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HomeMy WebLinkAbout2017-03-21 OrdinancePrepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. 17-4698 AN ORDINANCE CONDITIONALLY REZONING 10.26 ACRES OF PROPERTY LOCATED AT NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE FROM INTERIM DEVELOPMENT (ID -RS) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00008) WHEREAS, the owner, Charles Jeffery Larson, has requested a rezoning of 10.26 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) Zone to Low Density Multi -Family Residential (RM -12) Zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing preservation of the wooded ravines and general compliance with the submitted concept which includes a maximum of 60 dwelling units; 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 Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the a P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Ordinance No. 17-4698 Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21 day of March . 20 17 ATTEST: CITY CLERK Appr ved by ity Attorneys Office 31a J 1 r'j Ordinance No. 17-4698 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/07/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/30/2017 Moved by Mims, seconded by Botchway, 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: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Prepared by: Marti Wolf, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Charles Jeffrey Larson (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 10.26 acres of property located north of Scott Boulevard, between Hickory Heights Lane and First Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development (ID -RS) to Low Density Multifamily Residential (RM -12); and WHEREAS, development of this property is constrained by wooded ravines, regulated slopes, and the necessary on-site stormwater detention management obligations, limiting the achievable density and developable lot area; WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building and site design to minimize impact on the wooded ravines located on the property the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the public need to minimize disturbance of the wooded ravines present on the property; 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. Charles Jeffrey Larson is the legal title holder of the property legally described as: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5'^ P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. 2. The 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 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning ppdadMa9V=a hanick chapter, as well as be in general compliance with the submitted concept plan for a maximum of 60 dwelling units, which has been designed to minimize disturbance of the wooded ravines present on the property. The concept plan is attached here to and by reference made part of this agreement. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), 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 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 Applicant's expense. Dated this 10 � day of ^•.d^ , 20 1`? CITY OF IOWA CITY Jirkf Throgmorton, Mayor Atte 9 K City Clerk /J Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: ppdadMagVm hanick 2 CHARLES JEFFREY LARSON 0 i/ VIA WEi STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on War -c I s+ 20 )7 by Jim Throgmorton and aris&rda as Mayor and C1, ., respectively, of the City of Iowa City. Notaq Public in and f he State of low (Stamp or Seal) Title (and Rank) o '4 KELLIE K. FRUEHUNG 221819 CHARLES JEFFREY LARSON ACKNOWLEDGMENT: Com"ssbnNumber Exores My Co mi 'on E�pirea State of �:T-OwG- County of A--4 Ta-^ This record was acknowledged before me on �Vv /7 (Date) by(Ai4es Je vzf C Arses. (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 „ sIP sc , (Stamp or Seal) Fmycommchill Title (and Rank) mmis=fr*n t 1={373 )My commission expires: /Z2 d/ionE.uri�� !E z9 i �S ppdadMagVaa hanlck 3 To: Planning & Zoning Commission Item: REZ16-0008 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: STAFF REPORT Prepared by: Bob Miklo Date: February 2, 2017 Kevin Hanick 88 Hickory Heights Lane Iowa City, IA 52245 Mark Seabold Shive Hattery 2839 Northgate Drive Iowa City, IA 52245 319-354-3040 —ff_TrTr� 5a COOP T�_� Rezoning from ID -RS to RM -12 Development of 54 multi -family dwellings North of Scott Boulevard between Hickory Heights Lane and First Avenue 10.26 acres Residential - (ID -RS) North: Office (ACT Campus) - ORP East: Office (ACT Campus) - ORP South: Undeveloped - ID -RS West: undeveloped —ID- RS Northeast District Plan — office park with residential as a potential alternative use. January 12, 2017 February 26, 2017 The applicant, Kevin Hanick, is requesting approval of a rezoning from Interim Development (ID - RS) to Low Density Multifamily (RM -12) for 10.26 acres located on the north side of Scott Boulevard between Hickory Heights Lane and First Avenue. The applicant has submitted a preliminary plat application to split this property from a 12.28 property owned by Charles Jeffery Larson. The subdivision will be considered at a later date. 2 If the rezoning and subdivision are approved the applicant will buy the RM -12 property (proposed Lot 2) and the Larson family will retain Lot 1 for the construction of a single family home. The applicant has submitted a concept plan illustrating his intent to construct 2 multifamily buildings containing a total of 54 dwelling units. An existing single family dwelling and several storage buildings would be removed from Lot 2. The property contains regulated slopes and woodlands and will be subject to either administrative approval of a sensitive areas site plan, or a sensitive areas rezoning depending on the level of disturbance of slopes and woodlands. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy". ANALYSIS: Zoning: The purpose of the Interim Development Zone (ID), which currently applies to this property, is to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue until such time as the City is able to provide City services and urban development can occur. The Interim Development Zone is the default zoning district, to which all undeveloped areas should be classified until City services are provided. Upon provision of City services, the City or the property owner may initiate rezoning to zones consistent with the Comprehensive Plan. The ID -RS zone was applied to this property prior the construction of Scott Boulevard. Now that Scott Boulevard is in place the property is served by the infrastructure necessary for development and a rezoning is warranted. Proposed Zoning: The purpose of the Low Density Multi -Family Residential Zone (RM -12) is to provide for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a variety of housing options in neighborhoods throughout the city. Careful attention to site and building design is important to ensure that the various housing types in any one location are compatible with one another. The RM -12 zone allows one multifamily dwelling unit per 2725 square feet of lot area, or approximately 15 dwellings per acre. Theoretically that would allow 164 dwelling units on this 10.26 -acre property. However the presence of wooded ravines and the requirement to provide stormwater management, would result it far fewer units being achievable. To prevent false expectations regarding achievable density, staff recommends that the requested rezoning be conditioned upon general compliance with the applicant's concept plan showing 54 dwelling units. Comprehensive Plan: The Northeast District Plan map shows the area north of Scott Boulevard, including this property, as being appropriate for Office Research Park development. This designation was put in place in 1999 to acknowledge ACT's headquarters in the area, and to encourage development compatible with the ACT office campus. The text of the Plan notes that the amount of land designated for office development may be unrealistic and that alternative uses including residential should be considered for this area. The text of the Plan also encourages a diversity of housing. Townhouse and small apartment buildings are proposed at the edges of neighborhoods, where slightly higher density housing can take advantage of being located near major arterial streets, such as First Avenue and Scott Boulevard. The plan notes that where density increases, the design of both the streetscape and structures should receive careful review to ensure compatibility in terms of appearance and scale. The Comprehensive Plan guidelines should be used to address issues, such as orientation of PCD\Staff RepoWsteff repot nningdocx structures and parking to the street, building mass and articulation, the location of garages and driveways and the use of landscape buffers (Northeast District Plan — page 17). Staff finds the multifamily development in this location conforms to the policies of the Comprehensive Plan, including the Northeast District Plan. However, the proposed buildings appear to be larger than what was contemplated by the Northeast District Plan. The design of the buildings will require greater articulation to conform to the Multifamily Site Development Standards and the Northeast District Plans encouragement of small apartment buildings. To comply with the Multifamily Site Development Standards, the proposed garage entrance facing Scott Boulevard will need to be relocated to the side of the building or receive approval of a minor modification from the Design Review Committee. Neighborhood Compatibility: In staffs opinion the proposal is compatible with the neighborhood in terms of land use. The area to the north and east contains the ACT campus. The ravine and woodland provides a significant buffer between the proposed residential buildings and ACT. The property to the south is zoned ID -RS and is undeveloped. The Northeast District Plan shows the possibility to two apartment buildings on the south side of Scott Boulevard (just to the south of this proposal), and single family homes farther to the south. The properties to the west and east both contain wooded ravines with protected slopes. These areas have limited development potential and are shown as private open space in the Northeast District Plan. Although the proposed multifamily buildings are large, they would be located away from the wooded ravines, helping to minimize disturbance of these natural areas. Some grading and tree removal will be necessary to provide for stormwater management facilities in the eastern ravine. The concept. plans located most of the required parking under the buildings. This will help to minimize paving and allow for more open space. The concept plan shows that the proposed buildings will be set back between 130 to 180 feet from Scott Boulevard. The zoning code only requires a setback of 40 feet from an arterial street. The additional setback and resulting open space proposed by the applicant will help mitigate the large scale of the two buildings. Traffic implications: Transportation Planners estimate that this proposed development will generate approximately 350 vehicle trips per day. Counts conducted by the Iowa DOT in 2014 indicate that Scott Boulevard is currently operating well under capacity with an average daily traffic count of approximately 13,000 vehicles. The Highway Capacity Manual indicates that the capacity of an arterial street with similar characteristics to that of Scott Boulevard is approximately 17,000 vehicles per day. Although the Scott Boulevard has sufficient capacity to accommodate the traffic that would be generated from this development, there are capacity constraints at the intersection of Scott Boulevard and First Avenue, just to the east. The City's Capital Improvement Plan does include a project to improve the intersection to increase its capacity. The driveway proposed for this development has been located where it will provide for adequate site distance. Based on these conditions, staff finds that the existing and proposed street network will be adequate to accommodate the proposed development. Sensitive Areas: The property contains regulated slopes and woodlands. With the preliminary plat the applicant will need to demonstrate compliance with the sensitive areas provisions of the zoning code. If more than 80% of the woodlands are proposed to be disturbed, or more than 35% of the critical slopes are proposed to be graded, or there is any disturbance of the protected slope buffers, a rezoning for a sensitive areas Planned Development Overlay (OPD) PCMStafl Reportslstaff report zoning.dou will be required. Storm water management: The application has indicated that stormwater management facilities will be located in the ravine located on the eastern third of the property. A preliminary storm water management plan is required before the preliminary plat associated with this rezoning is approved. Neighborhood Open Space: A subdivision of this size requires the dedication of .43 acres of neighborhood open space or fees in lieu of. The Parks and Recreation Department has determined that fees are appropriate in lieu of land dedication. The fee will be equivalent to the value of 18,600 square feet of property. This requirement will need to be addressed in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends that this application, rezoning approximately 10.26 acres located north of Scott Boulevard east of Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. ATTACHMENTS: 1. Location Map Concept Plan A 7 Approved by: John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services PCMStaff ReponsVoaH report zoning. di REZ16-00008 • 0 0.035 0.07 0.14 Miles Prepared By: Marti Wolf I I I Date Prepared: Dec. 201 a IF u 4 r a ,tom'• .P ,r '�" f e,# r I V d t �.1Y as 41 Ilk ■ yr { r , 4�6 v" '4110 An application submitted rk . by - to rezone! 1 • acres • to r. site concept Kevin Hanick - Scott Boulevard development concept 2201 N Dubuque Rd, Iowa City, Iowa February 2, 2017 vkkor Parking Fenced Dog Run SeakngAm Mth Pergola SODORSEED. Bozrdwzgl PRAIRIESEEDMIX - PRAIRIEDR(WSEED AUTUMNMOORGWS Covered Private Patios SWITCHGPASS . Walkway Sculpture Patio Seatir,Amo with Pergola Preserved Waodland gi..le Seating Area with Pergol a Naturalized Planting Natural Path Urderpnund Parking Area Screening 13 SHIVEFIA=---W Al MITI CTuR I. t N n IN FEe 1NP Visitor Padding Fend Dog Run Seating Pre. with Pergola SODORSEED Boardwalk PRAIRIESEEDMI% - PRAIRIEDROPSEED ® AUNMNMOORGRASS Covered Private Patios - SWITCHGRASS Walkway s Ipture Patio Stating Area with Pergola Preserved WoodlaM Bloswale Seadng Mea with Pergola Naturalized Planting Natural Path Underground Parking Mea Screening SITEFARM DEVELOPMENT SI STE CONCEPT PLAN JANUARY2017 SHIVEHATTC-W All. lfr CrY[t. [.. Ill.. view from Scott Boulevard Kevin Hanick - Scott Boulevard development concept 2201 N Dubuque Rd, Iowa City, Iowa SHIVEHATTEP?Y February 2, 2017 111 I N I I , Maximum of 60 units MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FEBRUARY 2, 2017 — 7:00 PM — FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Bob Miklo, Sara Walz OTHERS PRESENT: Brian Gotwals, Kevin Hanick, Mark Seabold, Bob Downer RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of REZ16-00008, an application for rezoning approximately 10.26 acres located north of Scott Boulevard east of Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. By a vote of 0-7 the Commission denied approval of application CPA16-00004 an application submitted by Streb Investment Partnership LC seeking to amend the City's Comprehensive Plan to allow residential uses in commercial areas adjacent to the Industrial (I- 1)zone located south of the Iowa Interstate Railroad and east of Scott Boulevard. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none REZONING ITEM (REZ16-00008): Discussion of an application submitted by Kevin Hanick for a rezoning of approximately 10.26 acres from Interim Development Single Family (ID -RS) to Low Density Multifamily (RM -12) zone for property located north of Scott Boulevard between Hickory Heights Lane and First Avenue. Miklo began the staff report showing a map of the area under consideration for rezoning. The current zoning of Interim Development is in place because at the time the zoning pattern was established for the area there was no adequate street access. With the construction of the extensions of Scott Boulevard and First Avenue, it opened up this area with adequate infrastructure and now it is appropriate to rezone it to allow development. The proposed zone is Low Density Multifamily (RM -12), which generally allows for 15 multifamily dwelling units per acre. Theoretically, that would allow for over a 100 units on this Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 2 of 8 property, but because of the steep ravines and woodlands that density would not be achievable. Due to that, Staff is recommending regardless of who purchases this property, it be restricted to 54 dwelling units. Miklo noted that the Comprehensive Plan for this part of the City shows properties north of Scott Boulevard being appropriate for office research park. This land use designation was put in place with the adoption of the Northeast District Plan to recognize the presence of the ACT Campus. The text of the Plan notes that the amount of land designated for office development may be unrealistic and that alternative uses including residential, specifically multifamily residential, should be considered for this area. The text of the Plan also encourages a diversity of housing. Townhouse and small apartment buildings are proposed at the edges of neighborhoods, where slightly higher density housing can take advantage of being located near major arterial streets, such as First Avenue and Scott Boulevard. Therefore, Staff believes that multifamily rezoning would comply with the Comprehensive Plan. Miklo said that regarding neighborhood compatibility it is staffs opinion the proposal is compatible with the neighborhood in terms of land use. The area to the north and east contains the ACT campus. The ravine and woodland provides a significant buffer between the proposed residential buildings and ACT. The Northeast District Plan shows the possibility to two apartment buildings on the south side of Scott Boulevard just to the south of this proposal), and single family homes farther to the south. The properties to the west and east both contain wooded ravines with protected slopes and will not be developed. The proposed RM-12 zoning will be compatible with the area. Miklo stated staff also looks at traffic implications when reviewing a rezoning proposal. The current streets of Scott Boulevard and Dodge Street have more than sufficient capacity to handle the traffic they anticipate would be generated by a project of this size. Transportation Planners estimate that this proposed development will generate approximately 350 vehicle trips per day. There is concern that at the intersection of Scott Boulevard and First Avenue. It is currently a four-way stop and would likely need to be improved to include a traffic signal, or a traffic circle, to improve traffic flow in that area. Miklo said the Capital Improvement Plan includes a project to address the intersection. Miklo discussed the sensitive areas on the property, and that some of the woodland ravine would need to be cleared for stormwater management for this development. The City Engineer is still working with the applicant on the stormwater management plan. Staff does not anticipate an issue with the sensitive areas provisions for this area. However, if more than 80% of the woodlands are proposed to be disturbed, or more than 35% of the critical slopes are proposed to be graded, or there is any disturbance of the protected slope buffers, a rezoning for a sensitive areas Planned Development Overlay (OPD) will be required. Staff recommends that this application, rezoning approximately 10.26 acres located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID- RS) to Low Density Multifamily (RM-12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. Parsons asked if all the current structures on the property would be removed. Miklo replied that yes, the property current contains a residence and storage or farm buildings. If this proposal Planning and Zoning Commission February 2, 2017 — Formal Meeting Page 3 of 8 moves forward, the applicant will buy the property and the current homeowner will build a new house on the northern panhandle of the property, that is already zoned single family. Freerks opened the public discussion. Brian Gotwals (architect Shive Hattery) is working with Kevin Hanick to develop the concept for this site. The idea of this project is to maintain the natural character of the site and that resulted in a proposal with three principle buildings that are nestled close to the tree lines with a communal space in the center. Additionally keeping with the character of the property the driveways will be designed to wrap around and not cut into the tree lines. There will be three buildings, the two buildings on the right will be connected by a subgrade garage level. The short faces of the buildings are 60 feet wide, and that is what faces Scott Boulevard, rather than the principle masses of the buildings. Gotwals showed renderings and images of the proposal from various aspects. The buildings are three stories and will have 54 units total. Gotwals noted that there was discussion about the vehicular entry, particularly to the building on the right, and a recommendation that the garage door entrance be placed on the west face of the building. Gotwals stated that may cause issues, it would require a 90 degree angle turn to leave the garage, it will cause a loss of some parking spaces, and will increase the slope of the driveway. Gowals said they would like to work with the City to create some type of a visual buffer for the garage entrance instead. Dyer asked the length of the two long buildings from the parking lot to the far south end. Gotwals said that each of the buildings are 185 feet long, the center communal space is 50 feet. The building on the left is 258 feet long, but again the portions of the buildings that face Scott Boulevard are 65 feet long. Dyer asked if it were level and Gotwals said it will be level for a good portion of it but they will need to maintain some of the natural swales for stormwater management. Dyer noted her concern for accessibility for handicap visitors. Gotwals said the walkways will all meet the ADA accessible guidelines. Hensch asked about the issue with the parking entrance. Miklo said that to comply with the Multifamily Site Development Standards, garage entrances are not allowed to face the street. This Standard was created for urban areas where it is undesirable to have a large curb cut and a blank garage door up against the sidewalk in a walkable neighborhood. The applicant can apply for approval of a minor modification from the Design Review Committee to allow an alternative design that does not strictly meet the standard. Miklo noted in this situation this is not an urban setting, there will be considerable open space between the garage and the street, so the effect of having a garage door right on the street is not as significant. But it will have to go through the minor modification process. Hensch asked if the goal was to retain most of the stormwater on site, which Gotwals confirmed, Hensch asked if there was a percentage that would be directed off to the ravine to the east. Gotwals said it would be a single -digit percentage. Kevin Hanick (88 Hickory Heights Lane) noted his love of living in this part of town, he had originally thought he would want to move downtown but because of costs and accessibility. He feels this proposal is a great location, very accessible to downtown, the interstate, parks and shopping needs. These units will be built for sale, not rentals, and each unit will have two dedicated underground parking spaces. Hanick reached out to Shive Hattery because he was impressed with their work on the latest addition of Oaknoll on Benton Street with the underground parking and apartment style facility. All units will be one level, minimum of two bedroom, two bath. The target audience is working professionals or empty nesters/retirees. Planning and Zoning Commission February 2, 2017— Formal Meeting Page 4 of 8 Parsons questioned the north garage entrance on the western building and if there was consideration of having a garage entrance on the north side of the other building as well to alleviate the code concern about the south entrance to the garage. Hanick stated that coming out of that side of the building would be a steep incline. Hanick also mentioned originally the design had units above the common area that joins the two buildings, and the common area is important because they will be marketing the units as a community. Martin asked for clarification that this is not being built as a 55 and over complex. Hanick confirmed it is not, it's being designed similar to Oaknoll, but for anyone. The common space is to bring people together, perhaps for music or readings, and other activities to build a sense of community. Mark Seabold (architect Shive Hattery) stated that working with Hanick in developing this concept it has been important to take advantage of the beautiful property, the views, etc. It is about quality of life and not maximizing density, and to not sacrifice the feeling of community and nature that will be seen in this project. Freerks closed the public discussion. Hensch moved to approve the application for rezoning approximately 10.26 acres located north of Scott Boulevard east of Hickory Heights Lane and First Avenue from Interim Development (ID -RS) to Low Density Multifamily (RM -12), be approved conditioned on general compliance with the concept plan showing 54 dwelling units. Parsons seconded the motion. Freerks noted this sounds like a wonderful addition to the area and community. It has been presented nicely and it is encouraging to see the thought and care that has gone into the planning. Theobald and Dyer agreed and both commented on how nicely the project will preserve the surrounding nature and landscape. Signs added that he hopes the staff committee regarding the parking issue will look favorably on this project and it can be screened effectively with some trees or berming. A vote was taken and the motion passed 7-0. COMPREHENSIVE PLAN ITEM (CPA16-0004): A public hearing for an amendment to the Comprehensive Plan to change the language in the Comprehensive Plan to allow residential uses in the commercial zones south of Iowa Interstate railroad and east of Scott Boulevard located in Scott -Six Industrial Park. Walz noted these are the properties in the Scott Six Industrial Park that are located west of the creek, along Scott Boulevard, are zoned Intensive Commercial (CI -1). Properties west of the creek and east of Commerce Lane, are zoned Community Commercial (CC -2). This includes the properties occupied the Fareway grocery story and Sinclair Gas. Residential uses may be Prepared by: Eric K Goers, Asst. City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319)356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE -OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL, TO AMEND SOLID WASTE COLLECTION AND DISPOSAL FEES. WHEREAS, Iowa City Code section 3-4-5: Solid Waste Disposal: sets the amount of Fee, Charge, Bond, Fine and Penalty for various Solid Waste materials; and WHEREAS, the Resource Management division needs to increase a number of fees in order to keep up with the increased costs of operation; and WHEREAS, the City wishes to reduce the amount of litter caused by the transportation of unsecured or uncovered loads of refuse and other material to the landfill; and WHEREAS, the City wishes to discourage this litter by establishing a fee for arriving at the landfill with an unsecured or uncovered load; and WHEREAS, the City wishes to eliminate Solid waste permit fees, which have not been in use for several years; and WHEREAS, the City wishes to transition curbside yard waste disposal from $25 annual stickers or $1.25 per bag to a monthly $2.00 fee per dwelling unit, including food waste, effective January 1, 2018; and WHEREAS, the City wishes to increase the fees for curbside household refuse from $11.80 to $12.00 per dwelling unit, as well as increasing the fee for an additional refuse cart from $11.80 to $12.00, and increasing the fee for each additional bag from $1.25 to $2.50; and WHEREAS, the City wishes to increase the curbside recycling fee from $4.10 to $5.10 per dwelling unit; and WHEREAS, the City wishes to increase the fee for electronic waste brought to the landfill from $10.00 to $12.00 for TVs or monitors under 18", from $15.00 to $17.00 for over 18", and from $2.00 to $3.00 for other electronics; and for electronic waste collected curbside, setting the fees at $18.50 for TVs or monitors under 18", and $23.50 for TVs or monitors over 18"; and WHEREAS, the City wishes to increase the fire disposal fee from $.07 to $.15 per pound; and WHEREAS, for other solid waste, the City wishes to increase the minimum fee from $3.25 for anything under 160 pounds, to $6.50 for anything under 300 pounds for Iowa City residents, and $7.00 for non-residents; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 5, SOLID WASTE DISPOSAL: is hereby amended by deleting it in its entirety and replacing it as follows: 3-45: SOLID WASTE DISPOSAL: In accordance with Title 16, Chapter 3, Articles A and H of this Code, the following fees, charges, bonds, fines, and penalties shall be imposed. Description Of Fee, Charge, Bond, Fine Or Penalty Yard waste collection fees: r— Per dwelling unit, per month: 1$2.00 Untreated wood waste Free Collection of large items fees: Appliance collection, per item collected Bulky solid waste `r— Tire collection Residential solid waste collection fees: —Curbside household refuse: �r- Per dwelling unit, per month: Charge $20.00 $12.50 per stop and 1 item; $6.00 per additional items $3.75 per tire; $7.50 tire and rim $12.00 - Per 2 rooming units, per month (in $15.90 I addition to the dwelling unit fees) Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item Curbside recycling: `F Per dwelling unit, per month $5.10 Iowa City community compost I $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: r— Residential owner account, per combined residential service for city water and/or Per sticker for each additional bag $2.50 each beyond each units monthly allotment r� Additional refuse carts over 1, per month $12.00 each - Per 2 rooming units, per month (in $15.90 I addition to the dwelling unit fees) Electronic waste TVs or monitors less than 18 inches $18.50 per item; TVs or monitors 18 inches or greater $23.50 per item Curbside recycling: `F Per dwelling unit, per month $5.10 Iowa City community compost I $20.00 per ton, $2.00 minimum Wood chip mulch $10.00 per ton, $2.00 minimum Deposit and delinquency fee combined for city water and/or sanitary sewer and/or solid waste collection accounts: r— Residential owner account, per combined residential service for city water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined 120.00 residential service for city water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current 5 percent current billed portion billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date Delinquency deposit for combined water and/or An amount equal to an average 2 month billing for the sanitary sewer and/or solid waste collection service delinquent account Special wastes disposal fees: Disposal of special wastes (except for 2 times the landfill use fees in this section asbestos containing material and contaminated soils) r — — Minimum fee 2 times the landfill use fee for 1 ton -- Asbestos containing material (ACM): Nonfriable ACM, from Iowa City $100.00/ton premises subject to a property tax and city owned property r— — Nonfriable ACM, from other locations $105.00/ton Friable ACM, from Iowa City premises $100.00/cubic yard subject to a property tax and city owned property FFriable ACM, from other locations $105.00/cubic yard r Minimum fee for any regulated ACM $10.00 Contaminated soil: $15.00/ton � F Minimum fee for contaminated soil $150.00 Disposal of large items fees (see also Collection of large items fees above): r Appliance disposal fees: —� Commercial per item disposed $1.00/cubic foot Residential per item disposed $12.50 (at landfill scale house) r Tire disposal fee: TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, SECTION 2, DEFINITIONS: is hereby amended to add the following definition: FOOD WASTE: Food scraps and biodegradable, compostable food -related discards, as further defined by landfill Solid Waste Rules and Regulations. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. The amendment to the yard waste collection fees shall be effective January 1, 2018. All other amendments to the Ordinance shall be effective on July 1, 2017. Per ($015 Subjeectct tto o minimum fee $3.00 Untreated wood waste and yard waste: x$24.00/ton 2.00 I —Minimum Landfill use fees: r Arriving at the landfill with an unsecured or 1s` instance in trailing 12 months: Warning uncovered load: 2nd or subsequent instances in trailing 12 months: $50.00 fee. Electronic waste $3.00 per item; TVs or monitors less than 18 inches $12.00 per item; TVs or monitors 18 inches or greater j $17.00 per item Solid waste from Iowa City premises subject to a property tax and city owned property: F�Total landfill fee per ton (includes state $42.50 fee per ton) All other solid waste: �—FTotal landfill fee per ton (includes state $47.50 fee per ton) r— Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to a property tax and city owned property 'F All other solid waste TITLE 16, PUBLIC WORKS, CHAPTER 3, CITY UTILITIES, ARTICLE H, SOLID WASTE, SECTION 2, DEFINITIONS: is hereby amended to add the following definition: FOOD WASTE: Food scraps and biodegradable, compostable food -related discards, as further defined by landfill Solid Waste Rules and Regulations. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. The amendment to the yard waste collection fees shall be effective January 1, 2018. All other amendments to the Ordinance shall be effective on July 1, 2017. Passed and approved this day of 2017. MAYOR ATTEST: CITY CLERK Ap ed by ( ? City Attorneys 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/21/2017 Voteforpassage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 17-4699 ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO ADD THE NEW HARRISON STREET PARKING STRUCTURE, AND AMEND THE MONTHLY PARKING FEE. WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee, Charge, Bond, Fine and Penalty for various Parking matters; and WHEREAS, the Harrison Street parking structure will be ready to open in April of 2017; and WHEREAS, the City needs to set the parking fees for the Harrison Street parking structure, which will be consistent with the Chauncey Swan ramp; and WHEREAS, the City has not increased the monthly parking permit fees since July 1, 2009, but needs to increase the monthly permit fees by $5.00, and the annual permits by $57.00, effective July 1, 2017, in order to keep up with increased operational costs; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby amended as follows: 1. by adding "and Harrison Street' immediately after "Chauncey Swan" for both monthly and annual permits under the heading of "Parking Ramp Fees"; and 2. by changing the monthly all day permits with advance payment for parking ramps from $80.00 to $85.00, for surface lots from $60.00 to $65.00, and for off hours permits from $54.00 to $59.00; and 3. by changing the annual all day permits with advance payment from $912.00 to $969.00 for parking ramps, and from $684.00 to $741.00 for surface lots. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. The addition of the Harrison Street parking structure shall be effective immediately upon publication of this ordinance. The remainder of the ordinance amendments shall be effective on July 1, 2017. Passed and approved this 21 stday of _ MAWOR ATTEST: CITY CLERK Appr ved by f / l City Attorneys Office March .2017. i OrdinanceNo. 17-4699 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/07/2017 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/30/2017 Moved by Mims, seconded by Botchway, 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: Botchway, Cole, Dickens, Mims, T'ayf6r, Thomas, Throgmorton. NAYS: None. ABSENT: NBne. CITY OF IOWA CIT COUNCIL ACTION REPOR. March 7, 2017 Ordinance amending Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties by (1) Establishing hourly and monthly parking fees for the Harrison Street Parking Facility, (175 East Harrison Street) and (2) Increasing monthly parking fees by $5.00/month for all Parking Facilities and Off -Street Lots beginning July 1, 2017 Prepared By: Mark Rummel, Associate Director of Transportation & Resource Management Reviewed By: Chris O'Brien, Director of Transportation & Resource Management Ashley Monroe, Assistant City Manager Fiscal Impact: (1) The fee change will set the Hourly rate to $0.75 and the Monthly Permit rate to $80 for the Harrison Street Parking Facility. (2) The fee change will increase the Monthly Permit fee by $5 for all permits effective July 1, 2017, resulting in an estimated increase of $80,000 in revenues. Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: (1) The ordinance amendment would set the Harrison Street Parking Facility hourly rate of $0.75 and monthly permit rate of $80. These are equal to the current Chauncey Swan fees. (2) The ordinance amendment would increase monthly parking fees by $5 and annual fees by $57, effective July 1, 2017. This would result in surface lot fees of $65 per month, parking structure fees of $85 per month, off -hours permits of $59, annual fees for surface lots of $741, and annual fees for parking ramps of $969.The last fee increase was effective July 1, 2009. Background / Analysis: (1) The Harrison Street Parking Facility is scheduled to open in April 2017. This facility is located next to the new MidWestOne Bank Building on the 100 East block of Harrison Street. It will provide an additional 600 parking spaces for daily and monthly users south of Burlington Street. Two electric vehicle -charging stations have been installed on the ground level of the new facility. The facility will utilize automated pay stations similar to the Chauncey Swan ramp. These multi - space meters will accept bills, coins, credit cards, coupons, and validations. In addition to these conventional payment methods, starting in late spring 2017, visitors will be able to use a mobile payment option without visiting the pay station. The multi -space meters reduce enforcement, maintenance, and collection costs by having a centralized location for payments. These meters are integrated with our current enforcement devices. � r �_12 �Tqwl CITY OF IOWA CITY COUNCIL ACTION REPORT Due to the location of this facility, staff anticipates a majority of users will initially be monthly parkers, similar to the Chauncey Swan Facility. The proposed hourly rate of $0.75 and monthly permit rate of $80 are equal to the current Chauncey Swan fees and will provide long-term parking in this area. (2) To address increased operation and structural repair costs at parking facilities, the Transportation and Resource Management Department proposed an increase in monthly permit charges as part of the FY18 Parking Budget. This fee change would result in a $5 increase for monthly parking fees and $57 increase in annual fees. Effective July 1, 2017, fees would include surface lot fees of $65 per month, parking structure fees of $85 per month, off -hours permits of $59, annual fees for surface lots of $741, and annual fees for parking ramps of $969. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 17-4700 ORDINANCE AMENDING TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 7, ENTITLED "CITY CEMETERY," TO ALLOW DOGS IN THE CITY CEMETERY IF THEY ARE ON A LEASH. WHEREAS, City staff has received requests for dogs to be allowed in the City Cemetery; WHEREAS, City Code section 10-7-7-A prohibits dogs and domestic animals, excluding service animals, from being in the City Cemetery except in a vehicle; and WHEREAS, it is in the best interest of the City to allow dogs and other domestic animals in the City Cemetery if they are on a leash or in a crate or kennel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled 'Public Ways and Property," Chapter 7, entitled "City Cemetery," Section 7, entitled 'Prohibited Acts and Conditions," Subsection A, entitled "Animals," is hereby amended by deleting it in its entirety and substituting the following new Subsection A: No person shall bring or permit any dog or domestic animal to enter into the City Cemetery unless such animal is on a leash or confined in either a vehicle or in a cage, kennel, crate, or carrier. Said prohibition does not apply to an animal trained to assist persons with disabilities. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this ; ' ATTEST: I ,ruifh CITY CLERK Appro qby 3 -d -I City Attorney's Office day of March , 2017. )0. OrdinanceNo. 17-4700 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/07/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/30/2017 Moved by Mims, seconded by Botchway, 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, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. .®a7 'c All � CITY OF IOWA CIT COUNCIL ACTION REPO 10 March 7, 2017 Ordinance amending Title 10, entitled, "Public Ways and Property," Chapter 7, entitled "City Cemetery," to allow dogs in the City cemetery if the dogs are on a leash. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Juli Seydell Johnson, Director of Parks & RecreationCnQp Geoff Fruin, City Manager Fiscal Impact: None M Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance will allow dogs on leashes into the Oakland Cemetery. Background I Analysis: The Code currently prohibits dogs and other domestic pets from entering into the cemetery unless they are in a vehicle or are service animals. This ordinance will allow dogs and other domestic animals into the cemetery if they are on a leash or in a crate or kennel. The proposed change is recommended by staff due to resident requests and changes in cemetery operations.