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Home My WebLink About2013-04-09 Ordinancei 0 -0 =- Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13 -00006) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .78 ACRES LOCATED AT 1105 GILBERT COURT FROM NEIGHBORHOOD PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1). (REZ13- 00006) WHEREAS, the applicant, the Crisis Center of Johnson County, has requested a rezoning of property located at 1105 Gilbert Court from Neighborhood Public (P -1) to Intensive Commercial (CI -1); and WHEREAS, the Central District Plan future land -use map indicates that this area is appropriate for Intensive Commercial uses; and WHEREAS, the Comprehensive Plan generally encourages support for human services programs in accessible locations, the use of existing facilities to provide coordinated neighborhood services, and the City to provide appropriate planning and coordination of human services programs; and WHEREAS, the rezoning would allow the applicant to use the subject property as part of a collaborative human services campus with other human service providers in the area and help these groups to pool resources and improve service; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of P -1 to CI -1: LEGAL DESCRIPTION LOT 1, THE NORTH 50 FEET OF LOT 2, AND INCLUDING THE SOUTH 35 FEET OF LAND EAST OF THE RAILROAD. ROW DESCRIPTION IN SURVEY BOOK 4, PAGE 139, HIGHLAND PARK ADDITION, IOWA CITY, JOHNSON COUNTY, 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 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 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 4/9/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4? a--) STAFF REPORT To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: REZ13 -00006 Gilbert Court Date: March 7, 2013 GENERAL INFORMATION: Applicant: The Crisis Center of Johnson County 1121 Gilbert Court Iowa City, Iowa 52240 Contact Person: Becci Reedus 351 -2726 ext. 109 becci.reedus @jccrisiscenter.org Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning from P1 to CI -1 To allow for private human service offices 1105 Gilbert Court Approximately .78 acres Former Johnson Count Public Health office, Public North: Office and vehicle repair, CC -2 South: Crisis Center, CI -1 East: Salvation Army, CI -1 West: Railroad, CI -1 Central District Plan— Intensive Commercial February 8, 2013 March 25, 2013 The applicant, the Crisis Center of Johnson County, is requesting a rezoning of an approximately .78 -acre property located at 1105 Gilbert Court from Neighborhood Public (P -1) to Intensive Commercial (CI -1). The Crisis Center also has in progress an application with the City for a Special Exception to allow a General Community Service use in the proposed CI -1 zone. The subject property was formerly the Johnson County Public Health office and is currently zoned P -1 to reflect local government ownership. When the County consolidated its offices at a new administrative building on South Dubuque Street, the subject property was put up for sale and has remained vacant since 2010. The County has agreed to sell the property to the Crisis Center. The change in ownership will require that the property be rezoned. The Crisis Center currently operates the adjacent property to the south at 1121 Gilbert Court, which is also in the CI -1 zone. In partnership with the Domestic Violence Intervention Program, the Iowa City Free Lunch Program, and National Alliance on Mental Illness of Johnson County, 2 the Crisis Center proposes to use the property as part of a collaborative human services campus in order to improve service and pool resources. The two properties will share parking and together the development will provide 79 parking spaces. The applicant has indicated that they plan to use the "Good Neighbor Policy" and have discussions with neighborhood representatives. ANALYSIS: Current Zoning: P -1 zoning designates land for schools, parks, police and fire stations, and other civic buildings owned or controlled by the City, County or Iowa City Community School District. The Zoning Code states that if land zoned P is sold or transferred to a nongovernment entity, the buyer or transferee must seek reasoning to an appropriate zoning classification. Proposed Zoning: CI -1 zoning provides areas for light industrial uses — businesses with operations typically characterized by outdoor storage and display of merchandise, and repair and sales of large equipment or motor vehicles. The types of retail uses allowed in this zone are limited in order to create opportunities for more land- intensive commercial uses. Typical uses found in CI -1 zoning include vehicle -sales lots, mechanics, auto body repair shops, warehousing and contractor's yards. CI -1 zoning allows Community Service uses by special exception. Compliance with Comprehensive Plan: The Central District Plan future land -use map shows the property at 1105 Gilbert Court as appropriate for Intensive Commercial uses. The Plan indicates that early development of much of the area of the subject area was industrial, and that it continues to provide a vital niche for automobile repair and other intensive commercial uses in close proximity to downtown. The Comprehensive Plan encourages the support of human service programs in accessible locations, the use of existing facilities to provide coordinated neighborhood services, and the City to provide appropriate planning and coordination of human services programs. Compatibility with neighborhood: The subject property is surrounded by CI -1 zoning. In addition, the area has already become a sort of center for human services. The building immediately to the south serves as the current location of the Crisis Center. The Salvation Army is located across the street to the east. The Mayor's Youth Empowerment office is located next door to the Salvation Army. To the north is the former Johnson County Public Health office. Traffic implications: On- street parking is in high demand in the neighborhood and, due to the number of curb cuts along Gilbert Court, is very in limited supply. The two Crisis Center properties together will accommodate 79 parking spaces. The minimum off - street parking requirement for the two buildings, based on square footage and usage, is 49 spaces. The applicant has submitted a site plan showing that one of the curb cuts will be closed. This should improve traffic circulation and provide for more on- street parking. The area is served by three transit lines: the Lakeside and Broadway stops are located approximately 2 blocks away at South Gilbert Street and Kirkwood Avenue intersection. The Mall bus route has a stop two blocks to the East near the Kirkwood Avenue and Diana Street. In staff's opinion, the proposed change in zoning and use of this property is not likely to have a significant impact on traffic in the area. STAFF RECOMMENDATION: Staff recommends approval of REV 3- 00006, a request to rezone an approximately .78 -acre PCD \Staff Reports \rezl3 -00006 gilbert court (crisis center).doc property located at 1105 Gilbert Court from P -1 to CI -1. ATTACHMENTS: Location Map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports\rez13 -00006 gilbert court (crisis center).doc T am TM N N :Utej io cic . .......... ....... ... . .. . ....... Mn m z P-0 O O C rl LU OG 0 U I If Ln C) z 0 0 i LU co CN C) i 17 io cic . .......... ....... ... . .. . ....... Mn m z P-0 O O C rl LU OG 0 U I If Ln C) z 0 0 i LU Planning and Zoning Commission March 4, 2013 - Informal Page 3 of 7 ANN13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Miklo said this application, if approved, would make these two parcels of land Low Density Multifamily (RM -12). He said the Comprehensive Plan does show that northeast corner as being appropriate for multifamily. He said the concept plan submitted by the applicant basically follows the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an arterial, so staff is recommending that the applicant pay a fee toward the construction of the road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff would want the applicant to build a temporary sidewalk on American Legion Road, and when the City rebuilds the road, it would put in the full sidewalk to City standards. Freerks asked about the easement. Miklo explained that it would be in the right -of -way or on the applicant's property within an easement. He said on Scott Boulevard staff would recommend that the applicant put in an eight foot sidewalk as part of this development, and the City would then pay for the oversize cost, which is three feet of that sidewalk. Eastham asked about the side distance from the access street to the corner of Muscatine and Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a public street as shown on the concept plan. Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said staff anticipates the property to the east would develop, according to the Southwest District Plan, with town houses and eventually shifting to single family. He said what the City wants is the sixty foot right of way along the property line. Martin said the speed limit increases to 55 mph on American Legion Road when you cross over Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be reduced to 25 or 35 mph. He said would happen when annexation occurs. REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for approximately .78 -acres of property located at 1105 S. Gilbert Court. Miklo explained that the property is zoned Public (P -1) and is owned by the county. He said the county is transferring the property to the Crisis Center and other social service agencies. He said staff feels Intensive Commercial (C11) is the most appropriate, as that is on three sides of the property. He said it is also the most consistent with the neighborhood Comprehensive Plan for the area. REZ13- 00007: Discussion of an application submitted by The Rose Company for a rezoning from Intensive Commercial (C11) zone to Community Commercial (CC2) zone for approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road. Miklo said this is an area where the Comprehensive Plan encourages more Community Commercial (CC2) and less Intensive Commercial (C11) zoning as the uses within the CC2 zone Planning and Zoning Commission March 7, 2013 - Formal Page 12 of 18 4. There will be installation of a public right of way to City standards along the eastern property line. 5. Approval of the development plan for the subject property by the design review committee. 7. The additional right of way will be dedicated to the City for improvement of Scott Boulevard and American Legion Road. Swygard seconded. Freerks said she thinks this will be a nice addition to the east side of town. Eastham said he thinks this is a good use of the land on this corner and complies with the Comprehensive Plan's concept about putting developments on arterial streets where there's good access. Martin said she thinks this is a nice transition between the developments on both sides and is a nice segue way into filling this land in productively. A vote was taken and the motion carried 6 -0. REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson County for a rezoning from Public (P) zone to Intensive Commercial (C11) zone for approximately .78 -acres of property located at 1105 S. Gilbert Court. Miklo said this property was until recently owned by the County and is currently Public (P). He said it is being sold to a group of non - profits who will operative a human services agency from the building. He said the surrounding property is all zoned Intensive Commercial (CI -1) with the exception of properties on Kirkwood Avenue. He said this complies with the Comprehensive Plan, and staff is recommending approval with no conditions. Freerks opened public hearing. Becci Reedus of the Crisis Center said the Crisis Center owns the property and it will be occupied by three other organizations. She said they are required to have 49 parking spaces and their design shows 79. She said they had a good neighbor meeting. Martin asked what the goal of the capital campaign for the renovation of the building is. Reedus replied that it is 1.2 million. Freerks closed public hearing. Thomas moved to recommend approval of REZ13 -00006 to rezone approximately .78 acres of property at located at Gilbert Court from Public (P -1) to Intensive Commercial (CI -1) Weitzel seconded. Freerks said the Comprehensive Plan supports the coordination of neighborhood services and this item does just that. A vote was taken and the motion carried 6 -0. From: Sarah Walz Sent: Tuesday, March 26, 2013 10:03 AM To: Tom Markus; Jeff Davidson; Bob Miklo Subject: FW: S. Gilbert Court area Marcia and I met with Becci Reedus from the Crisis Center yesterday at 2 PM. The three of us are working together (and with support from Michael Lensing) to set up a meeting of neighborhood business and property owners to discusses issues of common concern: loitering, litter, vandalism, and parking. We have set a tentative meeting date for Monday, April 8. We will likely meet at the Kirkwood Room, but that has yet to be confirmed. Marcia is putting together invitations. Becci is going to reach out to the surrounding non - profits to ensure that they attend. Darian Nagle -Gamm will also attend to respond to or address concerns about parking and traffic. ( Darian has been observing the area as part of our BOA review.) Will update you once the meeting takes place. Sarah b C�� Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00006) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .78 ACRES LOCATED AT 1105 GILBERT COURT FROM NEIGHBORHOOD PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1). (REZ13 -00006) WHEREAS, the applicant, the Crisis Center of Johnson County, has requested a rezoning of property located at 1105 Gilbert Court from Neighb rhood Public (P -1) to Intensive Commercial (CI -1); and WHEREAS, the Central District Pla future land -use map indicates that this area is appropriate for Intensive Commercial uses; and WHEREAS, the Comprehensive Pla generally encourages suppo for human services programs in accessible locations, the use of existing fa ilities to provide coordinated eighborhood services, and the City to provide appropriate planning and coordin tion of human services pro ams; and WHEREAS, the rezoning would allow th applicant to use the subj ct property as part of a collaborative human services campus with other human ervice providers in the rea and help these groups to pool resources and improve service; and WHEREAS, the Planning and Zoning ommission has r iewed the proposed rezoning and recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL THE CITY OF IOWA CITY, IOWA: SECTION 1 APPROVAL. Property described below is her y reclassified from its current zoning designation of P -1 to CI -1: LOT 1, THE NORTH 50 FEET OF LOT 2 AND INCLUDIN RAILROAD. ROW DESCRIPTION IN SURVEY BOOK 4, CITY, JOHNSON COUNTY, IOWA. SECTION II. ZONING MAP. The Building Inspectof is zoning map of the City of Iowa City, Iowa, to conform t this and publication of this ordinance by law. City Clerk is hereby authorized and directed to ce office of the County Recorder of Johnson County, SECTION IV. REPEALER. All ordinances z Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section invalid or unconstitutional, such adjudication sh section, provision or part thereof not adjudged i SECTION VI. EFFECTIVE DATE. This O ii publication, as provided by law. SOUTH 35 FEET IF LAND EAST OF THE 139, HIGHLAND PARK ADDITION, IOWA authorized and directed to change the ment upon the final passage, approval Q . Upon pass ge and approval of the Ordinance, the tify copy of this or finance and to record the same, at the to a, at the owner's pense, all as provided by law. i parts of ordinances ' conflict with the provisions of this provision or part of the dinance shall be adjudged to be not affect the validity of t e Ordinance as a whole or any did or unconstitutional. ance shall be in effect after i final passage, approval and CID MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 6b Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00007) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ13- 00007) , WHEREAS, the applicant, the Rose Company, has requested rezoning property located south of Highway 1 West, east of Ruppert Road from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South Central District Plan future land -use map indicates that this area is appropriate for retail or community commercial uses; and WHEREAS, the City is currently installing a sidewalk and trail system on the north side of Highway 1; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to ensure safe pedestrian access to this property and the provision of adequate sidewalks along the subject property's frontage with Ruppert Road to continue the sidewalk and trail system network. WHEREAS, Iowa Code §414.5 (2011) 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 and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CIA to CC -2, subject to the terms of the Conditional Zoning Agreement, attached hereto and incorporated herein by this reference: LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, ALONG SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 43.73 FEET; THENCE S00 °14'58 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14; PAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Ordinance No. Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. Matthew J. Hayek, MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 4/9/2013 Vote for passage: AYES: Hayek, Mims, Payne, Champion, Dickens, Dobyns. NAYS: Throgmorton. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and BFDJ Holdings LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.12 acres of property located South of Highway 1 West, east of Ruppert Road; and WHEREAS, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Community Commercial (CC -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the provision of sidewalks along the property's frontage with Ruppert Road and Highway 1, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 is consistent with the Comprehensive Plan and the need for infrastructure improvements; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. BFDJ Holdings LLC is the legal title holder of the property legally described as: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT. OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, ALONG SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 43.73 FEET; THENCE S00 014'58 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14, PAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE ppdadm/agt/REZ13-00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South Central district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Ruppert Road sidewalk: To ensure safe pedestrian access to the subject property, construction of a five foot wide sidewalk built to City standards along the property's frontage with Ruppert Road, with a connection to the intersection with Highway 1 West and curb ramps at the intersection These sidewalk improvements will be installed prior to an occupancy permit being issue for any new building on the property. b. Highway 1 sidewalk: The applicant and owner will pay $9,228.75 the cost of sidewalk installation along the Highway 1 frontage to allow the City to install the sidewalk when a sidewalk is installed on other properties along the Highway 1 frontage. This payment shall be made prior to an occupancy permit being issue for any new building on the property. This fee will cover the cost of five feet of the width of the sidewalk. The City will pay for any paving costs if a wider sidewalk is constructed. 4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppdadm/agUREZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCaftowledgment.doc 2 Dated this day of 12013. CITY OF IOWA CITY Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office 3'13 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm/agt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 3 J Fred C. Rose BFDJ HOLDINGS, LLC ACKNOWLEDGEMENT: STATE OF IOWA ) )SS: BLACK HAWK COUNTY ) On this A. day of March, 2013, before me, the undersigned Notary Public in and for said state, personally appeared Fred C. Rose, Manager, of BFDJ Holdings, LLC, to me personally known, who being by me duly sworn, did say that he is the Manager, and is a designated agent of the Limited Liability Company which is managed by a Manager, and that this instrument was signed on behalf of the Limited Liability Company by authority of the Limited Liability Company, in its ordinary course of business, and the Manager acknowledged the execution of the instrument to be the voluntary act and deed of the Limited liability Company by it and by the Manager voluntarily executed. "'"` JENNIFER HOOP A COMMISSION NO.722855 . o P MY O(o- COMU —MISSION �DIS EXPIRES rwI En w 1-41EW-Al ppdadm/agt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 4 STAFF REPORT To: Planning & Zoning Commission Item: REZ13 -00007 Ruppert Rd. & Hwy. 1 GENERAL INFORMATION: Prepared by: Andrew Bassman, Planning Intern Date: March 7, 2013 Applicant: The Rose Company 915 Technology Drive Cedar Falls, Iowa 50613 319- 266 -2220 Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning from CI -1 to CC -2 Allow for construction of a grocery store Southeast corner of Ruppert Road and Highway 1 West (703, 705 and 715 Highway 1 West) Approximately 2.1 acres Various intensive commercial businesses - CI -1 North: commercial and residential, CC -2 and OPD /RM -20 South: commercial, CI -1 East: commercial, CI -1 West: commercial, CI -1 South Central District Plan: Community Commercial February 14, 2013 March 31, 2013 The applicant, the Rose Company, has proposed rezoning approximately 2.1 acres of land located at the southeast corner of Ruppert Road and Highway 1 West from CI -1 (Intensive Commercial) to Community Commercial (CC -2). The rezoning proposal encompasses the lots located at 703, 705 and 715 Highway 1 West. The applicant submitted a site plan with the rezoning application indicating intent to build a 16,399- square foot Aldi grocery store with 92 parking spaces. The applicant has stated that the Aldi store would move to the site from its current location at 1411 Waterfront Drive —about a mile to the east. The plan would require demolition of the existing buildings on the site. The applicant has been working with staff to address some concerns identified in the site plan, specifically constructing sidewalks along Highway 1 West and Ruppert Road and installing additional windows on the north fagade to improve the appearance of the building. The applicant has indicated that they plan to use the "Good Neighbor Policy" and have discussions with neighboring property owners. 4 ANALYSIS: Current and proposed zoning: CI -1 zoning provides areas for light industrial uses — businesses with operations typically characterized by outdoor storage and display of merchandise, and repair and sales of large equipment or motor vehicles. The types of retail uses allowed in this zone are limited in order to create opportunities for more land- intensive commercial uses. Typical uses found in CI -1 zoning include vehicle -sales lots, mechanics, auto body repair shops, warehousing and contractor's yards. The proposed CC -2 zoning is more retail- oriented and allows most retail - type stores, restaurants and services such as hair salons, dry cleaners and banks. Dimensional requirements are generally the same for both zones, except for building bulk— maximum floor area ratio in CC -2 zoning is 2 compared to a FAR of 1 allowed in CI -1 zoning. Parking requirements are the same for both zones. Compliance with Comprehensive Plan: The South Central District Plan future land -use map depicts the area along the south side of Highway 1 West, from Riverside Drive to the west edge of the lot at 809 Highway 1 West (the lot immediately to the west of the subject property), as appropriate for retail or community commercial uses. This area is currently a mix of CI -1 and CC -2 zoning. The Plan delineates subarea B as land along the south side of Highway 1 West from Riverside Drive to just beyond Highway 218 at the boundary of the South Central Planning District. The Plan states that land available in the western reaches of subarea B, with fairly direct access to Highway 1 and near Highway 218, provides opportunities for large -lot development suitable for intensive commercial uses with extensive outdoor - storage needs. As retail in the eastern part of this subarea is upgraded, the Plan encourages intensive commercial uses located on, or east of, the Westport Plaza property to re- locate to CI -1 zones to the south or west so that the properties with good visibility to Highway 1 may be developed with retail, service and office businesses. Such re- location would result in a more compatible mix of traffic and commercial shops, offices, restaurants and residential uses in the area. The proposed rezoning complies with this policy and the land use plan for the area. Compatibility with neighborhood: The predominance of CC -2 zoning in the area leads staff to conclude that the rezoning would be compatible with the neighborhood. With the exception of the lots located at 537, 605 and 631 Highway 1 West, CC -2 zoning applies to land along the south side of Highway 1 West from Riverside Drive to 809 Highway 1 West. And with the exception of the lot at 520 Highway 1 West, CC -2 zoning extends along the north side of Highway 1 West from Riverside Drive to Hawk Ridge Road. Traffic implications: The purpose of the CC -2 zone is to provide for major business districts to serve a significant segment of the total population. In addition to a variety of retail goods and services, these centers typically feature a number of large traffic generators requiring access from major thoroughfares. The streets adjacent to the subject property were designed to accommodate the level of vehicular traffic that the proposed use is anticipated to generate. However, the area has inadequate sidewalks to accommodate pedestrian traffic. The City is currently installing a sidewalk and trail system on the north side of Highway 1. To assure that safe pedestrian access is provided to this property staff recommends that the applicant construct a sidewalk along its frontage with Ruppert Road with a connection and curb ramps at the intersection. The City will install traffic signal modifications necessary to accommodate pedestrians. Rather than install sidewalks along the property frontage on the south side of Highway 1 at this time, staff recommends that the applicant pay the cost of installing a sidewalk. These funds would then be used when sidewalks are installed on properties further to the east to create a more complete pedestrian network. 3 Summary: The rezoning would allow a retail commercial use without significant change in dimensional and parking requirements. The proposal is consistent with the Comprehensive Plan future land -use map, and also with the Plan's policy of encouraging relocation of more - intensive commercial uses and reserving the subject property and surrounding areas for retail -type commercial uses. Staff also believes the proposal is compatible with the neighborhood, given the CC -2 zoning in the immediate area along Highway 1 West. A conditional zoning agreement is necessary to assure that adequate sidewalks are installed to accommodate pedestrian traffic to this property. STAFF RECOMMENDATION: Staff recommends approval of REZ13- 00007, a rezoning of approximately 2.1 acres of land located at the southeast corner of Ruppert Road and Highway 1 West from CI -1 to CC -2, subject to a Conditional Zoning Agreement requiring construction of a sidewalk along the property frontage with Ruppert Road with a connection to the intersection with Highway 1 and payment for future installation of a sidewalk on Highway 1 West. ATTACHMENTS: Location Map Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development n Planning and Zoning Commission March 4, 2013 - Informal Page 3of7 ANN 13-00001 /REZ1 3-00002/REZ1 3-00003: Discussion of an application submitted by Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Miklo said this application, if approved, would make these two parcels of land Low Density Multifamily (RM -12). He said the Comprehensive Plan does show that northeast corner as being appropriate for multifamily. He said the concept plan submitted by the applicant basically follows the ideas in the Comprehensive Plan. He said American Legion Road is not improved as an arterial, so staff is recommending that the applicant pay a fee toward the construction of the road, or twelve percent of the cost. He explained how they arrived at that fee. He said staff would want the applicant to build a temporary sidewalk on American Legion Road, and when the City rebuilds the road, it would put in the full sidewalk to City standards. Freerks asked about the easement. Miklo explained that it would be in the right -of -way or on the applicant's property within an easement. He said on Scott Boulevard staff would recommend that the applicant put in an eight foot sidewalk as part of this development, and the City would then pay for the oversize cost, which is three feet of that sidewalk. Eastham asked about the side distance from the access street to the corner of Muscatine and Scott. Miklo said the Transportation Planners said this would be a reasonable place to put a public street as shown on the concept plan. Martin asked if there would be a stop light on that corner. Miklo said it is planned for. He said staff anticipates the property to the east would develop, according to the Southwest District Plan, with town houses and eventually shifting to single family. He said what the City wants is the sixty foot right of way along the property line. Martin said the speed limit increases to 55 mph on American Legion Road when you cross over Scott Boulevard and asked if that would be affected. Miklo responded that he expected it to be reduced to 25 or 35 mph. He said would happen when annexation occurs. REZ13- 00006: Discussion of an application submitted by The Crisis Center of Johnson County for a rezoning from Public (P) zone to Intensive Commercial (CI1) zone for approximately .78 -acres of property located at 1105 S. Gilbert Court. Miklo explained that the property is zoned Public (P -1) and is owned by the county. He said the county is transferring the property to the Crisis Center and other social service agencies. He said staff feels Intensive Commercial (CI1) is the most appropriate, as that is on three sides of the property. He said it is also the most consistent with the neighborhood Comprehensive Plan for the area. REZ13- 00007: Discussion of an application submitted by The Rose Company for a rezoning from Intensive Commercial (C11) zone to Community Commercial (CC2) zone for approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road. Miklo said this is an area where the Comprehensive Plan encourages more Community Commercial (CC2) and less Intensive Commercial (C11) zoning as the uses within the CC2 zone Planning and Zoning Commission March 4, 2013 - Informal Page 4 of 7 would be more appropriate than the light industrial type uses allowed in the C11 zone. He said there are some issues with no sidewalks on either Highway 1 or Ruppert Road. He said as a condition of this application, staff is recommending that the walkway from the highway be installed and the sidewalk be extended on the western frontage of this property. He said staff recommends that the applicant pay for the cost of the sidewalk along Highway 1, which would be installed when the City does improvements along the south side. REZ13- 00008: Discussion of an application submitted by JMK Holdings LC — The Vine Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S Gilbert Street as a Historic Landmark. Miklo said this property was reviewed by the Historic Preservation Commission last week and they determined that it did meet the criteria for local landmark designation. He said the applicant is also working to get this property listed on the National Register of Historic Places. He said the Planning and Zoning Commission's charge is to look at this in the context of the Comprehensive Plan. Miklo said this area is included in the Riverfront Crossings District, which acknowledges that there are a few historic buildings left in this neighborhood, and it's important to incorporate those into the redevelopment of the neighborhood. Miklo said the designation as local landmark puts restrictions on the property in that any extensive exterior renovations would require the approval of the Historic Preservation Commission and would also require their approval for demolition of the building. He said the benefits of the designation are that the Zoning Code, in order to encourage the reuse of buildings, has a special exception provision that the Board of Adjustment can waive certain zoning requirements such as parking standards and setbacks. Martin asked about imminent plans for the building. Miklo said the owners want to convert it to efficiency and one - bedroom apartments, and in order to do that, they have to provide parking or a waiver through the Board of Adjustment. County Subdivision Item CZ13 -00001 / SUB13- 00003: Discussion of an application submitted by S&G Materials for a rezoning from County Agricultural (A) zone to County Light Industrial (ML) zone and a final plat of The Sandlot, a 1 -lot, 16.68 acre industrial subdivision located south of 4059 Izaack Walton Road SE. Cowell said this property falls within the City fringe area but outside growth boundaries, so City Council can comment on the zonings of these properties according to the Iowa City and Johnson County Fringe Area Agreement. He said the application is currently operating on a temporary use permit for sand and gravel recycling, and their request is for a rezoning to County Light Industrial (ML) so they can do those operations on a permanent basis without having to reapply for a Conditional Use Permit as it expires. Freerks asked how long they had been at temporary status. Cowell replied that they first applied for the recycling permit in 2010, and they have been under conditional use since 2000. He said the property does fall in the floodway, and building permits for new structures are unlikely to be issued. He said staff recommends forwarding a letter to the County to approve the rezoning, and if it were to be approved, there would be a subdivision that staff is also recommending be approved. Planning and Zoning Commission March 7, 2013 - Formal Page 13 of 18 REZ13- 00007: Discussion of an application submitted by The Rose Company for a —K rezoning from Intensive Commercial (C11) zone to Community Commercial (CC2) zone for approximately 2.12 -acres of property located south of Highway 1, east of Ruppert Road. Miklo said staff recommends approval of this application subject to a Conditional Zoning Agreement specifying the construction of a sidewalk on Ruppert Road and payment of fees towards the construction of a future sidewalk on Highway 1. Swygard asked if there is a concept plan for this application. Miklo said the applicants showed the planners a concept plan before they submitted the application. Swygard asked if the building will be on Highway 1. He said the north side will face the highway, and the bulk of the building will face Ruppert Road, with the entrance at the corner. Freerks asked if bus service runs out that far. Miklo said there's a route that runs fairly close. Freerks opened public hearing. Freerks asked if storm water is taken care of. Miklo replied that the size of the site is not large enough to require storm water management. Freerks closed public hearing. Weitzel moved to recommend approval of REZ13 -00007 a rezoning of approximately 2.12 acres of land located at the south east corner of Ruppert Road and Highway 1 West from Intensive Commercial (CI -1) to Community Commercial (CC2) subject to the Conditional Zoning Agreement that requires construction of a sidewalk on Ruppert Road and payment of fees towards the construction of a future sidewalk on Highway 1. Eastham seconded. A vote was taken and the motion carried 6 -0. REZ13- 00008: Discussion of an application submitted by JMK Holdings LC – The Vine Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S Gilbert Street as a Historic Landmark. Miklo said the Historic Preservation Commission has determined that this meets the criteria for landmark status. He said it is in the Riverfront Crossings area, which identifies the group of buildings along this portion of Gilbert Street as remaining, given their historic status. He said staff finds that this application does comply with the Comprehensive Plan and recommends approval. Freerks opened public hearing. John Shaw, the architect for the project, said he thinks this is a wonderful example of a beautiful, simple historic industrial building that should be protected. Freerks said she would agree, and she's happy it's still there. Martin asked if it is in historic preservation purview to maintain the vines that are on the brick. Shaw said the building is called The Vine, and the vines will stay in place. Freerks closed public hearing. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 358. - .52_3} (Rt213- 00007) ORDINAN %2,.12A ` ORDINANCE CONDITIONALLY REZONING ES LOCATED SOUTH OF HIGHWAT -1 WEST, EAST OF RUPPERT ROAD F OM INTENSIVE RCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ13 -00007) WHEREAS, the applicant, th Rose Company, Highway 1 West, east of Ruppert Roa from Intensive and WHEREAS, the South Central Distric Ian future retail or community commercial uses; and WHEREAS, the City is currently installing si WHEREAS, the Planning and Zoning C determined that it complies with the Comprehen need to ensure safe pedestrian access to this p subject property's frontage with Ruppert Road to ( WHEREAS, Iowa Code §414.5 (2011) pro, conditions on granting an applicant's rezoning req public needs caused by the requested change; an WHEREAS, the owner and applicant have with the terms and conditions of the Condition development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY T E SECTION I APPROVAL. Property des ib� designation of CI -1 to CC -2: Zoning requested rezoning property located south of mercial (CI -1) to Community Commercial (CC -2); map indicates that this area is appropriate for and trail system on the north side of Highway 1; and in has the reviewed the proposed rezoning and in provided that it meets conditions addressing the and the provision of adequate sidewalks along the the sidewalk and trail system network. lat the City of Iowa City may impose reasonable 19,r and above existing regulations, in order to satisfy CITY COUNC A below is I property shall be developed in accordance lent attached hereto to ensure appropriate THE CITY OF IOWA CITY, IOWA: reclassified from its current zoning A PORTION OF THE NORTHWEST Q ARTER OF THE SOUTHEAST, QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 EST, OF THE FIFTH PRINC AL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIB AS FOLLOWS: BEGINNING AT THE NORTHEAST )CORNER OF LOT 17, NORTH AIR ORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 18131F THE RECORDS OF THE JOHNS O COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, AL NG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROA THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 42 .19 FEET, TO A POINT ON THE SOUTHERL RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THE CE N74 °04'08 "E, ALONG SAID SOUTHERL LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG S D LINE, 9.38 FEET; THENCE N74 002'03 "E, ALO SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 4 73 FEET; THENCE S00 °14'58 "W, ALONG THE STERLY LINE OF THE PLAT OF SURVEY, RECO DED IN BOOK 14, PAGE 59, OF THE RECORDS THE JOHNSON COUNTY RECORDER'S OFFIC , TO A POINT ON THE NORTH LINE OF LOT 16, F SAID NORTH AIRPORT DEVELOPMENT; T NCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.1 FEET, TO THE SAID POINT OF BEGINNING. SECTION II. ZONING AP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of to a City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordin ce by law. SECTION III. CERTIF ATION 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 ._, i -'_S Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 358. - .52_3} (Rt213- 00007) ORDINAN %2,.12A ` ORDINANCE CONDITIONALLY REZONING ES LOCATED SOUTH OF HIGHWAT -1 WEST, EAST OF RUPPERT ROAD F OM INTENSIVE RCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ13 -00007) WHEREAS, the applicant, th Rose Company, Highway 1 West, east of Ruppert Roa from Intensive and WHEREAS, the South Central Distric Ian future retail or community commercial uses; and WHEREAS, the City is currently installing si WHEREAS, the Planning and Zoning C determined that it complies with the Comprehen need to ensure safe pedestrian access to this p subject property's frontage with Ruppert Road to ( WHEREAS, Iowa Code §414.5 (2011) pro, conditions on granting an applicant's rezoning req public needs caused by the requested change; an WHEREAS, the owner and applicant have with the terms and conditions of the Condition development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY T E SECTION I APPROVAL. Property des ib� designation of CI -1 to CC -2: Zoning requested rezoning property located south of mercial (CI -1) to Community Commercial (CC -2); map indicates that this area is appropriate for and trail system on the north side of Highway 1; and in has the reviewed the proposed rezoning and in provided that it meets conditions addressing the and the provision of adequate sidewalks along the the sidewalk and trail system network. lat the City of Iowa City may impose reasonable 19,r and above existing regulations, in order to satisfy CITY COUNC A below is I property shall be developed in accordance lent attached hereto to ensure appropriate THE CITY OF IOWA CITY, IOWA: reclassified from its current zoning A PORTION OF THE NORTHWEST Q ARTER OF THE SOUTHEAST, QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 EST, OF THE FIFTH PRINC AL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIB AS FOLLOWS: BEGINNING AT THE NORTHEAST )CORNER OF LOT 17, NORTH AIR ORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 18131F THE RECORDS OF THE JOHNS O COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, AL NG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROA THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 42 .19 FEET, TO A POINT ON THE SOUTHERL RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THE CE N74 °04'08 "E, ALONG SAID SOUTHERL LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG S D LINE, 9.38 FEET; THENCE N74 002'03 "E, ALO SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 4 73 FEET; THENCE S00 °14'58 "W, ALONG THE STERLY LINE OF THE PLAT OF SURVEY, RECO DED IN BOOK 14, PAGE 59, OF THE RECORDS THE JOHNSON COUNTY RECORDER'S OFFIC , TO A POINT ON THE NORTH LINE OF LOT 16, F SAID NORTH AIRPORT DEVELOPMENT; T NCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.1 FEET, TO THE SAID POINT OF BEGINNING. SECTION II. ZONING AP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of to a City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordin ce by law. SECTION III. CERTIF ATION 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 No. Page 2 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. f �� Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and BFDJ Holdings LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.12 acres of property located South of Highwbty 1 West, east of Ruppert Road; and WHEREAS, the Ow'hqr has requested the rezoning of said property from Intensive Commercial (CI -1) to CommunAy Commercial (CC -2) zone; and/ WHEREAS, the Planning an Zoning Commission has determined that, with appropriate conditions regarding the provision of Noewalks along the pro erty's frontage with Ruppert Road and Highway 1, the requested zoning is onsistent with the omprehensive Plan; and WHEREAS, Iowa Code §414.5 (20 %cacud vides that the City of Iowa City may impose reasonable conditions on granting an aps rezo� /Ing request, over and above existing regulations, in order to satisfy public needs by the requested change; and WHEREAS, the Owner acknowledges t ` t certain conditions and restrictions are reasonable to ensure the development of the pro y is consistent with the Comprehensive Plan and the need for infrastructure improvements;n WHEREAS, the Owner agrees to develop this /prope in accordance woh the Terms and conditions of a Conditional Zoning Agreement. , NOW, THEREFORE, in consideration of the mutual prom) es contained tet-,ein, the parties agree as follows: BFDJ Holdings LLC is the legal title holder of the property legally escribed as: A PORTION OF THE NORTHWEST QUARTER OF THE S UTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, O THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED S FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF 1 E RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT N EASTERLY RIGHT OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG S ID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LIN OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26. 6 FEET; THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, LONG SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 43.73 FEET; THENCE S00 014'5 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14, RAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. ppdadm 1agt/rez13 -00007 ruppert rd and hwy 1 draft cza ordinance.doc The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South Central district plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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. 2. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Ruppert R� sidewalk: To ensure safe pedestrian access to the subject property, construction o \en lk along the property's frontage with Ruppert Road, with a connection to thction with Highway 1 West and curb ramps at the intersection. b. Highway 1 side applicant and o ner will pay the cost of sidewalk installation along the Highwtage to allow t City to install the sidewalk when a sidewalk is installed on otrties along th Highway 1 frontage. 3. The Owner, Applic Cit ackn wledge that the conditions contained herein are reasonable conditiopos on a land under Iowa Code §414.5 (2011), and that said conditions sati nee hat are caused by the requested zoning change. 4. The Owner, Applicant and City c owledge that in the event the subject property is transferred, sold, redeveloped or s divided, all redevelopment will conform with the terms of this Conditional Zoni Agree \1a 5. The parties acknowledge t at this Cooning Agreement shall be deemed to be a covenant running with a land and to the land, and shall remain in full force and effect as a covena with title to unless or until released of record by the City of Iowa City. The parties further knowledge that this agreem t shall inure to the benefit of and bind all successors, re esentatives, and assigns of the rties. 6. The Owner a Applicant acknowledge that noth' g in this Conditional Zoning Agreement sh I be construed to relieve the Owner or A licant from complying with all other applica a local, state, and federal regulations. 7. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference i to the ordinance rezoning the subject property, an that upon adoption and publicatioV of the ordinance, this agreement shall be recorded the Johnspn County Recorded- Office at the Applicant's expense.N; Dated this day of , 2013. - - C- CITY OF IOWA CITY - ppdadm /agt/rez13 -00007 ruppert rd and hwy 1 draft cza ordinance.doc 2 Matthew J Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved b\ City Attorney's Office CITY OF IOWA CITY AC N STATE OF IOWA ) ) ss: JOHNSON COUNTY ) DGEMENT: This instrument was acknowledged 1 current mayor] and Marian K. Karr as CORPORATE ACKNO EDGEMENT: STATE OF IOWA ) ss: JOHNSON COUN ) By: By: me on , 2011 by [name of and City Clerk, respectively, of the City of Iowa City. N ary Public in and for the State of Iowa (Sta or Seal) Title (an Rank) This instrumeyd was acknowledged before me on as 2011 by of , Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agt/rez13 -00007 ruppert rd and hwy 1 draft cza ordinance.doc 3 �y1 me on , 2011 by [name of and City Clerk, respectively, of the City of Iowa City. N ary Public in and for the State of Iowa (Sta or Seal) Title (an Rank) This instrumeyd was acknowledged before me on as 2011 by of , Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agt/rez13 -00007 ruppert rd and hwy 1 draft cza ordinance.doc 3 INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. gym, Notary Public in and for the State -0f Noway, My commission expires: 0 X. LIMITED LIABILITY COMP Y ACKNOWLEDG MENT: STATE OF IOWA ), ss: JOHNSON COUNTY ) On this day of Public in and for the did say that the person is said limited liability company act and deed of said limited liabil /.D. 20 , before me, the undersigned, a Notary State of Iowa, personally appeared me personally known, who being by me duly sworn, (title) of d that d instrument was signed on behalf of the by a thority sai of its managers and the said edged the xecution of said instrument to be the voluntary mpany by i voluntarily executed. Notary Public in and for the State of Iowa My commission expires: PARTNERSHIP CKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of 120 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of , an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the ppdadmlagt/rezl3 -00007 ruppert rd and hwy 1 draft cza ordinance. doc 4 instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm /agt/rez13 -00007 ruppert rd and hwy 1 draft cza ordinance.doc 5 r.. sc Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC13- 00002) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET AND OAKCREST STREET. (VAC13- 00002) WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), is redeveloping the property at the northwest corner of West Benton Street and George Street for an expansion of Oaknoll retirement campus; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting 20 feet above grade for a 30' x 60' section of the George Street right -of -way to allow for construction of a skywalk to connect the existing Oaknoll campus with the new campus; and, WHERE, the applicant has also requested vacation of subterranean rights for portions of George Street beneath the proposed skywalk for the purpose of installing footings for the skywalk piers; and WHEREAS, the skywalk would improve pedestrian circulation for workers and elderly residents at Oaknoll, who may encounter safety risks when crossing George Street and moving between the existing buildings and the new building; and WHEREAS, the skywalk would also afford Oaknoll workers and residents shelter from inclement weather when crossing George Street; and WHEREAS, the proposed skywalk would be built at least 20 feet above ground, which would not impede vehicular or pedestrian street -level circulation; and WHEREAS, the impact of the proposed skywalk on light, air and open space would be minimal and not be significantly detrimental to the views of nearby residents and pedestrians, given that the proposed skywalk would be built at least 20 feet above grade, and that the landscaping plan for the new campus indicates La substantial amount of trees and green space to be provided between the buildings; and WHEREAS, to ensure the impact of the proposed skywalk on light, air and open space would be minimal, the applicant has agreed to staff approval of the design of the skywalk; and WHEREAS, the Planning and Zoning_ Commission has the reviewed the proposed vacation of air rights and subterranean rights and has recommended approval of the application subject to.City staff approval of the design of the skywalk. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates air rights and subterranean rights to that portion of public right -of -way described as follows: DESCRIPTION . AIR RIGHTS VACATION That part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1020' West 222.5 feet along the Westerly right -of -way line of George Street (assumed bearing for this description only) to the point of beginning; thence continuing North 1 °20' West 30.0 feet along said Westerly right -of -way line; thence North 88 °40' East 60.0 feet to a point of intersection with the Easterly right -of -way line of said George Street; thence South 1'20' East 30.0 feet along said Easterly right -of -way line Ordinance No. Page 2 thence South 88 040' West 60.0 feet to the point of beginning and containing 1,800 square feet more or less. The vacated air rights will begin at a height of 20 feet above the grade of the pavement at the center of the above description and extend to a height 38 feet above said grade. DESCRIPTION SUBTERRAINEAN RIGHTS VACATION That part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1. 020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed bearing for this description. only) to the point of beginning; thence continuing North 1 °20' West 20.0 feet along said Westerly right -of -way line; thence North 88 040' East 5.25 feet; thence South 1'20' East 20.0 feet; thence South 88 °40' West 5.25 feet to the point of beginning and containing 105 square feet more or less. The vacated subterranean rights will extend from the surface to a depth of 75 feet. AND that part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed bearing for this description only); thence North 880 40' East 60.00 feet to a point of intersection with the Easterly right -of -way line of said George Street; thence North 1 °20' West 2.0 feet along said Easterly right -of -way line to the point of beginning; thence continuing North 1 °20' West 20.0 feet along said Easterly right -of -way line; thence South 88 040' West 4.0 feet; thence South 1020' East 20.0 feet; thence North 88 040' East 4.0 feet to the point of beginning and containing 80 square feet more or less. The vacated subterranean rights will extend from the surface to a depth of 75 feet. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and Ordinance No. Page 3 publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/9/2013 Vote for passage: AYES: Hayek. NAYS: Nbne. Second Consideration _ Vote for passage: Date published that the Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, ABSENT: None. C1 To: Planning & Zoning Commission Item: VAC 13-00002 George Street GENERAL INFORMATION: STAFF REPORT Prepared by: Andrew Bassman, Planning Intern Date: March 7, 2013 Applicant: Christian Retirement Services 1 Oaknoll Court Iowa City, Iowa 52246 351 -1720 pheiden @oaknoll.com Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: Robert Downer 122 South Linn Street Iowa City, Iowa 52240 338 -9222 bobd @meardonlaw.com Vacation of air rights To allow for construction of a skywalk to connect the existing Oaknoll campus with the new campus Public right -of -way above George Street 1,800 square feet Public right -of -way, OPD -20 North: residential, RS -8 South: residential, RS -5 East: residential, OPD -20 West: residential, OPD -20 Southwest District Plan: medium- to high- density multi - family February 11, 2013 The applicant, Oaknoll Retirement Services, has requested vacating 1,800 square feet of air rights above the George Street public right -of -way. The vacation would allow the applicant to construct a skywalk connecting the existing Oaknoll retirement campus to a new campus, which is currently under construction. The vacation would begin at least 20 feet above ground. 2 Development Overlay (OPD -20) for the property immediately to the west of the vacation proposal in June 2012. The new campus mentioned above refers to what was specified in the OPD plan: a 69 -unit five -story main building, located between Spring and George Streets, and two duplexes, located on the first three lots north of Benton Street and on the east side of Streb Street, for a total of 73 new independent living dwelling units for the elderly. The OPD plan allowed a waiver on height restrictions in the underlying zone. Building height was allowed to extend to 52 feet at the southeast section of the building. The building has six floors, although, due to the east -west slope of the site, only four floors show above ground at all elevations. An underground parking structure occupies the entire first floor and part of the second floor. The skywalk would connect at the fifth floor (the third floor above ground) on the southeast section of the building, at least 20 feet above ground. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: The public right -of way is an important resource that provides for the movement of pedestrians and vehicles, location of public and private utilities, open space, landscaping, light, air and views. As an important public resource, requests for vacations should be carefully considered according to the following criteria: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Location of utilities and other easements or restrictions on the property; d) Impact on access of adjacent private properties; e) Desirability of right -of -way for access or circulation needs; f) Any other relevant factors pertaining to the specific requested vacation. Vehicular and pedestrian circulation and access to private property: Vacation of air rights would not restrict vehicular or pedestrian circulation. The skywalk would be built at least 20 feet above ground, which would not impede street -level circulation. The skywalk would improve pedestrian circulation for workers and elderly residents at Oaknoll, who may encounter safety risks when crossing George Street and moving between the existing buildings and the new building. The skywalk would also afford Oaknoll workers and residents shelter from inclement weather when crossing George Street. Emergency and utility vehicle access and circulation: The vacation of air rights will not interfere with access for utility and service vehicles. The skywalk will be built at a height allowing for clearance of emergency and other vehicles. Location of utilities: This vacation will not change or impact the location of existing utilities. Impact on access of adjacent private properties: Vacation of air rights would improve the access of adjacent private properties. As mentioned above, the proposed skywalk would facilitate safer crossing for Oaknoll workers and residents between existing and new campuses. Desirability of right -of -way for access or circulation needs: Access to the George Street public right -of -way is very desirable for Oaknoll residents and workers. Safe crossing from the existing campus to the new building is beneficial for the health and welfare of Oaknoll residents. Housing that serves the elderly typically includes special design features to address the unique needs of this population. The Comprehensive Plan supports providing group living options for seniors, a population that has increased by 67% in Iowa City from 2000 to 2010, according to the 3 2010 U.S. Census. At the same time, light, air and open space are also valuable for neighborhood residents and pedestrians. Therefore, the vacation request should be considered carefully. The new and existing campuses already create a corridor effect to some extent, but at such a height, and with the trees and green space already provided between the buildings, staff believes that the impact of the proposed skywalk on light, air and open space would be minimal and not be significantly detrimental to the views of nearby residents and pedestrians. To assure an appropriate design of the skywalk, staff recommends that the vacation of air rights be approved subject to staff approval of the design. STAFF RECOMMENDATION: Staff finds that the proposed vacation meets the criteria for right -of -way vacations. Staff recommends approval of VAC 13-00002, a request to vacate 1800 square feet of air rights above the George Street public right -of -way subject to staff approval of the design of the skywalk. ATTACHMENT: Location Map Approved by:'' "'�,(,�f - /�� Robert Miklo, Senior Planner, Department of Planning and Community Development Planning and Zoning Commission March 4, 2013 - Informal Page 5 of 7 Eastham asked if the staff thought that this use or any other permitted use would have deleterious effects upon any residential area that's within the City limits or future City limits. Miklo responded that it's highly unlikely that this will be annexed as a growth area, and there is no one living near here. Dyer asked if there was a risk because of the flood plain. Miklo replied that was their concern with the Light Industrial Zone. He said almost all the uses allowed in a light industrial zone other than this type of use requires some type of building, and the County will not issue a permit. Cowell added that the permit they are using right now has conditions that once they cease the recycling they will have to take mitigation measures to restore the land. Martin asked how long they have been doing this. Cowell said they got their permit for their sand and gravel operations in 2000, and in 2010 they started the recycling operations, which required a temporary use permit. Miklo said there is a difference in that the sand and gravel operation is extracting the material and the equipment on the site that processes that material is what necessitates the industrial zoning. He said they also recycle concrete, and that's not something the County allows in the Agricultural zone except on a temporary basis. He said the County requires the rezoning to allow this use on a permanent basis. Dyer asked if this sort of recycling wouldn't leave toxic materials in the floodway. Miklo said it requires DNR approval. Dyer said she thought they were limited in their abilities to enforce their regulations these days. Vacation Item VAC13- 00002: Discussion of an application submitted by Christian Retirement Services, Inc. for a vacation of the public right -of -way located on George Street between Benton Street and Oakcrest Street. Miklo reminded the Commission that there was a rezoning application on this property in 2012 that was approved. He said the proposal includes the skywalk connecting the proposed building to the existing one. He said in order to make use of the public right of way, the City Attorney has determined that vacation of that right of way must occur. He said the vacation would start twenty feet above grade so it wouldn't interfere with normal use of the street. He said this vacation would help improve circulation in the area, and the staff recommends approval. Dyer asked why this didn't come up when the property was rezoned. Miklo said in the past skywalks have been approved as a temporary use of the right of way, but there is some question of whether this is temporary and therefore vacation of the air rights is proposed. Code Amendment Items Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as Iowa City Historic Landmarks. Planning and Zoning Commission March 7, 2013 - Formal Page 15 of 18 Vacation Item VAC13- 00002: Discussion of an application submitted by Christian Retirement Services, Inc. for a vacation of the public right -of -way located on George Street between Benton Street and Oakcrest Street. Miklo showed the Commission some exhibits and explained that the vacation will consist of a portion of air rights and rights to use property under the street for footings in order for Oaknoll to construct a skyway between the existing campus and the new construction. He said the skywalk will be at least twenty feet above ground so it won't hinder any public use of the right of way. Swygard said there are several other skywalks in place, and asked if it is typical for them that air rights be vacated. Miklo said for the University skywalk over Dubuque Street, the determination was that Dubuque Street was once a State road so they had the rights to do that. He said for Mercy Hospital and the two county buildings there are use of right of way agreements. Greenwood Hektoen explained that State law states that the City can't convey a permanent interest in the right of way to a private entity. She said the other skywalks either have a public purpose or they have been conveyed to another public entity. She said because this application is solely for private use, the air rights and subterranean rights have to be vacated in order to convey this type of permanent interest. She said the City will still have the surface rights. Eastham asked if vacating the sub - surface rights will affect the ability of the City to rebuild or repair the street. Miklo said it would not. Thomas asked if the rights are actually purchased. Greenwood Hektoen said they are. Freerks opened public hearing. Doug Ruppert, the attorney for Oaknoll, said they held a good neighbor meeting on this issue. Thomas asked if the skywalk had been designed yet. Pat Heiden, the executive director at Oaknoll, said it has been designed and the design for the entire project was shown at the good neighbor meeting. Miklo said staffs recommendation for approval is subject to staff approval of the design of the skywalk. He said staff feels it's important that the City Engineers review the plans. Heiden indicated that Oaknoll is amenable to that recommendation. Freerks closed public hearing. Eastham moved to recommend approval of VAC13- 00002, a request to vacate eighteen hundred square feet of air rights above the George Street public right of way as well as below grade right of way subject to staff approval of the design of the skywalk. Thomas seconded. Freerks said this seems like a necessary way to allow the residents of Oaknoll to access both Oaknoll structures, and it meets the requirements for vacation. A vote was taken and the motion carried 6 -0. L Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319;356 -5234 (VAC1M0002) ORDINANCE NO. ORDINANCE VACATING AIR RI D SUBTERRANEAN RIGHTS FOR= RORTIONS OF PUBLIC RIGHT -OF -WA OCATED GEORGE STREET BETWEEN- BENTON STREET AND OAKCREST REET. (VAC13- 0002) WHEREAS, the applicant, Chris ian Retirement Service ( Oaknoll), is redeveloping the property at the northwest corner of West Benton St et and George Street f r an expansion of Oaknoll retirement campus; and WHEREAS, the applicant has r uested that the City starting 20 feet above grade for a 30' 60' section of the Gec of a skywalk to connect the existing Oa VII campus with the i WHERE, the applicant has also requ sted vacation of SL for the purpose of installing footings for the kywalk piers; and WHEREAS, the skywalk would impro pedestrian ci Oaknoll, who may encounter safety risks w n crossing G) buildings and the new building; and WHEREAS, the skywalk would also afford O nc when crossing George Street; and WHEREAS, the proposed skywalk would be buil vehicular or pedestrian street -level circulation; and WHEREAS, the impact of the proposed skywalk be significantly detrimental to the views of nearby resi would be built at least 20 feet above grade, and tha substantial amount of trees and green space to be p ate and convey to the applicant air rights Street right -of -way to allow for construction campus; and ranean rights for _ feet of George Street lation for workers and elderly residents at ge Street and moving between the existing and residents shelter from inclement weather 20 feet above ground, which would not impede ht, air and open space would be minimal and not nd pedestrians, given that the proposed skywalk a dscaping plan for the new campus indicates a b een the buildings; and WHEREAS, to ensure the impact /THE o d skywalk light, air and open space would be minimal the applicant has agreed to staff approsign of the sk alk; and WHEREAS, the Planning and Zonission has the re ' and the proposed vacation of air rights and subterranean rights and has recoapproval of the ap ication subject to City staff approval of the design of the skywalk. NOW, THEREFORE, BE IT ORDAINE CITY COUNCIL OF T E CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City ty hereby vacates air rig is and subterranean rights to that portion of public right -of -way described : LEGAL DESCRIPTION The air rights beginning 20 fe above the grade of that part George Street ommencing as a point of reference at the Southeast cor er of Lot 5 of a Subdivision in the Northwest Quart r of Section 16, Township 79 North, Range 6 West of th 5th P.M. (Final Plat recorded in Plat Book 4, Page 3 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1 °20' West 222.5 eet along the Westerly right -of -way line of George Street (assumed bearing for this description only) to the poi t of beginning; thence continuing North 1 °20' West 30.0 feet along said Westerly right -of -way line; thence N rth 88 040' East 60.0 feet to a point of intersection with the Easterly right -of -way line of said George Street; hence South 1020' East 30.0 feet along said Easterly right -of -way line; thence South 88 040' West 60.0 f t to the point of beginning and containing 1,800 square feet more or less. And, subterranean rights to... SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Ordinance No. Page 2 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. MAYOR ATTEST: Approvec City Attor Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC13- 00002) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE TREET BETWEEN BENTON STREET AND OAKCREST STREET. (VAC13- 00/ae WHEREAS, the applica `t, Christian Retirement Servicoll), is redeveloping the property at the northwest corner of West Be ton Street and George Street xp sion of Oaknoll retirement campus; and WHEREAS, the applicant as requested that the City nd convey to the applicant air rights starting 20 feet above grade for 30' x 60' section of the Geeet right -of -way to allow for construction of a skywalk to con nect the existin Oaknoll campus with the pus; and WHERE, the applicant has also equested vacation of sean rights for feet of George Street for the purpose of installing footings fo he skywalk piers; anWHEREAS, the skywalk would i rove pedestrian cn for workers and elderly residents at Oaknoll, who may encounter safety risk when crossing G treet and moving between the existing buildings and the new building; and WHEREAS, the skywalk would also affor Oa when crossing George Street; and WHEREAS, the proposed skywalk would be vehicular or pedestrian street -level circulation; and WHEREAS, the impact of the proposed sk be significantly detrimental to the views of nearby would be built at least 20 feet above grade, a substantial amount of trees and green space t b WHEREAS, to ensure the impact of the rop and residents shelter from inclement weather uilt 0 least 20 feet above ground, which would not impede yw n light, air and open space would be minimal and not esid is and pedestrians, given that the proposed skywalk that th landscaping plan for the new campus indicates a e provide between the buildings; and osed skyw on light, air and open space would be minimal the applicant has agreed to staff approval the design of the alk; and WHEREAS, the Planning and Zonin Commission has the viewed the proposed vacation of air rights and subterranean rights and has reco ended approval of the plication subject to City staff approval of the design of the skywalk. NOW, THEREFORE, BE IT ORDAI D BY THE CITY COUNCIL O HE CITY OF IOWA CITY, IOWA: SECTION I VACATION AND ONVEYANCE. The City of Iowa 'ty hereby vacates and conveys air rights to Christian Retirement Se ices air rights to that portion of public ri t -of -way described as follows: LEGAL DESCRIPTION The air rights beginning 2,0 feet above the grade of that part George Street commencing as a point of reference at the Southea corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 Wes of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), to City, Johnson County, Iowa; thence North 1 °20' West 222.5 fe along the Westerly right -of -way line of G orge Street (assumed bearing for this description only) to the point c' beginning; thence continuing North 1 020' West 30.0 feet along said Westerly right -of -way line; thence North 88 040' East 60.0 feet to a point of intersection with the Easterly right -of -way line of said George Street; thence.South 1 °20' East 30.0 feet along said Easterly right -of -way line; thence South 88 040' West 60,feet tR fhe point of beginning and containing 1,800 square feet more or less. - And, subterranean rights to... -- SECTION II. REPEALER. All ordinances and parts of ordinances in conflict wiIto,the pioVisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall bdjudged to be Ordinance No. Page 2 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. SECTION V. RECORDING AND EFFECT. This Ordinance shall be recorded and shall have the effect of conveying the above - described land to Christian Retirement Services. pursuant to Iowa Code Section 354.23. SECTION VI. CONSIDERATION. This vacation and conveyance is being made in consideration for $31,795. L Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14 OF THE ZONING CODE TO MODIFY THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS. WHEREAS, the Sensitive Areas Ordinance currently specifies that woodland areas designated for protection must include a buffer area that extends 50 feet outward from the trunks of the trees to be preserved; and WHEREAS, this buffer area is intended to protect the trees within the specified retention area; and WHEREAS, since an undetermined number of trees within the designated 50 -foot buffer would be prone to damage during construction the trees within the 50 -foot buffer are not counted toward the woodland retention requirement; and WHEREAS, this buffer method of delineating woodland retention areas is simpler and less time consuming for a developer than conducting an on- the - ground tree survey; and WHEREAS, it makes it more difficult to get credit for preserving trees in narrower, linear woodlands because trees within the 50 -foot buffer are not currently included when calculating the retention area; and WHEREAS, this zoning code amendment would give the developer the option to do a more detailed on- site tree survey that would delineate the drip line of the trees and establish the construction limit line in a location that will more clearly protect the trees they have identified for retention, and thus a 50 -foot buffer would not be necessary; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend 14- 51 -96 -1b by deleting the existing paragraph and substituting in lieu thereof. b. The plan must also delineate all woodlands that are to be protected according to the Woodland Retention and Replacement Requirements in subsection C, below and all groves that are to be protected. The delineated woodlands must include the required buffer area or, alternatively, must delineate the drip line of trees to be retained as specified in subsection C, below. B. Amend 14- 51 -913-1 by inserting a new subparagraph c as follows, and renumbering the existing paragraphs accordingly: c. The total acreage of woodlands must be listed on the Plan, along with the percentage of woodlands to be disturbed and the percentage that will be retained. C. Amend 14 -51 -9C by deleting paragraph 1 and replacing it with the following: The required woodland area to be retained must include a buffer area that extends 50 feet outward from the trunks of the trees to be preserved, unless otherwise allowed by paragraph 2 below. This buffer area is intended to protect the trees within the specified retention area. Since trees within this buffer area may be prone to damage during construction, they may not be included when calculating the required retention area. Ordinance No. Page 2 D. Amend 14 -51 -9C by inserting new paragraphs 2 and 3 as follows, and renumbering the existing paragraphs accordingly: 2. Alternatively, a 50 -foot buffer area need not be provided if an on -site tree survey is completed and the construction limit line is established at least five feet beyond the drip line of trees to be preserved. The tree survey must identify the species, size and location of trees at the perimeter of the woodland to be protected. Said on -site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the City for verification by the City Forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. 3. All efforts shall be made during construction to protect the woodlands and groves designated for retention, including placement of durable fencing or other sturdy barrier along the designated construction limit line. E. Amend 14- 51 -9C -2 by deleting the existing paragraph, substituting in lieu thereof the following, renumbering it as paragraph 4, and renumbering the subsequent paragraphs accordingly: 4. If the City determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted. At the discretion of the City, replacement trees may also be allowed in cases where woodlands are determined to be of low quality, such that planting replacement trees would improve the health of a wooded area or create a new grove or wooded area of higher quality. One tree must be planted for every 200 square feet of woodland removed from the otherwise required retention area. Existing healthy trees (not located within the woodland) may be counted as replacement trees, at the discretion of the City, based on the health, species, maturity, location, and likelihood of survival during and after construction. Existing trees approved for preservation will count toward the required replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards. F. Amend 14- 51 -9C -6 (currently 14- 51 -9C-4) by deleting the existing paragraph in its entirety and substituting in lieu thereof: 6. Replacement trees must be approved by the City, and to the extent possible, should be of the same or equivalent species as the trees being removed, unless it is determined that the trees being removed are of a species that is considered low quality. In such a case, alternative tree species will be considered by the City. G. Amend 14 -51 -9D by deleting paragraph 1, inserting the following paragraphs, and renumbering the subsequent paragraphs accordingly: Woodlands, groves, and existing trees designated for protection according to the approved Sensitive Areas Site Development Plan, shall be protected from construction activity with durable fencing or other sturdy barrier approved by the City. Said protective fencing shall be placed a minimum of 5 feet beyond the drip line of the tree or trees to be preserved. Additional spacing of protective fencing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. The drip line is an imaginary circle that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line encompasses the ground area under the entire spread of the tree canopy. 2. Measures must be taken to protect and retain groves of trees, as defined in this Title, to the extent practicable. Ordinance No. _ Page 3 3. Trees preserved within groves may be counted as replacement trees, if it is determined that the required woodland retention ratio on a site cannot be met as allowed in paragraph CA, above. Preserved trees within groves may count toward replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2013. MAYOR ATTEST: CITY CLERK Aed by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration Vote for passage: Mims. NAYS: Second Consideration _ Vote for passage: Date published 4/9/2013 that the AYES: Payne, Throgmorton, Champion, Dickens, Dobyns,Hayek, NBne. ABSENT: None. 6c- City of Iowa City MEMORANDUM Date: March 7, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code amendments to refine requirements for delineating and preserving woodland areas To protect trees during construction, the standard method is to keep construction activity outside the drip line of the trees being preserved. The drip line is an imaginary line that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line basically encompasses the entire canopy spread of the tree and the root zone from the trunk outward to that that imaginary line. The Sensitive Areas Ordinance (Article 14 -51 of the Zoning Code) currently specifies that woodland areas that are designated for protection must include a buffer area that extends fifty feet outward from the trunks of the trees to be preserved. This buffer area is intended to protect the trees within the specified retention area. The committee that drafted the original ordinance chose the 50 -foot buffer requirement as a simpler alternative to requiring a more detailed on -site survey of the trees and their respective drip lines. Since an undetermined number of trees within the designated 50 -foot buffer would be prone to damage during construction the trees within the 50 -foot buffer are not counted toward the woodland retention requirement. This buffer method of delineating woodland retention areas is simpler and less time - consuming for a developer than conducting an on- the - ground tree survey. However, it makes it more difficult to get credit for preserving trees in narrower, linear woodlands because trees within the 50 -foot buffer are not included when calculating the retention area. In such a case, allowing the developer the option to do a more detailed on -site tree survey that would delineate the drip line of the trees and establish the construction limit line in a location that will more clearly protect the trees they have identified for retention, a 50 -foot buffer would not be necessary. This alternative method of delineation and protection may serve to encourage developers to preserve more of the trees within narrow, linear woodlands. Therefore, staff recommends inserting this alternative method into the ordinance as in option. In addition, staff recommends inserting some additional language into the code to provide more direction and flexibility in determining the best options for planting replacement trees in cases where meeting the woodland retention requirement is not possible. Recommendation Staff recommends amending the Zoning Code as indicated on the following page. New language is underlined. Language to be deleted is indicated with strike - through notation. Approved by: '/� Robert Miklo, Senior Planner Department of Planning and Community Development A. Purpose The purpose of regulating development in and around wooded areas is to: Reduce damage to wooded areas, particularly wetlands, steep slopes and stream corridors; 2. Reduce erosion and siltation; 3. Minimize destruction of wildlife habitat; and 4. Encourage subdivision and site plan design which incorporate groves and woodlands as amenities within a development. B. Environmental Review Required 1. A Sensitive Areas Development Plan for property containing regulated wooded areas must include evidence demonstrating that all regulations of this Section will be met. Such plan must include the following information: a. All groves of trees and all woodlands, as these terms are defined in this Article, must be delineated on the plan. b. The plan must also delineate all woodlands that are to be protected according to the Woodland Retention and Replacement Requirements in subsection C, below and all groves that are to be protected. The delineated woodlands must include the required buffer area or alternatively must delineate the drip line of trees to be retained as specified in subsection C, below. C. The total acreage of woodlands must be listed on the Plan, along with the percentage of woodlands to be disturbed and the percentage that will be retained. d. Woodland and tree protection methods for proposed development activity shall be shown on any plan or plat required to be submitted prior to commencement of development activity. Protection methods should comply with generally accepted tree protection guidelines and be approved by the City. e. The plan must indicate the location of the planting area for any replacement trees required under this Section. C. Woodland Retention and Replacement Requirements Regulated woodlands must be retained according to the following provisions. The percentage of the regulated woodland that must be retained is specified in Table 5I -1, below according to the underlying base zone. Table 51 -1: Woodland Retention Requirements Base Zone Retention Requirement ID, RR -1 70% RS -5, RS -8, RS -12, RNS -12 50% RM -12, RM -20, RM-44, RNS -20 20% RDP, ORP 20% C and 1 10% 1. The required woodland area to be retained must include a buffer area that extends 50 feet outward from the trunks of trees to be preserved. This buffer area is intended to protect the trees within the specified retention area. Since trees within this buffer area may be prone to damage during construction, they may not be included when calculating the required retention area. 2. Alternatively, a 50 -foot buffer area need not be provided if an on -site tree survey is completed and the construction limit line is established at least five feet beyond the drip line of trees to be preserved. The tree survey must identify the species size and location of trees at the perimeter of the woodland to be protected Said on -site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the City for verification by the City Forester or designee. Additional spacing from the drip -line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection as determined by the City Forester or designee. 3. All efforts shall be made during construction to protect the woodlands and groves designated for retention, includinq_placement of durable fencing or other sturdy barrier along the designated construction limit line. 4. If the City determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted. At the discretion of the City, replacement trees may also be allowed in cases where woodlands are determined to be of low quality, such that planting replacement trees would improve the health of a wooded area or create a new grove or wooded area of higher quality. One tree must be planted for every 200 square feet of woodland removed from the otherwise required retention area. Existing healthy trees (not located within the woodland) may be counted as replacement trees at the discretion of the City based on the health species, maturity, location, and likelihood of survival during and after construction. Existing trees approved for preservation will count toward the required replacement trees at the ratio of substitution stated in Table 5E- 2 within Article 14 -5E, Landscaping and Tree Standards 5. Where it is not feasible to replace trees on -site, replacement trees may be planted to supplement reforestation of an off -site woodland approved by the City. Any designated off -site woodland must be either publicly owned property or property subject to a conservation easement. 6. Replacement trees must be approved by the City, and to the extent possible, should be of the same or equivalent species as the trees being removed, unless it is determined that the trees being removed are of a species that is considered low quality. In such a case, alternative tree species will be considered by the City. 7. Replacement trees must meet the specifications set forth in General Tree Planting Requirements, contained in Article 14 -5E, Landscaping and Tree Standards, and must be secured by a performance guarantee for a period of 12 months. D. Design Standards for Wooded Areas 1. Woodlands, groves, and existing trees designated for protection according to the approved Sensitive Areas Site Development Plan shall be protected from construction activity with durable fencing or other sturdy barrier approved by the City. Said protective fencing shall be placed a minimum of 5 feet beyond the drip -line of the tree or trees to be preserved. Additional spacing of protective fencing from the drip- line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. The drip line is an imaginary circle that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line encompasses the ground area under the entire spread of the tree canopy. 2. Measures must be taken to protect and retain groves of trees, as defined in this Title, to the extent practicable. 3. Trees preserved within groves may be counted as replacement trees, if it is determined that the required woodland retention ratio on a site cannot be met as allowed in paragraph C.4, above. Preserved trees within groves may count toward replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14- 5E, Landscaping and Tree Standards. 4. When other environmentally regulated sensitive features are present in combination with a regulated woodland, the regulations related to all the sensitive areas contained on the property will be considered, with the most stringent regulations applying. 5. To the extent possible, woodlands located on steep or critical slopes or within 100 - year flood plains must be given the highest retention priority when meeting the Woodland Retention and Replacement Requirements. 6. Street rights -of -way, public utility corridors and building sites should be located so as to minimize their impact on woodlands and groves. 7. Where possible, woodlands and groves to be protected should be located within designated public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. Planning and Zoning Commission March 4, 2013 - Informal Page 6 of 7 Miklo said this would be expanding a provision that is currently in the Code. He said the ordinance is designed to allow some flexibility for historic buildings, but to prevent buildings on commercial streets from being converted to residential on the ground floor. He explained the requirement that apply to buildings that could apply for this exception. He said this applies to several buildings in the Riverfront Crossings area. Discussion of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Miklo explained that current ordinance works by identifying the woodlands that are going to be saved and then you create a fifty foot buffer around that woodland to prevent root damage by excavation. He said there's no credit for those trees in that buffer. He said this proposal offers an alternative that if a developer wants to do a detailed tree survey they would identify the drip line or root zone of the trees to be preserved, which would likely be less than fifty feet. He said this amendment would also allow credit for other trees on the property that are being preserved. Eastham asked what generated the staff's interest in this issue. Miklo replied that it had been on staff's list for some time based on some of the projects that have gone through the sensitive areas review. OTHER ADJOURNMENT: Eastham moved to adjourn. Martin seconded. The meeting was adjourned on a 7 -0 vote. Planning and Zoning Commission March 7, 2013 - Formal Page 16 of 18 Code Amendment Items Discussion of an amendment to Title 14: Zoning Code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as Iowa City Historic Landmarks. Miklo said staff is recommending approval. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to recommend approval of an amendment to Title 14: Zoning code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as Iowa City Historic Landmarks. Weitzel seconded. Freerks said she thinks this is a good idea, and it worked well in the past for the Carnegie Library. She said if we can have adaptive re -use of structures that are important to the community she thinks we should do that. A vote was taken and the motion carried 6 -0. Discussion of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Miklo said staff is recommending approval. Freerks opened public hearing. Freerks closed public hearing. Eastham recommended approval of amendments to Title 14: Zoning Code to modify the process for delineating regulated woodlands and providing more flexibility to count preserved trees and woodlands toward any tree replacement or mitigation requirements. Weitzel seconded. Eastham said this is a really good example of staff responding to issues that come up and trying to administer the Code as it exists and making the necessary improvements and modifications to the Code to make it more flexible and more effective. Freerks added that she hoped there might be some requirements and incentives to keep large, beautiful specimens that otherwise might be overlooked or removed in place. A vote was taken and the motion carried 6 -0. G� t'°w= Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA' 32240; 3?b- 356 =5240 ORDINANCE NO. - ORDINANCE AMENDING TITLE 14 OF THE ZONING CODE TO MODIFY `THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREE= AND C', WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS. C_ WHEREAS, the Sensitive Areas Ordjnance et►� ifies that woodland areas that are designated for protection must include a buffer area that extends 50 feet o and from the trunks of the trees to be preserved; and WHEREAS, this buffer area i intended to protect the trees WHEREAS, since an undete mined number of trees within to damage during construction a trees within the 50 -foot I retention requirement; and WHEREAS, this buffer met d of consuming for a developer than co ucti WHEREAS, it makes it more icy because trees within the 50 -foot buffe ar WHEREAS, in such as case, allo that would delineate the drip line of the more clearly protect the trees they have i( WHEREAS, the Planning and Zoni approval. the specified retention area; and ssignated 50 -foot buffer would be prone are not counted toward the woodland delineating woodlan retention areas is simpler and less time g an on- the - ground ee survey; and t to get credit for Vreserving trees in narrower, linear woodlands not included whe calculating the retention area; and the developer tho option to do a more detailed on -site tree survey rees and establiqb the construction limit line in a location that will tifed for reten ion, a 50 -foot buffer would not be necessary; and 19 'Commission/ has reviewed this ordinance and recommended NOW, THEREFORE, BE IT ORDAINED IOWA: SECTION I. The Code of Ordinances of the A. Amend zoning code subparagraph CITY COUNCIL OF THE CITY OF IOWA CITY, Iowa City, Iowa is hereby amended as follows: 4- 51 -96 -1 b and substituting in lieu thereof: b. The plan must also delinea all w dlands that are to be protected according to the Woodland Retention and Repl cement quirements in subsection C, below and all groves that are to be protected. The elineated w dlands must include the required buffer area or alternatively must delineate t e drip line of t \es o be re tained as specified in subsection C, below. B. Amend zoning code subsecti n article 14- 51 -9adding subparagraph c as follows: c. The total acreage o twoodlands must be listed k the Plan, along with the percentage of woodlands to be distLybed and the percentage that II be retained. C. Amend zoning code s�6tion article 14 -51 -9C by adding paragraph 2 as follows: 2. Alternatively, a 50 -foot buffer area need not be pro 'ded if an on -site tree survey is completed and the construction limit line is established at least five feet beyond the drip line of trees to be preserved. The tree surrey must identify the species, size and location of trees at the perimeter of the woodland to be protected. Said on -site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the City for verification by the City Forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. Ordinance No. Page 2 D. Amend zoning code section article 14 -51 -9C by adding paragraph 3 as follows: 3. All efforts shall be made during construction to protect the woodlands and groves designated for retention, including placement of durable fencing or other sturdy barrier along the designated construction limit line. E. Amend zoning code paragraph article 14- 51 -9C-4 and substituting in lieu thereof: 4. If the City determines that he required woodland area cannot be retained due to site constraints or infrastructure requ ements, replacement trees must be planted. At the discretion of the City, replacement trees m \rea allowed in cases where woodlands are determined to be of low quality, such that pla icement trees would improve the health of a wooded area or create a new grove or o of higher quality. One tree must be planted for every 200 s quare feet of woodland rerom the otherwise required retention area. Existing healthy trees (not located within land) may be counted as replacement trees, at the discretion of the City based on th species, maturity, location, and likelihood of survival during and after construction. Ex approved for preservation will count toward the required replacement trees at the su stitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards. F. Amend zoning code paragraph article 14- 51- 9C -6'�nd substituting1d lieu thereof: 6. Replacement trees must be approved by the Ci , and to a extent possible, should be of the same or equivalent species as the trees being re oved, nless it is determined that the trees being removed are of a species that is considere low uality. In such a case, alternative tree species will be considered by the City. G. Amend zoning code article 14 -51 -9D by adding paragp6pi 1 as follows: 1. Woodlands, groves, and existing trees desig ted fo protection according to the approved Sensitive Areas Site Development Plan/fencin s II be pr ected from construction activity with durable fencing or other sturdp oved by the City. Said protective fencing shall be placed a minimum of 5 feet e drip line of the tree or trees to be preserved. Additional spacing of protectifrom the drip lin (beyond the minimum 5 feet) may be required if needed to protelth of trees speci ed for protection, as determined by the City Forester or designeeline is an imaging circle that could be drawn on the soil around a tree directly e tips of its ou rmost branches. The drip line encompasses the ground are e entire spread of jhe tree canopy. H. Amend zoning code paragraph article 14- 51 -9D -2 and substituting in lieu thereof: 2. Measures must bet en to protect and retain groves of trees, as defined in this Title, to the extent practicable I. Amend zoning c e article 14 -51 -9D by adding paragraph 3 as follows: 3. Trees reserved within groves may be counted as replacement trees, if it is determined that the equired woodland retention ratio on a site cannot be met as allowed in pa raph C.4, above. Preserved trees within groves may count toward replacement -trees E , e ratio of substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and tk Standards. CJ W t- Ordinance No. Page 3 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pdalt4ereof not adjudged invalid or unconstitutional. SECTION IV. EFFEC VE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by la Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 2013. 6f Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00030) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.465 ACRES OF LAND FROM COMMERCIAL OFFICE (CO -1) TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL (RM -44) FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. (REZ12- 00030) WHEREAS, the applicant, Jeff Clark, has requested a rezoning of property located at 821 E. Jefferson Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM -44); and WHEREAS, the Comprehensive Plan, Central District Plan, contains policies and a land use plan map to guide development within the older centrally located neighborhoods; and WHEREAS, the Comprehensive Plan, Central District Plan, has been amended to indicate that high density multi - family residential development is appropriate on this property; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the amended Comprehensive Plan provided that it meets conditions addressing the need for neighborhood stabilization and design compatibility; and WHEREAS, Iowa Code §414.5 (2011) 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 and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Commercial Office (CO -1) to High Density Multi- family Residential (RM -44): A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4 IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. - Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013. MAYOR ATTEST: CITY CLERK AP"ed By City Attomey'S t MCO 3 r73 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/9/2013 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00030) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and 821 Jefferson LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately .46 acres of property located at 821 E. Jefferson Street; and WHEREAS, the Owner has requested the rezoning of said property from Commercial Office (CO -1) to High- Density Multi - Family Residential (RM -44) zone; WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding design of the building and landscaping being consistent with the submitted drawings showing 18 one - bedroom apartment units, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) 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 is consistent with the Comprehensive Plan and the need for neighborhood stabilization; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 821 Jefferson LLC is the legal title holder of the property legally described as: A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4 IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agt/821 jefferson cza draft.doc a. That design of the building and landscaping will be generally consistent with the submitted drawings attached hereto and by reference made part of this agreement. b. No more than 18 one - bedroom apartments shall be constructed on the above described property. 4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 12013. CITY OF IOWA CITY 821 JEFFERSON, L.L.C. Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: �(IAIA N 91JAR04 kmi�� City Attorney's Office ppdadm 1agt/821 jefferson cza draft.doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013, by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 821 Jefferson, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 4� r I' 44" - , 2013, by \.1 j�rr2- C 1"k- as t ub of 821 Jefferson, L.L.C. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agt/821 jefferson cza draft.doc 3 1Aj s KELLIE K. TUTIFLE !z Commission Number 221819 My Co issi E Aires ruv 0 135' -28" 4 C9410!410- u "1.5 ualu r: 554" Proposed 18 -Unit Apartment Building Site Plan of 821 Jefferson Street 821 Jefferson LLC 414 E. Markcr Suss Iowa Cip', 1A 52345 Shdq M"Cam nn U. Fi Fcbmary 14, 2013 UM,I 10' -0" 4 Nv v R 0 m 4 a� r-1 v v 0 ap 00 0 O O N W W 'O f%1 v v O 9 U 000 W E e 4, c0 O y v PG Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240;.A1,9-356-9240 (REZ12- 00030) ORDINANCE NO. y, _ AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.465ACRE$ =_OF LAND FROM COMMERCIAL OFFICE (CO -1) TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL` (RM -44) FOR PROPERTY LOCATED AT 821 E. JEFFER STREET. (REZ124jb30) WHEREAS, the applicant, Jeff Clark, has requested a rezoning o property located at 821 E. Jefferson Street from Commercial Office (CO -1) to High Density Multi - Family Re idential (RM -44); and WHEREAS, the Comprehensive Plan, Central District Plan, cor guide development within theolder centrally located neighborhoods; WHEREAS, the Comprehensive Plan, Central District Plan, density multi - family residential evelopment is appropriate on this I policies and a land use plan map to been amended to indicate that high ty; and WHEREAS, the Planning d Zoning Commission has t reviewed the proposed rezoning and determined that it complies with he amended Comprehensiv Plan provided that it meets conditions addressing the need for neighborho stabilization and design c patibility; and WHEREAS, Iowa Code §414.5 ( S_ provides that t City of Iowa City may impose reasonable e conditions on granting an applicant's r oning request, ov r and above existing regulations, in order to satisfy public needs caused by the requesOkd change; and WHEREAS, the owner and applicant has a reed tha he property shall be developed in accordance with the terms and conditions of the Conditional ZWiygreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY \frits OUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Co itiongreement attached hereto and incorporated herein, property described below is hereby r lassifi current zoning designation of Commercial Office (CO -1) to High Density Multi- family Re idential A PORTION OF BLOCK 4, OR INAL TOWA CITY ACCORDING TO THE JOHNSON COUNTY RECOR R, THE BE OF WHICH ARE DESCRIBED AS FOLLOWS: LOT 3 AND HE WEST F OT 2, IN BLOCK 4 IN IOWA CITY, IOWA, ACCORDING T THE PLAT . SECTION II. ZONING MAP. ThO building official is hereby authoriz and directed to change the zoning map of the City of Iowa City, low , to conform to this amendment up the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is h eby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between a property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2013. �3 Cw; =6g Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION 14- 46 -4A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, it is in the best interest of the City to allow flexibility in application of zoning rules to encourage the adaptive re -use of historic buildings in order to preserve the history and culture of the community for future generations; and WHEREAS, in order to provide flexibility in preserving the integrity of buildings designated as Historic Landmarks, the zoning code allows a property owner the option to seek a special exception that would allow residential dwelling units on the ground level floor of a Historic Landmark in the Central Business (CB -10) Zone if said building was not originally designed as a storefront commercial building; and WHEREAS, this special exception option is not currently available for Historic Landmark buildings located in the Central Business Support (CB -5) Zone; and WHEREAS, there are historic landmark buildings located in the CB -5 Zone that were not originally designed as storefront commercial buildings, such that it may be appropriate for the Board of Adjustment to consider requests for residential uses on the ground level floor; WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete subparagraph 14- 4B -4A -7e and substitute in lieu thereof: e. C13-5 and CB -10 Exception In the CB -5 and CB -10 Zone, except as prohibited in subparagraph (4) below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (1) The proposed dwelling will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the subject CB -5 or CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -5 or CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front fagade of the building contains ground floor storefront or display windows; and Ordinance No. Page 2 (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. ATTEST: MAYOR CITY CLERK Approved by: ,_dam City Attorney's Office 3 f 3 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/19/2013 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 4/9/2013 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Date published sn Prepared by: Senior Planner, Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00008) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ13- 00008) WHEREAS, the applicant, JMK Holdings — The Vine Tavern, has requested rezoning of a property located at 529 S. Gilbert Street to designate the property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past; and WHERAS, research conducted on behalf of the applicant revealed that this property was built in 1905 as a factory for the Hawthorne Glove & Novelty Co.; and WHEREAS, the Historic Preservation Commission and State Historical Society have determined that it is worthy of preservation; and WHEREAS, this property is located within the Riverfront Crossings District; and WHEREAS, The Riverfront Crossings Master Plan, an element of the Comprehensive Plan, encourages the preservation of historic properties within the District; and WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic Landmark to be in compliance with the Comprehensive Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as an Iowa City Historic Landmark: LEGAL DESCRIPTION THE N 35.72' OF LOT 8 & S 12.5' of LOT 7 BLOCK 5 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, 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 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. MAYOR ATTEST: CITY CLERK Approved by I /I A 11,4A C y Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/19/2013 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 4/9/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published 6i Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 13 -4519 AN ORDINANCE AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING DEVELOPMENT IS REGULATED WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide future uses and development in a direction consistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regulations while also providing for flexibility and relief from the strict application of zoning provisions so that properties can continue in productive use over time; and WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended to provide flexibility and in some cases relief from the current site development standards for nonconforming property as they redevelop, expand, or change uses over time; and WHEREAS, while recent changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, including screening and buffering parking areas, outdoor storage areas, and display lots from public sidewalks and neighboring properties, there are many older properties that are noncompliant with these new standards; and WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances from the strict application of new site development standards that would not be feasible or practical or would unduly reduce the ability to use or re -use a property due to topography, location of existing buildings, or other site constraints. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting paragraphs 14- 4E -8A -2 and 14- 4E -8A -3, and substituting in lieu thereof: 2. Alterations When structural alterations are made to a building or buildings on a property that contains nonconforming development, and said structural alterations result in an increase in the occupancy load of a building or increase the number of bedrooms, number of dwelling units, or otherwise increase the allowable residential occupancy of a building, the site must be brought into conformance with the development standards listed in subparagraph b., up to the cap stated in subparagraph c. Certain structural alterations are exempt from the requirements of this paragraph as listed in subparagraph a., below. a. Exemptions Improvements for fire, life safety and accessibility shall not trigger a requirement to bring nonconforming development into compliance. b. Standards that must be met Development not in compliance with the development standards listed below Ordinance No. 13 -4519 Page 2 must be brought into conformance or be granted a minor modification. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints, may be modified or waived by minor modification. The City, at its discretion, may also waive or modify by minor modification any standards that cannot be met due to a conflict with any other requirement of this Title. (1) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along street -side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints; (2) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas from the Iowa River or from any Parks and Open Space Use, including trails, according to the applicable screening standard. Setback requirements may be modified to address site constraints; (3) Outdoor lighting standards; (4) Bicycle parking requirements; (5) Street and residential tree requirements; (6) Design, layout, landscaping, and tree requirements within parking areas; (7) Pedestrian circulation standards; (8) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along side or rear lot lines. Setback requirements may be modified to address site constraints; (9) Access management standards. C. Cap on the cost of compliance. The standards listed in subparagraph b. must be met for the entire site. However, where the cost of compliance with the standards enumerated in subparagraph b above exceeds 10 percent of the value of the applicable structural alterations, the site shall be brought into compliance with all site development standards up to this 10 percent cap. The value of the alterations is based on the entire project, not individual building permits. It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than 10 percent of the value of the proposed structural alterations to the building or buildings on the site. If not all site improvements are being made, due to the cost exceeding the cap, the extent and location of the site improvements below the cap will be determined by the City and shall generally follow the order of priority listed in subparagraph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to specific site characteristics and traffic safety concerns in order to maximize the benefits of site improvements for site users, adjacent properties, and the public. Ordinance No.13 -4 S t 9 Page 3 3. Damaged, Demolished or Destroyed Site a. Restoration of a structure, which has been damaged by fire, explosion, act of God or by a public enemy shall not trigger a requirement to bring nonconforming development into compliance. b. When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14 -5. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 9th day of Anril , 2013. MAYOR Appr ved by ATTEST: CITY CLERK City Attorney's Office,,, Ordinance No, 13-4_519 Page 4 It was moved by Payne and seconded by Mims Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion X— Dickens x Dobyns _ x Hayek x Mims x Payne X— Throgmorton that the First Consideration 3/5/2013 Vote forpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 3/19/2013 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 4/18/201 M41 04 �6' Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 13 -4520 AN ORDINANCE AMENDING SECTION 14 -413-12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT WHEREAS, the City Council has recently adopted the Towncrest Design Review District and the Riverfront Crossings District Master Plan, and these districts share a common goal of facilitating the revitalization and redevelopment of an underutilized city area; and WHEREAS, the intent is to adopt policies and regulations that will provide the opportunity for transforming these areas from an auto - oriented development pattern to a more walkable urban pattern; and WHEREAS, where residential uses are adjacent to or located on upper floors above commercial uses, it is important to ensure externalities associated with commercial activity are mitigated as much as possible, and outdoor storage and work areas, exterior lighting, parking areas, and drives need to be carefully located and screened; and WHEREAS, integrating auto - oriented uses, such as Quick Vehicle Servicing Uses (gas stations and similar) into Riverfront Crossings and Towncrest in a manner that is compatible with the new vision for these areas as pedestrian- oriented with a mix of residential and commercial uses presents unique challenges; and WHEREAS, Quick Vehicle Servicing Uses are already allowed in two of Iowa City's more urban zoning districts, the Central Business Support (CB -5) and Central Business Service (CB -2) zones, but must comply with the Central Business Site Development Standards that require urban street frontages with buildings located close to the street with parking and vehicle service areas located to the side or rear; and WHEREAS, the same urban standards for Quick Vehicle Servicing Uses in the CB -5 and CB- 2 zones should be applied to these uses in the Riverfront Crossings and Towncrest Districts; and WHEREAS, because detailed design plans for both the Riverfront Crossings District and Towncrest identify specific goals and objectives for these areas, Quick Vehicle Servicing Uses should be carefully considered through a special exception process that will allow the Board of Adjustment to consider the unique characteristics of each site proposed for these uses to ensure compatibility with the goals and objectives of these design plans; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 14- 4B -4B -12 and substitute in lieu thereof: 12. Quick Vehicle Servicing a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right -of -way to the S2 standard Ordinance No. 13 -4520 Page 2 and to the S3 standard along any side or rear lot line that abuts a Residential Zone boundary (See Article 14 -5F, Screening and Buffering Standards). b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. C. Unenclosed canopies over gas pump islands must be setback at least 10 feet from any street right -of -way. Fuel dispensing equipment must be setback at least 10 feet from any street right -of -way and at least 100 feet from any Residential Zone boundary, except in the CB -2 Zone. In the CB -2 Zone, fuel dispensing equipment must be setback at least 10 feet from any street right -of- way and at least 70 feet from any Residential Zone boundary. d. All lighting must comply with the provisions of Article 14 -5G, Outdoor Lighting Standards. e. In the CN -1, CB -2, and CB -5 Zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent Residential Zones. f. In the CN -1, CB -2, and CB -5 Zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another Quick Vehicle Servicing Use. The car wash must be located adjacent to and on the same property as the other Quick Vehicle Servicing Use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a Residential Zone boundary. g. In the CN -1 Zone, no light source on the property, except for internally lit signs, shall be higher than 15 feet above finished grade. h. For properties located in the Towncrest Design Review District, as shown on the Towncrest Design Review District Map in 14- 3C -2A -9, and the Riverfront Crossings District, as shown in Figure 2C.8„ Quick Vehicle Servicing Uses are only allowed by special exception and must comply with the Central Business Site Development Standards, as they would be applied to a property in the CB -5 Zone, except as otherwise allowed by paragraph (i) below. i. For properties located in the CB -2 Zone, CB -5 Zone, Riverfront Crossings District, or Towncrest Design Review District, where it can be demonstrated that the proposed Quick Vehicle Servicing Use cannot comply with a specific Central Business Site Development Standard, the Board of Adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standard is not unduly compromised. The Board of Adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. B. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, by labeling Quick Vehicle Servicing Uses as "PR /S" in the columns for the CI -1 Zone, CC -2, Zone, and CB -2 Zone. C. Amend 14 -2C -11 Special Provisions, adding a "Subsection C. Riverfront Crossings District" and Insert the following map of the Riverfront Crossings District within this new subsection and label the map, Figure 2C.8 - Riverfront Crossings District Boundaries: Ordinance No. 13-4520 Page 3 R C� ME I WA 5 7-L WA. rER _L17 7P,4:A MEN T ANT Cr r W 7 z SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. Ordinance No. 13 -4520 Page 4 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 9th day of April , 2013. MAYOR ATTEST: WY-CLERK Appr ved b y 7CG( City Attorney's Office o7 aIA3 Ordinance No. 13 -4520 Page 5 It was moved by Champion and seconded by Mims that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/5/2013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 3/19/2013 Vote for passage: AYES: Mims, Payne, Hayek. NAYS: Ndne. ABSENT: None. Date published 4/18/2013 Throgmorton, Champion, Dickens, Dobyns, Mkt 15 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. 13 -4521 ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY PARKS. WHEREAS, presently parade and public assembly permittees can use amplified sound only if the event is reasonably expected to draw more than 500 persons or occupy a substantial area within City Plaza or a similar area within the downtown and is a community -wide attraction; WHEREAS, although the limitation was designed to limit amplified sound in City Plaza specifically and the downtown generally, it also applies to City parks; and WHEREAS, it is in the City's interest to allow amplified sound in City parks with the approval of the Director of Parks and Recreation Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by adding the following sentence to the end of Subsection F: Notwithstanding the provisions herein, the Director of the Parks and Recreation Department may approve the use of amplified sound in city parks pursuant to written rules. 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 9thday of April , 2013. ` -;k- I A ATTEST: 1C CITY CLERK oved City Attorney Ordinance No. 13 -4521 Page 2 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x x x x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/19/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: NOne. ABSENT: None. Second Consideration _ Vote for passage: Date published 4/18/2013 Moved by Mims, seconded by Payne, 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: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None.