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HomeMy WebLinkAbout2023-08-15 OrdinanceAttachments:REZ23-0004 Staff Report Final w-attachments.pdf Swygard-late P&Z correspondence.pdf PZ 7.19.23 minutes-Final.pdf Ordinance Conditional Zoning Agreement Council correspondence - Paula Swygard Item Number: 9.a. August 15, 2023 Ordinance conditionally rezoning approximately 1.63 acres of land located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing – Orchard (RFC-O). (REZ23-0004) STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0004 Prepared by: Anne Russett, Senior Planner Date: July 19, 2023 GENERAL INFORMATION: Applicant/Owner: M&W Properties P.O. Box 5152 Coralville, IA 52241 319-430-5991 Ryanwade1000@gmail.com Contact Person: Michael Welch Welch Design and Development PO Box 679 North Liberty, IA Requested Action: Rezoning of 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC-O). Purpose: Rezone the area consistent with surrounding properties to align with the adopted land use policy direction of the Downtown and Riverfront Crossings Master Plan. Location: North of W Benton Street and west of Orchard Street/Court Location Map: Size: 1.63 Acres Existing Land Use and Zoning: Residential buildings, Low Density Single-Family Residential with a Planned Development Overlay 2 (OPD/RS-5) Surrounding Land Use and Zoning: North: RS-8, Medium Density Single-Family Residential Zone RFC-WR, Riverfront Crossings - West Riverfront South: RS-8, Medium Density Single-Family Residential Zone RFC-O, River Front Crossing-Orchard Subdistrict West: RS-8, Medium Density Single-Family Residential Zone East: RFC-WR, Riverfront Crossings - West Riverfront Comprehensive Plan: Mixed Use District Plan: Riverfront Crossings Master Plan, Orchard District Neighborhood Open Space District: SW3 Public Meeting Notification: Properties within 500’ of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the site on July 3, 2023. File Date: June 12, 2023 45 Day Limitation Period: July 27, 2023 BACKGROUND INFORMATION: In 2016, the City Council adopted an amendment to the Downtown and Riverfront Crossings Master Plan (Master Plan) creating the Orchard District, which included properties along Orchard Street and Orchard Court north of Benton Street. The purpose of the District was to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along S. Riverside Drive and the lower intensity single-family residential neighborhood to the west. To implement the land use vision of the Orchard District adopted as part of the Master Plan, the City Council adopted an amendment to the zoning code to create a new Orchard zoning district (RFC-O) with associated standards into the Riverfront Crossings Form-Based Code. The zoning standards were adopted to ensure that buildings are complementary in mass and scale to the adjacent single-family neighborhood. This zoning code amendment also included the addition of the Orchard District to the Regulating Plan. 3 In 2017, the property located at 627 Orchard Court was rezoned to RFC-O (REZ17-00003) to align with the vision of the Master Plan. A new 45-unit, 3-story building was constructed in conformance with the regulations of the Riverfront Crossings Form-Based Code. The project includes five income-restricted, affordable housing units on-site. In 2018, the area within the Orchard District to the south of the subject property was rezoned to RFC-O (REZ18-00019) to align with the vision of the Master Plan. This included 224, 226, 330, 650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W. Benton Street and included the following conditions: a.Prior to issuance of a building permit, Owner shall: i.Dedicate 15’ of right-of-way along the north side of the Benton St. frontage to the City; ii.Dedicate a 30’ wide access easement running in a north-south direction generally along the western 30’ of the vacated Orchard Court right-of-way south across the property locally known as 330 Orchard Ct., to the southern property line of 330 Orchard Ct., in a location approved by the City Engineer; iii.Dedicate a 30’ wide public access easement over the span of the pedestrian street; iv. Design and obtain approval from the City Forrester of a landscaping plan for the subject property. The landscaping plan shall include, among other plantings, street trees in the Orchard St. right-of-way; and v. Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on- site or as otherwise agreed to between Owner and the City. b.Prior to issuance of a certificate of occupancy, Owner shall: i.Construct a 6’ wide sidewalk along the Benton St. frontage of the subject property in a location approved by the City Engineer; ii.Construct a 5’ wide sidewalk along the Orchard St. frontage of the subject property; iii.Construct a pedestrian street as shown in the concept plan; and iv.Install all plantings shown on and required by the approved landscaping plan. In 2022, a developer requested to rezone the subject property to RFC-O (REZ22-0015) in order to facilitate a specific development concept presented with the rezoning. This rezoning not only included the subject property, but the land to the south (which was already rezoned RFC-O (REZ18-00019)). Property addresses for this proposed rezoning included 224, 226, 330, 614, 622, 630, 650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W. Benton Street. The rezoning failed at City Council by a vote of 4-3 since a supermajority was needed due to the submittal of a valid protest petition from neighbors. The rezoning application being considered now is for the last remaining 1.63 acres of the Orchard District that have yet to be rezoned to RFC-O to align with land use policy direction of the Downtown and Riverfront Crossings Master Plan. This rezoning will complete the land use vision adopted in the Master Plan. A good neighbor meeting was not held for this rezoning application. ANALYSIS: Current Zoning: The property was zoned Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) in 1981 (Ordinance No. 81-3038). 4 The RS-5 zone is primarily intended for the development of single-family residential although some other uses such as duplexes and daycares are allowed in the zone. This conventional zoning district was created prior to the establishment of the Master Plan and is not consistent with the current vision for the area. The Planned Development Overlay allows flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of this title, inconsistent with the comprehensive plan, as amended, or harmful to the surrounding neighborhood. Proposed Zoning: The Riverfront Crossing - Orchard zone (RFC-O) was created to implement the land use vision adopted with the Orchard District in the Downtown and Riverfront Crossings Master Plan. The standards incorporated into the zone were designed to ensure that redevelopment would result in a transition between the higher intensity development along S. Riverside Dr. and the single-family neighborhood to the west. The RFC-O zone restricts building height to three stories. Furthermore, unlike the other RFC zones, the Orchard zone has no bonus height provisions and does not allow building heights to exceed the base maximum of three stories. The RFC-O also includes standards related to stepbacks intended to help with the perceived scale of the building. Multi-family buildings that are two stories or greater are required to have a 10’ stepback. Additionally, development must be setback at least 30’ from adjacent single-family residential intended to mitigate the visual impact of larger buildings. The RFC-O zone also requires the provision of affordable housing, as defined in the Zoning Code. This requirement mandates the provision of affordable housing units in the amount of 10 or more percent of all dwelling units in the development. This requirement may also be satisfied through a fee in lieu contribution to an affordable housing fund. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1.Consistency with the comprehensive plan; 2.Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The Riverfront Crossings Master Plan includes several objectives related to the development of the Orchard District: 1.Encourage redevelopment that is complementary in mass and scale to the adjacent single- family neighborhood 2.Create a transition from larger- scale mixed-use and commercial building along Riverside Drive to single family 3.Improve design quality of development 4.Create better and more visible street access. 5 The plan further notes that development should be restricted to building typologies, such as cottage clusters, townhomes, live -work townhomes and multi-dwelling buildings that are designed and scaled in a manner that is complementary to the rhythm and scale of the single- family neighborhood located to the south and west, where the goal is to preserve the existing housing stock. The figure above shows an excerpt from the Riverfront Crossings Master Plan that lists the plan objectives, desired development character for the district, and the types of development envisioned for this area. The proposed rezoning to RFC-O would therefore allow redevelopment that creates a transition from larger-scale mixed use and commercial buildings along S. Riverside Drive to single family housing to the west of the district. Development would be required to go through the staff Design Review Committee and comply with the Riverfront Crossings Form-Based Code, which incorporates standards that implement the vision and objectives of the adopted policy direction for this area. Rezoning the property to RFC-O aligns with the Master Plan and facilitates the type of redevelopment envisioned for this area. Compatibility with Existing Neighborhood Character: The Orchard form-based zoning provisions are specifically intended to ensure neighborhood compatibility. The form- based provisions were deliberately and expressly created for this area to provide a transition between the more intensive development allowed in the Riverfront Crossings – West Riverfront (RFC-WR) zone to the east and the existing Medium Density Single-Family Residential (RS-8) to the west. To ensure neighborhood compatibility the zone restricts height to three stories and requires an increased setback of 30’ from adjacent residential uses. In addition, the Regulating Plan (see figure at right) includes a north/south pedestrian street that ensures more than one building, which helps to break up the mass and scale of any redevelopment. This pedestrian street is already a required feature for the land rezoned to RFC-O in 2018. Transportation and Access: During the 2018 rezoning of adjacent property, utilizing the same street network, the applicant submitted a traffic study to evaluate how the 2018 proposed development might impact traffic in the area. The study examined the two intersections immediately adjacent to the project: Benton Street and Orchard Street and Benton Street and S. Riverside Drive. The analysis indicated that while the S. Riverside Drive and Benton Street intersection would continue to operate at an acceptable level of service (LOS) with the estimated increased vehicle trips, southbound vehicles queueing on Orchard Street at Benton Street would not. The operating LOS during the AM peak hour and a PM peak hour would be E and F, respectively. The parcel rezoned in the 2018 rezoning was anticipated to create an additional 20-30 peak 6 hour trips during AM and PM peak hours (approximately 7:30 A.M. to 8:30 A.M. and 4:30 P.M. to 5:30 P.M.). The proposed rezoning being considered now would likely result in substantially more traffic generation than previously contemplated, resulting in an unacceptable LOS for the Benton and Orchard Street intersection. Engineering and transportation planning staff find that signalization is the best way to maintain an acceptable level-of-service and safety at the intersection. Staff recommends as a condition of the rezoning that the owner be required to signalize the intersection of Benton Street and Orchard Street and construct any necessary intersection improvements, such as turn lanes. Staff is also recommending a condition that Orchard Street north of Benton Street be reconstructed in a manner approved by the City Engineer because it is likely that any redevelopment will substantially impact the street. The 2018 rezoning already requires the installation of a 6-foot wide sidewalk along W. Benton Street and a 5-foot sidewalk along Orchard Court. The City has adopted a Complete Streets policy to encourage a connected sidewalk network. In furtherance of that policy, Staff is recommending a condition that the 5-foot sidewalk along Orchard Court be extended north along the subject property frontage. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, the City Council will hold a public hearing on the proposed rezoning ordinance. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC-O), subject to the following conditions: 1.Prior to site plan approval for any development on the property, Owner shall: a.Enter into an agreement with the City providing for the construction of public improvements, which may allow for the provision of an improvements escrow, prior to issuance of a building permit. In all cases, however, the public improvements shall be constructed prior to the issues of any certificate of occupancy. The public improvements shall include, but not be limited to: i. 5’ wide sidewalk along the Orchard Street/Court frontage of the subject property in a location approved by the City Engineer. ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and associated intersection improvements, which may include turn lanes, as approved by the City Engineer. iii. Reconstruction of Orchard Street/Court in a manner approved by the City Engineer. ATTACHMENTS: 1.Location Map 2.Zoning Map 3.Rezoning Exhibit Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services PROJECT AREA 1.63 Ac 71,196 SF S88°45'11"W 309.37N00°41'22"W 254.82C4 S07°40'28"W 114.73C1C 2 C3 CURVE SEGMENT TABLE CURVE NUMBER C1 C2 C3 C4 DELTA 159°09'14" 041°15'37" 034°08'33" 008°24'25" RADIUS 50.00' 15.00' 125.00' 2100.00' ARC LENGTH 138.88' 10.80' 74.49' 308.13' CHORD LENGTH 98.34' 10.57' 73.39' 307.86' CHORD BEARING S18°04'47"W S40°56'35"E S37°18'05"E N85°15'08"E SHEET NUMBER: PAGE 1 PROJECT NO: 1028.1 ISSUED DATE: 06/13/2023 PROJECT MANAGER: WELCH REVISION: --- IOWA CITY PROPERTIES ORCHARD COURT PROJECT NAME: M&W PROPERTIES, LLC CLIENT: REZONING EXHIBIT SHEET NAME: ENGINEER: REVISION LOG: REV DESCRIPTION DATE --CITY SUBMITTAL #1 06-13-23 =1" WHEN PRINTED ON 22"x34" SHEET 0 25 50 10075 50'ORCHARD STREETAPPLICANT INFORMATION PROPERTY OWNER M&W PROPERTIES, LLC 2312 DEMPSTER DRIVE CORALVILLE, IA 52241 APPLICANT M&W PROPERTIES, LLC 2312 DEMPSTER DRIVE CORALVILLE, IA 52241 CIVIL ENGINEER WELCH DESIGN AND DEVELOPMENT MICHAEL J. WELCH, PE PO BOX 679 NORTH LIBERTY, IA 52317 (319) 214-7501 REZONING EXHIBIT ORCHARD COURT IOWA CITY, IOWA LEGAL DESCRIPTION ZONING INFORMATION CURRENT ZONING:RS-5 PROPOSED ZONING RFC-O POINT OF BEGINNING ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT SUBDIVISION THENCE ALONG THE EAST LINE OF SAID LOT 4 S08°00'47"W, 114.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 138.88 FEET ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 10.80 FEET ALONG SAID WEST LINE ON A 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57 FEET); THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (CHORD BEARING S37°18'05"E, 73.39 FEET) TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE S88°45'11"W, 309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST LINE N00°41'22"W, 254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE 318.13 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION ON A 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET) TO THE POINT OF BEGINING. DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD.GIBLIN DRIVEORCHARD COURT W. BENTON STREETOLIVE STREETS. RIVERSIDE COURT IOWA INTERSTATE R A I L R O A D MINUTES FINAL PLANNING AND ZONING COMMISSION JULY 19, 2023 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Billie Townsend, Chad Wade MEMBERS ABSENT: Maria Padron STAFF PRESENT: Sara Hektoen, Kirk Lehmann OTHERS PRESENT: Ryan Wade RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC-O), subject to the following conditions: 1 Prior to site plan approval for any development on the property, Owner shall: a. Enter into an agreement with the City providing for the construction of public improvements, which may allow for the provision of an improvements escrow, prior to issuance of a building permit. In all cases, however, the public improvements shall be constructed prior to the issues of any certificate of occupancy. The public improvements shall include, but not be limited to: i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property in a location approved by the City Engineer. ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and associated intersection improvements, which may include turn lanes, as approved by the City Engineer. iii. Reconstruction of Orchard Street/Court in a manner approved by the City Engineer. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ23-0004: Location: 614, 622, and 630 Orchard Court An application for a rezoning of approximately 1.63 acres of land from Low Density Single Family Residential Zone with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard (RFC-O) Zone. Lehmann began the staff report showed the rezoning map of the area, tonight they are looking at the 1.63 acres currently zoned Low Density Single Family or RS-5 with an OPD or Planned Planning and Zoning Commission July 19, 2023 Page 2 of 7 Development Overlay and the proposed zoning is Riverfront Crossings – Orchard zone (RFC-O). The property currently has a couple multifamily buildings on it and uses to the northwest and south are primarily single-family areas. To the northeast and east are larger multifamily buildings being redeveloped under the Riverfront Crossings Code with a building to the northeast currently under construction zoned Riverfront Crossings – West Riverfront (RFC-WR) and then to the east is an existing multifamily building zoned RFC-O. To the south there is also RFC zoning and to the west and north is Medium Density Single Family or RS-8. Regarding background for this site Lehmann stated it's been an ongoing process, but it really started in 2016 when the Downtown Riverfront Crossings Master Plan was amended to include the Orchard Subdistrict. Then in 2017, the form-base code was updated to also include the Orchard Subdistrict and the purpose was to encourage residential redevelopment and to serve as a transition between higher intensity mixed use areas along South Riverside Drive and the lower intensity single family residential neighborhoods to the west. The first building to be rezoned to this was in 2017 at 627 Orchard Court, which is the property to the east of tonight’s subject property. Then in 2018 a portion of Orchard Court and Benton Street were rezoned to the RFC-O and those are the properties to the south that have not been redeveloped yet. That 2018 rezoning did include a conditional zoning agreement and last year in 2022 a portion of what is the current subject property and those properties to the south were proposed to be rezoned to RFC-O, with the purpose of amending that conditional zoning agreement but it failed at City Council with a vote of four in support and three against it, but it didn't have a supermajority which was required due to a protest petition. Lehmann next reviewed the current proposal and demonstrated how it’s different from the previous proposal. Again, the first property that was rezoned to RFC-O was 627 Orchard Court, and 2018 the portion to the south was rezoned with the conditional zoning agreement. The subject property being considering today, as well as the properties to the south, were part of the rezoning in 2022 that failed to win a supermajority so the applicant has returned for just the north portion of that site, which is the only portion that hasn't been rezoned to RFC-O. But tonight’s application will not touch the previous conditional zoning agreement to the south. Again, the proposed zoning is Riverfront Crossings - Orchard, which was created in the Master Plan to implement a transition with a goal of being complimentary in mass and scale to adjacent homes. Since it is a form-based zone it primarily regulates by scale and form and the zone would allow cottage homes, row houses, townhouses, and apartment and multifamily buildings. It could also allow live/work townhouses as well. Lehmann noted there is no density requirement in Riverfront Crossings instead it regulates by the maximum height which is three stories and regulates the number of bedrooms and it's capped at three bedrooms were no more than 20% of units may contain those three bedrooms. There is no bonus height allowed in the zone because it's intended to be a transition from the properties to the west to the higher density Riverfront Crossings to the east. He noted above the second story there is a 10-foot step back that's built into it as well to mitigate height. In addition, there's a requirement that there's a 30-foot setback from adjacent single family residential zones as well. In terms of the development approval criteria, they primarily look at consistency with the Comprehensive Plan and compatibility with existing neighborhoods. With regard to the Comprehensive Plan, this again is the Orchard Subdistrict in the Downtown Riverfront Crossings Master Plan which was intended specifically to encourage redevelopment of the area primarily because in the original staff report they noted that it creates an unpleasant environment for Planning and Zoning Commission July 19, 2023 Page 3 of 7 walking and biking. The duplexes that are currently along Orchard Court have auto-oriented frontages with large garages and driveways. There are also some older single-family homes to the south that have no street access or frontage or pedestrian access, which creates some challenges for the site. This is why in the Master Plan objectives it is redevelopment of the site. One of the reasons a form-based zone was used for this site was because not having the density cap would encourage the redevelopment of the existing properties that are on this site but the form-based standards that are incorporated as part of that include height limit and things like that, to try and create the transition. In terms of height limits, the proposal is three stories and the property to the west can have three stories as well, but they're currently single family residential. To the east a larger variety of uses are allowed that can be four or five stories depending on bonus height. The form-based standards also allow more uses than typically seen in a RS-5 or RS-8 zone but it has more restrictions than the zone to the east, creating that transition. This rezoning would specifically implement the Master Plan that was imagined for the site and this is the only zone that would be consistent with the Comprehensive Plan, as it's currently adopted in terms of compatibility with existing neighborhood. Lehmann stated another factor on the site is transportation and access. As part of the 2018 rezoning that rezoned the properties to the south, they did determine that the intersection of Benton Street and Riverside Drive would operate at acceptable levels of service. However, where Orchard Street meets Benton Street, it would be unacceptable during peak hours. That being said the 2018 rezoning for the southern property is only expecting an additional 20 to 30 trips during peak hours and so they didn't believe that signalization was needed at that time. However, with the proposed rezoning, it would include the north portion of the site and does increase the traffic that would be expected at the intersection and would bring more traffic generation and bring it to unacceptable levels. So as part of recommendations for the rezoning staff does recommend signalization of Benton Street and Orchard Street, and it would also likely require intersection improvements such as turn lanes which would be determined later on in the process as the final plans for the site are identified. In addition, the rezoning would include conditions of an extension of the five-foot sidewalk along Orchard Court north, along the subject property line to create that pedestrian connection and then also reconstructing Orchard Street north of West Benton street so that the public improvements are installed prior to occupancy. Staff recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC- O), subject to the following conditions: 1. Prior to site plan approval for any development on the property, Owner shall: a. Enter into an agreement with the City providing for the construction of public improvements, which may allow for the provision of an improvements escrow, prior to issuance of a building permit. In all cases, however, the public improvements shall be constructed prior to the issues of any certificate of occupancy. The public improvements shall include, but not be limited to: i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property in a location approved by the City Engineer. ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and associated intersection improvements, which may include turn lanes, as approved by the City Engineer. iii. Reconstruction of Orchard Street/Court in a manner approved by the City Engineer. Planning and Zoning Commission July 19, 2023 Page 4 of 7 Lehmann stated staff did receive some public comments from Paula Swygard noting that there were some concerns with the proposed rezoning and she shared those with the Commission. Staff does believe that their recommendation stands as recommended, but upon recommendation from the Planning and Zoning Commission, the public hearing will then be scheduled for consideration by City Council, which based on current Council dates, they anticipate the public hearing being set on August 1 and August 15. Elliott asked are there any natural features that separate the area that they’re talking about tonight and the single-family homes to the west. Lehmann believes there are some existing trees and a little waterway further south. Craig noted first she wanted to say that at the first time they considered this she did not know Ryan Wade, but now does know little bit personally as he was in a business relationship at the time with her son. She did not know he was the developer and was certainly not conflicted, but she let the City Attorney’s office know about that. She wanted to now clarify that business relationship has now ended amicably and therefore they're all good. Craig asked if all the houses stay on Benton Street except for just that little corner. Lehmann confirmed that was correct. Also the previous rezoning in 2018 allowed for redevelopment of the buildings on Orchard Street and those buildings that don’t front Benton. The properties that do front, Benton would remain as they are and are not part of the either the previous rezoning or this rezoning. Hensch opened the public hearing. Ryan Wade (M&W Properties) stated they’ve been working on this property and acquiring this land for nearly eight years now, even prior to the 2017 rezoning, staff understood that they owned majority of these properties at that time. The transition through the Riverfront Crossings rezonings presented them with the opportunity to work with past staff members, Bob Miklo and Karen Howard and work through the process of what that would require to have the Orchard District in this. As of last year, they required this portion of land from a family who they got to know pretty well, this family’s dad passed away and entrusted the land to them, and they decided to sell to M&W Properties, so that's the reason for this rezoning now and why they did not rezone this property in 2017 or 2019 like they did with the other two properties here. Wade noted this rezoning is a straightforward rezoning and they don't have any buyer on a line for it. They acquired this land and paid quite a bit of money for it so they want to see this land developed. Wade noted two thirds of the property here are already rezoned and they have developed a portion this property, almost 20% of the property, in the Orchard District already so he is asking to get a rezoning so they can move forward with the development on it. He confirmed he will work with staff to create a project down there that's going to be more sufficient and a better project and what they have there currently. Wade acknowledged at one time they talked about affordable housing and he stated the very first affordable housing and workforce housing project in Iowa City was his project at 647 Orchard and part of the agreement with the City at that time part of the agreement was to bring 10% affordable housing to this market. Commissioner Wade asked if Aptitude was in in consideration for this project. Ryan Wade replied they're not in consideration right now, the day after that City Council meeting, he apologized for their actions here. They broke their purchase agreement at the time and currently they are not talking to anyone about purchasing this land. Planning and Zoning Commission July 19, 2023 Page 5 of 7 Hensch closed the public hearing. Elliott moved to recommend approval of REZ23-0004, a proposal to rezone approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC-O), subject to the following conditions: 1. Prior to site plan approval for any development on the property, Owner shall: a. Enter into an agreement with the City providing for the construction of public improvements, which may allow for the provision of an improvements escrow, prior to issuance of a building permit. In all cases, however, the public improvements shall be constructed prior to the issues of any certificate of occupancy. The public improvements shall include, but not be limited to: i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property in a location approved by the City Engineer. ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and associated intersection improvements, which may include turn lanes, as approved by the City Engineer. iii. Reconstruction of Orchard Street/Court in a manner approved by the City Engineer. Wade seconded the motion. Wade stated he was in favor of this last time and hopefully the future development takes in context the previous neighborhood feedback on the three different buildings versus the one large building. He also acknowledged the feedback on City Council as far as the traffic study alleviating the concern and is still in favor of this rezoning. Hensch stated he is a yes on this and the two issues in the past that resonated with him were the affordable housing and traffic. Both those concerns have been answered. Townsend asked about the affordable housing and Hektoen noted a rezoning in Riverfront Crossings requires a percentage of affordable housing or a fee in lieu. Craig is going to support this but echoed her concerns from the first time around that they’re tearing down what is affordable housing and are they going to replace it with affordable housing. But she thinks this is an opportunity for the developer to have it zoned for potential investors and to see what they can do with this piece of property. She does have concerns about the transition, what it's going to look like and how it's going to affect the Orchard Neighborhood, the scale of having a three-story building there next to single family but is willing to see what happens. She noted somebody could tear down those houses on Benton right there in front and build a row of townhouses that were three stories high. Townsend stated she is in the same place she was in before, currently there is affordable housing there and now at most it will be 10%. She did acknowledge there's buses there for people get to work. Hensch stated he is totally sympathetic to that but stated this application from his reading of it is consistent with the current ordinance that the City has in place. Planning and Zoning Commission July 19, 2023 Page 6 of 7 A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: JULY 5, 2023: Townsend moved to approve the meeting minutes from July 5, 2023. Craig seconded the motion; a vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Hensch noted on May 2 new bylaws were adopted by the Planning and Zoning Commission and under the articles section on election terms of officers it says officers of the Commission shall be elected annually at the first regular meeting in February of each year. If election of officers shall not be held at such meetings such election shall be held as soon thereafter as convenient. So this February had already passed by the time the new bylaws were approved and traditionally they have voted for new officers in July so he just want to get a sense of the Commission what they would like to do or the advice of the legal expert since it was passed. Hekteon stated Hensch is a duly elected Officer of this Commission. Hensch’s concern is just traditionally they always vote in July so if anyone wants there to be election, he wanted to put it out there. It wasn’t on the agenda so they can’t really discuss it tonight but if someone wants it on a future agenda please let staff know. There was discussion on whether February or July made more sense for officer elections. July is the start of a new fiscal year, but February works too. Craig noted in the AARP newsletter there's a big article in there on Accessory Dwelling Units that talked about several cities that were broadening their policies about the whole owner-occupied issue and the restrictions on building issues. Some places have to have their own off-street parking, which is obviously a detriment, and they have to have their own water and sewer line, is that a requirement here. Lehmann confirmed that is not a requirement here. ADJOURNMENT: Townsend moved to adjourn, seconded by Elliott, a vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2023-2024 9/7 10/19 11/2 11/16 12/7 12/21 1/4 1/18 2/15 3/1 4/5 4/19 6/21 7/5 7/19 CRAIG, SUSAN X X X X O/E X X X X X X X X X X ELLIOTT, MAGGIE X X X X X X X X X X X X X X X HENSCH, MIKE X X X X X X X X X X X X X O/E X PADRON, MARIA X X X O/E X X X X X X X X X X O/E TOWNSEND, BILLIE X X X X X O/E X O/E X X X X X X X WADE, CHAD --- --- X O/E X X X O/E X X X X X X X Vacancy KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Prepared by:Madison Conley,Associate Planner,410 E.Washington Street,Iowa City,IA 52240;319-356-5230(REZ23-0004) Ordinance No. Ordinance conditionally rezoning approximately 1 .63 acres of land located at 614, 622, and 630 Orchard Court from Low Density Single- Family Residential with a Planned Development Overlay .(OPD/RS-5) to Riverfront Crossing - Orchard (RFC-0) (REZ23-0004). Whereas, the owner, M&W Properties LLC, has requested a rezoning of property located at 614, 622, and 630 Orchard Court from Low Density Single-Family Residential with a Planned Development Overlay(OPD/RS-5)to Riverfront Crossing - Orchard (RFC-0); and Whereas, the Comprehensive Plan indicates that this area is intended for redevelopment that is complementary to the surrounding single-family neighborhoods in mass and scale and acts as a transition between the larger-scale development along S. Riverside Drive and the single-family neighborhoods to the west; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided it includes conditions regarding the construction of public improvements such as traffic signalization and other associated improvements at the intersection of Orchard Street and W. Benton Street, installation of a sidewalk, and the reconstruction of Orchard Street north of W. Benton Street; and Whereas, Iowa Code §414.5 (2022) 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 rezoning creates a public need for improvements at the intersection of Orchard Street and W. Benton Street in the form of traffic signals, and associated improvements such as turn lanes, as well as the reconstruction of Orchard Street north of W. Benton Street; and Whereas, the rezoning creates a public need for improvements to pedestrian connectivity, including the installment of sidewalks along Orchard Street; and Whereas, the owner, M&W Properties, LLC, has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified to Riverfront Crossing - Orchard (RFC-0): ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT SUBDIVISION THENCE ALONG THE EAST LINE OF SAID LOT 4 S08°00'47"W, 114.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 138.88 FEET ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 10.80 FEET ALONG SAID WEST LINE ON A 15.00 FOOT Ordinance No. Page 2 RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57 FEET); THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (CHORD BEARING S37°18'05"E, 73.39 FEET) TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE S88°45'11"W, 309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST LINE N00°41'22"W, 254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE 318.13 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION ON A 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET) TO THE POINT OF BEGINING. DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER 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. Passed and approved this day of , 2023. Mayor Attest: City Clerk Approved by City Attorn Z Office (Sara Hektoen —08/09/2023) 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: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/15/2023 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration Date Published: Prepared by:Madison Conley,Associate Planner,410 E.Washington, Iowa City, IA 52240(319)356-5230(REZ23-0004) Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter referred to as "City") and M&W Properties, LLC (hereinafter referred to as "Owner"). Whereas, Owner is the legal title holder of approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court legally described below; and Whereas, Owner has requested the rezoning from Low Density Single-Family Residential with a Planned Development Overlay(OPD/RS-5)to Riverfront Crossing—Orchard (RFC-0); and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for redevelopment subject to compliance with the Riverfront Crossings Form-Based Code; and Whereas, the rezoning creates a public need for improvements at the intersection of Orchard Street and W. Benton Street in the form of traffic signals, and associated improvements such as turn lanes, as well as the reconstruction of Orchard Street north of W. Benton Street; and Whereas, the rezoning creates a public need for improvements to pedestrian connectivity, including the installment of sidewalks along Orchard Street; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided it includes conditions regarding the construction of public improvements such as traffic signalization and other associated improvements at the intersection of Orchard Street and W. Benton Street, installation of a sidewalk, and the reconstruction of Orchard Street north of W. Benton Street; and Whereas, Iowa Code §414.5 (2022) 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 agrees to develop this property in accordance with the terms and conditions of the Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. M&W Properties, LLC is the legal title holder of the property legally described as: ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT SUBDIVISION THENCE ALONG THE EAST LINE OF SAID LOT 4 S08°00'47"W, 114.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 138.88 FEET ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 10.80 FEET ALONG SAID WEST LINE ON A 15.00 FOOT 1 RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57 FEET); THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (CHORD BEARING S37°18'05"E, 73.39 FEET) TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE S88°45'11"W, 309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST LINE N00°41'22"W, 254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE 318.13 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION ON A 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET) TO THE POINT OF BEGINING. DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD'. 2. 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 (2022) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all requirements of the Zoning Code, as well as the following conditions: A. Prior to site plan approval for any development on the property, Owner shall: i. Enter into an agreement with the City providing for the construction of those public improvements stated below, which may allow for the provision of an improvements escrow, prior to issuance of a building permit. In all cases, however, the public improvements shall be constructed prior to the issues of any certificate of occupancy. The public improvements shall include, but not be limited to: a. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property in a location approved by the City Engineer. b. Traffic signalization at the corner of W. Benton and Orchard Streets, and associated intersection improvements, which may include turn lanes, as approved by the City Engineer. c. Reconstruction of Orchard Street/Court in a manner approved by the City Engineer. 4. Owner acknowledges 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. 5. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2022), and that said conditions satisfy public needs that are caused by the requested zoning change. 2 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 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 7. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 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. Dated this C) day of TO- , 2023. City of Iowa City M&W operties LLC Bruce Teague, Mayor : Attest: Kellie Grace, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: State of Iowa ss: Johnson County This instrument was acknowledged before me on . , 2023 by Bruce Teague and Kellie Grace as Mayor and City Clerk, respectively,dod'the City of Iowa City. 'f ry Public?n and Vfar the Stat bf Iowa (Stamp or Seal) 3 M&W Properties LLC Acknowledgment: State of lk • County of -CrOVI \58 This record was acknowledged before me on Aliw 0-St t• % r 2023 by -p /�A v w aott (name) as (0 -OVJ►M& �/ (title) of M&W Properties LLC. • Nota lic in an f the tate of I a .PaAL EMILY HARTWIG � Commission Number 764355 * My Commission Expires (Stamp or Seal) rove, August 25,2025 My commission expires: rYC • Prepared By:Tracy Hightshoe, Neighborhood & Development Services Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Ordinance Item Number: 10.d. August 15, 2023 Ordinance amending Title 18, entitled "Site Plan Review," Chapter 2, entitled "Procedures and Submittal Requirements," to extend the time a site plan remains valid. (First Consideration) Executive Summary: The Iowa City City Code (Title 18 - Site Plan review) is subject to alteration and clarification as situations and circumstances change throughout the City. The proposed ordinance addresses issues that have arisen since the pandemic as they impact development. Due to various market factors, including but not limited to labor shortages, supply chain interruptions, and how contractors do business under new financial realities, site plan development is taking longer for some developments. This amendment extends the time a site plan remains valid. Background / Analysis: The current code, under Section 18-2-3, Effective Period of Plan Approval, provides that site plans remain valid for one year after the date of approval. The approved site plan is null and void if a building permit is not issued within one year of plan approval or if actual construction has not commenced within eighteen months of the site plan approval. This amendment will extend the length of time a site plan remains valid to three years after the date of site plan approval and construction must commence within 42 months of site plan approval. This time frame grants additional time for development, however places an expiration date in the not so distant future so that significant changes to development standards are not missed. If a building permit and construction has not commenced within this new time frame, the developer must resubmit for site plan approval and would be subject to any applicable changes in development standards since their original submittal. Prepared by:Tracy Hightshoe, NDS Director,410 E.Washington St., Iowa City, IA 52240(319)356-5230 Ordinance No. Ordinance amending Title 18, entitled "Site Plan Review," Chapter 2, entitled "Procedures and Submittal Requirements," to extend the time a site plan remains valid. Whereas, various market factors, including the COVID-19 pandemic, labor shortages, supply chain interruptions, and changes in the financial industry have resulted in a slower real estate development process; and Whereas, it is common for construction projects to take longer than one year to commence after a site plan is approved; and Whereas, the City wishes to allow additional time before an approved site plan expires to promote and facilitate development, yet still ensure compliance with current code requirements; and Whereas, it is in the City's interest to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 18, entitled "Site Plan Review," Chapter 2, entitled "Procedures and Submittal Requirements," Section 3, entitled "Effective Period of Plan Approval," is amended by deleting the strike-through text and adding the underscore text as follows: The approval of any site plan shall remain valid for one three years after the date of approval. The approved site plan shall be null and void if a building permit has not been issued within one three years of the site plan approval of and if actual construction has not commenced within eighteen ( ) 42 months of the site plan approval. "Actual construction" shall mean that the permanent placement of construction materials has started and is proceeding without undue delay. 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 , 2023. Mayor Attest: City Clerk Approved by _ter City Attorne ' O ice (Sara Hektoen—08/09/2023) 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: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/15/2023 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration Date Published: Prepared By:Liz Craig, Assistant City Attorney Reviewed By:Eric Goers, City Attorney Geoff Fruin, City Manager Dustin Liston, Police Chief Fiscal Impact:None Staff Recommendation:Approval Commission Recommendations:NA Attachments:Ordinance Item Number: 10.e. August 15, 2023 Ordinance amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. (Second Consideration) Executive Summary: This ordinance sets fines for the simple misdemeanor ordinance violation of disorderly house. Background / Analysis: If this ordinance is approved, the fine associated with the criminal disorderly house violation will change from an unscheduled fine, meaning the fine is set by the Court within a statutory minimum and maximum, to a scheduled fine based upon whether the offense is a first, second, or third or subsequent offense. The fines will be scheduled as follows: First offense: $300.00 Second offense: $500.00 Third or subsequent offense: $855.00 The reason for making this change is that often disorderly house defendants do not appear for trial, and a warrant is then routinely issued by the Court for the defendant's arrest. Trial is reset, and any witness that has appeared for trial must then appear again. On several occasions, witnesses have had to appear multiple times for trial, which is both an expense and inconvenience. If the fine is scheduled, judgment may be entered on an unsecured appearance bond, and the matter may be concluded after a single trial date in most instances. Given the significant use of public resources and negative impact on the public of repeated disorderly house violations, the fine should increase for subsequent offenses. 5 CI Prepared by: Liz Craig,Ass't.City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance no. Ordinance Amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous Offenses," to specify the criminal penalty for disorderly house violations. Whereas, keeping a disorderly house (aka, loud party) is a violation of the Iowa City Code of Ordinances punishable either as a simple misdemeanor(criminal charge) or municipal infraction (civil citation); and Whereas, the penalty for a criminal disorderly house violation is currently unscheduled, meaning the fine is set by the Court within a statutory minimum and maximum, punishable by a fine prescribed in Section 903.1(1)(a) of the Iowa Code; and Whereas, because the penalty is unscheduled, the charge is generally written on a Complaint and Affidavit without an unsecured appearance bond provided by the defendant; and Whereas, because there is not an unsecured appearance bond provided by the defendant, a warrant generally issues if the defendant fails to appear for trial, which means the defendant may be arrested on this warrant; and Whereas, if the defendant does not appear for trial, witnesses may be required to appear for trial multiple times when the trial is rescheduled, which is both an expense and inconvenience; and Whereas, the interests of justice would be more fully served by the scheduling of the fine for this offense, so that the defendant provides an unsecured appearance bond on a uniform citation and complaint, and the district court may enter judgment on the unsecured appearance bond if the defendant fails to appear and the case may be concluded on the date scheduled for trial; and Whereas, given the significant use of public resources and negative impact on the public of repeated disorderly house violations, the fine should increase for subsequent offenses; and Whereas, it is in the best interest of the City to specify the criminal penalty for disorderly house violations. Now, therefore, be it ordained by the City Council of the City of Iowa City: Section I. Amendments. 1. Title 8, entitled "Police Regulations,"Chapter 5, entitled "Miscellaneous Offenses," Section 5, entitled "Keeping Disorderly House," subsection A is hereby amended by adding the underlined text and deleting the strike-through text as follows: A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or condition that threatens injury to persons or damage to property. No person shall permit or suffer to continue, without taking legal steps to prevent the same, loud, raucous, disagreeable noises made with an intentional or reckless disregard for causing a disturbance of the neighborhood, or a disturbance to the general public, upon any premises owned by the person or in the person's possession. For the purposes of this Ordinance No. Page 2 section, "a disturbance to the general public" includes the disturbance of persons beyond the subject premises and/or to the disturbance of persons upon public places, including peace officers. Any violation of this subsection shall bo a simple misdemeanor. 1. A person who violates the provisions of subsection A of this section is guilty of a simple misdemeanor punishable as follows: a. For a first offense, a fine of three hundred dollars ($300.00). b. For a second offense, a fine of five hundred dollars ($500.00). c. For a third or subsequent offense, a fine of eight hundred fifty-five dollars ($855.00). 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 , 2023. Mayor Attest: City Clerk Approved by J City Attor y's Office (Liz Craig —07/25/2023) Ordinance No. Page 3 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/01/2023 Vote for Passage: AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: Bergus ABSENT: None. Second Consideration 08/15/2023 Vote for Passage: AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: Bergus ABSENT: None Date Published: Prepared By:Jennifer Schwickerath, Assistant City Attorney Reviewed By:Redmond Jones II, Deputy City Manager Darian Nagle-Gamm, Director of Transportation Services Fiscal Impact:It is anticipated that the proposed fee would allow the City to break-even. If no fee is imposed and the amount of electric charging remains the same, the estimated loss is $10,568.00 per year. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Ordinance Item Number: 10.f. August 15, 2023 Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric vehicle charging. (Second Consideration) Executive Summary: Staff recommends the City establish a $0.16/kWh fee for use of public EV charging stations in public parking facilities, to recover the state excise tax, ChargePoint 10% transaction fees, electricity, and ChargePoint cloud plan fees. Background / Analysis: The City of Iowa City has been offering electric vehicle charging to the public in municipally owned parking facilities starting with the Harrison Street Ramp in April 2017. Electric Vehicle Supply Equipment (EVSE) was installed in Capitol Street Ramp, Dubuque Street Ramp, and Chauncey Swan Parking Ramp in November of 2018. EVSE was then added to Court Street Transportation Center in December 2019 and the Tower Place Parking Ramp in July 2020. Once these installations were complete, two electric vehicles (EVs) could charge simultaneously in each of the six downtown parking facilities. This amenity has been offered at no additional charge, to date. Parking sessions in spaces designated for EV use are limited to four hours to promote vehicle turnover. ChargePoint is the platform that facilitates charging sessions. Customers must download the ChargePoint smartphone app. The ChargePoint app is used to initiate a charging session. ChargePoint users are required to tie a credit card to their app. The State of Iowa passed HF 767 in 2019 to recover road use fees that are normally collected by legacy fuel taxes. Battery electric vehicles (BEVs) do not use any gasoline and plug-in hybrid vehicles (PHEVs) use far less gasoline than a conventional vehicle. HF 767, which phased in additional annual registration fees for BEVs and PHEVs starting in January 2020, also included an excise tax of $0.026 per kilowatt hour for electric vehicle charging at non-residential locations beginning July 1, 2023. This excise tax will apply to Iowa City’s public charging stations. The City has four expenses associated with the dispensing of electric fuel at publicly accessible parking spaces: electricity, ChargePoint Plan fees, maintenance costs (which has been negligible) and the state excise tax on electric fuel. If the City chooses to collect a charging fee to recover costs through the ChargePoint platform, another expense will be added – a fee amounting to 10% of each transaction. Staff evaluated calendar year 2022 utilization and expenses related to the provision of charging equipment for community use. An analysis indicates that a fee of $0.16/kWh would be required to break-even, covering all taxes and expenses as shown below. • Estimated annual EVSE expenses: $11,768 (includes 10% per transaction fee) • Estimated annual revenue: $12,000 • Net revenue: $233 • Proposed per kWh fee: $0.16/kWh Staff recommends the City establish a $0.16/kWh fee, to recover the state excise tax, ChargePoint 10% transaction fees, electricity, and ChargePoint cloud plan fees. Doing so would collect a total of about $12,000 over the course of a year, which would cover estimated expenses based on CY 2022 utilization. Under this scenario a typical BEV driver would pay approximately $4.00 per 4-hour charging session, and a PHEV driver would pay approximately $1.00 in addition to hourly parking or permit fees. The fee will ensure that expenses related to the dispensing of electric fuel are recovered, that the charging equipment remains available to the maximum number of drivers. Assessing fees to customers on a per kWh basis is the most transparent and equitable fee structure considering that BEVs and PHEVs have different power needs and charge their batteries at different rates. Staff recommends pursuing idle fee charges in the future if compliance with the 4-hour parking prohibition becomes problematic. A caveat - While the City has seen tremendous growth in the utilization of public EV chargers, it is reasonable to assume that once fees are implemented, demand may decrease for drivers with EV charging capacity at home. After a fee is established, we may observe that a greater proportion of those using public EV charging in the future are renters or those who without access to a garage. Staff will continue to monitor the utilization of charging equipment and expenses and will periodically reevaluate the fee structure. Prepared by: Jennifer Schwickerath,Asst.City Attorney,410 E.Washington Street,Iowa City, IA 52240;319-356-5030 Ordinance No. Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric vehicle charging. Whereas, Iowa City Code section 3-4-8: Parking: sets the amount of Fee, Charge, Fine or Penalty for various parking matters; and Whereas, the City offers electric vehicle charging to the public in parking facilities; and Whereas, the State has enacted legislation creating a new excise tax on electric fuel, which requires owners of electric charging stations to report and pay to the Iowa Department of Revenue $0.026 per kilowatt hour of electric fuel dispensed starting July 1, 2023; and Whereas, the electric vehicle charging is currently provided to the public at no cost and the City pays the excise tax, the cost of the electricity, and the cost of the platform to facilitate the charging session; and Whereas, the City has determined that there should be a fee for electric vehicle charging in an amount sufficient to reimburse the City for the excise tax, the cost of the electricity, and the cost of the platform to facilitate the charging session; and Whereas, the City has determined that a fee of$0.16 per kilowatt hour should be assessed; and Whereas, it is in the best interest of the City to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking, is hereby amended as follows: 1. by adding the following new fee to Parking ramp fees: Electric vehicle charging fee $0.16 per kilowatt hour Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be effective upon publication. Passed and approved this day of , 2023. Mayor Attest: Approved by: City Clerk City Attorney's Office (Jennifer Schwickerath —07/27/2023) Ordinance No. Page 2 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration 08/01/2023 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYES: None. ABSENT: None. Second Consideration 08/15/2023 Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Date Published: