinDNQJl'df ? N N oa M ani r>,fi.�n iL ��F-�-FFF�FFh a99 VG6VGGOOO'U�- O J JJJJ J J J J J O O 9910, �.. r❑y -� •F�l. t' W�a--WN t�1N�OrnNhvq10 Z ate. o3oniavoa3ioaa� Z9101IL Q W 10 Z �O It �esof �1�"nV)L�t ,.L ' a 00000000 (j i Summary of Stakeholder Meeting Dates & Submittal Dates Meeting Dates: December 11, 2017 - Good Neighbor Meeting April 16, 2018 - Bus Trip to Mt. Pleasant with residents of Forest View April 19, 2018 - Initial Meeting with Planning and Zoning Commission May 3, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association May 16, 2018 - Meeting with City Staff to review deficiencies (conference call) May 25, 2018 - Email to Neighbors + Residents (contact list provided by Sarah Walz) June 4, 2018 - Meeting with City Staff to discuss storm water, traffic, and wetlands June 5, 2018 - Meeting with City Staff to discuss storm water, traffic, and wetlands (Discussed email to Neighbors) June 7, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association June 11, 2018 - Formal email response to all questions presented by neighbors and residents August 2, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association August 30, 2018 - Meeting with City Staff to discuss storm water, traffic, and wetlands September 6, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association September 12, 2018 - Meeting with City Staff to discuss storm water, traffic, and wetlands September 13, 2018 - Submit CPA Application September 24, 2018 - Idyllwild Storm water Management Meeting with residents of Idyllwild, City Staff, Consultants and represents of North Dubuque at Parkview Church September 25, 2018 - Meeting with DOT Staff + City Staff to discuss traffic October 1-5, 2018 - Jeff Maxwell met with residents of Idyllwild and installed a water pump to protect homes from flooding October 4, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association November 1, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association December 6, 2018 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association December 13, 2018 - Meeting with City Staff to discuss Wetlands and Woodlands January 10, 2019 - Monthly meeting with Center for Workers Justice and Forest View Tenant Association Submittal Dates: February 20, 2018 March 12, 2018 May 8, 2018 May 23, 2018 June 11, 2018 August 2, 2018 September 6, 2018 October 1, 2018 December 11, 2018 January 3, 2019 January 25, 2019 U as J coco LO { } J of Lo � .I 5 ri v W N Q Q Lu m c LU w O t o �+ Lu LL O U W Z �n j�— Nw N J 41 w 5� oiz- J20 -.r a F pJDJQp6 - O o m LL a e r Q2 U NllloU05 � o O o 0 0 m r o �S3YJVN ON � � O W m HAYWOOD DRIVE c y � O 4 Q - :tl 1 i 0 1 0 1 O l _O UIS PL 0 O O 1 n .Y4 4z O�5 I /�/� 7 aawnarroDiV avoa NlnoNODTv , S"F W H O O W BE o 0 O rc 991O10 , ,I 1010Alt 40r Z �/11a0 3700 � 9 0 �d m fe- '°s£ •' . U O O LOT 58 .g4 1 LU 4 .; 4AACKINAWDR p("' DRAFT CZA Conditions Whereas, the Iowa City 2030 Comprehensive Plan and the North District Plan include a housing goal for the provision of relocation assistance to residents that include replacement housing in the immediate area, advisory services and moving expenses, make available prior to demo of existing homes as part of any first phase of development; and Whereas, to further this housing goal, North Dubuque, LLC, is committed to constructing replacement housing comparable to what residents currently have in the existing Forest View Mobile Home Park; and Whereas, each resident will have options for replacement housing in the newly -constructed Forest View Neighborhood, condominium dwellings, or elsewhere in the Iowa City Community; and Whereas, Developer is committed to the concept of home ownership opportunities for the residents of Forest View Mobile Home Park; and Whereas, Developer is committed to minimizing the impact of permanent displacement and hardship for all current Forest View Mobile Home Park residents by offering move -related advisory services and covering expenses related to the move; and Whereas, North Dubuque, LLC will work to enhance the quality, size, and configuration of the housing to provide the residents of Forest View with the best possible housing solution; and Whereas, Developer is committed to minimizing the impact of permanent displacement and hardship; constructing the new neighborhood prior to closure of the old neighborhood; pursuing a 4% Low -Income Housing Tax Credit (LIHTC), state tax-exempt housing bond or a similar program to provide a home ownership opportunity for the residents; and Whereas, the density and design of the planned development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout; and Whereas, the development will not overburden existing streets and utilities; and Whereas, the development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development; and Whereas, the combination of land uses and building types and any variation from the underlying zoning requirements or from city street standards will be in the public interest, in harmony with the purposes of this title, and with other building regulations of the city; and Whereas, in accordance with Iowa City Code Section 14 -3A -4C, a mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. NOW, THEREFORE... 1. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. Prior to issuance of any building permit, Owner and City shall execute an affordable housing agreement detailing the terms of relocation assistance. The provisions of said agreement shall be guided by the principles of the Forest View Mobile Home Park Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is attached hereto, and shall include the provision of replacement housing, financial advisory services and moving expenses to all households residing on the above-described property upon the effective date of this Conditional Zoning Agreement. This affordable housing agreement shall foster diligent communication with residents, ensure the provision of replacement housing prior to demolition of the existing housing, and offer opportunities for homeownership to minimize the impact of displacement and hardship on the residents. Owner shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View Manufactured Housing Park; relocation to the new multi -family buildings constructed within the above-described property; and relocation not within the above-described property. Said affordable housing agreement shall be approved by the City Council. b. Development shall conform to the following strict design guidelines: i. Building fagade and materials: All structures shall be constructed of high quality, authentic materials within a range of the color palette described below and approved by the Director of Neighborhood Development Services, or designee. Authentic materials do not include material that has been made to simulate another material, unless it improves the weather -resistance, such as wood -toned products. As an example, column covers should not be made of metal to appear to be wood or stone, just as fiberboard cement panels should not be printed or stamped with wood grain. The quality and type of the primary material used on the front fagade of each building should be consistent for all remaining sides, except as allowed below. A natural pallet of colors shall be used for large expanses of walls with accent colors used for emphasis and identification of individual businesses. Acceptable building materials shall include: • Brick (2 3/8" tall, standard brick preferred); • Stone (natural or cultured); • Wood (e.g. ipe or clear cedar) or high-pressure laminate plates composed of wood -based fibers, including those manufactured by Trespa, Prodema, Resysta, or similar products; • Fiber -cement boards; • Metal panels; and • Clear or lightly tinted glass. • Corporate colors will be allowed as accents for appropriate identification of individual business. The following materials are only allowed as limited: z • Vinyl siding may be used only for manufactured homes; • Exterior insulation and finish system (EIFS) are allowed at 8 feet or more above grade; • 3 -part synthetic stucco may be used on Lots 2-15 only; • Split faced block may not be used unless used at half -story base; • Burnished block may not be used unless used at half -story base; The following materials are not allowed: • Smooth -faced concrete block; Unadorned tilt -up concrete panels; and Lower quality metal siding, such as that used for metal pole buildings. ii. Sign Master Plan: Prior to final plat approval, a master sign plan shall be submitted to and approved by the Director of Planning or designee, indicating the potential locations and design concept for common signage for the development, which may include entranceway signage, directional drainage, development signs, identification signage, masonry wall signs, monument signs and interstate signs. Signs shall use san serif type fonts, except for logos and required user franchise signage. iii. Setbacks: All buildings on Lots 5, 6, 7, and 8 shall be setback from Forest View Drive at least 15', as shown on the OPD plan. iv. Screening and Tree Preservation: Development shall include screening and tree preservation along Dubuque Street in accordance with an approved landscape plan, which the Developer shall monitor and guarantee for five years following installation. The landscape plan shall ensure the preservation of existing trees along the Dubuque Street frontage in excess of the code requirement. Notwithstanding anything herein to the contrary, there shall be a building setback of fifty feet (50') from North Dubuque Street, but appropriate tree screening and preservation may occur within said setback. v. For those lots shown as Lots 5-8, all development, regardless of size, shall comply with the Commercial Site Development Standards for Large Retail Uses set forth in Iowa City Code Section 14 -2C -6K. vi. Other Lighting Design guidelines as required by code for dark sky and minimum spill into the neighborhood. c. Signage for the following properties are limited as follows: i. For those lots shown as Lots 1-4 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that in the event that a quick servicing vehicle use is established, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. ii. For those lots shown as Lots 5-7 on the approved preliminary plat and planned development overlay plan, no free standing sign shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage limited to monument signs only. iii. For that lot shown as Lot 8 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that fascia signs may extend to the top of top story of the building. iv. For those lots shown as Lots 9-11, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8. v. Cabinet signs where the entire face of the cabinet is illuminated are prohibited. In all other regards, the signs shall comply with the Sign Regulations set forth in 14-513 and the approved master sign plan. d. For those lots shown as Lots 1-4 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. e. For those lots shown as Lots 9-11 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. f. As part of the public improvements installed for development of the above-described property, developer shall: i. design and construct a new 4 -way intersection at Forest View Road and Dubuque Street to accommodate anticipated traffic volumes from the developing areas west of Dubuque and south of 1-80, in accordance with an approved traffic study and Iowa Department of Transportation access management standards and permit, subject to review and approval by the Public Works Director. ii. design and construct a 10' wide trail in accordance with the approved preliminary plat and planned development overlay plan. g. All single-family buildings must comply with the following: 4 i. Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. ii. Each dwelling unit must have a separate main entrance that must face the street, be at an angle of up to forty-five degrees (45°) from the street, or open onto a porch. The main entrance may not face an alley. h. The following site development standards are hereby modified: i. Pursuant to 14 -2A -7(A)(3), for those lots shown as Lots 17-25, 28- 47, 58-67 and 69-72 on the approved preliminary plat and planned development overlay plan, if vehicular access to garages and off-street parking spaces are restricted to an alley or private rear late, the minimum lot size may be 4,000 square feet, the minimum lot width may be 36', and the minimum frontage may be 26'. ii. For lots 1-4, as shown on the approved preliminary plat and planned development overlay plan, notwithstanding the requirement that the development comply with CN -1 design standards set forth in paragraph above, compliance with the following such CN -1 design standards are not required: Build -to Line requirements outlined in 14 -2C - 7E; Location of Parking, Loading Drives, and Aisles outlined in 14 -2C -7F; Drive-through facilities outlined in 14 -2C -7G. Drive-throughs on these lots are not limited to financial institutions and pharmacies; pedestrian, Bicycle, and Vehicular Circulation outlined in 14 -2C -7H-1 in that pedestrian access will not be provided from N. Dubuque Street; however, pedestrian access will be provided from Forest View Drive. iii. The minimum open space requirement established in 14 -2A -4(E) for Lots 16-73, as shown on the approved preliminary plat and planned development overlay, is hereby waived. iv. In accordance with 14 -3A -4K, for those lot shown as Lots 12, 13, 14, and 15 on the approved preliminary plat and planned development overlay, the building heights may exceed the maximum of 35 -feet otherwise limited in the RS -12 zone. On Lots 12 and 13, heights may not exceed 4 -stories. On Lot 14, one 3 -story, one 4 -story and one 5-sotry building shall be allowed. On Lot 15, two 5 -story buildings. i. Storm water management Upon final plat approval, Owner shall execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private stormwater management systems to ensure that the systems will be properly maintained. 5 UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING List of Requested Modifications Forest View Development January 25, 2019 The following modification to the Iowa City Municipal Zoning Code is to be considered for approval with the Forest View Development rezoning application: 1. Lots 17-25, 28-47, 58-67, and 69-72 within Forest View Neighborhood (modular homes), are proposed at approximately 4,000 SF rather than the minimum 5,000 SF per City Code; however, via 14-2A-7 Special Provisions, minimum lot size may be reduced to 3,000 SF when vehicular access to garages and off-street parking spaces is restricted to on alley or private rear lane which is applicable for all lots identified above. Minimum lot widths may also be reduced to 30' (lots identified above are 36' in width) and frontage reduced to 20' (lots identified above have 26' frontage) when the preceding criteria are met. A modification is being requested for lot sizes and dimensional requirements based on the allowed modifications per Section 14-2A-7 Part B. CHICAGO, IL I OAK BROOK, IL I NORRISTOWN, PA I PHILADELPHIA, PA I. IOWA CITY. IA I CEDAR RAPIDS, 4A I BALTIMORE, MD UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING List of Requested Variances Forest View Development January 25, 2019 The following variances are to be considered for approval with the Forest View Development rezoning application: 1. Per City of Iowa City Code for RS -12 intent of zone, portions of this development with the proposed RS -12 zoning may be considered as multi -family use in terms of building layout. This proposal is due to the presence of Sensitive Areas and preservation thereof, with the intent to impact less footprint by combining units and utilizing elevation (stacked levels). 2. Portions of Forest View Drive do not meet the preferred maximum 600' spacing per subdivision code between public streets; however, private streets or accesses may be located withinthose distances. Spacing greater than 600' is again due to the intent to avoid impacts to preservation and sensitive areas, as well accommodate commercial development. Per City Code, 15-3-4, Layout of Blocks and Lots: To provide multiple travel routes within and between neighborhoods, block faces along local and collector streets should range between three hundred (300) and six hundred feet (600') in length and for residential subdivisions have a width sufficient to accommodate two (2) tiers of lots. Longer block faces may be allowed in cases of large lot commercial, industrial, or rural residential development, or where topography, water features, or existing development prevents shorter block lengths, although midblock pedestrian connections may be required (see section 15-3-3 of this chapter). Block faces are measured from centerline to centerline. 3. Open space requirements are not met for the manufactured home lots, Lots 16-73. A variance is being requested due to the reduced lot size identified in Item 4, above. Open Space is being proposed on Lot 49, adjacent to the storm shelter. A playground and other outdoor amenities (benches, shade trees) are proposed for this location. 4. A variance for building heights is being requested for proposed buildings on Lot 12, Lot 13, Lot 14 and Lost 15. Lots 12 and 13 propose 4 -story buildings, and Lot 14 proposes (1) 4 -story and (1) 5 -story building. Additional setback (minimum 70') is being provided on Lot 15 for the proposed 5 -story (above -grade) building. Buildings were designed with a smaller footprint and increased height in an effort to minimize impact to the surrounding sensitive areas. CHICAGO. 1L OAK BROOK IL i NORRISTOVull. PA PHILADELPHIA, PA lOWACITY, IA i ED.AR RAPIDS, IA BALTIMORE, MID Forest View Development Guidelines District Characteristics Located at the intersection of Interstate -80 and North Dubuque Street, Forest View Development has the potential to become a great new business and residential area in Iowa City. Forest View is positioned well to take advantage of its proximity to infrastructure and amenities, including the interstate, the University of Iowa, City Park, the Iowa River, and downtown Iowa City. The site is bordered by single-family and medium -density multi -family housing on the south and southwest. Fingers of ravines and heavily wooded land run along the southern edge, through which there are views to the Iowa River. A driving principle behind Forest View Development is to preserve the natural characteristics of the rugged ravines and native woodlands. Streets are designed and buildings are placed to minimize the visibility of parking and retain the greatest number of trees, and to provide connections to the Iowa River Bike Trail. There are two distinct districts in the Forest View Development: a mix of residential housing types, and a combination of office, retail, and lodging. The residential development includes 57 new single-family manufactured homes that will replace smaller, outdated mobile homes. Currently, the Forest View mobile home park is isolated from other neighborhoods in the vicinity and many of the mobile homes are located adjacent to the Interstate 80 right-of-way. When the first phase of residential development is complete, new single-family homes will be at least 300 feet away from the Interstate 80 right-of-way and there will be connectivity between these households and existing neighborhoods. Construction will be phased and coordinated to minimize disruption of current residents. As residential development expands into the center of the development, the single-family housing community will transition to multi -family development and will include a retirement village. While the new single-family residences are established and the mobile homes are removed, construction will along the eastern edge of Forest View. This district, sited not far from 1-80, has amenities that serve the interstate and Iowa City, including a market, hotels, office, and some small retail. The taller buildings in the district will be visible from the interstate, yet screened from nearby residences by surrounding trees. As the front face of the development, the commercial and office district will highlight the quality of materials and architectural construction throughout the Forest View Development. Applicability Development within Forest View must comply with the adopted planned development (OPD and Sensitive Areas Development Plan). Proposed changes to the approved OPD Plan or the Sensitive Areas Development Plan shall be evaluated per 14 -8D -7E. Development of all infrastructure, including but not limited to roadways, sidewalks, storm water, sanitary sewer, and water service shall be consistent with the approved final plat and construction drawings. In addition, these design guidelines are to be followed unless explicitly noted elsewhere in this package. These guidelines in no way reduce the adherence of the properties to local zoning or other laws observed in Iowa City. Process After approval of the planned development, final sensitive areas development plan, and final plat, staff will review all development projects within the Forest View project for consistency with these guidelines and all other applicable zoning and building regulations through the site plan review process. Design Guidelines Signap.e Signs within the Forest View development shall conform to the Iowa City Zoning Ordinance, as well as the following guidelines: • Signs to use san serif type fonts, except for logos and corporate standard signage. • Exit Ramp and 1-80 frontage east of Haywood Drive extended (Lot 5-7): Limit to standards of CC -2, CI -1 and CH -1 zones. Exception from standards and location restrictions: No free standing signs taller than 25 feet (no 65 feet highway signs). Limit free standing signs to ramp and 1-80 frontage only. Non -building signs along the Forest View Drive frontage limited to monument signs only. • Exit Ramp and 1-80 frontage west of Haywood Drive extended (Lot 8): Limit to standards of CO -1, CN -1 and MU zones. Free standing signs are prohibited. Fascia signs are not subject to the maximum height requirement, which limits fascia signs to the top of the first story. Fascia signs may extend to the top of top story of the building. • Signs along the Forest View Drive frontage (Lots 9-11) should meet the CO -1, CN -1, MU standards. • Dubuque Street frontage properties south of Haywood Drive extended (Lots 1-4): Limit to standards of CO -1, CN -1 and MU zones. Free standing signs are prohibited. Exception from standards: Allow a Quick Servicing Vehicle Use electronic changeable copy for gas pricing only. No signs shall be oriented along/face toward North Dubuque Street. • General Restrictions for entire commercial area: Prohibit cabinet signs where the entire face of the cabinet is illuminated. This should apply to both facia and monument signs. Prohibit all electronic changeable copy except for Time & Temperature signs and gas pricing signs for Quick Vehicle Serving Uses. Site Development Standards Manufactured Housing Community All single-family buildings must comply with the regulations for single-family uses in the RS -12 zone in addition to the following requirements: (A) Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. (B) Each dwelling unit must have a separate main entrance that is visible from and oriented toward the street. To meet this standard, the main entrance must face the street, be at an angle of up to forty five degrees (45°) from the street, or open onto a porch. The main entrance may not face an alley. In addition, the following RS -12 requirements have been waived per the OPD plan: Lots 17-25, 28-47, 58-67, and 69-72 within Forest View Neighborhood (modular homes), are proposed at approximately 4,000 SF rather than the minimum 5,000 SF per City Code; however, via 14-2A-7 Special Provisions, minimum lot size may be reduced to 3,000 SF when vehicular access to garages and off-street parking spaces is restricted to an alley or private rear lane which is applicable for all lots identified above. Minimum lot widths may also be reduced to 30' (lots identified above are 36' in width) and frontage reduced to 20' (lots identified above have 26' frontage) when the preceding criteria are met. A modification is being requested for lot sizes and dimensional requirements based on the allowed modifications per Section 14-2A-7 Part B. Multi -Family Buildings All multi -family buildings will be held to the multi -family design standards in the zoning code (14-213-6). This includes requirements that parking must be setback and screened from the public street, either behind the building or behind landscaping and that a main entrance must face the street and be accessible from the public sidewalk among other requirements. Commercial Buildings Commercial buildings south of the Forest View Drive and along North Dubuque Street (Lots 1, 2, 3, 4, 9, 10, and 11) shall comply with some of the regulations of the CN -1 zone. This includes, but is not limited to the use regulations, site development standards (14-2C-7), and dimensional standards. However, the development on Lots 1, 2, 3, and 4, may be built as shown on the approved OPD plan even though the development does not meet all CN -1 requirements related to build -to lines, location of parking, loading, drives, and aisles, and drive-throughs. Commercial buildings north of Forest View Drive (Lots 5, 6, 7, and 8) shall be subject to the regulations of the CH -1 zone, in addition to the standards for Large Retail Uses (14 -2C -6K), which call for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. Acceptable Materials and Usage The architectural character of the Forest View development will be very sensitive to the surrounding environment and architecture. The architectural style of the buildings will vary by function and district but shall be built of high quality, authentic materials within a range of the color palette described below. There is no determination in these guidelines for or against a particular architectural style (e.g. arts and crafts or contemporary) as long as the details and materials selections described herein are adhered to and are treated with authenticity. Authentic treatment of the architectural materials can best be described as not using a material that has been made to simulate another unless it improves the weather resistance such as wood toned products. As an example, column covers should not be made of metal to appear to be wood or stone, just as fiberboard cement panels should not be printed or stamped with wood grain. Exterior materials should at all times be authentic and avoid those that are made to look like another material. The quality and type of the primary material used on the front fagade of each building should be consistent for all remaining sides, with specific exceptions outlined in this document. Acceptable building materials for all districts (unless noted otherwise here or elsewhere): • Brick (2 3/8" tall, standard brick preferred) • Stone (natural or cultured stone) • Wood (e.g. ipe or clear cedar; Trespa, Prodema, Resysta or similar products • Fiber -cement boards • Metal panels • Clear or lightly tinted glass Restricted building materials for all districts (unless noted otherwise here or elsewhere): • Vinyl siding (Approved for manufactured homes only) • EIFS (only allowed 8 feet or more above grade) • Synthetic stucco (3 -part stucco may be accepted in specific locations) • Split faced block (unless used at half -story base) • Burnished block (unless used at half -story base) Other lower quality or less durable exterior building materials, such as smooth -faced concrete block, unadorned tilt -up concrete panels, synthetic stucco, and EIFS do not qualify as quality building materials and are restricted. 3 -part stucco may be accepted in specific locations; Split faced block and burnished copes may be used at the half -story base. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. Colors: A natural pallet of colors are approved for large expanses of walls with the opportunity for accent colors used for emphasis. Corporate colors will be allowed as accents for appropriate identification of individual businesses. A suggested pallet of colors is available for review. Parking should, wherever possible, incorporate LID technologies to reduce need for water retention and the movement of vehicle pollutants onto neighboring properties. Shared parking is encouraged. In the commercial areas, parking lots have been designed to be shared in the sense that there is not separation between lots: Lots 2-4 will have a shared parking area as will lots 9-11 and the lots north of Forest View Drive. For this reason, there should be uniform landscape screening and lighting elements that carry over from lot to lot. Bicycle parking should also be the same from lot to lot. Residential properties must provide all required parking on site and parking areas may not be shared between lots or zones. Parking will also be available on street. It is encouraged that all lighting should utilize energy efficient fixtures. LEDs are preferred. 4 Street lighting will provide a safe environment at all times along the road, sidewalks, trails, and parking areas. Exterior building lighting for each building should be of the same color temperature. Provide lighting for all entries, vehicle drop-off, and any walking surfaces. Exterior lighting shall be full cut-off. Lighting for parking areas and buildings will be subject to the zoning code standards. i FOREST VIEW DEVELOPMENT COLOR PALLET BRICK/ TERRA COTTA METAL PANELS/PANELS/TRIM STONE/CULTURED STONE .. A I Cd CD r� 1 A U r I Cd CD r� 1 A U AA. AbwAgalfw '.- E. 11 LLI :F u Z Z 0 2 Z Z D LLI Z I- U W h 2 U 4 z O tR z O i z z a D w z mo -�.® CITY OF IOWA CITY T MEMORANDUM Date: January 30, 2019 To: Anne Russett; Senior Planner From: Kent Ralston; Transportation Planner Re: Forest View Development Transportation Study Introduction Staff reviewed the Forest View Development Traffic Study (dated October 30, 2018) and the supplemental analysis (dated December 14, 2018) completed by Foth consultants. The studies assess the impacts of the Forest View Development on the surrounding roadway network including several intersections along Foster Road, the Foster Road / Dubuque intersection, a future intersection (Forest View Drive) at Dubuque Street, and the 1-80 / Dubuque interchange ramp terminals (Exhibit 1). Exhibit 1 - Study area Study Overview The study analyzes peak hour traffic and is broken down into four phases: • Phase 1 (2014) represents existing traffic conditions on the existing roadway network. • Phase 2 (2020) `opening day' represents approximately 50% of the total anticipated trips generated by the development and construction of a new intersection of Forest View Drive at Dubuque Street. February 8, 2019 Page 2 Phase 3 (2025) `full -build' represents completion of the development and 100% of the anticipated trips generated by the development. Phase 4 (2040) analyzes `full -build' conditions with an anticipated 1.7% annual growth rate to account for background traffic and to assess long-term impacts of the development. A `no -build' scenario (assuming no development) with a 1.7% annual growth rate was also provided to compare to each phase of the development. Study Results Trip Generation: It is anticipated that at `full -build' over 15,000 vehicle trips per day will be generated by the development which will be added to the existing traffic count of approximately 22,400-24,100 trips per day on Dubuque Street. Estimates of total existing traffic and estimated trips for each study phase can be seen in Exhibit 2. The `build' scenarios include traffic generated by the development (as well as 1.7% annual growth) whereas the `no -build' scenarios only include 1.7% annual growth rates without the development. Exhibit 2 - Trip generation estimates Scenario Existing 2020 No build 2020 Build 2025 No Build 2025 build 2040 No Build 2040 Build ADT On Dubuque St. 5, of EB Ramps 24,100 25,500 29,700 28,700 35,200 35,000 43,500 S. of Foster 22,400 24,600 26,900 26,900 31,500 32,500 37,100 Level -of -Service: The study utilizes performance measures and describes required improvements for each of the four development phases previously mentioned. The main performance measure used in the study is vehicle delay and corresponding level -of -service (LOS). LOS describes operating conditions based on a number of factors including speed and travel time, freedom to maneuver, traffic interruptions, and comfort & convenience. LOS A represents the best operating conditions (free-flow movement) and LOS F represents the worst conditions, i.e. extreme congestion and stop -and -go conditions. A summary of LOS, as defined by the Highway Capacity Manual (HCM) 2010, is shown in Exhibit 3. Exhibit 3 — Highway Capacity Manual Level -of -Service summary Average Delay per Vehicle {see) While the proposed development LOS Signalized Intersections Unsignolized Intersections and associated trip generation is A Less than 10 Less than 10 sizeable, the study indicates that B 10 to 20 10 to 15 vehicle movements at each of the C 20 to 35 15 to 25 study intersections will operate at D 35 to 55 25 to 35 a Level -of -Service (LOS) E or E 55 to 80 35 to 50 better during the AM and PM peak F Greater than 80 Greater than 50 travel hours at `full -build' of the development in 2025. A LOS of E is the City's desired minimum acceptable LOS for each approach of an intersection. Roadway Improvements: To meet City desired minimum acceptable LOS thresholds, a number of physical improvements to Dubuque Street will be necessary — chiefly the construction of a new intersection (Forest View Drive) at Dubuque Street. Attachment 1 illustrates the number of lanes and geometry of the intersection at `full -build' in 2025, including: dedicated north and southbound left -turn lanes, a dedicated southbound right -turn lane, dual eastbound left -turn lanes, and construction of a proposed connection from Dubuque Street to the Dubuque Street frontage road to the east. As shown in Exhibit 4, there is only approximately 24' between the existing radii of Dubuque Street and the frontage road at B'Jaysville Lane. While the connection 2 February 8, 2019 Page 3 to the frontage road at the Forest View Drive / Dubuque Street intersection is not necessary for the development, it would allow for the frontage road to be disconnected at B'Jaysville Lane if desired in the future. The purpose of the disconnection would be to ultimately improve intersection operations at the Foster Road / Dubuque Street intersection as increased traffic volumes are anticipated upon completion of the Foster Road connection to Prairie Du Chien Road in 2019. Exhibit 4 - Foster Road (B'Jaysville Lane) / Dubuque Street Intersection Due of the proximity of the 1-80 eastbound ramp terminals and the proposed Forest View Drive intersection with Dubuque Street, the Iowa Department of Transportation (DOT) required that the study show the eastbound and westbound ramp terminals at Interstate 80 can operate at a LOS D or better during peak hours in the 2025 `full -build' scenario. A LOS of D is the DOT's desired minimum acceptable LOS for the ramp terminals. Although the DOT's minimum acceptable standards are shown to be met at the 1-80 ramp terminals in 2025, the City requested that the traffic study also show how the Dubuque Street corridor would function in 2040 both with and without the proposed development. The results of the analysis indicate that without the development, LOS at the 1-80 ramp terminals will likely begin to fail in 2046 - indicating that potential capacity improvements would be needed at the interchange simply due to annual growth. The analysis further suggests that with the development the horizon year where LOS begins to fail would be as soon as 2035 (Exhibit 5). Exhibit 5 — Projected Traffic Volumes and Capacity Threshold Capacity & Projected Volumes on Dubuque Street at 1-80 E8 Ramps While the exact capacity Northbound Through PM Peak Traffic (Critical Movement) improvements that would be needed in the horizon year are not known, there is the potential 200 - that full reconstruction of the _- Dubuque Street / 1-80 interchange low may be necessary. At a minimum, the corridor would require an d additional third northbound lane on Dubuque Street (north of —N5 F9ft—il, A.041� Forest View Drive) which will 11W_KB CapwryNphPI(iF) require modifications to the northbound bridge over the interstate. Attachment 2 illustrates 1tU7n •rLi', ��r.�. d72Y {776 2tl3; additional improvements that 3 February 8, 2019 Page 4 would be necessary to maintain minimally desired LOS in the Dubuque Street corridor in 2040. Regardless of when interchange improvements become necessary, staff recommends that the capacity needs identified in the study be included in future long-range planning documents. 0 February 8, 2019 Page 5 Attachment 1 — Proposed Dubuque Street / Forest View Drive Geometry � �p —4-�E �i _I � FOREST VIEW y QllaJOkE S�EiiF��1 VIEW 71I rMkSE£TION 090kk7Rk -his , tid _2 u k a U 2025 hbk FiNCINBE$INCr 5 February 8, 2019 Page 6 Attachment 2 — Proposed Geometry of Dubuque Street in 2040 W eT � ip _ 41 _ ) ii L) lL if' ._U_ A 509 S. Gilbert Street Phone: 319.338.7557 UTILITY Iowa City, IA 52240 Fax: 319.358.2937 INFRASTRUCTURE SOLUTIONS hbk hbkengineering.com ENGINEERING Project Number: 17-0001 PRELIMINARY STORMWATER MANAGEMENT REPORT FOR THE PLANNED DEVELOPMENT - SENSITIVE AREAS REZONING OF FOREST VIEW - IOWA CITY, IOWA Dubuque Street & Interstate 80 T79N R6W Section 3 and 4 Iowa River Drainage Basin Prepared for: North Dubuque LLC May 13, 2018 Revised — August 2, 2018 Revised —September 6, 2018 Revised — October 1, 2018 UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 Executive Summary North Dubuque LLC is planning the redevelopment of 73 acres of land at the southwest quadrant of the 1-80 and N. Dubuque Street interchange in Iowa City. The property is currently single family residential use and native forest and open land. The property is accessed from N. Dubuque St. via Foster Road and Laura Drive. Plans for redevelopment include relocation of the Forestview Mobile Home Court to a new location within the property, construction of new roadways and public utilities, construction of new residential and commercial developments and preservation of forested and open land. Proposed roadways will connect directly to N. Dubuque Street, Laura Drive and to streets in the Mackinaw Village subdivision. Under the current, pre -developed conditions storm water discharges from the property at four locations: 1) the East Ravine, which aligns with Laura Drive and outlets to the south, 2) the West Ravine, in the central -southern area of the property and outlets to the south, 3) the southwest corner of the property, which outlets to the Mackinaw Village subdivision, and 4) the 1-80 drainage way, which parallels the northern boundary of the property. The majority of the property is drained by the West Ravine, but a large portion of this area will remain undeveloped. Approximately half of the area that drains to 1-80 will also remain undeveloped. The areas to be developed in the East Ravine and the southwest corner of the property will be almost fully developed and will restrict the release of storm water in compliance with the Iowa City storm water requirements. Developed area in the West Ravine and 1-80 drainage areas will also restrict the discharge of storm water per code. The development plan proposes the establishment of storm water management systems for each major area of development. Within these areas, which vary in size and land use, storm water will flow through storm sewers and drainage ways and be collected in a combination of dry bottom basins and below ground detention storage systems. Storm water will be detained in the basins and storage systems and released slowly into the ravines or 1-80 drainage way. The new roadways will also incorporate storm water management practices and provide detention storage within easements solely for roadway detention on land to be developed or integrated with the storage systems constructed for the development areas. Portions of the development will receive overland flow from land south of the property along Haywood Drive. This storm water will be channeled to the East and West ravines where it currently drains from the site. The planned development will reduce the impact of storm water flow on areas downstream of the property. This is achieved by reducing the rate at which water is released from the drainage areas to the outlet points at the property line. Technical Summary This report is being completed as part of the Planned Development, Sensitive Areas Rezoning Process through the City of Iowa City. At the time of this report, the proposed lot sizes and uses are preliminary. The drainage report will need to be supplemented or revised at the time final construction documents being prepared for street or site plan development. The intent of this report is to account for storm water management for the different drainage areas of the property to show that the concept is feasible from a storm water management view. Final design and a final storm water management report will be needed as development of the site continues. The objective of this report is to provide a storm water management analysis that models the existing and proposed conditions for the Forest View development and provide storm water management features that meet the City of Iowa City Standards and minimizes any harmful impacts to downstream properties. The site is located at the southwest corner of Interstate 80 and North Dubuque Street in Iowa City, Johnson County, Iowa. The site currently consists of the Forestview Mobile Home Court, wood lands and open space. 509 S. Gilbert Street i Iowa City, IA 52240 hbkengineering.com hbk UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 The pre -developed watershed area included in the proposed development is approximately 79 acres. Storm water currently drains from the property in five directions. Approximately 37 acres drains to the wooded ravine, referred to herein as the West Ravine, located within the western 2/3rd, of the site. The storm water from the ravine drains southward from the property towards and under Foster Road, then through the Idyllwild community and into the Iowa River. Approximately 19 acres drains to the existing wooded ravine, referred to herein as the East Ravine, located within the eastern 1/3rd of the site. The ravine drains southward along the east side of Laura Drive to Foster Road and the Dubuque Street drainage system. Approximately 13 acres drains to the north into the Interstate I-80 drainage way. The highway drainage system flows westward and discharges into the Iowa River about 1,700 feet west of the property. Approximately 8 acres of the site drains to the west and southwest into the Mackinaw Village residential community and its storm sewer system. The final area, approximately 2 acres, drains eastward into the Dubuque Street drainage system on the west side of Dubuque Street. The five watershed areas described above divide into eight separate drainage areas. Table 1 presents a summary of the drainage areas and their associated hydrographs. Table 1— Summary of Pre -Developed Drainage Areas Hydrograph Number ---7 Hydrograph Name Drainage Area (ac.) Drains to 1 Pre Area 1 4.35 Mackinaw Village 2 Pre Area 2 3.65 Mackinaw Village 3 Pre Area 3 5.54 1-80 4 Pre Area 4 7.26 1-80 5 Pre Area 5 31.54 West Ravine 6 Pre Area 6 5.39 West Ravine 9 Pre Area 7 19.20 East Ravine 10 Pre Area 8 2.09 Dubuque Street 79.02 Total Drainage Area The proposed development will be a mixed-use development with a portion for commercial use, a portion for the relocation of the Forestview Mobile Home Court residents, and a portion for new residential use. Residential development type ranges from manufactured housing to mid -rise buildings to senior living. Developed areas will provide vehicle parking appropriate to their developed land use. Some development will incorporate parking below the buildings to supplement surface parking lots. The post -developed watershed area included in the proposed development is approximately 78.2 acres. Analysis was grouped into the five major pre -developed drainage areas: SW Residential (Mackinaw Village), 1-80, West Ravine, East Ravine and Dubuque Street. Each of these areas have additional sub -drainage areas that define the native, developed and offsite drainage areas within the larger watershed. Post Area 1— SW Residential drains to the West Ravine (per Iowa City request) and is approximately 13 acres in size. Post Area 2 —1-80 drains to the Interstate 1-80 drainage way and is approximately 12 acres. Post Area 3 — West Ravine drains to the West Ravine and is approximately 32.5 acres. Post Area 4 — East Ravine drains to the East Ravine and is approximately 19 acres in size. And Post Area 5 — Dubuque Street drains approximately 1.5 acres to the Dubuque Street drainage system. Table 2 presents a summary of the post -developed drainage areas and their associated hydrographs. Table 2 — Summary of Post -Developed Drainage Areas Hydrograph Number ---7 Hydrograph Name Drainage Area (ac.) Drains to 12 Post Area 1 13.33 West Ravine 16 Post Area 2 11.99 1-80 22 Post Area 3 32.48 West Ravine 27 Post Area 4 19.05 East Ravine 31 Post Area 5 1.38 Dubuque Street 78.23 Total Drainage Area 509 S. Gilbert Street ii Iowa City, IA 52240 hbkengineering.com hbk UTILITY NNFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 Table 3 present a summary and comparison of the drainage areas that comprise each drainage area in the Pre - Developed and Post -Developed condition. Most of the pre- and post- drainage areas remained the same size except for the West Ravine which will expand to include the post -development drainage area of the SW Residential area. Table 3 — Comparison of Pre -Developed and Post -Developed Drainage Areas PRE -DEVELOPED POST -DEVELOPED Area ID Drainage Area (ac.) Area ID Drainage Area (ac.) Lots Ven Te Chow Area ID 1,2 8.00 1 SW Residential 13.33 16-48, 50-73 H Outlot D H ROW H 3,4 12.80 180 11.98 8 F 2 OutlotsE, F n/a 5,6 36.93 3 West Ravine 32.48 10 E2 11 E3 12 K1 13 K3 14 K2 15 G ROW FVD-CENTRAL 74, 75, Outlot H n/a Offsite A, B n/a 7A, 7B 19.20 East Ravine 19.06 1 (partial) B 2, 3, 4 (partial) C 4 (partial), 5 (partial) GAS 1 5 (partial),6 D ROW FVD-EAST Offsite A (incl. Outlot B, C) n/a Offsite B n/a (part of Outlot A) 8 2.09 5 Dubuque St 1.37 N. of FVD n/a (partial Lot 2, 4) S. of FVD (partial Lot 1 & Outlot A) n/a 79.02 78.22 The NRCS (hydrograph) method was used to estimate the peak release rates for pre- and post -developed drainage areas. Some of the post -developed drainages areas will remain in their native condition or be enhanced with stormwater BMPs. The release rate from these native areas has been estimated by hydrograph method. The release rate from developed areas is restricted by Iowa City ordinance to 0.15 cubic feet per second per acre of developed land. Table 4 presents a summary of the peak release rates for pre- and post -developed drainage areas. 509 S. Gilbert Street iii hbk Iowa City, IA 52240 hbkengineering.com Enci,vEExrn,c UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 Table 4 - Peak Release Rate Summary (cfs) 1-80 Rain Event PRE -DEVELOPED POST -DEVELOPED (AREA 2) Recurrence Interval AREA 3 AREA 4 TOTAL Outlot E, F Lot 7, 8 TOTAL 5 -yr 6.072 18.83 24.90 8.00 0.85* 8.85 100 -yr 19.43 44.84 64.27 25.47 0.85* 26.32 SW RESIDENTIAL Rain Event PRE -DEVELOPED POST -DEVELOPED (AREA 1) Recurrence Interval AREA 1 AREA 2 TOTAL AREA 1 5 -yr 5.80 4.60 10.40 2.0* 100 -yr 17.94 14.66 32.60 2.0* WEST RAVINE Rain Event PRE -DEVELOPED POST -DEVELOPED (AREA 3) Recurrence Interval AREA 5, 6 74,75 Outlot H Offsite A Offsite B 10-15, FVD- CENTRAL TOTAL 5 -yr 57.82 10.80 4.11 2.89 2.79* 20.59 100 -yr 155.31 34.67 10.80 7.60 2.79* 55.86 COMBINED SW RESIDENTIAL & WEST RAVINE Rain Event PRE -DEVELOPED POST -DEVELOPED Recurrence Interval SW RES W. RAVINE TOTAL SW RES W. RAVINE TOTAL 5 -yr 10.40 57.82 68.22 2.0 20.59 22.59 100 -yr 32.60 155.31 187.91 2.0 55.86 57.86 EAST RAVINE Rain Event PRE -DEVELOPED POST -DEVELOPED (AREA4) Recurrence Interval AREA 7A AREA 713 TOTAL 1-6, 9, B, C, FVD-EAST Offsite A Offsite B TOTAL 5 -yr 26.40 16.12 42.52 1.77* 18.27 1.05 21.09 100 -yr 65.80 40.19 105.99 1.77* 45.02 3.27 50.06 DUBUQUE ST Rain Event PRE -DEVELOPED POST -DEVELOPED (AREA 5) Recurrence Interval AREA 8 N. of FVD S. of FVD TOTAL 5 -yr 3.73 1.02 2.33 3.35 100 -yr 10.42 2.81 6.42 9.23 NOTE: All flow rates determined by hydrograph, except values noted with * which are allowable release for developed area per city code (0.15 cfs/ac). The increases in peak discharge for Post -Developed areas shown in the hydrographs (see appendix) as compared to the Pre -Developed condition is due to the development of the land and the increase in impervious pavement and buildings. The final peak discharge rates shown in Table 4 reflect the incorporation of Qauowable for developed land. To offset the reduction in release rate storm water detention storage is required. 509 S. Gilbert Street iv hbk Iowa City, IA 52240 hbkengineering.com Enci,vEexrNc UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 The City of Iowa City requires the use of the Ven Te Chow method (Hydrologic Determination of Waterway Areas for the Design of Drainage Structures in Small Drainage Basins, Engineering Experiment Station Bulletin No. 462) in determining the runoff volume required to be detained on developed land. The detention storage volume determined by the Ven Te Chow method is compared to the maximum storage volume required per city code, which is equal to 4.5 acre-inches/acre of development. The lessor of the two values is taken as the required amount of detention storage. Table 5 presents a summary of the maximum storage volumes determined by this analysis. Table 5 - Detention Storage Volume Required Summary Area Lot Number Volume (cf) Method* Drains To Area B 1 26,953 4.5 East Ravine Area C 2, 3, 4 (partial) 49,039 4.5 East Ravine Area D 5 (partial), 6 39,882 4.5 East Ravine Area E1 9 17,805 4.5 East Ravine Area E2 10 12,088 4.5 West Ravine Area E3 11 14,702 4.5 West Ravine Area F1 7 33,977 4.5 1-80 Area F2 8 58,316 4.5 1-80 Area G 15 51,619 4.5 West Ravine Area H ROW, 16-48, 50-73, Outlot D 217,746 4.5 West Ravine Area K1 12 34,630 4.5 West Ravine Area K2 14 84,942 4.5 West Ravine Area K3 13 59,459 4.5 West Ravine GAS 1 4 (partial), 5 (partial) 15,285 V East Ravine FVD-EAST ROW 1 31,527 1 4.5 1 East Ravine FVD-CENTRAL ROW 1 46,391 1 4.5 1 West Ravine * Volume determined by: V = Ven Te Chow, 4.5 = City Code The development team's intention is to include basins or bio -retention areas and other best management practices where possible to minimize underground storage, as well as enhance the storm water management plan. Where underground storage is proposed, it is intended to be a closed system that does not infiltrate storm water into the ground, although that is an option, should soil conditions be favorable. The drainage reports will need to be updated/supplemented in order to model each site during the site plan review process as layouts are adjusted. Table 6 presents a summary of the detention storage analysis of each developed area and the proposed approach to storage, by either dry bottom basins, underground storage or a combination of both. Table 6 - Detention Storage Summary for Post -Developed Areas 509 S. Gilbert Street v Iowa City, IA 52240 hbkengineering.com hbk Area 1 - SW RESIDENTIAL DRAINAGE AREA LOT SIZE (acres) CN Qallowable Volume (cu.ft.) Volume (ac.ft.) Storage Method H 16-48, 50-73, Outlot D, ROW 13.33 88 2.00 217,746 5.00 Basin Total 13.33 1 88 1 2.00 217,746 5.00 Area 2 - 1-80 DRAINAGE AREA LOT SIZE (acres) CN Qallowable Volume (cu.ft.) Volume (ac.ft.) Storage Method F1 7 2.08 90 0.31 33,977 0.78 UG F2 8 3.57 90 0.54 58,316 1.34 UG Total 5.65 90 0.85 92,293 2.12 509 S. Gilbert Street v Iowa City, IA 52240 hbkengineering.com hbk UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 Appended to this report is the "Preliminary Stormwater Best Management Practices Plan" by Impact7G. The plan proposes the installation of BMPs in the West Ravine and Outlots E & F. These areas are not planned for development and are well suited for implementation of measures to improve the water quality of storm water discharged from the Forest View development as well as to reduce the volume of water discharged. The storm water management measures discussed in this Technical Summary will provide the necessary control of storm water for the development independent of the application of BMPs. Implementing BMPs in the ravine and outlots would allow for a reduction in the volume of detention storage required on Lots 14 & 15 and in the southwest residential area. The potential benefits of BMP enhancements to the storm water management plan is discussed in the narratives for Areas G,Hand K. This project is affected by many Iowa City classified Sensitive Features including steep slopes, woodlands, and wetlands. These sensitive features are mentioned within this report as consideration of these features will be required with the final design of storm water outlets to the ravine to ensure a controlled release and to protect the sensitive slopes. A typical approach would be to discharge the pipe at the toe of the slope and provide outlet protection to minimize erosion of the slope. This is the approach modeled within this report. Other options are being considered that could move the pipe discharge up the slope and proved slope protection devices. These systems are being considered in conjunction with Impact7G/EarthView Environmental (see appendix). If a system similar to this would be used, supplemental calculations would need to be completed for City of Iowa City review at that time. A full NRCS analysis routing hydrographs thru ponds for detention was not performed at this time because the storage results would be less than those determined by the Ven Te Chow method. Hydrograph routing will be performed during final engineering to confirm the results of this report. Also, the Ven Te Chow requirement is a more conservative design than the SUDAS methodology. By meeting the Ven Te Chow volume, we will meet the SUDAS 509 S. Gilbert Street vihbk Iowa City, IA 52240 hbkengineering.com ENCIMEE Area 3 - WEST RAVINE DRAINAGE AREA LOT SIZE (acres) CN Qallowable Volume (cu.ft.) Volume (ac.ft.) Storage Method E2 10 0.74 91 0.11 12,088 0.28 UG E3 11 0.90 91 0.14 14,702 0.34 UG K1 12 2.12 86 0.32 34,630 0.80 Basin/UG K2 14 5.20 91 0.78 84,942 1.95 Basin/UG K3 13 3.64 86 0.55 59,459 1.37 UG G 15 3.16 88 0.47 51,619 1.19 Basin/UG Forest View Dr. ROW 2.84 89 0.43 46,391 1.07 Basin Total F 18.60 89 1 2.79 303,831 6.98 Area 4 - EAST RAVINE DRAINAGE AREA LOT SIZE (acres) CN Qallowable Volume (cu.ft.) Volume (ac.ft.) Storage Method B 1 1.65 91 0.25 26,953 0.62 UG C 2, 3, 4 (partial) 3.00 86 0.45 49,039 1.12 UG D 5 (partial), 6 2.44 90 0.37 39,882 0.92 UG E1 9 1.09 84 0.16 17,805 0.41 UG GAS 1 4 (partial), 5 (partial) 1.69 74 0.25 15,285 0.35 UG Forest View Dr. ROW 1.93 89 0.29 31,527 0.72 Basin Total 11.80 87 1.77 180,491 4.14 GRAND TOTAL 49.38 7.41 794,360 18.23 Appended to this report is the "Preliminary Stormwater Best Management Practices Plan" by Impact7G. The plan proposes the installation of BMPs in the West Ravine and Outlots E & F. These areas are not planned for development and are well suited for implementation of measures to improve the water quality of storm water discharged from the Forest View development as well as to reduce the volume of water discharged. The storm water management measures discussed in this Technical Summary will provide the necessary control of storm water for the development independent of the application of BMPs. Implementing BMPs in the ravine and outlots would allow for a reduction in the volume of detention storage required on Lots 14 & 15 and in the southwest residential area. The potential benefits of BMP enhancements to the storm water management plan is discussed in the narratives for Areas G,Hand K. This project is affected by many Iowa City classified Sensitive Features including steep slopes, woodlands, and wetlands. These sensitive features are mentioned within this report as consideration of these features will be required with the final design of storm water outlets to the ravine to ensure a controlled release and to protect the sensitive slopes. A typical approach would be to discharge the pipe at the toe of the slope and provide outlet protection to minimize erosion of the slope. This is the approach modeled within this report. Other options are being considered that could move the pipe discharge up the slope and proved slope protection devices. These systems are being considered in conjunction with Impact7G/EarthView Environmental (see appendix). If a system similar to this would be used, supplemental calculations would need to be completed for City of Iowa City review at that time. A full NRCS analysis routing hydrographs thru ponds for detention was not performed at this time because the storage results would be less than those determined by the Ven Te Chow method. Hydrograph routing will be performed during final engineering to confirm the results of this report. Also, the Ven Te Chow requirement is a more conservative design than the SUDAS methodology. By meeting the Ven Te Chow volume, we will meet the SUDAS 509 S. Gilbert Street vihbk Iowa City, IA 52240 hbkengineering.com ENCIMEE UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Project Number: A17-0001 methodology for release rate. Construction and Post -Construction Considerations The Forest View development is expected to be constructed in phases, beginning initially with the SW Residential neighborhood and then subsequent commercial and residential developments. Although this report evaluates the project's stormwater management system in its completed state for the entire Forest View area, the stormwater plan will need to be tailored during construction to coordinate the management of runoff from undeveloped land within the project with that of the built property. This may entail construction of temporary facilities that reduce the rate and/or volume of storm runoff from undeveloped parcels. Appropriate sediment and soil erosion control measures will be applied during each phase of the project to reduce the impact of construction activities on the storm sewer and management facilities already in place. Throughout development of the preliminary design presented in this report consideration has been given to the operation and maintenance of the completed stormwater management system. The development of public facilities has been approached with the intent to avoid specialized maintenance operations. Roadway sewers will be designed to comply with Iowa City standards and practices. Detention storage facilities will be open, dry bottom basins. Underground storage is proposed for private developments and would consist of a non -infiltrating, precast concrete storage chamber. The chamber's interior will vary in height but be accessible via manhole covers for inspection and cleaning. Industry standard practices, such as vortex structures, can be installed upstream of the storage to improve the quality of the water entering the chambers. Following are exhibits showing an overall view of the project and storm water related elements and separate report sub -sections that present a narrative, analysis results and exhibits for each of the proposed areas to be developed. 509 S. Gilbert Street vii hbk Iowa City, IA 52240 hbkengineering.com Enci,vEexrNc Seven Generations into the future —and beyond TM PACT%G )) December 21, 2018 To: City of Iowa City Staff From: Impact7G, Inc. and HBK Engineering Re: Forest View Woodland Replacement/Mitigation Plan The goals of the woodland preservation plan are to meet the following: • Meet City Code requirements; • Align with the recommendations in the City of Iowa City's Natural Areas Inventory and Management Plan; • Maintain and enhance the quality of woodlands on the Forest View property. Although less than half of the woodlands are expected to be impacted, a total of 37.5% of the property's woodland will be preserved as "woodland retention", which falls short of the 50% requirement for an OPD/RS-12 zone (see Table 1). The proposed density represents the required number of units necessary to make the project economically viable and every effort was made to shift buildings and reduce parking areas to accommodate as much woodland preservation as possible. Table 1- Sensitive Areas - Residential Woodlands Existing Woodlands Woodland Impacts Woodlands - Not Impacted Woodland Mitigation Required Acres Percent 30.57 100% 15.09 49.36% 15.48 50.64% Preserved 11.47 37.52% Grove/Remnant Wooded Buffer (existing trees) Woodland Mitigation: # of Trees Required [(1) tree for every 200 sq. ft. of impact over 50%] 0.49 1 1.60% 3.52 1 11.51% 3.815 1 12.48% 831 1 Trees The engineering layout of the development and respective positioning of buildings and parking was subject to numerous site constraints, including but not limited to the following: • The need for single family replacement housing for current Forest View residents; • Limitations to density on the west side of the project due to the requirement of a natural transition to the Mackinaw Village neighborhood; • Challenging topography of the site, which makes it difficult to avoid impacting woodlands, as well as steep slopes and wetlands; • The presence of existing gas pipelines and an associated easement that run throughout the site and therefore limit development options; • Residential setback requirements from 1-80 limit the available land area for residential development; • The need for a roundabout at the intersection of Forestview Drive and Algonquin Drive; 9550 HICKMAN RD, STE 105 CLIVE, IA 50325 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM • The need for secondary access for the Peninsula Neighborhood & Mackinaw Village due to the potential flooding of Foster Road requires a road connection that will impact existing woodlands. Despite these site constraints, there is an opportunity for woodland replacement and enhancement on-site, especially on the north side of the property along 1-80 that will improve the buffer between the development and interstate. As described in Table 2 below, the development team will provide the following replacement trees: Table 2 - Residential Woodland Replacement Calculations Tree Type Acres Replacement Woodland/Mitigation Trees (areas identified in 4.62 Appendix A) Trees Replacement/Mitigation Trees in Identified Areas (see Appendix 578 A) Street Trees 109 Site Trees (required by ordinance)* TBD Parking Trees (native species will be used) 75 Total Replacement Trees 762 F Number of native replacement trees not in identified placement/mitigation areas will be provided by HBK Maintenance The development team will ensure that all replacement tree will be monitored for a minimum of five (5) years, which would involve an annual tree survey. The surveys would be conducted in the early -summer of each year and would observe tree and shrub plantings for viability. The survey includes repairing any damaged stakes or tubes, as well as removing unwanted vegetation from tree tubes where needed. If dead trees are observed, they will be replaced on a one-to-one ratio. An annual report will be prepared following the annual tree survey. The report will summarize the monitoring and corrective actions taken. Woodland Enhancement If the number of on-site replacement trees does not meet the 50% woodland preservation requirement, the following options are available: • Plant trees within the woodland preservation areas to enhance the quality of forest (preferred alternative); or • Plant trees off-site in a location approved by the City of Iowa City. The preferred alternative, woodland enhancement, would include the following: • Planting native shrubs along the forest edge. Native shrubs, such a hazelnut, serviceberry, gooseberry, etc., grow edible berries as an amenity for residents of the Forest View development and for wildlife that resides in the woodland preservation areas; • Removing invasive woody vegetation. First and foremost, this should entail removal of invasive woody species such as non-native honeysuckle and Siberian elm. Selectively thinning dense or aggressive native 12 9550 HICKMAN RD, STE 105 CLIVE, IA 50325 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM woody species in the understory may also be warranted, depending on restoration goals. Removing invasive and aggressive woody vegetation opens opportunities to plant native trees and shrubs, which increase the variety of food and material for wildlife. This plan is consistent with the City of Iowa City's Natural Areas Inventory and Management Plan; Native woody plantings can help stabilize and diversify forests, woodlands, and savannas, provide vegetative screening for sensitive wildlife, and initiate a trajectory towards a more natural structure and healthier ecological community. List of native trees and shrubs to be planted: see Appendix B. 13 9550 HICKMAN RD, STE 105 CLIVE, IA 50325 (P) 515.473.6256 (F) 515.528.8005 WWW.IMPACT7G.COM m F, cl ID C1 0 Appendix B Street Trees - Large Acer nigrum Black maple Acer saccharum Sugar Maple Quercus imbricaria Shingle oak Quercus macrocarpa Bur oak Quercus rubra Red oak Quercus ellipsoildalis Northern pin oak Quercus alba White oak Carya cordiformis Bitternut hickory Tilia americana American basswood Carya ovata Shagbark hickory Carya tomentosa Mockernut hickory Juglans cinerea Butternut Aesculus glabra Ohio buckeye Quercus muehlenbergii Chinkapin oak Quercus velutina Black oak Celtis occidentalis Common hackberry Street Trees - Small Malus ioensis Prairie crabapple Edible fruit Gymnocladus diocus Kentucky coffeetree Ostrya virginiana Hop Hornbeam Prunus americana American plum Edible fruit Euonymus atropurpureus Eastern wahoo Carpinus caroliniana American Hornbeam Cercis canadensis Red bud Restoration Areas - Upland Acer nigrum Black maple Quercus imbricaria Shingle oak Quercus macrocarpa Bur oak Quercus rubra Red oak Quercus ellipsoildalis Northern pin oak Quercus alba White oak Carya cordiformis Bitternut hickory Edible nut Tilia americana American basswood Carya ovata Shagbark hickory Edible nut Carya tomentosa Mockernut hickory Edible nut Juglans cinerea Butternut Edible nut Aesculus glabra Ohio buckeye Edible nut Quercus muehlenbergii Chinkapin oak Quercus velutina Black oak Celtis occidentalis Common hackberry Ostrya virginiana American hophornbeam Prunus americana American plum Edible fruit Juglans nigra Black Walnut Edible nut Prunus nigra Black Cherry Edible nut Euonymus atropurpureus Eastern wahoo Carya glabra Pignut Hickory Edible nut Restoration Area - Lowland Quercus palustris Pin oak Quercus bicolor Swamp white oak Carya laciniosa Shellbark hickory Edible nut Platanus occidentalis American sycamore Ulmus americana American elm Betula nigra River birch Gymnocladus diocus Kentucky coffeetree Celtis occidentalis Common hackberry Viburnum trilobum Highbush Cranberry Edible fruit Staphylea trifolia Bladdernut Edible nut Spirea Alba Meadowsweet Amorpha furticosa Indigo Bush Cephalanthus occidentalis Common buttonbush Euonymus atropurpureus Eastern wahoo Carya illinoensis Pecan Edible nut -�.® CITY OF IOWA CITY T MEMORANDUM Date: February 21, 2019 To: Planning and Zoning Commission From: Anne Russett, Senior Planner, Neighborhood & Development Services Re: REZ18-00013/SUB18-00006 Forest View; Sensitive Areas Development Plan, Rezoning, and Preliminary Plat Introduction At the Commission's informal meeting on Monday, February 4, several questions were raised regarding the proposed rezoning and subdivision applications for Forest View. This memo provides answers to the questions raised. The applicant will also address some of the questions raised during their presentation to the Commission at the formal meeting on February 21. In addition, staff received correspondence from members of the public regarding the proposed project. All correspondence received as of Thursday, February 14, 2019 is attached. Any additional correspondence received will be provided to the Commission either in advance of or at the meeting on February 21, 2019. Questions from the Informal Meeting Question 1. What were the results of the good neighbor meetings? Who was invited to these meetings? On November 13, 2016 the applicant held three good neighbor meetings — at 3 PM, 5 PM, and 6:30 PM. The applicant held another good neighbor meeting on December 11, 2017. Notes from these meetings have been provided by the applicant [Attachment 1]. The applicant followed the City's recommendations on good neighbor meetings and mailed out meeting notices to property owners within 300 feet of the project site. Question 2. What has changed to the project since the Commission reviewed it in April 2018? In terms of the single-family, manufactured housing community, the applicant made the following changes: - The private open space area (Outlot D) moved from the west side of the community to the south and the size increased from 0.62 to 1.65 acres. - Flint Drive was extended through to provide both a pedestrian and vehicular connection. - The lots along the western portion of the project site meet the minimum 5,000 square feet requirement. The applicant is also proposing a landscaped buffer along the western edge between the existing single-family homes on Mackinaw Drive and the proposed manufactured housing community. - The number of manufactured housing lots was reduced from 59 to 57. - A lot was added to identify the community center. The April 2018 version of the preliminary plat included a lot near the manufactured housing community that contained a 4 -story, 24 -unit multi -family building. This has been removed from the plans. February 15, 2019 Page 2 • The applicant worked with staff on the site layout for Lot 14. The original proposal did not meet the City's multi -family design standards. In the revised proposal, all three buildings front a public street and parking is provided toward the center of the site, behind the buildings. • The applicant identified the locations and size of the private open space areas on the multi -family lots. • The applicant worked with staff on changes to the Sensitive Areas Development Plan and identified the location of the replacement trees required due to the impacts the development will have on existing woodlands. • The applicant submitted detailed landscaping plans that identify proposed screening, site trees, street trees, parking trees, and replacement trees. • The applicant worked with a consultant and submitted a traffic study. The City has reviewed the traffic study and concurs with the findings. • The applicant worked with City staff to address concerns related to storm water management. Question 3: What is the status of the Idyllwild diversion project and how does it relate to the proposed project? The City entered into a Consultant Agreement with HR Green, Inc. on September 19, 2017, for the Idyllwild Storm Water Drainage Diversion Project. This agreement authorizes HR Green, Inc. to evaluate the results of the 2016 Idyllwild Drainage Diversion Study to determine the best alternative, develop preliminary pump station design for the Idyllwild Flood Mitigation System, prepare preliminary and final design for the desired alternative, and provide bidding and construction phase services for the Idyllwild Drainage Diversion Project. The project includes the construction of new storm sewer under Foster Road and a storm water bypass along the west side of No Name Road to the Iowa River. The project will also evaluate pumping requirements for the Idyllwild Subdivision, but at this time there is no funding for a pump station. The Idyllwild Storm Water Drainage Diversion Project is still in preliminary design. Development in the northern part of the watershed was considered when designing the Idyllwild Drainage Diversion Project. However, the proposed Forest View development still needs to meet the City's storm water management requirements on-site and will not be allowed to use projects or development downstream as storm water management. The tentative timeline for the project is bidding in late spring/early summer and construction in late summer/early fall. Question 4: Provide more detail on the lot size for the manufactured housing and the lot size reduction requested. The applicant is proposing a modification to the size of the lots for the single-family manufactured housing community. The RS -12 zone has a minimum lot size requirement of 5,000 square feet. Several lots within the proposed development are less than 5,000 square feet, but none are less than 4,000 square feet. In addition, several lots do not meet the minimum lot width of 45 feet or the minimum frontage requirement of 40 feet. The plans show widths and frontages around 36 feet. The zoning code allows for these reductions in lot size and lot width for projects that restrict vehicular access to garages and off-street parking spaces to private rear alleys. The plans meet this requirement provided for in the zoning code. In terms of density, the proposed manufactured housing community is around 8 dwelling units per acre. This density is lower than the density allowed in the RS -12 zone for attached single- family housing, which allows a lot size of 3,000 square feet (14 dwelling units per acre). February 15, 2019 Page 3 Question 5: The City has been interested in allowing smaller lots and encouraging missing middle housing types (e.g. four courts, row homes, townhomes). Please provide an update on these efforts. In January 2019, the City entered into a consultant agreement with Optics Design, Inc for the creation of a form -based code for a portion of the South District. This project is an extension of work that Opticos did in Iowa City in 2017, which looked opportunities for missing middle housing in both the Northside neighborhood and the South District. The City Council directed staff to move forward with a form -based code for a portion of the South District, which will look at ways to allow a diversity of housing types. Question 6: Explanation of the open space proposed for the manufactured housing community. The Commission raised concerns regarding the lack of private open space on the individual lots and questions were raised regarding Outlot D, which will provide communal private open space. The zoning code requires that single-family homes have at least 500 square feet of usable open space located behind each dwelling unit. Due to the small size of the manufactured housing lots and the location of the garage and parking behind the homes, some of the lots will not be able to provide 500 square feet behind the dwelling units. However, based on the proposed layout of the homes there will be open space areas in the front and side yards for gardening and other activities. The City also allows gardening in the public right-of-way. Five -hundred square feet of open space on the 57 manufactured housing lots would total 0.65 acres of private open space. The applicant has proposed providing a communal open space area of 1.65 acres for the manufactured housing community on Outlot D. The lots furthest from Outlot D are approximately 560 feet away. For comparison purposes, the length of two blocks within downtown Iowa City is around 650 feet. Outlot D also functions as a dry basin for storm water management, similar to how the City's Scott Park functions. Question 7. Has traffic calming along Forest View Drive been explored? It would be unusual to have traffic calming devices along this roadway due to the number of commercial uses proposed on this corridor; however, traffic calming could be explored. One option includes bump outs. Another option would be planted medians. In addition, parking is allowed on both sides of Forest View Drive, which could also help calm traffic. Question 8. What was the previous rezoning proposal? The applicants, North Dubuque LLC and Forest View Tenants Association, have requested a rezoning from ID -RS, OPD/RS-12, and RM -12 to OPD/RS-12 for 45.58 acres and from ID -RS, OPD/RS-12, and RS -5 to OPD/CH-1 for 23.83 acres. This proposal is the same as the rezoning proposal discussed with the Commission last April. Question 9: If approved, how much of the plan can change in the future. For example, could the proposed senior housing become another type of multi -family housing? The zoning code outlines requirements for when approved OPD plans are changed. Non - substantive changes can be approved administratively. Substantive changes cannot be approved administratively and need to go back through the formal amendment process, which requires a review and recommendation from the Planning and Zoning Commission, and formal approval from Council. A substantive change is any significant change in the land uses, street locations, or character of the development from what is shown on the approved OPD plan or sensitive areas development plan or any variation from the underlying zoning requirements or street standards beyond the ranges approved on the preliminary OPD plan or preliminary sensitive areas development plan. February 15, 2019 Page 4 In terms of the proposed senior housing, there is currently nothing that would require the development of senior housing. If the Commission determines that the housing proposed should only be for seniors, a condition should be added to the conditional zoning agreement stating such. Question 10: In terms of greenspace for residences, what is the public open space dedication requirement? Based on the 50.31 acres proposed for residential rezoning, the applicant must dedicate 2.82 acres of land or pay fees in lieu of. Fees would be applied to parks within the Foster Road Open Space District and finalized during the final platting process. Currently, there is no proposed on- site public open space. Question 11: There were several questions regarding the relocation plan for the existing tenants of the Forest View Mobile Home Park. There were also questions regarding the floor plans of the single-family, manufactured homes. Staff will defer these questions to the applicant; however, as a condition of the rezoning staff recommends that the applicant execute and affordable housing agreement with the City (to be approved by the City Council), which will outline the operative provisions of the relocation plan. Here is the specific language of the proposed condition: Prior to issuance of any building permit, Owner and City shall execute an affordable housing agreement detailing the terms of relocation assistance. The provisions of said agreement shall be guided by the principles of the Forest View Mobile Home Park Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is attached hereto, and shall include the provision of replacement housing, financial advisory services and moving expenses to all households residing on the above- described property upon the effective date of this Conditional Zoning Agreement. This affordable housing agreement shall foster diligent communication with residents, ensure the provision of replacement housing prior to demolition of the existing housing, and offer opportunities for homeownership to minimize the impact of displacement and hardship on the residents. Owner shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View Manufactured Housing Park; relocation to the new multi -family buildings constructed within the above-described property; and relocation not within the above- described property. Said affordable housing agreement shall be approved by the City Council. Question 12: Are there limits to the number of bedroom in the multi -family buildings? The zoning code regulates the number of bedrooms in residential uses. For multi -family buildings, the zoning code does not allow more than 3 -bedrooms in multi -family dwelling units. February 15, 2019 Page 5 Question 13: Please explain the access and layout of the roadways. The main access to the site will be off N. Dubuque Street via the proposed new public road, Forest View Drive. The site will also be accessible from Foster Road to the south via Laura Drive. Further west along Foster Road, the site will be accessible via an extension of Algonquin Road. From Mackinaw Drive, the site will be accessible via an extension of Flint Drive. The map below shows the access points with red arrows. ' 1 � ° , . 4A 02 *** : N p�iyY�i� a �,�y ire; t .�` '► ,- r Question 14: There were some questions regarding the entrance along N. Dubuque Street and if there were any line of sight issues. Does the sign master plan requirement address line of sight? The zoning code has vision triangle regulations that are there to ensure intersections are safe and visibility is maximized. The vision triangle is an area at the corner of the intersection where obstructions are prohibited (see image below). Prohibited obstructions include, but are not limited to, hedges and walls, structures, parking, and signs that impede visual clearance. LOCAL or COLLECTOR LOCAL( COLLECT ARTERIAL tTERIAL February 15, 2019 Page 6 During the final platting process, Public Works staff will review the construction plans for the roadway. Staff does not currently have that level of detail for the proposed roadway, but will ensure through the review of the construction documents that there are no obstructions within the vision triangle that would inhibit visibility. Regarding signs, staff has proposed a condition to the rezoning that would prohibit the orientation of any signs toward N. Dubuque Street. Question 15: What are the next steps? What comes back to the Planning and Zoning Commission? Assuming approval of the rezoning and preliminary plat from the City Council, the Council will also need to review and approve the final plat, as well as any economic development incentives requested. The City Council, per the draft conditional zoning agreement, would also need to review and approve the affordable housing agreement. The Planning and Zoning Commission would review substantive changes to the final OPD plan should any be proposed. Attachments: 1. Good Neighbor meeting summaries, November 13, 2016 & November 11, 2017 2. Correspondence from members of the public Approved by: 1 Daitzman, AICP, Development Services Coordinator Neighborhood & Development Services UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Forest View Good Neighbor Meeting Notes Date Held: November 13, 2016 Time: 3:00 pm Attendees: 47 people in attendance, including residents of Forest View Mobile Home Park and representatives of the City of Iowa City, HBK Engineering and North Dubuque, LLC Location: Iowa City Elks Lodge, 637 Foster Road, Iowa City, IA The following are comments/questions heard from the attendees: • Are Mobile Homes allowed in the new development? • What is the timeline for development? • Is there an income ceiling for tax credit and will it be gross or net income? • Who pays the property taxes? • After 15 years does price per month still go up 2% a month? • If someone is renting now, do they have access to a new home? • If they are currently living in a 3 bedroom, can they go to a 4 bedroom home? If so, how much will it be? • Discussion about the positive and informative monthly meetings with members of the Forest View Tenants Association at the Center for Worker Justice offices. • Everyone needs to be heard- be loud! • Is it possible to purchase the new home at year 10 instead of year 15? • Will the homes be one or two stories? • Will all of the appliances be included? • What are the lot sizes? • How much will the house be worth in 15 years? • A lot of emphasis on everyone working together I concur that this is a representation of comments expressed at the November 13, 2016 Good Neighbor Meeting. Doug Boothroy, Director Neighborhood and Development Services, City of Iowa City CHICAGO, IL I OAK BROOK, IL I NORRISTOWN, PA I PHILADELPHIA, PA I IOWA CITY, IA I CEDAR RAPIDS, IA UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Forest View Good Neighbor Meeting Notes Date Held: November 13, 2016 Time: 5:00 pm Attendees: 35 people in attendance, including residents of Mackinaw Village, Oak Grove Condominiums, Haywood Drive, Foster Road and Knollwood Lane. Plus representatives of the City of Iowa City, HBK Engineering and North Dubuque, LLC. Location: Iowa City Elks Lodge, 637 Foster Road, Iowa City, IA The following are comments/questions heard from the attendees: • Wildlife corridors need to be protected • Any Mobile homes in the new development? • Any details on the new hotel? • If not a hotel, then what? • What are the prices of the proposed housing units? • Any noise abatement along I-80? • What are the phases -- Phase 1/Phase 2? • What is the anticipated density of the development? • Concerned about light pollution - how many street lights will there be? • Will Laura Drive be closed or remain open? • How Far from furthest house north on Knollwood Lane to the proposed Market Place? • Need large pine trees as a buffer between Knollwood Lane homes and the proposed Market Place • Will the layout of Haywood Drive remain as it is or will it be increased to city standards? I concur that this is a representation of comments expressed at the November 13, 2016 Good Neighbor Meeting. Karen Howard, Associate Planner Neighborhood and Development Services, City of Iowa City CHICAGO, IL I OAK BROOK, IL I NORRISTOWN, PA I PHILADELPHIA, PA I IOWA CITY, IA I CEDAR RAPIDS, IA UTILITY INFRASTRUCTURE SOLUTIONS hbk ENGINEERING Forest View Good Neighbor Meeting Notes Date Held: November 13, 2016 Time: 6:30 pm Attendees: 28 people in attendance, including residents of Idyllwild Condominiums, Knollwood Lane and area east of Dubuque Street, north of Bjaysville Lane. Plus, representatives of the City of Iowa City, HBK Engineering and North Dubuque, LLC. Location: Iowa City Elks Lodge, 637 Foster Road, Iowa City, IA The following are comments/questions heard from the attendees: • How Many Rooms will be in the proposed hotel? • Do not want a strip mall on steroids • Increased traffic concerns along Foster Road • Concerns about any increase in stormwater impacting Idyllwild • The City is in the middle of a stormwater design plan for Idyllwild —make sure you coordinate with the City. • Please develop in an eco -friendly way • Maintain the beauty of the site I concur that this is a representation of comments expressed at the November 13, 2016 Good Neighbor Meeting. John Yapp, Development Services Coordinator Neighborhood and Development Services, City of Iowa City CHICAGO, IL I OAK BROOK, IL I NORRISTOWN, PA I PHILADELPHIA, PA I IOWA CITY, IA I CEDAR RAPIDS, IA � r Summary Report for ► -+ ,, d Good Neighbor Meeting CITY OF IOWA CITY Project Name: Forest View Development Project Location: Laura Drive Meeting Date and Time: December 11, 2017 at 5:00 - 7:OOp Meeting Location: Iowa City Elks Lodge Names of Applicant Representatives attending: Blackbird, HBK Engineering North Dubuque, LLC (owners) Names of City Staff Representatives attending: Sarah Walz Number of Neighbors Attending: 40 Sign -In Attached? Yes No x General Comments received regarding project (attach additional sheets if necessary) - Provided multiple massings of Overall Site Map, Renderings, and Floor Plans Discussed overall phasing of the development and vehicular access Discussed benefits of the development and density of residential area Discussed pricing, materials, floor plans, upgrades, and storage of the homes Discussed the selection process for individuals / families in Forest View Discussed lot sizes of Forest View and green space within the neighborhood Concerns expressed regarding project (attach additional sheets if necessary) - Requested additional information concerning stormwater management Expressed concern with buffering and separation between Resi / Commercial Requested more information concerning traffic, post -development Expressed concerns: highway noise, impacts to deer, and tree reduction Will there be any changes made to the proposal based on this input? If so, describe: We will conduct a traffic study and will adjust density per code We will define and modify our storm water management plan We will meet with the city of Iowa City to discuss accessibility and uses Staff Representative Comments D. Haven Wojciak 826 Tranquil Bluff Trail Iowa City, Iowa 52245 2/5/19 Planning and Zoning Commission Harvat Hall Iowa City, Iowa 42240 Dear Commissioners, I am writing in my capacity as a resident of the Mackinaw Village Neighborhood. While I do not imply that I speak for all members of the neighborhood, or its multiple condominium associations, I know that they share some of my concerns. First, it is worth noting that I, amongst other residents of the Mackinaw Village Neighborhood, did not receive mail notification of the rezoning meeting taking place on February 7t", 2019. It may be that no one on Tranquil Bluff Trail was sent notification of the rezoning meeting. This alone is concerning. Fortunately, I was notified by staff, as I have been involved in this matter for some time, having been a resident of the neighborhood since 2014, and then by other members of the neighborhood. Second, it is important to address the issue most at heart to members of the Mackinaw Village Neighborhood. As can be seen in housing goal number 2, Page 2 paragraph 2 of the planning and zoning commission staff report dated September 14- 2018, included in your meeting report, "Any development of multi -family residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood." (Citing the 2017 Comprehensive Plan Amendment). The plan submitted before you fails to do as such. The design standards of the Mackinaw Village Neighborhood are those of townhouses, small apartment buildings, and foundation built single family homes that are built into the landscape with minimal terraforming and minimal tree removal. There is no question that the plan proposed, which requires rezoning of the neighborhood in order to accomplish the goals of the Forest View LLC development team, by the very definition of rezoning would fail to meet this second housing goal. In fact, it appears that this plan has now even changed the units in new "Forest View' development from potentially owned units to leased units. (See Staff Report, Page 16) As was noted by Commissioner Hensch in the April 16, 2018 hearing, this was supposed to create a path to home ownership for people in the Forest View Community; at every turn it does so less and less. (See Meeting Notes from April 16, 2018, page 4 of 8, approved May 17, 2018.) It is also important to note that on page 18 of the staff report, it states: 3. Housing Goal: Any development of multifamily residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood. The current proposal has shifted multi -family development further to the east. Development adjacent to the Mackinaw Village subdivision is now single-family. The applicant is proposing to maintain a woodland buffer along the west property line. While this is separated by two pages in the staffing report and does not in any way reference it, this #3 housing goal is referencing the leased manufactured housing for the displaced residents for the Forest View Community. In fact, to have such housing placed would require, to my understanding, significant waivers by the planning and zoning commission on order to have such small lots. Moreover, I must protest that knowing that this was such an issue at prior meetings, the arguably attempted deception of both the residents of the community and this committee, and the violation of the spirit, if not letter of housing goal related to Mackinaw Village is in very poor taste. If the committee saw the need for rezoning to place this type of housing in the Mackinaw Village Neighborhood in April 2018, then I believe that would still apply, despite what page 18 of the staff report might say. It is important to point out that Prior to the plan submitted before you, a previous plan was submitted to the planning and zoning commission, and was shown to neighbors at a "good neighbors" meeting that, on its face, would have appeared to meet such a goal, by building townhouses in a similar fashion to those already in the Mackinaw Village Neighborhood. It is important to note that this previously referenced plan has not been included in the materials before you, and that all proposed copies of it have been scrubbed from Forest View LLC's website. However, the original plan that was shown to residents of Mackinaw Village, and indeed all members of the peninsula neighborhood area can still be found on page 11 of 154 of the July 6, 2017 Planning and Zoning Commission meeting minutes. This plan also included retirement housing, which is no longer present in the current plans. Furthermore, it did not include such items as gas stations or drive through restaurants, both of which have been now proposed, to the understanding of the general public, by the developers. In fact, the plan as shown to people at the only "good neighbor" meeting could not have been more different from the plans that are before you today, or the plans that were put before this committee in April 2018. It should be noted that the fact that there was no good neighbor meeting to even address these concerns was noted at the last meeting in April 2018 by Staff Member Walz (See Meeting Notes from April 16, 2018, page 2 of 8, approved May 17, 2018.). Commissioner Freerks was also concerned about how the plans were significantly different from the ones previously proposed, along with the filling in of wetlands proposed by the developers. It appears in examining the information before the zoning and planning commission that the concerns of both the residents that border the development and the commission itself have been ignored. Rather, the developers have appeared to have repackaged their exact same plans, avoided any potential interaction with the residents in the area at all, despite what appear to be clear wishes from the commission that they do so, and now appear to be pushing through a plan for approval that requires significant variance from the original design, would drastically change the characteristic of the neighborhoods that surround it, and while providing financial benefit for the developers, do nothing but create bad blood with the community that they are impacting. Moreover, while this may not be the correct place to address these concerns (and this may be better address to the city commission should this plan move forward), but the relocation of the families from the Forest View neighborhood from into their own new neighborhood, as was slated in the original plan, as now into the Mackinaw Village neighborhood, has been handled carelessly at best and needs to rectified as soon as possible. As soon as the developers determined that they were going to relocate a dislocated population into an already established neighborhood, they should have at the very least informed the property owners who would be bordering the development. Moreover, knowing that the Forest View neighborhood functions as an association with leadership, there was an opportunity for that leadership to have been put in contact with people in the neighborhood in order to facilitate positive transition. I will not speculate as to why the developers chose not to inform the residents of the neighborhood as soon as they knew they had changed their development plans. As such I urge the zoning and planning commission to deny the application for rezoning. The developers should return to the original plan that they submitted and attempt to work with the plan they presented to residents in good faith. They should work with the residents who already live in the neighborhoods, all of the residents, to find solutions that work for everyone to provide affordable housing for the soon to be displaced residents of Forest View, to honor the concerns of the planning and zoning commission, to abide by the housing goals set forth in the master plan, and to respect the residents of the Mackinaw Village Neighborhood. When parties work together openly and in good faith, seek compromise and understanding, and value each other, then everyone can win. I have no doubt that the residents of Mackinaw Village all want the residents of Forest View to have safe, affordable housing with minimal displacement, both in time and distance. I am sure we all understand the goal of having a second egress route from the peninsula area as well. And we don't deny that the Dubuque LLC development team has a right to develop property, and that this provides jobs and opportunities. We just ask that what was offered to us when this project began, that "[a]ny development of multi -family residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood" be honored. Respectfully, D. Haven Wojciak, Esq. From: David DeMik To: Anne itussedt Subject: Re: Forest View Neighbor Notice Date, Thursday, February 07, 2019 12:39:54 PM IE Anne, 1 am having trouble locating the traffic study to assess the impact of the proposed development and rezoning on the Mackinaw Village area. This was a universal concern voiced by residents of the area and shared by members of the Planning and Zoning Commission when publicly discussed last year. Developers provided assurance this would be completed and available for review, however it appears all traffic studies seem to focus on Dubuque Street. To briefly summarize, the proposed development converts Algonquin Rd from an access point to a small residential neighborhood (Mackinaw Village) into a major throughway for both the proposed development and entire Peninsula area. Due to the existing width of the road and necessary on -street parking, the road cannot readily accommodate traffic flow in both directions at the same time. This is particularly evident during the winter months when there may be snow on the ground. Photos are attached for reference. Please share them with. the Commission as they may not appreciate the day-to-day road conditions. There are also concurrent concerns about the noise and safety of this many cars passing through a neighborhood, particularly given the speed at which people travel on Foster road. Algonquin appears to have been designed as access to a small residential area and does not seem equipped to function as the secondary access point to the Peninsula or fit to accommodate the housing density and commercial developments proposed by the developers. Given the limited size of parkways and proximity of homes to the road, it does not seem amenable to widening the road and this would not address concerns of traffic and noise. I recommend consideration of an alternate route, such as the further area East down Poster road where there are fewer existing homes and more opportunities to find a pathway to accommodate the traffic strain imposed by this new development. I would also like to draw attention to a housing goal in the staff report since 2017 (page 5 of current pdf j: Housing Goal: Any development of multi -family residential adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood. To date, the developers have failed to address how they plan fulfill this aim; it continues to be a neglected item in the current proposal. Additionally, the developers have largely failed to involve the community in Mackinaw Village in their recent proposals in any meaningful way. While they did solicit a list of questions or concerns from the residents in May 2018, their response was nearly identical to what was previously submitted to the Planning and Zoning Commission. Even after specifically being asked to address the questions and concerns they asked us to provide, Mr. Becker and team have failed to do so to date. Their pattern of interactions with residents of the area suggests they have much more concern about pushing forward with their commercial agenda regardless of the impact on the people living in the area. The public reception from residents of Mackinaw Village, Idyllwild, and the Peninsula has been largely negative and I continue to question whether commercial interests should supersede the interests of the existing community. Sincerely, David DeMik On Jan 25, 2019, at 1:20 PM, Anne Russett <Annv _Ru tttru?ir_+wa-city.or�> wrote: The email only included the notice for the meeting. More information will be presented in a staff report to the Commission. The staff report will be published either next Friday or the following Monday. You can check this website for the additional information: https://wwwr.icgov.ora/city-goverpmont/boardr*lol aInnina-arta-zor..ir, p-comoii�.siort Let me know if you have other questions. Thanks, Anne Anne Russett, AICP Senior Planner City of Iowa City 3191356-5251 anise-rutmett@IQwa-Gitjr o.rg From: David DeMlk Errrnailto:david.dernnikPaMail.comj Sent: Friday, January 25, 2019 1:04 PM To: Anne Russett «1�n�-f?ussett�i�r.'t�nr�� Subject: Re: Forest View Neighbor Notice Hi Anne, Thanks for the email. Where is the rest of the information? With what is provided in the email, it appears they are submitting largely the same plan that was received rather poorly the last time it went to the committee. Specifically I'm referencing concerns about environmental drainage, traffic, fight and noise pollution, extreme housing density that have gone unaddressed by the developer, at least in terms of what has been communicated to current residents of the neighborhood. While I don't have the previous proposal in front of me, it looks like they may actually be pushing for more housing units (57 "modular housing" units and 473 other housing units). Dave DeMlk Sent from my iPhone On Jan 25, 2019, at 12:52, Anne Russett <Anne-Rus5ettPlowa-city.org> wrote: Hello — You are receiving this notice because you have expressed interest in the proposed Forest View development project. I have attached the notice of the proposed rezoning and preliminary plat that is tentatively scheduled to be before the Planning and Zoning Commission on Thursday, 217 at 7 PM. More details are in the attached. Thanks, Anne Anne Russett, AICP Senior Planner City of Iowa City 3191356-5251 0 nne-rus_5ettQiowa-eity.00rg Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. <Forest View -neighbor notice.pdf> From: 4ue&y Mumhn To: Anne Russekt Subject: Re: Forest View Neighbor Notice Deft, Wednesday, February 06, 2019 10:48:17 PM Hi Anne, I spoke with you on the phone late this afternoon and wanted to thank you for taking the time to clarify some things for me regarding the planning and zoning process on the proposed. Forest View development. You suggested I send you my letter from the last time I shared my concerns. Below I have copied and pasted the original comments that I submitted last April to Sarah Walz. As I look at the most current document that you attached in your recent email, the concerns that I outlined in April remain, so I think the comments helow are still relevant. Thank you again for taking the time to talk with me today. -Quenby Murphy Hello, I am writing to express some concerns about the current proposal under review for the Forest View development off of Dubuque Street. My family and I live on White Oak PI, off of Foster Road. Some of the main reasons that drew us to this neighborhood are what I feel might be jeopardized with this project: While this area has excellent proximity to downtown IC and to 180 (which we use daily for our commute to work in North Liberty), it still has that feeling of being a small, quiet neighborhood that is removed from the more commercial, higher density areas. The additions of several large, multi -unit housing structures as the Peninsula approaches completion have already affected the neighborhood, because of the higher traffic that brings in as well as just the sense of being more crowded. I am concerned that adding the number multi -unit housing buildings to this area as well as the amount of office/commercial space proposed in the Forest View development will further take away from that "small neighborhood" feel. Additionally, many of us hle�,es value the natural aesthetic that this area offers. Even though it is close to the interstate, the natural features and the number of trees have always provided a buffer in terms of sight and noise, and have made this neighborhood a favorite of walkers, runners, and cyclists, who appreciate being able to be active while enjoying the natural surroundings. It is lovely to get off the interstate and drive down Dubuque and up Foster Rd. while taking in the scenery, and it is one of my favorite things about living here. Again, I worry that the size and density of the proposed Forest View plan will negatively impact the natural beauty that we love about living in the Mackin awlPeninsula area. As a bom and raised Iowa City resident, I have always treasured the Dubuque St. entrance to our town; when compared to the more typical commercialized entrances off 180 to Coralville, we have a unique and special feature in terms of the first impression it offers of our town, and one that 1 would be deeply saddened to see disrupted in a major way. While a gas station would of course be convenient for my family and fellow residents, I know for me and others who chose this neighborhood for the same reason, that convenience is easily outweighed by the value of the peaceful, nature -filled atmosphere that we enjoy by living off of Foster Rd. I don't know where you dre in the process of approval for the Forest View project. I do recognize and appreciate that the development would offer secondary access to my neighborhood in the event of a future flood. While I do not approve of the Forest View proposal in its current state, I do appreciate and value the fact that it includes replacement housing for the residents of the mobile home park, which I think is important. My hope is that if the project continues to move forward, that it could be scaled back to include a smaller footprint so as not to disrupt the natural beauty of the area and the "buffer' to the interstate, that it could be lower density in terms of the number of multi -unit residential buildings and commercial space so as not to continue to increase traffic and crowding to an area that we valued for its lack of those things, and that the city would take the utmost caution to preserve the beauty of the Dubuque Street entrance to Iowa City. To be clear, I am not completely against any or all development to this particular area, but I am not in favor of the plan as it stands now and would like to see changes made before it's approved. Thank you for your time. Quenby Murphy Iowa City Resident (White Oak Place) On Fri, Jan 25, 2419 at 12:53 PM Aisne Russett <.9nne-R.ussettC"a iQwa-cs . ArZ> wrote: Hello — You are receiving this notice because you have expressed interest in the proposed Forest View development project. I have attached the notice of the proposed rezoning and preliminary plat that is tentatively scheduled to be before the Planning and Zoning Commission on Thursday, 217 at 7 PIN. More details are in the attached. Thanks, Anne Anne Russett, AICD Senior Planner City of Iowa City 3191356-5251 i From: 1311 To: Auj)e Rusty Subject: Re: North of Foster Road Request for Rezoning Lute: Thursday, February 07, 2019 5:07:53 PM To Whom it May Concern: I received a letter regarding a request for rezoning of my neighborhood with a notice for a public meeting to voice concerns for this application. I would like to voice my concerns for the request for rezoning, and I appreciate this notice and opportunity to do so. I have multiple concerns about the potential consequences of the rezoning and plan for space use detailed in the letter I received. First, this rezoning has the potential to lead to reduction of the trees and wooded areas. Second, this rezoning and the changes would potentially lead the disruption of wildlife, including but not limited to deer, rabbits, birds (including bald eagles commonly observed in this area), and other animals. 'Third, rezoning may lead to detrimental effects on property values. Fourth, this planned construction has significant effects on the privacy of those property owners who have adjacent land to the area outlined for rezoning, who now will have the properties that they have chosen for such privacy backing up to residential or commercial properties. Fifth, Foster Road is currently a road that experiences a high volume of traffic on certain days, and it is currently one lane in each direction. Creation of these new properties has the potential to significantly disrupt traffic. I am uncertain about other potential effects, including those related to the drainage patterns for times when current residents experience inclement weather, but this potential for additional effects leads to a more general concern about the possibilities related to this request and application. Thank you in advance for considering my concerns about this application. I appreciate your work for the City of Iowa City. 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CLIo 4--) i %-. 0I0' LL LL %. (3) 0 m .O a� ,.M 1� 4--) (A LO i(1) %-. 0 0 LL LL %. (3) 0-0 m 4w 0 Iffi'l pav 30 a F1 I s PFfrFxP ;1 0 ct ul co �c cl jo r 4--J (A LO 0 (D Im %—. C) 0 LL LL %. C) 0-0 4w 0 m E m ISM rm-1 P'I'm 1� Ap I L3w 9Nn Holwc 4--J (A LO 0 (D Im %—. C) 0 LL LL %. C) 0-0 4w 0 m E m ISM rm-1 P'I'm 1� -�.® CITY OF IOWA CITY T MEMORANDUM Date: March 7, 2019 To: Planning and Zoning Commission From: Anne Russett, Senior Planner, Neighborhood & Development Services Re: REZ18-00013/SUB18-00006 Forest View; Sensitive Areas Development Plan, Rezoning, and Preliminary Plat Introduction On February 21, 2019, the Commission conducted a public meeting to consider the proposed sensitive areas development plan, rezoning, and preliminary plat of Forest View. Twenty-four members of the public testified at the meeting. Many of the individuals who testified support the project. Several residents of the Forest View mobile home park testified that the relocation plan provides them with an opportunity to own their own home, obtain safe and secure affordable housing, and stay together as a community, which is important due to strong social networks. Some residents expressed concerns about the project, including concerns about traffic, lack of notification of neighboring property owners, and the proximity of the proposed gas station and market on Lot 1 to the Knollwood residents. Several questions were raised by the Commission: • Differences between the existing Forest View mobile home park and the proposed single-family, manufactured housing community (e.g. density, size of lots, etc.) • More details on the plans for signage, particularly for the commercial component along N. Dubuque Street. • Concern that no elevations were provided. • Concern regarding the lack of detail in terms of recreational features and amenities for the proposed private open space. • Whether or not additional traffic calming features (besides the traffic circle) could be added to Forest View Drive. Particularly interested in planted medians. The Commission continued the agenda item to March 7, 2019. Issues Discussed at February 21, 2019 Public Meeting Manufactured Housing: The applicant provided elevations and floor plans for the proposed single-family home community [Attachment 1]. Table 1 provides a summary of the comparison of the existing and proposed Forest View community. The applicant provided a more detailed version, which is included as Attachment 2. March 1, 2019 Page 2 Table 1. Forest View Community Comparison Signage: Several questions were raised regarding signage, particularly as it relates to the N. Dubuque Street corridor. The conditional zoning agreement outlines the following specific signage requirements: Prior to final plat approval, a master sign plan must be submitted by the applicant. The plan will be reviewed and approved by the Director of Neighborhood and Development Services. The plan will identify the potential locations and design concept for common signage for the development, which may include entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monument signs and interstate signs. Signs shall use san serif type fonts, except for logos and required user franchise signage. Signs shall comply with the approved master sign plan. Additional limitations related to signage have been outlined for the commercial portions of the development. These additional requirements ensure that signage is more aligned with the City's neighborhood commercial signage standards as opposed to the highway commercial signage standards. Neighborhood commercial sign requirements limit the type and size of signs. Specifically, staff recommends the following: Lots 1-4: Only those signs allowed for CN -1 uses shall be permitted, except that in the event that a quick servicing vehicle use is established, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. Lots 5-7: No free-standing signs shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage limited to monument signs only. Lot 8: Only those signs allowed for CN -1 uses shall be permitted, except that fascia signs may extend to the top of top story of the building. Lot 9-11: Only those signs allowed for CN -1 uses shall be permitted. Cabinet signs where the entire face of the cabinet is illuminated are prohibited throughout the development. Lack of Elevations: The Commission has concerns that the applicant did not provide detailed elevations of the buildings. Although elevations are typically provided as part of an OPD rezoning process, the applicant has expressed that it is difficult to provide elevations at this time Existing Forest View Neighborhood Proposed Forest View Neighborhood Acreage 15.6 acres 8.34 acres (Total of lots 16- 73, Outlot D, excluding ROW Units 155 57 Density 10 dwelling units / acre 6.8 dwelling units / acre Mobile Home / Manufactured Home Occupation: Acres 8.46 acres (-2,370 square feet/ dwelling unit) 6.69 acres (-4,800 square feet/ dwelling unit Open Space 2.81 acres 1.69 acres Open Space/ Dwellin Unit 790 square feet 1,292 square feet Signage: Several questions were raised regarding signage, particularly as it relates to the N. Dubuque Street corridor. The conditional zoning agreement outlines the following specific signage requirements: Prior to final plat approval, a master sign plan must be submitted by the applicant. The plan will be reviewed and approved by the Director of Neighborhood and Development Services. The plan will identify the potential locations and design concept for common signage for the development, which may include entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monument signs and interstate signs. Signs shall use san serif type fonts, except for logos and required user franchise signage. Signs shall comply with the approved master sign plan. Additional limitations related to signage have been outlined for the commercial portions of the development. These additional requirements ensure that signage is more aligned with the City's neighborhood commercial signage standards as opposed to the highway commercial signage standards. Neighborhood commercial sign requirements limit the type and size of signs. Specifically, staff recommends the following: Lots 1-4: Only those signs allowed for CN -1 uses shall be permitted, except that in the event that a quick servicing vehicle use is established, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. Lots 5-7: No free-standing signs shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage limited to monument signs only. Lot 8: Only those signs allowed for CN -1 uses shall be permitted, except that fascia signs may extend to the top of top story of the building. Lot 9-11: Only those signs allowed for CN -1 uses shall be permitted. Cabinet signs where the entire face of the cabinet is illuminated are prohibited throughout the development. Lack of Elevations: The Commission has concerns that the applicant did not provide detailed elevations of the buildings. Although elevations are typically provided as part of an OPD rezoning process, the applicant has expressed that it is difficult to provide elevations at this time March 1, 2019 Page 3 since it is unknown which lots will be developed by the development team and which lots will be sold. Furthermore, the buildout of this project will take several years. Therefore, staff has worked with the applicant on an alternative approach - outlining detailed design guidelines in the conditional zoning agreement. The design guidelines address building materials and outline additional site development standards. As currently drafted, the conditional zoning agreement outlines the following: Building facade and materials: All structures shall be constructed of high quality, authentic materials that align within a colors palette to be approved by the Director of Neighborhood Development Services, or designee. The applicant has submitted a proposed color pallet [Attachment 3]. Acceptable building materials shall include: • Brick (2 3/8" tall, standard brick preferred); • Stone (natural or cultured); • Wood (e.g. ipe or clear cedar) or high-pressure laminate plates composed of wood - based fibers, including those manufactured by Trespa, Prodema, Resysta, or similar products; • Fiber -cement boards; • Metal panels; and • Clear or lightly tinted glass. • Corporate colors will be allowed as accents for appropriate identification of individual business. The following materials are only allowed as limited: • Vinyl siding may be used only for manufactured homes; • Exterior insulation and finish system (EIFS) are allowed at 8 feet or more above grade; • 3 -part synthetic stucco may be used on Lots 2-15 only; • Split faced block may not be used unless used at half -story base; • Burnished block may not be used unless used at half -story base; The following materials are not allowed: • Smooth -faced concrete block; • Unadorned tilt -up concrete panels; and • Lower quality metal siding, such as that used for metal pole buildings. Additional Requirements per Draft CZA: Screening and Tree Preservation: Development shall include screening and tree preservation along Dubuque Street in accordance with an approved landscape plan, which the Developer shall monitor and guarantee for five years following installation. The landscape plan shall ensure the preservation of existing trees along the Dubuque Street frontage in excess of the code requirement. Notwithstanding anything herein to the contrary, there shall be a building setback of fifty feet (50') from North Dubuque Street, but appropriate tree screening and preservation may occur within said setback. Standards for Lots 5-8: Development on Lots 5-8, regardless of size, shall comply with the Commercial Site Development Standards for Large Retail Uses, which call March 1, 2019 Page 4 for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. Standards for Lots 9-11: Development on these lots will be subject to the CN -1 site development standards, which address the following: • Building placement requirements that ensure the majority of the building fronts the street. • Restrictions on the placement of parking, loading, drives, and aisles to create an area that is easy to walk in. • Drive-through facilities are limited to banks and pharmacies. • Sidewalk connectivity, safe and easy pedestrian access. • Screening of mechanical structures. • Standards related to street -level windows to ensure a high degree of transparency. • Limitations on building length and articulation requirements for buildings that are greater than 50 -feet in width. • Standards related to building entrances to ensure they are easily distinguished (e.g. canopies, recesses) Standards for Lots 1-4: Development on these lots will also be subject to the CN -1, except for regulations related to build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs. The development on these lots may be built as shown on the plans noting these exceptions. Additionally, the applicant is proposing a gas station and convenience store on Lot 1. Gas stations require a special exception in the CN -1 zone, which would require review and approval by the Board of Adjustment. Additionally, all multi -family buildings will be subject to the City's multi -family site development standards. The purpose of these standards is to promote safe, attractive, and pedestrian -friendly neighborhoods. The standards address multiple design elements, including screening, landscaping, building placement, and building articulation. Staff will ensure that multi -family buildings comply with these regulations at the site plan review stage. In terms of lighting, the City's lighting standards address height limitations, glare control, and light trespass. Specifically, the gas station and market will be required to prevent upward light spillage; limit light trespass at property lines to prevent outward light spillage onto residentially zoned property; and limit the maximum outdoor light output for the entire site. Open Space: The applicant is coordinating with the residents of the Forest View mobile home park to solicit open space ideas for Outlot D. Additional information should be available at the Commission's March 7 meeting. Traffic Calming: Staff discussed possible traffic calming options along Forest View Drive. Forest View Drive has been designed with a couple of features that will help with traffic calming, including the allowance of parking on both sides and the traffic circle. Staff would not require additional traffic calming on Forest View Drive due to the primarily commercial nature of this roadway; however, if traffic calming was pursued staff would recommend median islands or pedestrian refuge islands. Correspondence from Members of the Public Since the Commission's last meeting, staff received additional correspondence from members of the public regarding the proposed project [Attachment 4] Any additional correspondence March 1, 2019 Page 5 received will be provided to the Commission either in advance of or at the meeting on March 7, 2019. Update on Deficiencies The staff report dated February 7, 2019 to the Commission identified four deficiencies. • Formal approval of the access permit from the Iowa DOT. Update: Staff has received email correspondence from the Iowa DOT and the Federal Highway Association approving the requested access to N. Dubuque Street [Attachment 5]. Staff has reached out to IDOT and FHWA to see if a formal approval in the form of a signed permit or signed document on letterhead is forthcoming. Development of more detailed design guidelines through further development of the Conditional Zoning Agreement. Update: Staff has worked with the applicant for several months on the proposed design guidelines, which are outlined in the draft conditional zoning agreement and summarized above. In addition to the draft design guidelines, the zoning ordinance includes specific design standards for neighborhood commercial development, large retail uses, and multi -family uses. These additional standards, which will apply to the proposed development, combined with the proposed design guidelines are intended to ensure quality development. As part of the site plan review process, staff will confirm that development complies with the standards in the code, as well as the additional guidelines specified in the conditional zoning agreement. • Submission of evidence of ownership of the property to be developed. The applicant is working with the Iowa DOT on the purchase of a portion of public right-of-way. Update: Iowa DOT has accepted the applicant's offer for the purchase of this land. Although not finalized, the applicant is close to closing on the property. • Show the right-of-way for Haywood Drive to be 60 feet on the preliminary plat. Update: The preliminary plat originally showed Haywood Drive as a 50 -foot public right-of-way. Staff requested that this be changed to a 60 -foot public right- of-way. The applicant has addressed this through the submission of a revised preliminary plat [Attachment 6]. Staff Recommendation Contingent upon approval of the comprehensive plan amendment, evidence of ownership of all property to be developed, and confirmation of IDOT and FHWA approval of N. Dubuque Street access staff recommends the following: Approval of REZ18-00013, an application submitted by North Dubuque LLC and the Forest View Tenants Association for a Sensitive Areas Development Plan and rezoning of approximately 73.15 acres of land from Interim Development -Low Density Single -Family (ID - RS) zone, Low Density Single -Family (RS -5) zone, Planned Development Overlay / High Density Single -Family Residential (OPD/RS-12) zone, and Low Density Multi -Family Residential (RM -12) zone to Planned Development Overlay/ High Density Single -Family Residential (OPD/RS-12) zone for approximately 45.48 acres of property and Planned Development Overlay / Highway Commercial (OPD/CH-1) zone for approximately 23.83 acres of property; subject to the conditions outlined in the draft conditional zoning agreement [Attachment 7], which address the following: March 1, 2019 Page 6 1. Prior to the issuance of any building permit, the applicant execute an affordable housing agreement with the City that outlines the specifics of the relocation plan for the residents of Forest View. 2. On Lots 5-8, development shall be subject to the standards for Large Retail Uses, which calls for details and features that provide visual interest, reduce the perception of the mass of the building, provide attractive entrance features and quality materials. 3. On Lots 5-8, buildings shall be setback a minimum of 15 feet from Forest View Drive. 4. On Lots 9, 10, and 11 development shall be subject to the CN -1 zoning regulations. 5. On Lot 1-4 development shall be subject to the CN -1 zoning regulations with a few exceptions (e.g. build -to line standards; location of parking, loading, drives, and aisles; and drive-throughs.) 6. Development shall be subject to detailed design guidelines that address signage (including a master sign plan), building materials, and lighting. 7. Upon final plat approval, the owner execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private storm water management systems to ensure that the systems will be properly maintained. 8. All single-family development shall have clearly defined main entrances identified by either a porch or a canopy, transom and sidelight windows, pilaster and pediment, or other architectural features; and that the main entrances of each dwelling unit must face the street. 9. Owner shall maintain a landscaped buffer between the proposed single-family, manufactured housing community and the existing single-family neighborhood. 10. Owner shall ensure a 40 -foot area along N. Dubuque Street remain unimpacted by the development; and Approval of SUB18-00006 an application submitted by North Dubuque LLC and the Forest View Tenants Association for a preliminary plat for Forest View, a 73.15 -acre subdivision, to create 11 commercial lots, 4 multi -family lots, 60 single-family lots, and 9 outlots. Attachments: 1. Manufactured homes — Elevations and Floor Plans 2. Forest View Community Comparison — Existing and Proposed 3. Forest View Color Pallet (For Non -Single Family Buildings) 4. Email Correspondence from IDOT and FHWA 5. Revised Preliminary Plat, submitted February 5, 2019 6. Correspondence from members of the public 7. Draft Conditional Zoning Agreement Approved by: , sk+%W��� Danielle Sitzman, AICP, Development Services Coordinator Neighborhood & Development Services � m f tn k a < � . 2 � $ §� ZoQ § - 4 ® �k \ W of A \ cqE # ; ,. CD W O§ P _ 2 �( § § 3 2 �% _ 2 / �LL w & 2§21, . b� 7LL L � ------ � k � § � � § . 6 . cl w� k— & �7 3 Imo\ � m • . � k cc I IN mmm4 SNN --------------- -- ----------------------------- --- ado .t o SL ai too am fin `1 Jw■ �� 1���� �i�- l ��i �����1 1. ���� ������ ►�f�a � �E � � I o° �` ' _� , • , ����� ' ,� ■i_z a�^� �u. ^-�! a :gw:r 11 • _ n T MME �►+s � �4�. �� h��ll� ���ll��l�� h���� 11i7� 1°,�' � � ,a s ■�■• ■■r Fra �N � ' � �,1 f 1° 1 I � � •� Y ,.� � '� M • � w • i FOREST VIEW DEVELOPMENT COLOR PALLET BRICK/ TERRA COTTA METAL PANELS/PANELS/TRIM STONE/CULTURED STONE .. A From: David DeMik To: Anne Russett Subject: Re: Forest View Neighbor Notice Date: Thursday, February 21, 2019 9:31:58 PM Hi Anne, Thanks for asking and appreciate your forwarding my inquiry on to Wendy. Please do share the comments below with the Commission as I am working late this evening and unfortunately unable to attend the meeting: Dear Planning and Zoning Commission Representatives: Anne Russett was kind enough to forward on the developers traffic study and I have pulled out relevant information from the traffic study diagrams (below): Current Foster (E) to Algonquin: 5(10) - AM(PM) Foster (W) to Algonquin: 10(10) Algonquin to Foster (E): 5(10) Algonquin to Foster (W): 5(10) Total: 25(40) 2020 - No Build Foster (E) to Algonquin: 8(11) Foster (W) to Algonquin: 11(11) Algonquin to Foster (E): 5(11) Algonquin to Foster (W): 5(11) Total: 29(44) 2020 - Build Foster (E) to Algonquin: 8(11) Foster (W) to Algonquin: 24(28) Algonquin to Foster (E): 5(11) Algonquin to Foster (W): 21(24) Total: 58(74) 2025 - No Build Foster (E) to Algonquin: 8(12) Foster (W) to Algonquin: 12(12) Algonquin to Foster (E): 6(12) Algonquin to Foster (W): 6(12) Totals: 32(48) 2025 - Build Foster (E) to Algonquin: 8(12) Foster (W) to Algonquin: 38(39) Algonquin to Foster (E): 6(12) Algonquin to Foster (W): 30(47) Totals: 82(110) Units are not specified on the diagram, but I am assuming this is a rate (vehicles per hour). The results of the study should be interpreted critically. It seems that adding over 500 housing units, commercial space, and creating a secondary entrance/exit to the Peninsula would result in greater than a 15 cars per hour AM/PM increase compared to normal growth in 2020 and an increase of 20 cars per hour over normal growth in 2025, as the current model states. The projection does not show an increase in those traveling east on Foster to Algonquin or taking Algonquin to travel west on Foster when comparing Build vs No Build. Otherwise stated, the model is based in an assumption that those living in the Peninsula will not utilize Algonquin via Foster to access the proposed residential or commercial areas, or even Dubuque street, and also that those living in the development will not use Algonquin to access the Peninsula for any purpose (i.e visit friends, utilize the dog park, or visit businesses in that area). One of the touted benefits of this development is creating alternative access to the area, bypassing Foster road. Therefore, either the model is incorrect in stating there will be no increased traffic to/from the development and Peninsula or the benefits of secondary access are overstated and will not be utilized outside of extreme flooding. The more reasonable explanation of the two is the projections of traffic are too low and an alternate route would be routinely used. Regardless of my opinion on the accuracy of the model, the projection still does estimate, under the Build scenario, double the traffic on Algonquin in 2020 and triple in 2025 compared to normal growth (No Build). The total projections indicate every minute there will be at least one car driving on Algonquin road. I remain concerned about whether the proposal's intention to convert Algonquin into a major throughway and the housing goal of maintaining livability of the Mackinaw village area (residential, low traffic, low noise) are mutually exclusive to some degree. Additionally, the development results in saturation of the Dubuque St - Interstate 80 interchange about 10 years sooner compared to the no build scenario and would require earlier reconstruction at presumably significant cost. I reviewed the minutes from the 2/4/19 informal meeting. I purchased my home in mid 2017 and there was no invitation to a December 2017 "good neighbor" meeting was ever received at my address. There is no documented sign in sheet so it is impossible to know who actually attended the meeting or how well it was advertised. The value and necessity of hotels and fast food to the surrounding community can be debated and the presence of these in a residential area may even be considered undesirable. Neither a clear need for commercial development in this area or widespread public support for more retail space have been demonstrated by the developers. I also took note of the price tag for the manufactured housing - $202,000. I share Ms. Townsend's concerns about affordability of these units. The plots also do seem quite small as several have less than the minimum 5,000 square feet. Small lot sizes and the appearance of the manufactured homes are in conflict with previously outlined housing goals ("Any development adjacent to the Mackinaw Village neighborhood must incorporate design standards, setbacks, woodland buffers, low-level lighting, and other methods to maintain the livability of the Mackinaw Village neighborhood"). This proposal projects to be extremely costly, given the need for the relocation of existing residents, proposed manufactured housing, and commercial development, and it is unclear how or by whom (Forestview residents, developers, TIF, other public means) it is being financed. Respectfully, David DeMik On Feb 20, 2019, at 16:47, Anne Russett <Anne-Russettniowa-cityy.org> wrote: Hi, David — It was the applicant's responsibility to contract with a firm to prepare the traffic study The information that you have requested regarding the corporate structure and ownership of North Dubuque LLC and Blackbird Investments is information that the City does not have. I have CCed Wendy Ford on this email. Wendy — Can you answer David's question regarding public funds? Thanks, Anne Anne Russett, AICP Senior Planner City of Iowa City 319/ 356-5251 anne-russett&iowa-city.org From: David DeMik[mailto:david.demikCa�gmail.com] Sent: Wednesday, February 20, 2019 12:24 PM To: Anne Russett <Anne-RussettC@iowa-city.org> Subject: Re: Forest View Neighbor Notice Hi Anne, Thank you again for sharing the study. It is very helpful to have something objective to assess. Do you know who the study was funded by? I have pulled out relevant information from the diagrams (below) for ease of discussion: Current Foster (E) to Algonquin: 5(10) - AM(PM) Foster (W) to Algonquin: 10(10) Algonquin to Foster (E): 5(10) Algonquin to Foster (W): 5(10) Tota I: 25(40) 2020 - No Build Foster (E) to Algonquin: 8(11) Foster (W) to Algonquin: 11(11) Algonquin to Foster (E): 5(11) Algonquin to Foster (W): 5(11) Tota I: 29(44) From: Pruessner, Jonathan A (UI Health Care) To: Anne Russett Subject: REZ18-00013/SUB18-00006 Date: Friday, February 22, 2019 1:00:59 PM Good morning. Ms. Russet, My name is Jon Pruessner and we live in the Knollwood Lane neighborhood in Iowa city that will be affected by REZ18-00013/SUB18-00006. My wife Beth and our Neighbor Deb Heiken attended the meeting last evening at City Hall. I was unable to attend and I did want to ask a few questions. • In regards to the gas station plans in LOT #1 adjacent to the Outlot A which abuts our Northern Knollwood Lane property line. • Are there elevation maps for the gas station area yet? • We weren't sure if the gas station would be at the same, above or below our properties elevation. • How much of the ravine in LOT 1 will be filled in? • What are the drainage ramifications of filling in for LOT 1. • There is a small creek that runs parallel to Laura Drive that is at the bottom of 5 Knollwood Lane ravine and turns left at the corner of Laura and Foster. • Will there be a significant increase in water flow if the ravine is filled in for Lot 1 to the creek at bottom of Knollwood Lane Ravine? • Larry Baker — did speak up in questioning the gas station placement in LOT 1—TI wanted to say Thank you! • I would agree that having the gas station positioned to the South of Lott and directly on the Northern border of Outlot A brings Knollwood residence into close proximity to a very BUSY business that will likely be open 24 hrs a day. • Has there been a study of the light contamination of Knollwood Lane from the proposed Gas Station? • Has there been a study of the organic fumes (fuel) from the gas station and the affect's on established neighborhood in close proximity? • Has there been a study of the impact of the gas station is such close proximity to an established neighborhood and the affects our property values? • Is there a possibility of moving the gas station to LOT 2 or Lot 3 to increase the distance between our neighborhood and the gas station to mitigate the above issues? Thank you for your time. Jon Pruessner Lead Clinical Laboratory Scientist Department of Pathology Molecular Pathology Lab University of Iowa Hospitals and Clinics 1-319-384-9870 Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy all copies of the original message and attachments thereto. Email sent to or from UI Health Care may be retained as required by law or regulation. Thank you. Anne Russett From: Jason Havel Sent: Tuesday, February 26, 2019 3:59 PM To: Anne Russett; Kent Ralston; Jason Reichart Cc: Geoff Fruin; Ron Knoche Subject: FW: Iowa City Forest View Development Attachments: FW: Iowa City Forest View Development - Supplemental Analysis Memo All, See below regarding approval of the Dubuque Street access. Please note the discussion regarding the access and potential future impacts to interchange alterations or reconstruction. We will need to work through that, but it sounds like it is not needed immediately. Thanks, Jason From: Kelm, Joel [ma ilto:Joe1.Kelm@iowadot.us] Sent: Tuesday, February 26, 2019 3:48 PM To: Jason Havel <Jason-Havel@iowa-city.org> Cc: Jimmy Becker <jimmy@blackblydinvest.com>; Abuissa, Newman <Newman.Abuissa@iowadot.us> Subject: FW: Iowa City Forest View Development Jason, attached is the approval from FHWA concerning Forest View access. Also, note the language in the second paragraph, we will want some of the provisional language included in the access permit application. We can sort that out when we get closer to final plans and the Traffic Control Device permit. Joel Keiim ENGINEERING OPERATIONS TECHNICIAN DISTRICT 6 iowadot.us f Iowa Department of Transportation Office: 319-730-1533 %01 @iowadot Cell: 319-310-2793 ioel.keirnPiowadot.us From: Abuissa, Newman Sent: Friday, February 22, 2019 12:35 PM To: Keim, Joel <Joel.Keim@iowadot.us> Subject: FW: Iowa City Forest View Development From: Simons, Patti Sent: Wednesday, February 20, 2019 8:51 AM To: Abuissa, Newman <Newman.Abuissa@iowadot.us>; Skinner, Rick <Rick.Skinner@iowadot.us> Anne Russett From: MICHAEL LaPietra <Mike.LaPietra@dot.gov> Sent: Friday, February 15, 2019 1:12 PM To: Simons, Patti Cc: Skinner, Rick; Wilson, Andrew (FHWA); Litteral, Sean (FHWA) Subject: FW: Iowa City Forest View Development - Supplemental Analysis Memo Patti, The Iowa Division will not object to the disposal of this access to Iowa City. The district and Iowa City should be aware that any fees/charges to any private parties made by the city for use of this access will result in an obligation to repay federal funds used in the acquisition of it. From an engineering perspective our concern with this proposed disposal of access is that the Iowa DOT should ensure that they retain access control to accommodate any planned changes to the 1-80/Dubuque St. interchange. I spoke with Newman Abuissa (Iowa DOT District 6) about this and he explained that the DOT has no plans to update this interchange before 2040. The DOT needs to understand that disposing of access control at this location could limit the number of viable interchange alternatives for this location in the future, as FHWA will not look favorably on any proposed alternative that does not provide recommended access control to operate safely and efficiently. FHWA would not participate in any expenses for re -acquiring access at this location in the future. From; Simons, Patti lmailto:loatti.simons@iowadot.us] Sent: Wednesday, February 13, 2019 2:01 PM To: FHWA, Iowa (FHWA) <Iowa.FHWA dot. ov> Cc: LaPietra, Mike (FHWA) <Mike.LaPietra@dot.gov>; Jackson, Mike <Mike.Jackson@iowadot.us>; Skinner, Rick <Rick.Skinner@iowadot. us> Subject: FW: Iowa City Forest View Development - Supplemental Analysis Memo Importance: High Below is the email request for concurrences to allow a city street connection to Dubuque Street in Iowa City, Iowa, Please open all the attachments regarding this request. Thanks Patti From: Simons, Patti Sent: Wednesday, January 16, 2019 2:e40 PM To: Harvey, Mike <MIKE.HARVEY@iowadot.us>; Azeitine, Brad <Brad.AzeltineSaiowadot.us>; Kennerly, Michael <Michael.Kennerly@iowadot. us>; Markley, Craig <Craig,Markley@iowadot.us>; Clayton, Mike [DOT] <M i ke.Clayton1@1owadot.us> Cc: Schnoebelen, Jim <Jim.Schnoebelen@iowadot.us>; Yanna, Kenneth <Kenneth.Yanna@iowadot.us>; Shea, Sam <Sam.Shea@iowadot.us>; Nicholson, Kent <Kent.Nicholson 2 iowadot.us>; Patel, Kevin <Kevin.Patel @iowadot.u_s>; Tap, rho a3a °a �3° .oma - - Ty Fy ooao _ „3p �g�ry��o o�a-�o mga �1 �/��� �./1 WO O 033 gp o- o ® ti o3aao o z ->�a�bio3a_a�o3o :30 0 o o��0 o `F6iT�I -o�� o3Fz$o o o.—H, 3 a-o3HE o zo3ao�� - °�aaPoOao aLLrGam.���o�aa..�oao�oaoz��dz,.a�oj3oz>�a�� @e €E ssgE w &&9 E 993:8 E J aaaaa�a4 o illllllll w � Bili ma »s`a gwwwwwww w `----- mN� sa p 0 pw 2 6 woNa � o�om m Z 133HS 3NI-1 HDIVW P / Q?a'61IQONa=MV- r I Y y -_ --- --- - ---- -- -- aw i 8 t1 sa — — — v TiM rho a3a °a �3° .oma - - Ty Fy ooao _ „3p �g�ry��o o�a-�o mga �1 �/��� �./1 WO O 033 gp o- o ® ti o3aao o z ->�a�bio3a_a�o3o :30 0 o o��0 o `F6iT�I -o�� o3Fz$o o o.—H, 3 a-o3HE o zo3ao�� - °�aaPoOao aLLrGam.���o�aa..�oao�oaoz��dz,.a�oj3oz>�a�� @e €E ssgE w &&9 E 993:8 E J aaaaa�a4 o illllllll w � Bili ma »s`a gwwwwwww w `----- mN� sa p 0 pw 2 6 woNa � o�om m Z 133HS 3NI-1 HDIVW P / Q?a'61IQONa=MV- r I Y y -_ --- --- - ---- -- -- aw i 8 t1 sa — — — v 10 M. -u co T -w to I 'A T - - - - - - - - - - H WS = I A 6 133HS 3NII HOIVV4 Lu '18 . ........ .......... 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LL -J 'gg I vu i33HS 3NI -1 HOiVh El —r -77-111—V —AiV—AITrff--I— —I— '3�' 46 ��HA eel\ -4 A CA Lu LLJ i33HS 3NI -1 HOiVh El —r -77-111—V —AiV—AITrff--I— —I— CA Lu LLJ i33HS 3NI -1 HOiVh El —r -77-111—V —AiV—AITrff--I— —I— r es as 8 ^Z e3 o ;max W q g 8 iG G �s a 3i a o � ��S 4oQ49944 s'a a� ¢oo Ire CoQ — � s \ rm — cw i r LU CO Z 133HS 3NIl HD1VW = w y ZCD wl p ssa`°. °e=sssn w aaau oaaaaaaa4 w p �I II =�2N�LY m�«3w qw ww4w w DRAFT CZA Conditions Whereas, the Iowa City 2030 Comprehensive Plan and the North District Plan include a housing goal for the provision of relocation assistance to residents that include replacement housing in the immediate area, advisory services and moving expenses, make available prior to demo of existing homes as part of any first phase of development; and Whereas, to further this housing goal, North Dubuque, LLC, is committed to constructing replacement housing comparable to what residents currently have in the existing Forest View Mobile Home Park; and Whereas, each resident will have options for replacement housing in the newly -constructed Forest View Neighborhood, condominium dwellings, or elsewhere in the Iowa City Community; and Whereas, Developer is committed to the concept of home ownership opportunities for the residents of Forest View Mobile Home Park; and Whereas, Developer is committed to minimizing the impact of permanent displacement and hardship for all current Forest View Mobile Home Park residents by offering move -related advisory services and covering expenses related to the move; and Whereas, North Dubuque, LLC will work to enhance the quality, size, and configuration of the housing to provide the residents of Forest View with the best possible housing solution; and Whereas, Developer is committed to minimizing the impact of permanent displacement and hardship; constructing the new neighborhood prior to closure of the old neighborhood; pursuing a 4% Low -Income Housing Tax Credit (LIHTC), state tax-exempt housing bond or a similar program to provide a home ownership opportunity for the residents; and Whereas, the density and design of the planned development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout; and Whereas, the development will not overburden existing streets and utilities; and Whereas, the development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development; and Whereas, the combination of land uses and building types and any variation from the underlying zoning requirements or from city street standards will be in the public interest, in harmony with the purposes of this title, and with other building regulations of the city; and Whereas, in accordance with Iowa City Code Section 14 -3A -4C, a mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. NOW, THEREFORE... In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning code, as well as the following conditions: a. Prior to issuance of any building permit, Owner and City shall execute an affordable housing agreement detailing the terms of relocation assistance. The provisions of said agreement shall be guided by the principles of the Forest View Mobile Home Park Relocation Plan dated May of 2018 prepared and submitted by Owner and the residents of Forest View Mobile Home Park and the Center for Worker Justice, a copy of which is attached hereto, and shall include the provision of replacement housing, financial advisory services and moving expenses to all households residing on the above-described property upon the effective date of this Conditional Zoning Agreement. This affordable housing agreement shall foster diligent communication with residents, ensure the provision of replacement housing prior to demolition of the existing housing, and offer opportunities for homeownership to minimize the impact of displacement and hardship on the residents. Owner shall offer three categories of replacement housing to ensure that residents are relocated to affordable, decent, safe and sanitary houses which are, at a minimum, comparable in size and features to what residents currently have in the existing Forest View Mobile Home Park. Those three categories are: relocation to the new Forest View Manufactured Housing Park; relocation to the new multi -family buildings constructed within the above-described property; and relocation not within the above-described property. Said affordable housing agreement shall be approved by the City Council. b. Development shall conform to the following strict design guidelines: i. Building facade and materials: All structures shall be constructed of high quality, authentic materials within a range of the color palette described below and approved by the Director of Neighborhood Development Services, or designee. Authentic materials do not include material that has been made to simulate another material, unless it improves the weather -resistance, such as wood -toned products. As an example, column covers should not be made of metal to appear to be wood or stone, just as fiberboard cement panels should not be printed or stamped with wood grain. The quality and type of the primary material used on the front fagade of each building should be consistent for all remaining sides, except as allowed below. A natural pallet of colors shall be used for large expanses of walls with accent colors used for emphasis and identification of individual businesses. Acceptable building materials shall include: • Brick (2 3/8" tall, standard brick preferred); • Stone (natural or cultured); • Wood (e.g. ipe or clear cedar) or high-pressure laminate plates composed of wood -based fibers, including those manufactured by Trespa, Prodema, Resysta, or similar products; • Fiber -cement boards; • Metal panels; and • Clear or lightly tinted glass. • Corporate colors will be allowed as accents for appropriate identification of individual business. The following materials are only allowed as limited: z • Vinyl siding may be used only for manufactured homes; • Exterior insulation and finish system (EIFS) are allowed at 8 feet or more above grade; • 3 -part synthetic stucco may be used on Lots 2-15 only; • Split faced block may not be used unless used at half -story base; • Burnished block may not be used unless used at half -story base; The following materials are not allowed: • Smooth -faced concrete block; Unadorned tilt -up concrete panels; and Lower quality metal siding, such as that used for metal pole buildings. ii. Sign Master Plan: Prior to final plat approval, a master sign plan shall be submitted to and approved by the Director of Planning or designee, indicating the potential locations and design concept for common signage for the development, which may include entranceway signage, directional drainage, development signs, identification signage, masonry wall signs, monument signs and interstate signs. Signs shall use san serif type fonts, except for logos and required user franchise signage. iii. Setbacks: All buildings on Lots 5, 6, 7, and 8 shall be setback from Forest View Drive at least 15', as shown on the OPD plan. iv. Screening and Tree Preservation: Development shall include screening and tree preservation along Dubuque Street in accordance with an approved landscape plan, which the Developer shall monitor and guarantee for five years following installation. The landscape plan shall ensure the preservation of existing trees along the Dubuque Street frontage in excess of the code requirement. Notwithstanding anything herein to the contrary, there shall be a building setback of fifty feet (50') from North Dubuque Street, but appropriate tree screening and preservation may occur within said setback. v. For those lots shown as Lots 5-8, all development, regardless of size, shall comply with the Commercial Site Development Standards for Large Retail Uses set forth in Iowa City Code Section 14 -2C -6K. vi. Other Lighting Design guidelines as required by code for dark sky and minimum spill into the neighborhood. c. Signage for the following properties are limited as follows: i. For those lots shown as Lots 1-4 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that in the event that a quick servicing vehicle use is established, electronic changeable copy may be allowed for gas prices only. No signs shall be oriented toward North Dubuque Street. ii. For those lots shown as Lots 5-7 on the approved preliminary plat and planned development overlay plan, no free standing sign shall be taller than 25 feet. No electronic changeable copy is allowed except for time and temperature signs and gas prices for quick vehicle servicing uses. Non -building signs along the Forest View Drive frontage limited to monument signs only. iii. For that lot shown as Lot 8 on the approved preliminary plat and planned development overlay plan, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8, except that fascia signs may extend to the top of top story of the building. iv. For those lots shown as Lots 9-11, only those signs allowed for CN -1 uses shall be permitted, as shown in Table 513-2 of the Iowa City Code of Ordinances Section 14-513-8. v. Cabinet signs where the entire face of the cabinet is illuminated are prohibited. In all other regards, the signs shall comply with the Sign Regulations set forth in 14-513 and the approved master sign plan. d. For those lots shown as Lots 1-4 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. e. For those lots shown as Lots 9-11 on the approved preliminary plat and planned development overlay plan, the following uses shall be allowed, in accordance with Iowa City Code Section 14 -3A -4C. i. Only those uses allowed in the CN -1 zone, as set forth in 14-2C-2. All uses on these lots shall comply with the site development standards for CN -1 uses set forth in 14-2C-7, as well as the dimensional requirements for CN -1 uses set forth in 14-2C-4, except as waived below. f. As part of the public improvements installed for development of the above-described property, developer shall: i. design and construct a new 4 -way intersection at Forest View Road and Dubuque Street to accommodate anticipated traffic volumes from the developing areas west of Dubuque and south of 1-80, in accordance with an approved traffic study and Iowa Department of Transportation access management standards and permit, subject to review and approval by the Public Works Director. ii. design and construct a 10' wide trail in accordance with the approved preliminary plat and planned development overlay plan. g. All single-family buildings must comply with the following: 4 i. Main entrances to dwelling units must be clearly demarcated by one of the following means: covered porch or canopy; transom and sidelight windows; pilasters and pediment; or other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. ii. Each dwelling unit must have a separate main entrance that must face the street, be at an angle of up to forty-five degrees (45°) from the street, or open onto a porch. The main entrance may not face an alley. h. The following site development standards are hereby modified: i. Pursuant to 14 -2A -7(A)(3), for those lots shown as Lots 17-25, 28- 47, 58-67 and 69-72 on the approved preliminary plat and planned development overlay plan, if vehicular access to garages and off-street parking spaces are restricted to an alley or private rear late, the minimum lot size may be 4,000 square feet, the minimum lot width may be 36', and the minimum frontage may be 26'. ii. For lots 1-4, as shown on the approved preliminary plat and planned development overlay plan, notwithstanding the requirement that the development comply with CN -1 design standards set forth in paragraph above, compliance with the following such CN -1 design standards are not required: Build -to Line requirements outlined in 14 -2C - 7E; Location of Parking, Loading Drives, and Aisles outlined in 14 -2C -7F; Drive-through facilities outlined in 14 -2C -7G. Drive-throughs on these lots are not limited to financial institutions and pharmacies; pedestrian, Bicycle, and Vehicular Circulation outlined in 14 -2C -7H-1 in that pedestrian access will not be provided from N. Dubuque Street; however, pedestrian access will be provided from Forest View Drive. iii. The minimum open space requirement established in 14 -2A -4(E) for Lots 16-73, as shown on the approved preliminary plat and planned development overlay, is hereby waived. iv. In accordance with 14 -3A -4K, for those lot shown as Lots 12, 13, 14, and 15 on the approved preliminary plat and planned development overlay, the building heights may exceed the maximum of 35 -feet otherwise limited in the RS -12 zone. On Lots 12 and 13, heights may not exceed 4 -stories. On Lot 14, one 3 -story, one 4 -story and one 5-sotry building shall be allowed. On Lot 15, two 5 -story buildings. i. Storm water management Upon final plat approval, Owner shall execute a subdivider's agreement with the City that addresses, among other things, the need for annual certification of private stormwater management systems to ensure that the systems will be properly maintained. 5 Anne Russett 1 11O& d#VVOgbfiA From: Jason Friedman <jasonj@friedmanassociates.net> Sent: Monday, March 04, 2019 3:23 PM To: Anne Russett Subject: Re: Dubuque Street, LLC - REZ18-00013/SUB18-00006/Planning and Zoning Committee Dear Anne: for the last 18 years, my family has resided at 1 Knollwood Lane, which borders Dubuque Street. After the flood of 2008, the City invoked eminent domain to remove the trees along our property to build a retaining wall. Upset as we were, we understood the rationale, and were compensated for the trees. Now, 11 years later, we understand that the City of Iowa City is close to yielding to the mounting and unbearable pressure by motorists to place a gas station near the Dubuque Street exit, probably due to the endless long lines at gas stations off Exit 242 and 246. And they are always out of donuts. While that may be a relief to many, having a gas station as a new neighbor is not a joke to our family and our neighbors on the lane. The purpose of this letter is not to voice my opposition to the entire proposed development, and certainly not to oppose the component to improve the quality of life for the residents of Forest View. My recommendations are much narrower in scope, relatively inexpensive (like a drop of gasoline in a gas can), and should be recommended by the Planning and Zoning Commission without debate: (1) increase the buffer for Outiot A from 15% to 251/16; (2) install a 10ft tall sound proof privacy fence between Lotl and Outlot A; and (3) plant additional trees in Outlot A to improve the sound/light barrier between the Knollwood neighborhood and Lot 1/Gas station. Taken together, they will reduce the negative impact the proposed development will have on our quality of life — and at a minimum, spare us from having to look at the gas station every day in our backyard. Thank you for the opportunity to provide written comments to the Planning and Zoning Commission for the meeting on Thursday. Be well. FIA Jason Friedman, Principal Friedman Associates, LLC 1 Knollwood Lane Iowa City, IA 52245 319-341-3556(w) 319-321-5884 (c) www,friedmanassociates.net In Missed our webinors? Click here! Anne Russett From: BETH JON PRUESSNER <pruessrier4@msn.com> Sent: Sunday, March 03, 2019 10:11 PM To: Anne Russett Cc: Gary Rick; Amy Margolis; Jason Friedman; Melanie Friedman; Darcy Dekoster; Deb Heiken; Jon Pruessner Subject: RE: REZ18-00013/SUB18-00006/Planning and Zoning Committee for 3/7/19 agenda Attachments: Neighborhood Meeting Minutes 3.3.19.docx Good evening, Anne Attached are our notes from our 3/3/19 Knollwood Neighborhood meeting regarding the Dubuque LLC proposal. We are requesting that you include this email as well as the attached neighborhood meeting minutes in the agenda packet and share with the Commission. We have lived in this neighborhood for a combined 76 years. Deb and Pat 23 years, -Darcy 20 years, Jason and Melanie 18 years, Amy and Gary 13 years, Beth and Jon 2 years. We are vested in maintaining it's beauty, and the wildlife of foxes, owls, deer and many other animals we see on a daily basis. We are happy for the residents of the Forest View Mobile Home Park but are concerned about having constant foot traffic, auto traffic, lights, noise and fumes from the gas station that is proposed to go into Lot 1. We do have questions that we are hoping you can answer: 1. Can you provide us with a topography map? 2. Will the proposed gas station be on a hill above our homes or in a valley below? This will make a tremendous difference in how it affects us. 3. if the gas station goes into Lot 1 and there is no ability to move it to a location away from the Knollwood Lane neighborhood we have the following requests: a. Add in a 25% buffer far Outlot A (not 10 or 15%). b. Install a 10ft tall soundproof privacy fence or wall between gas station Lott and Outlot A. c. Additional trees planted in Outlot A to improve sound/light barrier between Knollwood neighborhood and Lot 1/Gas station. Ultimately we do not want a gas station right next to our neighborhood. Ideally if the gas station could be moved to a location closer to the interstate we would be in favor of development. if it is not possible to relocate the gas station, we do not feel that it is much to ask of such a large development project to increase the buffer size of Outlot A and add in a sound proof privacy fence/wall (for the record this is the ONLY wall we are in favor of). We are hopeful that the committee and the developers will consider these suggestions as if this were their own neighborhood. We have seen the commitment that the developers have made in working with the. residents of the Forest View Mobile Home Parkas well as with the Idylwild neighborhood and our friends in the Peninsula and we are hopeful that they will consider our lovely and historic neighborhood as well. Thank you for your consideration and your assistance, Knollwood Lane Neighborhood Beth and Jon Pruessner, Deb Heiken, Darcy Dekoster, Melanie and Jason Friedman, Gary Rick and Amy Margolis Sent from Mail for Windows 10 3/3/19 Neighborhood Meeting — Knollwood Lane Neighborhood In attendance: Darcy Dekoster, Jason Friedman, Deb Heiken, Beth Pruessner, Jon Pruessner. Not present: Amy Margolis and Gary - due to illness Discussed the following concerns: 1. Proposed gas station in Lot 1 a. Neighborhood voiced concern regarding the following: i. Lack of information regarding topography. Will the proposed gas station be on a hill above our homes or in a valley below? This will make a tremendous difference in how it affects us. Light and air pollution. Suggestion — move gas station and restaurants towards interstate and put businesses in Lot 1 that are not open 24/7, Doing this would promote gas station visibility from the interstate and would be quieter/less disruptive to the Knollwood Lane neighborhood. 2. Discussion among the neighbors of the positives of the development: a. Great upgrade for residents of mobile home. i. As a neighborhood our children are growing up as neighbors of the Forest View Mobile Home Park. Currently some of the neighborhood kids ride the school bus together and we have been great neighbors. We are happy for them and the upgraded homes that they will receive. If the gas station goes into Lot 1 and there is no ability to move it to a location away from the Knollwood Lane neighborhood we have the following requests: a. Add in a 25Q/o buffer for Outlot A (not 10 or 15%). b. Install a 10ft tall sound proof privacy fence or wall between gas station Lotl and Outiot A. c. We are requesting a topography map. d. Additional trees planted in Outlot A to improve sound/light barrier between Knollwood neighborhood an U-1 Loo !/Gas station. 4. Would like to see a topography map — as was requested by the Planning and Zoning Committee at the last meeting. 5. Discussed longevity of neighborhood. Gary and Amy's home is listed on the National Historic Registry of Homes. All 5 homes were built by the same developer and are Midcentury Modern homes in what was originally called "Pill Hill." They have been remodeled and restored to maintain their longevity in this beautiful neighborhood. a. Neighbors have lived in this neighborhood for a combined 63 years. Deb and Pat 23 years, Darcy 20 years, Jason and Melanie 18 years, Beth and Jon 2 years. 6. Not all neighbors will be able to attend 3/7 P/Z committee meeting. Jason and Deb will be able to attend, represent that neighborhood. a. Neighbors to submit letters to the P/Z committee with requests. Anne Russett From: Kathrine Nixon <kathrine.nixon@gmail.com> Sent: Monday, March 04, 2019 7:03 AM To: Anne Russett Subject: Forest View/North Dubuque rezoning To the Planning and Zoning Committee I attended the public session regarding the Forest view development and was surprised that the cost of each manufactured home was around $200,000. 1 admit I don't know much about the construction business but I would think for that amount actual houses could be built. My understanding from the meeting is that after 15 years the residents will be able to buy the Manufactured home for a set price. I would imagine that a built home is going to be more lasting than a Manufactured home and would be a better long term investment for the resident/owner than a manufactured home that will deteriorate and have little resale value. Built homes would also be more in keeping with the existing neighborhoods. No mention was made as to who would be responsible for upkeep of the manufactured units that are not purchased after 15 years. So there is a concern about deterioration and maintenance especially if the landlord is an absent one. Yours, Kathrine Nixon Sent from my iPhone Anne Russett From: Jonathan Dentel <jonathan.dentel@outlook.com> Sent: Thursday, March 07, 2019 3:55 PM To: Anne Russett Subject: Iowa City Zoning Hello Anne, My name is Jonathan Dentel and I live at 2002 Mackinaw Drive Iowa City. I have attended the meetings for the development that is proposed behind my house and I would like to say I am very nervous for what is to come. My house is on the corner of Mackinaw Dr. and Flint Dr. There are many reasons I oppose the development that is going on behind my house. After seeing the plan that the developing company has produced it looks as if there will be houses stacked up right in my backyard. These houses will NOT blend with the neighborhood and will certainly hurt home values for everyone in the neighborhood. My second concern is the amount of traffic. The traffic next to my house will sky rocket and put people in danger. I know that the developing company believes that they will be able to mitigate the danger but one thing no one is taking into account is the deer population. The deer in this area are trapped in the Mackinaw village forest and the Peninsula. These deer are already over populated in the area and everyday I come close to hitting one on my way to and from work. This is certainly going to be a dangerous situation when you take away such a large chunk of their home and put roads through it. People will get injured or even die in accidents. Growing up l was in scouts and rose to the rank of Eagle Scout. I have a profound respect for nature and that was the main reason I picked my house. The forest behind my house is home to many creatures I appreciate seeing everyday. Just the other day when I was scooping snow I counted seven bald eagles and two hawks in the trees right next to my house. I know that the developing company plans to plant trees to make up for some of the deforestation but that will not matter. This development will destroy the homes of countless hawks, eagles, deer, bats, and fox. The forest behind my house is an important part of our neighborhood. By destroying it to create many large lots for commercial real estate and piling residential low income homes on top of each other the city will be bastardizing the last tranquil part of this side of town. I urge you to please shoot down this proposal. Jonathan Dentel Sent from Maii for Windows 10 Aid1*611to-f N611 M Champlon home Builders, Inc- Quote - Revision 2 306 Sheridan Drive r No.: QT094668 PO Box 95 RED A N A' HOMES. Topeka, IN 46671 Quote Date: 04111118 Phone No. (8174)177 &637 P Fax No. (260)593-2401 Blil To: 0012M) Dealer Waiting For Approval DoalerWaiting For Approval FROM HOME OFFICE CREDIT AE 2701 UNIVERSITY DRIVF-' STE, 3 AUBURN HILLS, MI 48320 Shipping Agent: Dirrmensionall, Inc. Shipping County: OAKLAND 1iey('o 41011" Sell To: 0012MI Dealer Waiting For Approval Euler Waiting FQrAppmvel FROM HOME OFFICE CREDIT DE 2701 UNIVERSITY DRIVE, STE, 30 AUBURN HILLS, MI 46326 ,�tm-o 1�1� ?4 01k Retailer .0., Order Type: Stock Retell Customer. Optlon Variant Req. Del, Date. 70reManager Matt Judd Omd: REDMAN ADVANTAGE II Model No.: RAI 680 265 Base Home: 16 X 80, 3BR, 2B Model Year. 2016 Model Size: 767X 15'2" Constnrction Type: HUD Page, 'I of 4 Feature Optlon Variant Description DWIPARTIAUVOG OTHER OP800719 FULL DRYWALL - DGAE D rywa l l THROUG- HOJT OP801709 Drywall T/0 SW >64' Hitch-DGAE Drywall T/ra • Singfe.%>B4'1111ch - DOAE Drywall T/o, Full OSB Wrap (IWxterior Walls), Base Trim TO, Weather Wrwp Addiflonal Axles If Needed (Varies by Size o€House) Cammfe Backsplash T/O (Base Trim T/O Will Be The Standard Wkapped Unless Optioned to Upgrade! Countertop KITCHEN OP800601 SELECT VARIANT Countertop Color Select-DGAE MBATH 013$00601 SELECT VARIANT Counterlop Color Select DGAE HALLBATH OP600601 SELECT VARIANIT Couniertop Color Select-DGAE Backsplash KITCHEN 0P8W955 SELECT VARIANT Ceramic Sacksp4ash C9for4.)GAE2 MEATH OF800955 SELECT VARIANT Ceramic Beckaplash Cplor-OGAE2 HALiBATH OPSO0955 SELECT VARIANT Ceramic Hacksplash Color-O.GAE2 Floor Covering LINO OP800641 SELECT VARIANT Upgrd Lino IPO Factory - DGAE CARPE=T OP800602 Brownwood 13oz Carpet w/ Teckstrip OTHER OPBOUB79 Lino IPO Carpet Per Room-DGAE Una IPO Carpet, Per Room Excludaa Hot /way Outmp!m to a ,egAo and Waicrark or ChapW. = Hwft sk Ddtm Inc. Quote - Revision 2 - No.: QTUS4556 Model No.: RAISS0 256 Feature Option Variant Description Floor Covering Continued ... OTHER 0P800860 Lino 1120 Carpet- Hallway-DGAE WasherlDryer Combo Construction SIDEWALHTH OP170068 B"SidewallHtwlFlatOelling OTHER OP09OD71 Pier Saver (Each) Pier Saver- L Shaped Bracket Under Floor w/ Clamp, Flax Nose W Clamps for Dryer Available an the Front and Rear Door Plum bing/Heating NOT Avallable on Patio Apar orsidelight Door OP060082 **" Nate: Plem shown at front & rear door locations on pler print DUCTSYS are NOT required when thfs option is saiected. *** Perimeter Heat IPO in Line- SW @ Rear Door; Plem will be required for Fronf Dopr due to Porch OTHER QP800536 24 Wags w1R19 - SW - DGAE OP800899 40GiEIcWH112030GIM-200AMPDGAE Exterior SHINGLES OP800606 SELECT VARIANT 3 in 1 Shingle Color- DGAE SHUTTERS OP801 OOO SEL13CT VARIANT Shutter Color Select - DGAE " Hitch End and Front Dear Side - Singlewides ONLY *" SIVING OPBM707 SELECT VARIANT Siding ColorMect- DGAE REEARi]OOR OPB00615 Cottage Rear Or IPO Blank Windows SISU IVNG OM1500 S91 Hung Vinyl windows Single flung Vinyl Windows wf Golds OTHER OP800620 Add Viriyl 30x61 - DGAE LR Cabinets THROUGHOUT OP800925 Hickory Cabinets - DGAE Hickory Cabinets and Stiles KITCHEN 01381)11328 Corner Kit Cab (VBP) - DGAE2 HARDWARE OP801749 Brushed !Nickel Cabinet Haridtes IPO Knobs-RA2 OTHER OP800661 Refer OH IPO Shelf - DGAE OTHER OP80M687 Center Shehres In Base Cabinets OTHER OP801005 42" Overhead Cabinets - DGAEZ Lined w/ Two A djustable Shelves Includes AN Kitchen & Dining Roam Cabinets Champion Ps av"Isietea Iredsms* of MW101on Hance 8-AdemInc, Page. 2 of 4 Appliances WA5HDRY OP800931 WasherlDryer Combo 44sher pryer Combo (Electrle Only - Ship Loose), White Only OTHE=R OP801680 WasherlDryerktarhrrients Washer Noses Hat & Cgld. Pig Tail w/ Clamp, Flax Nose W Clamps for Dryer Plum bing/Heating FURNACE OP060082 E=lectric furnace Size -- 15 DUCTSYS OP800882 Perimeter Heat IPO in Line- SW Perimeter Heat IPO In -Line - SW WH OP800899 40GiEIcWH112030GIM-200AMPDGAE 40 Gal Elec IM/H IPO 30 Gal Elec - 200 AMP Included - DGAE Champion Ps av"Isietea Iredsms* of MW101on Hance 8-AdemInc, Page. 2 of 4 Quota - Revision 2 - No.: QT094558 Model No.: RA1680 265 paw: 3 of'4 Feature Option Variant Description Plumbing/Heating Continued ... EXTFAUCET OP801826 Std Frost Free Faucet - DGAE2 OTHER 013800628 Water Shut -Offs T/O OTHER OP801528 Main Water Shut -OF -DGAE2 Interior DOORS OP120074 6P White Inleriarpoors TRIM OP800960 White Std Wrapped Trim T/O - RA2 678 Flat OTHER OP901627 Furnace Door- DGAE2 OTHER OPSO1638 Finished Closets TJO - DGAI;2 All Sides of Closet Interfors Trimmed -Out Bathrooms ME=DCAB OP020003 Medicine Cabinet Bath 2 LINEN OP801905 Opt 29" Linen OTHER UP801509 Fiberglass Tubs & Showers OTHER OP801602 Metal Faucets -Kit & Bath Sinks Metal Faucets ForKftchen & Baths Sinks OTHER OPS01626 China Lays w/ PlaskFaucets Electrical CEILINGFAN OP060116 Calling Fan w/ Light Kit includes Wire/ Brace / Switch Ship ,BiadeS Loose Raoul LoaaNen: LR & 6Rs CONDUIT OP80180& Izktra Conduit Drop In PanelBox 1-712" Only OTHER OP801889 Amp Service 1=rll In .Arop Service: 260 Packages OTHER OP130155 Stnit Stl Appliance Pkg 0-E1a 21 CF SxS Rater wl foe and Water - Stainless Steel Dishwasher- Stainless Steel Self Clean Electric Smooth Top Range - Stainless Steel Stainless Steel Hllcrowave overRa age O'T'HER OP801849 Upgrd Platinum LightPk9-DGAE2 11" CeffPng Lights IPO 6" (Except for Closets) Exterior Lfghts 1PR Jelly Jar 5 Arm Chandelier In Dining Room OR 2 Can Lights" Please Select. 5 Arm Chandelier 2 Caai Lights Up To 6 Can Lights in Kitchen w/ DimmerSwitch IPO Std - VBP 3 Barb Strip Light in Baths IPO 6' ChMMIGn k a re0slarad rsdamark of ChwVlan HcM1.1r ttdem, Inc. Quate - Revlsfon 2 - Na.: QT094668 Model No.: RA16843 265 Feature Option Variant Description ROOFINS OP$90636 Insulation M IPO R281Wdes Only- DGAE page : 4 of 4 ADVANTAGE SINGLES H ST,i'tUCTllU L Recessed Frame Detachable Hitch 48" OC Outriggers 2 x 4 Exteriov Si dewalls - 16" OC 2 x 6 Floor.Foist - 16" OC (141) 2 x 8 Floor Joist - 16" OC (I6') R--1 l Sidewall Insulation R 11 Floor Insulation w /Additional -R-1 1 Outside 1 -Bei R-33 RogfInsulation -14' R-28 Roof Insulation - I G 5/8" OSB pecking T & G 7/16" OSB Roof Sheathing 341b PSF Roof Lvad INTERIOR FflWSAV 8' Flat Ceilings Main Panel TIO Scout Canvas Accent Panels Choice of Barnwood / OceW Truffle 13 oz Live Wire Carpet Tack Stri p Sib Rehond Carpet Pad Linoleum - Factory Designers Choice Wire Shelving In Closets Smoke Alarms wlBattery Backup 13/4" Door Casing 13/4" Ceiling Cove MDF Door lambs Window Janibs Formica Counwriops SelfEdge Countertops 13/41' Wrapped (618) Creston Oak Window & Door Casing Win&w & Dooraamb Wrapped MDF Standard Features EXTERIOR 8' Mdlewadls Nominal 3/12 Roof Pitch 25 Yt ar Shingles Storni Board Sheathing Double 4" Vinyl. Siding White Aluminum Fascia White Vented Sofirk Raised Panel Shutters - FDS /Hitch End Black -Wine -Green Only Exterior Light - Front Door Exterior Light - Rear Door F— CniFA1 BATHR00M�S Standard Electric Ratige 30" Range Hood 1H" CF Over/Under Refrigerator 30" O/H Cabinets w / Cove Fred Shelf is Overhead Cabs Comer Overhead Cabinet (VBP) Wrapped Flut Panel Cabinet Doors Creston Oak Wrapped Cabinet Stiles Single Bank of Drawers - V8P Shelf Over Refrigerator Lauan Side Panels 2 Flandle w/Spraytx @ Kitchen 7" Stainless Steel Kitchen Sink Fiberglass Tub/Shower (VBP) Round Commode Single 11andle Tub/Shower'Faucets 2 Han¢ie Chrome Lav Faucets Lighted Bath Fan. Cabinet Knobs Throughout China Lav Bowls la Baths Pivot Shower Door for 60" or 48 Showers - VDP WINDOWS do DOORS 6 PnnelFrpnt Docr w l Rtorm 'Blank Fiberglass Rear Door Low E Single flung Vinyl 616 Oridded Windows (siaod VSA) 2' Mini Blinds Throughout 6 Panel White Interior Doors NOW Round Knobs Wood Furnace Door Valances at Living Areas HF-4UN,N/PLUtlirl3ir INCr! iii8gRO! IL EEeetric Furnace Aluminum Heat Ducts In -Line Floor Registers 140 ANiP Service (1) lalcterior Rompt All Copper Wiring .Plumb for Wmitter Wire for Electric Dryer WasherfDryer Shelf PEX Water Lines 34 Callon Electric Water Heater I Exterior Frost tti'ee'Faucet Main Water Shut Off Due to continuous product dtwelopMent and Improvement, pKees, specifications aid material are subject to change without notice or obligation_ Square footage and other dimansions are approximate, Included image§are artist renderings and are not intended to be an accurate •rapnesenudion of the homes. 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LL 0J D O J .O m Lm LPi ei 0 m �N F- U z W aF- Ln JW m 1\� IFIWI- Imml Is Anne Russett From: Ashley Mangan <ashley.d.mangan@gmail.com> Sent: Friday, March 08, 2019 6:40 AM To: Anne Russett Subject: Re: Tonight's Planning & Zoning Commission Meeting Cancelled Hi Anne, Thanks for getting back to me about the meeting last night. After sitting and listening to the meeting, I still have several concerns/questions. One concern is the level of traffic and the use of on street parking. Like someone mentioned last night, we have a hard time getting through on our streets now as it is with the cars on the street, 1 can't imagine what more traffic would do. The increased traffic flow itself is a huge concern for me. There are several children, including my own who live in the neighborhoods and their safety matters. Also, it was mentioned that the structures/homes being put in will be a continuation of what is already in place in our neighborhood. How are modular homes a continuation of what already exist in our neighborhood? Also, after 15 years of the developer being involved with the residents of forest view, what is the plan for maintanance and upkeep? I am very worried about this because I care about preserving and keeping my neighborhood looking nice. It feels like the developers our focused on the people in forest view, which I understand they are tearing down their homes. However, this is a community and everyone needs to be valued. It makes it hard for me to feel like the developers truly value the people of Iowa city and preserving the beauty of the area when they are not even residents. Iowa city has such a unique enterance to the city and pretty soon it will look like every other city, full of commercial properties. This is also incredibly disheartening. I appreciate you listening to my concerns. Ashley Mangan On Thu, Mar 7, 2019 at 5:09 PM Anne Russett <Anne-Russett@iowa-city.ore> wrote: Hi, Ashley _. Yes, there is a meeting tonight. It starts at 7:00 PM at City Hall. Thanks, Anne Anne Russett, AICP Senior Planner City of Iowa City 3191356-5251 anne-russett(cD-iowa-Cly. oro, Anne Russett From: Kayla Cress <kaylacress12@gmail.com> Sent: Thursday, March 07, 2019 7:58 PM To: Anne Russett Subject: Please approve the Forest View new neighborhood! I have attended several meetings about this project for the last couple of years. Hearing comments from Knollwood residents say it never occurred to them that living next to Dubuque St and Interstate 80 that there might be a gas station. That is like living near Kinnick Stadium and complaining about the cheering 7 weekends a year. I am a resident of Iowa City and a business owner. I want for Iowa City to encourage commercial development and walkable neighborhood commercial so we do not become the bedroom town of the area. If we as a city do not encourage business and jobs, and streamline the process, we will lose residents to other communities who have other things to offer. It is very normal to be wary of something new in your backyard. However, I do believe that this new commercial area of Iowa City will become a beautiful addition to the area and the entrance to the city. I think the developers should not be required to move the gas station again. Developers spend an enormous amount of money every time a change is asked. This is not fair orjust. I am also the property manager for the apartments on Haywood Dr. Thanks for listening. Kayla Cress 4506 Dryden Ct. Iowa City, IA 52245 Item Number: 11.a. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 12, 2019 Ordinance conditionally rezoning approximately 0.155 acres of property located at 2130 Muscatine Avenue, from Community Commercial (CC -2) to High Density Single -Family Residential (RS -12). (REZ18-00025) ATTACHMENTS: Description Memo to City Manager Staff Report Planning & Zoning Minutes 1/17/19 Ordinance Conditional Zoning Agreement\ Ir1 CITY OF IOWA CITY � .p EEE T MEMORANDUM Date: February 19, 2019 To: Geoff Fruin, City Manager From: Jesi Lile, Associate Planner, Neighborhood & Development Services Re: Good Neighbor Meeting, 2130 Muscatine Ave Rezoning Background In December 2018, Ben Anderson of Anderson Construction, LLC applied for a rezoning at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12). On January 17th the Planning & Zoning Commission discussed the proposed rezoning. The motion to recommend approval of the rezoning failed by a vote of 3-3 (Martin, Signs, and Baker dissenting; Dyer absent). The main issues the Commission had with the application included the lack of a concept plan, and therefore, the Commission was concerned about neighborhood compatibility. In addition, some Commissioners felt the applicant should have hired a historian to conduct an intensive survey of the building to determine its historic significance. Lastly, the Commission did not feel the neighbors had been involved enough due to a lack of a Good Neighbor meeting. Good Neighbor Meeting Summary To address the Planning & Zoning Commission's concern regarding the Good Neighborhood meeting, the applicant held a meeting on February 11, 2019. One neighbor attended the meeting. The neighbor in attendance lives directly to the north of the proposed rezoning and requested more information on the applicant's plans. Mr. Anderson explained that he wanted to rehabilitate the structure and turn it back into a single-family home. The neighbor in attendance was concerned that there may be an apartment building on that lot, and that would further congest parking on 2nd Avenue. She was fine with returning that property back to single-family or a duplex, and noted that it is an eyesore and she has noticed animals living in the structure. Based on the information provided by the applicant and staff, the neighbor had no concerns with the proposed rezoning. To: Planning and Zoning Commission Item: REZ18-00025 GENERAL INFORMATION: Owner: Applicant: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Jesi Lile, Associate Planner Date: January 17, 2019 University of Iowa Community Credit Union PO Box 800 North Liberty, IA 52317 319-530-9390 chriscampbell @ urbanacres.com Ben Anderson Anderson Construction, LLC 3880 Owl Song Lane Iowa City, IA 52245 720-277-5681 ben@anderson-construction.info Rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) To allow residential development 2130 Muscatine Avenue I.1'.iSGATPNEAVE 1 . 40 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 2 6,750 square feet / 0.155 acres Vacant office space, Community Commercial (CC -2) North: Single Family Detached Dwellings; Low Density Single Family Residential (RS -5) South: Seamstress & Single Family Detached Dwellings; Community Commercial (CC - 2) & Low Density Single Family Residential (RS -5) East: Pharmacy Retail Store; Community Commercial (CC -2) West: Single Family Detached Dwellings; Low Density Single Family Residential (RS -5) General Commercial General Commercial, Central Planning District N/A December 18, 2018 February 1, 2019 The applicant, Anderson Construction, has requested a rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12). The total project site is 6,750 square feet and currently houses an abandoned building, formerly used as Frantz Pest Control. The property is currently bank -owned due to foreclosure and likely in need of serious repair. Due to the small size of the lot, the redevelopment of the site to another commercial use is difficult due to current requirements related to drive -widths, parking, setbacks from adjacent residential uses, and other requirements. The applicant is proposing to rezone to High Density Single Family Residential (RS -12), which would allow the development of a single-family home or duplex. The applicant has not provided a concept plan for the site, but conveyed to staff that the following options are being explored: 1) demolition of the existing building and development of a duplex, 2) hiring a consultant to conduct an intensive survey of the site to determine historic significance and potentially seeking funding for a historic rehab (if the property is historic), and 3) renovation of the existing structure to a residential use. The applicant has indicated that they will not use the Good Neighbor Policy. ANALYSIS: Current Zoning: Under the current Community Commercial (CC -2) zoning, this lot could potentially be used for office spaces, eating establishments, retail, general community service uses, specialized education centers, or religious/private group assembly. The CC -2 3 zone also allows multi -family above the first floor through the special exception process. The maximum height in the CC -2 zone is 35 feet and the maximum floor area ratio (FAR) is 1.0. Proposed Zoning: The applicant has requested a rezoning to High Density Single Family Residential (RS -12), which allows detached single-family dwelling as a permitted use, while other duplexes, attached single-family dwellings, and group households are provisionally allowed. The maximum height in the RS -12 zone is 35 feet. Compliance with Comprehensive Plan: The Iowa City Comprehensive Plan identifies this area for General Commercial development. However, the plan also includes the following land use goals that support the development of this property as residential: • Identify areas and properties that are appropriate for infill development. • Ensure that infill development is compatible and complementary to the surrounding neighborhood. • Provide appropriate transitions between high and low-density development and between commercial areas and residential zones. This rezoning would allow for the redevelopment of the former Frantz Pest Control building and would provide for more residential options in the neighborhood in close proximity to a commercial hub. Furthermore, the project site is adjacent to existing residential land uses. The rezoning to a higher intensity, single-family residential zone would provide a more appropriate transition to the commercial node to the east. This lot is located in Subarea B of the Central District. Density and demand for housing from University students is not as intensive in this area of the Central District, but there is demand for housing for families as there are many schools in close proximity. The following plan goals related to housing and quality of life support the proposed rezoning: • Goal 1: Promote the Central District as an attractive place to live by encouraging reinvestment in residential properties through the district and by supporting new housing opportunities. • Goal 3: Remove obstacles to reinvestment in neighborhoods. The proposed rezoning would result in additional residential development in the neighborhood. The current commercial zoning is a barrier to redevelopment and investment in this property due to the size of the lot and existing regulations. This lot is not suitable for commercial infill development as parking requirements and street setbacks would take up much of the usable space. The surrounding residential area is zoned Low Density Single -Family Residential (RS -5); however, the land area of the property does not meet the minimum lot size requirements of that zone. Rezoning to RS - 12 ensures the site meets the minimum lot size requirements for single-family and duplex development. The rezoning will allow reinvestment and additional housing opportunities in the community. This lot is also part of the Towncrest Urban Renewal Area, and any renovation of the existing building or redevelopment of the site will be subject to staff Design Review and the design guidelines laid out in the Towncrest Urban Renewal Design Plan Manual. The manual lays out the desired look of the Towncrest area and identifies specific acceptable n building materials. Compatibility with neighborhood: To the north, west, and southwest, this lot is surrounded by single family homes zoned Low Density Single Family Residential (RS -5). To the east and south, this lot is surrounded by Community Commercial (CC -2) (see attachment 2). The rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) would allow for a transition between the two zones. Historic buildings: According to assessor's data, the current building was built in 1900. Although the existing building was built at the turn of the 201h Century, staff does not have an intensive survey for the site, and therefore, does not know whether or not the building is historically significant. Staff has communicated with the applicant on the process required to make that determination. Specifically, the applicant would need to hire a historian to conduct an intensive survey of the site to determine its historic significance, if any. Traffic implications: The proposed rezoning is a downzoning from CC -2 to RS -12, and therefore, will not impact traffic significantly. There is only enough room for a single- family home or a duplex, which will keep traffic counts consistent with current uses as residential areas typically see less traffic than commercial areas. Access and street design: This corner lot currently has vehicular access from both 2"d Avenue and Muscatine Avenue. There are no existing sidewalks on the property. Staff proposes as a condition of the rezoning that redevelopment or renovation of the site requires installation of 5 -foot sidewalks on both the Muscatine Avenue and 2"d Avenue frontages. Neighborhood Open Space: The City's neighborhood open space requirement applies to residential subdivisions, commercial subdivisions containing residential uses, and planned developments. Since this lot will not be subdivided, Neighborhood Open Space requirement do not apply. Storm water management: The property has access to the City's storm water management system. The storm water design will be reviewed at the site plan review stage. Infrastructure fees: There will be no required sanitary sewer or water tap -on fees as this site already has sanitary sewer and water. SUMMARY: This small, 0.155 -acre lot is not suitable for commercial infill development, as parking requirements and street setbacks would take up much of the usable space. Rezoning to high-density single-family residential would conform with the rest of the block and provide a transition to the commercial properties across the street. Because this is infill development, there are no concerns with traffic increases and no associated infrastructure or open space fees. NEXT STEPS: Upon recommendation by the Planning & Zoning Commission, the rezoning will go to the City Council for final review and approval. Upon approval by the City Council, the developer will be subject to staff Design Review due to the location of the site in the Towncrest Urban Renewal Area and Site Plan review prior to the issuance of building 5 permits. STAFF RECOMMENDATION: Staff recommends the approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2"d Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: 1. Location Map 2. Zoning Map Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services L = i l�� ^ l dP CITY (ll I(MA CIT) r .�flAl ' . r 5 1..e ' l t ' M r i r y r r M1J n 4 . r n 17!���', 1t „r Jr sl rtr r is MUSCAr INF A�rE Sri w� 6 t a. n � I� k i;- IIII���ld r•� .�, 10 f I , _o a R. a An application submitted by Anderson Construction LLC � for the rezoning of approximately 0.155 acres located at44 2130 Muscatine Avenue from Community Commercial - (CC -2) to High Density Single -Family Residential (RS -12}. H ST " �`. it C11) c i Itm:: L, 11) � RS5 i e 4 RS5 #fit RS5 55 CC2 CO2 CC2 CC2 CC` µk RS5 55I ,, ■_ Pr" RS5 RS5C� n RS5 RS5 RS5 RS5 t RS5 CC2 R55 RS5 CC" RS5 N Rs5 t S5 RS5 RS5 R55 RS5 RS5 V p, u Gn2 MUSCATlNEAVE r w Ab" Ai"P LU .1 pw '•V _ ._ W �. n 7 iz a S5M CC2 ��. RS5 e R55 RS5 R35 R55 R55 R55 RS5 GG2 GG2 CM ccz ccz � s5 R55 MM�J RS5 RS5 .r RS5 ° i k R55 RS5 RS5 _R55 RS5 S5 RS5 RS5 RS5 RS5 R55 RS5 An application submitted by Anderson Construction LLC 'S "'X Rs5 RS5 Rs5 for the rezoning of approximately 0.155 acres located at RS5 2130 Muscatine Avenue from Community Commercial, (CC Z) to High Density Single Family Residential (RS 12). H sr ,- !+ ,y� 1!A' MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 17, 2019 —7:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Ray Heitner, Sara Hektoen, Jesi Lile, Anne Russett OTHERS PRESENT: Jenna Polk Anderson, Tom Townsend CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING/DEVELOPMENT ITEM (REZ18-00025): Discussion of an application, submitted by Anderson Construction LLC, for a rezoning of approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) zone to High Density Single -Family Residential (RS -12) zone. Lile began the staff report noting this is a proposed rezoning of the former Frantz Pest Control lot by Anderson Construction LLC for a rezoning of approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) zone to High Density Single - Family Residential (RS -12) zone. She showed a map showing the location of the property, it is approximately 6,750 square feet in size, it is located across the street from Walgreens to the east and a seamstress to the south, the rest of the block is zoned single-family residential. Lile showed the zoning map of the area, the rest of the block is low density single family residential and this lot acts as a bit of a transaction into the Towncrest commercial area. Lile noted the subject area is a small commercial lot, it is a difficult lot for commercial use due to its small size and the parking and stacking requirements for commercial as well as the setback requirements for this being on a commercial lot. High Density Single -Family Residential would allow for either a single family home or duplex on a lot this size. The applicant is considering three options, first is demolition of the current building and constructing a duplex, the second is an intensive survey of the site to determine historic significance and potentially seeking funding for a historic rehab (if the property is historic), and the third is renovation of the existing structure to a residential use. The applicant would prefer to renovate but the structure must be dried out to see if it is salvageable first. Lile noted the Comprehensive Plan provides the future land use goals and the ones achieved by this rezoning are to identify areas of property for infill development, to ensure infill development is capable with the neighborhood, and to provide appropriate transitions between high and low density development in between commercial areas and residential zones. In the future land use Planning and Zoning Commission January 17, 2019 Page 2 of 7 map this lot is still identified as commercial but it is surrounded by residential. This area is part of the Central Planning District and subarea B located away from the University and the student housing demand which makes it different from most of the Central District. There is still housing demand in the area but more for families as there are many schools in the area including Longfellow Elementary, Lucas Elementary, City High, Southeast Junior High and Willowwind School. The Central District Plan also provides some goals such as promoting the Central District as an attractive place to live by encouraging reinvestment in residential properties through the district and by supporting new housing opportunities as well as removing obstacles to reinvestment in neighborhood. The current commercial zoning is a barrier to the renovation and reinvestment in this property because of the small size and the existing regulations for commercial zoning. Lile showed photos of the lot and current structure. According to the Assessor data the building was built in 1900 but staff does not have an intensive survey for this site and does not know if it is a historically significant building or not. If the applicant chooses to pursue the route of surveying the property he would need to hire an historian to conduct an intensive survey and determine historic significance if any. Lile also noted there is a lack of sidewalks on the side of Muscatine Avenue where this lot is located. For traffic implications, access and street design, the proposed rezoning is a downzoning from CC -2 to RS -12, and therefore, will not impact traffic significantly. This corner lot currently has vehicular access from both 2nd Avenue and Muscatine Avenue. There are no existing sidewalks on the property. Staff proposes as a condition of the rezoning that redevelopment or renovation of the site requires installation of 5 -foot sidewalks on both the Muscatine Avenue and 2nd Avenue frontages. In summary, this is a small, 0.155 -acre lot is not suitable for commercial infill development, as parking requirements and street setbacks would take up much of the usable space. Rezoning to high-density single-family residential would conform with the rest of the block and provide a transition to the commercial properties across the street. Because this is infill development, there are no concerns with traffic increases and no associated infrastructure or open space fees. Staff recommends the approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2nd Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. Next steps, upon recommendation by the Planning & Zoning Commission, the rezoning will go to the City Council for final review and approval. Upon approval by the City Council, the developer will be subject to staff Design Review due to the location of the site in the Towncrest Urban Renewal Area and Site Plan review prior to the issuance of building permits. Hensch asked if the Historic Preservation Commission has ever looked at this property or in this neighborhood in general. Lile acknowledged the Historic Preservation Planner did talk to some people and got a brief summary that said the property might have some connection to some Civil War person who lived in the building, but no actual survey was competed. Hensch asked if the applicant was aware the Commission prefers to see concept plans on rezoning applications. Lile Planning and Zoning Commission January 17, 2019 Page 3 of 7 confirmed he was and noted that she does have examples of other work the applicant has done in the City, particularly of historic buildings and homes. The applicant has not gotten to the concept plan stage of this application yet. Hensch asked why a good neighbor meeting was not held. Lile noted the applicant would have to answer that. Signs noted it was mentioned in the report and presentation that the proposed zoning was in line with the rest of the block and but the map shows the rest of the block being RS -5. Lile explained that was the residential zoning and even putting the lot at high density single family residential wouldn't allow for more than a duplex due to the lot size. Parsons asked what the difference was in setbacks from RS -5 and RS -12. Russett noted there isn't much difference in setbacks, the difference comes with the minimum lot size requirements, the current size at 2130 Muscatine doesn't meet the minimum lot size requirement for RS -5 or RS -8. Hensch asked if it remained the current zoning and the applicant was able to renovate the existing structure could it be rented and occupied. Lile stated that single family is not allowed in commercial zoning. Hensch opened the public hearing Jenna Polk Anderson (Owner, Anderson Construction) represented the company as her husband Ben was in Denver on business. With regards to not holding a good neighbor meeting, since they were buying the property without knowing the zoning the bank did not want to wait and because it is a house the bank feels it should be zoned residential for lending purposes. The goal is to rehabilitate the property to maintain a similar look to the neighborhood. She shared work the company has previously done including a house they received the Historic Preservation Award for. If it is not possible to restore the current house then they will build a new structure. Hensch asked why they didn't have the historical analysis performed first so they would have that information before they came before Planning & Zoning. Anderson said due to limited time they wanted to see if a rezoning is even a possibility and if it is possible then they will go forward with all the surveys. Tom Townsend (2128 Muscatine Avenue) owns the property to the west of the subject property and asked if the rezoning is approved and the applicant adds the 5ft sidewalk as the adjoining property owner who would be financially responsible for continuing the sidewalk. Russett explained the sidewalk would only be in front of the subject property. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2nd Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. Baker seconded the motion. Planning and Zoning Commission January 17, 2019 Page 4 of 7 Baker asked if the Commission felt they should add a condition requiring a historical study of the property. Martin said there needs to be more information first, she feels this application is so general she does not feel there is enough information to make informed decisions. She understands timing and lender issues, but there should always be time for a good neighbor meeting. Hensch agrees that if the applicant says one of their intentions is to have the historical survey performed then that should be one of the rezoning conditions. Baker asked if the historic review is done and it is decided the property is historic and would demand preservation of the historic property shouldn't that be decided before a rezoning is granted. Hensch noted they can't do much with the property if it remains commercial. Hektoen noted that just having the survey done doesn't implicate historic review, it would have to be rezoned historic for historic ordinances to apply. She noted the concern is with this particular property is that it has been neglected and there are holes in the roof and whether is can be preserved at all at this point is a very large question. If the Commission is to approve this zoning application the condition to have it reviewed for historic value doesn't necessarily result in historic preservation. Parsons is leery of adding an unnecessary cost if it doesn't result in preservation. Baker noted the lack of specifics in general with this application and wondered if it was a concern shared by others. Martin feels it is important to see concepts to make sure the fit is proper with the rest of the neighborhood. Signs added that having three different options of what might happen to the property, rather than a specific plan, makes him uncomfortable. Baker noted it would either be a renovation of the current building or demolished and new structure built but either way it would be a duplex and fall under the guidelines of the Towncrest design review regulations. Signs asked if the Towncrest design review regulations even addressed residential. Lile said mostly with building materials and a general look but not specifics. Hensch noted his concern is if the structure is in poor shape, and he believes it is, he would have liked to see a picture or analysis showing the poor condition. He also feels good neighbor meetings are imperative for rezoning, and lastly is uncomfortable with a rezoning with no concept plan. Townsend said she is not so concerned about this due to the small size of the property and because residential is the only option, commercial is not viable, and if there are holes in the roof the building is probably damaged. Martin agreed but noted there is a precedent and it is important to be consistent and have concept plans for all rezoning so they can make informed decisions. Baker asked if the application could be deferred, Planning and Zoning Commission January 17, 2019 Page 5 of 7 Parsons noted it is after the limitation period so the applicant would have to be the one to request a deferral. Parson noted that he agrees with Townsend that the only option is residential due to lot size limitations and doesn't need to see a concept of single duplex house. Baker asked if a good neighbor meeting required a minimum number of days advanced notice. Russett replied there is not, and noted the good neighbor meeting is voluntary as is a submittal of a concept plan. Baker moved to ask the applicant to defer this until at least two weeks to allow time to arrange a good neighbor meeting. Anderson stated in regards to a concept plan and surveys it would be pouring money into a project without knowing if they are even able to rezone and rebuilt to make the neighborhood better. The timeline they were under is why a good neighbor meeting was not held. The concept plan would be similar to other properties they have constructed. Baker asked what problems a two week deferral would create. Anderson said the timeline was based on the lender and would have to find out those specifics. Parsons noted it would actually be three weeks until the next meeting. Anderson also noted that she would need more information on what actual information the Commission wants to gain from surveys so they know how to proceed. Hensch said he felt it would have been a stronger case if they knew the condition of the current structure and historic survey. He understands the consideration of cost that is often brought up. Anderson said they would like to rehab the property, they have done some research (on the soils around the building) because it had previously been a pest control business and some of the quotes to mitigate that have been very expensive, but they would still like to restore if possible. Baker said it is important the Commission checks the same boxes for each application (the good neighbor meeting, concept plans) and if this is deferred to the February 7 meeting would that be enough time. Hensch noted the Commission cannot require a good neighbor meeting so a deferral would not necessarily accomplish that. Hensch felt it was better to just go forward with a vote at this time. A vote was taken and the motion fails 3-3 (Martin, Baker, Signs dissenting). CONSIDERATION OF MEETING MINUTES: JANUARY 3, 2019 Parsons moved to approve the meeting minutes of January 3, 2019. Signs seconded. A vote was taken and the motion passed 6-0. I � Prepared by: Jesi Lile,Associate Planner,410 E.Washington Street,Iowa City, IA 52240;319-356-5240(REZ18- 00025) Ordinance No. An ordinance conditionally rezoning approximately 0.155 acres of property located at 2130 Muscatine Avenue, from Community Commercial (CC-2) to High Density Single-Family Residential (RS- 12). (REZ18-00025) Whereas, the applicant, Anderson Construction, LLC, has requested a rezoning of property located at 2130 Muscatine Avenue from Community Commercial(CC-2)to High Density Single-Family Residential (RS- 12);and Whereas, the Comprehensive Plan indicates that appropriate infill development that is compatible and complementary to the neighborhood is desirable, and that there should be transitions between high-and low- density development as well as transitions between commercial and residential areas; and Whereas, staff finds that the proposed rezoning complies with the Comprehensive Plan provided that it meets a condition regarding the need for the installation of a 5-foot sidewalk along the Muscatine Avenue and 2nd Avenue frontages; and Whereas, the Planning and Zoning Commission has recommended denial due to concerns regarding compatibility with the neighborhood;and Whereas, Iowa Code §414.5 (2019) 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 condition in this agreement addresses a public need, specifically pedestrian connectivity through pedestrian infrastructure improvements; 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 Community Commercial (CC-2)to High Density Single-Family Residential (RS-12): EAST IOWA CITY S 75' LOT 8&E 10'OF S 75' LOT 7 BLK 15 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 Approved by //, ,alit Gt_A Stu adAl 1 tb-e City Attorneys Office a / ,l Ho/ Prepared by:Jesi Life,Associate Planner,410 E.Washington, Iowa City, IA 52240(319)356-5240(REZ18-00025) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), University of Iowa Community Credit Union (hereinafter "Owner"), and Anderson Construction, LLC (hereinafter"Applicant"). Whereas, Owner is the legal title holder of approximately 0.155 acres of property located at 2130 Muscatine Avenue; and Whereas, the Applicant has requested the rezoning of said property from community Commercial (CC-2) to High Density Single-Family Residential (RS-12); and Whereas, the Planning and Zoning Commission has recommended denial; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations to satisfy public needs caused by the requested change; and Whereas; the condition in this agreement addresses a public need, specifically increased pedestrian connectivity through pedestrian infrastructure improvements; and Whereas, the Owner & Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to accommodate pedestrian/bikeway connections; and Whereas, the Applicant 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. The University of Iowa Community Credit Union is the legal title holder of the property legally described as: EAST IOWA CITY S 75' LOT 8 & E 10' OF S 75' LOT 7 BLK 15 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 and Applicant agree(s) 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 the issuance of a certificate of occupancy, 5-foot wide sidewalks along the Muscatine Avenue and 2nd Avenue frontages shall be installed. ppdadMagVdraft cra.doc 1 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and 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. 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. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge 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. 8. 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 University of Iowa Community Credit Union Jim Throgmorton, Mayor By: Attest: Anderson Construction, LLC Kellie Fruehling, City Clerk By: Approved by: City Attorney's Office Ae/7� ppdadrtdagudran cza.doc 2 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and 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. 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. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge 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. 8. 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 University of Iowa Community Credit Union VP (-f C(At l( ¢ Jim Throgmorton, Mayor By: G/('c !l Attest: Anderson Construction, LLC Kellie Fruehling, City Clerk By: Approved by: City Attorney's Office ppdadMagtidraft cza-caa approved doe 2 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) Anderson Construction, LLC Acknowledgment: State of ,LOWA County of ; ri6vi&. This record was acknowledged before me on +(p l 1 , 20 19 by Berl J'Zvnderaa� (Name(s) of individual ) as tcncv (type of authority) of emetruc.tcbit (name of party on behalf of whom record was executed). o u� CHRISTINE CAMPBELL Notary Public in and for the State of Iowa $.. Commission Number 722943 My Commission Ex fres low (Stamp or Seal) Title (and Rank) My commission expires: o(2S(7AQ1 ppdadnVagVdan cza-coo approved.doc 3 University of Iowa Community Credit Union, Inc. Acknowledgement: State of Iowa ) ss: Johnson County 'r This instrument was acknowledged before me on Ytl 1 , 2019 by Ucbre Hac-du as ViCt Wesidery of University of Iowa Community A �M'cW-501011 or Credit Union, Inc. / No =ry r •lic in and for sai• "aunty and State 1�f MOLLY LAUREL SHARKEY Stam or ;Commission Number 806204 (Stamp Seal) • My Commission Expires o. September t,20 11) Title (and Rank) ppdadm/agVdraft cm cao approved doe 4 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: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 03/12/2019 Voteforpassage: AYES: Teague, Thomas, Throgmorton, Cole, Mims, Taylor. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published Item Number: 11.b. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 12, 2019 Ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1, from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1). (REZ18-00022) (Pass and Adopt) ATTACHMENTS: Description PZ Staff Report PZ Minutes Ordinance & Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ18-00022 GENERAL INFORMATION: STAFF REPORT Prepared by: Anne Russett, Senior Planner Date: January 3, 2019 Applicant: Allen Development c/o Jesse Allen P.O. Box 3474 Iowa City, Iowa 52244 319/ 530-8238 allenhomesinc@gmail.com Property Owner: Sladek Land #2 LLC c/o Jim Sladek 4670 Taft Avenue SE Iowa City, Iowa 52240 319/ 330-3380 Jim.sladek@jcsFamilyFarms.com Contact: Jesse Allen or John Yapp P.O. Box 3474 Iowa City, Iowa 52244 319/ 530-8238 or 319/ 325-1228 John.yapp.allenhomes@gmaiI.com Requested Action: Purpose: Location: Location Map: Rezoning from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1) To allow commercial development Northwest corner of Moss Ridge Road and Highway 1 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 3.2 acres Undeveloped, Interim Development -Research Park (ID -RP) North: Interim Development -Research Park (ID - RP) and County Agricultural (A) South: Highway Commercial (CH -1) East: Interim Development -Research Park (ID - RP) West: Interim Development -Research Park (ID - RP) and Research Development Park (RDP) Office Research Development Centers N/A N/A Property owners located within 300' of the proposed rezoning received notification of the Planning and Zoning Commission public meeting November 15, 2018 December 31, 2018 (The applicant deferred this application to the January 3, 2019 meeting) The applicant, Allen Development, has requested a rezoning from the Interim Development -Research Park Zone (ID -RP) to the Highway Commercial Zone (CH -1). The total project site, approximately 3.2 acres, is located at the northwest corner of Moss Ridge Road and Highway 1. The applicant has decided not to use the Good Neighbor Policy. ANALYSIS: Current Zoning: The property is currently zoned Interim Development -Research Park (ID - RP). The ID -RP zone district applies to undeveloped properties without access to City services and allows for nonurban uses of land, such as crop -related agricultural uses. Based on conservations with Public Works staff, water service is available to the site. There is not existing sanitary sewer adjacent to the site, but there is a public lift station located about 300 feet south of the property. The lift station was not designed to include the subject property; however, it has remaining capacity. Staff will need projected design 3 flows at the platting stage, but staff has no concerns with future development on this site utilizing the lift station. Proposed Zoning: The applicant has proposed rezoning approximately 3.2 acres to Commercial Highway (CH -1) Zone. The intent of the CH -1 zone is to allow the development of commercial uses along or near expressways and arterials. The CH -1 allows a variety of commercial uses, including office uses, eating and drinking establishments, hotels, convenience stores, and quick vehicle servicing uses, such as car washes. In terms of development standards, the CH -1 zone has no maximum or minimum height limits, but does limit the floor to area ratio (FAR) to 1.0. FAR is calculated by dividing the floor area of a building(s) on a lot by the area of the lot. Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan identifies this area as Office Research Development Center. This area is located within the North Corridor Planning District; however, this district plan has not yet been developed. The background section of the Comprehensive Plan provides an overview of the area surrounding the subject property. The area is envisioned for office park uses based on its close proximity to Interstate 80. Currently, the area is home to a number of the City's major employers, including numerous medical and professional firms located in Northgate Corporate Park, as well as ACT and Pearsons, which are education -based research and service firms that employ thousands of people. The proposed rezoning is consistent with this vision in that it would provide commercial support services in close proximity to major employers. Compatibility with Neighborhood: The proposed zoning is compatible with the surrounding neighborhood. Directly to the south of the property is an existing commercial development that includes a gas station and convenience store. Further south is Pearsons. To the east, across Highway 1, are more commercial and office uses, including the Northgate Corporate Park. Environmentally Sensitive Areas: According to FEMA data, this area is located in the 100 - year and 500 -year floodplain; however, in 2015 the property owner obtained permits from the City to fill in the site and raise it above the 500 -year floodplain. The applicant will need to confirm the existing elevation is above the 500 -year floodplain at the site plan review stage. If the existing elevation remains located in the floodplain, staff will require compliance with the City's floodplain management standards during the review of the site plan. In addition, the site is located near Rapid Creek and a floodway; however, the project site is located outside of the floodway. Traffic Implications, Access, and Street Design: The site can be accessed via Moss Ridge Road. Staff proposes that as a condition of the rezoning that the applicant close the access from Highway 1. Access to the site would only be allowed via Moss Ridge Road. The area is served by the North Dodge bus route. The closest stop is less than'/4 mile P5 -minute walk) from the project site. The stop is accessible via the existing wide sidewalk on the west side of Highway 1. There are no bicycle facilities and none proposed per the City's Bicycle Master Plan. The subdivision ordinance requires sidewalks on both IR sides of public and private streets, so additional sidewalks along Moss Ridge Road and Highway 1 will be required at the time of platting. Staff proposes that as a condition of the rezoning the applicant install a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. The City will be responsible for installing pedestrian signal improvements. Neighborhood Open Space: The City's neighborhood open space requirement applies to residential subdivisions, commercial subdivisions containing residential uses, and planned developments. The proposed zone district, CH -1, does not allow residential uses, therefore, the neighborhood open space fee does not apply. Storm Water Management: Storm water management will need to be provided on-site and the applicant's concept plan identifies a location for storm water detention. City staff will review storm water management plans at platting and at the site plan review phase. Based on conversations with Public Works staff, with the proximity of the creek there is no concern with the ability to properly discharge storm water. Infrastructure fees: The City requires developers to pay a $456.75 per acre fee for water service. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible for costs associated with the water and sanitary sewer improvements needed to serve the project site. SUMMARY: Based on the analysis, staff finds that the proposed rezoning with the identified conditions is both in compliance with the Comprehensive Plan and compatible with the existing neighborhood. The Comprehensive Plan identifies this area as appropriate for office uses based on its proximity to 1-80. The proposed rezoning would allow for commercial development, including offices, that could provide necessary support services to the existing major employers and employees. NEXT STEPS: Upon approval of the proposed rezoning, the applicant will be required to submit applications for preliminary and final plats to subdivide the land into lots that follow the proposed zoning boundary. The preliminary plat would be reviewed by the Planning and Zoning Commission. The preliminary and final plats would be reviewed and approved by the City Council. After the subdivision stage, the applicant would be able to submit a site plan for staff review and approval prior to the issuance of building permits. During the site plan review stage, staff will review landscaping plans. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 5 2. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. ATTACHMENTS: 1. Location Map /Aerial Photograph 2. Zoning Exhibit 3. Concept Plan Approved by: I :) Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services REZONING EXHIBIT A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH P.M. IOWA CITY, JOHNSON COUNTY, IOWA PLAT PREPARED BY: OWNER: APPLICANT: MMS CONSULTANTS INC. SLADEK LAND 42 LLC ALLEN HOMES INC 1917 S. GILBERT STREET 4670 TAFT AVENUE SE PO BOX 3474 IOWA CITY, IA 52240 IOWA CITY, IOWA, 52240 IOWA CITY, IOWA, 52244 Zg51i 3 /B,�ZVpE %ryh N 9 /N �j REZONING PARCEL s i (FROM ID -RP TO CH1) 139.185 g � n 9'39'0]" R 35000'-3fi'43'20 L 589fi' R=364.00' + T 29 55 -246.1 1' `n 89'T=127.45a=S77'IB'02"W C=241.92' �G-58 4 Ca=N7S'32'45"W '25 r V ;,Cs l� 3pj� 1:h r"1 SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST WARIER OF SECTION 36—T80N—R6W OF THE FIFTH P.M. G',\7596\7596-102\7596-102Zdwg, 122112018105,03 PM 3 LOCATION MAP - NOT TO SCALE I REZONING LOCATIONr' -N� I a. EI\4TU IW Pot of Beginning 2 I-C"In m X31, 7a3_��1=R(m 7 892.20' S88.38'18"W CENTER OF SECTION 36—T80N—RfiW OF THE FlFTH P.M. DESCRIPTION — REZONING (FROM ID—RP TO CHI) Commencing .t the Center of Section 36, Township 80 North, Range 6 West, of the FRth Principal Meridien; Thence S88'36'18 W. along the South Line of the Southeast Quarter of the Nodhvrest Quarter of Said Section 38, a distance of 892.20 feet, to a Paint on the Westerly RigMaf-Way Line of Highvrey p1; Th— N213240E. along saltl Westerly Rlghtaf-Way Une, 63.09 feet: Thenw N34°21.26'E, along said N/estedy Right -of -Why Llne. 90.55 feet m Its with the Northerly RigM-of--Way Line of Moss Ridge Road, end the Point of Beginning; Thence Northwesterly 248.11 feet, along said Northerly Right --y Line on a 384.00 foot radius curve, concave Seuth--ly, whose 241.92 fact—h bears 479°32.45'W; Thence S82 -05'35•1,V, aleng said Northerly Rightaf-YVey IT,,, 9.22 feet; Th— Southwesterly 5NW feet, .Ione said Northerly Rlghtbcway Ll- on a 350.00 foot radius curve, w Southeasterly, whose 58.89 foot chard bears S77 -16'02•1,V; Thence N17 -33'32W,155.21 feet; Thence N60 -54'20•E, 04.30 feet; Thence N66'5946 E. 1670 feet Thence 467°52'14-E, 245.11 feet' Th-- 463.19'25•E, 186.81 feet, Thence S52 -19.41"E. 74.24 feet, to a Paint on the Westedy Right -of -Way Of said 1119 ay p1; The— 546°52'551M, 323.11 feet Th— S37°10•43'V), 222.56 feet to the Point of eegi-hg. Said —It— P.rwl 2016126 —Nlhs 2.91 Acres, and h subj- to easements and resirlglnns of recon. M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 (319) 351-8282 www. m msco n sulta nts. net oaLe rze�ismn 1121-16 1.11EE 80UNOARV JOM REZONING EXHIBIT A PORTION OF THE SOUTHEAST QUARTER OFT H E NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 86 NORTH, RANGE 6 WEST, OF THE FIFTH P.M. IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. oe<r 11-9-2018 oeslgled RLA Reld Book No, Drawn by: Scale: RLW 1"=100' Checked Sheet Nor PB 1 FToject Nor IC 7596-102 of: 1 j NICE PLAN OSS RIDGE R IOWA CITY, IOWA / STORMWATER DETENT�ON/ O / 0�' O oe o� � Aw G',\]596\]596-102\]596-102X.dwg, 12/21/20181:42'.29 Pki r/PA/ / w P 0 9 ii 30 d5 BO GRAPHIC SCALE IN FEET 1 "=60' M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 (319) 351-8282 Dar® I rze'smn 12-21-18 per city comments-jdm ILLUSTRATIVE CONCEPT PLAN HIGHWAY 1 AND MOSS RIDGE ROAD IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Dake: 11-15-18 Deelgned by: HMO Bods Na: JDM Drawn by Scale. JDM 1"=60' Checked bj: SYieet No: Project No: IC 7596-102 af: 1 Planning and Zoning Commission January 3, 2019 Page 14 of 18 Parson agreed, the main issue from the previous application was the 36-plex on Lot 1 and now that is gone so it has alleviated any concerns he had. Baker is still uncomfortable with the crosswalk, he cannot think of a better location for it. Signs feels they could do one where Cherry meets Gilbert just as easily as the one proposed 500 feet north. Russett said Public Works and Transportation Staff looked at this and while that would be an ideal location there is a significant drop off on the western side of Gilbert Street that cannot been seen on the aerial. Hensch believes this is a much improved proposal, the density issue has certainly been resolved by the removal of the other 36-plex, the fire station will be a neighborhood good, rather than negative, and as a resident of Pepper Drive since 1993 he understands the neighborhood really well and notes because of the concentration of group homes and social services it is in some regards a negative but in some regards a positive. A vote was taken and the motion carried 6-0 (Martin absent) REZONING ITEM (REZ18-00022): Discussion of an application, submitted by Allen Development, for a rezoning of approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1). Russett presented the Staff report and began by showing an aerial map of the proposed project site, located at the northwest corner of Moss Ridge Road and Highway 1. She next showed the current zoning designations of the project site and the areas around it. The property is currently zoned Interim Development -Research Park which allows for nonurban development such as agriculture and very low density single family. The applicant is proposing to rezone this to Highway Commercial and the property can be rezoned at this time due to the availability of public infrastructure. Russett noted that based on the Comprehensive Plan this area is designated as Office Research Development Center, this area is envisioned for office park uses based on its close proximity to Interstate 80. This area is home to a number of the City's major employers and the proposed zoning to Highway Commercial is consistent with this vision in that it would provide commercial support services in close proximity to major employers. Russett showed some photographs of the project site. Based on data from FEMA the project site is located in the 100- year and 500 -year floodplain; however, in 2015 the property owner obtained permits from the City to fill in the site and raise it above the 500 -year floodplain. Compliance with the City's floodplain management standards will be required at the review of the site plan. In terms of transportation the site is accessed via Moss Ridge Road, the area is also served by the North Dodge bus route, the closet stop is within a 15 minute walk. The City's subdivision regulations would require that sidewalks be installed along Moss Ridge Road and Highway 1 on the southern and eastern frontages of the project site. Staff is recommending a couple of conditions related to transportation, first is the closure and removal of the access road off of Highway 1 and therefore sole access to the site would be from Moss Ridge Road. In addition Staff is recommending the applicant install a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road to the south and pedestrian ramps on the northern and southern portions of Moss Ridge Road. The Planning and Zoning Commission January 3, 2019 Page 15 of 18 City will be responsible for installing pedestrian signal improvements. Russett showed a concept plan of the site, and Staff recommends a condition that requires general conformance with the concept plan in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. The concept also shows stormwater management detention facilities which would be required at platting. Finally the concept plan shows proposed landscaping. Staff recommends approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. Hensch asked if this site was at the far north boundary of the city limits and Russett confirmed it was. Hensch noted the report said landscaping would be addressed at the site plan review and his concern is this is an entryway into the City and the Commission has stressed how important landscaping is at these entry points and he is concerned a landscaping plan was not required to be submitted at this stage. Baker suggested adding that a landscaping plan be submitted as well to condition #2. Russett said they could add the condition that the landscaping plan be reviewed by the City Forester, it would still be at site plan review, but adds a second layer of review. Dyer shared concern that the Forester really focusses on the kinds of plantings and not design. Hensch opened the public hearing. John Yapp (920 4t" Avenue) from Allen Development came forward to reiterate a few points and then address the comments on landscaping. They are aware this is located on a major corridor and commuter highway and close by to Interstate 80. The City constructed Moss Ridge Road with a signalized intersection about three years ago with the intent of spurring office park development to the west, that hasn't occurred yet. This particular property is isolated from the office park to the west and to the rest of Mr. Sladek's property to the north due to Rapid Creek and Rapid Creek Floodway. Yapp noted this development would serve the large employment areas to the south, not just north of Interstate 80 but south of Interstate 80, which has thousands and thousands of employees in total. The property is currently at the north boundary of the City, however the City does have long range plans to construct Oakdale Boulevard to the north, which would connect to Oakdale Boulevard in Coralville and open up more of that land to the north for development. Regarding the landscaping plan, there are two more phases where that could be reviewed, both the preliminary plat and the site plan review. The City's site plan process includes the landscaping plans to be reviewed by City Engineering, City Forrester and City Planning Staff, and they do not have any objection to that being a condition. Yapp noted they also concur with the rest of the staff conditions. Hensch asked how far the property is from Rapid Creek. Yapp believes it is about 100 feet from the creek itself, the property does border the floodway of the creek. Hensch asked if the property site was flooded in 1993 or 2008. Yapp noted that Mr. Sladek, who currently owns the property, Planning and Zoning Commission January 3, 2019 Page 16 of 18 stated that before the property was filled it would likely have been flooded, but it has now been filled. Dyer noted this was the least developed concept plan she had seen in at least seven or eight years and would like to know a little bit more about what is proposed for the site. Yapp said they do not yet have any tenants for the development, they did the concept plan to show how two or three different uses could fit on the property. Additionally they will be closing the direct access off Highway 1 and making access from Moss Ridge Road. The types of uses they have been in contact with include convenience store/gas station, office development and fast -casual restaurants. Hensch asked about the timeline for the development. Yapp said there is no specific timeline, it will depend on attracting users to the property. Baker asked if this rezoning would also allow for one large building as opposed to two or three smaller buildings. Yapp said it could. Dyer asked what the reason was from changing it from office to commercial. Yapp noted the property is very small to be part of an office park and cut off by the rest of the larger area by Rapid Creek, it also has highway frontage and access. Hensch asked if the property is currently tilled. Yapp said it has been until recently, but is not currently, not in the last five years. Signs noted this is a pretty prominent piece of property to be seen as the entryway to the City and was underwhelmed by the lack of green space and amount of buildings on this space. He hopes some attention will be given to make it more open. Yapp agreed on the property itself, as commercial property, it would not have a lot of dedicated greenspace, it would be landscaped of course, just to the north is Rapid Creek and the Rapid Creek Corridor and it has a between a 200 and 300 foot floodway which cannot be developed so visually there will be a lot of green space around the development. Hensch asked about the topography on the parcel, Yapp noted it is relatively flat Baker discussed the landscaping plan and what the fellow Commissioners would like to see above what the minimum is required for the site. Hensch said he just wants a review to make sure it is not forgotten about. Townsend added that at this point they don't know what will be built on the site so may be difficult to know what the landscaping will look like. Hensch closed the public hearing. Baker moves to recommend approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries. 3. General conformance with the concept plan only in that a principal building must Planning and Zoning Commission January 3, 2019 Page 17 of 18 occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. Parsons seconded the motion. Baker suggested adding to condition 2 that a landscaping plan approved by the City Forester. Parsons seconded the amendment. Hensch noted there is two water retention areas on the periphery of the property and the developers know they cannot develop on those so there can be some landscaping decided upon now for at least two sides of the property. He agrees not knowing what will be built can make it difficult, but there can still be a plan for the periphery of the property. Signs recognized the property is surrounded by a wide-open prairie and this development will stick out like a sore thumb so if there is any way to minimize that transition to the development from the prairie he feels that would be appropriate. He does agree that the use for the space is probably exactly what it should be. A vote was taken and the motion carried 6-0 (Martin absent). CONSIDERATION OF MEETING MINUTES: DECEMBER 20, 2018 Signs moved to approve the meeting minutes of December 20, 2018. Parsons seconded. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 6-0. 112 Prepared by: Luke Foelsch, Planning Intern,410 E.Washington Street, Iowa City,IA 52240;319-356-5230(REZ18- 00022) Ordinance No. 19-4780 An ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1, from Interim Development-Research Park (ID-RP) to Highway Commercial (CH-1). (REZ18-00022) Whereas, the applicant, Allen Development, has requested a rezoning of property located at the northwest corner of Moss Ridge Road and Highway 1 from Interim Development-Research Park(ID-RP)to Highway Commercial(CH-1);and Whereas,the Comprehensive Plan envisions the area for office park uses based on its close proximity to Interstate 80 and the proposed rezoning provides commercial support services to the major employers in this area;and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the closure and removal of the access road off of Highway 1, a detailed landscaping plan, a principal building occupying the corner of Moss Ridge Road and Highway 1, and the installation of a 10-foot wide sidewalk along Highway 1 as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road;and Whereas, Iowa Code §414.5 (2019) 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 properly 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 Interim Development-Research Park(ID-RP)to Highway Commercial(CH-1): Commencing at the Center of Section 36, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°38'18"W, along the South Line of the Southeast Quarter of the Northwest Quarter of Said Section 36, a distance of 892.20 feet, to a Point on the Westerly Right-of-Way Line of Highway#1;Thence N21°32'40"E, along said Westerly Right-of-Way Line, 63.03 feet; Thence N34°21'28"E, along said Westerly Right-of-Way Line, 90.55 feet, to its intersection with the Northerly Right-of-Way Line of Moss Ridge Road, and the Point of Beginning;Thence Northwesterly 246.11 feet, along said Northerly Right-of-Way Line on a 384.00 foot radius curve, concave Southwesterly, whose 241.92 foot chord bears N79°32'45"W; Thence S82°05'35"W, along said Northerly Right-of-Way Line, 3.22 feet; Thence Southwesterly 58.96 feet, along said Northerly Right-of-Way Line on a 350.00 foot radius curve, concve Southeasterly, whose 58.89 foot chord bears S77°16'02'W; Thence N17°33'32"W, 155.21 feet; Thence N60°54'29"E, 94.30 feet; Thence N66°59'46"E, 167.70 feet; Thence N67°52'14"E, 245.11 feet; Thence N63°19'25"E, 188.81 feet; Thence S52°19'41"E, 74.24 feet,to a Point on the Westerly Right-of-Way of said Highway#1;Thence S40°52'S5"W, 323.11 feet; Thence 537°10'43"W, 222.50 feet, to the Point of Beginning. Said Auditor's Parcel 2018120 contains 3.20 Acres, and is subject to easements and restrictions of record. 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 Ordinance No. 19-4780 Page 2 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. 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 12th day of March , 2019. Ma or Attest: 4174-GC—p City Clerk Approved by n Iti -��1-ea � 44a 1/3d City Attorney's Office Ordinance No. 1 9_4780 Page 3 It was moved by Teague and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 02/05/2019 Voteforpassage: AYES:Teague ., Thomas, Throgmorton, Salih, Taylor. NAYS: Cole. ABSENT: Mims. Second Consideration 02/19/2019 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None. Date published 03/21/2019 Prepared by:Luke Foelsch,Planning Intern,410 E.Washington,Iowa City,IA 52240(319)356-5230(REZ18-00022) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Sladek Land #2 LLC (hereinafter "Owner"), and Allen Development (hereinafter"Applicant"). Whereas, Owner is the legal title holder of approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1; and Whereas, the Owner has requested the rezoning of said property from Interim Development-Research Park(ID-RP)to Highway Commercial (CH-1); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the closure and removal of the access road off of Highway 1, a detailed landscaping plan, a principal building occupying the corner of Moss Ridge Road and Highway 1, and the installation of a 10-foot wide sidewalk along Highway 1 as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road,the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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 conditions outlined in this agreement address several public needs, including the maintenance and enhancement of the appearance of this entranceway into Iowa City through landscaping and building placement, increased pedestrian connectivity through pedestrian infrastructure improvements, and ensuring the lot lines follow zoning boundaries; 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 to preserve and enhance the entranceways to the city and accommodate all modes of transportation; 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. Sladek Land#2 LLC is the legal title holder of the property legally described as: Commencing at the Center of Section 36, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°38'18"W, along the South Line of the Southeast Quarter of the Northwest Quarter of Said Section 36, a distance of 892.20 feet, to a Point on the Westerly Right-of-Way Line of Highway #1; Thence N21°32'40"E, along said Westerly Right-of-Way Line, 63.03 feet; Thence N34°21'28"E, along said Westerly Right-of-Way Line, 90.55 feet, to its intersection with the Northerly Right-of-Way Line of Moss Ridge Road, and the Point of Beginning; Thence Northwesterly 246.11 feet, along said ppdadm/agl/draft cra rez18-00022-1.17.19.doc 1 Northerly Right-of-Way Line on a 384.00 foot radius curve, concave Southwesterly, whose 241.92 foot chord bears N79°32'45"W; Thence S82°05'35"W, along said Northerly Right-of-Way Line, 3.22 feet; Thence Southwesterly 58.96 feet, along said Northerly Right-of-Way Line on a 350.00 foot radius curve, concve Southeasterly, whose 58.89 foot chord bears S77°16'02"W; Thence N17°33'32"W, 155.21 feet; Thence N60°54'29"E, 94.30 feet; Thence N66°59'46"E, 167.70 feet; Thence N67°52'14"E, 245.11 feet; Thence N63°19'25"E, 188.81 feet; Thence S52°19'41"E, 74.24 feet, to a Point on the Westerly Right-of-Way of said Highway #1; Thence S40°52'55"W, 323.11 feet; Thence S37°10'43"W, 222.50 feet, to the Point of Beginning. Said Auditor's Parcel 2018120 contains 3.20 Acres, and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 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. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. b. No building permit shall be issued for the subject property until the City Council approves a final plat thereof that conforms to the zoning boundaries. c. General conformance with the concept plan only in that a principal building must occupy the comer of Moss Ridge Road and Highway 1. d. Prior to the issuance of a certificate of occupancy, installation of a 10-foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. e. Any development of the subject property shall be done in accordance with a detailed landscaping plan to be approved by the City Forester to ensure the development aligns with the comprehensive plan's goal of preserving and enhancing the entranceways to the city. 4. The Owner and Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and 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. 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. ppdadrVagUdraft va rez18-00022-1.17.19.dac 2 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge 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. 8. 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 12th day of March , 2019. City of Iowa City Ji Throgmorton, May• By: Attest: L .r Kell' Fruehling, Ci Clerk By: Approved by: City Attorney's Office City Of Iowa City Acknowledgement: State of Iowa ss: Johnson County This instrument was acknowledged before me on mgroh ,, 20 it) by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. �.1 /7/ , Notary Public in and for th:F: -/te of Iowa (Stamp or Seal) Title(and Rank) r CHRISTINEOLNEY iu Camp NY its 806232• DON ppdadrn/agudraft cm rezl8-00022-1.17.19.doc 3 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge 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. 8. 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 41 Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk By: Approved 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) ppdadm/a9Vdraft as rez18-00022-1.17.19.doe 3 Corporate Acknowledgement: State of Iowa )ss: Johnson ••• 1 This instrument was - nowledged before me - , 20_ by as of , Inc. Notary -• •tic in and for said County and State (Stamp or Seal) Title(and Rank) Sladek Land#2 LLC Acknowledgment: State of _LtaJce. County of hnsot-) This record was acknowledged before me on / ' 2-g-1 9 (Date) by TctmeS S('c c/e/t (Name(s) of individual(s)as m e m be r- (type of authority, such as officer or trustee)of S(a_c .K Land #2 LL G (name of party on behalf of whom record was executed). ,J Notaryublic in for a State of Iowa , (Stamp or Seal) KEU IE K.FRUEHLING C ELLIE K.Numbv 2tI819 Title (and Rank) My Commission Expires My commission expires: ppdadrwagudrafl as rez19-00072-1.17.19.dec 4 Item Number: 11.c. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org March 12, 2019 Ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. (REZ18-00024) (Pass and Adopt) ATTACHMENTS: Description Staff Report Location Map Subdivision Plans Cherry Creek Elevations Zoning Exhibit P&Z Minutes for Cherry Creek Subdivision Ordinance & Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ18-00024/SUB18-00017 Cherry Creek Subdivision GENERAL INFORMATION: Applicants: Contact: STAFF REPORT Prepared by: Ray Heitner Date: January 3, 2019 Bedrock, LLC 3500 Dolphin Drive Iowa City, IA 52240 City of Iowa City, IA 410 E. Washington Street Iowa City, IA 52240 Kelly Beckler MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Requested Action: Rezoning from ID -RM to OPD/RS-5, OPD/RM-12 and OPD/P-1 preliminary sensitive areas development plan, and preliminary plat approval. Purpose: Location: Location Map: Size: To allow development of (17) single family lots, (21) townhouse style multifamily dwellings, (1) 36 -unit multifamily buildings, and (1) new City Fire station. East of S. Gilbert Street and South of Waterfront Dr. 18.03 acres Existing Land Use and Zoning: Undeveloped Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: 4 North: residential and agricultural - ID -RM South: residential — RS-5/OHD East: residential — RS -5 West: Napoleon Park — P1 South District Plan — residential 2- 8 dwelling units per acre S1- Wetherby November 29, 2018 January 13, 2019 APPLICATION BACKGROUND INFORMATION: An earlier version of this application was first presented to the Planning and Zoning Commission on June 7t" of 2018. The Commission voted to defer, at the applicant's request, consideration of the application until June 21st, 2018. During the June 21st meeting, the Commission voted 6-1 to recommend the application to the City Council, with the following conditions: 1. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. 2. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 3. That the applicant will contact with an archaeologist approved by the state to complete a study or excavation plan prior to any additional grading on the property. At the City Council's second hearing for the application on September 4t", 2018, the motion recommending approval of the application failed due to a 3-3 vote from the Council. Council members provided various reasons for approval and disapproval of the original application. Those in favor of approving the application cited the desire to have high quality homes in this area of town, and praised the application's incorporation of varied dwelling units and densities. Dissenting opinions included concerns about increased traffic and density to this neighborhood, and a general lack of social infrastructure in the development. The current iteration of the application includes a preliminary plat and sensitive areas development plan, in addition to the request to rezone the land. The current application has made a few notable changes. The second 36 dwelling -unit multi -family building, formerly located on Lot 1, has been removed from this application. The City of Iowa City is a co -applicant on the rezoning application for Lot 1 to be rezoned to Neighborhood Public (P-1). The current application has also removed all structures from the Lot 1 area to make way for a grading plan that will make the lot relatively flat and ready for future development. The City has entered into a purchase agreement with Bedrock L.L.0 to purchase Lot 1 from the developer, with the intention of building a future fire station for the city on the lot. The City anticipates obtaining possession of this lot on November 30, 2019. While the City plans on using this lot for a future fire station, actual construction of the station will likely be several years from now. The agreement is contingent upon the seller (Bedrock) satisfying several conditions, including subdividing and rezoning the property for use as a fire station. All public infrastructure, including streets, sanitary sewer, and water will be installed by the seller prior to City possession. The seller will also be responsible for performing all site grading and seeding, and the lot will be transferred to the City as greenspace. 3 Additional minor changes to this application include illustration of designated private open space with playground equipment and picnic tables highlighted on the plat. Some preliminary landscaping details have been shown on the plat as well. LAND BACKGROUND INFORMATION: This property was annexed into the city between 1960 and 1966. Since 1983 it has been zoned Intern Development — Multifamily (ID -RM). The applicant has requested that the property be rezoned to Planned Development Overlay/Low Density Single Family Residential (RS -5) for 5.80 acres and Planned Development Overlay/Low Density Multifamily Residential (RM -12) for 9.70 acres. As co -applicant, the City of Iowa City is requesting a rezone for 2.53 acres in the southwest portion of the subdivision to Planned Development Overlay/Neighborhood Public (P-1). The City intends to use this land to build a future Fire Station. A Planned Development Overlay zone is required due to the presence of multiple sensitive features such as removal of existing woodlands and proposed disturbance of protected slopes to accommodate stormwater management. More details on these features will be presented in the Sensitive Areas section of the staff report. The applicant conducted a second Good Neighbor Meeting on November 27th, 2018 to discuss these revisions to the plan. The meeting was attended by 15 neighbors who are adjacent to the proposed development. Some meeting attendees expressed similar concerns to concepts presented in the original application including, a lack of usable open space, general density concerns, and safety concerns with the pedestrian crossing at Gilbert St. Other meeting attendees were supportive of the project. In addition to presenting updates to the plan, the developer gave a general time frame for completing different phases of the development, emphasizing construction of the Cherry Avenue townhomes and Toby Circle single family homes before construction of the 36-plex multi -family building on Lot 2. ANALYSIS: Current Zoning: The purpose of the Interim Development Zone (ID) is to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue until such time as the City is able to provide City services and urban development can occur. Upon provision of City services, the City or the property owner may initiate rezoning to zones consistent with the Comprehensive Plan, as amended. General Planned Development Approval Criteria: Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. Density — RS -5: The applicant has requested that 5.80 acres located on the south and east side of the development be rezoned from ID to Low Density Single Family with a Planned Development Overlay for sensitive areas (OPD/RS-5). The Low Density Single -Family Residential Zone (RS - 5) is primarily intended to provide housing opportunities for individual households. The minimum lot size in the RS -5 zone is 8,000 square feet with a minimum lot width of 60 feet. The proposed lots range in size from 8,164 square feet to 17,242 square feet. All lots meet the minimum 60 - foot lot width. Staff finds the proposed OPD/RS-5 plan is compatible with the adjacent development to the east, and provides for a transition to the higher density multifamily ri development proposed to the west. RM -12: The applicant is proposing Low Density Multifamily with a Planned Development Overlay for sensitive areas (OPD/RM-12) on 9.7 acres within the project's northern area. The purpose of the Low Density Multi -Family Residential Zone (RM -12) is to provide for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a 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. The 17 dwelling units on Lot 3 would be placed on a 2.93 acre lot, resulting in a density of 5.8 units per acre. The 40 dwelling units on Lot 2 would be placed on a 6.05 -acre lot, resulting in a density of 6.6 units per acre. The collective average of these areas would result in 6.2 units per acre, well within the prescribed density range of 2-8 units per acre that is articulated in the comprehensive plan. Within the proposed OPD/RM-12 zone, the applicant is proposing one 36 -unit multifamily building to the east of Gilbert Street, with driveway access to the proposed extension of Cherry Avenue. An additional 21 townhouse -style multifamily dwellings are proposed to be located on Cherry Avenue. The proposed townhouse style dwellings provide a transition between the single-family neighborhood and the proposed apartment building adjacent to Gilbert Street. After removing street right-of-way, the overall density of the proposed RM -12 area is 6.2 units per acre. When combined with the RS -5 area the overall density of the proposed development is 6.1 units per acre and is within the 2-8 dwelling units per acre shown on the Comprehensive Plan for this area. As discussed below, the South District Plan element of the Comprehensive Plan encourages the clustering of development on this property. P-1: The proposed City fire station that would be located on Lot 1 would be placed on a 2.26 acre plot of land. Building design, dimension, and placement details for the station are unknown at this time. Fire Department officials indicated at the Good Neighbor meeting in November that department vehicles would primarily look to use S. Gilbert St. as a point of access to and from the station, though there might be occasions where use of Cherry Avenue would be necessary. Fire Department officials also noted that once the City was ready to proceed with the development of a fire station, additional community meetings would be held. Land uses proposed and general layout - The planned development process encourages a mix of housing types and allows the flexibility to locate those housing types in a manner that fits the site. The land uses proposed are single-family units, townhouse style multifamily buildings with 3 to 5 dwellings per building, and one 36 -unit multifamily building with a combination of surface level and lower level parking. The layout of the streets and buildings have been designed to provide a transition from the existing single-family homes in the Pepperwood Addition and the larger apartment building proposed near Gilbert Street. Woodlands and slopes provide a buffer between this and the adjacent properties to the north and south. Mass and Scale - The proposed single family lots are subject to the same RS -5 standards regarding setbacks, lot coverage, and building height as the existing lots in the Pepperwood Addition. The townhouse buildings include 3 design options with a variety of building materials and roof lines to prevent a monotonous streetscape. The larger multifamily building has been designed to generally comply with the multifamily design standards, including fagade articulation and variation of the roof line. The stone veneer and wood siding are intended to complement the natural environment. 9 Open space - Lots 2 and 3 will contain over 2 acres of protected open space. However, most of that area contains steep slopes and woodlands and will have limited use for active recreation. The applicant has shown a private open space area adjacent to the 36 -unit building on Lot 1 for residents' use. Staff recommends that the final plan provide details regarding the square footage of those areas, and any amenities, such as outdoor dining space and playground equipment. The developer has agreed to pay fees in lieu of providing accessible public open space. Traffic circulation - Cherry Avenue will provide street access for the property to Gilbert Street, an arterial street with sufficient capacity for the projected traffic. Based on the Institute of Traffic Engineers Trip Generation Handbook (91" Edition), the development (as proposed with 76 dwelling units) will generate between 500 and 550 vehicle trips per weekday. In 2014, Gilbert Street had an average daily traffic count of approximately 6,700 vehicles per day (Iowa DOT). Given that the capacity of a four -lane minor arterial street is more than 30,000 trips per day, the additional traffic generated by the development alone will not over -burden Gilbert Street. While some of the traffic generated may choose to use Sandusky Drive for access, it is anticipated that a majority of the traffic will access Cherry Avenue via Gilbert Street. Additionally, the connection of Cherry Avenue from Sandusky Drive to Gilbert Street will provide an alternative street access for the Pepperwood subdivisions and will improve access for emergency and service vehicles. As discussed below under #4. traffic calming features are being included on Cherry Avenue. Based on this information, and given the removal of the second 36-plex building from the original plan, staff finds the density and design of the Planned Development will be compatible with and complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. 2. The development will not overburden existing streets and utilities. City sewer and water is available to this property. Capacity is adequate to accommodate development of these additional dwelling units. Onsite stormwater management is required. The applicant is proposing to build two stormwater basins in the ravine located along the north property line. Preliminary storm water calculations reviewed by the City Engineer indicate that the capacity of the proposed storm water basins are adequate to handle the projected run-off from the site. The ravine in which the stormwater facilities is proposed, contains protected slopes. Currently the ravine is subject to severe erosion. Construction of the stormwater facilities will be designed to correct current erosion and prevent future erosion. As noted below, the sensitive areas provisions of the zoning code allow essential utilities, including stormwater facilities, to be constructed within protected areas if they are designed to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. After installation of the facilities, the sensitive protected areas and associated buffers must be restored by the developer. Because part of the stormwater facilities will be located on the adjacent property to the north, an off-site easement will be necessary at time of final plat approval. Gilbert Street has capacity to serve the proposed development and Cherry Avenue will improve traffic connectivity for the area. Based on this information, it is staff's finds that the development will not overburden existing streets and utilities. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. 1.1 While the proposed development will be a significant change to what has been appreciated for many years by surrounding neighbors as open space, staff finds that the proposed development is not a significant departure from what would be allowed for a conventional development with regard to views, light and air, property values, and privacy of neighboring properties. The proposed RS -5 lots (lots 4-16) will provide a transition from the existing single-family homes within the Pepperwood Addition to the townhouse style buildings and the larger apartment buildings to the west. The apartment building will be built down slope from the existing neighborhood and this should help lessen the visual effect of these larger buildings. The property to the south is the historic McCollister Farm, which contains a historic house and a recently constructed single-family dwelling. These two properties contain a significant amount of open space and woodlands that screen them from the proposed development. Because the McCollister Farm is a designated historic landmark, further development is not anticipated. Grading plans for Lot 1 will remove some trees from the southern property line. Staff has requested that the developer dedicate an additional landscape easement along the southwest boundary of Lot 1 to provide vegetation screening for neighbors to the south. A mixture of evergreen, oak, and white pine trees have been recommended by City Parks and Recreation staff as suitable replacement trees for the developer to plant in this area. The property to the north contains Friendly Farm, an organic agricultural use. The ravine on the north side of this property continues onto the Friendly Farm property. The portion of the ravine on this property contains protected slopes and will be within a conservation easement preventing further development. This will provide a wooded buffer between the proposed Cherry Creek Subdivision and the Friendly Farm property. Based on this information, staff finds the development will not adversely affect views, light and air, property values, and privacy of neighboring properties any more than would a conventional development 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. All planned developments must comply with all the applicable requirements and standards of the underlying zoning district and the subdivision regulations, unless specifically waived or modified through the planned development process. Variations to the dimensional requirements of the underlying base zone and subdivision regulations are allowed: • to facilitate the provision of desired neighborhood amenities or open space; • to preserve or protect natural, historic, or cultural features; • to achieve compatibility with surrounding development; or • to create a distinctive or innovative neighborhood environment for area residents. The initial application included a request for reduction of the standard collector street width of 31 feet down to 28 feet on Cherry Avenue. The applicant will request a waiver from this reduction in street width, as the current application shows streets designed with this width in mind. In its review of the previous application, staff recommended this reduction to provide traffic calming for Cherry Avenue, which will carry traffic from Sandusky Drive to Gilbert Street. Traffic circles are also proposed on Cherry Avenue in two locations where it will intersect with Toby Circle. The intent is to allow Cherry Avenue to provide neighborhood street connectivity, but to discourage its use as a cut through, and to calm speeds of vehicles using the street. Staff finds that the proposal to reduce the pavement width from 31 feet to 28 feet is reasonable given the goal of traffic calming for this street. VA Pedestrian Facilities: Planned developments must include pedestrian facilities to ensure that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities. In addition, providing street trees and a variety of building facades that address the street with visible doors and windows make for a more comfortable environment along the street for pedestrians. Staff finds that the sidewalks, building designs, and street trees proposed will meet the standard described above. However, staff is also recommending that the applicant install a 5' wide sidewalk along the entire Gilbert Street frontage along the east side of S. Gilbert St. Staff is also requesting that the developer install curb ramps for an uncontrolled crosswalk across S. Gilbert St. The City will be responsible for striping and signage of this cross walk. This location has been reviewed by City traffic planning staff, and has been designated as a safe location for this cross walk. Public Open Space Requirement: Based on the 5.8 acres proposed for Low Density Single -Family Residential zone and the 9.7 acres proposed for Low Density Multifamily Residential zone, the applicant would be required to dedicate .80 acres of land or pay fees in lieu of land. Given the steep topography of this area, it is unlikely that there is land that is suitable for a public park. As stated before, the applicant has indicated that they will pay fees in lieu of providing the required amount of public open space. The fee will be equal to the fair market value of the land that otherwise would have been required for dedication. The fee must be paid in full by the developer prior to the issuance of the first building permit for any lot within the development. Private Shared Open Space: Large portions of lots 2 and 3 contain protected slopes and woodlands. A smaller area of woodland is contained on the north portion of lot 4. These areas are labeled as conservation easements. At the time of final plat approval, the applicant must submit a legally binding instrument setting forth the procedures and financing structure to be followed for maintaining the stormwater facilities and the surrounding conservation easement. The developer has indicated that a homeowner's association will be established to maintain the common areas. The details of this arrangement will need to be addressed in the legal papers submitted when the final planned development plan is submitted. As shown in the revised plat, the developer has identified 0.08 acres of private open space for neighborhood residents on Lots 2 and 3, to the west of the 36-plex multi -family housing building. This area will contain some open recreational space, along with playground equipment and a picnic table area with a pergola cover and grills. Compliance with Comprehensive Plan: The South District Plan encourages development of neighborhoods with a mix of housing types to allow for housing options. Although the predominant land use in the area will remain detached single-family housing, new neighborhoods should provide opportunities for townhouses, duplexes as well as multifamily buildings to serve residents throughout their lifetimes. The South District Plan contemplated locations where opportunities for higher density housing and clustered density should be allowed, noting: "West of the Pepperwood Subdivision, wooded slopes make traditional development impractical. In this area, the 2 to 8 dwelling units per acre envisioned on the land use map on page 53 could be clustered through an overlay planned development. Such development would rely on an extension of Cherry Street, which will provide improved connectivity and circulation for the single-family neighborhood to the east by allowing residents more direct street access to South Gilbert Street." The South District Plan indicates that property along the east side of Gilbert Street, south of the railroad, may be appropriate for town -home or other small lot or duplex development. Additional density may be considered for projects that add a unique housing element or that enhance housing diversity for the South District or that otherwise contribute to the connectivity of neighborhoods or enhance visibility and street access to public parks and other open space. The N. extension of Cherry Avenue will provide an important east -west connection allowing neighbors more direct access to Gilbert Street and the parks and trails located to the west of Gilbert Street. Subdivision Design: The proposed subdivision will connect Cherry Avenue with the S. Gilbert St. A new street, Toby Circle, will be built with two points of access off of Cherry Avenue. Toby Circle will provide frontage for Lots 5-16, all of which are planned to be single-family homes. An additional single-family home will be built on Lot 4, along the eastern portion of the subdivision on Cherry Ave. Lots 19 and 20, fronting Cherry Avenue along the street's south side, will each contain a duplex. The north side of Cherry Avenue will contain multi -family housing consisting of one 3-plex building, two 4-plex buildings, and two 5-plex buildings. An alley that will provide driveway access to these multi -family buildings will connect with Cherry Avenue and intersect the two points of access from Toby Circle. A traffic calming circle will be placed in each intersection to slow down through traffic on Cherry Avenue. A 36-plex multi -family building will be located on Lot 2, at the northeast corner of Cherry Avenue and S. Gilbert St. This building will feature private open space for Cherry Creek residents, equipped with playground equipment, picnic tables, and an open field. Parking will be situated beneath the building and behind the building, screened from view on Cherry Avenue and S. Gilbert St. The southeast corner of Cherry Avenue and S. Gilbert St. will contain a future fire station for Iowa City. Cherry Avenue and Toby Circle will be equipped with sidewalks on both sides of the streets. A 5' sidewalk will be built along the east side of the property's western frontage along S. Gilbert St. The Gilbert Street corridor was reviewed in 2017 to identify improvements for traffic safety and to increase the bikeability and walkability of the area, while supporting the development visions articulated in the Riverfront Crossings and Downtown Master Plans. As part of the review, a 4 - lane to 3 -lane conversion was studied. This type of conversion would allow for a potential pedestrian refuge island and southbound left -turn lane on Gilbert Street near the Cherry Creek development, though this project has not yet been approved by the Iowa City, City Council. A mid -block uncontrolled pedestrian crossing on Gilbert Street near the Cherry Creek Development could include a painted crosswalk, pedestrian crossing signs and advance pedestrian crossing signs. This crossing is planned to be located across from the northern parking area for Napoleon Park. Sensitive Areas Review: The applicant has applied for approval of a Sensitive Areas Development, a type of planned development. The purpose of the Sensitive Areas Ordinance is to permit and define the reasonable use of properties that contain sensitive environmental features and natural resources, and allowing reasonable development while protecting these resources from damage. The following paragraphs describe the impact this development will have on the sensitive features of this site. Steep, Critical, and Protected Slopes - The purpose of regulating development on and near steep slopes is to: 1. Promote safety in the design and construction of developments; 2. Minimize flooding, landslides and mudslides; 3. Minimize soil instability, erosion and downstream siltation; and 4. Preserve the scenic character of hillside areas, particularly wooded hillsides. The applicant is proposing to grade protected slopes to allow installation of stormwater �0] management facilities and to grade areas that appear to be humanly altered protected slopes. Disturbance of protected slopes and or protected slope buffers trigger the requirement of this Level II Sensitive Areas Review with Planning and Zoning Commission review and City Council approval required. Development activity is not allowed on protected slopes or in the 50 -foot buffer required around protected slopes, unless the slopes were previously humanly altered. In addition, disturbance of altered protected slopes or a reduction of a protected slope buffer may only be approved if a geologist or professional engineer demonstrates to the satisfaction of the City that the proposed development activity can and will be designed to eliminate hazards and will not undermine the stability of the slope or the buffer area. The applicant has indicated that the protected slopes adjacent to Gilbert Street have been humanly altered and is requesting permission to encroach into protected slope and buffer areas. There is evidence that this assessment is correct. When Gilbert Street was reconstructed several years ago, it appears that grading was done for the street and to provide fill material. Staff from the City Engineer's office visited the property and based on the angle of the slope and the pattern of trees (younger volunteer trees being present on the previously disturbed areas) concurs with this assessment. The applicant is also proposing to remove trees and grade portions of protected slope and buffer areas located within the ravine on the north side of this property and on the adjacent property to allow for the installation of stormwater management facilities. As noted above under #2 the ravine is currently subject to severe erosion. Construction of the stormwater facilities will be designed to correct current erosion and prevent future erosion. The sensitive areas provisions of the zoning code allow essential utilities including stormwater facilities to be constructed within with protected areas, if they are designed to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. After installation of the facilities, the sensitive protected areas and associated buffers must be restored by the developer. Because part of the stormwater facilities will be located on the adjacent property to the north, an off-site easement will be necessary at time of final plat approval. Staff has recommended that healthy, mature trees be in or near the ravine be preserved and protected from construction activity to the extent possible. A tree protection plan should be submitted and approved at the time of the final OPD plan. Provided all conditions are satisfied to prevent erosion, ensure long term stability of the slopes, and the structural integrity of the proposed buildings, staff finds that the proposed encroachment into what appear to be previously altered slopes is reasonable. Woodlands: The property contains approximately 13.17 acres of woodland (8.68 acres in the area proposed for RM -12, 2.15 acres in the area proposed for RS -5, and 2.34 acres in the area proposed for P-1). The ordinance requires that if more than 50% of a woodland in an RS -5 zone is removed, replacement trees must be planted at a ratio of 1 tree per every 200 feet of woodland disturbance. For properties zoned RM -12, 20% of the woodlands must be retained or replacement trees must be planted. Not including areas that are located within the 50' woodland buffer, approximately 85% or 1.83 acres of woodlands in the area to be rezoned to RS -5 will be removed. The developer has agreed to meet the required replacement tree quota stated in the Woodland Retention Requirements section of the code and plant replacement trees at a rate of 1 tree for every 200 square feet of woodland removed from the 50% retention area. This will result in 234 replacement trees being planted in the RS -5 area. The area to be rezoned to RM -12 will see approximately 44% or 3.78 acres of woodland areas removed. Not counting areas within the 50' woodland buffer, the development will preserve 21% or 1.86 acres of existing woodlands. This proposed preservation figure meets the minimum retention area requirement for an RM -12 zone of 20%, therefore no replacement trees will need to be planted in this zone. There is no woodland retention area it$] requirement for a P-1 zone. The City Forester will review and approve the final version of the tree replacement plan prior to final plat approval. Archeological sites: The Sensitive Areas section of the zoning code considers the preservation archaeological sites as well as natural features. The applicant has already initiated some development activity on the site. Meanwhile, the Office of the State Archaeologist has indicated that four archaeological sites have been reported within 100 meters of the development site. Due to the potential density of known archaeological sites in the surrounding area, staff recommended during the initial application that as a condition of approval, the applicant hire an archaeologist approved by the state to complete a study or excavation plan approved by the State. Since the initial application, the applicant worked with Impact 7G (a firm approved by the state archaeologist) to conduct a supervised excavation of the site. The applicant has since received written correspondence from Impact 7G stating that no indications of human burials were observed during observed excavations, and that no additional archaeological work is recommended for the Cherry Creek subdivision. The state archaeologist has confirmed Impact 7G's findings as well. Sanitary Sewer Service: The proposed development is situated to the west of existing development, and has the capacity to connect to existing utilities. Proposed sanitary sewer lines and manholes are featured on the preliminary plat. One sanitary main will run along the northeast portion of the Cherry Avenue extension and turn south, running along the inner portion of Toby Circle. A separate main will continue to run along the north side of Cherry Ave. and along the east side of S. Gilbert St. The proposed sanitary sewer design has been reviewed by Public Works staff. Infrastructure Fees: The City requires developers to pay a $456.75 per acre fee for water service. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible for costs associated with the water and sanitary sewer improvements needed to serve the project site. NEXT STEPS: Upon approval of the proposed rezoning, preliminary plat and sensitive areas development plan, the applicant will be required to submit a final plat for City Council's review and approval, and a final sensitive areas development plan (SADP) for review and approval by City staff. The final SADP will include the tree replacement and protection plan to be reviewed and approved by the City Forester. Because the application is proposing construction of more than 12 residential units, a major site plan review by City staff is required to verify consistency with the OPD and conditions of the rezoning. The site plan review stage will also ensure compliance with other zoning code requirements, such as landscaping, building elevations, exterior lighting, parking requirements, etc. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC fora rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees 11 throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5' sidewalk along the western frontage (east side of S. Gilbert St.) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. ATTACHMENTS 1. Location Map 2. Preliminary Plat and Sensitive Areas Development Plan (Including most recent Landscape Plan) 3. Zoning Exhibit 4. Building Elevation Drawings Approved by: Danielle Sitzman, Coordinator, Development Services Department of Neighborhood and Development Services ppdad min\stfrep\docu ment2 PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN CHERRY CREEK SUBDIVISION IOWA CITY, IOWA t z % 17 PRELIMINARY PLAT AND SENSIThE AREAS DEVELOPMENT PL4N Em SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREAS ,n CHERRY CREEK SUBDIVISION M IOWA CITY IOWA Cx- TZ 111—Ts r ii f,. ro... o �✓ °� �� ...., .„,.a.. a... —11TIob —11 < til Pa .E .E s PE 'P. z o� z a � -L YV T xf I 1 \ ti u SITE 1 7 EROSION CONTROL PLAND AND $NSITIDNE AREAS ^! j \ T. �+ -- — — _ A 17 aCHERRY CREEK J- r: < SUBDIVISION �z�/ ,ire or � Tl '. 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HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Phoebe Martin STAFF PRESENT: Ray Heitner, Sara Hektoen, Jesi Lile, Anne Russett OTHERS PRESENT: Jamie Thelan, Alex Carrillo, Kelcey Patrick -Ferree, John Yapp RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Martin absent) the Commission recommends approval of REZ18- 00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Planning and Zoning Commission January 3, 2019 Page 2 of 10 REZONING/DEVELOPMENT ITEM (REZ18-00024/SUB18-00017): Discussion of an application, submitted by Bedrock, LLC, for a rezoning ofapproximately 18.03 acres from Interim Development Multi -family Residential (ID -RM) zone to Planned Development Overlay/Low Density Single-family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multi -family Residential (OPD/RM-12) zone and Neighborhood Public (P-1) zone and a preliminary plat of Cherry Creek subdivision, a 20- lot, 18.03 acres subdivision located east of S. Gilbert Street and south of Waterfront Drive. Heitner presented the staff report and noted an earlier version of this application was first presented to the Planning and Zoning Commission in the spring, this is a second iteration of this application. The application is submitted by Bedrock, LLC with the intention of creating a 20 -lot residential subdivision with one lot being reserved for a future use of a City fire station. Heitner showed aerial views of the subject property, the property is currently privately held however the City does have a purchase agreement for Lot 1 of the subdivision with intent to construct a City fire station at a later date. Heitner showed an overview of the proposed zoning, Lot 1 would be P-1, the southeast area is proposed as OPD/RS-5, and the remainder of the area would be OPD/RM-12. Heitner stated at the meeting on the previous application, June 21, 2018, the Commission voted 6-1 to recommend the application to the City Council, with the following conditions: 1. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. 2. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 3. That the applicant will contact with an archaeologist approved by the state to complete a study or excavation plan prior to any additional grading on the property. At the City Council's second hearing for the application on September 4th, 2018, the motion recommending approval of the application failed due to a 3-3 vote from the Council. Dissenting opinions included concerns about increased traffic and density to this neighborhood, and a general lack of social infrastructure in the development. The application now has been resubmitted with a few major changes and Staff is recommending the original conditions from the first submission still stand with this new application. The current iteration of the application includes a preliminary plat and sensitive areas development plan, in addition to the request to rezone the land. The current application has made a few notable changes. The second 36 dwelling -unit multi -family building, formerly located on Lot 1, has been removed from this application. The City of Iowa City is a co -applicant on the rezoning application for Lot 1 to be rezoned to Neighborhood Public (P-1). The current application has also removed all structures from the Lot 1 area to make way for a grading plan that will make the lot relatively flat and ready for future development. Heitner stated the in terms of compliance with the Comprehensive Plan, The South District Plan encourages development of neighborhoods with a mix of housing types to allow for housing options. The Plan indicates that property along the east side of Gilbert Street, south of the railroad, may be appropriate for town -home or other small lot or duplex development. Additional density may be considered for projects that add a unique housing element or that enhance housing diversity for the South District or that otherwise contribute to the connectivity of Planning and Zoning Commission January 3, 2019 Page 3 of 10 neighborhoods or enhance visibility and street access to public parks and other open space. It is believed the extension of Cherry Avenue will provide an important east -west connection allowing neighbors more direct access to Gilbert Street and the parks and trails located to the west of Gilbert Street. The Plan also identifies this area as appropriate for planned overlay development to protect the wooded slopes in the area, and the future land use map in the Comprehensive Plan identifies this area as appropriate for residential density at a rate of 2-8 dwelling units per acre. Heitner next showed an overview of the subdivision layout, the proposed subdivision will connect Cherry Avenue with the S. Gilbert St. A new street, Toby Circle, will be built with two points of access off of Cherry Avenue. The subdivision will transition from the single family housing that exists to east to gradually more dense multifamily, townhouse style along Cherry Avenue with the 36-plex multifamily building to the very west of the development. Staff has reviewed all width and frontage for all zones and all are compliant. Heitner noted that because this is a planned development zone there are specific criteria outlined in Article 14-3A of the Iowa City Zoning Ordinance. 1. Density and Design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. 2. The development will not overburden existing streets and utilities. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. With the issue of density, the Comprehensive Plan identifies this particular area as appropriate for residential density 2-8 dwelling units per acre, both in the proposed RS -5 and RS -12 this application is well within the 2-8 dwelling units per acre. With respect to land use, mass and scale, Heitner showed renderings of the proposed buildings to show scale, the single family homes, townhouses and the 36-plex. The design of the buildings conform to the City's design standards. Concerning private open space, the applicant has dedicated 0.08 acres of private open space to the west of the 36-plex building on Lot 2, the space will include some playground equipment and outdoor dining space. The applicant will pay fees -in -lieu for public open space, due to the steep slopes and woodlands it would be challenging to provide the public open space. Heitner next discussed the traffic circulation, the extension of Cherry Avenue will improve connectivity and a needed access point onto Gilbert Street. There was some concerns about increased traffic along Cherry Avenue, both the intersections with Toby Avenue and Cherry Circle will have traffic calming circles to help control traffic speeds, also street widths will be tapered down to about 28 feet in width to help reduce speeds in that area. Concerning streets and public utilities, Heitner stated Public Works Staff has confirmed existing water and sanitary sewer structure has sufficient capacity to accommodate this development, onsite stormwater management will be necessary for this development and two large detention basins located in the ravine along the north property boundary will be created. Concerning views, light and air, property values and privacy Staff does find the single family homes to the west of the Pepperwood Subdivision will provide a sensible transition from the singe family detached housing that exists there to gradually denser housing. The 36-plex Planning and Zoning Commission January 3, 2019 Page 4 of 10 building on Lot 2 will be built down-slope from the existing Pepperwood Subdivision. Staff is recommending as a condition of the rezoning the developer dedicate a 20 -foot wide landscaping easement along the southwest corner of Lot 1 to help screen the future fire station from the properties to the south. Regarding pedestrian facilities, Staff is recommending as a condition of the rezoning the developer put in a 5 -foot wide sidewalk along the development's entire western frontage (the east side of Gilbert Street). Staff is also recommending as a condition the developer install curb ramps at the area where the City intends to put a crosswalk across South Gilbert Street to connect to Napoleon Park. With respect to protected slopes, there will be stormwater detention facilities located within the ravine along the north boundary line of the property, the development will require some grading on protected slopes, however the stormwater detention basins will be designed to correct current erosion taking place in the ravine and prevent future erosion as well. Heitner noted the plan does call for removal of about 85% of the non -buffered woodlands in the RS -5 area, because of this the applicant is being required to plant 234 replacement trees in the area, and the applicant will meet the minimum woodland retention requirement in the RM -12 area of 20%. Heitner noted in the initial application it was discussed that the applicant pursue an archeological study of the site, the applicant has worked with a firm recommended by the State Archaeologist to conduct a supervised excavation of the site and that excavation and study determined there were no human burials observed and no additional archeology work was necessary for this development. Heitner showed the preliminary landscape plan for the subdivision. A second good neighbor meeting was held on the subdivision proposal on November 27, 2018, there were about 15 area residents at the meeting and attendees addressed mix degrees of support and opposition for the project. Some of the major areas of concern included general concern over neighborhood density, a lack of usable open space, and safety concerns for pedestrians using an uncontrolled crosswalk across South Gilbert Street. To this point Staff has not received any correspondence from neighbors. Next steps: Pending approval from this Commission it would go forth for City Council review and approval, at the time of final platting a sensitive areas development plan would be reviewed by City Staff as well as a major site plan review. Staff recommends approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in Planning and Zoning Commission January 3, 2019 Page 5 of 10 or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Hensch recalled when the Commission approved the last rezoning on this area that conditions 5 and 6 were discussed at length and happy to see those included again in the conditions. Signs asked if Cherry Street will allow for street parking in front of the townhouses. Russett said Staff would have to look into that and report back but thinks at least one side would allow street parking. Signs noted if not allowed, then there isn't really any guest parking for the townhouses. Hektoen noted that in the first condition it is recommended the development being built as in the preliminary plat but the pedestrian facilities mention building designs, visible doors and windows and a variety of materials, is that by operation of Code or should that be added as a condition. Does the Code require those design elements and should they be added to the condition of rezoning. Right now there is nothing tying the developer to the proposed elevations so if needs to be added this is the time. Russett said the first condition was clarified to state the condition is related to the proposed plans in terms of the design of the layout of the lots but also tie it to the elevations to the townhomes and multifamily building. Parsons asked where the current nearest fire station is located. Hensch said likely Fire Station 1 downtown or the one by Sycamore Mall. Baker noted this failed at the Council level last time and one of the concerns was a lack of social infrastructure, what was the particular concern. Heitner said there were walkability concerns and lack of communal gathering spaces and front porches. Baker asked when the proposal of a fire station become a factor in this application. Russett noted it was not part of the original application last spring nor what went before Council in September. Baker asked if Council approved that location for a fire station prior to this current application coming before Planning & Zoning. Hektoen replied that Council has approved a purchase agreement for that plot of land for a future proposed fire station. The purchase agreement is contingent on the approval of the rezoning and re -platting of this land. Baker noted the current application has removed all structures from Lot 1 to make way for a grading plan that will make the lot relatively flat and ready for future development, and if that lot was to be made relatively flat for future private development, would there be any environmental issues raised, or is the fact the City is going to use that land remove any environmental concerns. Heitner said any environmental review would be the same regardless of if it is a public or private use. Baker questioned the 234 replacement trees and if they were mandatory to be in that one area, the RS -5 zone. Heitner confirmed that was correct, it is part of the Zoning Code that there be a minimum woodland retention requirement that must be met. The RS -5 zone is 50% and since the proposal is to remove 85% of the trees, the developer must replace them. Baker asked when those trees would have to be planted. Heitner said it will take some time for the trees to Planning and Zoning Commission January 3, 2019 Page 6 of 10 grow, but they will be planted at the time of development of the houses. Baker asked if there was any discussion to allow the developer to use that number of trees to be place anywhere on the entire development. Russett said that could be considered as part of the landscaping plan, the current landscaping plan shows where they plan to plant all 234 trees and has been reviewed by the City Forester and can be placed throughout the development. Baker asked about the private shared open space on page 7 of the Staff Report "As shown in the revised plat, the developer has identified 0.08 acres of private open space" and he noted that seems like a very small space and wanted to know what the square footage of 0.08 acres is. Parson replied it is 3850 square feet. Heitner noted that is also from the City Code and is formula based on number of units in the zone, which is the minimum required. Baker asked if the Commission is able to require more. Hektoen said the Commission can impose conditions to satisfy public needs that are being directly created by the rezoning. One would have to articulate a public need to require more private open space. Signs noted there is a whole lot of sloped land outside of the area where the structures will be that is open space. Hensch opened the public hearing. Alex Carrillo (373 Windmill Place) is the project coordinator for Bedrock, LLC. He first thanked City Staff, Heitner and Russett, for working with them on this application. He touched on some of the highlights, he noted the 36-plex on the south side of the original application was a point of contention with City Councilors and some of the neighbors, so it seemed like the best place to make a change. It was good to work with the City and identify a need for a future fire station here. Removing that 36-plex from the plans is a significant reduction in the density of the development. With regards to the open space, the 0.08 acre space is the space where they felt they could add some amenities for the condominium building, but there will remain a couple acres along the north side of the property that will be woodland forever, it is not usable space because of the ravine and slope but it will be nice for the homes to overlook woodlands. Additionally Napoleon Park is across the street for lots of open space, a safe identified crosswalk is being constructed, which was again a concern from the first proposal. Carrillo next discussed the scale of the 36-plex and they feel it is very appropriate sized building for this area due to the fact of the slope of the land and will be an effective transition from Gilbert Street to the residential neighborhood and Pepperwood Subdivision. Lastly he touched on some of the materials they plan to use on the buildings plus the concept for a play structure by the 36-plex. They will use a Rosetta stone for the retaining wall along the north side. Dyer asked if there was any doorway from the back of the 36-plex building, Carrillo said there was, so they can get right out to the open space. Baker asked the number of bedrooms per unit in the 36-plex, Carrillo said there would be both one -bedroom and two-bedroom units. Baker asked if there was an estimated time of completion. Carrillo said they would like to start in the spring, first putting in the street and infrastructure, then onto the single family homes and townhomes, it would likely be a couple years before the 36- plex was built. Baker thanked Carrillo for his patience and willingness to work with the City and neighbors on reconfiguring this project. Kelcey Patrick -Ferree (652 Sandusky Drive) came forth to oppose this rezoning effort, her husband spoke at the last meeting in opposition as well. She noted she is sad to be here Planning and Zoning Commission January 3, 2019 Page 7 of 10 opposing this, the developers have been very nice, but she lives in this neighborhood and they don't. She thought they would see substantial changes to the proposal after it was rejected by the City Council, and adding the fire station does not meet the substantial changes she was expecting to see. She does appreciate they held a second good neighbor meeting, it was a good discussion but still no changes after the discussions. Patrick -Ferree said she does not feel the City Council's objections were addressed nor were the neighborhood's objections addressed, it is inconsistent with the Comprehensive Plan and her neighborhood is getting negative attention due to all the concentration of services in one small area. She doesn't feel the pedestrian crossing at Gilbert Street is adequate, it goes north on Gilbert Street when all the things people will want to get to will be south on Gilbert Street, the park, the animal shelter and overall the protected crossing is in the wrong location. She also doesn't feel there is enough open space for the 36 unit apartment building. She heard the earlier discussion on that and how the Commission may not be able to do anything about that and she thinks there is an overall lack of infrastructure in the area. She was at the City Council meeting and sidewalks were addressed, crosswalks were addressed and open space was addressed and the changes made to this proposal do not address any of those objections or concerns. One of the big impacts the neighborhood was concerned about was the impact on the schools, the schools in this area are all very high FRL (Free or Reduced Lunch), the School Board just recently redistricted to try to address some of that and took her children's school from just over 70% FRL to just under 70% FRL. Adding more low-income housing to this area will cause more problems. 36 unit apartment buildings are low-income housing whether the developer intends them to be or not. The developer is saying it will be condos but Patrick -Ferree is concerned the condos will be purchased and rented out like apartments just like in other complexes. Low-income housing, the average renter wage in Johnson County is $9.25 per hour and the mean renter household income is $28,115. A family with two or more children quality for Free or Reduce Lunch at that income level. It appears this development will be about 70% renter housing, the townhouse and apartments will likely be rental housing, and she is concerned about the high potential of rental housing in this area. Another concern she has about the Gilbert Street crossing is the University of Iowa has been doing studies about the capability of children under the age of 14 to judge traffic and an unprotected intersection is not going to adequately protect children who are going to try to cross Gilbert Street. Her three-year old loves to go to Napoleon Park and the animal shelter and she is concerned as he gets older and his ability to judge traffic to cross an unprotected intersection. She is also skeptical of the claim that Sandusky Drive is not going to see increased traffic, there have been traffic studies and she invites the Commission to postpone their decision on this to look at those traffic studies. Patrick -Ferree said she believes this proposal is inconsistent with the Comprehensive Plan, she read the Staff report and it quotes a portion of the Comprehensive Plan that talks about having multifamily housing in this area, but the specific multifamily housing the Comprehensive Plan calls for in this area is a small apartment building of 3-10 units, not a 36 unit apartment building. She is frustrated the City is ignoring its own inclusionary zoning efforts anytime a developer brings forth a proposal. As far as the negative publicity goes, the Press -Citizen recently printed an article called "Cluster of Social Services Providers call South East Iowa City Home". She drives by all these providers every day, just as she drives by this proposed development site every day. She noted she does have to go all the way around and the Cheery Creek extension will only save her about 4 minutes, so not very much. She is concerned about adding a fire station to this area and adding even more services to a part of town already getting negative publicity. On Nextdoor.com the comments about the nearby HyVee is disgusting. Therefore, for all of these reasons she very strongly encourages the Commission to vote against recommending the rezoning of this project to the City Council. Planning and Zoning Commission January 3, 2019 Page 8 of 10 Hensch closed the public hearing. Hektoen noted they have seen two different sets of elevations (July and November) and need to make sure which set of elevation drawings that should be used and are referred to in condition number 1. Russett said it is the elevations included in the Staff report, the updated ones from November. Signs moved approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Parsons seconded the motion. Baker asked for clarification on the Comprehensive Plan language and multifamily being in the 3- 10 unit range. Heitner said the Comprehensive Plan states a desire in this area to provide a variety of housing types and a variety of density types and that was one of the main drivers for Staff's initial approval of this proposal. There is a variety of housing types in this development as well as a variety of density. Baker asked where the figure 3-10 shows up in the Comprehensive Plan. Russett added the Comprehensive Plan also identifies a proposed density for this area. She noted the Comprehensive Plan is a vision to guide development and the City uses their zoning as a way to implement that vision and Staff feels the proposed development is consistent with Comprehensive Plan due to proposed density which is in line with the Comprehensive Plan as well as mix of housing types. Baker agrees the density of the project seems appropriate, he Planning and Zoning Commission January 3, 2019 Page 9 of 10 is just confused about a specific figure being cited versus a more general goal being cited. Russett said staff could look into the Plan to see if it specifically states 3-10 units, but noted the Plan is not a regulatory document, it is a vision. Hektoen added this is a planned development so it means concentrating density in one place so you can preserve an another area. Baker acknowledged there has been a reduction with the elimination of the second 36-plex and he also thinks a fires station in this area is a good thing. Signs recalled at the first proposal of this the main concerns were density and view with relationship to the property to the south, he feels the revised plan does a tremendous job of addressing both those issues and he does get concerned when people bash low-income housing and there is nothing in here that says this will be low-income, he is also concerned when there are expectations of things staying the same. In the Pepperwood Subdivision area there are five street stubs indicating those stubs will someday go through to an additional development. All the plans (City, Comprehensive, District) reflect putting more development in this area. Signs noted he was not against the first plan, but he feels this revised plan is even better in addressing a lot of the concerns. With regards to the concerns of the schools, that should not be a concern that drives their policy it is an issue the schools need to address. Parson agreed, the main issue from the previous application was the 36-plex on Lot 1 and now that is gone so it has alleviated any concerns he had. Baker is still uncomfortable with the crosswalk, he cannot think of a better location for it. Signs feels they could do one where Cherry meets Gilbert just as easily as the one proposed 500 feet north. Russett said Public Works and Transportation Staff looked at this and while that would be an ideal location there is a significant drop off on the western side of Gilbert Street that cannot been seen on the aerial. Hensch believes this is a much improved proposal, the density issue has certainly been resolved by the removal of the other 36-plex, the fire station will be a neighborhood good, rather than negative, and as a resident of Pepper Drive since 1993 he understands the neighborhood really well and notes because of the concentration of group homes and social services it is in some regards a negative but in some regards a positive. A vote was taken and the motion carried 6-0 (Martin absent) PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018 -2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS,ANN X X X X X O/E X X X ---- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member II ‘G Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ18-00024) Ordinance No. 19-4781 An ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. (REZ18-00024) Whereas, the applicants, Bedrock LLC and the City of Iowa City, have requested a rezoning of property located east of South Gilbert Street and West of Sandusky Drive from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1)zone; and Whereas, the applicants have also applied for approval of a preliminary sensitive areas development plan for the property described herein; and Whereas, in accordance with Iowa City Code Section 14-8D-7, approval of this planned development overlay rezoning constitutes approval of the submitted preliminary sensitive areas development plan; and Whereas, the Comprehensive Plan encourages development of neighborhoods with a mix of housing types to allow for housing options and indicates the area where the current property is located, west of the Pepperwood Subdivision, as suited for clustered units through an overlay planned development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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 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, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14-8D-7D. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Ordinance No. 19-4781 Page 2 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 to: a. Planned Development Overlay/Single-Family Residential (OPD/RS-5)zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AS FOLLOWS: BEGINNING at the Southeast Corner of the Auditor's Parcel 2015101, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence 589'11'58"W, along the South line of said Auditor's Parcel, 520.60 feet; Thence N36'38'18"W, 173.52 feet; Thence N23'S1'00"W, 125.81 feet; Thence N00'03'58"W, 74.90 feet; Thence Northeasterly 197.34 feet along a 500.00 foot radius curve, concave Northeasterly, whose 196.06 foot chord bears N78'37'37"E; Thence Northeasterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears N86'04'05"E; Thence Southeasterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears S76'51'30"E; Thence N11'28'04"E, 33.00 feet; Thence N07'29'36"E, 135.02 feet; Thence S87'38'02"E, 96.19 feet to the Northeast Corner of Auditor's Parcel 2015101; Thence S01'17'48"E, along the East line of said Auditor's Parcel, 538.89 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 5.80 Acres, and is subject to easements and restrictions of record. b. Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12)zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS: BEGINNING at the Northwest Corner of the Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northeasterly, along the North line, 21.83 feet along a 1959.38 foot radius curve, concave Northwesterly, whose 21.83 foot chord bears N34'27'47"E to the Northern most point of said Auditor's Parcel; Thence 570'22'05"E, along the North line of said Auditor's Parcel, 110.06 feet; Thence S54'46'53"E, along said North line, 62.12 feet; Thence S39'30'08"E, along said North line, 246.13 feet; Thence N80'01'S1"E, along said North line, 39.16 feet; Thence S86'34'51"E, 183.05 feet to the Northwest Corner of Auditor's Parcel 2015101, in accordance with the plat thereof recorded in Plat Book 60, at Page 106, in the Records of the Johnson County Recorder's Office; Thence S73'50'49"E, along the North line of said Auditor's Parcel, 341.55 feet; Thence 584'28'33"E, along said North line, 242.30 feet; Thence S81'39'26"E, along said North line, 98.13 feet; Thence 583'13'07"E, along said North line, 137.34 feet to the Northeast Corner of Said Auditor's Parcel 2015101; Thence N87'38'02"W, 96.19 feet; Thence 507'29'36"W, 135.02 feet; Thence S11'28'04"W, 33.00 feet; Thence Northwesterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears N76'51'30"W; Thence Southwesterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears 586'04'05"W; Thence Southwesterly 227.37 feet along a 500.00 foot Ordinance No. 19-4781 Page 3 radius curve, concave Northwesterly, whose 225.42 foot chord bears S80'20'52"W; Thence Southwesterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot chord bears S78'45'29"W; Thence S64'08'29"W, 78.46 feet to a point on the West Line of Auditor's Parcel 2015102; Thence Northwesterly, along the West line of said Auditor's Parcel, 862.45 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 861.41 foot chord bears N20'56'15"W, to the POINT OF BEGINNING. Said Rezoning Parcel contains 9.70 Acres, and is subject to easements and restrictions of record. and c. to Planned Development Overlay/Neighborhood Public (OPD/P-1)zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS BEGINNING at the Southeast Corner of Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence Northwesterly, along the West line of the Auditor's Parcel, 288.51 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 288.47 foot chord bears N27'26'46"W; Thence N64'08'29"E, 78.46 feet; Thence Northeasterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot curve bears N78'45'29"E, 74.90 feet; Thence S23'51'00"E, 125.81 feet; Thence 536'38'18"E, 173.52 feet to a point on the South line of Said Auditor's Parcel 2015101; Thence S89'11'58"W, along the said South line, 123.08 feet; Thence S88'13'48"W, along the said South line, 161.59 feet to the Southeast Corner of Auditor's Parcel 2015102; Thence S88'13'48"W, along the South line of said Auditor's Parcel 2015102, a distance of 85.14 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 2.53 Acres, and is subject to easements and restrictions of record. 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. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 19-4781 Page 4 Passed and approved this 12th day of March 20 19, 7 Ji Throgmorton, Ma r Ji Attest: Lp f Kellie K. uehling, City Ierk roved b City Attorney's Office Ordinance No. 19-4781 Page 5 It was moved by Thomas and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 02/05/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Salih. NAYS: None. ABSENT: Mims. Second Consideration 02/19/2019 Vote for passage: Mims, Salih, Taylor, Teague, Thomas, 'AYES: Throgmorton, Cole. NAYS: None ABSENT: None Date published 03/21/2019 Prepared by: Ray Heitner,Associate Planner,410 E.Washington, Iowa City, IA 52240(319)356-5238(REZ18- 00024) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), and Bedrock, LLC (hereinafter"Owner"): Whereas, Owner is the legal title holder of approximately 18.03 acres of property located on South Gilbert Street west of Sandusky Drive; and Whereas, the Owner has requested the rezoning of said property from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone on approximately 5.80 acres, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone on approximately 9.70 acres, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone on approximately 2.53 acres; and Whereas, the conditions established in this agreement address several public needs, including the provision of a variety of housing types, the inclusion of functional private open space, preservation and protection of sensitive environmental features, the mitigation of stormwater runoff onto adjacent properties, improving overall access by incorporating the installation of new sidewalks and crosswalk infrastructure; and the provision of significant landscaping and environmental buffers where needed to mitigate the transition between new and existing uses; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, to satisfy public needs caused by the requested change; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; 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 protection of sensitive natural features, managing stormwater, and accommodating multiple modes of transportation; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14-8D-7D. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Bedrock, LLC. is the legal title holder of the property legally described as follows: Rez-18-00024cza.tloc 1 AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's 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, Owner shall obtain approval of a final plat in substantial conformance with the approved preliminary plat and preliminary sensitive areas development plan. The development shall substantially conform with the attached elevations for the multifamily residential building and the townhouse-style multifamily buildings. The final plat shall include details regarding the square footage and description of amenities for designated private open space on the multi-family lot. Owner shall execute a subdivider's agreement with the City that requires: i. Owner to design and obtain approval from the City Forester of a tree replacement and protection plan, detailing replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity to the greatest possible extent; ii. roof drains for the single-family homes shall only drain toward the storm sewer drains on Toby Circle; iii. construction of a 5' sidewalk along the western frontage of South Gilbert Street, which shall include a curb ramp in a location designated by the Director of the Neighborhood and Development Services, or designee; and iv. dedication of a landscape easement along the southern property boundary in Lot 1, as designated on the preliminary plat. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), 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. Rez-18m024-cadoc 2 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) 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. 8. 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 12th day of March , 2019. City of Iowa City Bedrock, L.L.C. Ji Throgmorton, May r By: Attest: 4 (-P ' / ILLa' Kel ie K. Fruehlin , City Clerk /1 By: Approved by: (J .c� /-S -19 City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on a+}"; 20f by Jim Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City Clerk)as Mayor and City Clerk, respectively, of the City of Iowa City. • ;:f:/e/r/a z, ' nNE OLN otary Public in and for th tate of Iowa +r:.GC1 * comnizicrr$08232 ow* A (Stamp or Seal) Rez-18-00024-cza,doc 3 Title (and Rank) Bedrock LLC. 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'' '*- .• ,iSIS ', '1.•-t .14 ,,,,,, , - r,, •:- IMINOMIninm •-• ---.-.........-...,-- ------., _-, • 1 I 1 . ;f ' ir • Vy - _ . - •• 3 - 1 . . - - . ,_ . ... ; ..._.... ......„ • , ,„ ,-.. , ... _„_,...... .,_ • _ .._ . .. , .... ._....., ...,._ FUS14 .1N ARCHITECTS. INC. 11/27/2018 Cherry Ave Development Item Number: 22. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT March 12, 2019 Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," and Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Services," to clarify recently enacted animal services provisions and to change the amount of the scheduled fines for certain animal services violations. (Second Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Chris Whitmore, Animal Services Supervisor Denise Brotherton, Captain Police Dept. Simon Andrew, Ass't. to City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N//A Attachments: ordinance Executive Summary: Ordinance No. 18-4767 was a substantial overhaul of the existing animal services provisions. Since the enactment of Ordinance No. 18-4767, a few provisions have been identified that need nonsubstantive amendments. Additionally, the fine for a violation of certain animal services provisions charged as simple misdemeanors is set at $25 and staff recommends the fine be increased to $65.00. Background /Analysis: Ordinance No. 18-4767 was a substantial overhaul of the existing animal services provisions. Since the enactment of Ordinance No. 18-4767, a few provisions have been identified that need nonsubstantive amendments. One amendment is to delete the requirement for rabbits to be microchipped when reclaimed. Because rabbits are not required to be vaccinated against rabies, they are not required to be licensed and therefore there is no reason to require them to be chipped. A second change is to clarify in the provision on outdoor confinement requirements that a permit is required for 4 or more dogs maintained in a home. The last amendment is to correct the numbering in a chart of scheduled fines and to increase the fine amount. Section 3-4-9 of the City Code contains a schedule of fines and fees for various City Code violations when charged as a simple misdemeanor, including animal service violations. Ordinance No. 18-4767 did not amend Section 3-4-9 to reflect the new numbering of animal services provisions. Although most animal service violations are cited as municipal infractions (a civil ticket), occasionally they are charged as simple misdemeanors (the lowest level of a crime, which is the same level as traffic offenses). The Code currently provides a fine of $25 for specified simple misdemeanor violations, and staff recommends increasing it to $65. The reason for a set fine amount is to avoid a warrant being issued if the defendant fails to appear when charged, for example, with not having a cat licensed or not picking up dog waste. The more serious animal services violations, such as neglect and cruelty, do not have set fines and thus the court has discretion to fine the person a minimum of $65 and maximum of $625. ATTACHMENTS: Description Ordinance 22. Prepared by: Susan Dulek,Asst. City Attorney,410 E.Washington Street, Iowa City,IA 52240;319-356-5030 Ordinance No. 19-4782 Ordinance amending Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," and Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Services," to clarify recently enacted animal services provisions and to change the amount of the scheduled fines for certain animal services violations. Whereas, Ordinance No. 18-4767 was a substantial overhaul of the animal services provisions; Whereas, since the enactment of Ordinance No. 18-4767, a few provisions have been identified that need minor amendments; Whereas, Section 3-4-9 of the City Code contains scheduled fines and fees for various City Code violations when charged as a simple misdemeanor, including animal services violations; Whereas, due to an oversight, Ordinance No. 18-4767 did not amend Section 3-4-9 to reflect the new numbering of animal services provisions; Whereas, the fine for certain animal service violations in Section 3-4-9 is $25.00, and staff recommends the fine be increased to $65.00; and Whereas, it is in the best interest of the City 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 3, entitled "Finances, Taxation and Fees, Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections" is amended by deleting all refences to sections of Title 8, Chapters 3 and 4, and substituting in lieu thereof the following underlined text: Description of Fine Amount of Fine City Code Section Animal owner responsible $65.00 8-4-2 Animal licensing and $65.00 8-4-3 vaccination requirements Animal bites reporting requirements $65.00 8-4-4B Animal nuisances $65.00 8-4-5 Animal prohibitions and requirements $65.00 8-4-6 Animal prohibited acts and conditions $65.00 8-4-10C to G Animal permits $65.00 8-4-12 2. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Services," Section 6, entitled "Prohibitions and Requirements" is amended by adding the following underlined text to Subsection G5: 4 or more dogs over 50 pounds each. and by adding the following underlined text to the end of Subsection G: Note: A permit is required to maintain four(4) or more dogs over the aqe of four(4) months. 3. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Services," Section 8, entitled "Impoundment and Redemption of Animals," Subsection C3 is amended by deleting the strike-through text as follows: All dogs, cats, rabbits,and ferrets impounded by the animal shelter which do not have traceable identification shall have a microchip identification implanted permanently into the animal prior to redemption. 4. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Services," Section 15, entitled "Penalties," is amended by adding the following underlined text: Any violation of this chapter shall be considered a simple misdemeanor or Municipal infraction as provided for in title 1, chapter 4 of this Code. The fine amount for certain violations charged as a simple misdemeanor are scheduled and set forth in Section 3-4-9. 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 12th day of March , 2019. 777/VIL- M or Attest: A./ C City C erk Approved City Attorney's Office 2 Ordinance No. 19-4782 Page 3 • It was moved by Mims and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: % Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 02/19/2019 Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 03/21/2019 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: Thomas, Throgmorton, Cole, Mime, Taylor, Teague. NAYS: None. ABSENT: Salih. Item Number: 23. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT March 12, 2019 Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", to provide for changes in procedure and enhance opportunities for conversation when the conclusions of the police chief and the Board differ. (Pass and Adopt) Prepared By: Eleanor Dilkes, City Attorney Reviewed By: Jody Matherly, Police Chief Geoff Fruin, City Manager Fiscal Impact: no impact Recommendations: Staff: Approval Commission: Community Police Review Board recommends approval Attachments: CPRB memo of July 23, 2018 Staff memo of November 29, 2018 Ordinance Executive Summary: By memo to the Council dated July 23, 2018 the Community Police Review Board (CPRB) recommended that changes be made to the ordinance. Staff provided input by memo to the City Council dated November 29, 2018. Copies of both memo are attached. At its work session on December 18, 2018 Council discussed the proposals and directed staff to prepare an ordinance making changes to procedure and enhancing the opportunities for conversation when the conclusions of the police chief and CPRB differ. Background /Analysis: In accordance with Council direction, the proposed ordinance includes the following amendments: 1. If the internal investigation report is released to the public it shall also be provided to the CPRB. (8-8-2(L)) 2. The Board's annual report to the City Council will identify whether the Board's conclusions on complaints differed from that of the Police Chief (8-8-2(N)) 3. If the Board's decision will differ from that of the Police Chief the Chief will meet with the board in closed session to discuss the discrepancy of opinion prior to the issuance of the Board's public report to the City Council. At the Board's request, the City Manager will also attend the meeting. (8-8-5(B); 8-8-7(B)) 4. The Board's public report will indicate whether the Board affirmed or rejected the decision set forth in the report of the Police Chief and/or City Manager. In addition, at the Council's December 18 meeting it directed staff to put the Board's report to the Council as a separate item on the regular formal agenda rather than on the consent calendar ATTACHMENTS: Description CPRB 7-23-18 memo Staff 11-29-18 memo Ordinance MEMORANDUM DATE: July 23, 2018 TO: City of Iowa City Council FROM: Community Police Review Board Members Re: proposed revisions to Ordinance 8-8 The members of the CPRE request that the City Council consider adopting the following proposed revisions to the CPRE ordinance. (Suggested additions are shown in bold and underline.) 1. The last sentence of SECTION 8-8-2 (L) shall be amended to read as follows: If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law, in which case the city attorney shall forward a copy of such internal affairs investigation report to the board. 2. The second sentence of SECTION 8-8-2 (N) shall be amended to read as follows: In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the police chief and/or city manager, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. 3. The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B): In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of opinion. Such meeting shall take place prior to the issuance of the board's public report to the city council. 4. The last un -lettered subparagraph of paragraph (B)(2) of SECTION 8-8-7 shall become numbered paragraph 3. 5. The following shall be inserted as subparagraph (B)(4) of SECTION 8-8-7: If the board disagrees with the decision of the police chief or city manager with respect to the allegations of misconduct, the board and the police chief and/or city manager shall meet in closed session to discuss their disagreement about the complaint. Such meeting shall take place prior to the issuance of the board's public report to the city council. 6. Subparagraph (B)(3) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(5)- 7. The following sentence shall be added to the end of newly re -numbered subparagraph (B)(5) of SECTION 8-8-7: The public report shall indicate whether the board affirmed or rejected the opinion set forth in the report of the police chief and/or city manager. 8. Subparagraph (B)(4) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(6)- 9. Subparagraph (B)(5) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(7)- 10. Subparagraph (B)(6) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(8)- 11. The following shall be inserted as new subparagraph (B)(9) of SECTION 8-8-7: If the board's public report to the city council does not affirm the decision of the police chief or city manager, the board may request an independent investigation, which shall be completed within 90 days after the issuance of the board's public report. The city council may grant requests for extensions to this deadline upon good cause shown. The independent investigator shall be selected and hired by the board. The independent investigator shall issue a public report to the city council and to the board concerning the investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". The independent investigator's public report shall not include the names of the complainant(s) or the police of The independent investigator's public report shall not include any discipline or personnel matters, although the independent investigator may comment generally as to whether the investigator believes discipline is appropriate without commenting on the extent or form of discipline. A copy of the independent investigator's public report shall be given to the complainant(s), the police of the police chief, the equity director, and the city manager. The independent investigator shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with due process law. The independent investigator shall give notice of such hearing to the police officer so that the officer may testify before the independent investigator and present additional relevant evidence. The independent investigator shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the independent investigator. If the independent investigator's report is not critical of the officer's conduct, the investigator is not required by law to offer a hearing to the officer, but the investigator may hold hearings as deemed appropriate by the investigator. 12. Subparagraph (B)(7) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(10)- 13. Subparagraph (B)(8) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(11), and shall be further amended to read as follows: No findings or report submitted to the board or prepared by the board or any independent investigator shall be used in any other proceedings. 3 City of Iowa City MEMORANDUM Date: November 29, 2018 To: City Council From: Jody Matherly, Police Chief Eleanor M. Dilkes, City Attorne4 Re: Community Police Review Board (CPRB) recommendations for ordinance amendments By memo to the City Council of July 23, 2018, a copy of which is attached, the CPRB requested that Council consider adopting certain revisions to the CPRB ordinance (City Code 8-8). This memo will provide staffs input on each of these recommendations and suggest one additional change to the ordinance. CPRB Proposals 1. In the event that an internal affairs investigation is released to the public it will be available to any member of the public. Staff has no objection to the city attorney providing such internal affairs investigation to the board in the form that it is released to the public. Staff notes that the findings and conclusions of the police chief would have been provided to the board as part of the chief's report to the Board. 2, Staff has no objection to the board including in its annual report to the city council a statement of whether the board's decision differed from that of the police chief and/or city manager. 3-6. Staff supports the CPRB proposal that the police chief meet with the CPRB to discuss the anticipated differences in the chief's report and the board's yet to be issued public report. The police chief welcomes the opportunity to review how the facts of the complaint and the concerns of the board relate to the policies, procedures, laws and training that govern the conduct of the officer. As do other board discussions about a complaint/internal investigation, this discussion would occur in closed session. 7-10. Staff has no objection to the board stating in its public report whether the board affirmed or rejected the conclusion set forth in the police chief's report (use of "conclusion" rather than "opinion" will track the language of the ordinance). 11. Staff does not support the board's proposal that the board be able to request an independent investigation of the facts of the complaint if the board's public report to the Council does not affirm the decision of the police chief. Staff has both logistical and legal concerns about this proposal as follows: a. The board currently has the option of hiring an independent investigator once it receives the chief's report. (8-8-7(13)(1)(f)). This is the highest "level of review" available to the board, with the lowest being "on the record with no additional investigation." b. An investigation, if necessary, should be done before the facts are revealed to the public in the board's report, not after. c. Differences in the reports of the police chief and the board typically have less to do with a disagreement about the facts, and more to do with a difference in perspective. If there are such differences, the chief and the board should have a discussion and learn from each other's perspectives in an attempt to facilitate less November 29, 2018 Page 2 conflict in the future. As noted above, staff supports the CPRB's proposal for a meeting between the CPRB and the chief. d. The independent investigator will not have the same access as the police chief does to the police officer against whom the complaint is made. Under Iowa's civil service law (Iowa Code Chapter 400) and the police officer's bill of rights (Iowa Code Chapter 80F), the police chief has the authority to discipline officers, to initiate an internal investigation into a complaint against an officer and to question the officer. An officer who invokes his 511 Amendment privilege against self- incrimination may be compelled, by threat of termination, to respond to the questions posed by the internal investigators. This is known as the Gard tylGardner principle referred to in section 8-8-5(B)(1) of the ordinance: "Prior to investigation of any board complaint, the police chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the offioer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding." The CPRB is not the employer, does not have disciplinary authority, and therefore the officer cannot be compelled to answer the independent investigator's questions. See, e.g. City & County of Denver v. Powell, 969 P.2d 776 (Court App. 1998) (Public Safety Review Commission not officers' employer and cannot compel them to testify; any statements they might make would be voluntary and would, therefore, effect a waiver of their Stn Amendment rights such that their statements could be used against them in a subsequent criminal proceeding.) e. The police chief notes that it is his job to thoroughly investigate complaints of misconduct. If he fails at that it is his expectation he will be held accountable. Staff proposal Section 8-8-5 (13)(4) of the ordinance provides, in part: " I me city manager will participate in the interview process with the officers involved in the complaint. A review of the city manager's involvement under this provision will be done in two (2) years to ensure the practice is producing its intended purpose." This provision was added in 2013 on the recommendation of the Ad Hoc Diversity Committee as one of several proposed changes to address the following issue identified by the Committee: Of those who had heard of the Police Citizen Review Board, a major area of concern was that the current system is structured so that the police department is policing itself. The high level of public suspicion related to the Police Citizen Review Board is such that many citizens feel that if they participate in process the outcome will prove disadvantageous to them. Diversity Committee Report to City Council, March 2013 p.4 (IP2 03-07- 13). The city manager and city attorney had been involved in the Committee's discussions and the staff response to this recommendation was: The importance of maintaining objectivity in these cases remains a critical component of the process. City staff believes that the city manager can participate in the interviews but wishes to review this practice over time to November 29, 2018 Page 3 insure the recommendation is achieving its intended purpose and the integrity of the process is maintained. Memorandum to City Council from City Manager Tom Markus dated June 11, 2013 (Agenda 6-18-13 Item 15). The minutes of the Ad Hoc Diversity Committee reveal that the proposal originated from the Committee's desire to include persons outside the police department in the investigatory process. (See minutes of 11/19/2012 and 2120/13). The provision has not been reviewed since its adoption in 2013. After participating in police officer interviews for two and a half years, the city manager does not believe that the practice adds value to the process, but rather, slows it down by complicating the scheduling of interviews of officers and supervisors who often don't have many, if any, work hours that overlap with traditional business hours. Additionally, each case can require hours of preparatory work. The city manager will continue to review the outcomes of the police chief's investigation and the CPRB's report. It is his ability to question the police department's findings and make changes in the police department — whether policy or personnel — that provides value to the process. The city manager notes that he is happy to meet with the CPRB and police chief if the CPRB questions the police chiefs decision. To this end, staff proposes an addition (in red) to the CPRB's proposed amendment #3: The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B): In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of oyinion. If the board requests the city manager's presence at said meeting the city manager will also attend. Such meeting shall take place prior to the issuance of the board'syublic report to the city council. Encl. Cc: Geoff Fruin, City Manager Kellie Fruehling, City Clerk for distribution to CPRB 23, Prepared by: Eleanor Dilkes,City Attorney,410 E.Washington Street, Iowa City, A 52240;319-356-5030 ORDINANCE NO. 19-4783 Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", to provide for changes in procedure and enhance opportunities for conversation when the conclusions of the police chief and the Board differ. Whereas, by memorandum dated July 23, 2018 the Community Police Review Board (CPRB) recommended that the City Council make certain changes to the CPRB ordinance; Whereas, the City Council has determined that the ordinance should be amended to enhance opportunities for conversation when the conclusions of the police chief and the CPRB on a complaint made to the CPRB differ; and, Whereas, it is in the best interests of the City and its residents to amend the ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. AMENDMENTS. 1. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2, "Intent, Goals and Guiding Principles" subsection L, shall be amended by adding the underlined text as follows: If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law, in which case the city attorney shall forward a copy of such internal affairs investigation report to the board. 2. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2, "Intent, Goals and Guiding Principles" subsection N, shall be amended by adding the underlined text as follows: In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the police chief and/or city manager, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. 3. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 5, "Police Department and Police Chief Investigatory Duties; City Manager Investigatory Duties", subsection B shall be amended by adding the following underlined text as a new paragraph 6: Ordinance No. Page 2 In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of opinion. If the board requests the city manager's presence at said meeting the city manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the city council. 4. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 7, "Duties of Board; Complaint Review and General Duties" shall be amended by adding the underlined text and renumbering as follows: A. Complaints: The board shall forward copies of all complaints received to the police chief for investigation; or where the complaint concerns the police chief, forward a copy of the complaint to the city manager for investigation. A copy of all complaints shall be forwarded to the equity director. B. Review of Police Chief's Report or City Manager's Report: 1. The board shall review all police chief's reports and city manager's reports concerning complaints. The board shall decide, on a simple majority vote, the level of review to give each police chief's or city manager's report, and the board may select any or all of the following levels of review: a. On the record with no additional investigation. b. Interview/meet with complainant. c. Interview/meet with named officer(s) and other officers. d. Request additional investigation by the police chief or city manager, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 2. The board shall apply a "reasonable basis" standard of review when reviewing the police chief's or city manager's report. This requires the board to give deference to the police chief's or city manager's report because of the police chiefs and city manager's respective professional expertise. The board may recommend that the police chief or city manager reverse or modify their findings only if: a. The findings are not supported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 3. If, in accordance with said standard, the board affirms the decision of the police chief or city manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the city council. If such comments are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to subsection B4 of this section. When collecting Ordinance No. 19-4783 Page 3 and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. 4. If the board disagrees with the decision of the police chief or city manager with respect to the allegations of misconduct, the board and the police chief and/or city manager shall meet in closed session to discuss their disagreement about the complaint. If the board requests the city manager's presence at its meeting with the police chief, the city manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the city council. 5. At the conclusion of the board's review, the board shall issue a public report to the city council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons for such determination. The board shall notify the person(s) whose name(s) it intends to disclose, the city attorney and the police chief(or city manager if the police chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10)working days prior to such disclosure. In addition, the board's public report shall not include any discipline or personnel matters, although the board may comment generally as to whether the board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the police chief, equity director, and the city manager. The public report shall indicate whether the board affirmed or rejected the decision set forth in the report of the police chief and/or city manager. 6. The board shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with constitutional due process law. The board shall give notice of such hearing to the police officer so that the officer may testify before the board and present additional relevant evidence. The board shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the board. 7. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a hearing to the officer, but the board may hold hearings as deemed appropriate by the board. 8. The board's report to the city council shall be completed within ninety(90) calendar days of receipt of the chiefs or city manager's report. The city council may grant requests for extensions to this deadline upon good cause shown. Ordinance No. 19_4781 Page 4 9. Nothing in this chapter shall in any way impede or interfere with the police chief's and the city manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the police chief or city manager. 10. No findings or report submitted to the board or prepared by the board shall be used in any other proceedings. 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 1.2 day of March , 2019 -c Ma r Attest: CQ k ,Th '-j-i"JA'La"-aa. City C erk Aroved by 1 - 30 .19 City Attorney's Office Ordinance No. 19-4783 Page 5 It was moved by Teague and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 02/05/2019 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: Mims. Second Consideration 02/19/2019 Vote for passage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Date published 03/21/2019 Item Number: 24. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT March 12, 2019 Ordinance providing that general property taxes levied and collected each year on certain property located within the Moss Ridge Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Moss Ridge Urban Renewal Plan. (Pass and Adopt) Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Moss Ridge Urban Renewal Plan was approved by Council April 27, 2010 (resolution No. 10- 137) and is the prerequisite for the area to be designated a Tax I ncrement Financing (TI F) district. The second step to implementing a TI F district within an Urban Renewal Area (URA) is to adopt a TIF ordinance. The TIF ordinance enables the division of property taxes to help meet the objectives of the urban renewal plan. Plans for the first development in the area are underway and the City desires to capture the tax increment to reimburse itself for building Moss Ridge Road in 2015. Background /Analysis: Among the objectives of the Moss Ridge Urban Renewal Plan are the following: - To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; - To plan for and provide sufficient land for new commercial and industrial development in a manner that is efficient from the standpoint of providing services; - To help finance the cost of constructing street and other infrastructure improvements to support new development; and - To stimulate, through public action and commitment, private investment in new commercial and industrial development. To start the process of achieving these goals, the City built the $4.9 Million Moss Ridge Road from Highway 1 to the eastern property line of the Moss development properties in 2015. The City applied for and was granted a RI SE grant from I DOT for $1.9 Million. The remaining $3 Million was paid for by the City. It had always been the goal of the City to repay itself for those costs using a portion of the tax increment generated by the new development that would occur because of the road. Recently, a parcel in the URA was sold to a developer for a highway commercial project near the intersection of Highway 1 and Moss Ridge Road. When a TI F ordinance is approved, there is a 20 -year limit on its use. This TI F Ordinance includes only the area on which that first development will occur, thus preserving as much of the 20 -year TI F window on the rest of the URA as possible. The 20 -year window will begin on the parcel in the TI F Ordinance area and enable the City to use the TI F increment generated by the new development to repay itself for costs incurred building Moss Ridge Road. It is important to note that the developer of the lot has not requested TI F financing but that the development on which he/she will pay 100% of their property taxes, will generate taxes the City may use to recoup road building costs. Staff recommends the adoption of the TIF ordinance allowing the diversion of the increase in property taxes realized to assist in projects where public benefit will be realized. The public benefit in this case is the public road constructed in 2015. ATTACHMENTS: Description Ordinance Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Ordinance No. 19-4784 An ordinance providing that general property taxes levied and collected each year on certain property located within the Moss Ridge Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Moss Ridge Urban Renewal Plan. Whereas, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 10-137 passed and approved on the 27th day of April, 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Moss Ridge Urban Renewal Area, (the "Urban Renewal Area"), which Urban Renewal Area includes the parcel located within the area legally described as follows: That portion of the northwest quarter of the northeast quarter lying northwesterly of the northwesterly right of way line of Highway; that portion of the south half of the northwest quarter, lying northwesterly of the northwesterly right of way line of Highway 1 (excepting therefrom the portion conveyed to the City of Iowa City for road purposes as described in the Deed recorded in Book 5165 at Pages 808-812); all in Section 36, Township 80 North, Range 6 West of the 5thP.M. Subject to easements and restrictions of Record; and Whereas, expenditures and indebtedness have been incurred by the City of Iowa City, Iowa to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. That the taxes levied on the parcel in the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Ordinance No 19-4784 Page 2 Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of that parcel described above, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of that parcel described above exceeds the total assessed value of that parcel described above as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon of that parcel described above shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes of that parcel described above shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from that parcel described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be Ordinance No. 19-4784 Page 3 construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 12th day ofMarch , 20 19 M OR ATTEST: .A11'- '-�il...�. i ITY CLERK/ Approved by City Attorney's Office I/fid/��J Ordinance No. 19-4784 Page 4 It was moved by Teague and seconded by Cole that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims x Salih x Taylor x Teague x Thomas x Throgmorton First Consideration 02/05/2019 Voteforpassage:AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Salih. NAYS: None. ABSENT: Mims. Second Consideration 02/19/2019 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None. Date published 03/21/2019 Item Number: 25. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT March 12, 2019 Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration and Enforcement of Traffic Provisions" and Chapter 8, entitled "Bicycles," to provide for the operation electric assist bicycles. (First Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Darian Nagle -Lamm, Director Transportation Services Geoff Fruin, City Manager Fiscal Impact: None. Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: Electric assist bicycles are gaining in popularity and staff is negotiating with a company to provide them in Iowa City this spring. The electric assist bicycle program being negotiated consists of bicycles that cannot be operated solely by means of a small motor, but rather the motor assists the operation only when the rider is pedaling. Currently this type of electric assist bicycle is categorized in the City Code as a motor vehicle. The City Code should be amended to treat this type of electric assist bicycle the same as a conventional bicycle for operational purposes meaning, for example, they can be ridden in bike lanes and on sidewalks except for the downtown. Background /Analysis: ATTACHMENTS: Description ordinance 25 Prepared by: Susan Dulek,Asst.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 ORDINANCE NO. Ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 1, Entitled "Definitions, Administration and Enforcement of Traffic Provisions," and Chapter 8, Entitled "Bicycles," to provide for the operation of electric assist bicycles. Whereas, electric assist bicycles are gaining in popularity and staff is negotiating with a company to provide them in Iowa City this spring; Whereas, the electric assist bicycle program being negotiated consists of bicycles that cannot be operated solely by means of a small motor, but rather the motor assists the operation only when the rider is pedaling; Whereas, currently this type of electric assist bicycle is categorized in the City Code as a motor vehicle; Whereas, the City Code should be amended to treat this type of electric assist bicycle the same as a conventional bicycle in terms of operation; and Whereas, it is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: Section I. Amendments. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 1, entitled "Definitions, Administration, and Enforcement of Traffic Provisions," Section 1, entitled "Definitions," is amended by adding the following underlined text: Electric Assist Bicycle: A bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. An electric assist bicycle is not a bicycle, motorized bicycle or motor bicycle as defined herein. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," is amended by adding the following underlined text as new Section 7, entitled "Electric Assist Bicycles": Section 7. The provisions of Sections 9-8-1, 9-8-3, and 9-8-5 of this Code apply to electric assist bicycles in the same manner and to the same extent as they apply to bicycles. 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 , 2019. Mayor Attest: City Clerk Approved by City Attorneys Office 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: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 03/12/2019 Vote for passage: AYES: Thomas, Throgmorton, Cole, Mims, Taylor, Teague. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published Item Number: 26. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT March 12, 2019 An ordinance repealing Title 4, "Alcoholic Beverages", Chapter 4, "Dancing Regulations", Section 1, "Dancing Restricted in Connection with Business" and Chapter 3, "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits", Section 4(I) regarding `Dancing" of the City Code. (First Consideration) Prepared By: Eleanor M. Dilkes, City Attorney Reviewed By: Kellie Fruehling, City Clerk Geoff Fruin, City Manager Fiscal Impact: loss of dance permit revenue (approx. $3000/yr) Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: Since at least the early 1970s City Code has prohibited dancing in establishments with a liquor license without a city -issued dancing permit. Staff's understanding is that it was originally intended to address concerns about overcrowding in liquor establishments and resulting fire hazards. The inspections that are now done in connection with all applications for liquor licenses adequately address these concerns such that the dancing regulations are no longer necessary. Background /Analysis: ATTACHMENTS: Description Ordinance 7 Prepared by:Eleanor Dilkes,City Attorney,410 E Washington St,Iowa City, IA 52240 ORDINANCE NO. An ordinance repealing Title 4, "Alcoholic Beverages", Chapter 4, "Dancing Regulations", Section 1, "Dancing Restricted in Connection with Business" and Chapter 3, "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits", Section 4(l) regarding 'Dancing" of the City Code Whereas, since at least the early 1970s City Code has prohibited dancing in establishments with a liquor license without a city-issued dancing permit; and, Whereas, said regulation of dancing was originally intended to address concerns about overcrowding in liquor establishments and resulting fire hazards; and, Whereas, inspections that are now done in connection with all applications for liquor licenses adequately address these concerns; and, Whereas, it is in the public interest to repeal the dancing regulations. Now,therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Repeal. Iowa City Code of Ordinances Title 4, "Alcoholic Beverages", Chapter 4, "Dancing Regulations", Section 1 "Dancing Restricted in Connection with Business," and Chapter 3, "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits", Section 4(1)regarding 'Dancing"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. Passed and approved this day of , 2019. MAYOR proved by.0)-- 7 ATTEST: 3— t — r 9 CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: 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: Cole Mims Salih Taylor Teague • Thomas Throgmorton First Consideration 03/12/2019 Vote forpassage: AYES: Teague, Thomas, Throgmorton, Cole, Mims, Taylor. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published