HomeMy WebLinkAbout2015-09-01 Ordinance-15
5a
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00015)
ORDINANCE NO.
AN ORDINANCE REZONING APPROXIMATELY 1.45 ACRES OF PROPERTY FROM COMMUNITY
COMMERCIAL (CC -2) TO RIVERFRONT CROSSINGS — WEST RIVERFRONT (RFC -WR) ZONE
LOCATED AT THE NORTHWEST CORNER OF BENTON STREET AND RIVERSIDE DRIVE (REZ15-
00015).
WHEREAS, the applicant, Kum & Go, L.C., has requested a rezoning of property located at the NW
corner of West Benton Street and South Riverside Drive from Community Commercial (CC -2) to Riverfront
Crossings — West Riverfront (RFC -WR); and
WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an
integral part of the City's Comprehensive Plan and the subject property is located in the West Riverfront
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the Riverfront Crossings — West Riverfront (RFC -WR) Zone was developed to help
implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a
more pedestrian -friendly character along Riverside Drive by enhancing the streetscape and overall
aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind
or to the side of buildings, and creating a place where people can live close to the Iowa River and to
shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in redevelopment that will significantly increase vehicular,
pedestrian, and bicycle traffic to the site at this intersection of two arterial streets, which are currently too
narrow to provide safe pedestrian routes to accommodate this increase in commercial activity; and
WHEREAS, the current site has multiple driveways that access Benton Street and Riverside Drive that
do not meet current access managements standards with regard to vehicular and pedestrian safety and
circulation; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Riverside
Drive and Benton Street rights-of-way to create a larger landscape buffer between the traffic lanes and the
public sidewalk and driveways are consolidated and new access points are located to address public safety
concerns; and
WHEREAS, Iowa Code §414.5 (2015) 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 owners have agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the
requested development to ensure appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Community
Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR):
LEGAL DESCRIPTION
THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY,
IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN
BOOK 58 AT PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA.
And
LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE. EAST 7 1/2
FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE
WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207,
PLAT RECORDS OF JOHNSON COUNTY, IOWA;
Ordinance No.
Page 2
EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED
AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY,
IOWA;
AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA THROUGH
CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15, 1989, RECORDED IN BOOK
1039, PAGE 174, JOHNSON COUNTY, IOWA
And
LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE
PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432, RECORDS OF JOHNSON COUNTY,
IOWA. ALSO A TRACT OF LAND 15 FEET WIDE EAST AND WEST BY 57 FEET LONG NORTH AND
SOUTH ADJACENT TO AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF
CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA.
EXCEPTING THEREFROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107,
IN BOOK 657, PAGE 96 AND IN BOOK 1050, PAGE 414.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office 7/? �/�
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Hartwig Properties, L.L.P., Kum & Go, L.C., and KG Store 422, L.L.C.
(hereinafter collectively referred to as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 1.45 acres of
property located at the northwest corner of Riverside Drive and West Benton Street in Iowa City;
and
WHEREAS, Owners have requested the rezoning of said property from Community
Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding traffic and pedestrian safety, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request over and above existing regulations in
order to satisfy public needs caused by the requested change; and
WHEREAS, the Owners acknowledge that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for traffic and pedestrian safety along these arterial street corridors; and
WHEREAS, the Owners agree to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
Hartwig Properties LLP, Kum & Go L.C. and KG Store 422 LLC are the legal title holders
of the properties legally described as follows:
THAT PORTION OF BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 13 AT PAGE 432,
DEED RECORDS OF JOHNSON COUNTY, IOWA, THAT IS DESCRIBED AS
AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY RECORDED IN BOOK 58 AT
PAGE 37, PLAT RECORDS, JOHNSON COUNTY, IOWA.
And
LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE
EAST 7 1/2 FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING
SAID LOTS 2 AND 3 ON THE WEST, ALL ACCORDING TO THE RECORDED PLAT
THEREOF RECORDED IN BOOK 3, PAGE 207, PLAT RECORDS OF JOHNSON
COUNTY, IOWA;
1 of 5
EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY
WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29,
DEED RECORDS OF JOHNSON COUNTY, IOWA;
AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA
THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15,
1989, RECORDED IN BOOK 1039, PAGE 174, JOHNSON COUNTY, IOWA
And
LOTS 4 AND 5 IN BLOCK 1 CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA,
ACCORDING TO THE PLAT THEREOF RECORDED IN DEED BOOK 13, PAGE 432,
RECORDS OF JOHNSON COUNTY, IOWA. ALSO A TRACT OF LAND 15 FEET
WIDE EAST AND WEST BY 57 FEET LONG NORTH AND SOUTH ADJACENT TO
AND ABUTTING UPON THE WEST END OF SAID LOT 4 IN BLOCK 1 OF
CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, EXCEPTING THEREFROM
THOSE PORTIONS CONVEYED FOR HIGHWAY IN BOOK 229, PAGE 107, IN BOOK
657, PAGE 96 AND IN BOOK 1050, PAGE 414, JOHNSON COUNTY, IOWA.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2015) provides that the City of Iowa City may impose reasonable conditions in
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to the zoning code, as well as the
following conditions to be satisfied prior to issuance of any building permit for the subject
property:
a. Owners shall dedicate a strip of land 10 feet wide along the subject property's entire
Riverside Drive and Benton Street frontage to the City as public right-of-way; and
b. The existing curb cuts to Benton Street shall be closed and no vehicular access along
the Benton Street frontage shall be allowed; and
c. The existing curb cuts to Riverside Drive shall be closed and a new vehicular access
point established in a location away from the Benton Street intersection approved by
City staff; and
d. The existing curb cuts to Orchard Street shall be closed and a new vehicular access
point established in a location that best meets on and off-site traffic safety and
circulation needs, as determined by the City staff.
4. The Owners and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owners 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
2 of 5
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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owners 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 Owner's expense.
Dated this day of , 2015.
CITY OF IOWA CITY OWNERS
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office�25
By: Hartwig Properties LLP
By: Kum & Go L.C.
By: KG Store 422 LLC
3 of 5
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2015 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)
My commission expires:
HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2015
by
of Hartwig Properties LLP.
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
My commission expires:
4 of 5
KUM & GO L.C. ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2015
by
Kum & Go L.C.
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
KG Store 422 LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2015
by
KG Store 422 LLC
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
5 of 5
Ju
To: Planning and Zoning Commission
Item: REZ15-00015
NW corner of S. Riverside Drive
and W. Benton Street
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Karen Howard
Date: August 6, 2015
Applicant: Kum & Go L.C. (Nick Halfhill)
6400 Westown Parkway
West Des Moines, Iowa 50266
(515)226-0128
Contact: Keith Weggen
Civil Design Advantage
3405 SE Crossroads Dr., Suite G
Grimes, Iowa 50111
(515)369-4400
keithw@cda-eng.com
Requested Action: Rezone from Community Commercial (CC -2)
Zone to Riverfront Crossings — West Riverfront
(RFC -WR)
Purpose:
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
File Date:
45 Day Limitation Period:
Development of a convenience store and gas station
in the Riverfront Crossings District
Northwest corner of S. Riverside Drive and W.
Benton Street
1.45 acres
restaurant/vacant; Community Commercial (CC -2)
North: future multi -family development; RFC -WR
South: Commercial; CC -2
East: vacant (proposed restaurant); RFC -WR
West: Residential; RS -8
July 15, 2015
August 29, 2015
BACKGROUND INFORMATION:
The subject property is located in the Community Commercial (CC -2) zone on the Northwest
corner of S. Riverside Drive and W. Benton Street. The property also has frontage on Orchard
Street. The property contains vacant commercial buildings and one small restaurant (Bruegger's
Bagels). Bruegger's is currently working on a plan to build a new store across the street at the NE
corner of Riverside Drive and Benton Street.
2
The subject property is located within the West Riverfront Subdistrict of the Riverfront Crossings
District. Therefore, the recently adopted form -based zoning code for Riverfront Crossings will
apply if the property is rezoned. The applicant is proposing to redevelop the property with a 6,500
square foot convenience store and gas station (Quick Vehicle Servicing), which is a use allowed
by special exception in the West Riverfront Subdistrict.
The applicant has complied with the City's Good Neighbor Program. They held a "good neighbor'
meeting on the evening of Monday, July 27. A number of neighborhood residents and a local
business owner attended the meeting where the applicant displayed their proposed site and
building design, described their project, and answered questions about the proposed
redevelopment of the property.
ANALYSIS:
Current and proposed zoning: The current CC -2 zoning is intended for major retail commercial
areas that serve a significant segment of the community population. The zone is primarily a
commercial zone, but allows upper floor residential uses by special exception. Minimal parking
and building setbacks apply, but parking may be placed between buildings and the street. The
lack of building and parking location standards in the CC -2 Zone has resulted in an auto -oriented
commercial corridor with parking areas located along street frontages and multiple driveways that
interrupt the sidewalk along Riverside Drive, making this corridor inhospitable to pedestrians and
bicyclists.
The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad
mix of commercial and residential uses. Unlike the CC -2 Zone, the Riverfront Crossings code
allows for a variety of building types: commercial, mixed-use, and residential. Buildings must be
oriented toward Riverside Drive and Benton Street with street -facing entries opening onto an
improved streetscape designed to provide a more comfortable and attractive environment for
pedestrians buffered from vehicular traffic. Parking and vehicular use areas must be located
behind or to the side of buildings and screened and buffered from the sidewalk and the street.
Building design standards apply and will be administered through the staff design review process.
These include requirements for streetscape improvements, landscaping, fagade composition and
articulation, storefront window requirements for commercial and mixed-use buildings, prominent
pedestrian entries, and high quality building materials.
The applicant has developed a preliminary site plan and building elevations for the convenience
store and gas station. The form -based zoning code for the Riverfront Crossings — West Riverfront
Zone (RFC -WR) requires that buildings be placed to the front and corner of lots with parking and
vehicular use areas to the rear or side of buildings. This will require the convenience store to be
placed at the corner of Riverside Drive and Benton Street with the parking, gas pumps and
canopy located to the side and rear. Since the building will be located at the corner of two streets
that are designated as "primary" in Riverfront Crossings, storefront windows and pedestrian
entries must be located along these frontages. Gas pumps and canopy will be located north of the
building and will be required to be screened from adjacent properties with landscaping and also
meet any other conditions imposed by the Board of Adjustment to address particular site
conditions. The applicant has included proposed building elevations with their application for
rezoning to illustrate their design intent for the building. The convenience store will offer food
service, so includes both indoor seating and outdoor patio seating with pedestrian entrances on
Riverside Drive and Benton Street.
Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in
January 2013 as an integral part of the City's Comprehensive Plan. The subject property is
located in the West Riverfront Subdistrict of Riverfront Crossings. One of the primary goals for
3
this subdistrict is to encourage redevelopment that will help create a more pedestrian -friendly
character along Riverside Drive and Benton Street by enhancing the streetscape and overall
aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with
parking behind or to the side of buildings, and creating a place where people can live close to
the Iowa River and to shopping, restaurants, and other services. Due to the absence of building
and parking placement standards and few requirements related to building form and design, the
current CC -2 zoning for the property will not ensure that the property will develop in a manner
consistent with the Riverfront Crossings Master Plan. On the other hand, the new form -based
zoning code for Riverfront Crossings is intended to help implement the vision of the master plan
and contains standards for building and parking placement, streetscape improvements, building
form and design, and landscaping and open space requirements.
One of the most important goals for the West Riverfront subdistrict, as stated in the master plan,
is to improve the environment along Riverside Drive and Benton Street to make these streets
safer and more comfortable for pedestrians, bicyclists and motorists. Since the requested
rezoning will result in a considerable increase in vehicular traffic to the site, staff recommends
that existing driveways along Riverside and Benton be consolidated to improve traffic and
pedestrian safety. In addition, since the convenience store with its restaurant component will
attract additional pedestrian and bicycle traffic, staff also recommends that the applicant
dedicate 10 feet of land along both the Riverside Drive and Benton Street frontages of the
property to widen the public right-of-way. The additional land will be used to create a wider
landscaped buffer between the traffic lanes on Riverside Drive and the public sidewalk.
Consolidation of driveways and a wider landscaped parkway buffer along both street frontages
will improve safety for customers whether arriving by car, by foot, or by bicycle. The applicant
has indicated willingness to dedicate the necessary land for widening the right-of-way along
Riverside Drive and Benton Street and for consolidating driveways and locating them in a manner
that will improve traffic circulation and safety. More specific analysis of traffic circulation as is
relates to driveway location is covered later in this report.
For all the reasons stated above, staff finds that the requested zoning (RFC -WR) is consistent
with the City's Comprehensive Plan and will help to facilitate redevelopment that will comply with
the Riverfront Crossings Master Plan, provided that driveways are consolidated and land along
Riverside Drive and Benton Street is dedicated to the City to allow for improvements necessary to
accommodate the increase in both vehicular and pedestrian traffic to this property upon
redevelopment to the Riverfront Crossings- West Riverfront zoning standards.
Compatibility with neighborhood: The proposed convenience store and gas station, if
designed according to the Riverfront Crossings form -based code, will be an improvement to
what is currently an auto -dominated area with traffic circulation that doesn't meet current traffic
safety standards and a streetscape that is largely hostile to pedestrians and bicyclists. The
proposed site design with the commercial building at the corner with pedestrian -oriented street
frontages will provide additional commercial goods and services to local residents as well as to
motorists traveling along these arterial street corridors. Transforming the auto -oriented
commercial strip development along Riverside Drive to a more pedestrian -friendly environment
with a better mix of neighborhood -serving businesses will also benefit the residential
neighborhoods located to the west of the Riverfront Crossings District. The form -based zoning
standards will help to ensure that new buildings are compatible with the vision of the Riverfront
Crossings plan and with surrounding residential neighborhoods. Therefore, staff finds that the
proposed rezoning is compatible with the surrounding neighborhood.
Traffic implications: There are currently two driveway access points from this property to
Riverside Drive, one access drive to Benton Street, and two along Orchard Street. The aerial
photograph below illustrates the existing condition of the site with multiple access points.
4
To improve traffic and pedestrian safety, goals for the West Riverfront subdistrict include
reducing the number of curb cuts along area streets and providing a wider sidewalk that is set
back from street curbs with a wider landscaped buffer from vehicular traffic. The zoning
standards for the RFC -WR zone require parking and service areas to be accessed from alleys
or from secondary streets. It also states that limited access to primary streets may be allowed,
but inappropriately located curb cuts may be required to be closed to improve traffic circulation
upon redevelopment.
The applicant has submitted a site plan (see attached) illustrating that existing drives on
Riverside Drive will be closed and a new driveway will be established located further from the
intersection. The applicant's current site plan also indicates that the existing driveway on Benton
will be closed and a new curb cut further to the west onto Benton is proposed. The plan
illustrates that driveways along Orchard Street would be closed upon redevelopment. The
zoning code indicates that driveway access should be located on secondary streets, in this case
Orchard Street. Due to the nature of this arterial street corridor and the proposed use, it is
reasonable to allow access to Riverside Drive in the general location indicated on the
applicant's site plan. However, the City's transportation planning staff have determined that
driveway access to Benton Street should not be allowed as shown on the submitted site plan
because motorists traveling east on Benton Street would have to cross a double yellow line and
conflict with traffic in the dedicated left turn lane onto Orchard Street. Establishing a driveway in
this location will likely result in traffic accidents and create impediments to traffic flow that may
block the intersections of Benton and Orchard Street and Benton and Riverside. However, staff
finds that limiting access to just one driveway for a convenience store/gas station would be
5
problematic for traffic circulation both on and off site. Therefore, staff recommends that a
second driveway be located onto Orchard Street in a location that best meets traffic safety and
circulation considerations. At the time the packet was mailed, the applicant had not had time to
modify the proposed site plan to address these traffic safety concerns.
The applicant has agreed to dedicate the additional right-of-way along Riverside Drive and
Benton Street and the proposed site plan illustrates the right-of-way dedication and the new
sidewalk location.
STAFF RECOMMENDATION:
Staff recommends approval of REZ15-00015, a proposal to rezone approximately 1.45 acres of
property located at the northwest corner of South Riverside Drive and West Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -West Riverfront (RFC -WR), subject to the
following conditions to address traffic and pedestrian safety issues caused by the subject
rezoning:
• Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of the
property to the City in order to widen the public right-of-way along Riverside Drive and
Benton Street;
• Closure of the existing curb cut on Benton Street;
• Consolidation of the two drives on Riverside Drive into one access point in a location
further from the intersection as determined by the City; and
• Consolidation of the two drives on Orchard Street into one access point in a location that
best meets on and off-site traffic safety and circulation needs as determined by the City.
ATTACHMENTS:
1. Location Map
2. Preliminary site plan and building elevations
3. Correspondence
Approved by:
In
John Yapp, Develop entVervice Coordinator
Department of Neighborhood and Development Services
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Karen Howard
To: Karen Howard
Subject: RE: Rezoning Benton and Riverside - Kum & Go
From: Paula Swygard [mailto:pswygard@gmail.com]
Sent: Tuesday, July 28, 2015 3:16 PM
To: PlanningZoningPublic
Subject: Rezoning Benton and Riverside - Kum & Go
City Staff. Please include this email with the packet for this rezoning when it is sent to the Commissioners.
Dear Commissioners,
I am writing to express my support for the rezoning of the corner of Benton and Riverside. I had the
opportunity to look at Kum & Go's plans during the neighborhood meeting on 7/27/15, and feel that this will
greatly improve and hopefully will help stabilize this corner which as been vacant for too long.
I do have a couple of concerns about the current plans that I hope you will address:
1. My main concern surrounds the proposed curb cut to Kum & Go off of Benton Street. I understand that the
traffic department is currently evaluating the placement of this access. At the time of the neighborhood
meeting, there was no definitive answer as to whether this curb cut will be as placed on the plans that we
saw. Given the large traffic volume on Benton (it would be helpful if you had the numbers from the last traffic
study of this area) and the potential for traffic to back up on Benton as cars wait to turn into Kum & Go, I am
wondering whether it would be better to direct traffic to/from the Kum & Go along the Benton side through
Orchard Street. Ideally, Orchard could be widened to allow a left turning lane onto Benton, however, that may
not be feasible. Since Orchard St will also be serving the new 96 unit apartment complex being built to the
north of the proposed Kum & Go site, it makes the most sense to also use Orchard St. for traffic leaving Kum &
Go rather than having a curb cut and Orchard St. located so closely together on Benton. This also moves traffic
further away to the west from the corner of Riverside and Benton, which I think will make for a safer traffic
pattern. I did forget to ask about the routing and timing of delivery trucks, and their impact on the surrounding
neighborhood properties, and so perhaps this is an area you may want to inquire about.
2. I was assured that the trees in the right of way along Orchard St. would remain intact. As you always do,
please check into the screening of headlights for any parking spaces where headlights would face residential,
whether that is along Orchard or into the new apartment complex.
3. Lighting - please review spill over lighting from the parking lot and the building interior lights at night, and
the canopy heights of the gas pumps for their potential impact on the abutting residential areas.
4. Noise - noise of HVAC, garbage removal, deliveries all have an impact on the residents abutting the store. If
any noise reductions opportunites are available, please keep those in mind.
What I like about the project:
1. Riverfront Crossings development in the West Riverside area will be given a huge bolster with the Kum &
Go relocation and redesign, turning a long vacant eyesore into a place that will provide much
needed neighborhood services.
2. I'm pleased by their stated emphasis on fresh foods and I hope this remains their focus as they will have
many clients from the apartment complex, the neighborhood, and Iowa football-goesrs that will take advantage
of the variety they can offer. As I brought up at the neighborhood meeting, I hope that the square footage
designated for the sale of alcohol does not consume the store, although I know this is beyond the scope of P &
Z, and the neighborhood has no say in this.
3. The building will be LEED certified.
5. The covered outdoor seating along Riverside Dr. will bring a new look and feel to the area, and will
hopefully serve as an example for other businesses looking to redevelop there.
5. Several design aspects including the open look with many windows, the change in signage and building
appearance, and the fact that this design brings the building out to the street to conform with the Riverfront
Crossings plan.
Best wishes as you tackle this rezoning. I'm sure you'll be able to work out any details which will make for a
much improved corner on Benton and Riverside.
Paula Swygard
426 Douglass St.
Iowa City, IA
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 6 of 18
property to the north. Howard said that staff did look at a number of possible configurations for
subdivision layouts to the property to the north and staff felt this street location would be the best
for street patterns to the north.
Eastham added that in terms of wetland mitigation he feels that purchasing a wetland
management area for the applicant is probably better for smaller parcel areas rather than
managing the mitigation on their own.
Freerks agreed and stated that there is a reason the site has been undeveloped for so long, it is
a difficult and challenging area.
A vote was taken and the motion carried 6-0.
i •► ► u : iii
Discussion of an application submitted by Kum & Go, LC for a rezoning from Community
Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone for
approximately 1.45 acres of property located at the northwest corner of W. Benton Street and S.
Riverside Drive.
Howard began the report showing a location map of the area which is at the corner of Benton
Street and Riverside Drive, both arterial streets. The location is in the West Riverfront Subdistrict
of the Riverfront Crossings District. The applicant is proposing to redevelop the property with a
6,500 square foot convenience store and gas station (Quick Vehicle Servicing), which is a use
allowed by special exception in the West Riverfront Subdistrict through an exception if granted by
the Board of Adjustment. The Commission tonight will decide if the zoning is appropriate for the
site. Regardless of the use on the site, proposed gas station or something else in the future,
what is the appropriate zoning for the property. The goals for the West Riverfront Subdistrict is
to create a better corridor for pedestrians and bikes, a more aesthetically pleasing corridor and to
spur economic development along this corridor. Howard showed photos of the area as it exists,
noting that it is not pedestrian or bike friendly or aesthetically pleasant. Kum & Go has agreed to
meet all the Riverfront Crossing Standards and have a preliminary plan to show the Commission
this evening. It is a bit different than a usual gas station design, they are bringing the building to
the corner so it meets the form -based code and is more pedestrian friendly and will have the gas
pumps behind the building. The form -based code will require a number of building and design
standards including storefront windows, building articulation, and pedestrian friendly street
frontage. Kum & Go is also proposing an outdoor seating area on the Riverside Drive frontage
and would put a lot of landscaping along the Orchard Street side of the property. Howard
discussed the traffic issues along this corridor as well as the pedestrian issues. There are
currently entry access areas to the property on Riverside Drive and Benton Street but they do not
meet the current access management standards and present conflicts for both pedestrians and
motorists. So the plan is to consolidate the driveways on Riverside Drive to one access point, to
close the access points on Benton Street, and have a second access point onto Orchard Street
in a location that is deemed appropriate from the City's traffic engineers. The transportation
planners felt an access point on Benton Street would create an unsafe situation.
Staff recommends approval of REZ15-000151 a proposal to rezone approximately 1.45 acres of
property located at the northwest corner of South Riverside Drive and West Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -West Riverfront (RFC -WR}, subject to the
following conditions to address traffic and pedestrian safety issues caused by the subject
rezoning:
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 7 of 18
• Dedication of 10 feet of land along the Riverside Drive and Benton Street frontages of
the property to the City in order to widen the public right-of-way along Riverside Drive
and Benton Street;
• Closure of the existing curb cut on Benton Street;
• Consolidation of the two drives on Riverside Drive into one access point in a
location further from the intersection as determined by the City; and
• Consolidation of the two drives on Orchard Street into one access point in a location
that best meets on and off-site traffic safety and circulation needs as determined by the
City.
Martin asked about the location of the access off Orchard Street. Howard replied that the exact
location and access will be part of the determination when the final site plan is shown to the
Board of Adjustment.
Eastham asked about screening and Howard also said the Board of Adjustment will also review
the screening requirements.
Dyer asked if there was a sidewalk along Orchard Street and Howard replied that there is
currently a sidewalk on Orchard Street.
Eastham asked if the City could do anything to assist the owner with signage to direct customers
to the Orchard Street access since it won't be obvious from either Benton Street or Riverside
Drive that there is access off Orchard Street. Howard said there are standards for directional
signage that will be used.
Eastham also shared a couple of questions he received in a letter from Paula Swygard. One
was in regards to lighting and if the form -based code standards for lighting are adequate for this
type of use and protect disruption to neighboring properties. Howard said the Riverfront
Crossings Plan uses the City Code lighting standards that were just updated in 2005 and for gas
stations there are under canopy standards that lights have to be inset into the canopy and there
is cutoff lighting along the edge of the property so staff feels it is adequate. Eastham also said
Swygard asked about the canopy height. Howard said the applicant could answer that and
additionally the Board of Adjustment will look at those specifics and impose conditions if they see
need.
Dyer asked what the landscaping requirements were on the north side of the property which
would be adjacent to the new apartment buildings being constructed. Howard replied that the
Riverfront Crossings requires S2 screening between properties, however for quick vehicle
servicing properties Staff will be recommending a higher screening standard along that property
line and have discussed it with the applicant and it will be part of the Board of Adjustment
application. Howard said there is a 7 foot setback proposed now, the City requires 5 foot, but
feels the recommendation to the Board of Adjustment will be 10 feet.
Freerks opened the public hearing.
Shavon Harmon (Kum & Go) said the staff report reflects their understanding of the project. She
wanted to note that this new store would be a brand new store type that has not been seen before, it
is a prototype. They hope to build 9 of these type of stores this year, they have 498 stores in their
network. This would be the first Kum & Go to be built in Iowa City as all other stores were
acquisitions of existing convenience stores. The store they are replacing down the street is 40 years
old and the underground tanks are 30 years old, so they are anxious to build this new store. Harmon
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 8 of 18
also noted this new store would be much more pedestrian friendly. There will be a nice patio at the
front of the store on Riverside Drive and there will also be indoor seating and a kitchen with more
fresh food options than in other Kum & Go stores. She also noted stated that all of their new stores
are Leed certified and this store will be so also. In regard to the canopy height, Harmon said the
clear -height on the canopy is 15 feet and will work with a lighting consultant to make sure they meet
lighting codes but it is standard that at the lot lines they are at zero foot candles. As for the
landscaping on the north property line Kum & Go will work with the multi -family building developer
because they also have a landscaping requirement so they will coordinate their efforts to make it look
uniform and it will be double the size of what is required since they will be working together.
Dyer asked about a certain diagonal area on the plan. Harmon said that was the trash enclosure, but
with closing the entrance on Benton Street and moving it to Orchard Street that trash enclosure area
would go away. They need it to be convenient for the trash removal company. Wherever the trash
enclosure area is, it will be enclosed and landscaped appropriately.
Freerks mentioned that the west elevation has no windows and asked if there would be security
cameras in that area. Harmon confirmed yes, they will have security cameras all around the exterior
of the building. She mentioned that it is difficult to have windows on three, let alone all four, sides of a
convenience store due to storage and design.
Dyer asked if there was anything that could be done to enhance the view of the building from that
side, since there would be no windows. Harmon said they may put a statue of their logo there.
Freerks closed the public hearing.
Eastham moved to recommend approval of REZ15-000151 a proposal to rezone
approximately 1.45 acres of property located at the northwest corner of South Riverside
Drive and West Benton Street from Community Commercial (CC -2) to Riverfront Crossing -
West Riverfront (RFC -WR), subject to the following conditions to address traffic and
pedestrian safety issues caused by the subject rezoning:
• Dedication of 10 feet of land along the Riverside Drive and Benton Street
frontages of the property to the City in order to widen the public right-of-way
along Riverside Drive and Benton Street;
• Closure of the existing curb cut on Benton Street;
• Consolidation of the two drives on Riverside Drive into one access point in a
location further from the intersection as determined by the City; and
• Consolidation of the two drives on Orchard Street into one access point in a
location that best meets on and off-site traffic safety and circulation needs as
determined by the City.
Parsons seconded the motion.
Freerks noted that it is nice to see a gas station proposed that is so pedestrian friendly and it will
be good for the neighborhood.
Eastham noted that the applicant has done a good job with adapting their building design to this
location and to bring a new store design to Iowa City.
A vote was taken and the motion carried 6-0.
r.a
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Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 15-(19615)
' **t
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ORDINANCE NO. " "—
co
AN ORDINANCE REZONING APPROXIMATELY 1.45 ACRES OF PROP RTYll MMMY
COMMERCIAL (CC -2) TO RIVERFRONT CROSSINGS — WEST RI V RFRON F R) 1E
LOCATED AT THE NORTHVVf ST CORNER OF BENTON STREET A RIVER DRWE (REZ15-
00015). �
WHEREAS, the applicant, m & Go L.C., has requested a rezo ing of property located at the NW
corner of West Benton Street and outh Riverside Drive from Comm ity Commercial (CC -2) to Riverfront
Crossings — West Riverfront (RFC- ); and
WHEREAS, the Downtown and 'verfront Crossings Master P n was adopted in January 2013 as an
integral part of the City's Comprehens a Plan and the subject operty is located in the West Riverfront
Subdistrict of the Riverfront Crossings Di ict; and
WHEREAS, the Riverfront Crossing — West Riverfron (RFC -WR) Zone was developed to help
implement the vision of the Riverfront Crossi s Master Plan b encouraging redevelopment that will create a
more pedestrian -friendly character along verside Drive by enhancing the streetscape and overall
aesthetics, tempering auto -dominated frontages y locating uildings closer to the street with parking behind
or to the side of buildings, and creating a plac where eople can live close to the Iowa River and to
shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in a evelopment that will significantly increase vehicular,
pedestrian, and bicycle traffic to the site at this inter ction of two arterial streets, which are currently too
narrow to provide safe pedestrian routes to accommo a this increase in commercial activity; and
WHEREAS, the current site has multiple drive ys at access Benton Street and Riverside Drive that
do not meet current access managements stan rds wit regard to vehicular and pedestrian safety and
circulation; and
WHEREAS, the Planning and Zoning Com ission has re 'ewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, rovided land is edicated to the City to widen the Riverside
Drive and Benton Street rights-of-way to cre e a larger landsca a buffer between the traffic lanes and the
public sidewalk and driveways are consolid ed and new access ints are located to address public safety
concerns to allow for the more intensive la use allowed through thi rezoning; and
WHEREAS, Iowa Code §414.5 (2 3) provides that the City f Iowa City may impose reasonable
conditions on granting an applicant's zoning request, over and ab ve existing regulations, in order to
satisfy public needs caused by the re ested change; and
WHEREAS, the owners have a eed that the property shall be devel ed in accordance with the terms
and conditions of the Conditional ning Agreement attached hereto, to s 'sfy public needs caused by the
requested development to ensure ppropriate development in this area of the ity.
NOW, THEREFORE, BE I ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL ubject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described elow is hereby reclassified from its current zoningsignation of Community
Commercial (CC -2) to Riv rfront Crossings — West Riverfront (RFC -WR):
LEGAL DESCRIPTION
THAT PORTIONO BLOCK 1, CARTWRIGHT'S ADDITION, IOWA CITY, IOWA, ACCORDING TO THE
PLAT THEREOF . ECORDED IN BOOK 13 AT PAGE 432, DEED RECORDS OF JOHNSON COUNTY,
IOWA, THAT IS DESCRIBED AS AUDITOR'S PARCEL 2013055 ON PLAT OF SURVEY 4FCORDED IN
BOOK 58 AT PAGE 37, PLAT RECORDS,
JOHNSON COUNTY, IOWA.
And
LOTS 2 AND 3 IN BLOCK 1 IN CARTWRIGHT'S ADDITION TO IOWA CITY, AND THE EAST 7 1/2
FEET OF THAT PART OF THE ALLEY IN SAID BLOCK 1, ABUTTING SAID LOTS 2 AND 3 ON THE
Ordinance No.
Page 2
WEST, ALL ACCORDING TO THE RECORDED PLAT THEREOF RECORDED IN BOOK 3, PAGE 207,
PLAT RECORDS OF JOHNSON COUNTY, IOWA;
EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY WARRANTY DEED DATED
AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29, DEED RECORDS OF JOHNSON COUNTY,
IOWA;
AND ALSO EXCEPTING THAT PORTION ACQUIRED BY TH STATE OF IOWA THROUGH
CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBEr 15, 1989, RECORDED IN BOOK
1039, PAGE 174.
JOHNSON COUNTY, IOWA
And `
LOTS 4 AND 5 IN BLOCK 1 RI
PLAT THEREOF RECORDE IN
IOWA. ALSO A TRACT OF LA D
SOUTH ADJACENT TO AND A
CARTWRIGHT'S ADDITION TO I
EXCEPTING THEREFROM THOS
IN BOOK 657, PAGE 96 AND IN B
iNRIGHT'S ADDITION TO
DEED BOOK 13, PAGE
15 FEET WIDE EAST AN
JTTING UPON THE WE;
WA CITY, IOWA.
ORTIONS CONVEY
5 1050, PAGE 414.
SECTION II. ZONING MAP. The builing official is
map of the City of Iowa City, Iowa, to corqorm to this
publication of the ordinance as approved by I w.
sign, and the City Clerk attest, the Conditiona
City, following passage and approval of this Ord
City Clerk is hereby authorized and directed to
Office of the County Recorder, Johnson Cour
approval and publication of this ordinance, as pr
SECTION V. REPEALER. All ordinances
Ordinance are hereby repealed.
A CITY, IOWA, ACCORDING TO THE
RECORDS OF JOHNSON COUNTY,
VEST BY 57 FEET LONG NORTH AND
END OF SAID LOT 4 IN BLOCK 1 OF
FOR HIGHWAY IN BOOK 229, PAGE 107,
authorized and directed to change the zoning
tment upon the final passage, approval and
VT. The mayor is hereby authorized and directed to
Agreement between the property owner(s) and the
-a. Upon passage and approval of the Ordinance, the
a copy of this ordinance, and record the same in the
i@, at the Owner's expense, upon the final passage,
parts 6( ordinances in conflict with the provisions of this
SECTION VI. SEVERABILITY. If any se tion, provision o\1
invalid or unconstitutional, such adjudicatio shall not affect th
section, provision or part thereof not adjud d invalid or unconsl
SECTION VII. EFFECTIVE DATE. his Ordinance shall
and publication, as provided by law.
in of the Ordinance shall be adjudged to be
validity of the Ordinance as a whole or any
effect after its final passage, approval
Passed and approved this day o
)2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorneys Office
0
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Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00015)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Hartwig Properties LLP (hereinafter "Owner"), Kurrn & Go L.C., and KG
Store 422 LLC (hereinafter "Owner') 1
WHEREAS, Owners are the legal title holders of approximatel 1.45 acres of property
located at the No hwest corner of Riverside Drive and West Benton St et in Iowa City; and
WHEREAS, the Owner/Applicant has requested the rezo ng of said property from
Community Commer 'al (CC -2) to Riverfront Crossings — West Riv ront (RFC -WR); and
WHEREAS, the P nning and Zoning Commission has de rmined that, with appropriate
conditions regarding traffl and pedestrian safety, the request d zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code 4Vie
13) provides tha the City of Iowa City may impose
reasonable conditions on grantilicant's rezoni request, over and above existing
regulations, in order to satisfy publcaused by the equested change; and
WHEREAS, the Owner dges that ertain conditions and restrictions are
reasonable to ensure the develothe prop y is consistent with the Comprehensive
Plan and the need for traffic and psafety a ng these arterial street corridors; and
WHEREAS, the Owner agv op his property in accordance with the terms and
conditions of a Conditional Zoningnt.
NOW, THEREFORE, in consideration of mb u l promises contained herein, the parties
agree as follows:
1. Hartwig Properties LLP, Kum & o L.C. and K tore 422 LLC are the legal title holders
of the properties legally describ d as follows:
THAT PO/TOF
F BLO 1, CARTWRIGH ADDITION, IOWA CITY, IOWA,
ACCORDITHE P T THEREOF RECOR ED IN BOOK 13 AT PAGE 432,
DEED REOF HNSON COUNTY, 10 THAT IS DESCRIBED AS
AUDITOR'EL 2 3055 ON PLAT OF SURVE RECORDED IN BOOK 58 AT
PAGE 37, CO DS,
JOHNSONY, IOWA.
And
LOTS 2 ABLOCK 1 IN CARTWRIGHT'S ADDITION TO I WA CITY,,,kND THE
EAST 7 1/OF THAT PART OF THE ALLEY IN SAID BL 1, IBUTTING
SAID LOT 3 ON THE WEST, ALL ACCORDING TO THE F=D PTHEREOFDED IN BOOK 3, PAGE 207, PLAT RECOR[ FHNCOUNTY, ---
CA)
ry
1 of 5
EXCEPTING THAT PROPERTY CONVEYED TO THE STATE OF IOWA BY
WARRANTY DEED DATED AUGUST 3, 1960, RECORDED IN BOOK 245, PAGE 29,
DEED RECORDS OF JOHNSON COUNTY, IOWA;
AND ALSO EXCEPTING THAT PORTION ACQUIRED BY THE STATE OF IOWA
THROUGH CONDEMNATION PROCEEDINGS FILED OF RECORD DECEMBER 15,
1989, RECORDED IN BOOK 1039, PAGE 174. 1
JOHNSON COUNTY, IOWA
And
LOTS 4 AN 5 IN BLOCK 1 CARTWRIGHT'S ADDITI N TO IOWA CITY, IOWA,
ACCORDING O THE PLAT THEREOF RECORDED IN EED BOOK 13, PAGE 432,
RECORDS O JOHNSON COUNTY, IOWA. ALSO TRACT OF LAND 15 FEET
WIDE EAST AN WEST BY 57 FEET LONG NORT AND SOUTH ADJACENT TO
AND ABUTTING UPON THE WEST END OF S ID LOT 4 IN BLOCK 1 OF
CARTWRIGHT'S A ITION TO IOWA CITY, IOWA.
EXCEPTING THER ROM THOSE PORTIONS CONVEYED FOR HIGHWAY IN
BOOK 229, PAGE 107, N BOOK 657, PAGE 96 A D IN BOOK 1050, PAGE 414.
2. The Owners acknowledge at the City wishes t ensure conformance to the principles
of the Comprehensive Plan, cluding the Wes Riverfront Subdistrict of the Downtown
and Riverfront Crossings Mast Plan. Further the parties acknowledge that Iowa Code
§414.5 (2013) provides that the ity of Iowa ity may impose reasonable conditions on
granting an applicant's rezoning quest, er and above the existing regulations, in
order to satisfy public needs caused y therequested change.
3. In consideration of the City's rezon)Vg the subject property, Owners agree that
development of the subject property wi onform to all other requirements of the zoning
chapter, as well as the following con itio to be satisfied upon redevelopment of the
property:
a. Owners shall dedicate a strip land 10 fee wide along the subject properties' entire
Riverside Drive frontage an along the s ject properties' entire Benton Street
frontage to the City; and
b. The existing curb cuts to Benton Street shall b closed and no access along the
Benton Street frontage s II be allowed; and
c. The existing c/cation
o Riverside Drive shall be cl ed and a new access point
established in aurther from the intersection as termined by the City; and
d. The existing co Orchard Street shall be closed nd a new access point
established in that best meets on and off-site tra 'c safety ard,circulation
needs as deterhe City.
4. The Owners an f city acknowledge that the conditions contained
conditions to impose on the land under Iowa Code §414.5
conditions satisfy public needs that are caused by the requested 2
5. The Owner and Applicant and City acknowledge that in the event
ry
2 of 5
M
prof 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 releed of record by the
City of Iowa City. t I
The parties further a nowledge that this agreement shall inur7tfrorn
a benefit of and bind
all successors,
re
all ntatives, and assigns of the parties.
7. The Owner and App ant acknowledge that nothing inConditional Zoning
Agreement shall be cons ued to relieve the Owner or Appliccomplying with all
other applicable local, stat , and federal regulations.
8. The parties agree that thisConditional Zoning Agreem t shall be incorporated by
reference into the ordinance OK
zoning the subject prope ,and that upon adoption and
publication of the ordinance, t ' agreement shall ber corded in the Johnson County
Recorder's Office at the App lican 's expense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by: /
City Attorney's Office
201
:Itiartwig Properties LLP
By: Kum &\Go L.C.
By: KG Store 422
3 of 5
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowl dged before me on , 2015 by Matthew J.
Hayek and Marian K. Karr as M or and City Clerk, respectively, of he City of Iowa City.
Notary Public in
(Stamp or Seal)
Title (and Rank
My commissi n
for the State of Iowa
expires:
HARTWIG PROPERTIES LLP ACKNOWLED EMEN
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
by (Name(s) of i dividua s) as
(type of a th
of Hartwig Properties LLP.
2015
, such as officer or trustee) of
Notary Public in and f said County and State
(Stamp or Seal)
Title (and Rank)
My commission expires:
►.a
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tea
4 of 5
KUM & GO L.C. ACKNOWLEDGMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
by (Name(s) of individual(s) as
(type of author' y
Kum & Go L.C.
KG Store 422 LLC ACKNOWLEDGMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged
by
KG Store 422 LLC
2015
, such as officer or trustee) of
Notary Public n and for the State of Iowa
(Stamp or eal)
Title (an Rank)
My cory mission expires:
me on \
s) of individual(s) a
(type of aui
2015
Q
is" cs+►
such as CW oausteenf
Notary Public in and for''t
(Stamp or Seal)
Title (and Rank)
My commission expires:
5 of 5
w
State Sf Iowa-
5b
Prepared by: John Yapp, Dev. Srvs. Coordinator, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252
(REZ15-00016)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.85 ACRES OF PROPERTY
ZONED COMMUNITY COMMERCIAL (CC -2) LOCATED BETWEEN WESTBURY DRIVE,
EASTBURY DRIVE AND MIDDLEBURY ROAD, IN ORDER TO AMEND A CONDITIONAL ZONING
AGREEMENT
WHEREAS, the applicant, HD Capital Partners LLC, has requested a rezoning of property zoned
Community Commercial (CC -2) in order to amend a Conditional Zoning Agreement affecting the property;
and
WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan indicates that the
commercial area should be designed with a Town Square or Main Street design to meet the goal to establish
commercial areas that function as neighborhood centers; and
WHEREAS, the applicant has proposed a site design that includes a building along the north side of the
property, with berming, landscaping, benches, street trees and other streetscape features along the
perimeter of the property in order to meet the spirit and intent of the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided it complies with the submitted site concept
plan and the facade of the proposed building is reviewed to ensure compliance with pedestrian -oriented
streetscape goals; and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Community
Commercial (CC -2) to Community Commercial (CC -2):
Lots 42, 43, 44 and 45 of Olde Towne Village, Iowa City, Iowa, according to the plat thereof recorded in
Book 49, Page 321, Plat Records of the Johnson County, Iowa Recorder.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No.
Page 2
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_.
MAYOR
ATTEST:
CITY CLERK
Ap roved by
L
City Attorneys Office g t zv ir�
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 09/01/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens. NAYS: None. ABSTAIN: Dobyns. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: John Yapp, Dev. Srvs. Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Eugene W and Ethel Madison 2008 Revocable Trust (hereinafter "Owner"),
and HD Capital Partners, LLC (hereinafter "Applicant").
WHEREAS, Owner is the legal title holder of approximately 1.85 acres of property
located between Eastbury Drive, Westbury Drive and Middlebury Road; and
WHEREAS, the property is zoned Community Commercial (CC -2) and the Applicant has
requested an amendment to the Conditional Zoning Agreement to allow a site design which is
not in strict conformance with the concept plan which is adopted as a part of the Conditional
Zoning Agreement; and
WHEREAS, the Northeast District Plan, an element of the Comprehensive Plan,
indicates the commercial area should be designed with a main street or town square design,
and emphasize pedestrian -friendly site design in order to create commercial areas that serve as
neighborhood centers; and
WHEREAS, the Applicant has proposed a site design which meets the spirit and intent
of the Comprehensive Plan by including a building along the north side of the property with
berming, landscaping, benches, street trees and other streetscape features along the perimeter
of the property; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding compliance with the submitted site concept plan and staff design review of
the building elevations, the requested zoning is consistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above eAsting 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
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. Eugene W and Ethel Madison 2008 Revocable Trust is the legal title holder of the
property legally described as Lots 42, 43, 44 and 45 of Olde Towne Village, Iowa City,
Iowa, according to the plat thereof recorded in Book 49, Page 321, Plat Records of the
Johnson County, Iowa Recorder.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
ppdadm/agGconditional zoning agreement old town village.doc
of the Comprehensive Plan and the Northeast District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Development will be in substantial compliance with the concept site plan dated August
5, 2015, attached hereto and incorporated herein by this reference; and
b. Prior to issuance of a building permit, the building fagade and elevations must be
approved by the Staff Design Review Committee in order to insure the building is
pedestrian -friendly, paying particular attention to the entrance at the southwest
intersection of Westbury and Eastbury Drives.
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 (2015), 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 , 20_
CITY OF IOWA CITY HD Capital Partners, L.L.C.
Matthew J Hayek, Mayor By: ,rev n
Attest: EUGENE WAND ETHEL MADISON 2008 REVOCABLE TRUST
ppdadm/agtkonditional zoning agreement old town village.doc 2
Marian K. Karr, City Clerk
Approved by:
By: LV14Me� iVIa4MS67" , �vLA5t
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ 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)
HD CAPITAL PARTNERS, LLC ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on � _�_l.q� _2:1 201�' by
as ffin Y% tie of Inc.
No ary Public in and for said County and State
Kpp�,SERMM (Stamp or Seal)
otarial Seal •Iowa1"'"�0 Title and Rankion Expires February 0, 2016 ( )
ppdadm/agt/conditional zoning agreement old town village.doc 3
EUGENE W AND ETHEL MADISON 2008 REVOCABLE TRUST ACKNOWLEDGMENT:
State of'�^' �-
County
This record was acknowledged before me On % (Date)
by M��` °' (Name(s) of individual(s) as
rv� s (type of authority, such as officer or trustee) of
ext e. `s en Zoo (name of party on b half of whom record
was executed). KeV o c '-rya,5;,
Notary Public in and for the State of Iowa
low
� TERESA L. MORROW m
CommissionNumber 149498 (Stamp Or Seal)
y Commission Expires
II - Ry• I,tr
Title (and Rank)
My commission expires: aG�
ppdadm/agt/cond tional zoning agreement old town villege.doc
Prepared by: John Yapp, Dev. Srvs. Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(herei fter "City"), Eugene W and Ethel Madison 2008 Revocable Trust (hereinafter "Owner"),
and HD�apital Partners, LLC (hereinafter "Applicant').
WH EAS, Owner is the legal title holder of approximately 1.85 acres of property
located betwe n Eastbury Drive, Westbury Drive and Middlebury Road; and
WHEREA , the property is zoned Community Commercial (CC -2) an the Applicant has
requested an ame dment to the Conditional Zoning Agreement to allow a ite design which is
not in strict conform nce with the concept plan which is adopted as a rt of the Conditional
Zoning Agreement; artg
WHEREAS, the ortheast District Plan, an element of he Comprehensive Plan,
indicates the commercial ea should be designed with a main reet or town square design,
and emphasize pedestrian -f ' ndly site design in order to create ommercial areas that serve as
neighborhood centers; and
WHEREAS, the Applican as proposed a site des' n which meets the spirit and intent
of the Comprehensive Plan by in uding a building alo the north side of the property with
berming, landscaping, benches, stre trees and other reetscape features along the perimeter
of the property; and
WHEREAS, the Planning and Zonhqg Com Ission has determined that, with appropriate
conditions regarding compliance with the sLXimittyd site concept plan and staff design review of
the building elevations, the requested zoning it, gbnsistent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (201p vides that the City of Iowa City may impose
reasonable conditions on granting a rezoni rag req st, over and above existing regulations, in
order to satisfy public needs caused by th equeste change; and
WHEREAS, the Owner ackno ledges that c ain conditions and restrictions are
reasonable to ensure the developme t of the property i consistent with the Comprehensive
Plan; and
WHEREAS, the Owner a ees to develop this property in ccordance with the terms and
conditions of a Conditional Zon' g Agreement.
NOW, THEREFORE, in c sideration of the mutual promises cont\321,Pla
ein, the parties
agree as follows:
1. Eugene W a Ethel Madison 2008 Revocable Trust is thee holder of the
property leg ly described as Lots 42, 43, 44 and 45 of Olde age, Iowa City,
Iowa, acc ding to the plat thereof recorded in Book 49, PageRecords of the
Johnson ounty,Iowa Recorder.
2. The 00ner acknowledges that the City wishes to ensure conformance to the principles
ppdadm/agUconditional zoning agreement old town village (2).doc 1
of the Comprehensive Plan and the Northeast District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. velopment will be in substantial compliance with the concept site plan dated August
5, 015, attached hereto and incorporated herein by this reference; and
b. Prio to
is
of a building permit, the building fagade and elevations must be
appro d by the Staff Design Review Committee in order to insure the building is
pedestri -friendly, paying particular attention the entrance at the southwest
intersectio of Westbury and Eastbury Drives.
4. The Owner, App ant and City acknowledge th t the conditions contained herein are
reasonable conditio s to impose on the land u der Iowa Code §414.5 (2015), and that
said conditions satisf ublic needs that are c sed by the requested zoning change.
5. The Owner, Applicant a d City acknowled a that in the event the subject property is
transferred, sold, redevel ed%lan
or subdivi ed, all redevelopment will conform with the
terms of this Conditional Zoreem t.
6. The parties acknowledge tCo itional Zoning Agreement shall be deemed to be
a covenant running with thn with title to theland, and shall remain in full force
and effect as a covenant with title the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge/hat this greement shall inure to the benefit of and bind
all successors, representatives and assign of the parties.
7. The Owner and Applicant acknowledge th t nothing in this Conditional Zoning
Agreement shall be constr46d to relieve the Owhqr or Applicant from complying with all
other applicable local, stat9f, and federal regulation
8. The parties agree that this Conditional Zoning Agr ment shall be incorporated by
reference into the ordi nce.rezoning the subject prop , and that upon adoption and
publication of the ord' ance, this agreement shall be re rded in the Johnson County
Recorder's Office at a Applicant's expense.
Dated this day of
CITY OF IOWA CITY
Matthew J Hayek/Mayor
Attest:
20_
HD Capital Partners, L.L.C.
By:
EUGENE W AND ETHEL MADISON 2008
ppdadm/agt/conditional zoning agreement old town village (2).doc 2
TRUST
Marian K. Karr, City Clerk By:
Approved by:
Cit ttorney's Office F1264s-
CITY%OIOWA
CITY ACKNOWLEDGEMENT:
STATss:
JOHNUNTY )
This instrument wacknowledged before me on , 20_ by Matthew J.
Hayek and Marian K. rr as Mayor and City Cler ,respectively, of the City of Iowa City.
HD CAPITAL PARTNE
STATE OF IOWA )
JOHNSON COUNYas
This instrument
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ACKNOWLEDGEMENT:
acknowledged before me \on
as
Notary Public in and
(Stamp or Seal)
Title (and Rank)
ppdadm/agt/conditional zoning agreement old town village (2).doc 3
20_ by
Of , Inc.
said County and State
EUGENE
State of _
County of
AND ETHEL MADISON 2008 REVOCABLE TRUST
This record was
by
was executed).
ged before me on
(Name(s) of ind
NOWLEDGMENT:
(Date)
✓i al(s) as
pe of authority, such as officer or trustee) of
(name of party on behalf of whom record
Notary Public in and for the State of Iowa
(Stamp or Seal)
e (and Rank)
My co mission expires:
ppdadm/agt/conditional zoning agreement old town village (2).doc 4
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ15-00016 Amendment to Olde Towne
Village Concept Plan
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Prepared by: John Yapp
Date: August 6, 2015
HD Capital Partners
711 S Gilbert St
Iowa City, IA 52240
319-354-2233
Duane Musser, MMS
1917 S Gilbert St
Iowa City, IA 52240
319-351-8282
d.musser@mmsconsultants.net
Amendment to Conditional Zoning
Agreement and associated concept
plan for Olde Towne Village
Allow development in compliance with
a revised concept plan
Square block bounded by Westbury
Dr, Eastbury Dr, and Middlebury Rd
1.85 acres
CC -2
North:
Vacant and commercial; CC -2
South:
Residential; OPD -8
East:
Residential; MU
West:
Commercial; CC -2
July 16, 2015
August 30, 1015
In 2001, as a part of an annexation and rezoning of the Olde Towne Village area, the subject
property was zoned to Community Commercial (CC -2). As part of the rezoning, a Conditional
Zoning Agreement was approved which required the property develop in general conformance
with a concept plan (attached), and be designed to create a "Main Street or Town Square style
commercial center" incorporating features such as on -street parking, parking lots behind buildings,
2
and minimal or no building setback from sidewalks
The applicant is proposing a concept plan for a medical clinic which does not conform to the
Conditional Zoning Agreement concept plan. The proposed concept shows a building on the
north side of the property, with a surface parking lot on the southern portion of the property. Staff
has determined that the concept plan differs enough from the adopted Olde Towne Village
concept such that an amendment to the Conditional Zoning Agreement and concept will be
required (see discussion below).
The applicant held a Good Neighbor meeting on July 23. A summary of that meeting is attached.
ANALYSIS:
Current and proposed zoning: The property is zoned Community Commercial (CC -2). The
CC -2 Zone is a general commercial zone which allows retail, restaurants, general and medical
office and personal service uses. The applicant is not proposing to change the base CC -2 Zone.
Comprehensive Plan: The property is part of the Northeast District Plan. The Northeast
District Plan identifies this property as commercial, and states:
This neighborhood center should be developed in a main street or town square design that
ensures its compatibility with the surrounding neighborhood, and provides much-needed
goods and services, such as small restaurants, retail shops, offices, a grocery or
convenience store, and dental and medical clinics. A pedestrian orientation for the center
will incorporate such features as on -street parking, parking lots behind buildings, minimal or
no building setback from the sidewalk ... (page 24, Northeast District Plan)
The proposed medical clinic building land use is clearly a permitted use in the CC -2 zone and
the intent to allow a medical clinic in the commercial center per the Northeast District Plan.
Rezoning conditions should be imposed, however, to insure compliance with the goal for main
street or town square design. Staff believes that the proposed concept plan is consistent with
these goals, provided that the building extends the length of the block and includes entrances
on the street -facing facades, particularly given the round -about feature at the northeast corner
of this block.
Traffic implications: Using data from the Institute of Traffic Engineer's Trip General Manual, a
medical clinic of this size will generate approximately 630 vehicle trips per day, primarily on
weekdays during the day. The street infrastructure serving the Olde Towne Village commercial
area will easily be able to accommodate this traffic; vehicle trips associated with medical clinics
are spread out throughout the day.
Staff notes that in comparison to other potential uses in the CC -2 Zone (retail, restaurant, bank,
etc.) a medical clinic generates fewer vehicle trips than other potential uses. A restaurant or
restaurants of similar size would generate upwards of 1,800 trips per day; a hardware store
approximately 1,000 trips per day; and a mix of specially retail uses approximately 900 trips per
day, according to trip generation estimates.
Parking: Parking spaces will be created/improved on -street and on-site. Parking was a
concern at the neighborhood meeting, in that currently due to the popularity of the restaurants in
Olde Towne Village and lack of available on-site parking, many customers park on nearby
residential streets. Anecdotally, staff has observed customers of the Olde Towne Village
restaurants needing to park several blocks away on residential streets in evening hours. The
additional on -street parking will be available to the general public visiting Olde Towne Village,
and staff from the University of Iowa (who will operate the clinic) has confirmed that the on-site
�3
parking will also be available to the general public in the evening after the clinic has closed
Site Design: The proposed site design features a building along the north property, and a
parking lot on the southern approx. 60% of the property. Staff has determined that because a
surface parking lot is proposed on the southern portion of the property, and buildings are not
proposed to face the street along the Middlebury Rd frontage and portions of the Eastbury Dr
and Westbury Dr frontages, the site plan does not conform with the adopted concept plan.
The original CC -2 rezoning incorporating the concept for Olde Towne Village was adopted in
2001. At that time, the vision was for a neighborhood -serving commercial area which would
contain a variety of uses including restaurants, offices, grocery, offices, medical, and retail uses.
The building proposed for the subject property, with shallow buildings fronting on all four sides
of the block and parking to rear of the buildings in the middle of the block, would be suited for
small retail and personal service shops. As the applicant has noted in their application, in the
past 14 years the property owners have not had success in marketing the property based on the
current concept.
Staff acknowledges that the retail market has changed significantly since 2001, both nationally
and locally. For example, Sycamore Mall has undergone significant changes since 2001 and
the City has entered into two Tax Increment Financing (TIF) agreements in order to maintain
Sycamore Mall, and by extension the south First Ave corridor, as a viable retail commercial
area. While Olde Towne Village has had success in attracting restaurants, offices, financial and
fitness uses, it has not attracted traditional retail uses. The applicant and property owner have
both discussed with Staff the difficulty in attracting small retail shops, and in attracting
businesses to locate in a building designed as shown in the adopted concept plan.
To meet the intent of the comprehensive plan for a 'Main Street' or 'Town Square' style of
development, the applicant has proposed several features on the concept plan to help meet this
goal. These features include:
• Constructing the building close to the property line along Westbury Dr. and at the
northeast corner of the lot, helping to frame the traffic circle at the Westbury Dr /
Eastbury Dr intersection (emphasizing the town square).
• Landscaped berm along the parking lot street frontages
• Short retaining walls (knee walls), benches and seating alcoves around the perimeter of
the site to help define the street frontages, and to help make the perimeter inviting to
pedestrians
• Accent plantings to add color to the perimeter of the site (see attachment)
• Addition of tree islands to the on -street parking on the north, east and west sides of the
site
• Significant setback (25 — 30 feet) of the parking lot from the street frontage
Staff has discussed other options with the applicant such as constructing a narrower building
fronting on two sides of the square, and/or shifting the building to face the west or south side of
the lot. The applicant maintains that because of requirements for the internal design of the
clinic, including areas for private patient exam rooms, circulation of staff, and a waiting area, it is
difficult to design a medical clinic building in other than a rectangular format.
To help meet with goal of a 'main street' design for a modern medical clinic, staff has
recommended a public entranceway to the clinic be included on the northeast corner of the
building near the traffic circle, and another entrance be included near the northwest corner of
4
the building. The applicant has indicated the entrance at the northwest corner will be a staff
entrance. These entrances will accommodate persons parking on -street near the north side of
the building. Staff has also recommended that elements of the building be extended to the west
property line in order to help define that corner. The applicant has indicated they will submit
building elevations showing these changes prior to the Commission's August 6 meeting.
Summary
A medical clinic is a permitted use in the CC -2 Zone, and would be a good addition to the mix of
uses in Olde Towne Village. The applicant has redefined the perimeter of the site to meet the
spirit and intent of the comprehensive plan making the site an attractive addition to the
commercial area through the use of building design, berming, landscaping, seating alcoves, trees
and tree islands, etc. These features help define the perimeter of the site, keep on-site parking
set back from the street and sidewalk, and provide an attractive streetscape. Staff also
acknowledges that the property has remained vacant since the original concept was adopted in
2001, and that the retail market has changed significantly since that time.
STAFF RECOMMENDATION:
Staff recommends approval of REZ15-00016, to conditionally rezone the property to CC -2 subject
to the following conditions:
. Development shall be in substantial compliance with the July 16, 2015 concept plan, and
development shall include a public entrance near the northeast corner of the proposed building,
an entrance near the northwest corner of the building, and the extension of building elements to
the west property line.
(*The applicant intends to provide a concept plan showing these elements prior to P&Z's meeting,
in which case, the recommendation would be substantial compliance with that concept plan.)
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Original Olde Towne Village concept
4. July 16, 2015 conce t plays----�,
5. Summary ood ighbor meeting
Approved
Doug Bort�roy, Dirdc�r r
Departm n of Neighborhood and Developm nt Services
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Summary Report for
Good Neighbor Meeting
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CITY OF IOWA CITY
Project Name: Family Medicine Clinic Project Location: Lots 42-45 Olde Towne Village
Meeting Date and Time: Thurs., July 23 @ 5:30
Meeting Location: Blackstone Restaurant
Names of Applicant Representatives attending: Duane Musser(MMS), Kevin Digmann(Hodge),
Mike Hodge(Hodge), David Kieft (UHIC), Jamie Tolbert(UHIC), Justin Bailey(Invision), Ryan
Anderson(Confluene)
Names of City Staff Rep. attending: John Yapp
Number of Neighbors Attending: 16 Sign—In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Liked landscaping around perimeter of parking lot. Thought U of I Clinic would
be good neighbor and addition to the commercial area. Thought conceptual building elevations
looked good. Liked the on street parking, be good for existing uses. Liked landscape additions in
on street parking. Questions about types of clinic and clinic hours.
Concerns expressed regarding project (attach additional sheets if necessary) -
1. Site lighting location and height of poles
2. Vehicular patterns for patients entering clinic parking lot
3. Ongoing drainage and detention basin issues
Will there be any changes made to the proposal based on this input? If so, describe:
Light pole heights will be reduced. Storm sewer design will do all possible to
reduce runoff and get flows into storm sewer system.
Staff Representative Comments
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Good Neighbor Meeting
July 23, 2015 @ 5:30pm
Rezoning—lots 42-45 Olde Towne Village
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Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 9 of 18
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Discussion of an application submitted by HD Capital Partners, LC for a rezoning in the
Community Commercial (CC -2) zone to amend a previous Conditional Zoning Agreement to
allow building placement different from the adopted concept plan for approximately 1.85 acres of
property located between Westbury Drive, Eastbury Drive, and Middlebury Road.
Yapp explained that this property was annexed and rezoned in 2001 and as part of that rezoning
a conditional rezoning was approved which required general conformance with a concept plan
and be designed to create a "Main Street or Town Square style commercial center" incorporating
features such as on -street parking and parking lots behind buildings. The property is zoned
community commercial and the applicant is not requesting a change from that zoning designation.
They are requesting an amendment to a conditional rezoning agreement. The applicant had
proposed some development concepts for the property and staff determined that they did not
comply with the adopted concept plan and recommended that if the applicant wanted to proceed
they should apply for a rezoning to amend that conditional zoning agreement. Going through this
process also ensures for public comment and input on the proposed design since it is now different
from what was adopted. The adopted concept plan shows buildings on this property fronting on all
four sides of the square, very shallow building depths, and parking in the middle of the property.
The proposed development has been designed with a town square design due to the street
network, but the applicant is proposing a change in the site development. Yapp showed pictures of
the area from various views. The applicant is proposing a medical clinic which would be located on
the northern half of the property. To help meet the spirit and intent of the town square style design
the site is designed with a significant amount of perimeter landscaping, significant setback of the
proposed parking lot (25 — 30 feet from the property line), berming around the perimeter of the
parking lot, and to allow on street parking on two sides of the square and improve the on street
parking on the west side of the property. They would add tree islands along the on street parking
bays as well as street trees along the perimeter of the property. Staff did request the applicant add
additional entrances to the building including an entrance at the round -about. The applicant has
expressed concern with that entrance for privacy and safety concerns since this will be a medical
clinic. Staff still feels a building entrance should be located there, even if it is not a public entrance.
Staff believes the entrances are important because the life of the building will likely outlast the life of
the occupant, or the current use of a medical clinic. So when different uses come into the building
over time it is important to have those additional entrances. Yapp showed images of the elevations
of the proposed building.
Staff recommends approval of REZ15-00016, to conditionally rezone the property to CC -2
subject to conformance of the concept plans shown at the meeting tonight.
Parsons asked about the entrance facing the round -about and if it would be just an emergency
exit or if it was required to also be an entrance. Yapp replied that it must be an emergency exit
due to fire code, and the applicant prefers it be a staff entrance only, with key card access.
Freerks opened the public hearing.
Kevin Digmann (HD Capital Partners) stated that this medical clinic is proposed to be a
University of Iowa Family Practice clinic which will be privately built and furnished and then
leased back to the University so it will be a taxable property. Digmann discussed the reasoning
for the building design and the change from the original concept. The original concept was
narrow skinny buildings but that would not be conducive to the type of clinic the University needs.
The entrance issues are due to HIPPA regulations and safety concerns and to eliminate
confusion with patients on what door to use as an entrance. Digmann stated that the University
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 10 of 18
has worked with the City on the landscape design.
Eastham asked if the architect could go into detail regarding the building elevations.
Kristina Mehmen (Invision Architecture) stated that the elevations shown this evening are very
early renderings and may not totally reflect what the building will look like when complete.
Freerks commented that the proposed structure felt less pedestrian -oriented than the original
proposal for this area.
Mehmen said that the building will be similar to the one being constructed at the North Dodge
location, similar design and materials. There will be limestone and synthetic wood on the
exterior which will give warmth to the building. Mehmen noted that with regards to windows,
there is a balance due to privacy issues with a medical clinic.
Digmann noted that various options could be used to break up the fagade and make the building
more pedestrian friendly.
Hensch asked about parking, noting that area is a high demand parking area at certain hours of
the day and asked if neighboring businesses would be allowed to use the parking lot. Digmann
replied that yes, the intention is to allow neighboring businesses to use the parking lot in
evenings and weekends when the medical clinic is not open.
Dyer asked about the possibility of putting some picnic benches along parking areas. Mehmen
noted that in the image showing the berm landscaping it shows there will be benches along the
berm.
Dyer also noted that the townhouses across the street were not built with the intention of being
across from an institutional building. Digmann noted that the berm would break up the view from
the townhouses to the building. Additionally this new design puts the building 300 feet away
from the townhouses as opposed to 20 feet away. Dyer appreciated that, however feels the
owners of the townhomes were expecting retail and restaurants, not a medical clinic, across the
street. Digmann said they did hold a good neighbor meeting and received positive comments
and feedback.
Digmann also noted that if the original plan was adopted for the narrow buildings the developer
would have to find 10-15 tenants to fill the space and in this small neighborhood area that is
unlikely. Martin agreed as the property has been undeveloped since 2001.
Brian Flynn (Blackstone owner and President of the Old Towne Village Association) said that
when they opened Blackstone in 2007 they expected the area to develop more and feels now
that this proposal is positive for the area. He also feels this will create more pedestrian traffic in
the area, as there is none now.
Freerks agreed and stated that this area of land connects the two existing parts of the area so
that is why the design of the building is so important and that it fits into the neighborhood.
Yapp noted in regards to parking the streets on the north, east and west sides of the project are
private streets so for on street parking the city views it similar to shopping center parking and that
all the parking spaces are available to everybody in the area.
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 11 of 18
Hektoen noted that when the staff report was written they had not received the information on the
site plan so recommends that the approval be conditional on the site plan document and not on
the preliminary renderings or architecture. She said the site plans addresses the concerns about
the access points, entrances, and landscaping.
In response to Commission discussion, Howard said that one option would be to require a design
review as a condition of approval.
Digmann noted that they could bring updated site elevations to the next meeting. Freerks
explained that if the Commission votes tonight, the applicant does not need to come before the
Commission again. If a condition of design review is imposed, then Staff would need to approve.
Eastham asked if it was the same group that was building the clinic on North Dodge Street.
Digmann said it is the same architect and design team but different developer and construction
crew.
Howard noted that both her and Yapp are on the Design Review Committee (a staff committee)
so it would move quickly since they are already familiar with the project.
Freerks closed the public hearing.
Dyer moved to recommend approval of REZ15-00016, to conditionally rezone the property
to CC -2 subject to the following conditions; development shall be in substantial
compliance with the August 5, 2015 concept site plan and design review.
Hensch seconded the motion.
Freerks noted this is a great step to complete this area, and although the area has not developed
as quickly as once thought, what has gone into the area has been really successful.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ15-00017):
Discussion of an application submitted by submitted by Ed Cole for a rezoning to amend a
Planned Development Overlay Plan (OPD/RS-12) to allow the addition of 38 manufactured
housing units to Cole's Community Mobile Home Park located at 2254 South Riverside Drive.
Howard presented the staff report noting that the Commission has heard about this particular
development recently and based on the concerns expressed at previous meetings the applicant
has modified their plan and can speak to those details. One modification is to extend the
sidewalk on the south side of the entry road that will provide a pedestrian connection to the
bus stop, mailboxes and other common facilities with the development. Additionally the issue
with the waiver request for the lot sizes is null as they have reduced the number of
proposed units to accommodate the required lot sizes of 5000 sq. ft. minimum. Finally
they have considered more carefully the storm shelter and have identified two locations
for possible storm shelters and will accommodate the entire park population and can
also be used for community events and such. As mentioned in previous meetings, the
applicant is providing a number of amenities to the residents, a proposed recreation
area and playground. Finally the applicant is proposing screening around the dumpster
area.
Staff recommends approval of REZ15-00017, a rezoning to approve a Preliminary Planned
11
Prepared by: John Yapp, Dev. Srvs. Coordinator, PCD, 410 E. Washington Street, Iowa City,
(REZ15-00016)
AN ORDINANCE CONDITIOI
ZONED COMMUNITY COI
EASTBURY DRIVE AND MID
AGREEMENT
ORDINANCE NO.
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52240'319-356-5252
-i G_�C
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Y REZONING APPROXIMATLEY 1.85 A ` OF�PROR TY
2CIAL (CC -2) LOCATED BETWEEN BIY E,
3URY ROAD, IN ORDER TO AMEND A IONAL ZO NG
WHEREAS, the applicant, HD Cap I Partners LLC, has requested a
Community Commercial (CC -2) in order t amend a Conditional Zoning Agre
and
a
ng of property zoned
affecting the property;
WHEREAS, the The Northeast District Ptun, an element of the
Com
nsive Plan indicates that the
commercial area should be designed with a To Square or Main St;and
WHEREAS, the Conditional Zoning Agreem t for the commerdepicts buildings fronting on all
four sides of the property; and
WHEREAS, the applicant has proposed a site d ign that includding along the north side of the
property, with berming, landscaping, benches, stre trees andreetscape features along the
perimeter of the property in order to meet the spirit and i nt of the Cnsive Plan; and
WHEREAS, the Planning and Zoning Commission has the the proposed rezoning and
determined that it complies with the Comprehensive Plan pr ided itwith the submitted site concept
plan and the facade of the proposed building is reviewed t
streetscape goals; and
WHEREAS, Iowa Code §414.5 (2015) provides that the
conditions on granting a rezoning request, over and above e.
needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed XITY
with the terms and conditions of the Conditional Zonin
development in this area of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE
IOWA:
compliance with pedestrian -oriented
of Iowa City may impose reasonable
I regulations, in order to satisfy public
)rop6rty shall be developed in accordance
ent a ched hereto to ensure appropriate
COUNCIL 1QF THE CITY OF IOWA CITY,
SECTION I APPROVAL. Subject to the Conditiona oning Agreement att
herein, property described below is hereby reclassifi d from its current zon
Commercial (CC -2) to Community Commercial (CC- :
ed hereto and incorporated
designation of Community
Lots 42, 43, 44 and 45 of Oldg/Towne Village Subdivision, Iowa City, IA
SECTION II. ZONING MAP. The buildin/GREEMENT.
tial is hereby authorized and directed t change the zoning
map of the City of Iowa City, Iowa, to conto this amendment upon the final pass e, approval and
publication of the ordinance as approved by
SECTION III. CONDITIONAL ZONING The mayor is hereby authorized cid directed to
sign, and the City Clerk attest, the Condi nal Zoning Agreement between the property owner(s) and the
City, following passage and approval of t ' Ordinance.
SECTION IV. CERTIFICATION A RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorizedVandd'ected to certify a copy of this ordinance, and record the same in the
Office of the County Recordern County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this e, as provided by law.
SECTION V. REPEALER.ances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20_.
Ordinance No.
Page 2
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorneys Office
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c=
C.n
Q
.C-
Prepared by: John Yapp, Dev. Srvs. Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Eugene W and Ethel Madison 2008 Revocable Trust (hereinafter "Owner"),
and HD Capital Partners, LLC (hereinafter "Applicant").
WHEREA , Owner is the legal title holder of approximate 1.85 acres of property
located between E stbury Drive, Westbury Drive and Middlebury Ro ; and
WHEREAS, a property is zoned Community Commercial C-2) and the Applicant has
requested an amend ent to the Conditional Zoning Agreement t allow a site design which is
not in strict conforman with the concept plan which is adopt as a part of the Conditional
Zoning Agreement; and
WHEREAS, the
indicates the commercial
and emphasize pedestria
sast District Plan, and el
should be designed with a
Ldly site design; and
of the Comprehensive Plan
street or Town Square design,
WHEREAS, the Applicant as propoZild�iing
site sign which meets the spirit and intent
of the Comprehensive Plan by in ding a a ng the north side of the property with
berming, landscaping, benches, stre trees and othe streetscape features along the perimeter
of the property; and
WHEREAS, the Planning and Zon1�9
conditions regarding compliance with the s
the building elevations, the requested zoning
ission has determined that, with appropriate
site concept plan and staff design review of
istent with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (20) p vides that the City of Iowa City may impose
reasonable conditions on granting a rezo ng req st, over and above existing regulations, in
order to satisfy public needs caused by th requeste change; and
WHEREAS, the Owner ackn ledges that rtain conditions and restrictions are
reasonable to ensure the developm t of the property I consistent with the Comprehensive
Plan; and
WHEREAS, the Owne/scribed
develop this property in ccordance j#h theHerms and
conditions of a Conditiogreement. x.
NOW, THEREFORE, ition of the mutual promises c taine eir ,the 1ties
agree as follows: [�
1. Eugene W andson 2008 Revocable Trust is the I older-ofthe
property legally s Lots 42, 43, 44 and 45 of Olde Tow Villa Sub I ision,
Iowa City, IA V'
2. The Owner a nowledges that the City wishes to ensure conformance to the principles
of the Corrlprehensive Plan and the Northeast District Plan. Further, the parties
acknowle a that Iowa Code §414.5 (2015) provides that the City of Iowa City may
ppdadmlagt/conditional zoning agreement old town village.doc 1
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Development will be in substantial compliance with the concept site plan dated August
5, 2015
b. The City Staff Design Review Committee will approve the ilding facade and
elevations
4. The Owner, Ap licant and City acknowledge that the conditio contained herein are
reasonable con d ions to impose on the land under Iowa Code 414.5 (2015), and that
said conditions sa 'sfy public needs that are caused by the req ested zoning change.
5. The Owner, Applica t and City acknowledge that in the a ent the subject property is
transferred, sold, red veloped, or subdivided, all redevel pment will conform with the
terms of this Condition I Zoning Agreement.
6. The parties acknowledge hat this Conditional Zoning reement shall be deemed to be
a covenant running with t land and with title to the nd, and shall remain in full force
and effect as a covenant h title to the land, unle or until released of record by the
City of Iowa City.
The parties further acknowledg(
all successors, representatives,
7. The Owner and Applicant ac
Agreement shall be construed to
other applicable local, state, and
8. The parties agree that this Condi
reference into the ordinance rezoni
publication of the ordinance, this a
Recorder's Office at the Applicant's
Dated this day of
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
Marian K. Karr, City
this agreent shall inure to the benefit of and bind
assigns of a parties.
ppdadMagt/oonditional zoning agreement old town village.doc 2
e at nothing in this Conditional Zoning
iOwner or Applicant from complying with all
ulations.
oning Agreement shall be incorporated by
s bject property, and that upon adoption and
lent hall be recorded in the Johnson County
se. a
20_. �
c7
N
By: o
By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
JOHNSON COUNTY )
This instrument was acknowleed before me on , 20_ by Matthew J.
Hayek and Marian K. Karr as Mayo nd City Clerk, respective , of the City of Iowa City.
Notary Publi in and for the State of Iowa
Stamp or eal)
s
Ti a (a d Rank)
HD CAPITAL PARTNERS, LLC ACKNOWL GE ENT:
o
STATE OF IOWA )
�'
) ss:
JOHNSON COUNTY )
This instrument was acknowledge before me on
20_
by
as
of
, Inc.
Notary Public in and f r said County and State
(Stamp or Seal)
Title (and Rank)
ppdadm/agt/conditional zoning agreement old town village.doc 3
EUGENE W AND ETHEL MADISON 2008 REVOCABLE TRUST ACKNOWLEDGMENT:
State of _
County of
This record was acknowledged before me on (Date)
by (Name(s) of individual(s) as
(type of autho ity, such as officer or trustee) of
(name of p rty on behalf of whom record
was executed).
Notary Public'Publick and for the State of Iowa
(Stamp or y bal)
Title (and/Rank)
My coomission expires:
ppdadm/agt/conditional zoning agreement old town village.doc 4
C
r
ca
ppdadm/agt/conditional zoning agreement old town village.doc 4
09-01-15
5C
Prepared by: Katie Gandhi, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
(REZ15-00017)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING TO APPROVE A PLANNED DEVELOPMENT
OVERLAY (OPD) PLAN FOR A MANUFACTURED HOUSING PARK TO ADD 38 -UNITS ON
APPROXIMATLEY 14.36 ACRES OF PROPERTY LOCATED EAST OF RIVERSIDE DRIVE AND
NORTH OF MCCOLLISTER BOULEVARD. (REZ15-00017)
WHEREAS, the applicant, Ed Cole, has submitted a rezoning request to approve a Planned
Development Overlay (OPD) plan for the 38 -unit expansion of the existing 14.36 acre Cole Community
Mobile Home Park located East of Riverside Drive and North of McCollister Boulevard; and
WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 30 -foot perimeter
setback required of manufactured housing parks from the property line to the north, a manufactured housing
park owned by the applicant, from the east, permanent open space owned by the City of Iowa City, and
from the south, where a self-service warehouse facility was recently approved; and
WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 60 feet public
street right-of-way to a 32 feet private street easement and a reduction in pavement width from 26 feet to 22
feet; and
WHEREAS, the Planning and Zoning Commission has recommended approval with appropriate
conditions addressing the need for public safety, adequate pedestrian access and appropriate storm
water management; and
WHEREAS, the applicant will construct a storm shelter in order to meet the need for public safety. The
shelter will contain sufficient capacity for 192 dwelling units based on state guidelines for storm shelters and
final construction plans will be reviewed and approved by staff when a building permit is requested; and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the 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. The property described below is hereby rezoned to Planned
Development Overlay High Density Single Family Residential (OPD/RS12) subject to the Planned
Development Overlay (OPD) plan attached hereto for an expansion of the 14.36 -acre manufactured
house park located in the OPD/RS12 zone east of Riverside Drive north of McCollister Boulevard and
subject to the Conditional Zoning Agreement attached hereto and incorporated herein:
Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section
22, Township 79 North, Range 6 West of the 5th Principal Meridian.
Excepting therefrom the following tract, to wit,
Beginning 202 feet southwesterly from the northwest comer of said Lot 3 of Paden's Resubdivision of Lots
1 and 4 of Charles Subdivision; thence South 85°52' East a distance of 384 feet; thence South 17°10'
West to the original south line of said Lot 3, a distance of 549 feet; thence North 76° West a distance of
215 feet; thence North 5°30' West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40'
East a distance of 142 feet to the place of beginning.
Further excepting the following,
Ordinance No.
Page 2
Beginning at the Southeast comer of said Lot 3 of the Paden's Resubdivision of Lots 1 and 4 of Charles
Subdivision; thence N76°42'52"W, along the southerly line of said Lot 3, a distance of 88.94 feet; thence
N16°31'56"E, a distance of 780.57 feet to a point on the northerly line of said Lot 3, thence S80°01'58"E, a
distance of 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a
point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed
by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa
River; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and is located 193.34 feet, S16°32'12"E, of the previous witness
marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and is located 252.45 feet, S00°38'13"W, of the previous witness
marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12°39'26"W, of the previous witness
mark; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River at its intersection with the southerly projection of the Southerly Line of said Lot 3, which
point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant
westerly of the Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet,
S16°57'57"W, of the previous witness marker; thence from said Mean High Water Mark, N76°42'52"W,
along said southerly line 347.29 feet, to the point of Beginning. Said parcel of land contains 7.17 Acres
more or less and is subject to easements and restrictions of record.
And further excepting the fee simple acquisition described in Condemnation Proceedings recorded in
Book 4202, Page 714 and re-recorded in Book 4244, Page 762.
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 Ill. 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 and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_
MAYOR
ATTEST:
CITY CLERK
App ved 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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 09/01/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Ed Cole (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 14.36 acres of property
located East of Riverside Drive and North of McCollister Boulevard; and
WHEREAS, the Owner has requested the approval of a Planned Development Overlay
(OPD) plan for a 38 -unit expansion of the existing 14.36 acre Cole Community Mobile Home Park;
and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
WHEREAS, the Planning and Zoning Commission has recommended approval with
appropriate conditions addressing the need for public safety, adequate pedestrian access, and
appropriate storm water management; 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 the preservation of public health, safety, and welfare; 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. Ed Cole is the legal title holder of the property legally described as:
Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest
Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian.
Excepting therefrom the following tract, to wit,
Beginning 202 feet southwesterly from the northwest corner of said Lot 3 of Paden's
Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85°52' East a
distance of 384 feet; thence South 17010' West to the original south line of said Lot 3, a
distance of 549 feet; thence North 760 West a distance of 215 feet; thence North 5030'
West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40' East a
distance of 142 feet to the place of beginning.
Further excepting the following,
Beginning at the Southeast corner of said Lot 3 of the Paden's Resubdivision of Lots 1
and 4 of Charles Subdivision; thence N76°42'52"W, along the southerly line of said Lot
3, a distance of 88.94 feet; thence N16031'56"E, a distance of 780.57 feet to a point on
ppdadmlagUconditional zoning agreement rez15-00017 sole's mobile home (2).docx 1
the northerly line of said Lot 3, thence S80001'58"E, a distance of 255.60 feet more or
less, along said northerly line and its southeasterly projection thereof, to a point which is
at the Mean High Water Mark of the Iowa River as it is presently located, which is
witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly
Top of Bank of said Iowa River; thence meandering along said Mean High Water Line to
a point at the Mean High Water Mark of said Iowa River which point is witnessed by a
5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of
said Iowa River and is located 193.34 feet, S16°32'12"E, of the previous witness marker;
thence meandering along said Mean High Water Line to a point at the Mean High Water
Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet
normally distant westerly of the Westerly Top of Bank of said Iowa River and is located
252.45 feet, S00038'13"W, of the previous witness marker; Thence meandering along
said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River
which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of
the Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12039'26"W,
of the previous witness mark; thence meandering along said Mean High Water Line to a
point at the Mean High Water Mark of said Iowa River at its intersection with the
southerly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8
inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet,
S16°57'57"W, of the previous witness marker; thence from said Mean High Water Mark,
N76042'52°W, along said southerly line 347.29 feet, to the point of Beginning. Said
parcel of land contains 7.17 Acres more or less and is subject to easements and
restrictions of record.
And further excepting the fee simple acquisition described in Condemnation
Proceedings recorded in Book 4202, Page 714 and re-recorded in Book 4244, Page
762.
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 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Ed Cole agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any building permit for the property described herein,
compliance with the planned development overlay plan attached hereto, which
shall include the construction of a storm shelter and sidewalk along the existing
east -west private street to Riverside Drive, as well as the resurfacing of said
private street; and
b. Prior to approval of any site plan for the property described herein, the lot line
between the property described herein and the property to the north shall be
dissolved and the Owner shall receive City Engineer's approval of grading and
drainage plans.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home (2).docx 2
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
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 acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
8. 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 Owner's expense.
Dated this day of A u t , 20t3r
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Apoved by:
CAA
ity Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
By:
This instrument was acknowledged before me on . 20_ 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
ppdadmfagitAm doral zoning agreement real 5-00017 cola's mobile home (2).d=3
(Stamp or Seal)
Title (and Rank)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
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OWNER, ED COLE, ACKNOWLEDGMENT:
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Title (and Rank)
My commission expires: 'I
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Bob Miklo
Item: REZ15-00017 (New application) Date: August 6, 2015
Cole's Community Mobile Home Park
GENERAL INFORMATION:
Applicant: Ed Cole
1450 Laura Drive
Iowa City, Iowa 52245
319-321-1002
Contact Person: Brian Boelk
509 S. Gilbert Street
Iowa City, Iowa 52240
319-338-7557
Requested Action: Rezoning for a Mobile Home Park (OPD/RS-12)
Planned Unit Development
Purpose: A 38 -unit expansion of the Cole Community Mobile
Home Park
Location: East of Riverside Drive and North of McCollister
Boulevard
Size: 14.36 acres
Existing Land Use and Zoning: Mobile Home Park and undeveloped land (OPD/RS-
12)
Surrounding Land Use and Zoning: North: Commercial (CI -1)
South: Public Open Space (P1)
East: Public Open Space (OPD/RS-12)
West: Storage Lockers under construction (11)
Comprehensive Plan: South Central District Plan: Intensive Commercial
File Date: July 21, 2015
45 Day Limitation Period: September 4, 2015
BACKGROUND INFORMATION:
The applicant, Ed Cole, has submitted a new request for a rezoning to approve a Planned
Development Overlay (OPD) plan for the 14.36 -acre property's High Density Single Family
Residential Planned Development Overlay (OPD/RS-12) zoning designation. At the July 16
meeting the Commission voted against a recommendation to approve the previous OPD plan.
Rather than to take that application to City Council, the applicant has submitted a new application
2
which attempts to address concerns cited by the Commission for not recommending approval of
the previous proposal.
The new application no longer includes a request to modify minimum lot size. The new request
also includes a sidewalk on the south side of the entry road that will provide a pedestrian
connection to the bus stop, mailboxes and other common facilities with the development. The
new proposal also includes a new storm shelter.
Much of the analysis from the previous case (REZ15-00007 staff report attached) applies to this
application and will not be repeated here. Changes from the previous plan are discussed below.
ANALYSIS:
Planned Development Overlay (OPD) Plan: The applicant is no longer seeking a modification of
the minimum lot size per dwelling unit. Each lot now contains at least 5,000 square feet, which is
similar to newer manufactured housing parks and compliant with the requirements of the
underlying High Density Single Family Residential (RS -12) zone. As a result of this change there
will be more opens space per lot and between units.
The applicant is still requesting modifications of the zoning and subdivision regulations including:
1) Decreasing the 30 -foot perimeter setback required of manufactured housing parks
from the property line to the north, due to a manufactured housing park owned by the
applicant; from the east, due to permanent open space owned by the City of Iowa
City; and from the south where a self-service warehouse facility was recently
approved.
2) Reduction from 60 feet public street right-of-way to 32 feet private street
easement and a reduction in pavement width from 26 feet for a to 22 feet. In doing
so, it also requires that sidewalk standards and street tree standards be modified as
well with sidewalks directly adjacent to the street and street trees planted on the
lease lots themselves.
As discussed in the previous staff report (copy attached), there appears to be a rationale for these
waivers based on the OPD approval criteria and staff recommends approval of these
modifications.
Sidewalk: With the previous proposal the applicant had indicated that there was not sufficient
space to place a sidewalk along the full length of the entry road due to the presence of an existing
manufactured dwelling unit. A painted pedestrian path within the street was proposed as an
alternative. Commissioners expressed concerns about pedestrian safety and lack of access for
persons with disabilities.
The applicant has indicated the current resident does not wish to move from the location adjacent
to where the sidewalk would be located. The applicant has reviewed the location of the dwelling in
relation to the roadway and now believes that there is sufficient room to locate a 5 foot wide
sidewalk south of the 22 foot wide street. The unit is located 9 feet south the edge of the existing
roadway. It would be located 4 feet from the proposed sidewalk. The applicant would plant
landscaping in the 4 feet to help buffer the residence.
The current location of the dwelling in relation to the road is nonconforming (the normal setback
from a road is 15 feet). Staff feels it is unreasonable to require moving an occupied dwelling due
to the recommended requirement for a sidewalk. Staff will discuss with the applicant the goal of
moving the dwelling further from the sidewalk when the current tenant moves out of it.
PCD\Staff Reports\rez15.00007 cole's mobile home staff report.docx
3
Storm shelter: The applicant is proposing to build a storm shelter west of lots 24 and 25 and
north of lot 36. This is a central location in relations to both existing and proposed dwelling units.
The shelter would be approximately 30 feet by 45 feet and contain sufficient capacity for 192
dwelling units based on state guidelines for storm shelters. The applicant currently does not have
a drawing of the shelter. To assure that the design is appropriate for a residential setting, staff
recommends that the final design be approved by staff. From a building code perspective,
construction plans for the storm shelter will be reviewed when a building permit is requested.
Dumpster locations: Unlike most residential neighborhoods, dumpster locations are proposed to
be located in highly visible locations between the street and the dwellings. The applicant has
submitted the attached photo illustrating proposed dumpster enclosures. The plan also indicates
that the dumpsters will be further screened with evergreen plantings.
STAFF RECOMMENDATION:
Staff recommends approval of REZ15-00017, a rezoning to approve a Preliminary Planned
Overlay Plan for a 14.36 -acre Planned Development Overlay - High Density Single Family
Residential (OPD/RS-12) zone located east of Riverside Drive and north of McCollister Boulevard
subject to:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one
lot.
2. Resurfacing of the entrance road to the point of the new private street including a 5 foot
sidewalk on the south side of the street.
3. City Engineer approval of grading and drainage plans at time of final site plan approval.
ATTACHMENTS:
1. Location Map
2. OPD Plan
3. Photo of dumpster enclosure
Approved by: _ ::Z
John Yapp, Development Services C ordinator,
Department of Neighborhood and Development Services
PCD\Staff Reports\rezl5-00007 cole's mobile home staff report.docx
PRiEU) °0s
STAFF REPORT
To: Planning & Zoning Commission
Item: REZ15-00007
Cole's Community Mobile Home Park
GENERAL INFORMATION:
Applicant:
Contact Person:
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:
Prepared by: Bob Miklo
Date: July 2, 2015
Ed Cole
1450 Laura Drive
Iowa City, Iowa 52245
319-321-1002
Brian Boelk
509 S. Gilbert Street
Iowa City, Iowa 52240
319-338-7557
Rezoning for a Mobile Home Park (OPD/RS-12)
Planned Unit Development
A 45 -unit expansion of the Cole Community Mobile
Home Park
East of Riverside Drive and North of McCollister
Boulevard
14.36 acres
Mobile Home Park and undeveloped land (OPD/RS-
12)
North: Commercial (CI -1)
South: Public Open Space (P1)
East: Public Open Space (OPD/RS-12)
West: Storage Lockers (11)
South Central District Plan: Intensive Commercial
June 15, 2015
August 1, 2015
The applicant, Ed Cole, is requesting a rezoning to approve a Planned Development Overlay
(OPD) plan for the 14.36 -acre property's High Density Single Family Residential Planned
Development Overlay (OPD/RS-12) zoning designation. The property will maintain the same
OPD/RS-12 designation, but the expansion of the mobile home park requires approval of a
2
Planned Development Plan through the rezoning process. The existing manufactured home park
was created in 1974 for 55 units, and the rezoning would allow for the development of an
additional 45 mobile homes in the undeveloped area of the parcel. While the proposed
development is currently in the 100 year flood plain, a levee was recently constructed along the
Iowa River to reduce the risk of flooding.
The subject property is located in the South Central Planning District, east of Riverside Drive and
north of McCollister Boulevard. Currently, the property contains Cole's Community Mobile Home
Park (formerly known as Thatcher), along with approximately 6.5 acres of undeveloped land
where the expansion is proposed. The neighboring property to the north contains another mobile
home park (formally known as Baculis' Mobile Home Park), which was recently acquired by the
applicant. The applicant has indicated that he intends to combine the existing parks into one
development that will share facilities such as storm shelters and playgrounds. Combining the two
parks into one will eliminate the requirement for a 30 -foot setback for the proposed units on the
north side of the development.
The surrounding area includes a permanent open space with a levee to the east, Mesquakie Paris
(former landfill) across McCollister Boulevard to the south, and an undeveloped general industrial
parcel (the Board of Adjustment recently approve a special exception that will allow a self-service
warehouse facility) to the west.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and
have not had discussions with neighborhood representatives.
ANALYSIS:
Current Zoning: The current zoning of the property is for a Planned Development Overlay - High
Density Single Family Residential (OPD/RS-12). The underlying zone, RS -12, allows single family
dwellings on lots with a minimum lot area of 5,000 square feet and 45 foot lot width. Duplexes and
attached single family dwellings are permitted with a minimum lot area of 3,000 square feet.
The overlay zone is required in order for a property owner to construct a manufactured housing
park, a form of commercial property in which individual owners of mobile homes lease lots for their
dwellings from the property owner. Overlay zones also allow increased flexibility for development
standards such as setbacks, lot area, and road widths as long as certain specifications are met
and it is not contrary to the Comprehensive Plan.
Proposed Zoning: The applicant is requesting approval of an OPD/RS-12 rezoning to allow
additional lease lots on the property and to allow variances from street standards, setback and
minimum lot sizes. The details of the OPD plan are discussed below under the Planned
Development Overlay (OPD) Plan heading.
Compliance with Comprehensive Plan: The property falls within the South Central District
Plan. The future land use map shows this parcel as being an intensive or highway commercial
use. At the time the district plan was written the only access to the area was from Riverside
Drive, which was surrounded by industrial uses. There was a concern that the residential uses
in this area where isolated among industrial uses. The District Plan notes that in the long-term to
avoid conflicts with the industrial uses and potential flooding, residential uses should be phased
out in this area. The District Plan was written before the McCollister Boulevard and the levee
were constructed. The IC2030 Comprehensive Plan also indicates a need for affordable
housing, especially in areas with good access to parks and other amenities.
Unless an alternative location or form of affordable housing is provided, the goal of removing
manufactured housing from this area may not be realistic at least in the near term. The City may
PCD\Staff Reports\rezl5-00007 cole's mobile home staff report.docx
3
want to consider studying the area and determine if the land use designation should be changed
to reflect the current residential uses and the recent construction of the levee and McCollister
Boulevard.
The application does not up -zone the area. That is, it maintains the existing base zone.
Because the property is maintaining an existing use, provides a relatively affordable housing
alternative, and has good access to the street network, trails and open space, it is staff's opinion
a comprehensive plan amendment is not necessary in order to approve the OPD plan. If this
was a proposal to change the underlying zoning and establish a new residential use, an
amendment to the Comprehensive Plan would be necessary.
Planned Development Overlay (OPD) Plan: To develop additional lots in this manufactured
housing park, the applicant must produce an OPD plan. As part of this, the applicant is requesting
several modifications of the zoning and subdivision regulations including:
1) Decreasing the 30 -foot perimeter setback required of manufactured housing parks
from the property line to the north, a manufactured housing park owned by the
applicant, from the east, permanent open space owned by the City of Iowa City and
from the south where a self-service warehouse facility was recently approved.
2) Reduction from 60 feet public street right-of-way to 32 feet private street
easement and a reduction in pavement width from 26 feet for a to 22 feet. In doing
so, it also requires that sidewalk standards and street tree standards be modified as
well with sidewalks directly adjacent to the street and street trees planted on the
lease lots themselves.
3) Minimum lot size reduction below the underlying base zone's standard of 5,000
square feet per lease lot for 33 of the 45 proposed lots. The smallest lot is proposed
to be 4,268 square feet.
A number of general standards must be met when the applicant requests waivers of
underlying zoning and subdivision regulations as discussed below:
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation and general layout.
The proposal meets the standard pertaining to density. In OPD zones, density is calculated
based on the underlying residential density in the base zone. In the case of RS -12, it allows
up to 13 units per acre of net land area. The proposed density of 100 units on 14.36 acres
equals approximately 7 units per acre. The mobile home park to the north also has a density
of 7.5 units per acre.
In staff's opinion the proposal is also compatible with the neighborhood in terms of land use.
Although the South Central District Plan notes that there have been conflicts between the
industrial uses in the manufactured housing parks, the proposed units do not directly abut
the industrial uses. The neighborhood contains a significant number of mobile homes with
good access to recreational amenities. A wide pedestrian sidewalk is located on McCollister
Boulevard and provides access to the Iowa River Corridor Trail and the Terry Trueblood
Recreation Area and Napoleon Park on the east side of the river.
2. The development will not overburden existing streets and utilities.
PCD\Staff Reports\rezl5-00007 cole's mobile home staff report.docx
F11
This property has public street access from Riverside Drive to the west. McCollister
Boulevard is located approximately 680 feet to the south. Old Highway 218 is approximately
1000 feet to the north. These arterial streets provide good access from the development to
the larger community.
The proposed 45 dwelling units are estimated to generate approximately 300 vehicle trips
per day. Although portions of Riverside Drive are not built to current standards, the street is
adequate for this additional traffic.
Within the development the current streets are asphalt without curb and gutter or sidewalks.
The applicant has indicated that he will improve the entrance road to the development with
new asphalt paving. All new lots are proposed to have a sidewalk integrated with the curb.
A sidewalk is proposed on the south side of the entrance road that provides access to
Riverside Drive, although there is approximately a 300 foot gap between lots 43 and 44
without proposed sidewalks. To assure safe pedestrian access to the bus stop, mailing
boxes and storm shelters, staff recommends that sidewalks be provided where possible,
and where there is not sufficient room for sidewalks the asphalt be raised or marked to
designate the pedestrian route (this would require new asphalt paving in the area between
lots 43 and 44).
The plan does include two sidewalks accessing the mobile home park to the north where a
playground and recreational field are proposed. A sidewalk on the south side of the
development will provide access to McCollister Boulevard, which leads to the Iowa River
Corridor Trail and the Terry Trueblood Recreation Center located on the east side of the
Iowa River. The applicant also proposes to install a trail on the City owned property to the
east. In staff's opinion, subject to the improvement of the entrance road to Riverside
Drive and the delineation of a pedestrian walk way along the entrance road, the proposed
development will not overburden existing streets.
Municipal water and sanitary sewer services are adequate to serve the proposed
development. Construction plans will need to address connections to City system.
The plan indicates that storm water will be directed to an existing drainage way that is
located adjacent to McCollister Boulevard. As noted a levee was recently constructed along
the Iowa River to reduce the risk of flooding, however the property still remains in the
floodplain and special attention must be paid to provide adequate drainage. The City
Engineer and Building Inspection require review of a site grading plan to show proposed
ground elevations in relation to the floodplain. The grading plan will need to demonstrate
that the lowest floor of new dwelling units are located 1 foot above the 0.2% flood elevation
and that the private streets are passible during a flood event per section 14 -5J -7K-1 of the
code: "Any subdivision, planned development, or manufactured housing park intended for
residential development must provide all lots with a means of vehicular access that will
remain passable during occurrence of the 1% flood event."
The site grading plan is also necessary to review the proposed routing of storm water
through the site including piping and culverts, overland flow routes, drainage ways, and
channels. The current plan should also include any proposed storm sewer & culvert
layout. Staff recommends that the preliminary OPD plan be deferred until the concerns
regarding storm water facilities and development within the floodplain are resolved to the
satisfaction of the City Engineer.
3. The development will not adversely affect views, light and air, property values and privacy
of neighboring properties any more than would a conventional development.
PCD\Staff Reportstrezl5-00007 cole's mobile home staff report.docx
5
In staff's opinion the application meets this standard. The base RS -12 zone on this
property allows single family homes to be as tall as 35 feet (although most single family
homes are approximately 25 feet in height). The applicant proposes to create additional
lots for mobile homes that would be substantially less in height. This will result in no more
adverse effect than conventional development.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in harmony
with the purposes of this Title, and with other building regulations of the City.
The applicant is proposing to reduce the required 30 -foot perimeter setback to the property
lines to the north and east and along a portion of the south property line, a reduction of the
street right-of-way and pavement width, minimum lot size for 33 of the 45 units, and
modifications to the City's sidewalk and street tree standards.
Setback Reductions: The 30 -foot perimeter setback has two purposes. It provides open
space around manufactured housing parks which are typically more densely developed
than other single family neighborhoods and it provides for buffer for the residents of park
from streets and other uses such industrial in this case.
The reduction of the 30 -foot setback to 5 feet for lots 2, 3 and 4 (the north property line)
appears to be justifiable as the adjacent property is another mobile home park under the
same ownership. The applicant has indicated that he will join the two properties into one,
which will eliminate the need for the setback provided that the adjacent dwellings to the
north are at least 20 feet away from the proposed dwellings. Staff recommends that the
combing of the two lots into one be a condition of approval.
The reduction of the 30 -foot setback to 10 feet along the east side of the development
appears to be justifiable, as the land to the east is City -owned open space. The City
acquired the land for flood control purposes and it will remain as permanent open space
lessening the need for a setback for the residential units.
The applicant is also requesting that the 30 foot setback to 20 feet for lots 43 and 44. The
property to the south is zoned General Industrial (1-1), so in this location the setback would
typically be warranted for the purposed of providing a buffer for the residents from potential
industrial uses. In this location the Board of Adjustment recently approved a special
exception to allow a self -serve warehouse facility to be built on the adjacent property. The
Board placed conditions on the use of the property (it may be used for self -storage only - no
workshops, assembly, or other active uses of the site will be permitted). The special
exception also established requirements for landscaping and lighting to help assure that it
will be compatible with the existing dwelling units in the area. Given these requirements the
30 -setback for the dwellings on lots 43 and 44 may not be necessary to provide a buffer for
the residents of these two lots.
Minimum Lot Area Reduction: The applicant is requesting that the minimum 5,000 square
foot lot area be reduced for 33 of the 45 lots. The smallest lot would be 4,268 square feet or
approximately a 15% reduction in the required minimum. The proposed lots are similar to
the existing lots within this development and contain sufficient land to accommodate a
dwelling and the two required off-street parking space per unit.
Reduction of Street Standards: Manufactured housing parks typically are served by
private streets controlled and maintained by the owner. In staffs opinion the reduction of the
PCD\Staff Reports\rezl5-00007 cole's mobile home staff report.dou
L-1
right-of-way from 60 feet to 32 feet, the reduction of pavement width from 26 feet to 22 feet,
and modifications to the City's sidewalks and street tree standards are in line with existing
mobile home parks.
OPD amenities: Planned developments typically include common amenities and open space to
serve the residents of the development. In this case the applicant is proposing to install
playground equipment and a recreation area (soccer field) in the existing development to the
north, and a trail with in the City owned open space. Staff recommends that the plan provide
details of the proposed playground equipment.
Storm shelter: The applicant is proposing to use the lower level of three existing rental houses
for storm shelters for the residence of the Cole's Community Mobile Home Park. Staff does not
object to the use of existing buildings provided that they meet the minimum requirements
suggested by State Code for storm shelters. Based on State guidelines staff recommends:
1. The shelter(s) include a minimum of seven square feet of space for each manufactured
home space in the community; and
2. That if a shelter is located in a building that also serves as a residence or common use,
sufficient space be reserved and secured for use of providing shelter; and
3. All units be located within one thousand three hundred twenty feet of a shelter; and
4. That the shelter design and construction specifications should be approved by a licensed
professional engineer demonstrating that it is structurally sound; and
5. The shelters meet ADA requirements.
The applicant's consultant has indicated that a storm shelter plan demonstrating compliance with
these requirements will be submitted. Staff recommends that approval of a storm shelter plan be
condition of approving the OPD plan.
Neighborhood open space: The OPD standards typically require a dedication of neighborhood
open space or fees in lieu of in order to ensure that adequate usable neighborhood open space is
provided for residents of new development. When the property to the east was purchased by the
City from the previous owner of Cole's Community Mobile Home Park, the purchase agreement
stipulated that the land satisfies future open space requirements upon expansion of the mobile
home park. The applicant has agreed to install a trail connection to provide residents of the
development with access to the open space
Infrastructure fees: A water main extension fee of $415 per acre applies. There are no
additional infrastructure fees in this neighborhood.
Summary: Although the South Central District Plan indicates that in the long-term residential
development should be phased out of this area, recent public improvements including McCollister
Boulevard, a levee along the Iowa River, the Iowa River Corridor Trail and the Terry Trueblood
Recreation Center make this area more suitable for residential development compared to when
the plan was drafted. Requested modifications to the underlying RS -12 zoning requirements
appear to be warranted to allow addition to the existing manufactured housing park. Although the
levee has reduced the possibility of flooding, this property remains in the floodplain and careful
consideration of flood mitigation and drainage are necessary. Approval should be deferred
pending an acceptable storm water management plan.
STAFF RECOMMENDATION:
Staff recommends deferral of this application pending resolution of deficiencies noted below.
PCD\Staff Reports\rez15-00007 cole's mobile home staff report. docx
7
Upon resolution of these items staff would recommend approval of REZ15-00007, a rezoning to
approve a Preliminary Planned Overlay Plan for a 14.36 -acre Planned Development Overlay -
High Density Single Family Residential (OPD/RS-12) zone located east of Riverside Drive and
north of McCollister Boulevard subject to:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one
lot.
2. Resurfacing of the entrance road to the point of the new private street and designation of
pedestrian route where sidewalks are not possible due to existing development.
3. Submittal and approval of a storm shelter plan demonstrating compliance with guidelines
outlined in the staff report.
4. Staff approval of structures to screen dumpster and recycling facilities.
5. A plan for installation of playground equipment
DEFICIENCIES AND DISCREPANCIES:
Rezoning Exhibit
1. Street Typical Section
• Label cross -slope on pcc sidewalk should be shown as 1.5% (2% max)
2. Exhibit Plan view
• Include pedestrian curb ramps at intersections
• Include a grading plan showing site contours, overland flow paths, drainage ways,
channels, etc.
• Show any proposed storm sewer & culverts (Verification with Final Construction
Plans)
• Will the drainage flow path along the south property line be south of the proposed
landscaping? How does the channel and landscaping go together?
• Show permanent sanitary sewer easement for Willow Creek Interceptor Sewer (78"
dia.).
3. The exhibit should be labeled Preliminary Planned Development Overlay Plan.
Storm Water Management Report
• Will an ACOE permit to place fill within flood plai n/floodway be submitted separately?
• Not clear on intent of the first page of exhibit #2. Is this the diagram to denote the
drainage areas/sub-areas? Please include a legend and include this closer to the
front of the report. The diagram is needed up front understand the areas you are
talking about. Why is this behind the summary tables? The culvert conveyance and
channels that are discussed in the report need to be shown on the diagram. Would
help to include drainage areas and Q for each area on diagram so these can be
referenced.
• Culverts should have the capacity to convey the following:
a. 10 year storm without the headwater depth exceeding the diameter of the
culvert.
b. 50 year storm without the headwater depth exceeding 1 foot over the top of
the culvert.
c. 100 year storms should be conveyed through the culvert without the
headwater depth exceeding 1 foot below the low point of the
roadway/embankment, unless there are other more restrictive elevations.
• Final Report should indicate flow depth /ponding in streets and should be in
accordance to City Design Standards. This information is not apparent in the current
report.
PCD\Staff Reports\rez15-00007 sole's mobile home staff report.dou
ATTACHMENTS:
1. Location Map
2. OPD Plan
3. Applicants statement
Approved by:
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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Cole's Community Mobile Home Park Rezoning
Ed Cole, owner of Cole's Community Mobile Home Park (formerly known as Thatcher Mobile
Home Park), requests the rezoning of approximately 14.22 acres. The property is located at
2254 S. Riverside Drive and is currently zoned OPD/RS-12 and the property is remaining
OPD/RS-12; however, the mobile home park is expanding which requires a rezoning through
the planned development process.
The owner feels comfortable expanding the mobile home park because of the construction of
the levee along the river. The current mobile home park has 55 affordable homes and the
expansion will allow for 53 additional affordable homes. The new homes will consist of a
combination of brand new homes and homes that will be moved from other locations.
The new home sites will be set in a park like setting with a generous amount of deciduous and
conifer trees and adjacent to seven acres of City -owned natural open space between the levee
and the expanded park. The City -owned land will meet the required open space requirements.
(see section 23. C. in the attached purchase offer from the City of Iowa City to Jim Hammes
dated July 28, 1998) In addition, the new home sites will have direct access to recreation fields
and basketball courts at Cole Mobile Home Park to the north. Cole's Community is located next
to McCollister Boulevard which has wide sidewalks that lead in to the 13 mile long Iowa River
Corridor Trail. A sidewalk in Cole's Community will connect to the sidewalk along McCollister
Boulevard. In addition, the Terry Trueblood Recreation Area is just across the Iowa River from
Cole's Community.
March 26, 2015
I
-WO .®a2r, CITY OF IOWA CITY
MEMORANDUM
.•�.�
4 � T4 k,
Date: July 10, 2015
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ15-00007 Cole's Community Mobile Home Park
Staff is awaiting revised plans that address concerns raised by the City Engineer (see attached
memo). Staff has reviewed the storm shelter plan and has come to the following conclusions:
1. Based on the 100 units that will be in the former Thatcher portion of the development
there should be 700 square feet of ADA compliant shelter area (7 square feet per
manufactured housing unit). We are not applying this to the former Baculis section of the
park as it is not within the boundaries of the OPD.
2. The minimum 700 square feet shelter space should not be part of a residence. If the
shelter is in a building to be used as a residence the spaces should be distinct areas.
The shelter space may be used as a common facility, such as a community room. The
goal is to provide shelter space that is accessible 24 hours a day without infringing on a
tenant's residential space.
3. The space will need to be ADA compliant. If the existing building on lot B is to be used for
a shelter, the plan should illustrate the walkways and ramps necessary to make the
shelter compliant.
4. The HBK recommended conditions regarding signage, lighting, installation of doors and
windows should be part of the plan.
5. If the existing buildings can't be altered to comply with all of the above requirements, new
or additional shelter space should be built.
Staff recommends deferral of this application pending resolution of deficiencies noted in the
attached memo. Upon resolution of these items staff would recommend approval of REZ15-
00007, a rezoning to approve a Preliminary Plan for a 14.36 -acre Planned Development Overlay
- High Density Single Family Residential (OPD/RS-12) zone located east of Riverside Drive and
north of McCollister Boulevard subject to:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one
lot.
2. Resurfacing of the entrance road to the point of the new private street and designation of
pedestrian route where sidewalks are not possible due to existing development.
3. Submittal and approval of a storm shelter plan demonstrating compliance with conditions
outlined above.
4. Staff approval of structures to screen dumpster and recycling facilities.
ATTACHMENT:
Memo from City Engineering Division
Approved by: —7-,e4
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
DATE: July 8, 2015
TO: Bob Miklo, Planning
FROM: Dave Panos, Public Works Department/ Engineering
RE: Preliminary Planned Development Overlay Plan
Coles Community Mobile Home Park
Please find Engineering Review of submitted drawing dated 6/29/15. Review comments are based
on a check of the 6/29/15 plan for updates and corrections of noted DEFICIENCIES AND
DISCREPANCIES identified on the recent Staff Report Dated July 2, 2015.
Rezoning Exhibit
1. Street Typical Section
A. Label cross -slope on pcc sidewalk should be shown as 1.5%.
OK, label provided. Drawing needs to show curb ramps at intersections.
2. Exhibit Plan view
B. Include pedestrian curb ramps at intersections
Not Shown.
C. Include a grading plan showing site contours, overland flow paths, drainage ways, channels,
etc.
• Grading plan not included for site.
D. Show any proposed storm sewer & culverts (Verification with Final Construction Plans)
• Storm Intake and Piping locations are shown on updated plan, however the
lowpoint intake locations bring up questions about intent to provide drainage for
site for 100 year from each lowpoint. This helps to highlight the reason we need to
see a grading plan. The drainage of water through and around the site and impact
to homes on site and adjoining property is unknown without a grading plan and
supporting information in drainage report. We cannot support approval of a plan
until storm water drainage conveyance is clarified.
E. Will the drainage flow path along the south property line be south of the proposed
landscaping? How does the channel and landscaping go together?
• The cross section should be scaled drawing to determine the proposed right of
way slope impact or impact of water depth of a major storm event through this
area. The conveyance of water through should be addressed in drainage report
with what is represented on the plan.
F. Show permanent sanitary sewer easement for Willow Creek Interceptor Sewer (78" dia.).
• Sanitary is on City Property — OK
3. The exhibit should be labeled Preliminary Planned Development Overlay Plan.
Storm Water Management Report
G. Will an ACOE permit to place fill within flood pla i n/floodway be submitted separately?
H. Not clear on intent of the first page of exhibit #2. Is this the diagram to denote the drainage
areas/sub-areas? Please include a legend and include this closer to the front of the report.
The diagram is needed up front understand the areas you are talking about. Why is this
behind the summary tables? The culvert conveyance and channels that are discussed in the
report need to be shown on the diagram. Would help to include drainage areas and Q for
each area on diagram so these can be referenced.
Culverts should have the capacity to convey the following:
a. 10 year storm without the headwater depth exceeding the diameter of the culvert.
b. 50 year storm without the headwater depth exceeding 1 foot over the top of the
culvert.
c. 100 year storms should be conveyed through the culvert without the headwater depth
exceeding 1 foot below the low point of the roadway/embankment, unless there are other
more restrictive elevations.
J. Final Report should indicate flow depth /ponding in streets and should be in accordance to
City Design Standards. This information is not apparent in the current report.
• Please address items H. through J.
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 11 of 18
site plan so recommends that the approval be conditional on the site plan document and not on
the preliminary renderings or architecture. She said the site plans addresses the concerns about
the access points, entrances, and landscaping.
In response to Commission discussion, Howard said that one option would be to require a design
review as a condition of approval.
Digmann noted that they could bring updated site elevations to the next meeting. Freerks
explained that if the Commission votes tonight, the applicant does not need to come before the
Commission again. If a condition of design review is imposed, then Staff would need to approve.
Eastham asked if it was the same group that was building the clinic on North Dodge Street.
Digmann said it is the same architect and design team but different developer and construction
crew.
Howard noted that both her and Yapp are on the Design Review Committee (a staff committee)
so it would move quickly since they are already familiar with the project.
Freerks closed the public hearing.
Dyer moved to recommend approval of REZ15-00016, to conditionally rezone the property
to CC -2 subject to the following conditions; development shall be in substantial
compliance with the August 5, 2015 concept site plan and design review.
Hensch seconded the motion.
Freerks noted this is a great step to complete this area, and although the area has not developed
as quickly as once thought, what has gone into the area has been really successful.
A vote was taken and the motion carried 6-0.
•—� REZONING ITEM (REZ15-00017):
Discussion of an application submitted by submitted by Ed Cole for a rezoning to amend a
Planned Development Overlay Plan (OPD/RS-12) to allow the addition of 38 manufactured
housing units to Cole's Community Mobile Home Park located at 2254 South Riverside Drive.
Howard presented the staff report noting that the Commission has heard about this particular
development recently and based on the concerns expressed at previous meetings the applicant
has modified their plan and can speak to those details. One modification is to extend the
sidewalk on the south side of the entry road that will provide a pedestrian connection to the
bus stop, mailboxes and other common facilities with the development. Additionally the issue
with the waiver request for the lot sizes is null as they have reduced the number of
proposed units to accommodate the required lot sizes of 5000 sq. ft. minimum. Finally
they have considered more carefully the storm shelter and have identified two locations
for possible storm shelters and will accommodate the entire park population and can
also be used for community events and such. As mentioned in previous meetings, the
applicant is providing a number of amenities to the residents, a proposed recreation
area and playground. Finally the applicant is proposing screening around the dumpster
area.
Staff recommends approval of REZ15-00017, a rezoning to approve a Preliminary Planned
Overlay Plan for a 14.36 -acre Planned Development Overlay - High Density Single Family
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 12 of 18
Residential (OPD/RS-12) zone located east of Riverside Drive and north of McCollister Boulevard
subject to:
1. The two existing properties (former Thatcher and Baculis parks) being combined into one
lot.
2. Resurfacing of the entrance road to the point of the new private street including a 5 foot
sidewalk on the south side of the street.
3. City Engineer approval of grading and drainage plans at time of final site plan approval.
Howard has spoken to the City Engineer's office and while they still have to submit some
final drainage calculations they felt the plan was in good shape to meet all the storm water
management needs.
Eastham asked Howard for assurance that this application meets all the requirements for
the flood plain management standards in article J of chapter 14 of the zoning code.
Howard said it would meet all the standards of the flood plain ordinance, which is a
standard requirement of any development. Eastham noted that manufactured housing
needs to be anchored to permanent foundations, and asked if the City can assure that
compliance. Howard said that would have to be answered by Julie Tallman, the flood plain
ordinance expert. Yapp noted that inspection staff does inspect mobile homes before
issuing a certificate of occupancy.
Dyer asked about the note in the staff report about moving a dwelling that is close to the
sidewalk when the current tenant moves out and if that was enforceable. Yapp said it is
not enforceable and that is why it was not included as a condition.
Eastham asked if there was a way for the City to enforce the requirement for the storm to
be constructed as it is not a condition of the rezoning. Howard said this is a planned
development so anything that is shown on the planned development has to be constructed
according to that plan. Eastham asked if the shelter would need to be constructed before
any new units could be occupied. Yapp replied yes as it is consider to be a public
improvement just like streets and sidewalks.
Eastham noted an ex -parte communication he had with Mark Patton, Director of Iowa
Valley Habitat for Humanity, and asked Patton if Habitat for Humanity would ever develop
homes in this particular location due to the proximity to the flood prone area and Patton
replied that while it would not be their first choice of location, if flood insurance could be
provided at a reasonable cost they would consider it.
Ed Cole (1205 Laura Drive) stated he asked the homeowner in the home next to the
sidewalk about the possibility of moving his home to accommodate the sidewalk and he
was not willing to move but did not care if there was a sidewalk right next to his property.
Cole also noted that the recreation area has an adjacent field with a soccer field which is
used daily by the resident's children. He said their goal is to create a nice safe family
community. Cole has spoken with Tallman about the storm shelter and said there is an
on-site manager at all times.
Freerks closed the public hearing.
Hensch moved to approve REZ15-00017 a rezoning to approve a Preliminary Planned
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 13 of 18
Overlay Plan for a 14.36 -acre Planned Development Overlay - High Density Single
Family Residential (OPD/RS-12) zone located east of Riverside Drive and north of
McCollister Boulevard subject to:
1. The two existing properties (former Thatcher and Baculis parks) being combined
into one lot.
2. Resurfacing of the entrance road to the point of the new private street including a
5 foot sidewalk on the south side of the street.
3. City Engineer approval of grading and drainage plans at time of final site plan
approval.
Parsons seconded the motion.
Freerks mentioned that this new application addressed all the concerns the Commission had
regarding this project. Parsons agreed. She also feels the storm shelter will be a benefit for the
community atmosphere.
Eastham agreed that the changes help the plan meet the major issues with this location however
it is in a flood prone area and there is no way to get away from that. Parkview Terrace was built
in the early 1960s and was built with the feeling that the Coralville Dam would protect those
areas from future flooding which has not been the case. The City and Federal Government just
completed a levee close to this project, intended to prevent future flooding but there is no
guarantee that levee will hold against future flooding. Eastham is aware of the need for
affordable housing but does not feel it should be in a flood prone area.
Yapp noted that in the flood prone areas the Code requires the first floor area to be one foot
above the 500 year flood plain level.
Hensch noted his appreciation of the applicant to listen to the concerns of the Commission and
address the things he could reasonably address.
A vote was taken and the motion carried (4-2 Eastham and Martin dissenting).
ANNEXATION I REZONING ITEM (ANN15-00001/REZ15-00014):
Discussion of an application by CBD, LLC for annexation of 18.6 acres and rezoning from
County Multi -Family Residential (RMF) to Low Density Multi -Family (RM -12) for approximately
1.91 acres and Low Density Single Family (RS -5) for approximately 16.75 acres of property
located west of Churchill Subdivision, south of Herbert Hoover Highway.
Yapp stated that this item was deferred at the July 16 meeting to allow further discussion of
staff's recommendation that a sidewalk be required along Herbert Hoover Highway to
connect this property with Olde Towne Village. Staff and the applicant have discussed
standards for the sidewalk. Staff agrees that we will allow flexibility from the standards to
allow the alignment to avoid existing utilities that are not feasible to move. The flexibility in our
standards will not be for the pavement width, thickness, etc. The flexibility in our standards will
only be for the alignment, location and elevation of the sidewalk, and the final alignment should
be subject to approval by the City Engineer.
ra
5
G
Prepared by: Katie Gandhi, Planning Intern, PCD, 410 E. Washington Street, Iowa City 4&519-3'. 0
(REZ15-00017) C
ORDINANCE NO. �
AN ORDINANCE CONDITIONALLY REZONING TO APPROVE A PLAED DMELOPMENT
OVERLAY (OPD) PLAN FOR A MANUFACTURED HOUSING PARK ADD -UNITS ON
APPROXIMATLEY 14.36 ACRES OF PROPERTY LOCATED EAST OF RIVERSIDE DRIVE AND
NORTH OF MCCOLLISTER BOULEVARD. (REZ15-00017)
WHEREAS, the applicant, Ed Cole, has submitted a rezoning request to approve a Planned
Development Overlay (OPD) plan for the 38 -unit expansion of the existing 14.36 acre Cole Community
Mobile Home Park located East of Riverside Drive and North of McCollister Boulevard; and
WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 30 -foot perimeter
setback required of manufactured housing parks from the property line to the north, a manufactured housing
park owned by the applicant, from the east, permanent open space owned by the City of Iowa City, and
from the south, where a self-service warehouse facility was recently approved; and
WHEREAS, the approval of the OPD/RS-12 rezoning also allows the reduction of the 60 feet public
street right-of-way to a 32 feet private street easement and a reduction in pavement width from 26 feet to 22
feet; and
WHEREAS, the Planning and Zoning Commission has recommended approval with appropriate
conditions addressing the need for public safety, adequate pedestrian access and appropriate storm
water management; and
WHEREAS, the applicant will construct a storm shelter in order to meet the need for public safety. The
shelter will contain sufficient capacity for 192 dwelling units based on state guidelines for storm shelters and
final construction plans will be reviewed and approved by staff when a building permit is requested; and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the 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. The property described below is hereby rezoned to Planned
Development Overlay High Density Single Family Residential (OPD/RS12) subject to the Planned
Development Overlay (OPD) plan attached hereto for an expansion of the 14.36 -acre manufactured
house park located in the OPD/RS12 zone east of Riverside Drive north of McCollister Boulevard and
subject to the Conditional Zoning Agreement attached hereto and incorporated herein:
Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest Quarter of Section
22, Township 79 North, Range 6 West of the 5th Principal Meridian.
Excepting therefrom the following tract, to wit,
Beginning 202 feet southwesterly from the northwest corner of said Lot 3 of Paden's Resubdivision of Lots
1 and 4 of Charles Subdivision; thence South 85°52' East a distance of 384 feet; thence South 17°10'
West to the original south line of said Lot 3, a distance of 549 feet; thence North 76° West a distance of
215 feet; thence North 5°30' West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40'
East a distance of 142 feet to the place of beginning.
Further excepting the following,
Ordinance No.
Page 2
Beginning at the Southeast comer of said Lot 3 of the Paden's Resubdivision of Lots 1 and 4 of Charles
Subdivision; thence N76°42'52"W, along the southerly line of said Lot 3, a distance of 88.94 feet; thence
N16°31'56"E, a distance of 780.57 feet to a point on the northerly line of said Lot 3, thence S80°01'58"E, a
distance of 255.60 feet more or less, along said northerly line and its southeasterly projection thereof, to a
point which is at the Mean High Water Mark of the Iowa River as it is presently located, which is witnessed
by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly Top of Bank of said Iowa
River; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and is located 193.34 feet, S16°32'12"E, of the previous witness
marker; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and is located 252.45 feet, S00°38'13"W, of the previous witness
marker; Thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12°39'26"W, of the previous witness
mark; thence meandering along said Mean High Water Line to a point at the Mean High Water Mark of
said Iowa River at its intersection with the southerly projection of the Southerly Line of said Lot 3, which
point is witnessed by a 5/8 inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant
westerly of the Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet,
S16°57'57"W, of the previous witness marker; thence from said Mean High Water Mark, N76°42'52"W,
along said southerly line 347.29 feet, to the point of Beginning. Said parcel of land contains 7.17 Acres
more or less and is subject to easements and restrictions of record.
And further excepting the fee simple acquisition described in Condemnation Proceedings recorded in
Book 4202, Page 714 and re-recorded in Book 4244, Page 762.
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 and the City,
following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20_ r..,
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MAYOR
ATTEST:
CITY CLERK
?
App ved by
City Attorney's Office
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 3 5230 (115-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a ipaPcorp ion
(hereinafter "City"), and Ed Cole (hereinafter "Owner").
C)
WHEREAS, Owner is the legal title holder of approximately 14.3;acres4f property
located East of Riverside Drive and North of McCollister Boulevard; and cr3
WHEREAS, the Owner has requested the approval of a Planned Development Overlay
(OPD) plan for a 38 -unit expansion of the existing 14.36 acre Cole Community Mobile Home Park;
and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
WHEREAS, the Planning and Zoning Commission has recommended approval with
appropriate conditions addressing the need for public safety, adequate pedestrian access, and
appropriate storm water management; 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 the preservation of public health, safety, and welfare; 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. Ed Cole is the legal title holder of the property legally described as:
Lot 3 in Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision of the Southwest
Quarter of Section 22, Township 79 North, Range 6 West of the 5th Principal Meridian.
Excepting therefrom the following tract, to wit;
Beginning 202 feet southwesterly from the northwest corner of said Lot 3 of Paden's
Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85052' East a
distance of 384 feet; thence South 17°10' West to the original south line of said Lot 3, a
distance of 549 feet; thence North 760 West a distance of 215 feet; thence North 5030'
West a distance of 360.5 feet; thence easterly 21 feet; thence North 2°40' East a
distance of 142 feet to the place of beginning.
Further excepting the following;
Beginning at the Southeast corner of said Lot 3 of the Paden's Resubdivision of Lots 1
and 4 of Charles Subdivision; thence N76042'52"W, along the southerly line of said Lot
3, a distance of 88.94 feet; thence N16031'56"E, a distance of 780.57 feet to a point on
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home (2).docx 1
the northerly line of said Lot 3, thence S80001'58"E, a distance of 255.60 feet more or
less, along said northerly line and its southeasterly projection thereof, to a point which is
at the Mean High Water Mark of the Iowa River as it is presently located, which is
witnessed by a 5/8 inch iron rebar set 3 feet, normally distant, westerly of the Westerly
Top of Bank of said Iowa River; thence meandering along said Mean High Water Line to
a point at the Mean High Water Mark of said Iowa River which point is witnessed by a
5/8 inch iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of
said Iowa River and is located 193.34 feet, S16032'12"E, of the previous witness marker;
thence meandering along said Mean High Water Line to a point at the Mean High Water
Mark of said Iowa River which point is witnessed by a 5/8 inch iron rebar set 3 feet
normally distant westerly of the Westerly Top of Bank of said Iowa River and is located
252.45 feet, S00038'13"W, of the previous witness marker; Thence meandering along
said Mean High Water Line to a point at the Mean High Water Mark of said Iowa River
which point is witnessed by a 5/8 inch iron rebar set 3 feet normally distant westerly of
the Westerly Top of Bank of said Iowa River, and is located 128.20 feet, S12039'26"W,
of the previous witness mark; thence meandering along said Mean High Water Line to a
point at the Mean High Water Mark of said Iowa River at its intersection with the
southerly projection of the Southerly Line of said Lot 3, which point is witnessed by a 5/8
inch iron rebar set on said Southerly Line of Lot 3, 3 feet normally distant westerly of the
Westerly Top of Bank of said Iowa River and which marker is located 252.21 feet,
S16057'57"W, of the previous witness marker; thence from said MeHigh Water Mark,
N76042'52"W, along said southerly line 347.29 feet, to the point git�ing. —"id
parcel of land contains 7.17 Acres more or less and is subject - asements d
restrictions of record.`
And further excepting the fee simple acquisition describedCiemn
Proceedings recorded in Book 4202, Page 714 and re-recorded i " ` " k jt44, we
762.
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 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Ed Cole agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any building permit for the property described herein,
compliance with the planned development overlay plan attached hereto, which
shall include the construction of a storm shelter and sidewalk along the existing
east -west private street to Riverside Drive, as well as the resurfacing of said
private street; and
b. Prior to approval of any site plan for the property described herein, the lot line
between the property described herein and the property to the north shall be
dissolved and the Owner shall receive City Engineer's approval of grading and
drainage plans.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home (2).docx 2
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
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 acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
8. 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 Owner's expense.
Dated this day of , 20_
CITY OF IOWA CITY
Matthew J Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Ap oved by:
ity Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
By:
By:
This instrument was acknowledged before me on , 20_
c3
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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
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home (2).docx 3
(Stamp or Seal)
Title (and Rank)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by
as
OWNER, ED COLE, ACKNOWLEDGMENT
State of _
County of
of , Inc.
Notary Public in and for said County arWState
(Stamp or Seal)
C=
Title (and Rank) ,
NO
This record was acknowledged before me on (Date)
by (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
(name of party on behalf of whom record
was executed).
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadmlagVconditional zoning agreement rez15-00017 cole's mobile home (2).docx 4
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Prepared by: Katie Gandhi, Planning Intern, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230
(REZ15-00017)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING TO APPROA PLANNED DEVELOPMENT
OVERLAY (OPD) PLAN FOR A MANUFACTURED HOUSIN PARK TO ADD 38 -UNITS ON
APPROXIMATLEY 14.36 ACRES OF PROPERTY LOCATED AST OF RIVERSIDE DRIVE AND
NORTH OF MCCOLLISTER BOULEVARD. (REZ15-00017)
WHEREAS, the applicat, Ed Cole, has submitted a r
Development Overlay (OPD) an for the 38 -unit expansion of
Mobile Home Park located East Riverside Drive and North of N
WHEREAS, the approval of t e OPD/RS-12 rezoning also I
the 30 -foot perimeter setback requi d of manufactured housing
manufactured housing park owned b the applicant, from the e;
City of Iowa City and from the south wh e a self-service wareho
WHEREAS, the approval of the OP S-12 rezoning also i
the 60 feet public street right-of-way to a 3 eet private street
from 26 feet for a to 22 feet; and
WHEREAS, the proposal has been found ompatible
land use and zoning; and
WHEREAS, the proposed development, subje to the
Drive and the installation of a sidewalk along the ent nc
WHEREAS, the applicant will construct a storm s
central location to both existing and proposed dwelling u
192 dwelling units based on state guidelines for storm shy
and approved by staff when a building permit is requested
WHEREAS, the Planning and Zoning Commissio
recommends approval, subject to the following condition
1. The two existing properties (former Thatcher and .
2. Resurfacing of the entrance road to the point of t e
the south side of the street.
ing request to approve a Planned
existing 14.36 acre Cole Community
Allister Boulevard; and
its a variance to allow the reduction of
ks from the property line to the north, a
permanent open space owned by the
facility was recently approved; and
its a variance to allow the reduction of
lent and a reduction in pavement width
the surrounding neighborhood in terms of
hprovement of the entrance road to Riverside
,ad, will not overburden existing streets; and
west of lots 24 and 25 and north of lot 36, a
The shelter will contain sufficient capacity for
s and final construction plans will be reviewed
has 'l,he reviewed the proposed rezoning and
.ulis parkN being combined into one lot,
new privat _, treet including a 5 foot sidewalk on
3. City Engineer approval of grading and/5d
lans at time of final°site plan approval; and
WHEREAS, Iowa Code §414.5 (201that the City of lowitt. City may impose reasonable
conditions on granting a rezoning requesd above existing regulat)�gns, in order to satisfy public
needs caused by the requested change; a `+,
WHEREAS, the applicant agreed that rty shall be developed m accdance with the terms and
conditions of the Conditional Zoning Agreached hereto to ensure appropfipte development in this
area of the city.
NOW, THEREFORE, BE IT ORDAINTHE CITY COUNCIL OF THE CI Y OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject onditional Zoning Agreement attacd hereto and
incorporated herein, the Planned DevelOverlay (OPD) plan for the expansio the property
described below is hereby approved:
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Ordinance No.
Page 2
Lot 3 in Paden's Resubdivision of Lots 1 and of Charles Subdivision of the Southwest Quarter of Section 22, Township 79 North, Range 6 West of the 5th
Principal Meridian.
Excepong Uwrerrom the following rract, to wit,'
Beginning 202 feet southwesterly from the norMwest corner of said Lot 3 of Paden's Resubdivision of Lots 1 and 4 of Charles Subdivision; thence South 85'57
East a distance of 384 feet; thence South 17.10' West to the original south tine of said Lot 3, a distance of 549 feet ftwice North 76° West a distance of 215
feet; thence NSM 5'30' West a distance of 360.516K thence easterly 21 feet; thence North 2'4Qt East a distance of 142 feet to the place of beginning.
f=urther excepting the fallowing;
Beginning at the Southeast comer of said Lot 3 of the Paderes Resubdi ision of Lots 1 and 4 ofCl:twice ence N76"4752'W, along tie southerly
line of said Lot 3, a distance of 88.94 feet,, thence N16'31'S6'E, a distance of 780.57 feet to a p on the northerly line of said Lot 3, thence S80°01WE. a
distance of 255.60 feet more or less, along said northerly tine and its soutreasterly projcdion , to a point which is at the Mean High Water Mark of the
Iowa River as t Is presently located. which Is witnessed by a 5/8 Inch iron rebar set 3 feet nnmW distant, westerly of the Westerly Top of Bank of said Iowa
River, thence meandering Song said Mean High Water Line to a point at the Mean High Water of said Iowa River which point is witnessed by a 518 tech
ton rebar set 3 feet normally distant westerly of the Westenty Top of Bank of said Iowa River is located 193.34 feet S16'32'12'E, of the previous witness
marker, thence meandering along said Mean High Water Line to a point at the Mean High Water rk of said Iowa River which point is witnessed by a 518 Inch
iron rebar set 3 feet normally distant westerly of the Westerly Top of Bank of said Iowa River Is located 252.45 feet, S00'38'13'W, of the previous witness
marker, Thence nnearidering along said Mean High Water Line to a point at the Mean High er Mark of said lova River which point is witnessed by a 518
inch ion reborn set 3 Leet distant westerly of the Westerly Top of Bank of said Iovru and is boated 128.20 feet, S12'3926'W, d the previous
wiliness mark; thence along said Mean High Water tine to a point at the High Water Mark of said Iowa River at its intersection with the
southerly projection of the Line of said Lot 3, which point Is witnessed by a 5/8 iron rebar set on said Southerly Line of Lot 3, 3 feet normally
distant westerly of the Westerly T of Bank nt said Iowa River and which marker is boat 252.21 feet S16'57'57'W, of the previous witness marker, thence
from said Mean High Water Mark, 6'4752'W, Wong said southerly line 347 29 feet to point of Beginning. Said parcel of Yard contains 7.17 Acres more
or less and is subject to =Leeslrr��
restrictions of record.
And further excepting thisthon described in Condennaton Proceedi recorded in Book 4202, Page 714 and re4ecorded in Book 4244,
Page 762.
SECTION II. ZONING MA The building official is hfireby authorized and directed to change the zoning
map of the City of Iowa City, to a, to conform to this/amendment upon the final passage, approval and
publication of the ordinance as ap oved by law.
SECTION III. CONDITIONAL Z NING AGREE NT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Chpditional Zoni g Agreement between the property owner(s) and the
City, following passage and approval of is Ordina e.
City Clerk is hereby authorized and directeNtt
Office of the County Recorder, Johnson Cot
approval and publication of this ordinance, as
SECTION V. REPEALER. All ordinances
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any sec
invalid or unconstitutional, such adjudication
section, provision or part thereof not adjudg
SECTION VII. EFFECTIVE DATE. Tis
and publication, as provided by law.
Passed and approved this day of _
:OR ING. Upon passage and approval of the Ordinance, the
c ify a copy of this ordinance, and record the same in the
ty Iowa, at the Owner's expense, upon the final passage,
ided by law.
\oru
dinances in conflict with the provisions of this
onpart of the Ordinance shall be adjudged to be
halhe validity of the Ordinance as a whole or any
invstitutional.
OrII be in effect after its final passage, approval
�Im
MAYOR
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ATTEST:
CITY CLERK
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AApproved b
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City Attorney's Office
_Send to City Attorney's Office for Approval
_Copy to City Clerk
Email to Document Services
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00017)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Ed Cole (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approxi ately 14.36 acres of property
located East of Riverside Drive and North of McCollister Boulevar ; and
WHEREAS, the Owner has requested the approval of Planned Development Overlay
(OPD) plan for a 3unit expansion of the existing 14.36 acre Col Community Mobile Home Park;
and
WHEREAS, th Planning and Zoning Commission Vas recommended approval with
appropriate conditions egarding the combination of two e�Elsting properties into one lot, the
installation of sidewalks, a resurfacing of the entrance roa, and the approval of a grading and
drainage plan; and
WHEREAS, Iowa Code;,414.5 (20 15) provides at the City of Iowa City may impose
reasonable conditions on granin a rezoning request, ver and above existing regulations, in
order to satisfy public needs cause the requested c ange; and
WHEREAS, the Owner acknov"?c
reasonable to ensure the development of
Plan and the need for the preservation of pu
WHEREAS, the Owner agrees to develop this
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the
agree as follows:
1. Ed Cole is the legal title holder of the
ppdadnVagVconditional zoning agreement rez15-00017 cole's mobile home.docx 1
certain conditions and restrictions are
rty is consistent with the Comprehensive
i, safety, and welfare; and
rty in accordance with the terms and
ises contained herein, the parties
legally de'spribed as:
w
Lot 3 In Paden's Resubdivision of Lots t and of Charles Subdivision of the Southwest Quarter OF Section 22, Township 79 North, Range 6 West of the 5th
Excepting mereftm the tolbmng tract to wit,
Beginning 202 feel southwesterly from the northwest comer of said Lot 3 of Paden% Resubdivision of Lots 1 and 4 of Charles Subdivision: thence South 85.57
East a distance of 384 feet. thence South 17.10' West to the original south line of said Lot 3, a distance of 549 feet: thence North 761 West a distance of 215
feet thence North 5'3(r West a distance of 360.5 feet: thence easterly 21 feet. thence North 2°40' East a distance of 142 feet to the place of beginning.
FuMber- excepting the ftVmwng;
Beginning at the Southeast corner d said Lot 3 of the Paden% Resubdivision of Lots 1 and 4 of Charles Subdivision; thence N76.4757W, along the southerly
We of said Lot 3, a distance of 88.94 feet thence N16.31'56•E, a distance of 780.57 feet to a point on the horthl
tine d said Lot 3, thence 580.01 WE, a
distance of 255.60 feet more a less, along said northerly fine and its southeasterly protection thereof, to a pant is at the Mean High Water Mark or the
Iowa River as it is presently located, which Is witnessed by a 518 inch Wbn rebar set 3 feet noenaly distant wes of the Westerly Top of Bank of said Iowa
River, thence meandering slag said Mean Nigh Water Line to a point at the Mean High Water Mark d sold River which point Is witnessed by a 518 Inch
ion rebar ser 3 feet rhorrnhafiy distant westerly d the Westerly Top d Barrs d said Iowa River and is located 1 341eet %16'3712 E, d the previous witness
marker, thence meaWering alo g said Mph High Water tine to a point at the Meeh High Water thank d said Riva which point Is witnessed by a 518 With
Won rebar set 3 feet rmnaly distant westerly d he Westerly Top d Barrs d said Iowa River and Is located .45 feet, SOD•38'13'W, d the previous witness
maker, Thence meandering Wong said Mean High Water Line to a point at the Mean High Water Mak d lows River which point is witnessed by a 5/8
Inch Won rebar set 3 7. ally distant westery d the Westerly Top of Bark of said Iowa Riva, and is 128.20 feet. S12.39WW, d the previous
witness mak: thence Wong said Mean High Water Line to a parr at the Mean High Water d said Iowa River W is Intersection with the
southerly projection of the72Mark.
Lime d said Lai 3, which point Is witnessed by a 5/8 inch iron rebs on said Southerly Line d Lot 3, 3 feet nomhWy -..
distant westerly d She We�Baric d said Iowa River and which maker is Ionated 252.21 feet. 6.57 57VU, d She previous witness marlcer fhernce
from said Mean High Wate62 along said southery fine 34729 feet, Io the pont d ng. Said parcel d land conttaihs 7.17 �s more
or Less and is subject to eaof record.Arl hither exceparg the fisiton bed tn CorhOermationProceedings recorded let 4202. Page 714 and he+ee'd in Book,
941
Page 762.
G 7 -".rw.
2. The Owner acknowledges that tIn City wishes to
of the Comprehensive Plan and a South Cer
acknowledge that Iowa Code §414. 2015) pro
impose reasonable conditions on gran' g a r
existing regulations, in ord�r'to satisfy pub nee
3
In consideration of the City's rezoning the
development of the subject property will ca
chapter, as well as the following conditions:
a. The two existing properties (former
into one lot;
b. Resurfacing of the entrance road to
5 foot sidewalk on the south side of
c. City Engineer approval of gradin
approval.
sure conforman%- ti—Mprinces
I district plan. r, thep s
des that the City ov�cCity ,. y
ming request, o ndnabov "' e
caused by the re " sted Mange.
:t property, Ed Cole agree(s) that
all other requirements of the zoning
Tjiatcher a\plans
parks) being combined
he point orivate street including a
the street.
and drainat time of final site plan
4. The Owner and City acknowledge the the conditions contained her 'n are reasonable
conditions to impose on the land der Iowa Code §414.5 (201 \an that said
conditions satisfy public needs that err caused by the requested zoninge.
5. The Owner and City acknowledge hat in the event the subject propeansferred,
sold, redeveloped, or subdivided, II redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that t is Conditional Zoning Agreement shall be deemed to be
a covenant running with the I d and with title to the land, and shall remain in full force
and effect as a covenant wit 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.
4
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
ppdadm/agt/conditional zoning agreement rez15-00017 sole's mobile home.docx 2
construed to relieve the Owner 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 Owner's expense.
Dated this day of , 20_.
CITY OF IOWA CITY
Matthew J Hayek,
Attest:
By:
Marian K. Karr, City Clerk By:
Approved by:
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City Attorney's Office
—
N
CITY OF IOWA CITY ACKNOWLEDGEME T.
a
STATE OF IOWA )
�
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ss:
—
JOHNSON COUNTY )
This instrument was acknowledgedbe re me on
Hayek and Marian K. Karr as Mayor d City Clerk,
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
, 20_ by Matthew J.
of the City of Iowa City.
Notary Public i and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home.docx 3
JOHNSON COUNTY )
This instrument was acknowledged before me on 20_ by
as of , Inc.
OWNER, ED COLE,
State of _
County of
ENT:
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
This record was acknowledged before"'me on (Date)
by (Name ) of individual(s) as
(type of au ority, such as officer or trustee) of
(name o party on behalf of whom record
was executed).
Notary P44ic in and for the State of Iowa
and Rank)
commission
ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home.docx 4
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ppdadm/agt/conditional zoning agreement rez15-00017 cole's mobile home.docx 4
J
5d
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00013)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY
LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL
BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO PLANNED
DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPDS) AND
APPROVAL OF PRELIMINARY SENSITVE AREAS DEVELOPMENT PLAN. (REZ15-00013)
WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low Density Single Family
Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPD5) and
approval of a preliminary Sensitive Areas Development Plan; and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density
single family residential uses; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning application
and has determined that it complies with the Comprehensive Plan subject to a sufficient Wetland Mitigation
Plan being approved by staff prior to City Council consideration of the application; and
WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning
request complies with the Comprehensive Plan provided that it meets conditions addressing the need for
public safety and adequate public infrastructure and utilities; and
WHEREAS, Iowa Code §414.5 (2015) 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 and the preliminary Sensitive Areas
Development Plan 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. The attached Preliminary Sensitive Areas Development Plan is hereby
approved. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the
property described below is hereby reclassified from its current zoning designation of Low Density Single
Family Residential (RS -5) to Planned Development Overlay/Low Density Single Family Residential (OPDS)
PART OF THE WEST FRACTIONAL 1/2 OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND PART OF AUDITOR'S PARCEL 2012062
AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, IOWA
CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012062;
THENCE N88°43'06"E 373.68 FEET ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2012062 TO
THE POINT OF BEGINNING;
THENCE CONTINUING N88°43'06"E 1122.53 FEET ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF SAID AUDITOR'S PARCEL;
THENCE SO°05'11"W 978.41 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL TO THE
SOUTHEAST CORNER THEREOF;
THENCE N89°19'26"W 985.54 FEET ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL;
THENCE N20°09'30"W 377.53 FEET;
THENCE N69°57'10"W 93.62 FEET;
THENCE NORTHEASTERLY 218.76 FEET ALONG THE ARC OF A 233.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY (CHORD BEARS N25°36'54"E 210.81 FEET);
THENCE N1*16'54"W 364.75 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 26.34 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Ordinance No.
Page 2
SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 201C
MAYOR
ATTEST:
CITY CLERK
Appr ved by
244A
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 09/01/2015
Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00013)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and St. Andrew Presbyterian Church (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and
WHEREAS, Owner has requested the rezoning of said property from Low Density Single
Family Residential (RS -5) to Planned Development Overlay Low Density Single Family
Residential (OPD -5) and approval of a Preliminary Sensitive Areas Development Plan; and
WHEREAS, the Sensitive Areas Development Plan includes wetland mitigation and buffer
reductions to allow construction of a church and associated parking lots; and
WHEREAS, the Planning and Zoning Commission has determined that the proposed
rezoning request complies with the Comprehensive Plan provided that it meets conditions
addressing the need for adequate public infrastructure and utilities; and
WHEREAS, the Planning and Zoning Commission has also recommended approval of
the requested zoning subject to a sufficient Wetland Mitigation Plan being approved by staff
prior to City Council consideration of the application; and
WHEREAS, Staff subsequently approved a wetland mitigation plan for this development;
and
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose
reasonable conditions on granting an owner's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable
to ensure the development of the property is consistent with the Comprehensive Plan and its
requirements for the installation of adequate infrastructure and utilities; and
WHEREAS, Owner acknowledges the need to improve Camp Cardinal Road to provide
street access to this property; and
WHEREAS, Owner recognizes that the extension of water and sewer lines is necessary
for the future development of surrounding properties; and
WHEREAS, 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. St. Andrew Presbyterian Church is the legal title holder of the property legally described
as the following:
ppdadmlagt/conditionalzoningagreement-draft 8-21-15(3).docx
LEGAL DESCRIPTION - OPD -5. SENSITIVE AREAS ZONING:
PART OF THE WEST FRACTIONAL 1/2 OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND PART OF AUDITOR'S PARCEL 2012062
AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, IOWA
CITY, JOHNSON COUNTY, IOWA DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012062;
THENCE N88°43'06"E 373.68 FEET ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2012062 TO
THE POINT OF BEGINNING;
THENCE CONTINUING N88°43'06"E 1122.53 FEET ALONG SAID NORTH LINE TO THE NORTHEAST
CORNER OF SAID AUDITOR'S PARCEL;
THENCE SO°05'11"W 978.41 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL TO THE
SOUTHEAST CORNER THEREOF;
THENCE N89°19'26"W 985.54 FEET ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL;
THENCE N20°09'30"W 377.53 FEET;
THENCE N69°57'10"W 93.62 FEET;
THENCE NORTHEASTERLY 218.76 FEET ALONG THE ARC OF A 233.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY (CHORD BEARS N25°36'54"E 210.81 FEET);
THENCE N1 016'54"W 364.75 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 26.34 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015)
provides that the City of Iowa City may impose reasonable conditions on granting an
owner's rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. In the event that the owner desires to develop any portion of the property prior to
platting, owner shall pave that portion of Camp Cardinal Road adjacent to the
property described above to City collector standards. Storm sewer and waterlines
shall also be extended within these same improvement limits. Construction plans
for Camp Cardinal Road, including the water and sewer infrastructure, must be
approved by the City prior to issuance of a foundation permit. Emergency vehicle
access and extension of water lines to the construction site must be complete
prior to issuance of a foundation permit. A final certificate of occupancy will not
be issued until these infrastructure improvements are complete and accepted by
the City.
b. In the event that the owner subdivides this property, or portion thereof, prior to
application for any building permit, including a foundation permit, owner shall
pave that portion of Camp Cardinal Road adjacent to any and all platted,
numbered lots and pave any internal streets (e.g. Elder Drive, as shown on the
Preliminary Sensitive Areas Development Plan, attached hereto), to City collector
street standards. Storm sewer and waterlines shall be extended within these
same improvement limits. These improvements shall be considered part of the
public improvements for the first phase of any such subdivision, and construction
shall be governed by the terms of a subdivider's agreement, which shall require
the public improvements be installed prior to issuance of any building permit on
any lots in the subdivision unless an improvements escrow is provided under the
terms set forth in said subdivider's agreement.
ppdadm/agt/conditionalzoningagreement-draft 8-21-15(3).docx 2
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2015), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform to 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 acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner from complying with all other applicable local, state, and
federal regulations.
8. 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 Owner's expense.
Dated this day of , 2015.
CITY OF IOWA CITY ST. ANDREW PRESBY
ATERIAN CHURCH
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office�i-
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdadm/agt/conditionalzoningagreement-draft 8-21-15(3).docx 3
By: , -SaN/lea 4g'06-Ctiacre
By:
This instrument was acknowledged before me on , 2015 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)
ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT:
State of -X,*
County of U o1n �5�✓�
This record w s acknowledged before me on A Date)
by(Name(s) of indi ' al(s) as
(type of authority, such as officer or trustee) of
s+ Awei to % I 1., . t,* -c► e,, r Uurd(name of party on behalf of whom record
was executed).
Notary Public ifl and for the Stat of Iowa
WENDY s. MAYER
(Stamp or Seal) DpmpionNwlnW721
Title (and Rank)
My commission expires: -1 j3-1 lQ
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To: Planning and Zoning Commission
Item: REZ15-00013
St. Andrew Presbyterian Church
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Bob Miklo
Date: August 6, 2015
St. Andrew Presbyterian Church
1300 Melrose Avenue
Iowa City, IA 52241
Contact Person: Hall & Hall Engineers, Inc.
Jason Santee, P.E.
319-362-9548
Jason@halleng.com
Requested Action: OPD -5 Sensitive Areas Rezoning and Preliminary
Plat approval for a 3 lot subdivision and amendment
of. previous Conditional Zoning Agreement (REZ14-
00012)
Purpose: To allow the development of a church and two lots
for future development
Location: North of Camp Cardinal Boulevard and east of
Camp Cardinal Road
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
33.37 acres
Vacant, RS -5
North:
Undeveloped, ID -RS
South:
Undeveloped, ID -RS
East:
Residential, OPD -1
West:
Undeveloped, P and IDRP
Residential 2 -8 dwelling units per acre
Clear Creek (NW1)
July 16th, 2015
August 30th 2015
The applicant, St. Andrew Presbyterian Church, has requested a rezoning of 33.37 acres located
north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low Density Single
2
Family Residential (RS -5) to Planned Development Overlay (OPD -5). The applicant has also
applied for approval of a preliminary plat of St. Andrew Presbyterian Church — Part One, which will
be reviewed at the August 20, Planning and Zoning Commission meeting, and a special exception
to allow construction of a church and associated parking lots on Lot 1 (24.19 acres). Development
is not currently proposed on Lot 2 (4.39 acres) or Lot 3 (3.38 acres).
The purpose of the OPD zone is for a Sensitive Areas Plan to allow the reduction of wetland
buffers and mitigation for portions of wetlands proposed to be disturbed by grading for stormwater
management facilities. The property also contains regulated slopes, a woodland and stream
corridor. Although there will be some disturbance of those features to allow installation of
stormwater management facilities and utility lines, the level of disturbance does not reach the
threshold requiring Planning and Zoning Commission and City Council review.
This property was rezoned from Interim Development (ID) to RS -5 in October 2014. That rezoning
was subject to a conditional zoning agreement requiring:
a. Camp Cardinal Road will be reconstructed to City collector street standards.
b. Water and sewer lines will be extended to the north and west property lines in
locations acceptable by the City Engineer.
c. Construction plans for Camp Cardinal Road and water and sewer infrastructure must
be approved by the City and under construction prior to issuance of any building
permit.
d. Emergency vehicle access and extension of water lines to the construction site must
be complete prior to the issuance of any building permit.
e. A final certificate of occupancy will not be issued until all infrastructure improvements
are complete and accepted by the City.
These conditions were put in place to assure that there will be adequate infrastructure to serve the
church and adjacent development. The applicant is requesting a modification of some of these
conditions based on the subdivision design which includes a new street, Elder Drive, which will
provide an alternative to Camp Cardinal Road.
St. Andrew Church indicated that they used the `Good Neighbor Policy' and held a neighborhood
meeting on July 30th, 2014 at which the original rezoning from ID -RS to RS -5 and the special
exception application were discussed.
ANALYSIS:
Environmentally Sensitive Areas: The property contains two wetlands which are labeled WL -
1 and WL -2 on the Sensitive Areas Development Plan. The applicant is proposing to displace
the northern portion of WL -1 and reduce required buffer from 100 feet to 50 feet for
approximately the north 1/3 to allow grading to create a stormwater management basin and a
portion of a parking lot. The applicant is also proposing to displace the north part of WL -2 and
to reduce a portion of the buffer to allow grading to recreate a pond that was previously drained.
The recreated pond is being designed to include wetlands to mitigate for the displacement of
wetlands on the north side of WL -1 and WL -2.
Depending on the quality of a wetland, the sensitive areas section of the zoning code allows
consideration of buffer reductions and compensatory mitigation if wetlands are allowed to be
disturbed. A wetland mitigation plan has been submitted by the applicant, demonstrating that
the wetland qualifies for a buffer reduction. However the written narrative of the mitigation plan
does not sufficiently address all of the requirements of the sensitive areas section of the zoning
code. The plan needs to address section 14-51-6 GA. including provisions for monitoring and
PCD\Staff Reports\2015\SUB15-00019
3
corrective measures if there are issues with the restoration work. This element is especially
important because a contractor with wetland restoration experience is not identified in the plan.
The applicant's consulting engineer has indicated that a revised mitigation plan will be submitted
prior to the August 6, Planning and Zoning Commission meeting. Staff recommends that
approval being subject to a sufficient Wetland Mitigation Plan including a schedule for
implementation and monitoring prior to Council consideration of the application.
As noted, in addition to wetlands the property contains woodlands, a stream corridor, and
protected slopes. These features are generally located in the southern portion of the property.
These areas will need to be disturbed to allow installation of essential utilities including sanitary
sewer lines, which is permitted by the ordinance. Otherwise minimal disturbance of these
features is proposed.
Grading of steep and critical slopes is proposed to allow construction of the new street,
stormwater management facilities, the church building and associated parking lots.
Approximately 32.5 % of the area covered by critical slopes is proposed to be graded. This is
less than the 35% threshold requiring Planning and Zoning Commission and City Council
review. Given the location of the steep and critical slopes on the property, this appears to be a
reasonable level of grading to allow development.
Conditional Zoning Agreement: With the development of this area, traffic will increase on
Camp Cardinal Road, especially during Sunday mornings and events such as weddings and
funerals. Given the size of the proposed church, some 2,015 trips are estimated each Sunday
(there will be far fewer vehicle trips on weekdays). In addition, further residential development
will require street access through Camp Cardinal Road due to steep ravines between Camp
Cardinal Boulevard and the developable areas. This volume of traffic necessitates the
improvement of Camp Cardinal Road to City collector street standards. For this reason the
previous rezoning was conditioned up the improvement of Camp Cardinal Road prior to the
occupancy of a building on this property.
In lieu of improving the entire length of Camp Cardinal Road, the applicant is proposing to
improve approximately the southern 450 feet. At that point a new street, Elder Drive, would
intersect with Camp Cardinal Road. Elder Drive would curve to the north and be located
approximately 400 feet parallel east of Camp Cardinal Road. The combination of Camp Cardinal
Road and Elder Drive, would provide access to Lot 1, the proposed church site, and lots 2 and
3, which will likely be subdivided in the future for residential development. Elder Drive would
also provide access to the Nepola property to the north.
The applicant proposes to change the Conditional Zoning Agreement to remove the requirement
that entire length of Camp Cardinal Road be improved prior to the occupancy of the church. In
staff's view the proposed partial improvement of Camp Cardinal Road and the construction of
Elder Drive, will accomplish the needed street access for the area, and recommends that the
Conditional Zoning Agreement be modified to allow this alternative. However it should be noted
that the remainder of Camp Cardinal Road should be improved prior to development of Lot 2.
The applicant is also requesting that extension of sanitary sewer lines to the north property line
to serve the Nepola property not be required. The applicant's engineer believes that an existing
sanitary sewer line in the Cardinal Ridge may be able to serve the Nepola property. The City
Engineer has indicated that the eastern and northern portion of the Nepola property can be
served by the line in Cardinal Ridge, but the southern and western portions are likely to need
sewer service from the south. In order to waive the requirement that the St. Andrew
development provide sewer service to the property line, we would need verification that the
existing sanitary stub to the north could reasonably serve the entire Nepola property. Without
such verification staff does not recommend changing this requirement.
PCMStaff Reports\2015\SUB15-00019
4
STAFF RECOMMENDATION:
Staff recommends that REZ15-00013, a request by St. Andrew Presbyterian Church for rezoning
33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from Low
Density Single Family Residential (RS -5) to Planned Development Overlay/Low Density Single
Family Residential (OPD5), be approved subject to a sufficient Wetland Mitigation Plan being
approved by staff prior to City Council consideration of the application, and subject to
Conditional Zoning Agreement specifying:
a. The portion of Camp Cardinal Road (430+/- LF) and Elder Drive to the north property line of
St Andrew Presbyterian Church shall be constructed to City collector standards. Storm
sewer and waterlines to be extended within these same improvement limits.
b. Water and sewer lines will be extended in locations acceptable by the City Engineer. (Note:
currently this would include extending water and sewer lines to the north and west property
lines)
c. Construction plans for Camp Cardinal Road and Elder Drive and water and sewer
infrastructure must be approved by the City prior to issuance of foundation permit.
d. Emergency vehicle access and extension of water lines to the construction site must be
complete prior to issuance of foundation permit.
e. A final certificate of occupancy will not be issued until all infrastructure improvements are
complete and accepted by the City.
DEFICIENCIES AND DISCREPANCIES:
1. Wetlands mitigation plan addressing all sections 14-51-6 including provisions for
monitoring and corrective measures if there are issues with the restoration work.
2. The Sensitive Areas Development Plan should include a signature block for the City
Clerk.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Development Plan
Approved by: 7 6,-,4 Yn�;=--
John Yapp, Devel ment Services Coordinator
Department of Neighborhood and Development Services
PCD\Staff Reports\2015\SUB15-00019
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HALL & HALL ENGINEERS, INC.
July 31, 2015
City of Iowa City Planning and Zoning Commission
%Bob Miklo
Planning Department
410 E Washington Street
Iowa City IA 52240
Re: St Andrew Church Rezoning Conditions Amendment Request
Ord No. 14-4597
Dear Planning and Zoning Commission,
i
On behalf of St Andrew Presbyterian Church we are requesting an amendment to the original Conditional
Zoning Agreement language. Since the original rezoning request there has been a change to the
development plans to include three lots, two of which are slated for future development and the other as
church campus.
Below is the original agreement language along with requested revisions to the language and justification:
Original Agreement Language
a. Camp Cardinal Road will be constructed to City collector street standards.
b. Water and sewer lines will be extended to the north and west property lines in location acceptable by
the City Engineer
c, Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by
the City and under construction prior to issuance of any building permit.
d. Emergency vehicle access and extension of water lines to the construction site must be complete prior
to the issuance of any building permit.
e. A final certificate of occupancy will not be issued until all infrastructure improvements are complete
and accepted by the City
Requested revised language
a. The portion of Camp Cardinal Road (430+/- LF) and Elder Drive to the north property line of St
Andrew Presbyterian Church shall be constructed to City collector standards. Storm sewer and
waterlines to be extended within these same improvement limits.
b. Sanitary sewer lines shall be extended to the west side of Camp Cardinal Road and to future
development lots west of Lot 1, St Andrew Church — Part One
c. Construction plans for Camp Cardinal Road/Elder Drive and water and sewer infrastructure must be
approved by the City prior to issuance of foundation permit.
d. Emergency vehicle access and extension of water lines to the construction site must be complete
prior to issuance of foundation permit.
e. No change
CIVIL ENGINEERING' LAND SURVEYING ` LAND DEVELOPMENT PLANNING' LANDSCAPE ARCHITECTURE
1860 Boyson Road ' Hiawatha, IA 52233 " Ph: 319 362.9548 " Fx: 319 362.7595 ` www,halleng.com
Justification/Clarifcation
a. Street configuration has changed since the original sumittal. The design team has worked with City
staff to arrive at a reasonable street network for this region of the City. Access is provided to the
church and to the parcel located north of the church property, which was the goal of the original
condition.
b. Sanitary sewer main lines are already in place north of the Nepola parcel to serve that property,
therefore references made requiring extension to the north property line has been removed.
c & d. Owner requests to begin grading activies yet this fail and will request an at risk grading permit if
weather is favorable. There is a chance that not all approvals will be in place by the time grading will
start, therefore we changed any building permit to foundation permit. In addition, we realize the
importance to have fire protection and an emergency vehicle access leading to the construction site
prior to placement of flammable materials of the structure.
You may contact us at 362-9548, if you have any questions or concerns regarding this project.
Respectfully Submitted,
afl
J son Santee, P.E.
Project Manager
Enclosures
Copy: John Roffman, St Andrew Presbyterian Church
CIVIL ENGINEERING ' LAND SURVEYING " LAND DEVELOPMENT PLANNING' LANDSCAPE ARCHITECTURE
1860 Boyson Road ' Hiawatha, IA 52233 ` Ph: 319.362.9548 ' Fx: 319.362.7595 ' www.halleng.com
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 2 of 18
The Commission voted 4-2 (Eastham and Martin voting No) to recommend approval of REZ15-
00017 a rezoning to approve a Preliminary Planned Overlay Plan for a 14.36 -acre Planned
Development Overlay - High Density Single Family Residential (OPD/RS-12) zone located east
of Riverside Drive and north of McCollister Boulevard subject to: (1) The two existing properties
(former Thatcher and Baculis parks) being combined into one lot; (2) Resurfacing of the
entrance road to the point of the new private street including a 5 foot sidewalk on the south
side of the street; (3) City Engineer approval of grading and drainage plans at time of final site
plan approval.
The Commission voted 6-0 to recommend approval of ANN15-00001 and REZ15-00014,
annexation of approximately 18.66 acres and a rezoning from County Multi -Family Residential
(RMF) to 1.91 acres of Low Density Multi -Family Residential (RM -12) and 16.75 acres of Low
Density Single Family Residential (RS -5) for the property located south of Herbert Hoover
Highway, subject to a Conditional Zoning Agreement stipulating: (1) The owner/developer will be
responsible for providing sanitary sewer and water service to this property; (2) Approval of a
development plan for the RM -12 zone, including a landscaping plan, exterior building designs,
and site plan by the Design Review Committee to ensure Comprehensive Plan policies
regarding compatibility with lower density residential properties and appropriate development
appearance for an entranceway to the City, will be required prior to approval of a building permit;
(3) The payment of fees required for the upgrade of Herbert Hoover Highway; (4) The
owner/developer will install a sidewalk along Herbert Hoover Highway to connect to Olde Towne
Village, with the location and design of the sidewalk to be approved by the City Engineer.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There were none.
REZONING ITEM_(REZ15-0001
Discussion of an application submitted by St. Andrew Presbyterian Church for a rezoning from Low
Density Single Family Residential (RS -5) to Planned Development Overlay (OPD -5) to allow
construction of a church and modification of wetlands, and an amendment to a previous Conditional
Zoning Agreement regarding requirements for the construction of Camp Cardinal Road, for 33.37
acres of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road.
Yapp began the staff report by stating that St Andrew has requested a rezoning of 33.37 acres of
property located on the east side of Camp Cardinal Road for a planned development and
Sensitive Areas Development Plan. The Sensitive Areas Development Plan is required due to
the proposal to reduce wetlands buffers and disturb a portion of the wetlands on the site. Yapp
presented an overview of the development concept.
Yapp stated there is a Conditional Zoning Agreement which applies to the property, which was
agreed to when the property was zoned to single family residential in 2014. That Conditional
Zoning Agreement required Camp Cardinal Road to be constructed to City collector street
standards, water and sewer lines to be extended to the north and west property lines,
construction plans being approved for public infrastructure prior to issuance of a building permit,
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 3 of 18
emergency vehicle access and water lines being installed prior to issuance of a building permit,
and a certificate of occupancy not being issued until infrastructure improvements are complete.
Yapp said that these conditions are consistent with requirements for new subdivisions, but that
they were a part of the initial zoning for this property due to the potential for the Church to be
developed without a subdivision.
Yapp said the Church has proposed some changes to the Conditional Zoning Agreement
requirements. Regarding the requirement that Camp Cardinal Road be reconstructed, the
Church has proposed reconstructing a portion of Camp Cardinal Road, and then constructing a
new street to the north property line, Elder Drive. The new street would be designed as a
collector street, would provide public street frontage for the Church parcel, and would extend a
street to the north property line to allow access to the property to the north. Yapp said staff is still
recommending the requirement that utility lines be extended to the north and west property lines,
consistent with policies for all development in the City to require extension of infrastructure to be
able to serve abutting properties as they develop. Yapp said that St Andrew representatives
have also requested a change in the condition related to when construction plans, emergency
vehicle access, and water lines are complete — the Church has requested the trigger be related
to issuance of a foundation permit. Yapp said this is a nuance, but that the City does not issue
foundation permits, the City issues 'building permits for foundations.'
Yapp described the wetland buffer reduction request, and the proposed areas of disturbance to
the wetlands. Yapp said the on-site wetland mitigation is proposed on the north end of the site,
the location of an old farm pond. The recreated pond is proposed to be designed as a wetland
mitigation site, and be planted with wetland plants. Yapp said that earlier today he received a
call from the applicants' engineer, who stated that the Church may propose to purchase an area
of a wetlands bank within the same watershed, in lieu of committing to a five-year monitoring
requirement for the on-site wetland. Yapp said the staff recommendation is subject to 'a
sufficient wetland mitigation plan being approved by staff prior to City Council consideration of
the application.' And that staff would require either the five-year monitoring requirement, or a
commitment to being a part of an existing wetlands bank. Yapp noted that if the wetland bank
option is pursued, it would be in a location already approved and monitored by the Corps of
Engineers.
Freerks asked about the percentages of woodlands and slopes being disturbed on the site, and
that the staff report states that the percentages did not reach the threshold for Planning and
Zoning Commission and Council review. Freerks stated the staff report is not clear as to the
level of disturbance of slopes and woodlands. Yapp showed an image of the areas of slope and
woodlands disturbance, and the construction limits line.
Freeks asked about the statement in the application that the owner will request an 'at risk'
grading permit, and asked what that means. Yapp said that he believed it meant the developer
will request a grading permit prior to final approval of the development plan. The Commission
discussed whether or not the applicant could request a grading permit prior to final approval. It
was clarified that property owners may request a grading permit after approval of a preliminary
plan or plat, before approval of a final plan or plat.
Yapp summarized the staff recommendation, which is to recommend approval subject to
approval of a wetland mitigation plan prior to City Council consideration, and subject to a
Conditional Zoning Agreement specifying:
a. The portion of Camp Cardinal Road and Elder Drive to the north property line being
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 4 of 18
constructed to City collector street standards, and storm sewer and water lines being
extended within the same improvement limits.
b. Water and sewer lines being extended in locations acceptable to the City Engineer.
c. Construction plans for Camp Cardinal Road and Elder Drive and water and sewer
infrastructure being approved prior to issuance of a building permit for a foundation.
d. Emergency vehicle access and extension of water lines to the construction site must be
complete prior to issuance of a foundation permit.
e. A final certificate of occupancy will not be issued until all infrastructure improvements are
complete and accepted by the City.
Loren Hoffman (Hall and Hall Engineering) stated he is the engineer representing St Andrew on
this project. Hoffman began by describing the site, and reviewed how they had gotten to this
point in their design. Hoffman showed on the map the small areas of wetlands proposed to be
disturbed, which is less than 1/10 of an acre of total disturbance — Hoffman said the Corps of
Engineers has approved this level of disturbance, and that they are faced with the five-year
monitoring requirement due to City standards. This is why they are pursuing buying into a
wetlands bank, which would be an already -approved wetlands area on the River Products
property. Hoffman discussed the zoning and conditional amendments that they were pursuing
which stem from the recirculation of the street and are working with City Staff closely to meet all
the requirements. Regarding the timing of the grading permit, they anticipate the rezoning
process to conclude around early October and don't expect to get the grading permit prior to
October. They are only asking to obtain a grading permit prior to the final plan approval. This is
because the church's schedule is to try to start construction as soon as possible and would like
to have the building pad prepped and ready for concrete crews to get in as early as possible in
the spring.
Freerks mentioned that the steep and critical slope requirements are a concern. The plan states
that 32.5% will be disturbed and it is at 35% when other requirements are needed. So to have
the grading permit prior to the final plan approval means there is a chance for potential of an
alteration and disturbing more than the 32.5% and that raises concern.
Hoffman showed the proposed grading map and construction limits line and stated they will not
expand on that proposed plan. The building area is the only area they are proposing to grade
this year and that will have been approved by P&Z and Council prior to the grading permit being
issued.
Hektoen stated that the grading permit approval is an administrative function and is a separate
issue from the rezoning.
John Roffman (chair of the Building Committee), stated that they are to be out of their current
church by the first of June next year so that is why they are requesting to move quickly on the
grading and not wait until spring and face uncertain weather conditions.
Hoffman also wished to clarify the area of woodlands is 7.1 acres, allowable impacts are up to
35% and their permanent impact will be 0.9% and potential impacts are almost 8%. With the
wetlands, there is a total wetland area of just over 1 acre. They will impact less than 1/10 of an
acre.
Dyer asked why they are proposing to put in a new road as opposed to developing to Camp
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 5 of 18
Cardinal Road. Hoffman explained that one of the requirements was to provide access to the
property north of the church and based on the placement of the church there is some benefit for
the placement of the street and it will just add to the street network of the area.
Freerks closed the public hearing.
Eastham asked about the wetland mitigation recommendation, and Yapp replied that Staff is
recommending approval of the mitigation of the wetland plan prior to City Council consideration.
Staff is okay with moving forward today without that as it will not change the site design that the
Commission is voting on. The applicant is committed to improving the pond and planting the
wetlands vegetation regardless. The question is whether the five year requirement for onsite
monitoring is conducted onsite or the other option of the applicant purchasing into a wetland
bank and the monitoring is done offsite.
Hensch moved to approve REZ15-00013 a request by St. Andrew Presbyterian Church for
rezoning 33.37 acres located north of Camp Cardinal Boulevard and east of Camp Cardinal
Road from Low Density Single Family Residential (RS -5) to Planned Development
Overlay/Low Density Single Family Residential (OPD5), be approved subject to a
sufficient Wetland Mitigation Plan being approved by staff prior to City Council
consideration of the application, and subject to Conditional Zoning Agreement
specifying:
a. The portion of Camp Cardinal Road (430+/- LF) and Elder Drive to the north property
line of St Andrew Presbyterian Church shall be constructed to City collector standards.
Storm sewer and waterlines to be extended within these same improvement limits.
b. Water and sewer lines will be extended in locations acceptable by the City Engineer.
(Note: currently this would include extending water and sewer lines to the north and west
property lines)
C. Construction plans for Camp Cardinal Road and Elder Drive and water and sewer
infrastructure must be approved by the City prior to issuance of foundation permit.
d. Emergency vehicle access and extension of water lines to the construction site must
be complete prior to issuance of foundation permit.
e. A final certificate of occupancywill not be issued until all infrastructure improvements
are complete and accepted by the City.
Dyer seconded the motion.
Eastham asked about the alignment of Elder Drive and if that was done in consideration with the
property owner to the north or any existing street design for their property. Yapp replied that the
property to the north is largely undeveloped with only a private lane on the property. One benefit
of Elder Drive being shifted to the east is it will be more centered to the property to the north and
helps with maximum cul -del -sac length. The property on the north is hemmed in by Walnut
Ridge to the east, the creek corridor and wetlands to the north, so the only access to the property
is from the south. Additionally it was very important for the church to have their structure built at
a certain location on the site so Elder Drive was adjusted to meet that need. In working with the
church over the past several months, staff noted that from the City's perspective it is important
that the church property have public street frontage which also drove the location of Elder Drive.
Eastham reiterated then clarification on how the street location will affect development of the
Planning and Zoning Commission
August 6, 2015 — Formal Meeting
Page 6 of 18
property to the north. Howard said that staff did look at a number of possible configurations for
subdivision layouts to the property to the north and staff felt this street location would be the best
for street patterns to the north.
Eastham added that in terms of wetland mitigation he feels that purchasing a wetland
management area for the applicant is probably better for smaller parcel areas rather than
managing the mitigation on their own.
Freerks agreed and stated that there is a reason the site has been undeveloped for so long, it is
a difficult and challenging area.
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ15-00015):
Discussion of an application submitted by Kum & Go, LC for a rezoning from Community
Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone for
approximately 1.45 acres of property located at the northwest corner of W. Benton Street and S.
Riverside Drive.
Howard began the report showing a location map of the area which is at the corner of Benton
Street and Riverside Drive, both arterial streets. The location is in the West Riverfront Subdistrict
of the Riverfront Crossings District. The applicant is proposing to redevelop the property with a
6,500 square foot convenience store and gas station (Quick Vehicle Servicing), which is a use
allowed by special exception in the West Riverfront Subdistrict through an exception if granted by
the Board of Adjustment. The Commission tonight will decide if the zoning is appropriate for the
site. Regardless of the use on the site, proposed gas station or something else in the future,
what is the appropriate zoning for the property. The goals for the West Riverfront Subdistrict is
to create a better corridor for pedestrians and bikes, a more aesthetically pleasing corridor and to
spur economic development along this corridor. Howard showed photos of the area as it exists,
noting that it is not pedestrian or bike friendly or aesthetically pleasant. Kum & Go has agreed to
meet all the Riverfront Crossing Standards and have a preliminary plan to show the Commission
this evening. It is a bit different than a usual gas station design, they are bringing the building to
the corner so it meets the form -based code and is more pedestrian friendly and will have the gas
pumps behind the building. The form -based code will require a number of building and design
standards including storefront windows, building articulation, and pedestrian friendly street
frontage. Kum & Go is also proposing an outdoor seating area on the Riverside Drive frontage
and would put a lot of landscaping along the Orchard Street side of the property. Howard
discussed the traffic issues along this corridor as well as the pedestrian issues. There are
currently entry access areas to the property on Riverside Drive and Benton Street but they do not
meet the current access management standards and present conflicts for both pedestrians and
motorists. So the plan is to consolidate the driveways on Riverside Drive to one access point, to
close the access points on Benton Street, and have a second access point onto Orchard Street
in a location that is deemed appropriate from the City's traffic engineers. The transportation
planners felt an access point on Benton Street would create an unsafe situation.
Staff recommends approval of REZ15-000151 a proposal to rezone approximately 1.45 acres of
property located at the northwest corner of South Riverside Drive and West Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -West Riverfront (RFC -WR}, subject to the
following conditions to address traffic and pedestrian safety issues caused by the subject
rezoning:
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ15-00013)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 33.37 ACRES OF PROPERTY
LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH OF CAMP CARDINAL
BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (I.S-5) TO PLANNED
DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD5) AND
APPROVAL OF PRELIMINARY SENSITVE AREAS DEVELOPMENT PLAN. TEZ15-00013)
WHEREAS, the applicant, St. Andrew Presbyterian Church, has requeste a rezoning of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road from ow Density Single Family
Residential (RS -5) to Planned Development Overlay/Low Density Single Fami Residential (OPD5) and
approval of a preliminary Sensitive Areas Development Plan; and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density
single family residential uses; and
WHEREAS, the Planning`%ndZoning Commission has the reviewed the proposed rezoning and
determined that it complies witComprehensive Plan subject to a sufficient Wetland Mitigation Plan
being approved by staff prior toCouncil consideration of the application; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plans bject to Conditional Zoning Agreement
specifying:
a. The portion of Camp Cardinal Road (4.3.0+/- LF) and EI er Drive to the north property line of
St Andrew Presbyterian Church shall be `constructed t City collector street standards. Storm sewer
and waterlines will be extended within these same imp vement limits.
b. Water and sewer lines will be extended to the no h and west property lines in locations acceptable
by the City Engineer.
c. Construction plans for Camp Cardinal Road d Elder Drive and water and sewer infrastructure
must be approved by the City prior to issuance o f, undation permit.
d. Emergency vehicle access and extension of ater lines to the construction site must be complete
prior to issuance of foundation permit.1
e. A final certificate of occupancy will not be issued untll,all infrastructure improvements are complete
and accepted by the City.
WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezo Ing request, over and above existing regulations, in order to
satisfy public needs caused by the reques d change; and
WHEREAS, the owner and applica has agreed that the property shall be developed in accordance
with the terms and conditions of the C nditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT DAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. ubject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property d scribed below is hereby reclassified from its curre4zoning designation of
Low Density Single Family R idential (RS -5) to Planned Development Overlay/Low Density Single Family
Residential (OPD5) and app val of a Preliminary Sensitive Areas Development Plan:Cal
AUDITOR'S PARCEL 2012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFxr u URN
COUNTY, IOWA RECORDER, IOWA CITY, JOHNSON COUNTY, IOWA.
SECTION II. ZONING MAP. The building official is hereby authorized and directeTOZhange the ning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final pill gel pro nd
publication of the ordinance as approved by law.
n�
w
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effec after its final passage, approval
and publication, as provided by law.
Passed and approved this day of , 20 4.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
c
cn
C=
y,
[ i
Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ15-00013)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and St. Andrew Presbyterian Church (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property
located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and
WHEREAS, byner has requested the rezoning of said property from Low Density Single
Family Residential (R' -5) to Planned Development Overlay (OPD -5) and approval of a
Preliminary Sensitive Are Development Plan; and
WHEREAS, the Sensl 've Areas Development Plan includes wetland mitigation and buffer
reductions to allow construction f a church and associated parking lots; and
p
WHEREAS, the Planning a Zoning Commission has determined the/equested zoning
is consistent with the Comprehensi Plan and has recommended approval of the requested
zoning, subject to Conditional Zoning Agreement specifying:
a. The portion of Camp CardinarRoad (430+/- LF) and Elder Drive to the north property
line of St Andrew Presbyterian Church sha/rth
ucted to City collector
standards and the storm sewer and waterlines nded within these same
improvement limits; and
b. Water and sewer lines will be extended to twest property lines in
locations acceptable by the City Engineer.
c. Construction plans for Camp Cardinal Road ae and water and sewer
infrastructure must be approved by the Cit prior to issuance of foundation permit.
d. Emergency vehicle access and extension water lines to the construction site must
be complete prior to issuance of foundati p rmit.
e. A final certificate of occupancy will not , e issu d until all infrastructure improvements
are complete and accepted by the C' ; and
WHEREAS, the Planning and Zoni Commission has also recommended approval of
the requested zoning subject to a sufficient Wetland Mitigation Plan being approved by staff
prior to City Council consideration/4.5
pplication; and
WHEREAS, Iowa Code §2015) provides that the City of Iowa City may impose
reasonable conditions on grantowner's rezoning request, over and above existing
regulations, in order to satisfy p6blic needs caused by the requested ange; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are reasonable
to ensure the developme�t`it of the property is consistent with the Comprehensive Plan and its
requirements for adequate infrastructure requirements; and
WHEREAS,/Owner acknowledges the need to improve Camp Cardinal Roagko provide
street access to this property; and
WHEREAS, Owner recognizes that the extension of water and sewe�QTTs 91hecessary
for the future development of surrounding properties; and —
41Mry
1
CA)
ppdadm/agUconditionalzoningagreemenl_rez15-00013_standrews.docx 1
WHEREAS, Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREF07, in consideration of the mutual promises contained herein, the parties
agree as follows: \\�
St. Andrew Presbyterian Church is the legal title holder of the property legally described
as the following -X.,
AUDITOR'S PARCEL 2,012062 AS RECORDED IN BOOK 57, PAGE 9 IN THE OFFICE OF'
LINN COUNTY, IOWA CORDER, IOWA CITY, JOHNSON COUNTY, IOWA.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Fu her, the parties acknowledge that Iowa Code §414.5 (2013)
provides that the City of I a City may impose reasonable conditions on granting an
owner's rezoning request, o er and above the existing regulations, in order to satisfy
public needs caused by the re ested change.
3. In consideration of the City's zoning the subject pr perty, Owner agrees that
development of the subject propertwill conform to all o er requirements of the zoning
' i
chapter, as well as the following con ons:
a. Camp Cardinal Road will be reconskIpted to City collector street standards.
b. Water and sewer lines will be extended to the north and west property lines in
locations acceptable by the City Engine .
c. Construction plans for Camp Cardinal d and water and sewer infrastructure must
be approved by the City and under ,con ruction prior to issuance of any building
permit.
d. Emergency vehicle access and extension of ater lines to the construction site must
be complete prior to the issuance/of any buildin ,,,permit.
e. A final certificate of occupan will not be issued until all infrastructure improvements
are complete and accepted y the City.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on" the land under Iowa Code §414.5 (2013), and that said
conditions satisfy publiq`needs that are caused by the requted zoning change.
5. The Owner and City acknowledge that in the event the subj .ct property is transferred,
sold, redeveloped; or subdivided, all redevelopment will conform to the terms of this
Conditional Zoning Agreement.
6. The parties Acknowledge that this Conditional Zoning Agreement s abe dented to be
�x
a covenant,4unning with the land and with title to the land, and shal a i n #t full f4de
and effec as a covenant with title to the land, unless or until releas -Fi4 reb-c rd by -the
City of I a City.
The arties further acknowledge that this agreement shall inure to the lebofit Rand,
all ccessors, representatives, and assigns of the parties.: r;
� Y w
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement- shall be
ppdadm/agt/conditionalzoningagreement_rez15-00013_standrews.docx 2
construed to relieve the Owner 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 Owner's expense.
Dated this day of 2015.
CITY OF IOWA CITY ST. ANDREW PRESBYTERIAN CHURCH
Matthew J. Hayek, Mayor By:
Attest:
f
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t
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Marian K. Karr, City Clerk By:
r
e
Approved by:
1
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
cs
STATE OF IOWA )
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on t 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City erk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ST. ANDREW PRESBYTERIAN CHURCH ACKNOWLEDGMENT:
State of _
County of
ppdadm/agt/conditionalzoningagreement_rez15-00013_slandrews.docx 3
This record was acknowledged before me on (Date)
by (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
(name of party on behalf of whom record
was executed).
ppdadm/agt/conditionalzoningagreement_rez15-00013_standrews.dou 4
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Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00002)
ORDINANCE NO. 15-4636
ORDINANCE VACATING AN UNPAVED STREET RIGHT-OF-WAY KNOWN AS AUDITOR'S PARCEL
#2008020 AND TWO UTILITY EASEMENTS WITHIN HIGHLANDER DEVELOPMENT (VAC15-00002).
WHEREAS, the applicant, Southgate Companies, has requested that the City vacate and convey to
the applicant the undeveloped right-of-way known as Auditor's Parcel 2008020 and two undeveloped utility
easements; and
WHEREAS, because this right-of-way has never been opened to the public and the utility lines have
not been installed within the easement areas, no circulation or provision of utilities will be affected; and
WHEREAS, these property rights encumber property in the Highlander Development and are no
longer in the public interest; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and
has recommended approval of the application.
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 the following rights:
A. The public right-of-way over Auditor's Parcel 2008020, in accordance with the plat thereof recorded
in 53, AT Page 258, Johnson County, Iowa Recorder's Office;
B. those utility easements established pursuant to the Underground Utility Easements recorded at
Book 4361, Page 685-686, in the Records of the Johnson County, Iowa Recorder's Office, which a
copy of the easement plat is attached hereto for reference.
SECTION 11. 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.
&�( ..
MAYOR
ATTEST:
hw,4�e- 7w�
C Y CLERK
App ved by
1.
City Attorney's Office �/,
Ordinance No. 15-4636
Page 2
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Botchway
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 08/18/2015
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration -------------------------
Vote for passage:
Date published 09/10/2015
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,
Botchway, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None.
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Prepared by: Katie Gandhi, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC15-00004)
ORDINANCE NO. 15-4637
ORDINANCE VACATING A PORTION OF HARRISON STREET LOCATED WEST OF LINN STREET
AND EAST OF DUBUQUE STREET (VAC15-00004).
WHEREAS, the applicant, City of Iowa City, has requested the vacation of that portion of the 80ft-
wide Harrison Street right-of-way located west of the Linn Street and south of Lot 4, Block 1, according to
the County Seat Addition to Iowa City, Iowa; and
WHEREAS, the right-of-way has never been developed, does not currently allow vehicular traffic,
and has been determined not necessary for future vehicular circulation; and
WHEREAS, this vacation will not impact vehicular access and circulation; it will not impact
emergency and utility vehicle access and circulation; it will not impact access of adjacent private
properties; and
WHEREAS, there are no private utilities on the property; and
WHEREAS, there is a subsurface public storm sewer in the right-of-way for which an easement
will be retained unless and until the storm sewer is relocated as a part of redevelopment; and
WHEREAS, the City finds it reasonable to maintain a 10' public access easement for pedestrian
circulation within the neighborhood; and
WHEREAS upon vacation, the City anticipates conveying it to CA Ventures, who will incorporate it
into the redevelopment of Lots 1-4, Block 1, County Seat Addition to Iowa City, Iowa, for a mixed-use
development, including a pedestrian walkway; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and
has recommended approval of the application subject to the retention of pedestrian easement, a minimum
of 10' in width, for the southern edge of the right-of-way.
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 that portion of the 80 -foot Harrison Street
public right-of-way lying south of Lot 4, Block 1, of the County Seat Addition to Iowa City, Iowa,
approximately 150 feet in length and containing 12,000 square feet more or less, subject a) to a public
access easement over the southernmost 10 feet, which shall not prevent use of the easement area for
below -grade foundations and support, landscaping, and building maintenance and cleaning and the
temporary closures thereof, and subject to b) a 15' storm sewer easement allowing access and
maintenance of the existing public storm sewer.
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.
Ordinance No. 15-4637
Page 2
MAYOR
ATTEST:
C- IJYtLERK
WAppr ed by
rc
City Attorneys Office
Ordinance No. 15-4637
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
X—
Botchway
x
Dickens
X—
Dobyns
x
Hayek
x
Mims
x
Payne
X—
Throgmorton
First Consideration 08/18/2015
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration ---------------------------
Vote for passage:
Date published 09/10/2015
Moved by Mims, seconded by Throgmorton, 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: Dickens, Dobyns,
Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None.
09-01-15
5g
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO ADD A DEFINITION FOR "ROOFTOP
SERVICE AREAS" AND ESTABLISH STANDARDS FOR SUCH USES.
WHEREAS, Iowa City, similar to other cities across the country, have experienced an
increased demand for outdoor seating areas associated with restaurants, bars, hotels, and
similar commercial uses; and
WHEREAS, rooftop service areas (RSAs) offer a similar outdoor atmosphere and add to the
vibrancy of commercial areas and are particularly attractive in urban settings where ground
level outdoor space on private property is limited; and
WHEREAS, due to the concentration of drinking establishments in the downtown area,
many are considered nonconforming with regard to the required 500 foot spacing requirement,
so without an amendment to the zoning ordinance, any expansion to include a rooftop service
area would not be allowed due to the prohibition against expansion of nonconforming uses;
WHEREAS, while rooftop service areas may be a desirable use in certain areas, for larger
rooftop service areas or for those associated with late night operations, such as bars, careful
consideration of location, proximity to residential uses, hours of operation, design, noise, and
accessibility need to be taken into account and therefore consideration of each on a case by
case basis through the special exception process is warranted; and
WHEREAS, for smaller rooftop service areas with limited hours of operation or for certain
uses, such as hotels, that are likely to take potential externalities into account due to presence
of overnight guests, a less stringent administrative design review process is appropriate; and
WHEREAS, noise control and use of amplified sound is of particular concern due to the
potential for sound to travel further from elevated locations, so special attention is needed when
considering design of these spaces to prevent nuisance noise and amplified sound should only
be allowed with oversight by the City through a temporary use permit or through special
provisions reviewed administratively by the City; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning
amendments and recommend 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 Article 14-9A, General Definitions, adding the following definition, as follows:
Rooftop Service Area (RSA): An accessory use to an Eating or Drinking
Establishment, Commercial Recreational Use, Hospitality -Oriented Retail Use or similar
principal use that is designed as an outdoor seating or gathering space located on a
rooftop or upper floor terrace of a building, and that is open to the public for events,
entertainment, meetings, and/or as a food and beverage service area. Rooftop patios or
upper floor terraces intended for private use by the residents or occupants of a building
are not considered RSAs. If the RSA is accessory to an establishment that is licensed
by the State to sell alcoholic beverages, it is considered a type of "Outdoor Service
Area" as defined in Section 4-1-1, and is subject to the applicable regulations in Title 4,
Alcoholic Beverages.
Ordinance No.
Page 2
B. Amend Section 14-4C-2, adding a new subsection V to allow rooftop service areas as
accessory uses in specific zoning districts and establish specific approval criteria for
RSAs, as follows:
V. Rooftop Service Areas (RSAs)
Rooftop Service Areas (RSAs), as defined in Article 14-9A, are allowed in accordance with
the regulations indicated in this subsection and Table 4C-2. Where a RSA is allowed as a
provisional use, the application for such approval shall be administered through the Design
Review process. Where a RSA is allowed only by special exception, an application for such
approval must be reviewed and approved by the Board of Adjustment. Any RSA accessory to
a use that is licensed by the State to sell alcoholic beverages is considered a type of
"outdoor service area," as defined in Title 4-1-1, and is subject to the applicable regulations
in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for
nonconforming Drinking Establishments, as set forth in paragraph 2, below.
Table 4C-2: Rooftop Service Areas (RSAs)
Zone
General Rules
Requirements
ID Zones, 14, 1.2
None permitted
Not applicable
Residential Zones
None Permitted
Not applicable
CO -1, CN -1, MU, RFC -G
Allowed as Provisional Uses
Compliance with approval criteria listed below.
For RSAs serving alcohol, compliance with
applicable regulations for outdoor service areas
in Title 4, Alcoholic Beverages.
Maximum Occupancy: 30, or the max.
occupancy for the principal use, whichever is
less.
Hours of Operation limited to: 10:00 AM to 10:00
PM or when the kitchen is closed, whichever is
more restrictive.
CI -1, CC -2, CH -1, C&2, C&5
Allowed as Provisional Uses within the hours
Compliance with approval criteria listed below.
RDP, ORP
of operation and occupancy limits stated in
For RSAs serving alcohol, compliance with
this Table.
applicable regulations for outdoor service areas
A RSA operating outside of the hours of
in Title 4, Alcoholic Beverages.
operation or occupancy limits set forth in this
Maximum Occupancy: 30, or the max.
table may be allowed by special exception.
occupancy for the principal use, whichever is
However, if located within 100 feet of a
less.
residential zone, no special exception is
Hours of Operation limited to: 10:00 AM to 10:00
allowed.
PM or when the kitchen is closed, whichever is
earlier.
For RSAs that require a special exception,
compliance with the general special exception
approval criteria set forth in 14-4B-3.
Ordinance No.
Page 3
RFC Zones, except RFC -G
C&10
If accessory to:
Hospitality -Oriented Retail Use: Allowed as a
provisional use in accordance with the hours
of operation set forth in this table. A RSA
operating outside these hours may be allowed
by special exception.
Commercial Recreational Use or Eating
Establishment: Allowed as a Provisional Use,
provided the RSA has an occupancy limit of
30 people or less and is in accordance with
the hours of operation set forth in this table. A
RSA operating outside of these hours of
operation or occupancy limits may be allowed
by special exception.
Drinking Establishment or other principal use
not listed above: Allowed only by special
exception.
If accessory to:
Hospitality -Oriented Retail Use: Allowed as a
provisional use.
Commercial Recreational Use or Eating
Establishment: Allowed as a Provisional Use,
provided the RSA has an occupancy limit of
50 people or less. A special exception is
required for RSAs proposed to exceed this
occupancy limit.
Drinking Establishments or other principal
uses not listed above: Allowed only by special
exception.
Compliance with approval criteria listed below.
For RSAs that require a special exception,
compliance with the general special exception
approval criteria set forth in 14-46-3.
For RSAs serving alcohol, compliance with
applicable regulations for outdoor service areas
in Title 4, Alcoholic Beverages.
Hours of Operation limited to:
10:00 AM to 10:00 PM -Sunday —Thursday
10:00 AM to 12:00 Midnight — Friday, Saturday,
or when the kitchen is closed, whichever is
earlier.
If located within 100 feet of a residential zone,
the maximum occupancy shall be 30 and the
hours of operation shall be limited to 10:00 AM to
10:00 PM daily or when the kitchen is closed,
whichever is earlier. These limits may not be
exceeded by special exception.
Compliance with approval criteria listed below.
For RSAs that require a special exception,
compliance with the general special exception
approval criteria set forth in 14-46-3.
For RSAs serving alcohol, compliance with
applicable regulations for outdoor service areas
in Title 4, Alcoholic Beverages.
If located within 100 feet of a residential zone,
maximum occupancy is 30 and hours of
operation limited to 10:00 AM to 10:00 PM daily
or when the kitchen is closed, whichever is more
restrictive. These limits may not be exceeded by
special exception
1. Approval Criteria for Rooftop Service Areas
a. Accessibility
The RSA shall meet all building and fire code requirements, be ADA compliant,
include elevator service, and have accessible restrooms provided.
b. Design
The RSA shall be designed in an attractive manner that will not detract from
adjacent uses, and will prevent nuisance and safety issues. The applicant shall
submit a design plan with the application for a RSA that, at a minimum, specifies and
illustrates the proposed size, dimensions, setbacks from adjacent buildings and roof
edges, occupancy load, layout, landscaping elements, access routes, elevator, and
accessible bathrooms. RSAs shall meet the following minimum standards. If a
special exception is required, the Board of Adjustment may impose additional or
more restrictive conditions to mitigate any anticipated externalities, including but not
limited to restrictions on hours of operation, lighting, size, occupancy load, and
setback and screening requirements.
1) The RSA shall be located directly adjacent to or above the use to which it is
accessory and there shall not be other uses located on floors in between the
RSA and the use to which it is accessory.
Ordinance No.
Page 4
2) The RSA must be setback from adjacent upper floor uses and the edge of
the roof and screened and completely enclosed within a decorative fence or
wall built of high quality, durable materials. Landscaping elements, such as
planters and green roofs, may be used to soften views or provide a buffer.
The setback and screening must be established in a manner that will not
unduly block light, air, or outdoor views from upper floor windows on abutting
buildings.
3) The RSA must be set back a minimum of 10 feet from the street -facing edge
of the roof. A smaller buffer between the RSA and the roof parapet or
guardrail may be allowed, provided the buffer is determined to adequately
address public safety. The buffer and screen wall shall be of a sufficient
depth and/or height and constructed of attractive, durable materials that may
also include landscaping elements to prevent persons from leaning or
dropping things over the parapet or guardrail that encloses the terrace or
rooftop. A design of the proposed buffer and screen wall shall be submitted
with the application.
4) The lighting must comply with Article 14-5G, Outdoor Lighting Standards.
Except for any lighting required by the building code, lights must be turned
off when the RSA is not in operation. A lighting plan shall be submitted that
illustrates compliance with these standards.
5) No signs shall be allowed in or on the exterior wall or fence of the RSA that
are within public view, as defined in 14-9A.
c. Management
1) For RSAs that are also outdoor service areas, as defined in Title 4, there
must be a RSA management plan in place and at least one employee must
be designated to monitor the safety and compliance of the RSA during hours
of operation. The proposed management plan shall be submitted with the
application. If nuisance or safety issues arise, the City may require
immediate changes to the management plan and/or the number of monitors
to remedy the situation and reserves the right to suspend or revoke the RSA
permit.
2) In the CB -10 Zone, where the building containing the RSA abuts or is directly
across a public alley from a property containing upper floor residential uses
or hotel rooms that have windows facing the RSA, the hours of operation of
the RSA are limited to 10:00 AM to10:00 PM Sunday through Thursday and
10:00 AM to 12:00 midnight Friday and Saturday.
d. Food Service
If alcohol is being served, food service must be provided. Prior to approval of a RSA,
the applicant must submit evidence indicating how this requirement will be met.
e. Noise
The design of the RSA must minimize the carry of noise across property boundaries.
Use of specialized screen wall materials, sound deadening techniques, or similar
may be required. Evidence of such a noise mitigation plan must be included with a
RSA application. In addition, after a RSA is established, the City reserves the right to
require additional measures to remedy any violation of the City's noise or nuisance
ordinance, as determined by the City.
Amplified Sound
Due to the potential nuisance to neighboring properties and the general public in the
Ordinance No.
Page 5
surrounding neighborhood, amplified sound is only allowed for RSAs associated with
hospitality -oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB -10
Zone, subject to the limitations set forth below. RSAs accessory to Hospitality -
Oriented Retail Uses are not required to obtain a temporary use permit, but must
comply with the City's noise and nuisance ordinance, and the standards stated
below. Amplified sound is only allowed for a RSA in the CB -10 zone upon receipt of
a seasonal temporary use permit, unless it is accessory to a hospitality -oriented use.
Permits for amplified sound are subject to the standards and restrictions set forth
below and the general approval criteria for temporary uses as set forth in Article 14-
4D. A temporary use permit may be denied or rescinded at the discretion of the City
if noise becomes a nuisance or terms of the temporary use permit or the special
exception conditions are violated.
1) If a RSA is located within 300 feet of a residential zone, amplified sound
is prohibited;
2) The City may restrict the hours when amplified sound may be used.
However, in no case shall amplified sound be permitted between the
hours of 12:00 midnight and 10:00 AM;
3) No live entertainment using amplification shall be allowed;
4) Amplified sound may be restricted or prohibited during public events,
festivals or concerts;
5) The applicant must demonstrate to the satisfaction of the City that the
design of the RSA will minimize carry of noise across property
boundaries. Use of specialized screen wall materials, sound deadening
techniques, control of volume, or similar may be required.
2. Additional Special Exception Approval Criteria for Nonconforming Drinking
Establishments
A RSA accessory to a nonconforming Drinking Establishment may be allowed by special
exception provided it meets the general approval criteria for special exceptions set forth in
14-4B-3, the approval criteria stated above for all RSAs and the additional approval criteria
listed below:
a. The RSA shall be located directly above and contiguous to the licensed drinking
establishment. Contiguous means there may not be other uses located on floors in
between the drinking establishment and the accessory RSA.
b. There shall be no horizontal expansion of the licensed drinking establishment;
c. There shall be no increase in interior floor area or interior occupant load of the existing
drinking establishment, except if necessary for required bathrooms, elevator, stairs,
kitchen equipment, or other essential elements necessary to meet accessibility, building
code requirements or to meet the requirements or conditions of the special exception.
C. Amend 14-4D-2, Temporary Uses Allowed, by adding a new subparagraph as follows:
• Seasonal permit for any proposed amplified sound for rooftop service areas (RSAs)
located in the Central Business District (CB -10), subject to the standards and
restrictions set forth in Section 14 -4C -2V, Rooftop Service Areas, and any other
conditions deemed appropriate by the City to ensure the general comfort, welfare and
safety of the public.
D. Delete 14 -4E -5A-1, and substitute in lieu thereof:
Ordinance No.
Page 6
1. A nonconforming use shall not be enlarged, except as set forth in this Section 5.
E. Amend subsection 14 -4E -5G, Nonconforming Drinking Establishments and Alcohol Sales -
Oriented Retail Uses, by adding a new paragraph 4, as follows:
4. Non -conforming Drinking Establishments may expand to include a rooftop service
area upon approval of a special exception pursuant to the criteria set forth in 144C,
Accessory Uses.
F. Amend Design Review Article, Section 14 -3C -2A, adding a paragraph 11, as follows:
11. Rooftop Service Areas as set forth in 14-4C, Accessory Uses.
G. Amend Design Review Article, Section 14 -3C -3A -1a, to require a Level 1 Design Review for
rooftop service areas by adding a paragraph 12 as follows:
(12) Rooftop Service Areas as set forth in 144C, Accessory Uses.
H. Amend Design Review Article, Section 14 -3C -3B, setting forth design review approval
criteria for rooftop service areas by adding a paragraph 10, as follows:
10. Rooftop Service Areas allowed as provisional uses according to approval criteria set
forth in 14-4C, Accessory Uses.
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 day of , 2015.
MAYOR
ATTEST:
CITY LERK
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:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 08/18/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration 09/01/2015
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Date published
Marian Karr
From: Tom Markus
Sent: Wednesday, August 26, 2015 10:57 AM
To: Geoff Fruin; Marian Karr
Subject: RE: whether or not "chair lifts" can be used to provide access to rooftop service areas
Yes let's add this to the packet.
From: Doug Boothroy
Sent: Wednesday, August 26, 2015 10:49 AM
To: Geoff Fruin
Cc: Tim Hennes
Subject: whether or not "chair lifts" can be used to provide access to rooftop service areas
The 2015 International Building Code wouldron hibit the use of "chair lifts" to access rooftop service areas. Staff would
not recommend amending the IBC to allow "chair lifts."
"Chair lifts" are designed only to be used to navigate different elevations located within a floor. Elevators are designed
to be used for multi floor and roof penetrations. Elevators are also approved/certified by the State with required annual
inspections to ensure their maintenance and safety.
I'll be at the Council meeting to answer any additional questions concerning this matter.
1
S 3
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMNDING TITLE 14: ZONING TO ADD A DEFINITI N FOR "ROOFTOP
SERVICE AREAS" AN ESTABLISH STANDARDS FOR SUCH USES.
WHEREAS, Iowa C�y, similar to other cities across the country" have experienced an
increased demand for outdoor seating areas associated with restay%ants, bars, hotels, and
similar commercial uses; a4d
WHEREAS, rooftop service areas (RSAs) offer a similar outdoor'atmosphere and add to the
vibrancy of commercial ares and are particularly attractive in an settings where ground
level outdoor space on private',property is limited; and
WHEREAS, due to the ccentration of drinking establishments in the downtown area,
many are considered nonconfa ing with regard to the required 500 foot spacing requirement,
so without an amendment to the\zoning ordinance, any exp rasion to include a rooftop service
area would not be allowed due to � e prohibition against ex nsion of nonconforming uses;
WHEREAS, while rooftop servl a areas may be a desirable use in certain areas, for larger
rooftop service areas or for those ssociat id with late ;night operations, such as bars, careful
consideration of location, proximity residential use.S� hours of operation, design, noise, and
accessibility need to be taken into a count and therefore consideration of each on a case by
case basis through the special except r
WHEREAS, for smaller rooftop se
uses, such as hotels, that are likely to t
of overnight guests, a less stringent ada
WHEREAS, noise control and use
potential for sound to travel further from
considering design of these spaces to p
be allowed with oversight by the City
provisions reviewed administratively by t
WHEREAS, the Planning and Z
amendments and recommend armrov I.
process is*arranted; and
areas ith limited hours of operation or for certain
pote tial externalities into account due to presence
trat' a design review process is appropriate; and
e9p
/lified sound is of particular concern due to the
ted locations, so special attention is needed when
t nuisance noise and amplified sound should only
nligh a temporary use permit or through special
;it and
ing C6(nmission has reviewed the proposed zoning
NOW, THEREFORE, BEFe'neral
AINED BY\addiof'
TY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code onces of the Iowa City, Iowa is hereby amended as
follows:
A. Amend Article 14-9A, Definitionsthe followingdefinition, as follows:
Rooftop Service ' a (RSA): An accessory use an Eating or Drinking
Establishment, C . mercial Recreational Use, Hos 'tality-Oriented Retail Use or similar
principal use th :is designed as an outdoor seating gathering space located on a
rooftop or up p r1floor terrace of a building, and that is en to the public for events,
entertainme _,,meetings, and/or as a food and beverag service area. Rooftop patios or
Upper floor e_races intended for private use by the reside is or occupants of a building
are not rxsidered RSAs. If the RSA is accessory to an es blishment that is licensed
by the tate to sell alcoholic beverages, it is considered a ty of "Outdoor Service
Area" as defined in Section 4-1-1, and is subject to the applica a regulations in Title 4,
Alco olic Beverages.
Ordinance No.
Page 2
B. Amend Section 14-4C-2, adding a new subsection V to allow roofto service areas as
accessory uses in specific zoning districts and establish specifi approval criteria for
RSAs, as follows:
V. Rooftop Service Areas (RSAs)
Rooftop Service Areas (RSAs), as efined in Article 14-9A, are Ilowed in accordance with
the regulations indicated in this sub ction and Table 4C-2. ere a RSA is allowed as a
provisional use, the application for s ch approval shall be ad inistered through the Design
Review process. Where a RSA is all wed only by special exception, an application for such
approval must be reviewed and appr Vied by the Board of /Adjustment. Any RSA accessory to
a use that is licensed by the State tosill alcoholic beverages is considered a type of
"outdoor service area," as defined in Title 4-1-1, and is subject to the applicable regulations
in Title 4, Alcoholic Beverages. Additional approval criteria apply to RSAs proposed for
nonconforming Drinking Establishments as set forth in paragraph 2, below.
i
1
Table 4C-2: Rooftop Service Areas (RSAs)
Zone
General Rules
Requirements
ID Zones, 11-1, 11,2
None permitted
Not applicable
Resiidendal Zones
None Permitted
Not applicable
CO.1, CN -1, MU, RFC -G
Allowed as Provisional Us s
Compliance with approval criteria listed below,
For RSAs serving alcohol, compliance with
applicable regulations for outdoor service areas
in Title 4, Alcoholic Beverages.
Maximum Occupancy: 30, or the max.
occupancy for the principal use, whichever is
less.
Hours of Operation limited to: 10:00 AM to 10:00
PM or when the kitchen is closed, whichever is
more restrictive.
CI -I, CC -2, CH -1, C&2, CII -5
Allowed is Provisional Uses within the ours
Compliance with approval criteria listed below.
RDP, ORP
of operation and occupancy limits state '
For RSAs serving alcohol, compliance with
this Table.
applicable regulations for outdoor service areas
A R$A operating outside of the hours of
in Title 4, Alcoholic Beverages.
operation or occupancy limits set forth in this
Maximum Occupancy: 30, or the max.
tale may be allowed by special exception.
upancy for the principal use, whichever is
However, if located within 100 feet of a
I s.
residential zone, no special exception is
Hou of Operation limited to: 10:00 AM to 10:00
;'allowed.
PM or en the kitchen is closed, whichever is
earlier.
For RSAs tha uire a special exception,
compliance with a general special exception
approval criteria sei�)gh in 14-4B-3.
Ordinance No.
Page 3
Zones, except RFC -G
If accessory to:
Hospitality -Oriented Retail Use: Allowed as a
provisional use in accordance with the hours
of operation set forth in this table. A RSA
operating outside these hours may be allowed
as a special exception.
Comme ial Recreational Use or Eating
Establish ent: Allowed as a Provisional Use
in accorda a with the occupancy limit and
hours of ope tion set forth in this table A RSA
operating out
'de of these hours of operation
or occupancy limits is allowed only by special
exception.
Drinking Establish ent or other principal use
not listed above: All wed only by special ,
exception. r'
If accessory to:
Hospitality -Oriented Retail e: ,Mowed as a
provisional use.
Commercial Recreational � Use o Eating
Establishment: Allowed a Pro 'sional Use,
provided the RSA has pfi occupan y limit of
50 people or less. A special except n is
required for RSAs proposed to excthis
occupancy limit. .,' t
Drinking Establishments or other princiry
uses not listed above: Allowed only by Aec is
exception.
i
Compliance with approval criteria listed below.
For RSAs that require a special exception,
compliance with the general special exception
approval criteria t forth in 14-4B-3.
For RSAs servi g alcohol, compliance with
applicable re lations for outdoor service areas
in Title 4, Al holic Beverages.
Maximum ccupancy: 30, or the max.
occupan for the principal use, whichever is
less.
Hour of Operation limited to:
10: 0 AM to 10:00 PM -Sunday —Thursday
1,tl:00 AM to 12:00 Midnight — Friday, Saturday,
r when the kitchen is closed, whichever is
earlier.
If located within 100 feet of a residential zone,
the maximum occupancy shall be 30 and the
hours of operation shall be limited to 10:00 AM to
10:00 PM daily or when the kitchen is closed,
whichever is earlier. These limits may not be
exceeded by special exception.
Compliance with approval criteria listed below.
For RSAs that require a special exception,
compliance with the general special exception
approval criteria set forth in 14-413-3.
For RSAs serving alcohol, compliance with
applicable regulations for outdoor service areas
in Title 4, Alcoholic Beverages,
If located within 100 feet of a residential zone,
maximum occupancy is 30 and hours of
operation limited to 10:00 AM to 10:00 PM daily
or when the kitchen is closed, whichever is more
restrictive. These limits may not be exceeded by
special exception
1. Approval Criteria for Roofop Service Areas
a. Accessibility
The RSA shall meetAll building and fire code req 'rements, be ADA compliant,
include elevator service, and have accessible restr oms provided.
b. Design
The RSA shall be/designed in an attractive manner
adjacent uses, add will prevent nuisance and safety i
submit a desigryplan with the application for a RSA th
illustrates the proposed size, dimensions, setbacks fr
edges, occuponcy load, layout, landscaping elements
accessible b�throoms. RSAs shall meet the following
special excdption is required, the Board of Adjustmen
more rest ,i1ctive conditions to mitigate any anticipated
limited to restrictions on hours of operation, lighting, s
setback and screening requirements.
at will not detract from
sues. The applicant shall
t, at a minimum, specifies and
o adjacent buildings and roof
ccess routes, elevator, and
Mimum standards. If a
t m y impose additional or
ext nalities, including but not
ize, cupancy load, and
Ordinance No.
Page 4
1) The RSA shall be located directly adjacent to or above the use to which it is
accessory and there shall not be other uses located on floors in between the
RSA and the use to which it is accessory. 1
2) The RSA must be setback from adjacent upper flo r uses and the edge of
the roof and screened and completely enclosed thin a decorative fence or
wall built of high uality, durable materials. Land caping elements, such as
planters and gre n roofs, may be used to softe views or provide a buffer.
The setback and creening must be establish d in a manner that will not
unduly block light,,air, or outdoor views from pper floor windows on abutting
buildings.
3) The RSA must be spt back a minimum of 0 feet from the street -facing edge
of the roof. A smaller buffer between the SA and the roof parapet or
guardrail may be allowed, provided the uffer is determined to adequately
address public safety's The buffer and creen wall shall be of a sufficient
depth and/or height aM constructed f attractive, durable materials that may
also include landscapi g elements prevent persons from leaning or
dropping things over th parapet guardrail that encloses the terrace or
rooftop. A design of the ropose buffer and screen wall shall be submitted
with the application.
4) The lighting must comply ith rticle 14-5G, Outdoor Lighting Standards.
Except for any lighting req it d by the building code, lights must be turned
off when the RSA is not in eration. A lighting plan shall be submitted that
illustrates compliance with se standards.
5) No signs shall be allowed, n on the exterior wall or fence of the RSA that
are within public view, a7Idefi din 14-9A.
c. Management ,
1) For RSAs that are als#{outdoor ervice areas, as defined in Title 4, there
must be a RSA management pl in place and at least one employee must
be designated tom nitor the saf and compliance of the RSA during hours
of operation. The ptoposed mana ement plan shall be submitted with the
application. If nuipance or safety is ues arise, the City may require
immediate chances to the manage ent plan and/or the number of monitors
to remedy the §ituation and reserves the right to suspend or revoke the RSA
permit. '
2) In the CB-10/Zone, where the building ontaining the RSA abuts or is directly
across a public alley from a property c taining upper floor residential uses
or hotel r0ms that have windows facin the RSA, the hours of operation of
the RSA $re limited to 10:00 AM to10:00 M Sunday through Thursday and
10:00 AM to 12:00 midnight Friday and S urday.
d. Food Service`
If alcohol is �eing served, food service must be prov ed. Prior to approval of a RSA,
the applica�t must submit evidence indicating how thi requirement will be met.
a
e. Noise
The de fgn of the RSA must minimize the carry of noise cross property boundaries.
Use 0 specialized screen wall materials, sound deadenin techniques, or similar
may be required. Evidence of such a noise mitigation plan ust be included with a
RSA application. In addition, after a RSA is established, the ity reserves the right to
require additional measures to remedy any violation of the Ci 's noise or nuisance
ordinance, as determined by the City.
Ordinance No.
Page 5
f. Amplified Sound il
Due to the potential nuisance to neighboring properties and t e general public in the
surrounding neighborhood, amplified sound is only allowed f r RSAs associated with
hospitality -oriented retail uses in the RFC -SD subdistrict a d for RSAs in the CB -10
Zone, subject to the limitations set forth below. RSAs accessory to Hospitality -
Oriented Retail Uses are not required to obtain a tem orary use permit, but must
comply with the City's not and nuisance ordinanc , and the standards stated
below. Amplified sound is o ly allowed for a RSA in t e CB -10 zone upon receipt of
a seasonal temporary use p rmit, unless it is access ry to a hospitality -oriented use.
Permits for amplified sound re subject to the st dards and restrictions set forth
below and the general approJal criteria for tempo ry uses as set forth in Article 14-
4D. A temporary use permit may be denied or r cinded at the discretion of the City
if noise becomes a nuisance)pr terms of the emporary use permit or the special
exception conditions are violat .
1) If a RSA is located vAthin 300 feet f a residential zone, amplified sound
is prohibited;
2) The City may restrict a hours hen amplified sound may be used.
However, in no case s all am ified sound be permitted between the
hours of 12:00 midnigh and 0:00 AM;
3) No live entertainment u ing mplification shall be allowed;
4) Amplified sound may be r tricted or prohibited during public events,
festivals or concerts;
5) The applicant must de strate to the satisfaction of the City that the
design of the RSA will in mize carry of noise across property
boundaries. Use of s cial ed screen wall materials, sound deadening
techniques, control r volu e, or similar may be required.
2. Additional Special Exception Apprval Crite is for Nonconforming Drinking
Establishments
A RSA accessory to a nonconforming Drinking stablishment may be allowed by special
exception provided it meets the general approva criteria for special exceptions set forth in
14-413-3, the approval criteria st'y ted above for all SAs and the additional approval criteria
listed below: /
a. The RSA shall be located directly above and c ntiguous to the licensed drinking
establishment. Contiguoyi means there may n t be other uses located on floors in
between the drinking establishment and the acc ssory RSA.
b. There shall be no horizpntal expansion of the lic nsed drinking establishment;
c. There shall be no increase in interior floor area o interior occupant load of the existing
drinking establishment, except if necessary for re uired bathrooms, elevator, stairs,
kitchen equipment, r other essential elements ne essary to meet accessibility, building
code requirements�or to meet the requirements or nditions of the special exception.
C. Amend 14-4D-2, Temporary Uses Allowed, by adding a rliew subparagraph as follows:
• Seasonal perr it for any proposed amplified sound for oftop service areas (RSAs)
located in the 'Central Business District (CB -10), subject to the standards and
restrictions set forth in Section 14 -4C -2V, Rooftop Servic Areas, and any other
conditions deemed appropriate by the City to ensure the neral comfort, welfare and
safety of the public.
Ordinance No.
Page 6
D. Delete 14 -4E -5A-1, and substitute in lieu thereof:
1. A nonconforming use shall not l6 enlarged, except as set,forth in this Section 5.
E. Amend subsection 14 -4E -5G, Noncobforming Drinking Estalishments and Alcohol Sales -
Oriented Retail Uses, by adding 4 new paragraph 4, asfollows:
4. Non -conforming Drinking Establishments mayex and to include a rooftop service
area upon approval of a specia exception purs nt to the criteria set forth in 14-4C,
Accessory Uses.
F. Amend Design Review Article, Section�1
11. Rooftop Service Areas as set
a paragraph 11, as follows:
in 14-4C, Accessory Uses.
G. Amend Design Review Article, Section 1C -3A -1a, to require a Level 1 Design Review for
rooftop service areas by adding a pa-VC
ar graph 12 as follows:
(12) Rooftop Service Areas as set orth in 14-4C, Accessory Uses.
H. Amend Design Review Article, Sec 'on 14-3 -3B, setting forth design review approval
criteria for rooftop service are by addin� a paragraph 10, as follows:
10. Rooftop Service Areas flowed as
forth in 14-4C, Accessory Vdses.
SECTION II. REPEALER. Ala` ordinances and parry
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, p
adjudged to be invalid or unconstitutional, such adji
Ordinance as a whole ort any section, provision
unconstitutional.
f
nal uses according to approval criteria set
of ordinances in conflict with the provisions
SECTION IV. EFFEQTIVE DATE. This Ordinance
approval and publicationr''
Passed and approved this day of
MAYOR
ATTEST:
CITI� C ERK tar
Approved by: CGtaIr
City Attorney's Office g Mlr_';
kion or part of the Ordinance shall be
ition shall not affect the validity of the
part thereof not adjudged invalid or
be in effect after its final passage,
2015.
09-01-15
5h
Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, TO ACKNOWLEDGE
AND CROSS-REFERENCE AMENDMENTS PROPOSED TO THE ZONING CODE
ALLOWING ROOFTOP SERVICE AREAS AND AMENDMENTS TO TITLE 10, PUBLIC WAYS
AND PROPERTY, TO ALLOW SIDEWALK CAFES IN THE RIVERFRONT CROSSINGS
DISTRICT.
WHEREAS, Iowa City, similar to other cities across the country, has experienced an
increased demand for outdoor seating areas associated with restaurants, bars, hotels, and
similar commercial uses; and
WHEREAS, rooftop service areas offer a similar outdoor atmosphere and add to the
vibrancy of commercial areas and are particularly attractive in urban settings where ground
level outdoor space on private property is limited; and
WHEREAS, similar to outdoor seating areas located at the ground level, owners of
establishments that have rooftop service areas may wish to serve alcoholic beverages in the
rooftop seating areas; and
WHEREAS, outdoor areas where alcoholic beverages areas are served for on-site
consumption are defined as 'outdoor service areas" and rules for these areas are set forth in
Title 4, Alcoholic Beverages; and
WHEREAS, in order to allow service of alcohol in rooftop service areas, it is necessary to
amend Title 4 to acknowledge and clarify the standards for this new type of outdoor seating
area and cross reference the zoning standards that apply; and
WHEREAS, a provision that requires establishments that serve alcohol to be located
entirely on the ground floor of buildings with windows allowing views into the interior space is
obsolete as changes to police procedure have since addressed concerns about establishments
that are located either above or below the ground level floor. In addition, the provision has been
rendered virtually meaningless by repeated amendments over the years allowing numerous
exemptions to this rule, so it is in the interests of the City to delete this requirement in its
entirety rather than to create one more exemption from this rule for rooftop service areas; and
WHEREAS, the redevelopment in the Riverfront Crossings District is likely to increase
demand for sidewalk cafes in areas where mixed-use and commercial buildings are being
encouraged; and
WHEREAS, sidewalk cafes are a desirable use to encourage active, pedestrian -friendly
streets; and
WHEREAS, Title 10 sets forth the zones and locations where sidewalk cafes are allowed on
public property, so in order to allow sidewalk cafes in the Riverfront Crossings District, Title 10
must be amended.
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 4-2-2B.
B. Amend the Regulations of Outdoor Service Areas paragraph 4-3-1C-1, by adding anew
sub -paragraph d. as follows, and re -numbering subsequent subparagraphs accordingly:
Ordinance No.
Page 2 of 3
d. An outdoor service area may be located on a rooftop if it is in compliance with the
standards of this Title and the applicable standards and approval processes for Rooftop
Service Areas, as set forth in Article 14-4C, Accessory Uses. Note that a special
exception may be required.
C. Delete the current location restriction for outdoor service areas set forth in 4-3-1 C-1 e(1),
and substitute in lieu thereof:
(1) For outdoor service areas located in the RFC -G Zone, hours of operation are limited to
7:00 AM to 10:00 PM daily, or when the kitchen is closed, whichever is more restrictive.
For all other RFC Zones, hours of operation for outdoor service areas are limited to 7:00
AM to 10:00 PM on Sundays through Thursdays; and 7:00 AM to 12:00 Midnight on
Fridays and Saturdays, or when the kitchen is closed, whichever is more restrictive.
However, if an outdoor service area is located within 100 feet of a residential zone,
hours of operation are limited to 7:00 AM to 10:00 PM daily, or when the kitchen is
closed, whichever is more restrictive.
D. Delete the noise restrictions for outdoor service areas in paragraph 4-3-1C-5, and substitute
in lieu thereof:
5. Noise Restrictions: Compliance with the City noise ordinance shall be required. Amplified
sound shall be prohibited in outdoor service areas, except for limited use in rooftop
service areas as set forth in 14-4C, Accessory Uses, and 14-413, Temporary Uses.
E. Delete paragraph 10-3-3A, allowing for sidewalk cafes in certain public rights-of-way, and
substitute in lieu thereof:
A. Sidewalk cafes are permitted in the public right-of-way only in the Central Business
Zones (CB -2, CB -5, and CB -10 zones) and in the Riverfront Crossings District.
F. Delete the current hours of operation limitations for sidewalk cafes paragraph 10-3-3G., and
substitute in lieu thereof:
G. In the Central Business Zones, sidewalk cafes shall operate only between the hours of
seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. In the Riverfront
Crossings District, sidewalk cafes shall operate only between the hours of 7:00 A.M. and
10:00 P.M. in the RFC -G Zone. In all other RFC Zones sidewalk cafes shall operate only
between the hours of 7:00 AM and 10:00 PM Sunday through Thursday and between
the hours of 7:00 AM and 12:00 midnight Friday and Saturday.
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 day of , 2015.
Ordinance No.
Page 3 of 3
MAYOR
ATTEST:
CITY CLERK
Approved by: «
City Attorney's Office g l 131
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 08/18/2015
Vote for passage: AYES: Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None.
that the
Second Consideration 09/01/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Date published