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HomeMy WebLinkAbout2008-12-22 Ordinancenn~.~ A~> Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 08-4324 AN ORDINANCE REZONING APPROXIMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420TH STREET, WEST OF TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT INDUSTRIAL(ID-1) AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO GENERAL INDUSTRIAL (11 ). (REZ07-00008 AND REZ08-00009) WHEREAS, the Trusts established under the will of Veronica Prybil are the owner and legal titleholder of approximately 179 acres of land located adjacent to 420"' Street, west of Taft Avenue; and WHEREAS, the Iowa Interstate Railroad, Ltd., is the owner and legal titleholder of the railroad right-of- way between Industrial Park Road and Taft Avenue; and WHEREAS, MidWestOne Bank, as Trustee for the Trusts, has requested annexation and rezoning of the approximate 179 acre tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, Ltd., has requested annexation and rezoning of the railroad right-of-way between Industrial Park Road and Taft Avenue into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that Trust property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, the zoning of railroad right-of-way should be consistent with the zoning of the adjacent land, which is zoned industrial; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. 1. Property described below is hereby reclassified from its current zoning designation of County Residential (R) to Interim Development-Industrial (ID-I): LEGAL DESCRIPTION Property locally known as 4748 420 Street, Johnson County, Iowa, and legally described as: All that part of the Southeast Quarter (SE%<) of Section 19, Township 79 North, Range 5 West of the 5~' P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE'/.) of Section 19, Township 79 North, Range 5 West of the 5'" P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to-wit: Beginning at the northwest corner of the Northeast Quarter (NE'/.) of Sec. 30, Township 79 North, Range 5 West of the 5'h P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Ordinance No. 08-4324 Page 2 of 2 Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., thence North 02°40' west along the east line of said section 544.15 feet, thence north 64°53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A ~ortion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5t P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; thence North 89°48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64°49' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE%.) of said Section 19; thence South 89°48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. 2. The property described below is hereby reclassified from its current zoning designation of County Residential (R) to General Industrial (11 ): LEGAL DESCRIPTION Johnson County, Township 79 North, Range 6 West, in the southwest corner of the southwest quarter of Section 13, all Iowa Interstate Railway Right of Way from the west boundary line of section 13, along said railway right of way east southeast to the center line of Taft Avenue in the southeast corner of the southeast quarter of Section 19 in Township 79 North, Range 5 West. SECTION I1. 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. 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this 22ndday of December , 2008. ~- ATTEST: `i CITY ERK by City Attorney's Office ~~/~~! ~~ Ordinance No. 08-4324 Page 3 It was moved by Wright and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek x O'Donnell g Wilburn x Wright First Consideration 12 / 16 / 2008 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration ----------------- Vote for passage: Date published 12 / 31 / 2008 Moved by Wright, seconded. by Correia, that the. rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: Champion. M~ ~ Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08-00010) ORDINANCE NO. 08-4325 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.69 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL BOULEVARD AND KENNEDY PARKWAY, FROM INTERIM DEVELOPMENT COMMERCIAL OFFICE (ID-CO-1) TO COMMERCIAL OFFICE (CO-1 ). (REZ08-000010) WHEREAS, the applicant, Southgate Development, LLC, has requested a rezoning of property located at the southeast corner of Camp Cardinal Boulevard and Kennedy Parkway from Interim Development Commercial Office (ID-CO-1) zone to Commercial Office (CO-1) zone; and WHEREAS, the Comprehensive Plan indicates that this location is appropriate for Commercial Office use provided such development is designed to be compatible the adjacent residential zone; and WHEREAS, Iowa Code §414.5 (2007) 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 Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility in building design and placement, vehicle access, screening, and signage; and WHEREAS, the owner, Crossing Development, LC, 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, the property described below is hereby reclassified from its current zoning designation of Interim Development Commercial Office (ID-CO-1) to Commercial Office (CO-1 ): COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89°25'22"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00°07'16"W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16°19'46"W; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14°20'52"E; THENCE N59°20'52"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 60.0 FEET; THENCE S59°20'52"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75°39'08"W; THENCE N30°39'08"W, ALONG SAID EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14°43'50"W; THENCE N01°11'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01°11'28"E, ALONG SAID EAST RIGHT- OF-WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, Ordinance No. 08-4325 Page 2 WHOSE 179.4 FOOT CHORD BEARS N00°49'29"W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42°01'38"E; THENCE N86°53'42"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03 0618 W, ALONG SAID EAST RIGHT-OF- 157.9 FEET, WAY LINE, 33.0 FEET; THENCE N86°53'42"E, 43.6 FEET; THENCE NORTHEASTERLY, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82°22'17"E; THENCE S12°09'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05°54'30"E; THENCE S00°20'09"W, 64.7 FEET; THENCE N89°39'51"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION It. 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 bylaw. 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 bylaw. 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 bylaw. P ssed and approved this 22nd day of December . 20~_• M ATTEST: f _ CI LERK App ved by City Attorney's Office ~ a~%! 0 g ppdadm/ord/rez08-00010Cardinal Pointe.doc Ordinance No. 08-4325 Page 3 It was moved by 0' Donnell and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~_ Correia x Hayek x O'Donnell x Wilburn g Wright orreia that the Ordinance First Consideration ~/~~~oos VOteforpaSSage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration --------- Vote for passage: Date published 12/31/2008 Moved by O'Donnell, seconded by Correia, that the rule requiring ordinances to be considerec 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: Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS. None. ABSENT: Champion Prepared by: Sarah Walz, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ08-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and The Crossing Development LC (hereinafter "Owner") and Southgate Development Services LLC (hereinafter "Applicant°). WHEREAS, Owner is the legal title holder of Lot 9 Cardinal Pointe South Part One according to the Plat thereof recorded in Book 52 at page 278, Plat Records of Johnson County, Iowa, an approximate 1.69 acre parcel located at the southeast corner. of Kennedy Parkway and Camp Cardinal Boulevard; and WHEREAS, The Applicant, with the Owner's consent, has requested the rezoning of said property from Interim Development Commercial Office (ID-CO-1) to Commercial Office (CO-1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design and placement, vehicle access, screening, and signage, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5(2007) 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 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 neighbofiood compatibility; and WHEREAS, the Owner and Applicant 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: 1. The Crossing Development LC is the legal title holder of the property legally described as follows: Lot 9 Cardinal Pointe South Part One according to the Plat thereof recorded in Book 52 at page 278, Plat Records of Johnson County, Iowa. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and neighbofiood compatibility. Further, the parties acknowledge that Iowa Code §414.5(2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm/agtlcza-cardinal Pointe co-1 rez0&0010 final.doc A. The development will substantially comply with the October 30, 2008 concept plan as submitted, with regard to the location of the building and parking area and the level of screening shown thereon. Any significant deviation from these aspects of the concept plan shall be approved by the Planning and Zoning Commission; B. Vehicle access shall be limited to one entrance point to be located off Ryan Court and centered between lots 10 and 11 of the residential zone to the east as shown in the concept plan; C. S3 vegetative screening shall be provided along Ryan Court and along the south property line. Additionally, a decorative fence constructed of masonry and wrought iron materials or a 2'-3' high berm shall be installed along Ryan Court; D. In order to reduce the hardscape effect of the parking area and Ryan Court entrance, the development shall include either a 3' to 5' wide landscaped bed (low shrubs or perennial plantings) between the walkways and the building or tree wells within the walkway as shown on the submitted site plan. E. Signage shall be permitted according to the C0.1 zone standards set forth in Iowa City Ordinance 14-5B-8C, subject to the following limitations: 1 No more than one monument sign shall be permitted and, if installed, shall be installed at the comer of Camp Cardinal Boulevard and Kennedy Parkway; 2 No illuminated signs shall be permitted on the east side. of the building or any portion of the building facing the parking area; 3 Signage within the front setback along Ryan Court will be limited to directional sgnage marking the entrance to the parking area. F. Any street-facing facade greater than 50-feet in width must be broken into modules that give the appearance of individual units. These modules must meet the following standards: 1. Each module must be no greater than 40 feet; 2. Each module must be distinguished from the adjacent module by at least three of the following means: a. Variation in wall plane by recessing a building module from the adjacent building module; b. Variation in material colors, types, or textures; c. Variation in building or parapet height; d. Variation in architectural details such as decorative banding, reveals, stone, or the accents; e. Break or variation in window pattern. G. A minimum of 30 percent of any street-facing fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of windows or doors; H. At least 75% of the building's exterior shall be constructed of quality exterior building materials, including brick, masonry, stone or stucco. I. Primary building entries must be distinguished by at least two of the following means: 1. Canopies or awnings; 2. Recesses; 3. Raised cornice or similar architectural features; 4. Architectural details, such as the work and moldings that are integrated in the building structure and design. J. The final design of the development shall be approved by the Director of Planning and Community Development. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are ppdadm/agt/cza-carthnal Pointe co-1 rez08-0010 final.doc 2 reasonable conditions to impose on the land under Iowa Code §414.5 (2007), 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 l ~ r~ day of ~ e e ~r ~..~ 4 ~- , 20~. OWNER CIS THE CROSSING DEVELOPMENT LC ~---~ ~ _.._. BY Dennis Craven, Manager APPLICANT By: ~ ~~ ~r ~- `~~-~~ SOUTHGATE DEVELOPMENT SERVICES, LLC ~ 'an K. Karr, City Clerk Q54-~:Q----- Approved by: Glen Siders, Js~~ "~e~srbtyNt City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ppdadm/agt/cza-carthnal Pointe co-1 rezOH-0010 final.doc 3 This instrument was acknowledged before me on as ~a day of ~~ aF , 2008, by Regenia D. Bailey and Marian K. Karr, as Mayor and City Clerk of the City of Iowa City, a municipal corporation; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council. S.,_ ~b Notary Public in and for the State of Iowa (StamplSeal) o~'u SONDRAE FORT r ~ Commission Number 159791 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT ~ ow ~ My Com~ssion Expires STATE OF IOWA ) ss: JOHNSON COUNTY ) _ ~t) This instrument was a wledged before me o G ~ , 200 by S as of Notary Public in and for the State of Iowa (Stamp or Seal) o~ TERES~A L.~MORROW Commission Number 149499 ' ~ My~ommissi .E~J~es SOUTHGATE DEVELOMENT SERVICES LLC ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This i s rument was ackn wle~9,ed before eon X02 ~ ~' , 20 8 y 2titiv as ~jl P_ f~~5~ of ale ~ acs, LLG `-~ ,~k TERESA L. M Notary Public in and for the State of Iowa ° ~ Commission Number 149499 My Commission Tres ~ ~• •a (Stamp or Seal) ppdadMagHcza- cardinal poiMe ~-1 rezos-0o1 o final.doc 4 iM f Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 08-4326 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO ESTABLISH A MINIMUM PARKING REQUIREMENT FOR HOUSEHOLD LIVING USES IN THE CENTRAL BUSINESS (CB-10) ZONE WHEREAS, the Central Business District is intended to be the high density, compact, pedestrian-oriented shopping, office, service and entertainment area in Iowa City and provide opportunities for a wide range of retail service, office and residential uses; and WHEREAS, the location of the University campus in close proximity to the downtown in combination with the current lack of a parking requirement for residential uses create an incentive to develop or redevelop property in the downtown with large numbers of apartments intended for short term renters without providing any parking for said residents; and WHEREAS, the City's parking policy in the Central Business District has been to publicly provide customer parking in strategically located structures, in order to serve and support businesses in the downtown area and prevent large surface parking lots from detracting from the pedestrian-oriented, mainstreet character of the downtown; and WHEREAS, parking demand from residents living downtown is fundamentally different from the parking demand generated by businesses in that the residential demand is for dedicated, long term parking; and WHEREAS, large residential development projects may put an undue burden on the public parking facilities and on-street parking in neighborhoods surrounding the downtown if said projects are built without adequate provision of parking to meet the needs of the residents within the building; and WHEREAS, with an increased demand for residential uses in the downtown area beyond what was originally anticipated when the current Central Business regulations were adopted, and the consequent request for development and redevelopment of buildings that will contain large numbers of residents, provision of additional parking on-site or in convenient locations adjacent to residences is needed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting subsection 14-5A-4B, Minimum Requirements, and substituting in lieu thereof: B. Minimum Requirements 1. Table 5A-2 lists the minimum parking requirements and minimum bicycle parking requirements for the land use or uses on properties in all zones except the CB-5 and CB-10 Zones. For some land uses, the minimum parking requirements differ based on the zone in which the property is located. 2. In the CB-5 and CB-10 Zones, parking is not required for any land use, except for Household Living Uses, as specified in Table 5A-1, below. 3. In the CB-10 Zone, off-street parking must meet the standards specified in 14- 5A-3D. Ordinance No. 08-4326 Page 2 B. Deleting Table 5A-1, and substituting in lieu thereof: r.,hie ~e_4. 11AGnimnm D~rlrinn Ranniramtants in the CB-5 and CB-1O ZOneS USE SUBGROUPS Parking Requirement Bicycle Parking CATEGORIES Residential Uses Household Multi- CB-5 Efficiency,l-bedroom, and 2-bedroom units: 1 space per Living Uses family dwelling unit. 1.0 per Dwellings 3-bedroom units: 2 spaces per dwelling unit d.u. Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dweiling units. CB-10 For buildings built on or before December 31, 2008: 1.0 per Zone Bedrooms 1-10: no parking required d.u. All additional bedrooms: 0.5 spaces per bedroom (For purposes of this standard an efficiency apartment will be counted as one bedroom) For buildings built on or after January 1, 2009: Efficiency and 1-bedroom units: 0.5 space per dwelling unit 2-bedroom unit: 1 space per dwelling unit 3-bedroom unit: 2 spaces per dwelling unit C. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: D. CB-10 Zone 1.Off-street parking is not required for any Use, except Household Living Uses, as specified in Table 5A-1. 2. Private, off-street parking is permitted only after approval of a special exception, except for Hospitality-Oriented Retail Uses and Household Living Uses as specified in the following paragraphs. 3. Hospitality-Oriented Uses are allowed up to 1-1/4 parking spaces for each guest room and parking spaces equal to 1/3 the occupant load of any meeting or convention facilities without going through the special exception process. Any parking spaces allowed under this maximum must meet the standards specified in subparagraphs 5b. through e., below. Any parking spaces requested beyond this maximum must be approved by the Board of Adjustment as a special exception and meet all of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking according to the specified requirement in Table 5A-1. The parking must meet the standards specified in subparagraphs 5b. through e., below. Off-site parking proposed for Household Living Uses may be approved by special exception according to the provisions of 14-5A-4F, Alternatives to Minimum Parking Requirements. 5. In addition to the general special exception approval criteria specified in Article 14-4B, applications for a special exception for private off-street parking in the CB-10 Zone must meet the following specific approval criteria: Ordinance No. 08-4326 Page 3 a. The applicant must demonstrate through a parking demand analysis that the number of parking spaces requested does not exceed the demand for parking for the specific building or project proposed and that the parking demand cannot be satisfied through the public parking system. Short term parking demand is preferred to be satisfied through the public parking system. b. Surface parking is not permitted. c. Underground parking is preferred over above-ground structured parking. The design of any underground parking must not detract from or prevent active building uses on the ground-level floor of the building. To that end, the ceiling height of any underground parking level may not extend more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street-facing building facade. d. Above-ground structured parking may be approved only by special exception according to the standards in subparagraph e., below. e. Where parking is located within the exterior walls of a building, the following standards apply: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground-level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first 50 feet of building depth as measured from the front building line. (2) Vehicular access to parking within buildings must be from a rear alley or private rear lane, whenever feasible. Garage openings along the primary street frontage are not permitted if access is feasible from another street or from a rear alley, private street or private rear lane. If there is no other feasible alternative, a garage opening may be allowed along the primary street frontage, if the Board determines that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street and traffic and pedestrian safety will not be compromised. Garage openings shall be built to the minimum width necessary for access. (3) Any exterior walls of a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through the use of building materials, window openings and fagade detailing that is similar or complementary to the design of the building. (4) Each entrance and exit to the parking area must be constructed so that vehicles entering or leaving the parking area are clearly visible to a pedestrian on any abutting sidewalk at a distance of not less than 10 Ordinance No. 08-4326 Page 4 feet. Stop signs and appropriate pedestrian warning signs may be required. D. Deleting subsection 14-2C-11., Central Business Zone (CB-10), and substituting in lieu thereof: I. Central Business Zone (CB-10) The purpose of the Central Business Zone (CB-10) is to be the high density, compact, pedestrian-oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment in this zone should occur in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas or pedestrianways. This zone is intended to accommodate a wide range of retail, service, office and residential uses. Auto-oriented uses are not permitted, except as specifically provided. Consolidated off-street loading and service facilities should be provided wherever practical with access provided from public service alleys or courts. Private, off- street parking is strictly regulated in order to preserve valuable land for active building uses and to maintain apedestrian-oriented streetscape. To support a healthy and vibrant commercial core, development of mixed-use buildings with residential uses located above storefront commercial uses is encouraged. E. Deleting subsection 14-2C-8F, Parking in the CB-10 Zone, -and substituting in lieu thereof: F. Parking in the CB-10 Zone Off-street parking is strictly regulated in the CB-10 Zone according to the procedures and standards listed in Article 14-5A, Off-street Parking and Loading Standards. F. Deleting paragraph 14-5A-4F-1., Off-site Parking, and substituting in lieu thereof: Off-Site Parking Off-street parking may be located on a separate lot from the use served according to the following rules. When the proposed off-site parking is located in a Residential Zone or in the CB-10 Zone or intended for a use located in the CB- 10Zone, the Board of Adjustment may grant a special exception for the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. When the proposed off-site parking is located in an Industrial Zone, Research Zone, or Commercial Zone, except the CB-10 Zone, the Director of Planning and Community Development may approve the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. G. Deleting subparagraph 14-5A-4F-1 b, b. Location of Off-site Parking (1) In Residential and Commercial Zones, no off-site parking space may be located more than 300 feet from an entrance of the use served, except as allowed in subparagraph e, below, for parking in a municipally-owned parking facility. (2) In Industrial and Research Zones, no off-site parking space may be located more than 600 feet from an entrance of the use served. Ordinance No. 08-4326 Page 5 H. Deleting subparagraph 14-5A-4F-1e., Off-site Parking Located in a Municipally- owned Parking Facility, and substituting in lieu thereof: e. Off-Site Parking Located in a Municipally-Owned Parking Facility In instances where a use is within 600 feet of a City-owned parking area, up to 50 percent of the required number of parking spaces may be provided in the parking facility. When a use abuts aCity-owned parking area, up to 100 percent of the .required number of parking spaces may be provided in the parking facility. In the CB-10 Zone, up to 100 percent of the required number of parking spaces may be provided in a City-owned parking facility regardless of the distance between the use and the parking facility. When an applicant requests to provide off-street parking in a City-owned parking facility, the Director of Planning and Community Development in consultation with the Director of Transportation Services and the City Manager or designee must substantiate that with the addition of the requested number of parking spaces the capacity of the parking facility will not be exceeded. In the CB-10 Zone, said parking requested to meet minimum parking requirements for residential uses may only be approved by special exception and only if there is capacity in the subject facility for long term parking and leases have been or will be secured from the City. Deleting paragraph 14-5A-4F-4, Parking Exemption in the CB-5 Zone, and substituting in lieu thereof: 4. Parking Exemption in the CB-5 Zone and CB-10 Zone In the CB-5 Zone or CB-10 Zone, a minor modification may be granted as specified in Section 14-4B-1 exempting up to 30 percent of the total number of dwelling units contained in a building from the minimum parking requirements, provided that those dwelling units are committed to the City's assisted housing program or any other affordable housing program approved by the City. Deleting 14-4B-1A-3., and substituting in lieu thereof: 3. In the CB-5 Zone and CB-10 Zone, a minor modification may be granted exempting up to 30 percent of the total number of dwelling units contained in a building from the minimum parking requirements, provided that those dwelling units are committed to the City's assisted housing program or any other affordable housing program approved by the City. K. Deleting subsection 14-76-7D, In Lieu Payment, and substituting in lieu thereof: D. In-Lieu Payment In order that available land in the Near Southside Parking Facility District is intensively used, and that a portion of residential parking is combined in a City off- street parking facility or facilities, rather than scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for a minimum of 75% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards; for residential uses in the CB-5 and CB-10 Zones; if fewer than 25% of the required spaces are provided on site, the fee shall be increased accordingly and if more than 25% of the required spaces are provided on site, the fee shall be 75%. In lieu of providing 50% of the parking spaces otherwise required according to Article 14-5A, Off-street Parking and Loading Standards, for residential uses in all other zones of the Near Southside Parking Facility District, a Ordinance No. 08-4326 Page 6 fee shall be paid. The City Council further finds that this parking facility impact fee is reasonably and rationally related to the increased off-street parking need or impact created by said new residential development. L. Deleting subsection 14-7B-7E, Formula, and substituting in lieu thereof: E. Formula The total residential parking facility impact fee required by this Article shall be calculated by multiplying the number of parking spaces otherwise required for residential uses according to Article 14-5A, Off-street Parking and Loading Standards, by 75% in the CB-5 and CB-10 Zones and by 50% in all other zones in the Near Southside Parking Facility District, and multiplying that product by the per space parking facility impact fee amount, as expressed in the formula: (RPS x 0.75) RIF= TRF or (RPS x 0.5) RIF =TRF, where: RPS =the number of parking spaces otherwise required according to Article 14- 5A, Off-street Parking and Loading Standards, for the residential use; RIF =the per space residential parking facility impact fee for residential uses; and TRF =the total residential parking facility impact fee required by this Article. M. Deleting subsection 14-7B-11A, On-site Parking Spaces, and substituting in lieu thereof: A. On-site Parking Spaces Notwithstanding provisions of the Zoning Ordinance which may be to the contrary, payment of the residential parking facility impact fee shall require the residential fee payor to provide between 15% and 25% of the parking spaces otherwise required in the CB-5 and CB-10 Zones; an additional 10% of required parking spaces may be provided on-site; however, the fee shall not be reduced. No fewer than 50% of the parking spaces otherwise required for residential uses on the site in all other zones within the Near Southside Parking Facility District shall be provided on-site. 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 22nd day of December _, 20~_• M Approved by ATTEST: _ jc.~~. ~- ~~/ ~,'`~~~f a CITY RK ~ City Attorney's Office l~ /~~~ ~ Ordinance No. 08-4326 Page 7 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek _ _ X O'Donnell g Wilburn g Wright First Consideration -- Vote for passage: Second Consideration 12 / 16 / 2008 Vote for passage: AYES: Wilburn, Wright, Bailey, Correia, Hayek. NAYS: Champion, O'Donnell. ABSENT: None. Date published 12/31/2008 Moved by Wilburn, seconded by Wright, 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 first consideration be waived and the ordinance be given second consideration at this time. AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek. NAYS: O'Donnell. ABSENT: None.