HomeMy WebLinkAbout2019-10-01 Public HearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 1u of October 2019, in Emma J.
Harvat Hall, 410 E. Washington Street, Iowa City,
Iowa, or if said meeting is cancelled, at the next
meeting of the City Council thereafter as posted
by the City Clerk; at which hearing the Council will
consider:
An ordinance amending the Riverfront
Crossings regulating plan to include the
property located at 625 S. Gilbert Street in
the Central Crossing Subdistrict. (ZCA19-03)
An ordinance conditionally rezoning
approximately 1.6 acres of property located
at 305 and 315 E. Prentiss Street and 625 S.
Gilbert Street from Community Commercial
(CC -2) and Intensive Commercial (CI -1) to
Riverfront Crossings -Central Crossings
(RFC -CX). (REZ19-07)
Copies of the proposed ordinances and
resolutions are on file for public examination in the
office of the City Clerk, City Hall, Iowa City, Iowa.
Persons wishing to make their views known for
Council consideration are encouraged to appear
at the above-mentioned time and place.
Kellie Fruehling, City Clerk
Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251
ORDINANCE NO.
An ordinance amending the Riverfront Crossings regulating plan to
include the property located at 625 S. Gilbert Street in the Central
Crossings subdistrict (ZCA19-03)
WHEREAS, Capstone Collegiate Communities, LLC (hereinafter "Applicant') wishes to rezone 1.6
acres of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street from
Community Commercial (CI -1) and Intensive Commercial (CC -2) to Riverfront Crossings – Central
Crossings (RFC -CX); and
WHEREAS, the properties located at 305 and 315 East Prentiss Street are a part of the Central
Crossings subdistrict of the Riverfront Crossings district and the property located at 625 South Gilbert
Street is a part of the Gilbert subdistrict of the Riverfront Crossings district; and
WHEREAS, the Downtown and Riverfront Crossings Master Plan envisions this site to be
redeveloped to allow a mix of residential and commercial uses; and
WHEREAS, the Central Crossings subdistrict is focused on residential development to address the
need for housing close to downtown and; and
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WHEREAS, the Gilbert subdistrict is mostly built out to the north of the railroQopd epvisicpHhe
area south of the Iowa State Railroad to redevelop at a lower intensity; and D:=; _
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WHEREAS, this property is located north of the Iowa State Railroad; and _<� J
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WHEREAS, the Applicant has proposed developing an 8 -story residential"3 in% -on ttUite,
which requires height bonus review and approval by the City Council; and D ry
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WHEREAS, a multi -story residential building compliant with the Central Crossing subdistrict
standards would be consistent with the Riverfront Crossings Master Plan and compatible with the
existing neighborhood, which includes multi -family residential and commercial to the north, east, and
south and multi -family residential to the west; and
WHEREAS, the Planning and Zoning Commission has recommended approval of this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City of Iowa City, Iowa:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend Figure 2G-1: Regulating Plan for the Riverfront Crossings District to include 625 S.
Gilbert Street in the Central Crossings subdistrict, as shown on the Regulating Plan attached
hereto.
B. Amend Figure 2G-2: Building Height Diagram for the Riverfront Crossings District to include
625 S. Gilbert Street in the Central Crossings subdistrict, as shown on the Building Height
Diagram attached hereto.
Ordinance No.
Page 2
C. Amend Figure 2G-9: Subdistrict Locator — Gilbert to remove 625 S. Gilbert Street from the
Gilbert subdistrict.
SECTION It. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approv-
al and publication, as provided by law.
Passed and approved this day of
MAYOR
Approved by:
City Attorney's Office
2019.
ATTEST:
CITY CLERK
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Figure 2G-2
Riverfront Crossings Height Diagram
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Legend
- 3 stories max.
- 4 stories max.
- 2 stories min., 6 stories max.
- 2 stories min., 8 stories max.
_ 8 stories max. with Iowa River Frontage
- Public Parks and Open Space
Green Space
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Figure 2G-9
Subdistrict Locator - Gilbert
Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 310,3565230 (REZ19-07)
Ordinance No.
An ordinance conditionally rezoning approximately 1.6 acres of land
located at 305 and 315 East Prentiss Street and 625 South Gilbert
Street, from Intensive Commercial (CI -1) and Community
Commercial (CC -2) to Riverfront Crossings — Central Crossings
(RFC -CX). (REZ19-07)
Whereas, the applicant, Capstone Collegiate Communities, LLC, has requested a rezoning of property
located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1)
and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and
Whereas, the Comprehensive Plan has designated this area for general commercial and the Downtown
and Riverfront Crossings Master Plan envisions this area to be redeveloped into a mix of residential and
commercial uses; 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 regarding dedication of right-
of-way along the west side of S. Gilbert Street, provision of an access easement for City vehicles to
access a manhole on the southwest corner of the subject property, provision of an access easement for
City access to a sanitary sewer line that runs on the southeast end of the property, improvements to
Ralston Creek including removal of invasive trees, stream bank stabilization, tree planting, and dedication
of a temporary construction easement for the reconstruction of the Prentiss Street Bridge, and satisfaction
of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new
residential development; 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, areas of public need will be met by the acceptance of this ordinance, irpAuding the
enhancement of pedestrian infrastructure along S. Gilbert St. by creating a buffer beteteen peWstrian and
vehicle traffic, City access to public utility infrastructure for repairs and mainten*Q R4"on 011k
restoration, and affordable housing; and --4 '0
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Whereas, the owner and applicant have agreed that the property shall be developl�anraccordanth
the terms and conditions of the Conditional Zoning Agreement attached hereto t�%urex ppr i to
development in this area of the city. :a:- r Q
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Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: r
Section I Aooroval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby classified Riverfront Crossings — Central Crossings (RFC -CX):
Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying West of Gilbert
Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as
Commencing at the Northeast Corner of Lot 1, Block 21, of the County Seat Addition; Thence
S00012'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence
SB9010'00"E, 22.00 feet, Thence S54057'41"E, 46.02 to the Northwesterly right of way line of Gilbert
Street; Thence southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve,
concave southeasterly (chord S32043'18"W, 80.04 feet), Thence N82021'24"E, 213.00 feet; Thence
N00012'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof,
7.75 feet to the southwest corner of said Lot 4, of Block 21; Thence easterly along the southerly
boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly
line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 acres and
is subject to easements and restrictions of record.
Ordinance No.
Page 2
Section II. Zoning Mao. 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, as well as the easement agreements contemplated by the
Conditional Zoning Agreement, in a form approve by the City Attorney.
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 any agreements or other
documentation authorized and required by the Conditional Zoning Agreement, 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.
Passed and approved this day of 20
Mayor
Attest:
City Clerk
Approved by
City Attorneys Office
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Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 3565230 (REZ19-07)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Boyd Investment Company, LC (hereinafter "Owner"), and Capstone
Collegiate Communities, LLC (hereinafter "Applicant').
Whereas, Owner is the legal title holder of approximately 1.6 acres of property located at
305 and 315 East Prentiss Street and 625 South Gilbert Street; and
Whereas, the Applicant has requested the rezoning of said property from Intensive
Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings – Central
Crossings (RFC -CX); and
Whereas, the conditions established in this agreement address public needs, including
the enhancement of pedestrian infrastructure along S. Gilbert St. by creating a buffer between
pedestrian and vehicle traffic, City access to utility infrastructure for repairs and maintenance,
Ralston Creek restoration, and affordable housing; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding dedication of right-of-way along the west side of South Gilbert Street,
provision of an access easement for City vehicles to access a manhole on the southwest corner
of the subject property, provision of an access easement for City access to a sanitary sewer line
that runs on the southeast end of the property, improvements to Ralston Creek incli!ging the
dedication of a temporary construction easement for the reconstruction of th(E,Prenti5b Street
Bridge, and satisfaction of the affordable housing requirements set forth in sec as 1;G -8 -In
the City Code for any new residential development, the requested zoning is co�sis e'r ith ttw.
Comprehensive Plan; and ::i (—
Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa C`nawimp
reasonable conditions on granting a rezoning request, over and above existinMFFgulations,
order to satisfy public needs caused by the requested change; and D ry
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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 creek restoration, pedestrian safety, City access to infrastructure, and
affordable housing; 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. Boyd Investment Company, LC is the legal title holder of the property legally described
as:
Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying
West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed
Book 1967 at Page 279 as Commencing at the Northeast Corner of Lot 1, Block 21, of
the County Seat Addition; Thence S00°12'59"W, along the Easterly line of said Block 21,
261.17 feet to the Point of Beginning; Thence S89010'00"E, 22.00 feet; Thence
S54057'41"E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence
southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve,
concave southeasterly (chord S32°43'18"W, 80.04 feet); Thence N82021'24"E, 213.00
feet; Thence N00012'59"E along the westerly line of said Block 21, of County Seat
Addition and its projection thereof, 7.75 feet to the southwest corner of said Lot 4, of
Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the
southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block
21, to the Point of Beginning hereof. Described area contains 1.60 acres and is subject
to easements and restrictions of record.
The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan.
Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of
Iowa City may impose reasonable conditions on granting a rezoning request, over and
above the existing regulations, in ord`eir, 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 issuance of a building permit; Owner shall dedicate to the City, with no
compensation to Owner.
1. Right-of-way along the west side of S. Gilbert Street to accommodate the
relocation of a'aidewalk along South Gilbert Street so that there is a buffer
between the sidewalk and the street. The area to be dedicated is shall
generally be approximately 20' in width at the southern property line and 0'
at the northern property line, in a location to be determinedly the City
Engineer. o .o
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2. An easement for the City vehicles and equipment to�if4ss-ffie manhole
for the trunk sewer located near the southwest cdr4K of the fMect
property, in � form of agreement approved by the City AXPey-., M
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3. An easement for City access to the sanitary sewer thaeuns ugh
the former Maiden Lane right-of-way through the southeaeU end of the
subject property. `
b. Prior to issuance of a building permit, or at such time as the City commences its
Prentiss Street Bridge Public Improvement Project, whichever comes first, Owner
shall dedicate to the City, with no compensation to Owner, a temporary
construction easement for the area shown on the attached exhibit and in a form
of agreement approved by the City Attorney.
c. Prior to issuance of a building permit, Owner shall design and obtain approval
from the City Engineer and City Forester, a plan to improve that portion of
Ralston Creek abutting the above-described property. Such improvements shall
be completed prior to issuance of an occupancy permit, and shall include, at a
minimum:
1. Removal of invasive trees;
2. Stream bank stabilization including necessary grading and addition of rip -
rap; and
3. Planting of trees.
3. Owner and Applicant acknowledge the requirements of Iowa City Code of Ordinances
14-2G-8, which requires the execution of an affordable housing agreement to satisfy the
affordable housing obligations through the provision of on-site owner -occupied dwelling
units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining
dwelling units not provided on-site or as otherwise agreed to between Owner and the
City.
4. The Owner and Applicant 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 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. 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 effe te.s a cayenant with
title to the land, unless or until released of record by the City �1-JoVM Cit . his
agreement shall inure to the benefit of and bind all successors, resentative nd
assigns of the parties. -
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7. The Owner and Applicant acknowledge that nothing in this . (Mdit@Lhal Ming
Agreement shall be construed to relieve the Owner or Applicant fro�#pomWying U all
other applicable local, state, and federal regulations. )> N
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8. 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.
[Remainder of this page intentionally left blank.]
Dated this day of , 20_
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
Capstone Collegiate Communities, LLC
By:
Boyd Investment Company, LC
City Attorney's Office
City of o' wa City Acknowledgement:
State of Iowa )
ss:
Johnson County )
This instrument was acknowledged before me on by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of tin City czWowa City.
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Capstone Collegiate Communities, LLC Acknowledgement:
State of
County of
This record was acknowledged before me on , 2019 by
(Name(s) of individual(s)) as
(type of authority, such as officer or trustee) of Capstone Collegiate Communities, LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
4
Boyd Investment Company LC Acknowledgement:
State of
County of _
This record was acknowledged before me on , 2019 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Boyd Investment Company, L.C..
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
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ACQUISITION PLAT
COUNTY JOHNAM 2LSF RFI OW PARCEL NO. 1
PERMANENT RICHTj;AYq,;4TAREA /ATEMPORARY CONS T AREA N/A1.210 SQUARE FEET
10 4 TRANSPORTATION
PROJECT NO. EROS -3715(663)--6J-52
POB NORTHEAST CORNER
NORTHWEST CORNER PREN71SS STREET W.55 LOT 1, BLOCK 21.
LOT 1. BLOCK 21. COUNTY SEAT ADDITION
COUNTY SEAT ADDITION (55')
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W.55' OF LOT 1,
EAST R.D.W. BLOCK 21 EAST LINE OF
UNI STREET W.55' OF LOT 1
TEMPORARY
LEGAL DESCRIPTION
A TEMPORARY CONSTRUCTION EASEMENT LUNG IMTHIN THE WEST
55 FEET OF LOT 1. BLOCK 21. COUNTY SEAT ADDITION N THE CITY
OF IOWA CITY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOM:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 21;
THENCE NORTH Bo DEGREES 15 MINUTES 4B SECONDS EAST ALONG
THE: SOUTH RIGHT-OF-WAY LINE OF PRENTISS STREET 5&00 FEET
TO THE NORTHEAST CORNER OF THE WEST 55' OF LOT 1. BLOCK
21. COUNTY SEAT ADDITION;
TH04CE SOUTH 00 DEGREES 40 MINUTES 15 SECONDS EAST ALONG
THE EAST UNE OF SAID NEST 55 FEET OF LOT 1, 22.00 FEET;
THENCE SOUTN BO DEGREES 16 MINUTES b SECONDS NEST. 55.00
FEET TO THE EAST RIGHT-OF-WAY LINE OF UNN STREET;
THENCE NORTH 00 DEGREES 40 MINUTES 15 SECONDS NEST ALONG
SAID EAST RIGHT-OF-WAY UNE 2200 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1,210 SQUARE FEET, MORE OR LESS, AND SUBJECT TO
EASEMENTS, RESERVAIKINS, RESTRICTIONS, AND RIGHT-OF-WAY
RECORD AND NOT OF RECORD.
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CONSTRUCTION THIS SURVEY IS SU&ECT TO L... ..r
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EASEMENTS, RESERVATIONS, 80.1E
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