HomeMy WebLinkAbout2006-09-05 Ordinance
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Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ06-00015)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 1.12 ACRES OF PROPERTY LOCATED AT
314 AND 328 S. CLINTON STREET FROM CENTRAL BUSINESS SUPPORT (CB-S) ZONE TO
CENTRAL BUSINESS (CB-10) ZONE.
WHEREAS, the applicant Hieronymus Square Associates has requested that the property located at 314
and 328 S. Clinton Street be rezoned from Central Business Support (CB-5) Zone to Central Business (CB-
10) Zone; and
WHEREAS, the Planning and Zoning Commission has found merit in providing additional areas zoned
for CB-10 development south of Burlington Street provided concerns regarding a mix of commercial and
residential land uses, the provision of adequate parking, a mix of residential units, building bulk, building
setback, vehicular circulation routes, landscaping and building design are addressed; and
WHEREAS, Iowa Code Section 414.5 (2005) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy
public needs caused by the rezoning request; and
WHEREAS, tihe applicant and owners acknowledge that certain conditions and restrictions are
reasonable to ensure that development of this property witihin the CB-10 zone complies witih the
Comprehensive Plan's vision for the Near Souths ide Neighborhood, and is compatible with the downtown,
provides sufficient parking, and pays a portion of the parking impact fee that wouid have been required in the
CB-5 zone, provides open space in the form of a landscaped court yard, provides a setback from Burlington
Street and contains a mix of uses and housing types.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement
attached hereto and incorporated herein, the property described below is hereby reclassified from CB-5 to
CB-10:
Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block 102,
Original Town, Iowa City, Iowa.
The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Original Town,
Iowa City, Iowa.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change
the Zoning Map of the City of Iowa City, Iowa to conform to this amendment upon final passage, approval,
and publication of this Ordinance as provided by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. Following final passage and approval of this
Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional
Zoning Agreement attached hereto and incorporated by reference herein.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and
after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to
certify a copy of this Ordinance and the Conditional Zoning Agreement and to record the same at the Office
of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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 tihe 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,
Page 2
Passed and approved this _ day of
,20_,
MAYOR
ATTEST:
CITY CLERK
Approved by
1tihr4- (2:z B/z:,>I&{p
City AllOrn:Y:~
Ppdadmfordfrez06..Q0015.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9 / 5 /06
Vote for passage: AYES: Elliott. 0' Donnell, Vanderhoef. Wilburn, Bailey. Champion,
Correia. NAYS: None. ABSENT:None.
Second Consideration
Vote for passage:
Date published
Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Alfreda Investments L.L.C. (hereinafter "Owner") and Hieronymus Square
Associates, L.L.C. (hereinafter "Developer"); and
WHEREAS, Owner is the legal title holder of approximately 1.12 acres of property located south
of Burlington Street west of Clinton Street; and
WHEREAS, the Owner and Developer have requested the rezoning of said property from
Central Business Support (CB-5) zone to Central Business (CB-10) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the mix of uses, residential dwelling density and type, the provision of
parking spaces and payment of parking facility impact fees, building setback, bulk and design,
and landscaping requirements, the requested CB-10 zoning is appropriate in this location to
allow the extension of downtown; and
WHEREAS, Iowa Code ~414.5 (2005) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property conforms with the Comprehensive Plans vision for the
development of the Near Southside Neighborhood; and
WHEREAS, the Owner and Developer agree to develop this property in accordance with the
terms and conditions of a conditional zoning agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Owner is the legal title holder of the property legally described as follows:
Lot 8, Lot seven 7, and the North one hundred sixty (160) feet of the former public alley, all in Block
102, Original Town, Iowa City, Iowa.
The South sixty (60) feet of Lot 6 and the North (forty-four) (44) feet of Lot 5 in Block 102, Original
Town, Iowa City, Iowa.
2. The Owner and Developer acknowledge that the City wishes to ensure conformance to
the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa
Code ~414.5 (2005) 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, including
conditions regarding the mix of uses, residential dwelling density and type, the provision
of parking spaces and payment of parking facility impact fees, building setback, bulk and
design, and landscaping requirements. Therefore Owner and Developer agree to certain
conditions over and above City regulations as detailed below.
ppdadmlagtlrez06-<XlO15 hieronymus cza 9_1.06 final
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3. In consideration of the City's rezoning the subject property, Owner and Developer agree
that development of the subject property will conform to the requirements of the zoning
chapter, as well as the following conditions:
a. The building or buildings to be constructed on this property will be a mixed-use
commercial and residential development with a minimum of one floor of commercial
development above the ground floor.
b. The property shall contain a maximum of 200 dWE)lling units with a mix of studio or 1
bedroom units, 2 and 3-bedroom units.
c. No more than 30% of the dwelling units shall contain 3 bedrooms. There shall be no
dwelling units with more than 3 bedrooms.
d. A minimum of 80 parking spaces will be provided in a below grade parking facility to
serve the residential occupants of the property.
e. A parking requirement will be calculated for all dwelling units within the development
based on the parking requirements of the CB-5 zone, pursuant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street Parking and Loading Standards.
Prior to issuance of an occupancy permit for the building or buildings to be constructed
on the property, payment of parking facility impact fees will be made to the City for
dwelling units for which on-site parking is not provided. The amount of the fee for each
required parking space not provided on-site shall be computed in the manner set forth in
sections 14-7B-7(C) and 14-7B-7(F) of the City Code. Payment, deposit, use and
refunds of fees shall be governed by sections 14-7B-8, 14-7B-9 and 14-7B-10 of the City
Code.
f. The building shall be a minimum height of 7 stories.
g. The building shall be set back a minimum of 10-foot from the Burlington Street right-
of-way. This 10-foot setback applies to the upper floors of the building as well as the
ground floor.
h. The owner shall dedicate to the City right-of-way for an alley or a public access
easement to provide vehicular circulation through Block 102 in lieu of the alley right-of-
way which is being vacated to allow development of this property. The location of the
alley or public access easement shall be identified prior to the issuance of a building
permit and established and open to the public prior to an occupancy permit.
i. The property shall include a landscaped court yard which includes a central feature
such as a fountain, reflecting pool or a public art element, public seating areas,
landscaping beds or large planters. A minimum of 50 percent of the paving surface of
the court yard shall consist of decorative materials such as clay, concrete or stone
pavers. The court yard shall be screened from service areas. A plan for landscaping of
the court yard area demonstrating compliance with these requirements will be prepared
by the applicant and approved by the Design Review Committee prior to issuance of a
building permit.
j. The design of the development must be approved by the Design Review
Commillee. The owner and Developer must demonstrate to the satisfaction of
ppdadmtagVrez06-00015 hieronymus cza 9.1.06 final
2
the Design Review Committee how the proposed street-level fac;:ade will meet the
following standards:
· The plane of the building at the street-level must be broken into vertical
modules that give the appearance of smaller, individual storefronts reflective
of the pattern and character found in downtown Iowa City. Each module
must be no greater than 50 feet and no less than 20 feet in width and must
be distinguished from the abutting module(s) by a significant and visible
change in building materials and a variation in the wall plane of at least 16
inches. Changes in material colors and textures and other architectural
detailing should be used to enhance this effect.
· To create a human-scaled environment that is comfortable and attractive to
pedestrians, awnings and/or canopies must be used to enhance the
storefront modules.
· Pedestrian entrances must be attractive and inviting features along the
street-level and must be architecturally emphasized in a manner that is
reflective of the pattern and character found in downtown Iowa City.
4. The Owner, Developer and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code 9414.5 (2005), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Developer 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. Owner and Developer acknowledge that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owner or Developer 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.
ppdadmfagtlrezOS-oD015 hieronymus CZ8 9.1.06 final
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Dated this _ day of
,20 .
CITY OF IOWA CITY
Ross Wilburn, Mayor
Attest:
Marian K. Karr, City Clerk
ALFREDA INVESTMENTS L.L.C.
0M=Y'~j~
~ Name) (Title)
(Name)
(Title)
HEIRONYUMUS SQUARE ASSOCIATES, L.L.C.
,
~n
~.~A
Mike Hodge, Ma er
App"",,' by ~
~~~ 1-~~o~
City Attorney's Office
ppdadmlagllrez06-OOO15 hieronymus cza 9.1.06 final
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilbum and
Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~ day of ~",Ioe~ , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
J"J~... Hj',"ClI1f"''^~ , to me personally known, who being by me duly swom,
did say that the person is /I1,f~'9l ~ (title) of
A- I f-.-e,j. ~ 1)...,+.0441... L L C- , and that said instrument was signed on behalf of the
said limited liability . company by authority of its managers and the said
M.......,/ acknowledged the execution of said instrument to be the voluntary
act and Cleed of said limited liability company by it voluntaril cuted.
!<EVIND. DlElMNIN
~_7198M
. My CdmmiaiOn e.p;...
....
e State of Iowa
My commission expires: i 1- 0<" - "Y
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
ppdadmlagVrez06-QOO15 hieronymus cza 9.1.06 final
5
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this Sfh day of SRf'k-b./ , A.D. 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
1/1 di€ I-I~J<' ",~." J21h- tI.trPnI/-1<"'> , to me personally known, who being by me duly sworn,
did say that the persons ..isq~( ~ <<1\(( c;.e ore (title) of
He"rD"V"v.~ .<;4....,1 A-ss<>ct...fsd..L.{,. ,and tliat said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
I" V" ''jl V" 5' acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
<
e State of Iowa
My commission expires: / ~ _ o(p - oV
ppdadmlagtlrezOO-OOO15 hiaronymus cza 9.1.06 final
6
5e-
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sunil Terdalkar
Item: REZ06-00015
314 & 328 Clinton Street
Date: July 20, 2006
GENERAL INFORMATION:
Applicant:
Hieronymus Square Associates
328 South Clinton Street
Iowa City, IA 52240
(319) 338-1294
Contact Person:
Kevin Digmann
711 S. Gilbert Street
Iowa City, IA 52740
Phone:
(319) 631-0548
Requested Action:
Rezoning from CB-5 to CB-10
Purpose:
Development of a mixed-use
residential/commercial building
Location:
Clinton Street south of Burlington Street
Size:
Approximately 1.12 acres
Existing Land Use and Zoning:
Commercial and Surface Parking - CB-5
Surrounding Land Use and Zoning:
North: Undeveloped, Surface Parking - CB-10
South: Undeveloped, Commercial - CB-5
East: Public/Commercial - P/CB-5
West: Commercial - CB-5
Comprehensive Plan:
General Commercial - Near Southside Plan
Neighborhood Open Space District
N/A
File Date:
June 16, 2006
45 Day Limitation Period:
August 1, 2006
BACKGROUND INFORMATION:
The applicant, Hieronymus Square Associates, is requesting approval for rezoning a 1.12-acre
property from Central Business Support Zone (CB-5) to Central Business Zone (CB-1 0) zone. The
property is located east of Clinton Street, south of Burlington Street. The area was zoned CB-2
between 1983 and 1992. It was rezoned to CB-5 in 1992 to implement the Near Southside
Redevelopment Plan.
2
ANALYSIS:
Comprehensive Plan: In 1992 the City adopted the Near Southside Neighborhood
Redevelopment Plan (NS Plan) as a guide for the redevelopment of the area generally bounded
by Burlington Street on the north, Gilbert Street on the east, Madison Street on the west and the
Iowa Interstate Railway on the south (see attached Near Southside Map). The objective of the NS
Plan is to foster redevelopment of the Near Southside while maintaining an economically healthy
core in the downtown. To achieve this objective the NS Plan identifies the area between Court
Street and Burlington Street as suitable for office and commercial development complemented
with upper story residential uses. The NS Plan encourages higher-density residential
development in the area south of Court Street. The plan to expand downtown to the south also
supports the policy of preserving the historic neighborhoods to the north and east of the central
business district by providing a location for growth away from these neighborhoods.
The plan further identifies the need for addressing the issues of parking, open space, pedestrian
accessibility, traffic circulation, historic preservation and amenities. Convenient pedestrian
accessibility has been crucial to the success and vitality of downtown. One of the goals of the
redevelopment plan is to protect and enhance the shopping convenience and pedestrian
accessibility. As the area south of Burlington Street is seen as the 'Downtown Extension' area,
creating adequate linkage between the downtown and the area south of Burlington Street is also
critical. To achieve this goal the plan recommends attention to various aspects of development
including public improvements in the streetscape and careful attention to building and site design
to avoid the creation of "dead spaces" in the streetscape.
The City began to implement the NS Plan by adopting the CB-5 zone and applying it to the area
generally between Court and Burlington Street in 1992. The relationship between the CB-10 zone
north of Burlington Street and the CB-5 zone south of Burlington Street was intended to create a
hierarchy of taller buildings and greater intensity of development in the downtown core to the north
with a step down in height and intensity to the south. The CB-1 0 zone allows a floor area ratio
(FAR) of 10 while the CB-5 zone has a floor area ratio of 3 with the potential FAR of up to 7 if the
developer provides amenities and public benefits as part of the project. The CB-10 zone itself
does not have a maximum height limit; however, the Airport Overlay Zone results in a height limit
of approximately 12 to 14 stories depending on the ground elevation of the property. The CB-5
zone has a height limit of 75 feet or approximately 6 stories. The CB-10 does not require parking
for either commercial or residential development, while the CB-5 zone requires parking spaces for
residential development. Concerns about parking are discussed in more detail below.
The proposed CB-10 zone conflicts with the current Near Southside policy of providing a step
down in height and intensity of development. Staff has identified issues and questions that should
be considered if this substantial change in policy and zoning is to be approved as outlined below:
Are there public interest considerations that would support a change in policy and
therefore a change in zoning? Although the current CB-10 zone allows an FAR of 10 - in reality
most of the downtown properties are developed with a floor area ratio of 2 (that is, a 2 story
building covering most of a property). There are a few exceptions including the Iowa State Bank
Building and the Sheraton Hotel, which are built to an FAR of approximately 5, and the Jefferson
Building and the Vogal House, which have an FAR of about 6.
The recently constructed Plaza Towers has an FAR of approximately 4.75. Since its construction
some citizens have raised concerns about large areas of downtown being redeveloped at such
intensity, even though it is far less than allowed by the current CB-10 zoning. The downtown core
itself does contain historic buildings and buildings that display the storefront features necessary for
a successful and vibrant center. This raises a policy question as to whether redevelopment of
pcd\Staff Reports\rez06.00015 hieronymus version 2.doc
3
much of the downtown to the height and intensity allowed by the current CB-1 0 zone would be
appropriate.
In contrast to the downtown core the current CB-5 area south of Burlington Street, as well as the
north side of Burlington Street which is already zoned CB-10, contain few buildings that have the
characteristics envisioned for the downtown. In light of these conditions would it be appropriate to
encourage a greater intensity of redevelopment by placing CB-10 zoning south of Burlington
Street and thus take redevelopment pressure off of the downtown core where the desirable
buildings and streetscape traits are already.in place? Should consideration being given to
reducing the allowed FAR and/or placing a maximum building height in the downtown core?
Another consideration regarding rezoning areas from CB-5 to CB-10 would be the potential benefit
of diversifying the mix of housing stock downtown. The residential development that has occurred
in the CB-5 zone has been in 3 to 4 story buildings and appears to be marketed primarily as
student housing. The success of Plaza Towers demonstrates that there is a market for high-rise
residential development downtown. Development of mixed-use buildings with a variety of
residential sizes including larger condominiums, as proposed by the application, would help to
further diversify the housing stock and land uses in downtown. This would help support the
commercial development envisioned for the downtown and the Near Southside by the
Comprehensive Plan. The current CB-5 zone south of Burlington Street would allow mixed use
buildings but the height limit prevents buildings taller than 6 stories and thus buildings with the
views desired for the high-rise condominium market. Rezoning areas to CB-10 may encourage
this type of housing or specific plans demonstrating that the applicant will build the desired type of
mixed use buildings could be required as a condition of rezoning.
If a change in policy is supported by the Planning and Zoning Commission and the City
Council, which areas should be considered for rezoning to CB-10? The City will be receiving
additional requests to rezone areas south of Burlington Street to CB-10. As discussed above the
original CB-5 zone was intended to encourage the expansion of downtown between Burlington
and Court Street from Gilbert Street west to include the properties on the west side of Clinton
Street. The CB-5 zone also extends south along the west side of Gilbert Street (see attached
Near Souths ide map). If the CB-10 zone is expanded there is some logic to limiting it to the area
north of Court Street and not extending it south along Gilbert Street. The area between the west
side of Clinton Street and Gilbert Street north of Court Street is immediately adjacent to downtown.
The City is planning median improvements to Burlington Street that will help direct pedestrian
traffic and improve the aesthetics of the corridor. This will help to bridge the two sides of
Burlington Street and provide a logic extension of downtown.
Are there conditions that should be applied to any areas rezoned to CB-10 to address the
parking and urban design issues identified in the NS Plan? The Near Southside Plan also
discusses the need for a proper balance of parking and dwelling unit density. To address parking
issues the City adopted the Near Souths ide Parking Facility District. Within the CB-5 zone
development is required to pay a fee for 75% of the required parking spaces for residential units.
The fee is to be used to support the creation of public parking facilities. Currently the fee is
$6,119 per parking space and represents less than 1/3 the cost of building a structured parking
space. Because the CB-1 0 zone requires no residential parking, the fee would not normally apply
to areas rezoned to CB-10. To assure adequate parking is provided and to treat development
equitably with CB-5 properties that have paid or will pay the fee, staff recommends that as a
condition of rezoning, any CB-5 properties located south of Burlington Street that are changed to
CB-10, be required to pay the parking impact fee as if they were in the CB-5 zone.
To provide further detail to guide implementation of the NS Plan the City adopted the Near
Southside Design Plan in 1995. The Design Plan's vision for the Downtown Extension area
states: "Redevelopment efforts architecturally mirror the existing Downtown area. New structures
pcd\Staff Reports\rez06-00015 hieronymlJs version 2.doc
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in this district and along Burlington Street reflect the scale, proportion, fa~ade repetition, setbacks,
materials, roof lines, color, signage, awnings, and equipment screening elements of the adjacent
Downtown.... This character can be further enhanced through implementation of design guidelines
and review process to address each of these design elements within the Downtown Extension."
To implement this goal the zoning code requires Site Development Standards for the CB-5 and
CB-10 zones. Particular attention is focused on street-level building facades in order to prevent
fortress-like facades, monotonous streetscapes, and to enhance public safety by providing
opportunities for surveillance of the street from the interior of buildings. The code also requires a
10-foot setback from the right-of-way line for the first story of buildings that abut Burlington Street.
Building columns supporting upper stories may be located within this 10-foot setback, provided
that an adequate pedestrian passageway is maintained. This is to provide more space for
pedestrian movement, and the placement of amenities within and adjacent to the right-of-way to
provide a buffer between vehicular traffic and pedestrians along Burlington Street.
The applicant has submitted a concept plan showing how they plan to comply with the
requirements of the code. The Commission should consider whether the proposed design meets
the City's vision: whether it is acceptable as presented or whether the Commission would like to
recommend revisions.
Traffic Implications: Burlington Street, an arterial street, is one of the highest volume streets in
Iowa City. Based on the arterial street access control policy, this property will have restricted
access on Burlington Street. The NS Plan recommends implementation of a traffic circulation
pattern and control measures that emphasize pedestrian movement-accessibility and safety-
over automobiles. These measures include maintaining two-lane streets with minimum lane
widths, on-street parking, and maintaining minimum curb-radii. The plan recognizes that
maintaining traffic-carrying efficiency of Burlington Street is necessary while providing a
convenient pedestrian corridor from the Near Southside Neighborhood to the downtown area.
The concept plan submitted by the applicant indicates that a vehicular entrance using the existing
east-west alley from Clinton Street will provide access to an approximately 100 space below grade
parking area. This alley will be connected to the mid-block north-south alley to connect with Court
Street and Burlington Street. The access point on Burlington Street is a right turn 'Exit Only'. The
Transportation Planning Division finds that the proposed traffic circulation plan including the limited
access to Burlington Street is acceptable.
As discussed above the City is planning a landscaped median in Burlington Street to provide for
safer pedestrian and vehicular traffic in this area. There are also plans to reconstruct the Clinton
Street leg of this intersection to improve the alignment of turning lanes.
Infrastructure Needs: To accommodate further development in this vicinity sanitary sewer
upgrades are necessary. These improvements are required whether or not this proposed
rezoning and development are approved and the City will be installing them.
Summary: The requested rezoning requires a change in the current policy of creating a step
down from a more intensely developed downtown (CB-10) to a downtown extension (CB-5)
between Burlington and Court Streets. Staff believes that there is some merit to encouraging
more intense development along both sides of Burlington Street to provide an opportunity for
mixed use development including high-rise residential uses. The market for such development
would be better developed here rather than in the core of downtown where a desirable mix, scale
and streetscape are already in place and should be preserved. The Commission must first
consider these policy questions before considering the details of the proposed rezoning. If the
Commission decides to recommend a change in policy, it should then consider the details of the
proposed Hieronymus Square and whether conditions regarding building design and parking
requirements should be included in the rezoning ~pproval.
pcd\Statr Reports\rez06-00015 hieronymus version 2.doc
5
STAFF RECOMMENDATION:
Staff recommends that REZ06-00015 an application submitted by Hieronymus Square Associates
for a rezoning of 1.12 acre of property located at 314 & 328 South Clinton Street from Central
Business Support (CB-5) zone to Central Business (CB-10) zone be deferred pending policy
discussions and a decision regarding the Near Souths ide Redevelopment Plan.
ATTACHMENTS:
1. Location Map
2. Near Southside Map
3. Central Business District and Surroundings Map
4. Application materials
Approved by: ~~.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
pcd\Staff Reports\rez06-OO015 hieronymus version 2.doc
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OWA AVE.
CENTRAL BUSINESS DISTRICT AND SURROUNDINGS
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Application for Rezoning
Hieronymus Square
7/14/06
Applicant's Statement
Hieronymus Square Associates is requesting the rezoning of the property at 314 and 328 Clinton
St. to be rezoned from CB-5 to CB-I O.
The purpose of the rezoning is to allow a higher density of development that is a logical and
orderly expansion of the Central Business District. The proposed development will be a 285,350
square foot, 13-story mixed-use development including pedestrian-oriented retail on the first
floor and office space on the second and third floors. Residential condominium development
will occur above the. third floor. Off-street loading and private parking will be provided below
the first floor accessed from the alley. An interior pedestrian plaza will be located at the corner
of Clinton and Burlington with an open courtyard at the interior of the lot. The open courtyard
will have a motor court on the north end for drop-off and deliveries and a landscaped area on the
south end with screening for service related functions such as dumpsters, transformers, etc.
The development is compatible with surrounding development. It will match the scale and
density of Plaza Towers and the Sheraton Hotel one block away and proposed development
located across Burlington Street.
Located adjacent to the new city parking ramp, there is adequate off-street parking to supplement
the underground parking of approximately 100 cars. Additional traffic generated by the
development is not expected to have a major impact Burlington St.
The project will enhance the values for surrounding properties by creating an attractive urban
environment attracting more people to live downtown and generating more business. The
estimated construction cost is approximately 40 million dollars.
Attached are diagrammatic plans, elevations, and perspective views of the project.
Hieronymus Square Associates
328 South Clinton St.
Iowa City, Iowa 52240
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HIERONYMUS SQUARE
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HIERONYMUS SQUARE
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HIERONYMUS SQUARE
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CITY OF IOWA CITY
MEMORANDUM
Date:
July 28, 2006
From:
Planning and Zoning Commission
Robert Miklo, Senior Planner
To:
Re:
REZ06-00015 Hieronymus Square
The Commission has come to a consensus to recommend that CB-10 zoning be considered for the
Hieronymus properly south of Burlington Street. Justifications for this change in policy include the
provision of additional CB-10 areas that may help direct the market for high-rise development away
from the historic downtown core to an area of underutilized land and encourage a diversity of
housing types in the downtown while at the same providing for areas of commercial growth on the
lower floors of new buildings. This change in policy has implications for the core of downtown as
well as the Near Southside and raises questions regarding appropriate floor area ratio (FAR),
maximum building height, open space, urban design and parking. Rather than delay consideration
of rezoning requests for individual properties while a detailed study is prepared for downtown and
the downtown extension into the Near Southside, staff recommends that any rezoning to CB-10 be
subject to a Conditional Zoning Agreement and concept plan specifying the general design of the
building, mix of uses, amount of parking to be provided on site, fees to be paid to the parking impact
fund and any other issues pertinent to the project. This will provide the City some reassurance that
the increase in development rights will be implemented in manner consistent with presented plans
and the community's vision for downtown.
Comprehensive Plan: Both the Near Southside Redevelopment Plan and the Near Southside
Design Plan are elements of the Comprehensive Plan. Because the Near Souths ide Plan
specifically indicates that the CB-5 zone is the appropriate zoning for the downtown extension, it is
necessary to amend the document to provide for consideration of the CB-10 zone in the area prior to
or in conjunction with the requested rezoning.
Urban Design: The Near Southside Design Plan also has specific language regarding a vision for
the downtown extension. The Plan states that, "Redevelopment efforts architecturally mirror the
existing Downtown area. New structures in this district and along Burlington Street reflect the scale,
proportion, facade repetition, setbacks, material, roof lines, color, signage, awnings, and equipment
screening elements of the adjacent Downtown and initially the CB-5 design standards." The
proposal appears to be quite different than the general character of most buildings located
downtown in terms of scale, bulk and material. This is not necessarily a negative; the Plan was
adopted 11 years ago and there have been some changes such as Plaza Towers, not contemplated
in 1995. If the project is to be approved as submitted then language of the Near Southside Design
plan regarding new projects "mirroring" the existing downtown should be amended. If the
Commission is satisfied with the design concept as presented, then approval is appropriate. If the
Commission has concerns about aspects of the design, those concerns should be clearly articulated
to allow the applicant to respond.
Although not necessarily a concern with Hieronymus Square, as the City reviews other requests for
rezoning to CB-10, consideration should be given to protecting views sheds - such as the view of
the Johnson County Court House and the Old Capitol.
Parking: The Comprehensive Plan notes that some downtown merchants and business owners feel
the residential population burdens the parking system in the district to the detriment of the
businesses. The Plan discusses the need to establish a clear policy for housing, parking and
redevelopment in the Downtown Planning District which encompasses the downtown core and the
July 28, 2006
Page 2
Near Southside as well as adjacent areas. When the City completed its study of the
redevelopment potential in the Near Southside, several measures were taken to balance the
demand and supply of parking for new commercial and residential development in this area.
The CB-5 zone parking regulations and the Near Southside Parking Facility District were
created specifically to address these issues.
With regard to parking for commercial uses, the CB-5 zone creates an incentive for new
commercial development by eliminating the requirement for private, off-street parking for
commercial uses and setting a maximum on the amount of private parking that can be placed
on individual properties. The policy is that parking, particularly short term parking for visitors
and customers of businesses in the area can and should be accommodated in centralized
parking facilities, thus discouraging use of valuable downtown land for individual surface parking
lots.
The Near Souths ide Redevelopment Plan also anticipates new development of higher density
housing in this area and acknowledges it as important to employment and business
development downtown. However, residential parking demand is fundamentally different than
the demand for short term commercial parking. Therefore, the policies and regulations were set
up to make sure that any new residential development pays its fair share of demand on City
parking facilities. The Near Souths ide Parking Facility District was created to ensure that new
residential development bears a proportionate share of the cost of building the centralized city
parking facilities necessary to accommodate the resulting increased demand for off-street
parking created by new residential development located in the area bounded by Burlington
Street on the north, Gilbert Street on the east, the Iowa Interstate Railway on the south and
Madison Street on the west. The fee is based on the number of parking spaces required for
residential uses.
Every zoning district in the City contains parking requirements for residential uses, except the
CB-10 zone. When the Near Southside Parking Facility District was established, CB-10 zoning
was not anticipated in this area. CB-10 zoning was reserved for the already developed areas
downtown that until recently have not experienced much residential development. Establishing
CB-10 zoning in areas where there is the potential for large numbers of apartments to be built is
likely to upset the balance created between parking for residents and parking for businesses.
Residential development will essentially be given a free ride. No parking will be required, nor
will any fees be paid to help pay for new city parking facilities, yet the demand for parking
spaces for residents will not go away and will be in direct competition with short term parking
demand for visitors and business customers. In fact, this loophole in the regulations may be so
valuable as to create an incentive for developers to request CB-10 zoning merely to avoid
constructing on-site parking or contributing fees toward construction of centralized parking
facilities for new buildings that are largely residential.
Until the impact of CB-10 zoning on the supply and demand for parking within the Near
Southside can be fully examined and appropriate requirements established, staff recommends
the following for any areas rezoned to CB-10 within the Near Southside Parking Facility District:
1) a parking requirement be imposed for residential uses equal to what is required in the CB-5
zone, 2) to satisfy this requirement, the developer provide parking in below grade parking
facilities within the building and 3) for any parking spaces that cannot be provided on-site in
below grade facilities, fees must be paid into the Parking Facility District Impact Fee Fund.
A request was made for a copy of the Parking Impact Fee Annual Report. A copy is attached.
Open Space: The Near Southside Redevelopment Plan notes that as areas redevelop pockets of
passive open space and greenways will be considered in redevelopment plans. Hieronymus Square
does include an interior court yard that may serve as open space for the building's tenants. Staff
has asked the applicant to provide more detail on how this area will be developed and landscaped.
A base level of open space improvement requirements could be included in the Conditional Zoning
Agreement.
July 28, 2006
Page 3
Traffic: Jeff Davidson, Transportation Planner, will attend the Commission's informal meeting on
July 31 to discuss traffic issues.
Conditional Zoning Agreement: Staff has had preliminary discussions with the applicant regarding
conditions to be included in a CZA. These include:
A requirement for a minimum of one floor of commercial development above the ground
floor.
A minimum of 100 residential parking spaces to be provided below grade.
Payment of parking impact fees for residential units for which on-site parking is not provided
based on the CB-5 residential parking requirements.
A maximum of 200 residential units with a mix of 1, 2 and 3-beroom units.
No more than 30% of the residential units shall contain 3 bedrooms.
A plan for landscaping of the court yard and service area will be provided. This may include
acceptable alternative concepts for the area.
If there are design concerns these could also be addressed in the CZA.
l ~ !
-~= -14
~Ba;e-':
Date: August5,2005 ","-... ,-IID.'
....~
To: City Council CITY OF IOWA CITY
Stephen Atkins, City Manager 410 East Washington Street
Kevin O'Malley, Director of Finance Iowa City. Iowa 52240-1826
(319) 356-5000
From: Leigh Lewis, Management Analyst (319) 356-5009 FAX
I www.icgov.org
I Re: Parking Impact Fee - Annual Report
,
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I
, City code section 14-9A outlines expenditure and refunding requirements for parking impact fees assessed on developments in the
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I Near Souths ide Neighborhood. A five-year spending requirement states that ''funds not expended or which remain unencumbered by
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I the end of the calendar quarter immediately following five (5) years from the date of the final impact fee payment" shall be considered
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I refundable to individual developers upon written request - if received within 180 calendar days of the end of the five years. (Section
! 14-9A, Ord. No. 97-3806).
The attached spreadsheet provides an accounting of the Parking Impact Restricted Fund from its inception in FY1994 thru June 30,
2005. This information shows what fees have been collected, calculates the five-year deadline for use of these funds (based on the
final payment date), and makes application of purchases made to date in order to determine future spending requirements.
The Parking Impact Restricted Fund balance is $54,190.95 thru June 30, 2005. There are no spending requirements at this time.
Please let me know if you have any questions.
I
cc: Karin Franklin
Joe Fowier
Mitch Behr
Parking Impact Restricted Fund
Use of Funds thru June 30, 2005
In View of the Five-Year Rule
Per Iowa City Code section14-9A-9A, Parking Impact Fees assessed on developments in the Near Southside Neighborhood must be used for 'acquisition
and/or construction of parking facilities in the Near Southside area by the end of the quarter immediatley following five years from receipt. If not utiltized
within this time frame, fees are refundable to individual developers upon written request. The following information applies expenditures from the
Parking Impact Restricted Fund to fee payments in order to determine if this five-year spending requirement is being appropriately met.
Receipts: Expenditures:
I
02/07/94 Carlson, McClure & McWilliams (2,500,Om
Appraisal Services
07/15/94 Rich & Associates~Appraisal (4,579,871
09/01/95 Hertz Appraisal Services (2,50000)
08/31/96 Rich & Assoc- New ramp (2,363.50)
06/30/97 510 S. Capitol Property 188.686.801
Southtown Properties 08/04/93 09/30/98 136,000.00 136,000.00
(Breese Belle Project) 07/01/97 Johnson County Recorder \ 143.20)
H & L Apartments 08/24/93 09/30/98 8,000.00 8,000.00 09/30/97 Johnson County Recorder (41.00)
Fitzpatricks 04/18/94 06/30/99 12,000.00 12.000.00 10/01/97 Johnson County Recorder (17.00)
Kidwell-219 Harrison (1 of 3) 08/01/95 09/30/00 8,000.00 8.000.00 10/03/97 Jacobsen, Glenn D & Pric (103,773,92)
Clark-Burlington St. 02/23/96 03/31/01 22,823.51 22.823.51 04/10/98 Telephone Charges (0.67)
Kidwell.219 Harrison (2 of 3) 08/02/96 09/30/01 8,000.00 8.000.00 03/04/99 Telephone Charges (0.07)
Kidwell-517 S. Linn (1 of 3) 10/10/96 12/31/01 22,824.37 10,782.52 12.041.85 OS/21/99 Iowa Realty Trust (1.000.00)
Revenue use through June 30, 1999: 205,606.03 Total Expenditures thru June 30, 1999: (205,606.03)
Balance from 6/30199: Kidwell/51? S. Linn (1/3) 10/10/96 12/31/01 12,041.85 12,041.85
Hodge Construction 600 Capitol 10/24/96 12/31/01 45,648.75 45,648.75
Kidwell.219 Harrison (3 of 3) 08/21/97 09/30/02 8,000.00 8,000.00 07/29/99 Iowa Realty Trust Account
Kidwell-51? S. Linn (2 of 3) 11/24/97 12/31/02 22,824.37 22,824.37 (Land Acquisition) tI28,7BS,09\
Hodge Construction 600 Capitol (2/3) 03/31/98 03/31/03 45.648.75 40,270.12 5.37863
Revenue use through June 30, 2000: 334,391.12 Total Expenditures thru June 30, 2000: (334,391.12)
- Page 1 of 3 -
Parking Impact Restricted Fund
Use of Funds thru June 30, 2005
Ip View of the Five-Year Rule
Receipts: Expenditures:
Balance from 6130/00: Hodge I 600 Capitaol (2/3) 03/31/98 03/31/03 5,378.63 5.378.63 09/15/00 Jo.Co. Prop.Tax @504 S.Capitol St. (2.892.00,
10/01/00 Jo.Co. Prop.Tax@ 510 S.Capitol (2.936.00}
633 Partners-509 S. linn-Jim Clark (1/3) 06/03/98 06/30/05' 1,506.52 449.37 1,057.15 & 7 Harrison
Revenue use through June 30, 2001: 340,219.12 Total Expenditures thru June 30, 2001: (340,219.12)
Balance from 6/30/01: 633 Partners-509 S. Linn-Jir 06/03/98 06/30/05' 1.057.15 1,057.15 09/15/01 Jo.Co. Prop.Tax@504 S.Capitol St. (3.294.00';
09/15/01 Jo.Co. Prop.Tax@510 S.Capitol St. (1,310.00)
Kldwell-517 S. Linn (3/3) 11/13/98 12/31/03 22.824.38 5.220.85 17.60353 09/15/01 Jo.Co. Prop,Tax@ 7 Harrison St. ( 1.674.001
Revenue use through June 30, 2002: 346,497.12 Total Expenditures thru June 30, 2002: (346,497.12)
Balance from 6/30/02: Kidwell-51? S. Linn (2/3) 11/13/98 12/31/03 17,603.53 6.782.00 10,821.53 09/15/02 Jo.Co. Prop.Tax@ 504 S.Capitol St. (3.510.00\
09/15/02 Jo.Co. Prop.Tax@ 510 S.Capitol St. (1,540.00)
09/15/02 Jo.Co. Prop.Tax@ ? Harrison St. {1,732.001
Revenue use through June 30, 2003: 353.279.12 Total Expenditures thru June 30, 2003: (353,279.12)
Balance from 6/30/03: Kidwell-51? S. Linn (2/3) 11/13/98 12/31/03 10,821.53 10.821.53 08/15/03 Jo.Co. Prop.Tax@ 504 S.Capitol St. (3,740.00)
08/15/03 Jo.Co. Prop.Tax@ 510 S.Capitol St. (1594.001
Clark-Burlington St. (2/3) 03/04/99 03/31/04 22,823.51 22,823.51 08/15/03 Jo.Co. Prop.Tax@ ? Harrison St. 11.794.00)
Hodge Construction 600 Capitol (3/3) 04/06/99 06/30/04 45.648.74 45.648.74 03/30/04 Transfer to CIP#36960 i300.0CO.OO)
633 Partners-SOg S. Linn-Jim Clark (2/3) OS/24/99 06/30/05' 1,506.52 1,506.52
633 Partners-SOg S. Linn-Jim Clark (3/3) OS/24/00 06/30/05' 1,506.52 1,506.52
Grandview Court Apts. (1/3) 08/21/00 09/30/01' 82,498.35 82,498.35
College Town Partner - Clark (1/3) 10/25/00 12/31/01' 7,932.50 7,932.50
Grandview Court Apts. (2/3) 08/21/01 09/30/01' 82,498.35 82,498.35
College Town Partner - Clark (2/3) 11/01/01 12/31/01' 7,932.50 7,932.50
Grandview Court Apts. (3/3) 08/20/02 09/30/01' 82,498.34 43,959.48 38.538.86
Revenue use through June 30, 2004: 660,407.12 Total Expenditures thru June 30, 2004: (660,407.12)
- Page 2 of 3 -
Parking Impact Restricted Fund
Use of Funds thru June 30, 2005
In View of the Five-Year Rule
Receipts: Expenditures:
Balance from 6/30/04: Grandview Court Apts. (3/3) 08/20/02 09/30/0r 38,538.86 38,538.86
College Town Partner - Clark (3/3) 10/30/02 12/31/0r 7,932.50 7,932.50 09/08/04 Jo.Co. Prop.Tax@ 504 S.Capitol St. (3.952.00)
Clark-Burlington St. (3/3) 02/12/03 3/31/08- 22,823.51 22.823.51 09/08/04 Jo.Co. Prop.Tax@ 510 S.Capitol St. i,1,544.00;
400 South Dubuque St. (1/3) 10/21/03 n/a 24,800.48 24.800.48 09/08/04 Jo.Co. Prop.Tax@ 7 Harrison St. (1 J2400i
512 South Dubuque St. (1/3) 01/12/04 n/a 21,257.56 13,12465 8,132.91 06/30/05 Transfer to CIP#36960 (100.000,00)
400 South Dubuque St. (2/3) 11/12/04 n/a 24.800.48 24,800.48
512 South Dubuque St. (2/3) 01/14/05 n/a 21.257.56 21.257.56
Total revenue from Parking Impact Fees
thru June 30, 2005: 821,818.07 767.627.12 54,190.95 Total Expenditures thru June 30, 2005: (767.627.12)
. Ordinance number 97-3806 amended the language of Section 14-9A, specifYing that funds which remain unencumbered "following five years from
the date of the final impact fee payment..." be subject to refunding; inserting the word 'final'. This understanding has been applied to fee payments
initiated after the ordinance was signed on 08/26/97.
I - Page 3 of 3 -
From: Wilson, Larry T
Sent: Thursday, July 27, 2006 9:19 AM
To: Karin Franklin
Cc: Bob Miklo
Subject: Hieronymus Building Proposed at Burlington and Clinton
Hi Karin--
At the last Business Exchange meeting, you had asked if anyone had comments about the new
Hieronymus building at the SE corner of Burlington and Clinton streets. At the time, I had not
seen a rendering of the building. Apparently it was in the Press-Citizen while I was on vacation
when I had stopped the paper. I normally would not comment on development in that area,
but this building relates strongly to the Burlington streetscape about which I had sent a letter to
you and the City Council in June advocating expanding the Burlington median project to include
the rest of the streetscape. By the way, I never did hear if the letter was received or not, but I
presume it was.
I don't have a picture of the Hieronymus building in front of me, but my comments are not as
much about its architecture as it is about the community impact. I do not object to having some
higher rise buildings along Burlington because I think that will give it some streetscape
consistency on both sides. For me, the natural visual break, or step-down in building height,
would be in the future buildings behind those fronting on Burlington, which I think would
appropriately be at the lower CB-5 zoning height (about 45 ft, I think). Having said that, I
don't think Burlington should be lined entirely on both sides with 13 or so story buildings either--I
don't think this amount of building massing entirely along both sides of Burlington is Iowa City--in
other more densely developed cities I wouldn't mind it at all.
My view is that if the zoning is changed for the taller Hieronymus building, changes should
be required for the community streetscape benefit (separate from responsibility for providing
parking). The building should be required to have additional setback. First, it should be set back
enough to allow for street tree planting--although some street trees are implied in the
rendering, there doesn't seem to be adequate space for reasonable longevity of the trees (this
should apply to any new buildings along Burlington). An entrance streetscape plaza would also
greatly contribute to the Burlington streetscape by providing a break in the streetscape linearity
and a pedestrian oriented space. In addition, the building should be set back further to
compensate for its additional mass, by setting the entire building back further or by setting back at
least that portion above the CB-5 height. That would make the additional height acceptable and
more in character with Iowa City in my view. I refer to the Moen building (Hotel Vetro) on Linn St.
Although it is also in the 13-story height realm, it does not have an overpowering affect on
the Linn streetscape/viewscape because the upper floors are set back from the street. I think
these setback techniques should be applied to at least some of the future buildings along
Burlington. In addition, the City should require contribution to open space along Burlington (not
developed parcels) that would provide periodic breaks in the building mass, much like on the
north side of Iowa Avenue at the Biology courtyard and in front of Van Allen.
Also, the cylindrical form on the NW corner of the Hieronymus building would jut into the
streetscape of Burlington and interject its presence way too much on the viewshed of the street,
especially as viewed from further west along Burlington. While I am sure this is a feature the
developers would want, It should be pulled back from the street and street viewshed for the
community benefit.
Anyway, that is my take.
Larry
I ~ 1
=~=-_IO...
t~~~!:'"y.
-..;:.... "IID'~
....... ...
CITY OF IOWA CITY
MEMORANDUM
Date: August 2, 2006
To:
Planning and Zoning Commission
1<<
From:
Jeff Davidson, Dept. of Planning & Community Development
Re: Discussion of CB-10 parking issues
Bob Miklo indicated after I left your meeting on July 31 that there were a couple of issues
discussed on which you would like additional information.
1. Existing utilization of the Court Street Transportation Center parking facility and the
prospects for dealing with parking generated by the proposed Hieronymus Square
Development.
The Court Street Transportation Center includes 600 parking spaces. 70% of the spaces are
dedicated to permit parking, which is currently sold out. The remaining 30% (180 spaces)
are reserved for short-term parking. Utilization of the short-term spaces is relatively low at
the current time, but expected to increase as additional redevelopment of the area occurs. In
discussions with the Hieronymus Square Developers, they have been promised 100 permit
spaces would be made available to them. These spaces will be created through attrition
over the next three years. The developer would be required to purchase these permits at the
regular rate. There has been no contact with the developers of the Rebel Plaza parcel, but it
is likely they would be offered a similar arrangement.
2. There was discussion at the meeting that a parking impact fee is not needed for the CB-1Q
zone because the City's existing parking system generates surplus funds.
The City's parking system currently generates around $200,000 annually in surplus funds.
With the parking system aging and the two original ramps (Capitol Street and Dubuque
Street) exceeding 25 years of age, there are several major maintenance projects pending
which will consume this surplus and could result in a deficit for the system under the current
rate structure. Innovative financing sources, such as the proposed parking impact fee, are
needed to ensure the ability of the City to construct future capital facilities for the parking
system. The recently completed Court Street Transportation Center cost $13.5 million to
build. Even if the $200,000 surplus were made available to the parking fund, it would not go
far in terms of future capital facilities.
It should also be noted that stand-alone parking structures do not generate surplus revenue
based on the current rate system. They are "subsidized" by the surface lot and on-street
parking system.
Let me know if you need any further information for your deliberations.
cc: Joe Fowler
Chris O'Brien
Karin Franklin
Bob Miklo
ppdadmlmem/CB-10par1dng.doc
rll
Office of the
Johnson County Attorney
Criminal
Johnson County Courthouse. 417 South Clinton Street. P.O. Box 2450 . Iowa City, IA 52244-2450
Phone (319) 339-6100. Fax (319) 339-6149
AnneM,Lahey
David V. Tiffany
Deborah Farmer Minot
Michael D. Brennan
M. VicloriaCole
Iris Frosl
Meredith Rich-Chappell
Rachel Zimmermann Smith
J. Patrick White
County Attorney
Civil-Juvenile
August 1, 2006
JanetM.lyness
Andrew B. Chappell
Elizabeth A. Beglin
KristinL. Parks
Child Support
Karin Franklin
Dept. of Planning & Community Development
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Patricia A. Weir
1-(888) 229-9223
RE: University View Partners
Dear Karin:
I write to express my interest in the proposed rezoning to
CB-lO of the property directly north of the Courthouse.
The Johnson County Courthouse, completed and dedicated in
1901, is locally second only to the Old Capitol in historical and
architectural significance. A proposal to move a portion of the
block north of us from Central Business Support to the Central
Business Zone itself raises our level of nervousness.
The federal use across the street to the east was quite
compatible with the preservation of the Courthouse as a point of
significance. I'm much less comfortable with the more compact
zoning proposed and a more intense or dense development.
The rezoning application itself is devoid of any specificity
of proposed development so it is premature to be more specific in
concern or objection. Suffice it to say at this point that any
proposal to bring the Central Business Zone south of Burlington
toward the Courthouse needs to be done carefully and thoughtfully--
and preservation of the Courthouse as an architectural and
historical site needs to be weighed significantly.
Sincerely,
\)~
J. Patrick White
Johnson County Attorney
!dre
Cy:
University View Partners
Board of Supervisors
o Printed 011 recycled paper with say ink. @
To the Planning Zoning Commission
July 27, 2006
From Pam Michaud
109 S. Johnson St.
Iowa City, IA 52240
I'm a 33 year resident of Iowa City. I was initially drawn to Iowa City by the construction of a state
of the art building. In 1972, I heard the opening broadcast of Hancher Auditorium while living in a
log cabin in Maine. Originally from Chicago, I appreciate great architecture. I arrived in IC after
many structures were removed during Urban Renewal. So in 1994, I nominated my downtown
neighborhood for historic district to preserve homes around College Green Park. I think the
Burlington St. building will complement and enhance the design proposed by the city.
In the last week, several newspaper articles that indicate that:
New elementary school in N. Liberty built with energy conservation
Plans to widen and landscape Burlington St. median
Hodge Construct. has roof top garden planned for River Landing housing.
Also relevant are articles about
Global warming, extreme heat and storms
Mid-America periodically curtailing electricity to the University of Iowa for 6 hours, ICPC 7-20-06
This energy shut down represents a loss of productivity and access to our major employer, the
University of Iowa. The commission can encourage green building which minimizes electrical
consumption. 35 years ago I took a college course on ecology and environmental issues
addressing the global warming we now experience. If all construction since then had been
designed with sustainable energy and minimal impact on natural resources since then, we
wouldn't face such extreme climate changes.
In the last few years, architects and engineers have been certified in such strategies. Leadership
in Energy and Environmental Design (LEED) is national standard for developing high-
performance, sustainable buildings. Iowa City is continually ranking high for quality of life and
cultural opportunities as in July 2006 Money Magazine. We all know IC is way above average
university community and can certainly be above Normal, IL. Attached are examples of other
communities observing a quality of life green building trend and a definition of LEED concept.
Other ideas that make large buildings sustainable, reduce draw, and aid self-sufficient energy
resources:
Timber. from sustainable tree farms (that grow 1 for every tree cut),
Materials for interior can be purchased through Greenbuilders, a construction material firm out of
Chicago.
Photovoltaic solar panels for water heaters, electricity would have huge benefits.
I was impressed with the proposed Burlington and Clinton Sts. Architectural design. Residential
buildings loose energy efficiency when over 6 stories high. However, there are material selections
that can lessen the impact of higher building. The 13 story proposal is at the upper limit of airport
flight path, perhaps an 8 to 11 story version would be a compromise for granting new zoning.
Thank you for considering citizen input.
jJ ~ /fcwXtW/
;ummit Daily News for Breckenridge, Keystone, Copper and Frisco C...
http://www.summitdaily.comlapps/pbcs.dlVartlcle"/ A11J=/2UU()\/~27 /..
~DAILY
&JNEWS
New big box to have a circular sod roof
BY ALLEN BEST
special to the daily
May 27, 2006
AVON _ Two big boxes, Home Depot and Wal-Mart Supercenter, are found along 1-70 in Avon. Both are gussied up but remain
big boxes typical of suburbia.
But next door a new building called Traer Creek Plaza is very different indeed. For starters, it is not a box, but semi-circular.
It will also have a sod roof. The sod roof will be planted with 17 species of sedum sod, plants that are more like a bean sprout than
grass. Colors will change from rust brown to yellow, orange, and green before returning to brown in fall. A drip irrigation system
is to be installed.
Why sod? In addition to the changing colors, says Erik Peterson, a vice president for construction at Traer Creek, the sod roof
prevents stonn water from being polluted as it drains, decreases air conditioning costs, has a longer life than a conventional roof.
creates habitat for insects, and increases oxygen.
Even more unusual, the building has no interior columns, but will have what the Vail Daily likens to archers' bows, creating a
curved roof that is flexible, capable of moving in any direction.
Peterson said the building is among the most unusual structures in the West. "I fully expect it to win awards," he said.
The developer is planning to seek certification under the LEED (Leadership in Energy and Environmental Design) prognun.
Emerging islands of blue in the sea of red
JACKSON HOLE, Wyo. - The election of 2004 showed a remarkable voting trend across the Rocky Mountains. Virtually without
exception, the ski towns and resort valleys voted fur John Kerry, the Democratic candidate for U.S. president, making them
islands of blue in the ocean of Republican red that defines the rural Rocky Mountain West.
Some of these islands were by no means surprising. Aspen's Pitkin County and Telluride's San Miguel County have long been
unshakably Democratic. Others began shifting in the 199Os. Vail's Eagle County in 1992 ended its Republican habits by voting for
Bill Clinton. So did Jackson Hole's Teton County, which had been so stubbornly Republican that it had voted for Barry Goldwater
in 1964.
In 2004, a host of other traditionally Republican counties - Steamboat's Routt County and Winter Park's Grand County among
them - also went Democratic.
What is counterintuitive about this shift toward more liberal, more Democmtic politicians is that the ski towns have become more
wealthy places during this time. Instead of being driven by tourism, they have become amenity-rich lifestyle havens. We tend to
think of higher incomes being more Republican, but that's not the story here.
Continuing to probe these changes is Jackson Hole's Jonathan Schechter, who heads something called the Charture Institute. He
further correlates Democratic voting trends and the real estate wealth that defines the resort valleys.
From 1990 to 2004, the median value of homes in the United States rose $40,~OO, he reports. But in 10 upper-crust counties, he
says, the median value increased by $162,000. Two of these counties were on the East Coast: New York City and Massachusetts's
Nantucket Island.
of2
7/26/2006 4:4g PM
;ummit Daily News for Breckenridge, Keystone, Copper and Frisco C...
http://www.summitdaily.comlapps/pbcs.dll/article? AID~/20060527 I.
The other eight counties, says Schechter, were all in the Rocky Mountains. Of them, five were in Colorado: Pitkin
(Aspen/Snowmass); Eagle (Vail, Beaver Creek); San Miguel (Telluride), Summit (Breckenridge, Keystone, Copper); and Routt
(Steamboat). Also in the top 10 were: Wyoming's Teton County (Jackson Hole), and Utah's Summit County (Park City). Just
outside the top 10 was Idaho's Blaine County (Ketchum/Sun Valley).
Green building debuts in Park City bedroom
HEBER CITY. Utah - So-called green building practices are, if still not commonplace, increasingly frequent in the ski towns and
other outlying mountain towns in the West. A case in point is Heber City, a bedroom community for Park City.
There, a new 12,OOO-square-foot office building uses several technologies and techniques to reduce the heating and lighting bill -
and, as such, cause less air pollution and greenhouse gas emissions.
For example, explains The Park Record, a ground-source heat pump system was installed at an extra cost of $45,000 to $50,000; it
draws on the earth's temperature of 56 degrees to provide heat in winter and cooling in summer. The principle is much the same as
that of a refrigerator. The building's planners expect to recoup the up-front costs within five years 85 a result of lower utBity bills.
Passive solar is also in place. Windows will allow maximum solar in winter and minimal solar in summer. Interior lighting is
sunlight-sensitive, so that the lights will dim and brighten as needed.
A green building council is being planned to provi4e public education on green building. The Park City Home Builders
Association is deeply involved in this. as are several governments.
Second homes now are 12 percent of all national sales
W ASlllNGTON D.C. - Are you under the impression that only ski towns and resort valleys have second-home owners? Think
again.
The National Association nfRealtors reports that vacation properties accounted for 12 percent of all homes sold last year, and 28
percent of homes were bought for investment purposes.
Typical vacation buyers last year were 52 years old, earned $82,800, and purchased a property that was a median of 197 miles
from their primary homes. This profile differed from that of investment homebuyers in just one key respect: investment homes
were likely to be close to the original home.
USA Today explains that this rally in vacation and investment homes began in 1997, when Congress changed the tax code,
allowing most homeowners to duck capital gains taxes when selling their homes. The exemption is $500,000 for married couples,
$250,000 for singles, if it was their primary residence for two of the previous five years.
Before. explains the newspaper. the only way to avoid the tax was to use the gained equity to buy another one of equal or greater
value. But now, they can downsize and use the money instead to buy a second home.
Something else is also going on. Many baby boomers are entering their peak earning years. The most active buyers of vacation
and investment homes are people in their 50s. Currently. there are 36 million people in that age bmcket. However, with 45 million
people in their 40s, the market is expected to remain strong for a long time, says David Lereah, the chief economist for the
Realtors. -.
However, Lereah believes the vacation- and investment-home buying binge will drop to 30 percent or less of all home sales, as
compared to the current 40 percent. He cites higher interest rates, higher lending standards, and slower price appreciation.
BACK ...
of2
7/26/20064:48 PM
Home page for city of Normal, Illinois
July 19,2006
LEED Certification
LEED Concept
The Town is including cutting-edge environmental standards in the creation of new buildings
and other construction downtown. Our approach is to follow the LEED (Leadership in Energyl
Environmental Design) standards. Our plans and the classification of the Children's
Discoverv Museum as LEED Certified Silver have gained statewide recognition and have the
potential to be nationally known.
Green standards and LEED standards are approaches to new construction and renovation
that emphasize attention to individuals' health while in the buildings, high performance
standards for the buildings' heating, air conditioning and ventilating systems, and techniques
to use other strategies to add to the appearance of individual buildings and the downtown
streetscape in general. Concepts that will be considered in the downtown redevelopment
planning include, uniform lighting, roof top gardens, use of energy efficient materials, and
recycling of building materials.
By adopting LEED standards, building owners will save money on heating and cooling costs
and become eligible for various grants and tax credits. In addition, the Town may provide
other incentives for reaching various milestones of LEED standards. For information on LEED
standards or to see how to make a building LEED compliant, visit the U.S. Green Building
Council website at
http://www. usqbc.orq/LEED.
I ~ I
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CITY OF IOWA CITY
MEMORANDUM
Date:
August 11, 2006
To:
From:
Planning and Zoning Commission
Re:
Robert Miklo, Senior Planner
REZ06-00015 Hieronymus Square
Comprehensive Plan: The Near Southside Plan indicates that the CB-5 zone is the appropriate
zoning for the downtown extension. It is necessary to amend the document to provide for
consideration of the CB-10 zone in the area. Justifications for this change in policy include the
provision of additional CB-10 areas that may help direct the market for high-rise development
away from the historic downtown core to an area of underutilized land and encourage a diversity
of housing types in the downtown while at the same providing for areas of commercial growth
on the lower floors of new buildings. Staff recommends that page 23 of the Near Southside
Design Plan be amended to strike the sentence, "CB-5 would remain the preferred zoning is this
district." and replace it with, "CB-10 zoning is appropriate provided that adequate parking and
pedestrian connections to the portion of downtown located north of Burlington Street are
provided. Otherwise CB-5 or PRM zoning are appropriate in this district."
Parking: The Commission discussed the rationale for the parking impact fee as it applies to
this area. Please refer to the attached title page of the Parking Facility Impact Fee Ordinance.
Staff believes that the ordinance provides a clear rationale for applying the parking impact fee to
residential development located in the Near Southside regardless whether property is zoned
CB-5 or CB-10.
The Comprehensive Plan notes that some downtown merchants and business owners feel the
residential population burdens the parking system in the district to the detriment of the
businesses. The Plan discusses the need to establish a clear policy for housing, parking and
redevelopment in the Downtown Planning District which encompasses the downtown core and
the Near Southside as well as adjacent areas. When the City completed its study of the
redevelopment potential in the Near Souths ide, several measures were taken to balance the
demand and supply of parking for new commercial and residential development in this area.
The Near Southside Parking Facility District was created specifically to address these issues.
The Near Southside Redevelopment Plan anticipates new development of higher density
housing in this area and acknowledges it as important to employment and business
development downtown. However, residential parking demand is fundamentally different than
the demand for short term commercial parking. Therefore, the policies and regulations were set
up to make sure that any new residential development pays its fair share of demand on City
parking facilities. The Near Southside Parking Facility District was created to ensure that new
residential development bears a proportionate share of the cost of building the centralized city
parking facilities necessary to accommodate the resulting increased demand for off-street
parking created by new residential development located in the area bounded by Burlington
Street on the north, Gilbert Street on the east, the Iowa Interstate Railway on the south and
Madison Street on the west.
At the time the parking impact fee was developed, CB-10 zoning was not contemplated south of
Burlington Street. Given the increase in residential density that can be achieved in the CB-10
zone when compared to the existing CB-5 zone, the parking impact fee is even more necessary
to help address the increased demand for parking.
August 11, 2006
Page 2
The City is planning a second parking facility for construction in the Near Southside so it is likely
that any fees collected will be expended in the next 5 years.
Vacation: The east/west alley located within Block 102 will need to be relocated to the north to
accommodate the construction of Hieronymus Square. This will require the vacation of the
alley and the dedication of replacement right-of-way. An agreement to allow private use of the
space above the alley for portions of the building and space underneath the alley for portions of
the parking facility will also be required.
Setback: The CB-5 and CB-10 zone both require that the ground floor of buildings be set back
10 feet from the Burlington Street property line. Above the ground floor buildings are permitted
to cantilever out to the property line. Because there is approximately only 9 to 10 feet of right-
of-way between the curb and the property line adjacent to the Hieronymus property, there is
insufficient room for street trees along Burlington Street even when the first floor of the building
is set back 10 feet. In most parts of downtown, especially where buildings are taller than 2
stories, the area between the curb and the building is at least 20 feet. If the character of
downtown is to be extended south of the Burlington Street as envisioned by the Comprehensive
Plan, staff believes that approximately a 20-foot space between the curb and the building wall is
necessary even above the ground floor. Therefore as a condition of rezoning, staff
recommends that a 10 foot set back be required for the entire building. Consideration could be
given to allowing lighter building features such as balconies to protrude into the set back above
the tree line (approximately 45 feet or 4 floors). When revisions are made to the CB-10 zone
this setback requirement should be included to provide a uniform streetscape along Burlington
Street.
Open Space: Staff had asked the applicant to provide a concept plan for the how the court
yard and service area will be developed and landscaped. The applicant has not yet provided
such a plan. In absence of a plan, staff recommends that a base level of open space
improvement requirements be included in the Conditional Zoning Agreement.
STAFF RECOMMENDATION:
Staff recommends that the Near Southside Design Plan, an element of the Comprehensive
Plan, be amended by striking the sentence on page 23, "CB-5 would remain the preferred
zoning is this district." and replacing it with, "CB-10 zoning is appropriate provided that
adequate parking and pedestrian connections to the portion of downtown located north of
Burlington Street are provided. Otherwise CB-5 or PRM zoning are appropriate in this district."
Staff Recommends that REZ06-00015NAC06-00005 an application submitted by Hieronymus
Square Associates for a rezoning of 1.12 acres of property located at 314 & 328 South Clinton
Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the
vacation of the east/west alley in block 102 to be approved subject to a Conditional Zoning
Agreement addressing following conditions:
A requirement for a minimum of one floor of commercial development above the ground
floor.
A minimum of 80 residential parking spaces to be provided below grade.
Payment of parking impact fees for residential units for which on-site parking is not
provided based on the CB-5 residential parking requirements.
The property shall contain a maximum of 200 residential units with a mix of 1, 2 and 3-
be room units.
No more than 30% of the residential units shall contain 3 bedrooms.
August 11, 2006
Page 3
The building shall be a minimum height of 7 stories.
There shall be a 10-foot building setback from the Burlington Street right-of-way.
Right-of-way shall be dedicated to the City to provide public alley circulation through
Block 102 as determined adequate by the City.
A plan for landscaping of the court yard area will be prepared by the applicant and
approved by the design review committee. The plan shall include a central feature such
as a fountain, reflecting pool or a public art element, public seating areas, landscaping
beds or large planters. A minimum of 50 percent of the paving surface shall consist of
decorative materials such as clay, concrete or stone pavers. The court yard shall be
screened from the service area.
The Design Review Committee approval will be required for the final design of the
building based on the following:
. The plane of the building at the street-level must be broken into horizontal
modules that give the appearance of smaller, individual storefronts reflective
of the pattern and character found in downtown Iowa City. The applicant
must demonstrate how the proposed street-level fayade meets this
standard.
. Each module must be no greater than 50 feet and no less than 20 feet in
width and must be distinguished from the abutting module(s) by a significant
and visible change in building materials and a variation in the wall plane of at
least 16 inches. Changes in material colors and textures and other
architectural detailing should be used to enhance this effect.
. To create a human-scaled environment that is comfortable and attractive to
pedestrians, awnings and/or canopies must be used to enhance the
storefront modules.
. Pedestrian entrances must be attractive and inviting features along the
street-level and must be architecturally emphasized in a manner that is
reflective of the pattern and character found in downtown Iowa City.
ATTACHMENT:
Title Page of the Parking Facility Impact Fee Ordinance
Approved by:
Karin ranklin, Director
Department of Planning and
Community Development
.'---1 "
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ORDINANCE NO. ~3522
AN ORDINANCE TO AMEND CHAPTER 32.1, IOWA CI1Y CODE
OF ORDINANCES, 'TAXAllON AND REVENUES' BY ADOING
ARTIClE VI, PARKING FAClUTY IMPACT FEE ORDINANCE.
WHEREAS, the CIty halIldOpled the N.... Soulnaklt Nelgh-
borhOOd red8\r8lOpmef'll pI8n to guide the cw.lIIopmenlln the
Nell Southalde NelgllbolhoOd; II1d
WHEREAS, the parking facUlty Impact lee ordlnen<:8 will essl8t
In \Ile Impl8menl8llon 01 the plan, IIld guklt the UN IIld
development 01 land so 8S 10 IaUI1I tIIlII MW rtI8ldentlal
development In \Ile Nell Soutllslde NelgllborhOOd bearS a
proportlonale sIlICe 0I\1le coat 01 capIlaI expendnul1ll --
sary \0 prcMcle parking In the Near SoutIlsIde Nelgllbortlood 01
Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COUN-
CIL OF THE CITY OF IOWA CI1Y, lOW""
SECTION I. AMENDMENT. Th8I Chapter 31.2 01 the Iowa CIty
Code 01 Ordinances Is amended by the IdOplIon 01 the
following new 1II1Ic18:
Article VI. Parking Facility Impact Fee Ordinance
Section 32.1-110. Lealslallve Flndlnas.
The CIty Council of Iowa City, Iowa. finds, determines and
deClares that:
A. Residential development and redevelopment In \Ile
Near Soutllslde NeighbolhoOd wnllout tile provi-
sion of adequate vellicular parking spaces is
contraJy \0 \Ile public interest.
B. n is undesirable to devote s1gniftcanl portions 01
development snes to parking In tile Near Southslde
NeighbOrIlood, since n is In tile public Interest to
develop land now available In tile Nelghborl100d
for more Intensive residential and commercial uses.
C. The City n~ds to expand ns parking facility system
to accommodate new development in order to
ensure adequate parking, and the City Council
recognizes such expansion is necessary to pro-
mote and protect tile public heafth, salety and
weW8I1I.
D. CIty Involvement In tile expansion oI\he parking
facility system is appropriate due \0 the scale and
cost 01 sucll facllnies, and is necessary due to the
anticipated higll level 01 use 01 sucIl a parking
facility by tile general public.
E. The imposnion 01 impact fees Is one 01 the pre-
ferred methodS 01 ensuring thai MW development
belCS a proportionate sIlICe 01 the cost 01 parking
facllnies necessary to accommodate such develop-
ment.
F. New residential development In tile Near Soutllslde
NeighbOrhood will create demand for the construc-
lion of parking facllnles.
G. The fee established in Section 32. 1-114 hereof is
derived from, baSed upon, and does not exceed
tile cost of providing addnional parking facllnies
necessnated by the new residential development
for which the fee Is to be charged.
H. The fee established by this ordinance does not
constnute a tax.
Section 32.1-111. nle. Authorftv and AoDlicabllitv.
A. This ordinance shall be known and may be cned
as \he 'Near Soutllside Neigllbortlood Parking
Facility Impect Fee Ordinance.'
Peo.
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.HIERONYMUS SQUARE
DEVELOPER
· HIERONYMUS SQUARE ASSOCIATES
HODGE CONSTRUCTION COMPANY
HIERONYMUS FAMILY
ARCHITECT
CAL LEWIS
NEUMANN MONSON ARCHITECTS
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Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ06-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Square Associates, L.L.C. (hereinafter "Owner"); and
WHEREAS, the a ner has requested the rezoning of said property from CenlFal Business
Support (CB-5) zone ~entral Business (CB-10) zone; and
WHEREAS, the Planni~ and Zoning Commission has determined th , with appropriate
conditions regarding the mix of uses, residential dwelling density and ype, the provision of
parking spaces and payment parking facility impact fees, building tback, bulk and design,
and landscaping requirements, e requested CB-10 zoning is ap opriate in this location to
allow the extension of downtown; a
ner is the legal title holder of approximately 1.12 acres of property located south
et west of Clinton Street; and
WHEREAS,
of Burlington S
WHEREAS, Iowa Code ~414.5 (200 ity of Iowa City may impose
reasonable conditions on granting an a licant's rezoning equest, over and above existing
regulations, in order to satisfy public needs used by the [ quested change; and
WHEREAS, the Owner acknowledges that cert 'n con Itions and restrictions are reasonable to
ensure the development of the property conform w' the Comprehensive Plans vision for the
development of the Near Souths ide Neighborhood' nd
1. Hieronymus Square Associ es is the legal title holde of the property legally described
as follows:
pr mises contained herein, the parties
WHEREAS, the Owner agrees to develop t
conditions of a conditional zoning agreemen
NOW, THEREFORE, in consideration
agree as follows:
Lot 8, Lot seven 7, and th North one hundred sixty (160) feet 0 e former public alley, all in Block
102, Original Town, low City, Iowa.
The South sixty (60 feet of Lot 6 and the North (forty-four) (44) fee of Lot 5 in Block 102, Original
Town, Iowa City, I a.
2. The Owner knowledges that the City wishes to ensure con rmance to the principles
of the Com rehensive Plan. Further, the parties acknowledg that Iowa Code ~414.5
(2005) pr ides that the City of Iowa City may impose reasonab e conditions on granting
an appli nt's rezoning request, over and above the existing regulations, in order to
satisfy blic needs caused by the requested change, including conditions regarding the
mix of ses, residential dwelling density and type, the proviso n of parking spaces and
paym nt of parking facility impact fees, building setback, bulk and design, and
lands aping requirements. Therefore Owner agrees to certain conditions over and above
City r ulations as detailed below.
ppdadmlagt/rez06-00015 hieronymus cza (5).doc
1
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to the requirements of the zoning
chapter, as well as the following conditions:
a. The building or buildings to be constructed on this property will be a mixed-use
commercial and residential development with a minimum of one floor of commercial
development above the ground floor.
b. The property shall contain a maximum of 200 dwelling units with a mix of 1, 2 and 3-
beroom units.
c. No more than 30% of the dwelling units shall contain 3 bedrooms. Ther shall be no
dwelling units with mor than 3 bedrooms.
d. A minimum of 80 parkl g spaces will be provided in a below gr e parking facility to
serve the residential occup ts of the property.
e. A parking requirement will calculated for all dwelling Its within the development
based on the parking requirem ts of the CB-5 zone, p uant to Title 14, Chapter 5,
Article A, of the Iowa City Code, entitled "Off Street rking and Loading Standards.
Prior to issuance of an occupancy ermit for the buil ng or buildings to be constructed
on the property, payment of parkin facility impa fees will be made to the City for
dwelling units for which on-site parkin is not pro ded. The amount of the fee for each
required parking space not provided on ite sh be computed in the manner set forth in
sections 14-7B-7(C) and 14-7B-7(F) 0 the ity Code. Payment, deposit, use and
refunds of fees shall be governed by sect 14-7B-8, 14-7B-9 and 14-7B-10 of the City
Code.
h. The owner shall dedi~te to the City right- -way for an alley or a public access
easement to provide ve}\icular circulation throug Block 102 in lieu of the alley right-of-
way which is being vlltated to allow developmen of this property. The location of the
alley or public acce$$ easement shall be identifie prior to the issuance of a building
permit and establisj:1ed and open to the public prior t an occupancy permit.
f. The building shall be a minimum h . ht of
g. The building shall be set bac~ minimum f 10-foot from the Burlington Street right-
of-way. This 10-foot setback liPplies to the u per floors of the building as well as the
ground floor. .
./
i. The property shall include a landscaped court ya which includes a central feature
such as a f9untain, reflecting pool or a public a element, public seating areas,
landscapingbeds or large planters. A minimum 'of 5 percent of the paving surface of
the court yard shall consist of decorative materials ch as clay, concrete or stone
pavers. .The court yard shall be screened from service reas. A plan for landscaping of
the court yard area demonstrating compliance with thes requirements will be prepared
by the/applicant and approved by the Design Review Co mittee prior to issuance of a
build0g permit.
,
,
j. the design of the development must be approved by the Design Review
ctmittee. The owner must demonstrate to the satisfaction of the Design
ppdadmfagtlrez06..ooo15 hieronymus cza (5).doc
2
Review Committee how the proposed street-level fa~ade will meet the following
standards:
. The plane of the building at the street-level must be broken into vertical
modules that give the appearance of smaller, individual storefronts reflective
of the pattern and character found in downtown Iowa City. Each module
must be no greater than 50 feet and no less than 20 feet in width and must
be distinguished from the abutting module(s) by a significant and visible
change in building materials and a variation in the wall plane of at least 16
inches. Changes i material colors and textures and other architectu I
detailing should be ed to enhance this effect.
. To create a human- aled environment that is comfortable and attr
pedestrians, awning and/or canopies must be used to en
storefront modules.
. Pedestrian entrances
street-level and must
reflective of the pattern
4. The Owner and City acknowl ge that the conditions co ained herein are reasonable
conditions to impose on the and under Iowa Cod ~414.5 (2005), and that said
conditions satisfy public needs t at are caused by the equested zoning change.
ust be attractive and inviting feat s along the
architecturally emphasized in manner that is
d character found in downtown wa City.
5. The Owner and City acknowled that in the ev nt the subject property is transferred,
sold, redeveloped, or subdivided, all redevelo ent will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this ondi' nal Zoning Agreement shall be deemed to be
a covenant running with the land a Ith title to the land, and shall remain in full force
and effect as a covenant with title t he land, unless or until released of record by the
City of Iowa City.
/
The parties further acknowled~ that is agreement shall inure to the benefit of and bind
all successors, representative-s, and a signs of the parties.
/
7. Applicant aCknowled~es hat nothing in this Conditional Zoning Agreement shall be
construed to relieve t Owner or Ap licant from complying with all other applicable
local, state, and feder regulations.
8. The parties agre~hat this Conditiona Zoning Agreement shall be incorporated by
reference into tl')e ordinance rezoning th subject property, and that upon adoption and
publication of ~e ordinance, this agreem nt shall be recorded in the J.ohnson County
Recorder's gtfice at the Applicant's expen .
/
Dated this
day of
Ross Wi urn, Mayor
John Hieronymus, Manager
Hieronymus Square Associates
ppdadmlagUrezOS-QOO15 hieronymus cza (5),doc
3
Attest:
Marian K. Karr, City lerk
Approved by:
CITY OF IOWA CITY ACKN
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Mike Hodge, Manager ~
Hieronymus Square Asso iates
~/~/P&
On this day of , A.D. 20_, before me, the
undersigned, a notary public in and r the St e of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally kno n, w being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of aid municipal corporation executing the within and
foregoing instrument; that the seal affi thereto is the seal of said municipal corporation; that
said instrument was signed and seale n behalf of said municipal corporation by authority of its
City Council; and that the said Ma r nd City Clerk as such officers acknowledged that the
execution of said instrument to be;1he luntary act and deed of said corporation, by it and by
th~ ",""""riI, """"d. /'
/
otary Public in and for the State of Iowa
LIMITED LIABILITY COMPANY ACKNOWLEDG
STATE OF IOWA )
) ss:
JOHNS~N COUNTY )
On this ( day of
Public 7---jn and for the
did say that the person is
ppdadmlagt/rez06-OOO15 hieronymus cza (5).doc
, A.D. 20 , before me, the undersigned, a Notary
State of Iowa, personally appeared
, to me personal known, who being by me duly sworn,
(title) of
, and that said instrument was signed on behalf of the
4
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liabi . y company by it voluntarily executed.
Notary Public in and for the Stat of Iowa
ppdadmlagtfrez06-00015 hieronymus cza (5),doc
5
~
Prepared by: Robert Miklo, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC06-0005)
ORDINANCE NO.
AN ORDINANCE VACATING THE EAST-WEST ALLEY IN BLOCK 102
WHEREAS, the applicant, Hieronymus Square Associates, is proposing the redevelopment of Block 102
located south of Burlington Street and west of Clinton Street; and
WHEREAS, the proposed redevelopment of this property, known as Hieronymus Square, requires the
relocation of the east-west alley within this block; and
WHEREAS, the applicant has agreed to replace the east-west alley in an appropriate location to connect
to the existing north-south alley to provide for continuous alley circulation within this block; and
WHEREAS, the Planning and Zoning Commission have reviewed this requested alley vacation and have
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The east-west alley located in Block 102 west of Clinton Street is hereby
vacated subject to dedication of an alley right-of-way or a public access easement in a location satisfactory to
the City.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. lf 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 , 20 .
MAYOR
ATTEST:
CITY CLERK
~~~/;fp
ppdadmfordlvacOO..oooS.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES; NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
.Wilbum
First Consideration 9/5/06
Vote for passage; AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage;
Date published
~
Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ06-00010)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 9.53 ACRES OF LAND, LOCATED EAST OF
GILBERT STREET AND WEST OF SANDUSKY DRIVE FROM INTERIM DEVELOPMENT-
RESIDENTIAUHISTORIC DISTRICT OVERLAY (ID-RS/OHDI ZONE TO LOW DENSITY SINGLE-
FAMILY RESIDENTIAUHISTORIC DISTRICT OVERLAY (RS-S/OHDI ZONE
WHEREAS, Don Cochran has applied for a rezoning of approximately 9,53 acres of property from
Interim Development-Single-Family Residential/Historic District Overlay (ID-RS/OHD) zone to Low
Density Single-Family ResidentiallHistoric District Overlay (RS-5/0HD) zone; and
WHEREAS, said property is located east of South Gilbert Street and west of Sandusky Drive; and
WHEREAS, said property is a local landmark and is commonly know as the McCollister Farmstead;
and
WHEREAS, the South District Plan recognizes the historic significance of the property and identifies
the area as appropriate for low density single-family residential type development; and
WHEREAS, the property contains environmentally sensitive areas and the applicant has provided a
plan delineating the sensitive features and protection measures; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
heard public input; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Interim
Development-Single-Family Residential/Historic District Overlay (ID-RS/OHD) zone to Low Density
Single-Family Residential/Historic District Overlay (RS-5/0HD) zone:
BEGINNING at the Southeast corner of Audito~s Parcel 2004120, Iowa City, Iowa, in accordance with
the Plat thereof Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's
Office; Thence S88037'18"W, along the Southerly line of said Audito~s Parcel 2004120, a distance of
647,55 feet, to the Southwest corner thereof; Thence Northwesterly, 3.40 feet, along the Westerly line
of said Audito~s Parcel 2004120, and an arc of a 5864.50 foot radius curve, concave Southwesterly,
whose 3.40 foot chord bears N29019'27'W; Thence N30029'28'W, along said Westerly line, 90.43
feet, to the Northwest corner thereof; Thence N69030'32"E, along the Northerly line of said Auditor's
Parcel 2004120, a distance of 40.62 feet, to its intersection with the Easterly Right-of-Way line of
Gilbert Street; Thence N30029'28'W, along said Easterly Right-of-Way line, 518.18 feet, to a point on
the Northerly line of Audito~s Parcel 2004121, Iowa City, Iowa, in accordance with the Plat thereof
Recorded in Book 48, at Page 227, of the Records of the Johnson County Recorder's Office; Thence
N87038'37"E, along said Northerly line, 246.44 feet, to the Northwest corner of the Southeast Quarter
of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence N88036'08"E, along said Northerly line, and the Northerly line of said Audito~s
Parcel 2004120, a distance of 643.71 feet, to the Northeast corner of said Audito~s Parcel 2004120;
Thence S02043'14"E, along the Easterly line of said Auditor's Parcel 2004120, 549,60 feet; Thence
S53041'52"E, along said Easterly line 4.91 feet, to said POINT OF BEGINNING. Said Tract of land
contains 9.53 acres, and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The Building Inspector 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 this ordinance by law.
SECTION III. 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 to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as
provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION V. 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 VI. 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
,2006.
Approved by
g~CZ~
City Attorn s Office
M~>/~
PCD\Staff Reports\ORD\ORD REZ06-00010 McCollisterFannsted.doc
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
First Consideration 9/5/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration
. Vote for passage:
Date published
--_._"._-_.~~~_.._,--.,'-_._---,~._--.._-~------------.--.
To: Planning & Zoning Commission
Item: REZ06-00010/SUB06-00008
McCollister Subdivision
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Public Services:
5C
STAFF REPORT
Prepared by: Sunil T erdalkar
Date: July 20, 2006
Don Cochran
64 Edgewood Circle
Iowa City, IA 52245
(319) 351-7161
Duane Musser
MMS Consultants
1917 S Gilbert Street,
Iowa City, IA 52240
(319) 338-8282
Rezoning from ID-RS/OHD to RS-5/0HD, and
preliminary and final plat
Development of a 2-lot residential subdivision
South Gilbert Street
9.53 acres
Residential, Historic Landmark - ID-RS/OHD
North: Undeveloped - ID-RM
South: Undeveloped, Potential parkland - ID-RM
East: Undeveloped, Residential- OPD-5
West: Park, Public - P1
Low density residential
Wetherby (S1)
July 03, 2006
August 16, 2005
Currently the property uses private septic tank
system. Sanitary and sewer infrastructure will be
extended from the south to serve both lots.
The City will provide Police and fire protection and
refuse and recycling collection services. Transit
2
routes Broadway and Lakeside serve the area. The
nearest stop is approximately a quarter mile away on
Sandusky Drive to the northeast and another stop
on Gilbert Street is about half a mile away on
Southgate Avenue intersection.
BACKGROUND INFORMATION:
The applicant, Don Cochran, is requesting a rezoning from Interim Development - Residential
zone with a Historic District Overlay (ID-RS/OHD) zone to Low Density Single-Family
Residential zone with a Historic District Overlay (RS-5/0HD) for approximately 9.53-acre parcel,
located east of South Gilbert Street, west of Sandusky Drive (commonly known as McCollister
Farmstead). The McCollister Farmstead is listed in the National Register of Historic Places and
it was designated as an Iowa City Historic Landmark in 1996 for its architectural and historic
significance. At the time of annexation, the property was zoned as Interim Development - Multi-
Family Residential (ID-RM). At the request of the applicant the City rezoned the property from
ID-RM to ID-RS and approved a subdivision of two five-acre lots in 2004. In April 2005 the
applicant applied to rezone the property to Low Density Single-Family Residential zone with a
Planned Development Overlay (OPD-5) zone and to further subdivide the property into 8 lots.
The applicant has now decided not to pursue the planned development, but is requesting
approval for a subdivision with only two lots.
ANALYSIS:
Compliance with Comprehensive Plan:
The South Distract Plan aims to achieve a mix of housing types - small apartments,
townhouses located appropriately adjacent to arterial streets, neighborhood commercial
centers, institutional uses, open spaces, and trails with appropriate designs to suit the
surrounding single-family housing. This particular property is part of the River Corridor Area
within the South District.
The Comprehensive Plan recognizes the historic nature of this property and designates it for
low-density residential development. Most of the surrounding area is also identified as
appropriate for low-density residential development. Northeast of the McCollister Farmstead is a
completed low density residential development and to the east is the proposed subdivision of
Sandhill Estates, which is a planned development of single-family lots. The South District Plan
does discuss the possibility of alternative uses of this property to encourage the adaptive reuse
of the historic structure.
Zoninq Analvsis:
Current Zoning:
The current Interim Development-Residential (ID-RS) zoning permits limited development due
to the lack of adequate public utilities. The property also has a Historic District Overlay zone
(OHD). Under the current zoning the property is limited to two five-acre, single-family residential
lots including the existing house.
Proposed Zoning and Subdivision:
The proposed RS-5 zoning allows single-family dwellings on lots of 8,000 square feet. In the
previous submittal the applicant proposed to subdivide the property into 8 lots. The applicant is
now requesting approval for a subdivision involving only two lots-a 3.52-acer lot and a 5.92-acre
lot. The RS-5 zone will allow for a low-density residential development while allowing for
preservation of the sensitive areas and natural areas, the historic McCollister House and the
general character of the farmstead. This rezoning and the subdivision would be compatible with
the public land to the south, which may contain remnants of prairie and a Native American
pcd\staff reports\rez06-00010+sub06~00008 mccollister
----,.._,--_."--_.,._--"~,--"--"----"._--_._.._.~,...,.--
3
Burial site and the proposed residential development to the east. It is also consistent with future
land use scenario of the South District Plan.
Sensitive Areas/Environmental Features:
The Sensitive Areas Ordinance requires that an application of Sensitive Areas Review must be
submitted and approved prior to any development activity on the land where any regulated
sensitive features exist. The Iowa City Sensitive Areas Inventory indicates that the property
contains environmentally sensitive areas such as upland woods and potential wetlands and
some regulated slopes. In a note on the preliminary plat, the applicant has indicated that after
an investigation it was determined that the no jurisdictional wetlands exist on the property.
The applicant has not shown the full extent of proposed development on the property. The
disturbance of the sensitive areas indicated on the plat is primarily a result of the installation of
the sidewalk along Gilbert Street and the necessary infrastructure such as the private drive and
sanitary sewer line extension. The plat indicates that approximately 7.75% (0.10 acres) of the
steep slopes and 25% (0.09 acres) of the critical slopes will be disturbed by the proposed
subdivision. The property contains approximately 3.93 acres of woodland, and groves and other
isolated trees. The Sensitive Areas Ordinance at a minimum, 50% of the woodlands be retained
on properties zoned RS-5. The plat shows that approximately 9.4% (0.37 acres) of area with
woodland land will be disturbed. The plat also shows isolated trees that will be removed to allow
construction of a shared driveway.
The Sensitive Areas Ordinance requires delineating any construction areas, and indicating the
boundaries of all the intended development activities including grading, excavation and storage
of construction materials. The plat does not delineate construction activity. Because the extent
and nature of the future development is unclear, the extent of sensitive areas that will be
disturbed is unknown. Whether a Levell or Level II Sensitive Areas Review is required can only
be decided based on the extent of the disturbance of the sensitive features. Because the
application does not comply with the Sensitive Areas Ordinance Requirements, staff
recommends that the application be deferred until the deficiencies are resolved.
Historic Buildings:
The Historic District Overlay zone requires that the Historic Preservation Commission approve
any exterior alterations to the existing building as well as construction of new buildings on the
property. The McCollister farmstead included the original McCollister farmhouse and a barn with
other outbuildings. The historic house sits on a higher elevation from the street approximately at
the center of the property, with the outbuildings scattered on the otherwise wooded land. The
historic barn was heavily damaged by a wind-storm in 1998. The Historic Preservation
Commission has completed a pre-application review of the applicant's previous proposal. The
Historic Preservation Commission approved demolition of he barn due to its unsafe condition,
provided that the proposed replacement structure be sympathetic and compatible with the
general scale and character of the barn and the historic house. The Historic Preservation
Commission has indicated that an exact replica of the barn would be inappropriate and not
feasible in this location. Only a few remnants of the outbuildings remain on the property and the
applicant proposes to remove them.
The Historic Preservation Commission has indicated subdivision of the property to allow
construction of additional dwellings is acceptable provided that the views of the historic house
from Gilbert Street are preserved and that views from the house towards the river and the
prairie remnants to the south are preserved. The boundary between lots 1 and 2 has been
designed to accomplish this goal. Any further development on lot 2 should be behind the
historic house.
pcd\staff reports\rez06-00010+sub06-00008 mccollister
4
Traffic imDlications:
The property is currently accessible by South Gilbert Street. This proposed rezoning and
development, will not result in a major increase in traffic. Proposed development includes a new
private drive that will be shared by the existing house and the proposed lot. Currently, there is
no sidewalk along the west boundary of this property on Gilbert Street. The applicant is
responsible for extending the sidewalk to the southern boundary of the property.
Neiahborhood parkland or fees in lieu of:
Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to
dedicate 0.224 acres (9,754.44 square feet) of open space or pay fees in lieu of dedication. The
plat has been referred to the Parks and Recreation Commission for comments. The property is
part of the Wetherby Neighborhood Open Space District.
Storm water manaaement:
No development is proposed at this time and the runoff from the proposed two-lot subdivision
would not require a storm water detention/management area. However any future development
on the property will require a review by the City Engineer. The plat shows a potential future storm-
water detention area.
Infrastructure fees:
The applicant is required to pay water main extension fees for each of the lot from the proposed
subdivision at a rate of $395 per lot. The property is subject to additional fees if it is further
subdivided in the future. The applicant is extending sanitary sewer line from the south for the
existing house. This sewer line can be further extended for any future development on the
property in the future. No fee is required for sanitary sewer.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until the requirements of the Sensitive Areas
Ordinance are met and deficiencies and discrepancies noted below are resolved.
Upon resolution of this issue staff recommends that REZ06-00010, a rezoning of approximately
9.53 acres of land, located east of Gilbert Street from Interim Development-Residential/Historic
District Overlay (ID-RS/OHD) zone to Low Density Single-Family Residential/Historic District
Overlay (RS-5/0HD) be approved, and that SUB06-00008, a preliminary plat and final plat for
McCollister Subdivision, a two-lot residential subdivision on approximately 9.53 acres of land
located east of Gilbert Street, be approved subject to staff approval of construction drawings
and legal papers prior to City Council consideration.
DEFICIENCIES AND DISCREPANCIES:
Provide a complete application for Sensitive Areas Review, delineating any construction
areas, indicating the boundaries of all the intended development activities.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Final Plat
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
pcd\staff reports\rez06-0001 O+sub06-ooooa mccollister
I
CITY OF IOWA CITY ~
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SITE LOCATION: McCollister Subdivision REZ06-000010/SUB06-00008
PLAN
PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT
McCOLLISTER SUBDIVISION
IOWA CITY, IOWA
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MWS CONSULTANTS INC.
191"1 SOUTH GILBERT ST.
IOWA CITY, IOWA, 522-40
OIrNKR/!lIlRDlVlDP.:R:
OON ok IDRI COCHRAN
54 EDGE1roOD CIRCLE
IOn CITY, IOWA 52245
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STACY WEBBER
24&0 Gn.BERT STREET
IOWA CITY, IOtA 52245
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Prepared by: Susan Dulek, Ass'!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIES," SECTION 8, ENTITLED "PARKING VIOLATIONS," TO ESTABLISH FINES FOR
LIBRARY PARKING VIOLATIONS.
WHEREAS, Ordinance No. 06-4199, which increased parking fees, inadvertently repealed the provision
for the fines for library parking violations; and
WHEREAS, it is in the best interest of the City to reinstate said fines.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 3, entitled "City Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates,
Charges, Bonds, Fines and Penalties," Section 8, entitled "Parking Violations," is hereby amended to
add the following new fees for violation of the parking spaces designated as "library parking":
Amount of Fee, Charge,
Bond, Fine or Penalty
$10.00
$10.00 first offense
$20.00 second and subsequent offense
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.
Penalties for Library Parking Violations
Library Patron Parking
Library Outside Book Drop Off
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
Approved by
~~ <6" -01 c:;; -0 \0
City Attorney's Office
Suelordreslpkglibordfines.doc
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES; NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 9/5/06
Vote for passage: AY~S: Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn,
Bailey. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
f:J-.
Prepared by: Eric Goers, Assl. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 7, ENTITLED "FIRE PREVENTATION AND PROTECTION,"
CHAPTER 1, ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE
PENALTIES FOR OVERCROWDING.
WHEREAS, City Code section 7-1-1 adopts the International Fire Code; and
WHEREAS, City Code section 7-1-4 sets violations of the chapter as municipal infractions punishable
by penalties set forth in City Code section 1-4-2D; and
WHEREAS, the City wishes to increase the penalties for overcrowding violations under Title 7 to
$750 for a first offense and $1,000 for a second or subsequent offense; 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 CITY, IOWA;
SECTION I. AMENDMENTS.
1. Title 7, entitled "Fire Prevention and Protection', Chapter 1, entitled "Fire Code," Section 4,
entitled "Penalties for Violation," is hereby amended by deleting it in its entirety and replacing it as follows:
Violations of IFC 107.6, Overcrowding, as adopted in this title, shall be punishable as municipal
infractions punishable by a civil penalty of $750 for a first offense and $1,000 for a second or subsequent
offense. All other violations of this chapter shall be municipal infractions punishable by a penalty as
provided in section 1-4-2D of this code.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION 111. 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 February 1, 2007.
Passed and approved this _ day of
,2006.
MAYOR
ATTEST:
CITY CLERK
A~edbY _ ~ /'
~ '. '1/r;(:; ("
City Attorney's Office
Ordinance No.
Page _
It was moved by and seconded by
as read be adopted, and upon roll call there were:
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Eliiott
O'Donnell
Vanderhoef
. Wilburn
First Consideration p./n/06
Vote for passage: AYES: Elliott, 0' Donnell, Vanderhoef, Wilburn, Bailey,
Champion, Correia. NAYS: None. ABSENT: None.
Second Consideration 9/5/06
Vote for passage: AYES: Correia, Elliott, O'Donnell, Vanderhoef, Wilburn, Bailey,
Champion. NAYS: None. ABSENT: None.
Date published
\z..,
Prepared by: Eric Goers, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
AMENDING TITLE 7, ENTITLED "FIRE PREVENTION AND PROTECTION,"
CHAPTER ,ENTITLED "FIRE CODE" BY AMENDING SECTION 4 TO INCREASE THE
PENALTIES F OVERCROWDING.
WHEREAS, City ode section 7-1-1 adopts the International Fire Code; and
WHEREAS, City ode section 7-1-4 sets violations of the chapter as municipal'
by penalties set forth in ity Code section 1-4-2D; and
WHEREAS, the Cit wishes to increase the penalties for overcrowding iolations under Title 7 to
$750 for a first offense an $1,000 for a second or subsequent offense; and
WHEREAS, it is in the st interest of the City to adopt this amendme .
NOW, THEREFORE, B T ORDAINED BY THE CITY COUNCIL THE CITY OF CITY, IOWA:
SECTION I. AMENDMEN
1. Title 7, entitled "Fire evention and Protection", Chapt 1, entitled "Fire Code," Section 4,
entitled "Penalties for Violation," i hereby amended by deleting i n its entirety and replacing it as follows:
Violations of IFC 107.6, Over oWding, as adopted in t' title, shall be punishable as municipal
infractions punishable by a civil pena of $750 for a first off se and $1,000 for a second or subsequent
offense. All other violations of this c apter shall be mu cipal infractions punishable by a penalty as
provided in section 1-4-2D of this code.
SECTION II. REPEALER. All ordinan es and pa of ordinances in conflict with the provision of this
Ordinance are hereby repealed. .
SECTION III. SEVERABILITY. If any secti n, pr ision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication sh I ot affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged in id or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Or Ina e shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this _ day , 2006.
Approved by
/'~
MAYOR
ATTEST:
CITY CLERK
I ~ 1
;t:~~~'t
~... ...l1li.'
....,..~
C I T Y 0 F IOWA C I T Y~
MEMORANDUM
Date:
August29,2006
To:
City Council
From:
Steve Atkins, City Manager
Re:
Ordinance to Increase Penalties for Overcrowding
The Council, at its upcoming meeting of September 5, 2006, will be giving second consideration
to an ordinance to increase penalties for overcrowding in violation of the Fire Code. Staff
recommends amending the ordinance to establish February 1, 2007 as the effective date for
implementation of the increased fines.
This recommendation is in consideration of the effort and high level of cooperation being made
by bar and restaurant owners to improve safety conditions within their establishments. The Fire
Department has had excellent participation in developing business evacuation plans and in the
training of personnel to provide critical on-site crowd and emergency management. As a result
of these efforts, we believe bar and restaurant businesses will be safer.
The occupancy number for a business has been a matter of concern. Many owners are making
the effort to adjust their posted occupancy limit to more accurately reflect the occupancy.
Changing the occupant load number will result in health and safety upgrades (e.g., fire
sprinklers, improved exits, more bathroom fixtures, etc.). These health and safety upgrades
take time to implement. Those businesses "making the effort to comply" should be given the
time to comply. Also, the Senior Building Inspector will be initiating contact with bar and
restaurant owners to "walk" them through the building code factors used to establish occupancy
limits. This is an educational process and is intended to help owners make informed decisions
concerning this issue.
Enforcement of life safety regulations continues to be a high priority, and businesses can be
issued citations for failure to having on-site trained personnel to deal with occupancy and
emergency situations. Businesses whose occupancy, as determined by fire personnel, creates
fire safety issues will be asked to immediately reduce occupancy. Any business that ignores or
refuses to comply with these measures may be cited at the discretion of the Fire Department.
mgr/memJoccupancy-ord.doc
M~~ q.
Prepared by: Mitchel T. Behr, Ass!. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 06-4231
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED
RESTRICTIONS," SUBSECTION B, ENTITLED "EXCEPTIONS," AND SUBSECTION C,
ENTITLED "SCHOOL SPEED ZONES," TO ESTABLISH AND AMEND THE SPEED LIMIT ON
PORTIONS OF MORMON TREK BOULEVARD, NAPLES AVENUE, SYCAMORE STREET
AND U.S. HIGHWAY 6.
WHEREAS based on a review of the City Code provisions establishing speed limits for motor vehicles on
City streets, and engineering and traffic investigations, the Transportation Planning Division recommends
the speed limit on portions of Mormon Trek Boulevard, Naples Avenue, Sycamore Street and U.S.
Highway 6 be clarified and/or amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
A. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Subsection B, entitled "Exceptions," is hereby amended as follows: .
1. The following portions of the table currently set forth in said subsection are hereby removed:
Name of Street Maximum Soeed Limit (MPHl
Mormon Trek Boulevard 35
Where Limit Aoolies
From the intersection of Melrose Avenue
to the City limits
Name of Street Maximum Soeed Limit (MPHl
North Dubuque Road 35 .
Where Limit Aoolies
From the intersection of Iowa Highway 1
(Dodge Street) to Scott Boulevard
Name of Street Maximum Soeed Limit (MPHl
Scott Boulevard 35
Where Limit Aoolies
From the intersection with
North Dubuque Road south to U.S.
Highway 6
Name of Street Maximum Soeed Limit (MPHl
Sycamore Street 30
Where Limit Aoolies
From the intersection with U.S. Highway
6 south to Gleason Avenue
Name of Street Maximum Soeed Limit (MPHl
Sycamore Street 30
Where Limit Aoolies
From the intersection with Burns Avenue
south to the City limits
Name of Street Maximum Soeed Limit (MPHl
U.S. Highway 6 45
Where Limit Aoolies
From the east City limits to a point 500
feet west of Heinz Road
Name of Street Maximum Soeed Limit (MPHl
U.S. Highway 6 45
Where Limit Aoolies
From a point 500 feet west of Heinz
Ordinance No. 06-4231
Page 2
Road to a point 500 feet west of
Fairmeadows Boulevard
2. The following provisions are hereby added to the table currently set forth in said subsection:
Name of Street Maximum Speed Limit (MPHl
Mormon Trek Boulevard 35
Where Limit Applies
From the north City limits
to a point 620 feet southeast of Iowa
Highway 1
Name of Street Maximum Speed Limit (MPHl
Mormon Trek Boulevard 45
Where Limit Applies
From a point 620 feet southeast of Iowa
Highway 1 to the intersection with Old
Highway 218
Name of Street
Naples Avenue
Maximum Speed Limit (MPHl
30
Where Limit Applies
From the intersection with Iowa Highway
1 north to the end of Naples Avenue
Name of Street
Scott Boulevard
Maximum Speed Limit (MPHl
35
Where Limit Applies
From the intersection with Iowa Highway
1 south to U.S. Highway 6
Name of Street
Sycamore Street
Maximum Speed Limit (MPHl
30
Where Limit Applies
From the intersection with U.S. Highway
6 south to the City limits
Name of Street
U.S. Highway 6
Maximum Speed Limit (MPHl
45
Where Limit Applies
From the east City limits to a point 500
feet west of Fairmeadows Boulevard
B. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Subsection C, entitled "School Speed Zones," is hereby amended as
follows:
1. The following portions of the table currently set forth in said subsection are hereby removed:
Name of Street
Sycamore Street
Where Limit Applies
From California Street to Lakeside Drive
2. The following provisions are hereby added to the table currently set forth in said subsection:
Name of Street
Sycamore Street
Where Limit Applies
From California Avenue to a point 300 feet south of Lakeside
Drive
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.
Ordinance No. 06-4231
Page 3
day of Septpmhpr
MAYO
ATTEST: h-~R. ~~
~LERK
Approved by
City~~l( g{~()u>
M~chIEISpeed Lim~ Changes - 3.06ISpeed Lim~ Changes - 3.06.doc
,2006.
Ordinance No. 06-4231
Page -L
It was moved by Bailev and seconded by
as read be adopted, and upon roll call there were:
V::Innprnnpf
that the Ordinance
AYES: NAYS: ABSENT:
x
X
X
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
First Consideration 8/2 2/ 06
Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bai-ley, Champion, Correia,
Elliott. NAYS: NOne. ABSENT: None.
Second Consideration ____u__________
Vote for passage:
Date published
9/13/06
Moved by Bailey, seconded by Vanderhoef, 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: Elliott, O'Donnell, Vanderhoef ,Wilburn,
Bailey, Champion, Correia. NAYS: None. ABSENT: None.
._-~-"--_._-_..~.,,~_..._-_.__._---_._-_._.._-_._--------~_._-_..
M"
I'i'
Lor -
Prepared by: Susan Dulek, Ass!. City Attorney. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 06-4212
ORDINANCE AMENDING TITLE 6, ENTITLED "PUBLIC HEALTH AND SAFETY," CHAPTER 3,
ENTITLED "WEED CONTROL" BY AMENDING SECTION 1 TO PROVIDE FOR ENFORCEMENT
THROUGHOUT THE YEAR.
WHEREAS, the definition of "enforcement period," which is the time period that the City enforces its
"weed ordinance," is May 15 to October 15;
WHEREAS, the weed ordinance should be enforced throughout the year; 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 CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6. entitled "Public Health and Safety," Chapter 3, entitled 'Weed Control," Section 1. entitled
"Definitions," is hereby amended by deleting the term "enforcement period" in its entirety.
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 5th day of September ,2006.
~(j~
MAYOR
ATTEST: )~;A..).J! ~~
CITY CLE
APpr':Ved.~ by, ~ _
~ <t-l-O~
City Attorney's Office
Ordinance No. 06-4232
Page ~
It was moved by Vanderhoef and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
x
x
x
x
x
x
First Consideration 8/22/06
Vote for passage: AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration ---------------------
Vote for passage:
Date published
9/13/06
Moved by Vanderhoef, seconded by Champion, 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: Vanderhoef, Wilburn, Bailey,
Champion, Correia, Elliott, O'Donnell. NAYS:None. ABSENT: None.
!~-
M~
Prepared by; Susan Dulek, Ass'\. City Attorney, 410 E. Washington Street, Iowa City,IA 52240; 319-356-5030
ORDINANCE NO. 06-4233
ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINE AND
PENALTIES," TO MAKE THE FINE FOR LITTERING THE SAME AS THE FINE UNDER THE
STATE CODE AND AMENDING TITLE 16, ENTITLED "PUBLIC WORKS," CHAPTER 3,
ENTITLED "CITY UTILITIES," ARTICLE H, ENTITLED "SOLID WASTE," TO BROADEN THE
DEFINITION OF LITTER.
WHEREAS, the fine for littering is presently $35.00, regardless of where the littering occurs;
WHEREAS, Iowa Code section 321.369 (2005) provides that it is illegal to litter on a street or highway,
and S.F. 2319, which went into effect on July 1, 2006, increases the fine for said violation from $35.00 to
$70.00;
WHEREAS, the fine under a municipal ordinance cannot be less than the fine for the same violation under
State law;
WHEREAS, it is in the best interest of the City to have same fine for all littering violations, and not to have
the fine for littering on a street or highway be greater than littering anywhere else;
WHEREAS, the present definition of "litte(' includes a requirement that the garbage must "unreasonably
endanger[] public, health, safety and welfare"; and
WHEREAS, it is in the best interest of the City to prohibit depositing garbage on the streets, parks, and
other public places regardless of whether doing so unreasonably endangers public, health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 3, entitled "City 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
hereby amended by amending the fine for littering from $35 to $70 as follows;
Littering
$70.00
City Code Chapter,
Article or Section
Reference
16-3H-11C
Description of Fee, Charge, Bond,
Fine or Penalty
Amount of Fee, Charge,
Bond, Fine or Penalty
2. Title 16, entitled "Public Works," Chapter 3, entitled "City Utilities," Article H, entitled "Solid Waste,"
Section 11, entitled "Littering," Subsection B, entitled "Definitions," is fjereby amended by deleting the
definition of "Litter" and substituting the following new definition:
Litter: "Garbage," "refuse" and "rubbish," as defined in this article, together with all other solid
waste material.
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.
~d and approved this..2!!L day of September , 2006.
~(- JJl-
MAYOR --
ATTEST; ~;-.0 f!. ~M)
CITY ERK
Approved:
City Attorney's Office
,.,,~~ <;;-(\-C>~
SuelOrdRes/LitterOrd2006.doc
Ordinance No. 06-4233
Page -2.
It was moved by Elliott and seconded by
as read be adopted, and upon roll call there were:
Correia
that the Ordinance
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
. Wilburn
x
x
X
X
X
X
X
First Consideration 8/22/06
Vote for passage: AYES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell,
Vanderhoef. NAYS: None. ABSENT: None.
Second Consideration __nn___________
Vote for passage:
Date published
9/13/06
Moved by Elliott, seconded by Champion, 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: Bailey, Champion, Correia, Elliott,
O'Donnell, Vanderhoef, Wilburn. NAYS: None. ABSENT: None.