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HomeMy WebLinkAbout2008-12-16 Ordinance ~ . }. , ~ ~} `k x, s { 44 ~^1^1 5:° I g~a° .... F' .1 ~ ~ ~~ d ~ '• J '~:°~ ~ ~ ~~~~ . ~ 5 0 ° w ,~ ~~~ M1~: f. L~~ ~ a - _f e ~~ , t J d[' Is ~ ~I~ y ~1 '~' ~ ! III e F' C ti ;L~ . ;, ~ ... ~ o ~r'ti;~ ~~~~ ~f' ~:CJf ~ ~4 a~~.- e ~ ~~..___ __ I - ,. ~ P ff f 1 ~ ~~~ e~ f f~ F ! ~ ~ ff .~ .fir. ~` '}~. {:• k ._... .. ~1~'[.: [,~(.lt~;..~~I'I C.~ ~l'~-~'~acC L~;~x~i.t~ .=~'`~~~~ti,-~a~~~.~~}1 ,,° 1~~ ;i~C1`~-[~i~i:b(~~~ l~,~il~~,~,~.~ 1 Z-7 b-Utf 6b Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 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-I) 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'h 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'h 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 5th 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. 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 5 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 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. 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. Passed and approved this day of , 2008. MAYOR Appr ved by ~~~ City Attorney's Office l~/~~ld~ ATTEST: CITY CLERK 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: Bailey Champion Correia Hayek O'Donnell Wilburn 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 C~ ~~ Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420T" STREET, WEST OF TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT INDUSTRIAL(ID-I) AND FOR THE IOWA INTERSTATE RAILROAD RIGHT-OF-WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE FR COUNTY RESIDENTIAL (R) TO GENERAL INDUSTRIAL (11 ). (REZ07-00008 AND RE~08-00009) WHEREAS, MidWestOne Bank, s Trustee of the trusts established u the owner and legal titleholder of appr ximately 179 acres of land located Taft Avenue; and WHEREAS, the Iowa Interstate Railr d, Ltd., is the owner and legal way between Industrial Park Road and Taft venue; and WHEREAS, MidWestOne Bank has req ested annexation and rez n tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, L ., has right-of-way between Industrial Park Road and Taf ven WHEREAS, land annexed into Iowa City must ve the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates t development once City services have been extended to t WHEREAS, the zoning of railroad right-of-way shout which is zoned industrial; WHEREAS, the Planning and Zoning Commissio t that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED B THE IOWA: SECTION I APPROVAL. the will of Veronica Prybil is ;ent to 420th Street, west of er of the railroad right-of- of the approximate 179 acre requested a exation and rezoning of the railroad ae into the ty of Iowa City, Iowa; and an appro late City zoning designation according to t Trus property is appropriate for future industrial e a a; and 1 e consistent with the zoning of the adjacent land, the proposed rezoning and determined as L OF THE CITY OF IOWA CITY, CITY current zoning designation of County 1. Property described below is here reclassified from Residential (R) to Interim Develop ent-Industrial (ID-I): LEGAL DESCRIPTION Property locally known as 47 8 4201 Street, Johnson County, I wa, and legally described as: All that part of the Sout ast Quarter (SE'/4) of Section 19, Towns ip 79 North, Range 5 West of the 5th P.M., I ng north of the right of way of the Chicago, ock Island & Pacific Railway Co., runnin diagonally southeast to northwest through s id quarter section, Johnson County, to a; and All that part of e Southeast Quarter (SE'/4) of Section 19, Township 79~North, Range 5 West of the P.M., lying south of the right of way of the Chicago, Rock land & 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'/4) of Sec. 30, Township 79 North, Range 5 West of the 5th 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. 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 Quar er of said Section 19 to point of beginning of tract herein described (this is an assu ed bearing for purposes of this description on ); thence North 833.60 feet along the est property line of the Iowa Valley Milling Compan to point of intersection with the Sout erly right of way line of the Chicago, Rock Island, and acific Railroad Company; thence orth 64°49' West 370.18 feet along the Southerly right f way line of the Chicago, Roc Island & Pacific Railroad Company to a point; thence Sou 989.95 feet to a point of ntersection with the South line of the Southeast Quarter (S 4) of said Section 19; the ce South 89°48' East 335.00 feet along the South line of the S theast Quarter of sa' Section 19 to point of beginning; and containing 7.0 acres more r less. 2. The property described below ~ hereby recl sified from its current zoning designation of County Residential (R) to General Indust 'al (11 ): LE L DESCRIPTION Johnson County, Township 79 Nor ange 6 West, in the southwest corner of the southwest quarter of Section 13, all to a Interstate Railway Right of Way from the west boundary line of section 13, along s 'd ailway right of way east southeast to the center line of Taft Avenue in the southea t co er of the southeast quarter of Section 19 in Township 79 North, Range 5 West SECTION II. ZONING MAP. The buil ing official is reby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to co form to this ame dment upon the final passage, approval and publication of the ordinance as approv d by law. SECTION III. CERTIFICATION ND RECORDING. Up passage and approval of the Ordinance, the City Clerk is hereby authorized an directed to certify a copy o this ordinance and record the same in the Office of the County Recorder, J nson County, Iowa, at the O ner's expense, upon the final passage, approval and publication of thi ordinance, as provided bylaw. SECTION IV. REPEAL .All ordinances and parts of ordina ces in conflict with the provisions of this Ordinance are hereby repe led. SECTION V. SEVE BILITY. If any section, provision or part o the Ordinance shall be adjudged to be invalid or unconstitutio I, such adjudication shall not affect the validit of the Ordinance as a whole or any section, provision or art thereof not adjudged invalid or unconstitution I. SECTION VI. FFECTIVE DATE. This Ordinance shall be in effe after its final passage, approval and publication, as pr ided by law. \ Passed and approved this day of , 20081. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420T" STREET, WEST OF TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT INDUSTRIAL(ID-I) 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 Veronica Prybil Trusts Under Will, is the ow er and legal titleholder of approximately 179 acres of land located adjacent to 420th Street, `hest of Taft Avenu ;and WHEREAS, the Iowa Interstate Railroad, 4td., is the owner and legal titleholder of the railroad right-of- way between Industrial Park Road and Taft Ave e; and WHEREAS, MidWestOne Bank, as trustee f the Vero ica Prybil Trusts Under Will, has requested annexation and rezoning of the approximate 179 ac e tract int the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, Ltd., as rec~ested annexation and rezoning of the railroad right-of-way between Industrial Park Road and Taft Av nue`into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must hav an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and i` WHEREAS, the Comprehensive Plan indicates that rust property is appropriate for future industrial development once City services have been extended,to the ~-ea; and WHEREAS, the zoning of railroad right-of-way ~'hould be'~onsistent with the zoning of the adjacent land, which is zoned industrial; ,~'~ WHEREAS, the Planning and Zoning Commission has revi~vved 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 her y reclassified from its ci~r-rent zoning designation of County Residential (R) to Interim Develo ent-Industrial (ID-I): ~,, LEGAL DESCRIPTION '°~ Property locally known as 4748 4201 Street, Johnson County, lo3va, and legally described as: All that part of the Southeast Quarter (SE'/4) of Section 19, Township 79 North, Range 5 West of the 5th 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'/4) of Section 19, Township 79 North, Range 5 West of the 5th 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 5th 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. t Ordinance No. 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. The property cribed below is hereby reclassified from its current zoning designation of County Residential (R) to eral Industrial (11 ): LEGAL DESCRIPTION Johnson County, Township orth, Range 6 West, in the southwest corner of the southwest quarter of Section 13 Iowa Interstate Railway Right of Way from the west boundary line of section 13, alo g sai ailway right of way east southeast to the center line of Taft Avenue in the sou heast co`rr~r of the southeast quarter of Section 19 in Township 79 North, Range 5 W st. ~"~• SECTION II. ZONING MAP. The buplding official is hereby~uthorized and directed to change the zoning map of the City of Iowa City, Iowa, to cohform to this amendmenfu~on the final passage, approval and publication of the ordinance as approved bylaw. ~~'~ SECTION III. CERTIFICATION Af~D RECORDING. Upon passag~d approval of the Ordinance, the City Clerk is hereby authorized and diy~ected to certify a copy of this ordin ce and record the same in the Office of the County Recorder, John~on County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordir>rance, as provided by law. SECTION IV. REPEALER. All ¢~rdinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILIT`d. 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 there~f not adjudged invalid or unconstitutional. SECTION VI. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by Imo. Passed and approved this day of , 2008. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard Item: ANN07-00001/REZ07-00006 Date: November 6, 2008 & ANN08-00001/REZ08-00009 Iowa Interstate Railway between Industrial Park Rd and Taft Avenue & 4748 420th St. SE, Iowa City GENERAL INFORMATION: Applicants: AN N07-00001 /REZ07-00006 Iowa Interstate Railway 5900 6th St. SW Cedar Rapids, IA 52404 ANN08-00001 /REZ08-00009 MidWestOne Bank as Trustee Of Veronica Prybil Trusts under Will 102 S. Clinton Street Iowa City, IA 52240 Contact Person: Wendy Ford (City Staff - 356-5248) Sue Pence MidWestOne Trust Services PO Box 1700 Iowa City, IA 52244-1700 (319)356-5959 Requested Action: Annexation and Rezoning Purpose: To allow the property to be incorporated into the City of Iowa City for future development Location: The Veronica Prybil Estate located between the Scott- Six Industrial Park and Taft Avenue & the Iowa Interstate Railway between Industrial Park Road and Taft Avenue Size: Approximately 179 acres + Railway ROW Existing Land Use and Zoning: farmland -County Residential (R) Surrounding Land Use and Zoning: North: Farmland -County R South: Farmland -County R East: farmland and a few small industrial properties - County Rand County Heavy Industrial (MH) 2 Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: West: Industrial and farmland -General Industrial (11) and County R and County Highway Commercial (CH) Southeast District -Industrial development October 14, 2008 No limitation with annexation The applicants, the Iowa Interstate Railway and MidWestOne Bank as Trustee of the Veronica Prybil Trusts, have requested annexation to Iowa City. The land for the Veronica Prybil Trust consists of several parcels approximately 179 acres in size located in Scott Township, east of the Scott-Six Industrial Park and west of Taft Avenue. The parcels straddle the Iowa Interstate Railway and 420th St SE. The City of Iowa City is in the process of purchasing this land with the intention of making it available for future industrial development. Since the railway bisects the property and is an asset for future industrial development the Iowa Interstate Railway and the City have agreed that annexation to the City of Iowa City is in the best interests of both parties. ANALYSIS: Annexation The Comprehensive Plan has established a growth policy to guide the decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The area under consideration falls within the adopted long-range planning boundary. The City's long range planning boundary is defined as the area for which sanitary sewer service can be provided. This sanitary sewer service area is generally based on watershed boundaries and the general topographical features of the land. A general growth area limit is illustrated in the Comprehensive Plan and on the City's Zoning Map. Since the subject property is located adjacent to the City's long-range planning boundary, the City Engineer has examined the topography in the area in more detail and determined that sewer service can be provided to the entirety of this property from the Scott Boulevard Trunk Sewer. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The City of Iowa City and identified a need for additional land for industrial uses. The land under consideration for annexation is a logical extension of the existing industrial area in Iowa City located between the Iowa Interstate Railway and State Highway 6. With the industrial land in Iowa City already largely developed there is an identified need for additional land to provide for future industrial growth. Upgrade of 420th Street is scheduled for FY09/10. Other City services will also be extended at that time. 3. Control of the development is in the City's best interest. The property is within the Long-Range Planning boundary and abuts the City's corporate limits. The City of Iowa City has identified a need for additional land for future industrial development so control of this property in the City's best interest. Access to rail service is important to industrial development. This property has the potential for access to the Iowa 3 Interstate Railway. It is in the best interest of the City to partner with the Railroad to carefully plan and design the rail access points to maximize the economic potential of this property. Annexation will allow the land to be developed in a manner consistent with surrounding development and will ensure efficient provision of public services and adequate traffic circulation. Under County jurisdiction, development is limited by inadequate sewer and water service and 420th Street will need to be upgraded to urban standards to serve industrial traffic. Proposed annexation will allow for more consistent development with access to streets, public water and sewer treatment facilities appropriate to industrial development. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the above conditions exist. In staff's view, these conditions have been met for this voluntary annexation request. Rezoning Compliance with the Comprehensive Plan The Comprehensive Plan states that "the provision of space for industrial development is a community-wide goal. The Southeast Planning District contains property which is appropriate for meeting this goal. For years, long-range plans of Iowa City have shown expansion of the BDI Industrial park, east of Scott Boulevard between the Iowa Interstate Railway line and 420th Street." Since the adoption of the Comprehensive Plan in 1997, land for the Scott-Six Industrial Park was annexed and has been largely built out. Annexation of the railway and the land from the Veronica Prybil Trust is a logical extension of this industrial area. It is contiguous with existing industrial land, located next to a rail line and major truck routes to Interstate 80 and Highway 6, which makes it ideally suited for future industrial development. Since the City is purchasing the land, it will have control of future development and can ensure that the land is developed in a manner that is consistent with the Comprehensive Plan. General Industrial (11) Zoning would allow a wide variety of industrial uses to locate on this property and is consistent with the zoning on adjacent property to the west. However, until water and sewer is extended to the Veronica Prybil Trust property, a designation of Interim Development -Industrial (ID- I) is appropriate. Water service will be extended when the City improves 420th Street to city standards. Sewer service can be provided by extending a branch from the Scott Boulevard Trunk Sewer to this area. Improvement of the road and extension of water and sewer service is scheduled for FY10. At such time as these improvements are in place a rezoning to 11 would be appropriate. Since these services are not required for the Iowa Interstate Railway property, General Industrial (11) is the most appropriate zoning designation and is consistent with the surrounding zoning. Streets and traffic circulation: Improvement of 420 Street between Highway 6 and Taft Avenue is scheduled for FY09/10. Upgrade of this roadway is necessary to provide appropriate access for future industrial users. It is also in the City's long range plans to improve Taft Avenue to meet future access and traffic circulation needs for areas east of Scott Boulevard. Infrastructure The City is intending to extend water mains along 420th Street as part of the street reconstruction project so water service will be available for future development. Sanitary sewer service will be available to this property with extension of a branch from the Scott Boulevard Trunk Sewer. Environmentally Sensitive Areas: The sensitive areas map indicates that a stream corridor/drainageway exists on this property and it may also contain areas with hydric soils. Prior to any development activity occurring on the site 4 any regulated sensitive areas and associated buffers on the property are required to be delineated and appropriate protections established according to the Iowa City Sensitive Areas ordinance. STAFF RECOMMENDATION: Staff recommends that ANN08-00001 and REZ08-00009, an annexation to the City of Iowa City and rezoning of approximately 179 acres of land from County Residential - R to Interim Development (ID-I) located east of the Scott-Six Industrial Park and west of Taft Avenue, and ANN07-00001, REZ07-00006, an annexation and rezoning of the ROW of the Iowa Interstate Railway between Industrial Park Road and Taft Avenue from County Residential (R) to General Industrial (11), be approved. ATTACHMENTS: 1. Location Map Approved by: ~~~~-`~~ ~ ~'~~ Jeff Davidson, Director, Department of Planning and Community Development _/~,,~L N ~o~, ~ ~~ e \\\\\ o~c::...:°. ~ \\\\\\\\\\\\\ a ~~~~ / Crr_ Qi rd a cn '~, o x g, V ~ a ~a qm e ~H yaa O O¢ _..~~ .a «~rd N io rrnwn ~ r M M /f1 ____. _ 1~.3xKirN \ 0 ~ .~ rre.ev i~ ]assnq o V J a ~ City of Iowa City MEMORANDUM Date: November 14, 2008 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: ANN08-00001/REZ08-00009 & ANN07-00001/REZ07-00006 There were several questions raised at your last meeting regarding the annexation request for the Veronica Prybil Trust property and the Iowa Interstate Railway right-of-way: What does the Fringe Area Agreement between the City and Johnson County outline for this area? Is this annexation consistent with the Comprehensive Plan and how will the City address a transition from industrial to residential development north of the railroad? Is access to the railway important to industrial development and what are the long term implications for truck traffic? Fringe Area Agreement To quote directly from the Fringe Area Agreement, the intent of the agreement is "to provide for orderly and efficient development patterns appropriate to anon-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development and effectively and economically provide services for future growth and development." The subject land proposed for annexation is located within Fringe Area B within the City's growth area. For land within this area, the fringe area agreement states: As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan. The Director of Planning met with the Johnson County Board of Supervisors at their meeting on November 13. The Board and the County planning staff were supportive of this application for annexation and agreed that it met the goals of the fringe area agreement and the County and City comprehensive plans. As with most annexations, the City and County will cooperate in maintaining the roads along the edge of the cit~r. After annexation, the City is committed to maintaining the entirety of 4201 Street out to the City Limits. Iowa City Comprehensive Plan As mentioned in the staff report, staff finds that this annexation and subsequent rezoning to allow industrial development is consistent with the Comprehensive Plan. While a more detailed District Plan has not been formulated for this area, the 1997 Comprehensive Plan states that providing adequate space for industrial November 14, 2008 Page 2 development is a community-wide goal and the Southeast District contains land in this area that is suitable for such development. A nearby property owner commented at your meeting that the railroad has always been the boundary between residential development and industrial development. While this has been the pattern of development west of Scott Boulevard, the railroad does not provide a particularly good buffer between residential and industrial uses. The City receives regular complaints from residents living close to the railway about noise and odors from nearby industry. Given that there are several property owners in the area east of Scott Boulevard that may consider annexing in the near future, staff have had some preliminary discussions about what would be a suitable transition from industrial to residential. Snyder Creek flows diagonally from northeast to southwest across the land north of the railway. This stream corridor would provide an opportunity for a wider greenway or parkway that would serve as a more attractive and functional buffer between residential development to the north and industrial development to the south. In addition, allowing for some industrial development on both sides of the railway will maximize opportunities for future industries to use this form of transport and distribution. Transportation links One of the reasons that this land is attractive for industrial development is that there are several good transportation links in the area. Improvement of 420tH Street will provide a direct link to the City's arterial street network, which in turn provides access to Highway 6, Highway 218, and Interstate 80. In the future, Taft Boulevard will provide another north-south arterial street connection for truck traffic. In addition, there is the possibility for rail service. If you recall during the Central District Planning process rail access was mentioned as an important consideration for industrial uses in the South Gilbert Street Commercial Corridor. This land proposed for annexation would provide new opportunities for industries that rely on rail service for distribution of their goods. s~ Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08-00010) ORDINANCE NO. 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. 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°06'18"W, ALONG SAID EAST RIGHT-OF- WAY LINE, 33.0 FEET; THENCE N86°53'42"E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, 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 II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the Ciry of Iowa Ciry, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK App ved by City Attorney's Office ~ ~/9, /Q g ppdadm/ord/rez08-00010Cardinal Pointe.doc 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: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration ?~l~l2e0~ Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: NOne. ABSENT: None. Second Consideration _ Vote for passage: Date published 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 neighborhood 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 neighborhood 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: ppdadrtVagt/cza- cardinal Pointe co-1 rez08-0010 finat.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 CO-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 signage 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 facade 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 ppdadMagt/cza-cardinal Pointe co-1 rez08-0010 final.dx 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 ~~c f~ ~w , 20 ~~.• OWNER CITY OF IOWA CITY THE CROSSING DEVELOPMENT LC ~~~'_~ ~ ____ By Dennis Craven, Manager Regenia D. Bailey, Mayor APPLICANT SOUTHGATE DEVELOPMENT SERVICES, LLC Glen Siders, Jst.c "mot eesrb~t~~r' CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) By: Marian K. Karr, City Clerk Approved by: City Attorney's Office ppdadnUagUcza-cardinal Pointe co-1 rez0&0010 final.dx 3 This instrument was acknowledged before me on day of , 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. Notary Public in and for the State of Iowa (Stamp/Seal) THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT STATE OF IOWA ss: JOHNSON COUNTY ) ~-~1~0~°-~t> This instrument was a wledged before me o G ~ , 200 by 5 as of ~~ /~ o,~'~'~ TERES+ A L. MORROW Commission Number 149488 Notary Public in and for the State of Iowa My~ommissi E~~es (Stamp or Seal) SOUTHGATE DEVELOMENT SERVICES LLC ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) This i s rument was ackn1 ~wle ed before /~ne on ~a ~ ~ , 20 8 y 2~+.~~ as JLi.C~ ~$i d~7" of l ceS, LLG `-~ J~ TERESA L. M ORROW Notary Public in and for the State of Iowa °~ Commission Number 148499 My Commission Tres (• •p (Stamp or Seal) ppdadMagt/cza-cardinal Pointe co-7 rezOB-0o10 final.doc '4 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 " Ity"), and The Crossing Develo ent LC (hereinafter "Owner") and Southgate Development~Services LLC (hereinafter "Applican "). WHEREAS, caner is the legal title holder of appro Imately 1.69 acres of property located at the southeast co ner of Kennedy Parkway and Camp C rdinal Boulevard; and WHEREAS, he Applicant, with the Owner's co sent, has requested the rezoning of said property from terim Development Commercial O Ice (ID-CO-1) to Commercial Office (CO-1 ); and WHEREAS, the Planning and Zoning Commi sion has determined that, with appropriate conditions regardi g building design and place ent, vehicle access, screening, and signage, the zoning is in con rmance with the Compreh nsive Plan; and WHEREAS, Iowa C de §414.5(2007) pro ides that the City of Iowa City may impose reasonable conditions n granting an app cant's rezoning request, over and above existing regulations, in order to s isfy public needs used by the requested change; and WHEREAS, the Owner an pplicant a nowledge that certain conditions and restrictions are reasonable to ensure the de elopmen of the property is consistent with the Comprehensive Plan and the need for neighbor ood c mpatibility; and WHEREAS, the Owner and Applits~nt agree to develop this property in accordance with the terms and conditions of this Condif al Zoning Agreement. NOW, THEREFORE, in consid~ration~gf the mutual promises contained herein, the parties agree as follows: / 1. The Crossing Develo,~ment LC is the~gal title holder of the property legally described as follows: ,/~ \ COMMENCING AT THF~ CENTER OF SECTIO 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH,' PRINCIPAL MERIDIAN, I WA CITY, JOHNSON COUNTY, IOWA; THENCE N89°25'22"E,~'ALONG THE SOUTH LINE O HE NORTHEAST QUARTER OF SAID SECTION 12, A DIS~fANCE OF 1749.4 FEET, TO I INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CAMP CARDINAL BOULEV D; THENCE NORTHWESTERLY, 50.0 FEET, ALOI~ SAID EAST RIGHT-OF-WAY LINE, ND AN ARC OF A 760.0 FOOT RADIUS CURVE;; CONCAVE SOUTHWESTERLY, WHOS 50.0 FOOT CHORD BEARS N00°07'16"W; T ENCE NORTHWESTERLY, 380.0 FEET, A ONG SAID EAST RIGHT-OF- WAY LINE, AND AN ARC OF A 760.0 FOOT RA IUS CURVE, CONCAVE SOUTHWES RLY, WHOSE 376.0 FOOT CHORD BEAR N16°19'46"W; THENCE N30°39'08" ALONG SAID EAST RIGHT-OF-WAY LINE, 30.9 FEET; THENCE NORTH TERLY, 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; ppdadm/agt/cza-cardiml pdnte co-1 rez08-0010 (final).doc 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 SAI EAST RIGHT-OF-WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, A NG SAID EAST RIGHT- OF-WAY LINE, AND AN ARC OF A 660.0 FOOT RA IUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEA S N14°43'50"W; THENCE N01°11'28"E, ALONG SAID EAST RIGHT-OF-WAY LINE, 36 .8 FEET, TO THE POINT OF BEGINNING; THEN E CONTINUING, N01°11'28"E, ALO SAID EAST RIGHT-OF-WAY LINE, 55.8 FEET; TH NCE NORTHWESTERLY, 179.4 FE ,ALONG SAID EAST RIGHT-OF- WAY LINE, AND N ARC OF A 2550.0 FO RADIUS CURVE, CONCAVE SOUTHWESTERLY, HOSE 179.4 FOOT CHOR BEARS N00°49'29"W; THENCE NORTHEASTERLY, 62. FEET, ALONG SAID EAST GHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS C RVE, CONCAVE SOUTH STERLY, WHOSE 56.4 FOOT CHORD BEARS N42°01'38"E; THE CE N86°53'42"E, ALON SAID EAST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03°06'1 "W, ALONG SAID ST RIGHT-OF-WAY LINE, 33.0 FEET; THENCE N86°53'42"E, 43.6 EET; THENCE N RTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RA IUS CURVE, C CAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N8 °22'17"E; THE CE S12°09'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FE ALONG A ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 63.2 FOOT CHORD BEARS S05°54'30"E; THENCE S00°20'09"W, 64.7 FEE ' THENC N89°39'51"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.0 ACR S, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant ackn ledge that the City wishes to ensure conformance to the principles of the Compreh 've Plan and neighborhood compatibility. Further, the parties acknowledge that low C e§414.5(2007) provides that the City of Iowa City may impose reasonable con tions n granting an applicant's rezoning request, over and above the existing regulatio s, in or er to satisfy public needs caused by the requested change. 3. In consideration of the ity rezoning t subject property, Owner and Applicant agree that development of th subject grope will conform to all other requirements of the zoning chapter, as wel~as the following c ditions: A. The developmen will substantially com ly with the October 30, 2008 concept plan as submitted, with r gard to the location of a building and parking area and the level of screenings wn thereon. Any significa t deviation from these aspects of the concept plan all be approved by the Pla Wing and Zoning Commission; B. Vehicle acce s shall be limited to one entra ce point to be located off Ryan Court and centere between lots 10 and 11 of the sidential zone to the east as shown in the concep plan; C. S3 vegeta ve screening shall be provided alon yan Court and along the south property li e. Additionally, a decorative fence co ructed of masonry and wrought iron mate iaXs or a 2'-3' high berm shall be installe long Ryan Court; D. In order td~educe the hardscape effect of the parking a -a and Ryan Court entrance, the development shall include either a 3' to 5' wide landsca d 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. PDdadrnlagt/cza-cardiWal pdnte co-1 rez08-0010 (final).doc 2 E. No more t none monument sign. shall be permitted and, if installed, shall be installed at the corn r of Camp Cardinal Boulevard and Kennedy Parkway. No illuminated signs shall be per fitted on the east side of the building or any portion of the building facing the parking ea. Signage within the front setback along Ryan Court will be limited to directional sig age marking the entrance to the par 'ing area. F. Any street-fac g facade greater than 50-feet in with must be broken into modules that give the ap earance of individual units. Thes modules must meet the following standards: 1. Each mo ule must be no greater than 4 feet; 2. Each mod le must be distinguished fro the adjacent module by at least three of the Ilowing means: a. Variat n in wall plane by rec sing a building module from the adjace t building module; b. Variatio in material colors types, or textures; c. Variation 'n building or pa pet height; d. Variation i architectural etails such as decorative banding, reveals, stone, or til accents; e. Break or va 'ation in indow pattern. G. A minimum of 30 percent o any s eet-facing facade between 2 and 10 feet in height from the adjacent ext rior rade must be comprised of windows or doors; H. At least 75% of the building's a erior shall be constructed of quality exterior building materials, including b ck, masonry, stone or stucco. I. Primary building entries mus distinguished by at least two of the following means: 1. Canopies or awning ; 2. Recesses; 3. Raised cornice or imilar arc itectural features; 4. Architectural de ils, such as file work and moldings that are integrated in the building struct a and design. J. The final design of t e development all be approved by the Director of Planning and Community D velopment. 4. The Owner, Applica t, and City acknowle a that the conditions contained herein are reasonable conditi ns to impose on the Ian under Iowa Code §414.5 (2007), and that said conditions s isfy public needs that are used by the requested zoning change. 5. The Owner, A plicant, and City acknowledge ;that in the event the subject property is transferred, syy~~Id, redeveloped, or subdivided, II redevelopment will conform with the terms of this,Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zonin~ 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. ppdadm/a9Ucza- cardinal Pointe co-1 rez08-0010 (final).doc 3 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 da~r of OWNER THE CROSSING DEV OPMENT LC Glenn Siders APPLICANT SOUTHGATE DEVELOPMENT RVICES, Glen Siders CITY OF IOWA CITY ACKNO LEDGEME T: STATE OF IOWA ) JOHNSON COUNTY ) 20 CITY F IOWA CITY By Regenia D. Bailey, Mayor By: Marian K. Karr, City Clerk Approved by: fit City Attorney's Office ~a~q /d ~- On this day of ~ A.D. 20 ,before me, the undersigned, a nota public in and for the State of owa, personally appeared Regenia D. Bailey and Marian K. Karr to me personally known, who b 'ng by me duly sworn, did say that they are the Mayor and C' Clerk, respectively, of said mun ipal corporation executing the within and foregoing instru ent; that the seal affixed thereto is t e seal of said municipal corporation; that said instrumen was signed and sealed on behalf of sai municipal corporation by authority of its City Council; nd that the said Mayor and City Clerk such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agUcza- cardinal Pointe co-1 rez08-0010 (final).doc 4 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of Public in \\ and did say that said limited lia act ana aeea or sa-a ~ company by author' of its managers and the said acknowledged the a cution of said instrument to be the voluntary t liability company by ' voluntarily executed. Notary Public in and for the State of Iowa My commission expires: Southgate Development STATE OF IOWA JOHNSON COUNTY On this day of Public in an ces LLC 44CKNOWLEDGEMENT: ss: A.D. ~ for the State .tome did say that said limited act and deed of A.D. 20 ,before me, the undersigned, a Notary for the State ofd Iowa, personally appeared to me perso Ily known, who being by me duly sworn, person is (title) of and that aid instrument was signed on behalf of the person is _, before me, the undersigned, a Notary of Iowa, personally appeared -nally known, who being by me duly sworn, (title) of and that sai instrument was signed on behalf of the lity company by authority its managers and the said acknowledged the execution f said instrument to be the voluntary limited liability company by it voluntarily xecuted. Notary Public in and for the State of Iowa My commission expires: ppdadmlagt/cza-csrdinal Pointe ca-1 rez08-0010 (final).doc 5 ~~ Prepared by: Sarah Walz, Associate Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ08-00010) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1. 9 ACRES OF PROPERTY LOCATED AT EH SOUTHEAST CORNER OF CAMP CARDINAL BO LEVARD AND KENNEDY PARKWAY, FROM INTERIM DEVELOPMENT COMMERCIAL OFFICE D-CO-1) TO COMMERCIAL OFFICE (CO-1). (REZO$-000010) WHEREAS, the applicant, uthgate Development, LLC, has requested;a rezoning of property located at the southeast corner of Cam Cardinal Boulevard and Kennedy Park~ray from Interim Development Commercial Office (ID-CO-1) zone t Commercial Office (CO-1) zone; and , WHEREAS, the Comprehensive Ian indicates that this location is~propriate for Commercial Office use provided such development is desig ed to be compatible the adjacen residential zone; and WHEREAS, Iowa Code §414.5 (20 )provides that the City of t'owa City may impose reasonable conditions on granting an applicant's rezo ing request, over and ab~ve existing regulations, in order to satisfy public needs caused by the requeste change; and WHEREAS, the Planning and Zoning mmission has the eviewed the proposed rezoning and determined that it complies with the Comprehe ive Plan provided hat it meets conditions addressing the need for neighborhood compatibility in building sign and plac ment, vehicle access, screening, and signage.; and WHEREAS, the owner and applicant have agre that the roperty shall be developed in accordance with the terms and conditions of the Conditional Zonin Agree ent attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE TY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zon' Agreement attached hereto and incorporated herein, property described below is hereby reclassified fro its current zoning designation of Interim Development Commercial Office (ID-CO-1) to Commercia Office CO-1 ): Lot 9, Cardinal Poi~ite South P'~t(t One SECTION II. ZONING MAP. The building official i hereby authoriz d and directed to change the zoning map of the City of Iowa City, Iowa, to conform to is amendment up n the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGRE MENT. The mayor is reby authorized and directed to sign, and the City Clerk attest, the Conditional Wing Agreement between the property owner(s) and the City, following passage and approval of this Ordi nce. SECTION IV. CERTIFICATION AND REC RDING. Upon passage and a royal of the Ordinance, the City Clerk is hereby authorized and directed t certify a copy of this ordinance, nd record the same in the Office of the County Recorder, Johnson Co nty, Iowa, at the Owner's expense upon the final passage, approval and publication of this ordinance, as provided bylaw. \ SECTION V. REPEALER. All ordinanc s and parts of ordinances in conflict wi(h 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. Passed and approved this day of , 20 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office 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 le I title holder of approximately 1.69 acres of property located at the southeast corner of Kennedy rkway and Camp Cardinal Boulevard; and WHEREAS, The Applicant, with the Owner's consent, has requested the rezoning of said property from Interim Developmen Commercial Office (ID-CO-1) to Commercial Office (CO-1 ); and WHEREAS, the Planning and Zonin Commission has determined that, with appropriate conditions regarding building design an placement, vehicle access, screening, and signage, the zoning is in conformance with the Com rehensive Plan; ands i WHEREAS, Iowa Code §414.5(2007) pro ides that the ity of Iowa City may impose reasonable conditions on granting an applic is rezoning r quest, over and above existing regulations, in order to satisfy public needs caus d by the req ested change; and WHEREAS, the Owner and Applicant acknowled that ce ain conditions and restrictions are reasonable to ensure the development of the pro rty is onsistent with the Comprehensive Plan and the need for neighborhood compatibility; an WHEREAS, the Owner and Applicant agree to devel this property in accordance with the terms and conditions of this Conditional Zoning Agree t. NOW, THEREFORE, in consideration of the muty(al pro~ises contained herein, the parties agree as follows: / 1. The Crossing Development LC is the I~gal title holder'~lof the property legally described as follows: / COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL ERIDIAN, IOWA CITY, ~~JOHNSON COUNTY, IOWA; THENCE N89°25'22"E, ALONG T SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF AMP 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; ppdadm/agUcza- cardinal Pointe co-1 rez08-0010 (final).doc 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 FEAT, ALONG SAID EAST RIGHT-OF- WAY LINE, AND, AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, '~ WHOSE 179.4 FOOT CHORD BEARS N00°49'29"W; THENCE NORTHEASTERLY, 6~6 FEET, ALONG SAID EAST RIGHT-OF-WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS URVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42°01'38"E; TH NCE N86°53'42"E, ALONG SAID AST RIGHT-OF-WAY LINE, 20.0 FEET; THENCE N03°06' "W, ALONG SAID EAST RI HT-OF-WAY LINE, 33.0 FEET; THENCE N86°53'42"E, 43. FEET; THENCE NORTHER TERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RA IUS CURVE, CONCAVE ORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N8 °22'17"E; THENCE S1 °09'09"E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEE ALONG AN ARC F A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 F OT CHORD BEARS S05°54'30"E; THENCE S00°20'09"W, 64.7 FEET; HENCE N89°39' 1"W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 CRES, AN SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowle g that the City wishes to ensure conformance to the principles of the Comprehensive Ian and neighborhood compatibility. Further, the parties acknowledge that Iowa Co 414.5(2007) provides that the City of Iowa City may impose reasonable conditions on g nting an applicant's rezoning request, over and above the existing regulations, i order t satisfy public needs caused by the requested change. 3. In consideration of the City ezoning the su ject property, Owner and Applicant agree that development of the s ject property wil conform to all other requirements of the zoning chapter, as well a the following conditi ns: A. The development ill substantially comply wi the October 30, 2008 concept plan as submitted, with r and to the location of the b 'Iding and parking area and the level of screening sh n thereon. Any significant de 'ation from these aspects of the concept plan all be approved by the Planning .nd Zoning Commission; B. Vehicle acce s 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. ppdadm/agt/cza- cardinal Pointe co-1 rez08-0010 (final).doc 2 E. No more than one monument sign shall be permitted and, if installed, shall be installed at the corner of Camp Cardinal Boulevard and Kennedy Parkway. No illuminated signs shall be permitted on the east side of the building or any portion of the building facing the parking area. Signage within the front setback along Ryan Court will be limited to directional signage marking the entrance to the parking area. F. Any street-facing fagade 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. E ch module must be distinguished from the adjacent module by at least thr of the following means: a. Variation in wall plane by recessing a building module from the adjacent building module; b. aviation in material colors, types, or t' xtures; c. V iation in building or parapet heigh , d. Va tion in architectural details suc as decorative banding, reveals, stop or the accents; e. Break r variation in window patte n. G. A minimum of 30 per nt of any street-facing f rade between 2 and 10 feet in height from the adjace t exterior grade must comprised of windows or doors; H. At least 75% of the buil g's exterior shall b constructed of quality exterior building materials, includi brick, masonry stone or stucco. I. Primary building entries m t be distingui ed by at least two of the following means: 1. Canopies or awnings; 2. Recesses; 3. Raised cornice or similar 4. Architectural details, such building structure and des J. The final design of the develop and Community Development i'ectural features; le work and moldings that are integrated in the be approved by the Director of Planning 4. The Owner, Applicant, and Ci acknowledge reasonable conditions to imp se on the land ~ said conditions satisfy publi needs that are cap 5. The Owner, Applicant, nd City acknowledge transferred, sold, red veloped, or subdivided, terms of this Condit' nal Zoning Agreement. the conditions contained herein are r Iowa Code §414.5 (2007), and that by the requested zoning change. that ( the event the subject property is all re velopment will conform with the 6. The parties ac owledge that this Conditional Zoning Agr ment shall be deemed to be a covenant r Wing with the land and with title to the land, nd shall remain in full force and effect s a covenant with title to the land, unless or un released of record by the City of to a 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. ppdadm/agt/cza-cardinal Pointe co-1 rez08-0010 (final).doc 3 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20 OWNER ~, CITY OF IOWA CITY THE CROSSING D~/ELOPMENT LC Glenn Siders APPLICANT SOUTHGATE DEVELOPMEN ERVICES, LLC Glen Siders ~ CITY OF IOWA CITY ACKNOWL STATE OF IOWA ) ss: JOHNSON COUNTY ) By is D. Bailey, Mayor By: Marian K. Karr, City Clerk Approved by: City Attorney's Office On this day of A.D. 20 ,before me, the undersigned, a notary public ' and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me ersonally known, who being me duly sworn, did say that they are the Mayor and City CI ,respectively, of said municipal corporation executing the within and foregoing instrument at the seal affixed thereto is the se I of said municipal corporation; that said instrument was signed and sealed on behalf of said mu icipal corporation by authority of its City Council; and that the said Mayor and City Clerk as su h officers acknowledged that the execution of said instrument to be the voluntary act and dee of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agUcza- cardinal Pointe co-1 rez08-0010 (final).doc 4 THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , A.D. 20 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known who being by me duly sworn, did say that the said limited liability act and deed of said limited lia is (title) of and that said instrument was signed on behalf of the any by authority of its managers and the said iowledged the execution of said instrument to be the voluntary ty company by it voluntarily~executed. Notary Puf~lic in and for the State of Iowa My corrrfnission expires: Southgate Development Services LLC STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of Public in and for the did say that the perso is DGEMENT: A.D. 20 ,before me, the undersigned, a Notary State of Iowa, personally appeared to me personal) known, who being by me duly sworn, (title) of ,and that said ins ument was signed on behalf of the said limited liability company by authority of i managers and the said acknowledged the execution of s 'd instrument to be the voluntary act and deed of said I' ited liability company by it voluntarily exe ted. Notary Public in and for the State of Iowa My commission expires: ppdadm/agUcza- cardinal Pointe co-1 rez08-0010 (final).doc ~ 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 approximately 1.69 acres of property located at the southeast corner of~ennedy Parkway and Camp Cardinal Boulevard; and WHEREAS, The Apply ant with the Owner's consent has requested the rezoning of said property from Interim D~lopment Commercial Office (ID-CO-1) to Commercial Office (CO-1 ); and '\ WHEREAS, the Planning an Zoning Commission ha determined that, with appropriate conditions regarding building de ~ n and placement, ve cle access, screening, and signage, the zoning is in conformance with t Comprehensive PI n; and WHEREAS, Iowa Code §414.5 (20 ) provides t at the City of Iowa City may impose reasonable conditions on granting an a plicant's r zoning request, over and above existing regulations, in order to satisfy public needs aused y the requested change; and WHEREAS, the Owner and Applicant ackno dge that certain conditions and restrictions are reasonable to ensure the development of th roperty is consistent with the Comprehensive Plan and the need for neighborhood compat' ility; nd WHEREAS, the Owner and Applicant a tee(s) to d elop this property in accordance with the terms and conditions of a Conditional Z Wing Agreeme t. NOW, THEREFORE, in considerate n of the mutual pr mises contained herein, the parties agree as follows: 1. The Crossing Develop nt LC is the legal title holde of the property legally described as follows: Lot 9, Cardinal Pointe South P 2. The Owner and plicant acknowledge(s) that the City wishe to ensure conformance to the principles o the Comprehensive Plan and neighborhood compatibility. Further, the parties ackno edge that Iowa Code §414.5 (2005) provides at the City of Iowa City may impose asonable conditions on granting an applicant's re oning request, over and above the fisting regulations, in order to satisfy public needs c sed by the requested change. 3. In co ideration of the City's rezoning the subject property, O er and Applicant agre s) that development of the subject property will conform to all her requirements of a zoning chapter, as well as the following conditions: A requirement for substantial compliance with the concept plan as submitted. Substantial compliance is in regard to the location of the building and parking area. ppdadm/agUCZa rez08-00010 cardinal poinle co-1 (2)doc.doc ~ f, ~ ., , Any significant deviation from the concept plan regarding building, parking placement, or screening requires approval by the Planning and Zoning Commission; B. Vehicle access is limited to one entrance point to be located off Ryan Court and centered between lots 10 and 11 of the residential zone as shown in the concept plan; C. Screening of the parking area to the S3 Standard provided along the front (Ryan Court) and on the side (south) property line to include S3 vegetative screen with the front (Ryan Court) to include a decorative fence (masonry and wrought iron) or minimum 2-3 foot high berm; D. To reduce the hardscape effect of the parking area and entrance facing the residential zone,,,,,pprovide 3- to 5-foot wide landscaped beds (low shrubs or perennial plantings) betw~elv..the walkways and the building or install tree wells within the walkway; E. Developm twill be allowed signs permitted in the CO-1 zone regulation except that monument si are limited to one monument sign at the corner of Camp Cardinal Boulevard and nnedy Parkway, no illuminated signs will be allowed on the east side of the building or a portion of the building facing the parking area. Signage within the front setback along an Court will be limited to directional signage marking the entrance to the parking rea. F. Any street-facing facade reater than 50-fee in width must be broken into modules that give the appearance o 'ndividual unites These modules must meet the following standards: 1. Each module must be no reater th n 40 feet. 2. Each module must be disti uishe from the adjacent module by at least three of the following means: a. Variation in wall plane by cessing a building module from the adjacent building module; b. Variation in material col s, ty es, or textures; c. Variation in building or arapet eight; d. Variation in architect al details s ch as decorative banding, reveals, stone, or the accent ; e. Break or variation n window patter F. A minimum of 30 percent of estreet-facing fad de between 2 and 10 feet in height from the adjacent exterior ade must be compris of windows or doors; G. The building shall be pred minately quality exterior uilding materials, including brick, masonry, stone or tucco. Predominately is dined as at least 75% of the exterior of the entire bu~ ding H. Primary building entri must be distinguished by at lea'~t two of the following means: 1. Canopies or awnin s; 2. Recesses; 3. Raised cornice similar architectural features; 4. Architectural d ails, such as the work and moldings that axe integrated in the building struct re and design; ~~~ I. Final design to a approved by the Director of Planning and Corrl~r~unity Development. 4. The Owner an Applicant, and City acknowledge that the conditions contained herein are reasonabl conditions to impose on the land under Iowa Code §414.5 (2005), and that said co ditions satisfy public needs that ,are caused by the requested zoning change. 5. The Owner and Applicant, and City acknowledge that in the event the subject property ppdadm/agUcza rez08-00010 cardinal Pointe co-1 (2)doc.doc 2 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 nd Applicant acknowledge(s) that nothing in this Conditional Zoning Agreement sh I be construed to relieve the Owner or Applicant from complying with all other applicable cal, state, and federal regulations. 8. The parties agree at this Conditional Zo ing Agreement shall be incorporated by reference into the ord ance rezoning the bject property, and that upon adoption and publication of the ordin ce, this agreem nt shall be recorded in the Johnson County Recorder's Office at the A licant's expe se. Dated this day of OWNER THE CROSSING DEVELOPMENT LC Glenn Siders 20 CITY OF IOWA CITY By Regenia D. Bailey, Mayor Marian K. Karr, City Clerk by: CITY OF IOWA CITY STATE OF IOWA JOHNSON COUNTY KNOWLEDGEMENT: ss: City Attorn~y's Office On this day of A.D. 20 ,before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and ppdadMagt/cza rez08-00010 cardinal Pointe co-1 (2)doc.doc 3 foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~e State of Iowa ppdadMagUcza rez08-00010 cardinal poinle co-1 (2)doc.doc 4 STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz, Associate Planner Item: REZ08-00010 Date: November 20, 2008 GENERAL INFORMATION: Applicant: Southgate Development Services LLC 755 Mormon Trek Blvd Iowa City, IA 52246 (319) 337-4195 Contact Person: Glenn Siders 755 Mormon Trek Blvd Iowa City, IA 52246 Phone: (319) 337-4195 E-mail: gsiders@sgdev.net Owner: The Crossing Development LC Requested Action: Rezone property from ID-C01 to CO-1 Purpose: To allow development of a an office building Location: Southeast corner of intersection of Camp Cardinal Boulevard Road and Kennedy Parkway Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: 1.69 acres I D-CO-1 North: Undeveloped Commercial (Coralville) South: Undeveloped Residential OPD-8 and future park/open space. East: Undeveloped Residential OPD-8 West: Undeveloped ID-ORP Low-density residential, Office and Research Park (Clear Creek Master Plan) Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Clear Creek (NW1) October 28, 2008 December 13, 2008 Sanitary sewer and water lines are available and can be extended from Camp Cardinal Boulevard 2 Public Services: The City will provide police and fire protection. Currently, no transit route serves this area. BACKGROUND INFORMATION: In April 2002, the Planning and Zoning Commission reviewed and endorsed a concept plan- Clear Creek Master Plan-proposed by Southgate Development Services, LLC (previously Southgate Development Company) for the development of an area covering approximately 462 acres of land that is located in both Iowa City and Coralville. In May 2002, the City Council signed a Memorandum of Understanding with the City of Coralville and Southgate Development « ,~ Services, LLC, to agree upon a concept fora conservation-type development including residential and commercial uses in the area. The memorandum also called for the location of nonresidential uses (i.e. commercial, office retail) at major intersections and along higher volume routes. The extension of Camp Cardinal Boulevard is intended to serve as a "primary connection" from Melrose Avenue in Iowa City north to U.S. Highway 6 in Coralville until the Highway 965 extension is constructed. In August 2007, the Commission approved a rezoning of approximately 45.04 acres of land from Interim Development Office Research Park (ID-ORP) zone to Medium Density Single- Family Residential (RS-8) with a Planned Development Overlay zone for approximately 34.58 acres, Interim Development Single-Family Residential (ID-RS) zone for approximately 8.75 acres, and Interim Development Office Commercial (ID-CO1) zone for approximately 1.71 acres. The applicant is now requesting a rezoning of the ID-CO1 property to Commercial office CO-1 to allow development of an office building at the corner of Camp Cardinal Boulevard and Kennedy Parkway. Good Neighbor Policy: The applicant has indicated that they have not used the "Good Neighbor Policy"; the surrounding neighborhood is not developed at this time. ANALYSIS: Current Zoning: The subject property is currently zoned Interim Development-Commercial Office (ID-CO1). The purpose of interim development zones 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. Upon provision of City services, the City or property owner may initiate rezoning to zones consistent with the Comprehensive Plan. The CO-1 designation attached to the interim zone, which was applied as part of the 2007 rezoning, reflects the intended use of the property according to the Comprehensive Plan. At the time of the 2007 rezoning, the applicant had not developed a detailed concept plan for the commercial property. Although low-intensity commercial uses were viewed to be appropriate for this location, the design of the commercial development, including the placement of parking, were seen as critical to achieving compatibility with the neighboring single-family homes on the opposite side of the street. The interim (ID) zoning was agreed to until a detailed plan could be developed and reviewed by the Commission and staff. Proposed Zoning: The Commercial Office Zone (CO-1) provides specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed. Medical offices as well as general office, personal service-oriented uses, community service, and school uses are permitted by right in the CO-1 zone. Other uses such as personal service-oriented retail and indoor recreational or daycare uses are considered provisional uses in the zone. Uses such as eating and drinking establishments and animal-related commercial (e.g. PCD\Slaff ReportsVez08-000 cardinal point office.doc 3 veterinary clinics) and drive-through facilities are allowed only by special exception. Compliance with Comprehensive Plan: Cardinal Point South is located in the Northwest Planning District. The 1997 Comprehensive Plan identifies this area as suitable for office and research facilities and low-density residential development. However, the establishment of Oakdale Campus north of Interstate 80 diminished the potential for additional development of office and research park. The Plan also recognizes the topographical and infrastructural limitations of the area, and therefore, supports development with a mix of uses, such as low-density residential and office commercial uses. The Memorandum of Understanding and Clear Creek Master Plan supplement the Comprehensive Plan policy for this area. The master plan laid out a general development concept with possible street layouts, residential neighborhoods with various densities, and commercial and office development. Camp Cardinal Boulevard will serve as a major north-south arterial street that connects Highway 6 and Melrose Avenue, and Kennedy Parkway as one of the east-west collector streets, extending west to connect to Deer Creek Road. The master plan calls for uses of moderate intensity, such as neighborhood commercial, office, or mixed uses at the intersections of the major streets. Compatibility with neighborhood Because the CO-1 zone is aloes-intensity commercial zone, it can serve as a buffer between residential and more intensive commercial or industrial areas. Because Kennedy Parkway (a collector street) and Camp Cardinal Boulevard (an arterial street) are designed to serve significant traffic, a commercial zone is appropriate for this intersection. Low-intensity commercial uses permitted in the CO-1 zone may buffer the residential neighborhood from the effects of traffic at what will eventually become ahigh-volume intersection. Ordinarily the boundary between commercial and residential zones should occur along rear property lines. In this situation the commercial property fronts on the streets, one of which is along asingle-family frontage. For this reason, staff believes that additional conditions are appropriate to ensure that the commercial development does not negatively affect the single-family character of the future neighborhood. The applicant has submitted a concept plan for a proposed medical office development, a use that is permitted by right in the CO-1 zone. The plan illustrates the proposed location of the office building, entrance drive, parking lot, pedestrian connections, signage, and required landscaping screening (see attached). The concept plan shows the building set close to the intersection of Camp Cardinal Boulevard and Kennedy Parkway, with the parking area and entrance drive located off of Ryan Court (a residential street). A the recommendation of staff, the vehicle entrance is centered between lots 10 and 11 of the adjacent residential zone in order to minimize the amount of direct glare or other impacts associated with vehicle traffic-light will not shine directly into an individual dwelling but rather between properties. Staff recommends that a single access point with the location indicated on the concept plan be a condition of approval. Due to the adjacent residential zone, a 20-foot front setback is required along Ryan Court, and a 10-foot side setback is required along the south property line. In addition, S3 (tall) landscape screening is required between the parking area and Ryan Court and along the south side of the parking area adjacent to residential property. The concept plan shows compliance with these requirements, which are intended to minimize views of the parking area. In order to provide an appropriate sense of separation and screening between the commercial and residential zones, staff recommends that the buffer area include a low, 2-3 foot berm or a decorative fence (masonry and wrought iron). To minimize paving, Staff recommends landscaping (low shrubs or other perennials such as PCD\Staff Reports\rez08-000 cardinal point office.doc 4 decorative grasses) between the sidewalk and the building facade on that portion of the building that faces the parking area (similar to the examples provided by the applicant) or installing tree wells within the walkways. The proposed concept plan shows the recommended tree wells along the walkway. The concept plan shows the dumpster enclosure located away from the residential property, to the south of the proposed clinic building. Staff recommends that the dumpster enclosure be constructed of masonry materials matching the office building. Because the property just to the south is heavily wooded and will be dedicated as public park land no additional screening is required. At this time, the applicant is proposing to develop the site as a Mercy Hospital clinic and has supplied examples of other Mercy clinic buildings in the Iowa City area. In staff's view, the scale and mass of these buildings along with variation in roof lines and building plane, mix of building materials, and ample use of windows make it compatible with the adjacent residential zone. The Camp Cardinal Boulevard and Kennedy Parkway elevations should also demonstrate appropriate articulation and fenestration for this entranceway and highly visible road, such that the develop does not appear to turn its back on the street. The development of the property may be completed in phases with the unit for Mercy Primary Care completed first, and additional CO-1 offices built at some point in the future. The concept plan shows up to three additional lease spaces. Any portion of the parking area that is not screened from Kennedy Parkway or Camp Cardinal Boulevard by a building must comply with the S2 (low) screening standard. Staff believes some limitation on the type and amount of signage on the buildings is relevant to neighborhood compatibility. Illuminated signs are a particular concern (see below). Traffic and Pedestrian Facilities: Though surrounding properties are currently undeveloped, the corner of Camp Cardinal Boulevard and Kennedy Parkway will one day be busy intersection. Because of the amount of traffic at this intersection, the location of the access point to the commercial property should be carefully considered. Access is prohibited along Camp Cardinal Boulevard and, because an access point along Kennedy Parkway would likely create confusion with turn lanes for the intersection with Camp Cardinal, staff and the applicant prefer access from Ryan Court. To minimize the impact on the residential neighborhood and to contain traffic to a small portion of the residential street, staff believes a single access point as shown in the concept plan is appropriate. Centering the drive entrance between lots 10 and 11 will minimize the effects of glare and increase traffic on those residential properties. As stated above, staff recommends that a single access point with the location indicated on the concept plan be a condition of approval The plan provides pedestrian walkways from the adjacent rights of way as required by the zoning code. Staff believes the locations of the access points are appropriate as all entrances will be from the east side of the building. A private pedestrian walkway is provided along the entire east side of the building. Proposed Conditional Zoning Agreement: Given the location of the proposed CO-1 development with its entrance and parking facing a residential zone, staff believes the commercial rezoning should be subject to a Conditional Zoning Agreement (CZA). The CZA should spell out the requirements for development of this property that are addition to the CO-1 zone standards. Staff recommends that the CZA address the following issues based on the need to ensure that the commercial development is compatible with the adjacent residential neighborhood and to document some of the elements shown in the PCD\Staff Reports\rez08-000 cardinal point office.doc 5 applicant's concept plan and sample elevations. In part these conditions are intended minimize conflicts or impacts that might inhibit investment in the residential neighborhood over time. Building design: Buildings should be similar in scale; fenestration; and variation in building materials, roofline, and building plane to examples provided by the applicant, including elevations along Camp Cardinal Boulevard and Kennedy Parkway. Final design to be approved by planning staff. Vehicle access: Vehicle access from Ryan Court will be limited to one entrance drive, centered between lots 10 and 11 in the residential zone as shown in the concept plan. Landscaping and screening of the parking area: To create an appropriate and attractive buffer and separation between the commercial use, which faces its main entrance and parking area toward the residential properties to the east and south, Staff recommends that the required screening areas for the parking lot include decorative fence (masonry or wrought iron) or a 2-3 foot high berm along with the required S3 screening and shade trees shown in the concept plan. Any portion of the parking area that is not screened by the building from Camp Cardinal Boulevard will require the standard S2 screening as specified in the zoning code. To reduce the hardscape effect of the parking area and entrance facing the residential zone, staff recommends a 3- to- 5 foot wide area of landscaping (low shrubs or perennial plantings) between the walkways and the building or installing tree wells within the walkway. Signs: Staff recommends that other than signs permitted on the buildings, that signs be limited to one monument sign at the corner of Camp Cardinal Boulevard and Kennedy Parkway. This would permit fascia, canopy, awning, window, identification and integral signs as well as barber poles, flags, and directional signage. No illuminated signs should be allowed on the east side of the building or any portion of the building facing the parking area. signage within the front setback along Ryan Court should be limited to a directional sign marking the entrance to the parking area. STAFF RECOMMENDATION: Staff recommends that REZ08-00010, an application submitted Southgate Development Services, LLC, for a rezoning from Interim Development Commercial Office (ID-CO1) zone to Commercial Office (CO-1) zone for approximately 1.69 acres of property at the southeast corner of Camp Cardinal Boulevard and Kennedy Parkway, be approved subject to a conditional zoning agreement that includes: • A requirement for substantial compliance with the concept plan as submitted. Substantial compliance is in regard to the location of the building and parking area. Any significant deviation from the concept plan regarding building, parking placement, or screening requires approval by the Planning and Zoning Commission; • Vehicle access is limited to one entrance point to be located off Ryan Court and centered between lots 10 and 11 of the residential zone as shown in the concept plan; • Screening of the parking area to the S3 Standard provided along the front (Ryan Court) and side (south) property line to include S3 vegetative screen in combination with a decorative fence (masonry and wrought iron) or minimum 2-3 foot high berm; • To reduce the hardscape effect of the parking area and entrance facing the residential zone, provide 3- to 5-foot wide landscaped beds (low shrubs or perennial plantings) between the walkways and the building or install tree wells within the walkway; • Other than signs permitted in the CO-1 zone, signs will be limited to one monument sign at the corner of Camp Cardinal Boulevard and Kennedy Parkway. No illuminated signs will be allowed on the east side of the building or any portion of the building facing the parking area. signage within the front setback along Ryan Court will be limited to directional PCD\Staff ReportsVez08-000 cardinal point office.doc 6 signage marking the entrance to the parking area. • Any street-facing facade greater than 50-feet in width must be broken into modules that give the appearance of individual unites. These modules must meet the following standards: a. Each module must be no greater than 40 feet. b. Each module must be distinguished from the adjacent module by at least three of the following means: 1. Variation in wall plane by recessing a building module from the adjacent building module; 2. Variation in material colors, types, or textures; 3. Variation in building or parapet height; 4. Variation in architectural details such as decorative banding, reveals, stone, or the accents; 5. Break or variation in window pattern; • A minimum of 30 percent of the street-facing facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of windows or doors; • The building shall be predominately quality exterior building materials, including brick, masonry, stone or stucco. Predominately is defined as at least 75% of the exterior of the entire building • 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; • Final design to be approved by planning staff. ATTACHMENTS: 1. Location Map 2. Concept plan 3. Photos Approved by: ~~ Robert Miklo, Senior Planner, Department of Planning and Community Development PCD\Staff Reports\rez08-000 cardinal point offica.doc r O z 3 ~ ~ a Z ao ads a o~ b~ ~ !'~ o O O W 'NOp y3 iJ0 NaVI MOOy3w MEADO V / 1 O o 2 Z w Y ~ p _ N ivwa v~ dwv~ ;3~. Li. 0 ~ a 0 U o ,~ Wl8 lVNI0aV0 dWVO ~j V QO ~O ~ ~.1 iy O ~~ O C ~i O QD FBI V O W H Applicants Statement Our request is to rezone this property from Interim Development to regular CO 1 zoning. We have a signed purchase agreement with Mercy of Iowa City for the development of this lot to erect a Family Practice Center on the west side of Iowa City. This rezoning is within the comprehensive plan for Iowa City. Currently there is no district plan for this area. In the past few years Mercy has developed three structures that are similar with the one intended to be erected on this site. These structures are found on the east side of Iowa City, Coralville and West Branch. They consist of pleasant architecture that sets nicely into a residential area. The people of Mercy are sensitive to the environment and its surroundings. Their highest priority is to be a compatible neighbor and a benefit to the people that live in that area. There will be representatives present to answer any questions that might arise during the approval process. :-; ._ _ a ~: _~ ~;; . . w -, u~ , ~~ w r °-_ ~~ ' ' ~ r ~ ~~ ~(~~ U ~'' r~ ~~ U vi W Q W ~' . 0 ~ r l v Q~ Q-i ~ ~ ~ f- a 0 O ~ ~ ~ ~ " _ _ = I"~I ? C3 „~ ~ V Q ~ ~ ' ~1 F+r ~ ~ 2 Q 1 ~ 11 1 ,~ I ~~ ~ I _ paena~no8 ~uuipae~ ouae~ - ---- -- ,__ - _ _ _- ~ J e^° mF~ uW ~ ~, J ~~ - YUI:U Q.. _. r ¢o a~~° ~__ ___ _ _ _ __ __ -_ _ __ - I _ - - ~ ~, ~_-!, ___ _ ~ - -~--_ • ~ .--a U '. S- a ~ J ~ r~~~ i `~ • ~~ I w ~O W Q V \J e~~ y ~ N ,. V ~1 i-~ ~ s. ti V ~~jj W ri // ~ ~ r l v ~~ Q~ a ~ ~ O Q ~- ~ 1~ ~ ~ ~ N = _ ~ O ~ U V7 V S ~{ ~ (''~ ~ cG ~ Q ~l F~ QJ d' ~ r+ /~ ~ ~--I U ~ ~ K 1 ~ 1 v f t ~~: ~ r :~~,~ ,~.; '~ ;,.: ,, ~, ~~ _:; O ~ ~ ~_ n w ~' '--r D ~ ~_~ '-~ '_' D p C~ C jC' -i N ~ ~ ~ ~ \ {,.~y~r if O ~ ~ ~ ~ / '" ~_ `S7 ~ ~"~ Y n D Sy m ~ ~+ . ~_ ~ ~ ~ N n• ~ m ~ ~ ~ ~ ~ N ~ h~ ~ ~ ~ ~ ~' n ~~ ~, ~~ .~\; f ;T ~1 _._:x ~.- :~ ~~. - ~; x D A G C O ~ V ~) ~ ~ n a. ~ W n ~ ~• ~ _ I^J „'j7 ~ ~I C ~ y`1 N 1-+ m o ~~ ~ ~ '~ .~ (~ ~ y N ,^ m ~ ~ ~ ~ n v ry ~ F~-~ v, n ~ ~~' F~-~'~' '~ '--~ ~ , ~ CD ~ (: ~ , !~ r~ M '~ I tj r f t ~ 4 1 ~I V --- ~ ~--- e ~ __ f I,.,: ~. ~~ ~". i ~ ~I !~ ;, . ~~- ~~ '~ ~~n~.Y 127-~ 1 ~.e ~ ~~ r ~ ~~ 1 ~-, ~ Q i ~~~ ~~-~~ ~ `ti ~~ b Y ~, ~. ~fi ~ ~~ . ~ I ~~ ,. I ~~~ - I~ ~ ~~ ~ ~~ r P' I~ ~ i -..._ ~a SITI~ L.~~~iT9~(l~I F~~.~~~ ~~~~'. ~ 3~a~~ fit. E~IJ~Mf~-~~~11{} Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 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 dowritpwn area and prevent large surface parking lots from detracting from the pedestrian-oriented, rr~ainstreet character of the do ntown; and WHEREAS, parking de~iand from residents living downtown is fundamentally different from the parking demand generat~d by businesses in th t the residential demand is for dedicated, long term parking; and L, WHEREAS, large residentia'~development proj cts may put an undue burden on the public parking facilities and on-street rking in neigh orhoods surrounding the downtown if said projects are built without adequat provision of parking to meet the needs of the residents within the building; and WHEREAS, with an increased d and fo residential uses in the downtown area beyond what was originally anticipated when e cu ent Central Business regulations were adopted, and the consequent request for develo m t and redevelopment of buildings that will contain large numbers of residents, provision o dditional parking on-site or in convenient locations adjacent to residences is needed. NOW, THEREFORE, BE IT ORDAI E BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordina ces oft City of Iowa City, Iowa is hereby amended as follows: A. Deleting subsection 14 A-46, Minimu Requirements, and substituting in lieu thereof: B. Minimum Requir ments 1. Table 5A-2 sts the minimum parking requirements and minimum bicycle parking r uirements for the land use ruses on properties in all zones except the CB- and CB-10 Zones. For some land uses, the minimum parking requir ments differ based on the zone i 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. S.. _ ~ r Ordinance No. Page 2 B. Deleting Table 5A-1, and substituting in lieu thereof: T_~.i., en ~. we:..:.,, ... 0~.4~.,.. 1?nn~~irmm~n4e in 4ha CR..S and GB-10 ZOneS I ~av~c ar+-.. n.u.. ......... ... ..... ..~ -... _..._ ..-_ ... ____ _- - -___. - Bicycle USE SUBGROUPS Parking Requirement Parking CATEGORIES Residential Uses Household Multi- CB-5 Efficiency,1-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 dwelling units. CB-10 For buildings built on or before December 31, 08: 1.0 per Zone Bedrooms 1-10: no parking required d.u. All additional bedrooms: 0.5 spaces er bedroom (For purposes of this standard an iciency apartment will be counted as one bedroo Fo buildings built on or after J uary 1, 2009: iciency and 1-bedroo nits: 0.5 space per dwelling u n't 2-b droom unit: 1 s ce per dwelling unit 3-be oom unit: paces per dwelling unit C. Deleting subsection 14-5A-3D, CB 10 ne, and substituting in lieu thereof: D. CB-10 Zone 1.Off-street parking is not re Ired or any Use, except Household Living Uses, as specified in Table 5A- . 2. Private, off-street pa Ing is permitt d only after approval of a special exception, except r Hospitality-Ori ted Retail Uses and Household Living Uses as specifi din the following par graphs. 3. Hospitality- Tented Uses are allowed to 1-1/4 parking spaces for each guest roo and parking spaces equal to 1/3 the occupant load of any meeting or conv ntion facilities without going thro gh the special exception process. Any rking spaces allowed under this ma imum must meet the standards sp ified in subparagraphs 5b. through e., elow. Any parking spaces requested beyond this maximum must be a proved by the Board of Adjustment as a special exception and meet II of the approval criteria listed in paragraph 5, below. 4. Household Living Uses must provide parking cording to the specified requirement in Table 5A-1. The parking must eet 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. 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 ne building must be located no more than one foot above the level of the abutt g sidewalk or pedestrian plaza; and the floor height of the ground level loot of the building must be no more than 3 feet above the level of the ab tting public sidewalk or pedestrian plaza at any point along a street-facing b 'Iding facade. d. Above-ground st ctured parking may be approved only by special exception according to the s ndards in subparagraph e., below. e. Where parking is loc ted within the xterior walls of a building, the following standards apply: (1) The proposed structu , d p king will not detract from or prevent ground floor storefront uses. r tured parking may be permitted on the ground-level floor of a b Iding, provided that a substantial portion of the ground level floor of th b 'Iding is reserved for and built to accommodate storefr nt us s. On the ground level floor of the building, parking is not allow within a first 50 feet of building depth as measured from th front build line. (2) Vehicular acces o parking with buildings must be from a rear alley or private rear Ian , whenever feasi e. Garage openings along the primary street frontag are not permitted if ccess is feasible from another street or from a re r alley, private street or rivate rear lane. If there is no other feasible alt rnative, a garage opening ay be allowed along the primary street fro age, if the Board determine that the opening(s) will not detract f m or unduly interrupt pedestri flow along the street and traffic d pedestrian safety will not be co promised. Garage openings shall b built to the minimum width necess ry for access. (3) Any terior walls of a parking facility that ar visible from a public or priv to street must appear to be a component of the fagade of the bu' ding through the use of building materials, indow openings and facade detailing that is similar or complementa to the design of the building. (4) Each entrance and exit to the parking area must be c structed so that vehicles entering or leaving the parking area are clearly isible to a pedestrian on any abutting sidewalk at a distance of not less than 10 Ordinance No. Page 4 feet. Stop signs and appropriate pedestrian warning signs may be required. D. Deleting subsection 14-2C-1 I., Central Business Zone (CB-10), and substituting in lieu thereof: 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 rder to intensify the density of usable commercial spaces, while increasing the vailability of open spaces, plazas or pedestrianways. This zone is intended to acco modate a wide range of retail, service, office and residential uses. Auto-Oriente uses are not permitted, except as specifically provided. Consolidated off-str et loading and service facilities should be rovided wherever practical with access rovided from public service alleys or urts. Private, off- street parking is strict) egulated in order to preserve val ble land for active building uses and to mai tain apedestrian-oriented str tscape. To support a healthy and vibrant comm rcial core, development o fixed-use buildings with residential uses located ab ve storefront commer 'al uses is encouraged. E. Deleting subsection 14-2C-8F, arking in the CB 0 Zone, and substituting in lieu thereof: F. Parking in the CB-10 Zone Off-street parking is strictly regul to in the CB-10 Zone according to the procedures and standards listed i rticle 14-5A, Off-street Parking and Loading Standards. F. Deleting paragraph 14-5A-4F-1. ff-site arking, and substituting in lieu thereof: Off-Site Parking Off-street parking may located on a se arate lot from the use served according to the foll ing rules. When the roposed off-site parking is located in a Residential Zon or in the CB-10 Zone or tended for a use located in the CB- 10Zone, the and of Adjustment may grant special exception for the proposed parking, pr ded the conditions contained ins bparagraphs a. through g. are met. Wh the proposed off-site parking is loca ed in an Industrial Zone, Rese h Zone, or Commercial Zone, except th CB-10 Zone, the Director of Pla ing and Community Development may appr ve the proposed parking, vided the conditions contained in subparagrap s a. through g. are met. G. ~eleting 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. 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 consu tation with the Director of Transportation Services and the City Manager or desig ee must substantiate that with the addition of the requested number of arking spaces the capacity of the parking facility will not be exceeded. In the CB-1 Zone, said parking requested to meet minimum parking requirements for resid tial uses may only be approved by special exception and only if there is capacity the subject facility for long term p ing and leases have been or will be sec red from the City. Deleting paragraph 14-5A-4F~4, Parking Exemption i e CB-5 Zone, and substituting in lieu thereof: \ 4. Parking Exemption in the C 5 In the CB-5 Zone or CB-10 Zo E specified in Section 14-4B-1 ex dwelling units contained in a bui provided that those dwelling unit program or any other affordable Zone and CB~fO Zone a minor odification may be granted as ~npting to 30 percent of the total number of ing m the minimum parking requirements, a committed to the City's assisted housing using program approved by the City. Deleting 14-4B-1A-3., and su titutin in lieu thereof: 3. In the CB-5 Zone and C -10 Zone, minor modification may be granted exempting up to 30 pe ent of the tots number of dwelling units contained in a building from the mi um parking req irements, provided that those dwelling units are committe to the City's assist housing program or any other affordable housing progra approved by the City. K. Deleting subsection 14-7B-7D, In Lieu Payr~ient, and substituting in lieu thereof: D. In-Li Payment In der that available land in the Near So thside Parking Facility District is tensively used, and that a portion of resi ential parking is combined in a City off- street parking facility or facilities, rather th n scattered throughout the Near Southside Parking Facility District, the City Council finds that the residential parking facility impact fee shall be paid for minimum of 75% of the parking spaces otherwise required according to A icle 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. 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 parkin 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 numbe of parking spaces otherwise require according to Article 14- 5A, Off-street Par 'ng and Loading Standards, for the sidential use; RIF =the per spac residential parking facility impac fee for residential uses; and TRF =the total resi ential parking facility impact f required by this Article. M. Deleting subsection 14- -11A, On-site Parking paces, and substituting in lieu thereof: A. On-site Parking Spaces Notwithstanding provisio of the Zoni Ordinance which may be to the contrary, payment of the residential arking fa lity impact fee shall require the residential fee payor to provide betwe n 15% nd 25% of the parking spaces otherwise required in the CB-5 and C 10 nes; an additional 10% of required parking spaces may be provided on- 't ,however, the fee shall not be reduced. No fewer than 50% of the parking spa otherwise required for residential uses on the site in all other zones within th e r Southside Parking Facility District shall be provided on-site. SECTION II. REPEALER. All of this Ordinance are hereby re a SECTION III. SEVERAB ITY adjudged to be invalid or nconsi Ordinance as a whole or any unconstitutional. nances and~parts of ordinances in conflict with the provisions If any section; provision or part of the Ordinance shall be itutional, such a 'udication shall not affect the validity of the section, provisio or part thereof not adjudged invalid or SECTION IV. FECTIVE DATE. This Ordi approval and pub 'cation. Passed an approved this day of MAYOR shall be in effect after its final passage, 20 Approved by ATTEST: CITY CLERK City Attorney's Office Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 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 str=ategically located structures, in order to serve and support businesses in the downtown area d prevent large surface parking lots from detracting from the pedestrian-oriented, mainstreet c racter of the downtown; and WHEREAS, parking demand from sidents living downtown i fundamentally different from the parking demand generated by busin ses in that the resid ntial demand is for dedicated, long term parking; and WHEREAS, large residential developmen projects may ut an undue burden on the public parking facilities and on-street parking in ner hborhood surrounding the downtown if said projects are built without adequate provision o arkin to meet the needs of the residents within the building; and WHEREAS, with an increased demand for resi tial uses in the downtown area beyond what was originally anticipated when the current C n al Business regulations were adopted, and the consequent request for development and ede lopment of buildings that will contain large numbers of residents, provision of additio al parki g on-site or in convenient locations adjacent to residences is needed. NOW, THEREFORE, BE IT ORDAINED THE CITY UNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances f the City of Iowa Ci ,Iowa is hereby amended as follows: C. Deleting subsection 14-5A-~, Minimum Requirements, a substituting in lieu thereof: B. Minimum Requirements 1. Table SA-2 lists the minimum parking requirements and minimurr~ 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 SA-1, below. 3. In the CB-10 Zone, off-street parking must meet the standards specified in 14-SA-3D. Ordinance No. Page 2 D. Deleting Table 5A-1, and substituting in lieu thereof: mn},lo Sn_~e Min~mi~m Parkins Requirements in the CB-5 and CB-10 Zones USE SUBGROUPS parking Requirement Bicycle Parking CATEGORIES Residential Uses Household Living Multi-family CB-5 Efficiency,1-bedroom, and 2-bedroom units: 1 space per dwelling unit. Uses Dwellings 3-bedroom units: 2 spaces per dwelling unit 1.0 per d.u. Units with more than 3 bedrooms: 3 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units. CB-10 For buildings built on or before December 31, 2008: 1.0 per d.u. Zone Bedrooms 1-10: no parking required 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 E. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: D. CB-10 Zone l .Off-street parking is not required for any U e, except Household Living Uses, as specified in Table SA-1. 2. Private, off-street parking is permitted my after approval of a special exception, except for Hospitality-Oriented Reta~ Uses. and Household Living Uses as specified in the following paragraphs. 3. Hospitality-Oriented Uses are all ed up to 1-t~4 parking spaces for each guest room and parking spaces equal to 1/3 e occupant loa of any meeting or convention facilities without going throu the special excep ~on process. Any parking spaces allowed under this maximu must meet the stands s specified in subparagraphs Sb. through e., below. Any p ing spaces requested be and this maximum must be approved by the Board Adjustment as a special exc ption and meet all of the approval criteria liste in paragraph 5, below. 4. Household Living ses must provide parking according t the specified requirement in Table SA-1. The arking must meet the standards specifie in subparagraphs Sb. through e., belo .Off-site parking proposed for Househol Living Uses may be approved by special exception according to the provisions o 14-SA-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: 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. Ordinance No. Page 3 b. Surface parking is not permitted. 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>,~round structured parking may be approved only by special exception according to the standards in subparagraph e., below. e. Where par~ng is located within the exterior walls of a building, the following standards a~ly: .~ (1) The propos~d structured parking will not detract from or prevent ground floor storefront a s. Structured parking maybe permitted on the ground-level floor of a building, rovided that a substantial portion of the ground level floor of the building is rese ed for and built to accommodate storefront uses. On the ground level floo of the bull ng, parking is not allowed within the first 50 feet of building depth as neasure~i from the front building line. (2) Vehicular access to pa in within buildings must be from a rear alley or private rear lane, whenever feas~ e. Garage openings along the primary street frontage are not permitted if acc s 's feasible from another street or from a rear alley, private street or privat rear ane. If there is no other feasible alternative, a garage opening may e allow d along the primary street frontage, if the Board determines that the pening(s) ill not detract from or unduly interrupt pedestrian flow al ng the street a d traffic and pedestrian safety will not be compromised. G age openings sh 11 be built to the minimum width necessary for access. (3) Any exterior lls of a parking facilit} street must a pear to be a component use of buil ng materials, window ope or comple entary to the design of the are visible from a public or private facade of the building through the and facade detailing that is similar (4) Each en nce and exit to the parking area m st be constructed so that vehicles enterin or leaving the parking area are clean visible to a pedestrian on any abutt~ ~ sidewalk at a distance of not less than 0 feet. Stop signs and ate pedestrian warning signs maybe rf F. Deleting su4~section 14-2C-11., Central Business Zone (CB-10), and substituting in lieu thereof: L 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 Ordinance No. Page 4 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. G. 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-SA, Off-street Parking and Loading Standards. H. Deleting paragraph 14-5A-4F-1., Off-site Parking, and substituting in lieu thereof: 1. Off-Site Parking Off-street parking'may be located on a separate lot from the use served according to the following rules. Whin 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-10 Zone, the Board of Adjustment may grant a special exception for the proposed parking, provided the conditions contained in subparagraphs a. through g. are met. hen the proposed off-site parking is located in an Industrial Zone, Research Zone, or ommercial Zone, except the CB-10 Zone, the Director of Planning and Communi evelopment may approve the proposed parking, provided the conditions contained i subparagraphs a. through g. are met. Deleting subparagraph 14-5A-4y 1 b, b. Location of Off-site P (1) In Residential and Commercial Zones, no off-site parking space may be located more than 300 feet frof ~ an entrance of the use served, except as allowed in subparagraph e, beloy(, 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;~n entrance of the use served. J. Deleting subparagraph~~4-5A-4F-1e., Off-site Parking Located in a Municipally- owned Parking Facility and substituting in lieu hereof: e. Off-Site Parking Lo ted in a Municipally-Owne arking Facility In instances where use is within 600 feet of a Ci owned parking area, up to 50 percent of the required nu ber of parking spaces maybe pro ided in the parking facility. When a use abuts aCity- ed parking area, up to 100 perce t of the required number of parking spaces may be p ovided in the parking facility. In the B-10 Zone, up to 100 percent of the required nu ber of parking spaces maybe provide in a City-owned parking facility regardless oft e distance between the use and the parki g facility. When an applicant requests top vide off-street parking in a City-owned pa king facility, the Director of Planning a Community Development in consultation ith the Director of Transportation Services and the City Manager or designe 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 Ordinance No. Page 5 only if there is capacity in the subject facility for long term parking and leases have been or will be secured from the City. K. 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 maybe 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 program approved by the City. L. Deleting 44-4B-1A-3., and substituting in lieu thereof: 3. In the CBS Zone and CB-10 Zone, a minor modification maybe granted exempting up to 30 percent o~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. M. Deleting subsectior~14-7B-7D, In Lied Payment, and substituting in lieu thereof: D. In-Lieu Payment In order that available lid in used, and that a portion oI facility or facilities, rather District, the City Council for a minimum of 75% of SA, Off-street Parking anc Zones; if fewer than 25°/ increased accordingly d of th ie~iear Southside Parking Facility District is intensively ntial parking is combined in a City off-street parking scattered throughout the Near Southside Parking Facility that the residential parking facility impact fee shall be paid king spaces otherwise required according to Article 14- ii Standards, for residential uses in the CB-5 and CB-10 e re fired spaces are provided on site, the fee shall be if more th 25% of the required spaces are provided on site, the fee shall be 75%. lieu of provide g 50% of the parking spaces otherwise required according to Article 4-SA, Off-street P king and Loading Standards, for residential uses in all other zones o the Near Southside P king Facility District, a fee shall be paid. The City Council furt er finds that this parking acility impact fee is reasonably and rationally related to the in reased off-street parking ne or impact created by said new residential development. N. Deleting subs ction 14-7B-7E, Formula, ands stituting in lieu thereof: E. Formula The tot residential parking facility impact fee requi ed by this Article shall be calculated by m iplying the number of parking spaces otherwis required for residential uses acco ding to Article 14-SA, Off-street Parking and Loa ~ng Standards, by 75% in the CB- 5 d CB-10 Zones and by 50% in all other zones in the ear Southside Parking Facility strict, and multiplying that product by the per space par ~ g facility impact fee amount, s 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 accords g to Article 14-SA, 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. Ordinance No. Page 6 O. 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 op-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 a of this Ordinance are hereby repealed. SECTION III. SEVERABfLITY. If any see adjudged to be invalid or unco~~titutional, s~ Ordinance as a whole or any '~ctioi unconstitutional. SECTION IV. EFFECTIVE DATE. ~ approval and publication. Passed and approved this day MAYOR ATTEST: CITY CLERK P parts of ordinances in conflict with the provisions on, provision or part of the Ordinance shall be h adjudication shall not affect the validity of the vision or part thereof not adjudged invalid or Ordinance shall be in effect after its final passage, 20 Approved by Attorney's Office ., Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 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 istrict has been to publicly provide customer parking in strategically located structures, in order to rve and support businesses in the downtown area and prevent large surface parking lots from de acting from the pedestrian-oriented, mainstreet character of the downtown; and i WHEREAS,., parking demand from residents living downto~n is fundamentally different from the parking demand enerated by businesses in that the resident I demand is for dedicated, long term parking; and WHEREAS, large esidential development projects may p an undue burden on the public parking facilities and on-street rking in neighborhoods surroundin the downtown if said projects are built without adequate provision f parking to meet the needs of th residents within the .building; and WHEREAS, with an incr sed demand for residential es in the downtown area beyond what was originally anticipated when the rrent Central Business r gulations were adopted, and the consequent request for development and re velopment of building that will contain large numbers of residents, provision of additional parking on-sit or in convenient to tions adjacent to residences is needed. NOW, THEREFORE, BE IT ORD INED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of a City of owa City, Iowa is hereby amended as follows: A. Deleting subsection 14-5A-46, Mini um equirements, and substituting in lieu thereof: B. Minimum Requirements 1. Table 5A-2 lists the minimum arkin requirements and minimum bicycle parking requirements for the land us or uses n properties in all zones except the CB-5 and CB-10 Zones. For some la d uses, the inimum parking requirements differ based on the zone in which the pro rty is located. 2. In the CB-5 and CB-10 nes, parking is not re uired for any land use, except for Household Living Use , as specified in Table 5A=4,, below. 3. In the CB-10 Zone, o -street parking must meet the standards specified in 14-5A-3D. R ncla+inn Tahla 5Q-1 and/suhstitutina in lieu thereof: Table 5A-1: Minimum Parkin Re ui menu in the CB-5 and CB-10 Zones USE SUBGROUPS Parking Requirement Bicycle Parking CATEGORIES Residential Uses Household Multi- B-5 and Efficiency,1-bedroom, and 2-bedroom units: 1 space per Living Uses family CB-10 dwelling unit. 1.0 per Dwellings Zones 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 dwelling units. C. Deleting subsection 14-5A-3D, CB-10 Zone, and substituting in lieu thereof: Ordinance No. Page 2 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 app~i'Qval criteria listed in paragraph 5, below. 4. Househ d Living Uses must provide parking according tot a specified requirement in Table 5A- .The proposed parking must meet the stand ds specified in subparagra s 5b. through e., below. Any off-site parki g proposed according to the provisions of -5A-4F, Alternatives to Minimum Parki g Requirements, may only be approved by sp ial exception. Off-site parking in a unicipally owned parking facility may only be appr ed if there. is capacity in the facil~ y for long term parking and leases have been s ured from the City. 5. In addition to the gener special exception appro al criteria specified in Article 14-46, applications for a specia xception for private ff-street parking in the CB-10 Zone must meet the following sp cific approval crit~ria: a. The applicant must demo trate throug ~a parking demand analysis that the number of parking spaces quested oes not exceed the demand for parking for the specific building or proje propo ed and that the parking demand cannot be satisfied through the public pa in system. Short term parking demand is preferred to be satisfied through a public parking system. b. Surface parking is not permitted! `,, c. Underground parking is prefe red over~above-ground structured parking. The design of any undergroun parking mus`t,not detract from or prevent active building uses on the grou d-level floor of~~ie building. To that end, the ceiling height of any undergrou d parking level ma ,not extend more than 1 foot above the level of the adjace t sidewalk. On sloping~~puilding sites and for existing buildings, the City m adjust this requirement.\`,However, on sloping sites at least a portion of the gro d level floor height of any n~nr building must be located no more than one fo above the level of the abutting gJdewalk or pedestrian plaza; and the floor hei t of the ground level floor of the building must be no more than 3 feet above th level of the abutting public sidewalk o1~,,pedestrian plaza at any point along a treet-facing building facade. ~''~, d. Above-gro d structured parking may be approved only if tf~e specific project or building r which the parking is being requested has an FAIL of at least 7, exclud~ g any structured parking in the FAR calculation. e. Wher parking is located within the exterior walls of a building, the following st dards 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. Ordinance No. Page 3 Parking is not allowed within the first 50 feet of lot 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 it is determined that the opening(s) will not detract from or unduly interrupt pedestrian flow along the street. 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 reet must appear to be a component of the facade of the building through th use of building materials, window openings and facade detailing that is sim ar or complementary to the design of the building. (4) Each trance and exit to the parking area must be constructed so that vehicle entering or leaving the parking area are dearly visible to a pedestria on any abutting sidewalk at a distance f not less than 10 feet. Stop signs d appropriate pedestrian warning si ns may be required. D. Deleting subsection 14-2C-11., entral Business Zone (CB-10), a d substituting in lieu thereof: I. Central Business Zone (CB-10) The purpose of the Central Busi ss Zone (CB-10) is to b the high density, compact, pedestrian-oriented shopping, offi ,service and entertai ment area in Iowa City. Development and redevelopment in is zone should oc ur in compact groupings, in order to intensify the density of usable com ercial spaces, ile increasing the availability of open spaces plazas or pedestrianways. This zone is 'ntended to accommodate a wide range of retail, service, office and residen ~al uses. uto-oriented uses are not permitted, except as specifically provided. Consolidat off-s eet loading and service facilities should be provided wherever practical with access p ov' ed from public service alleys or courts. Private, off-street parking is strictly regulated i order to preserve valuable land for active building uses and to maintain apedestrian-or n d streetscape. To support a healthy and vibrant commercial core, development of m' ed-u a buildings with residential uses located above storefront commercial uses is enco raged. ~~~ E. Deleting subsection 14-2C-8F, Parking in F. Parking in the CB-10 Zone Off-street parking is strictly regu standards listed in Article 14-5A F. Deleting paragraph 14-5A-4F-1 ., tl~ CB-10 Zori~, and substituting in lieu thereof: in the CB-10 Zone~~ccording to the procedures and street Parking and Loading Standards. Parking, and substitutiri'g in lieu thereof: Off-Site Parking `` Off-street parking may be I Gated on a separate lot from the use'~erved according to the following rules. When th proposed off-site parking is located in a'~tesidential Zone, the Board of Adjustment m grant a special exception for the proposed~parking, provided the conditions contained i subparagraphs a. through g. are met. When tie proposed off-site parking is located in r intended for a use located in the CB-10 Zone, the proposed parking must meet a conditions contained in subparagraphs a. through~g., below, and the approval crite 'a as specified in 14-5A-3D. When the proposed off-sitA parking is located in an In stria) Zone, Research Zone, or Commercial Zone, other tan the CB-10 Zone, the Dir for of Planning and Community Development may approve tl~te proposed parking, pro ded the conditions contained in subparagraphs a. through g. are met. G. Deleting subparagraph 14-5A-4F-1 e., Off-site Parking Located in a Municipally-owned Parking Facility, and substituting in lieu thereof: Ordinance No. Page 4 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. When an applicant requests to provide off- street parking in a City-owned parking facility, 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. H. Deleting subsec~on 14-76-7D, In Lieu Payment, and substituting in lieu thereof: D. In-Lieu Payme In order that avai ble land in the Near Southside Parking Facility District is intensively used, and that a p ion of residential parking is combined in a City off-street parking facility or facilities, r ther than scattered throughout the Near Southside Parking Facility District, the City Cou it finds that the residential parking facility impact fee shall be paid for a minimum of 75% f the parking spaces otherwise requ~red according to Article 14-5A, Off-street Parking and L ading Standards, for residential u es in the CB-5 and CB-10 Zones; if fewer than 25% f the required spaces are provi ed on site, the fee shall be increased accordingly and more than 25% of the requir d spaces are provided on site, the fee shall be 75%. In lieu f providing 50% of the par ing spaces otherwise required according to Article 14-5A, O street Parking and Loa ing Standards, for residential uses in all other zones of the Near S thside Parking Fac~ ty District, a fee shall be paid. The City Council further finds that this arking facility i act fee is reasonably and rationally related to the increased off-street rking need o impact created by said new residential development. Deleting subsection 14-76-7E, Formula, nd sub ituting in lieu thereof: E. Formula The total residential parking facility impac a required by this Article shall be calculated by multiplying the number of parking spaces erwise required for residential uses according to Article 14-5A, Off-street Parking and oad g Standards, by 75% in the CB-5 and CB-10 Zones and by 50% in all other zones i the Ne r Southside Parking Facility District, and multiplying that product by the per sp ce parkin facility impact fee amount, as expressed in the formula: (RPS x 0.75) RIF= TRF or (RPS 0.5) RIF =TRF, here: RPS =the number of parking s aces otherwise requil~d according to Article 14-5A, Off- street Parking and Loading St ndards, for the residential use; RIF =the per space residen al parking facility impact fee~,:for residential uses; and TRF =the total residential arking facility impact fee required by this Article. Deleting subsection 14-7 11A, On-site Parking Spaces, and substituting in lieu thereof: A. On-site Parking Sp es Notwithstanding pr visions of the Zoning Ordinance which may be o the contrary, payment of the r sidential parking facility impact fee shall require the~,residential fee payor to provide betty en 15% and 25% of the parking spaces otherwise required in the CB-5 and CB-10 Z es; an additional 10% of required parking spaces may b~ provided on-site; however, t 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. Ordinance No. Page 5 SECTION III. REPEALER. All ordinances and parts of_ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section; provision or part of the Ordnance shall be adjudged to be invalid or unconstitutional, such adjudication shall of affect the validity of th Ordinance as a whole or any section, provision or part thereof not adjudged invali or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect aft r its final passage, approval and publication. Passed and approved this day of ~ , 20 MAYOR ATTEST: CITY CLERK by /'~ ~ 1`% City Attorney's ©ffice ~ ~ ~(~~G% `~. City of Iowa City MEMORANDUM ~. Date: December 10, 2008 e To: City Council ~~Lti ', ~ ~ From: Karen Howard, Associate Plann~t~~ RE: Proposed amendments to the parking requirements in the CB-10 Zone -City Council request for revisions At your meeting on November 18, the Council considered recommendations forwarded by the Planning and Zoning Commission to establish minimum parking requirements for residential apartments in the Central Business (CB-10) Zone. After public discussion, the Council requested that the proposed parking requirements be further refined by staff and the Planning and Zoning Commission to address some concerns. In particular, the Council was concerned that the parking requirements as proposed would discourage renovations of existing buildings downtown, if owners wanted to convert vacant or underutilized space on the upper floors to apartments or condominiums. Some also expressed a concern that the parking ratio of one parking space per bedroom for efficiency and one-bedroom apartments was too high for the CB-10 Zone, particularly if we want to encourage development of smaller apartments. In addition, the following important points were raised during the public hearing and Council discussion: The City subsidizes downtown development by providing parking in conveniently located structures, which helps preserve land for stores, offices, and restaurants while maintaining the pedestrian-oriented, main street character of the downtown. While the parking spaces within the municipal facilities are intended primarily for customers and employees of downtown businesses, there is some capacity within the system for long term leases for downtown residents. However, the City's parking system is not designed to provide for and subsidize large-scale residential projects. When the downtown parking system was conceived 30 years ago, large- scale residential projects were not contemplated. ^ Providing adequate parking dedicated for residents is important when trying to attract long term residents to live downtown. While one of the benefits to living downtown may be the ability to reduce reliance on the automobile, many people will still own a car and need a place to park in a place that is convenient to their residence. The absence of a parking requirement for residential uses in the CB-10 Zone, gives student apartment developers a market advantage over developers wanting to build apartments and condominiums for long term residents. For students the lack of a parking space is a temporary inconvenience, whereas for those contemplating living downtown on a permanent basis, the lack of a dedicated parking space may cause them to search elsewhere for a residence. ^ There was general agreement on the Council that for new, large-scale residential projects providing some dedicated parking on-site for residents is necessary to prevent spillover parking in surrounding neighborhoods, to reduce pressure on the December 10, 2008 Page 2 public parking system, and to level the playing field for developers wanting to build apartments and condominiums for long term residents downtown. Planning and Zoning Commission recommendation: To address the goals and concerns stated above, the Planning and Zoning Commission recommends: ^ Reducing the recommended requirement for efficiency and one-bedroom apartments from one parking space per apartment to 0.5 parking spaces per apartment. ^ Eliminating the parking requirement for the first ten bedrooms in existing buildings. This change will allow owners of existing buildings to convert vacant or underutilized space on the upper floors to apartments or condominiums without having to provide parking. Allowing developers to apply for a special exception to provide 100% of the required parking spaces within municipal parking structures, regardless of how far the parking facility is from the apartment building, if spaces are available for long term parking. There was much discussion between Commission members about the long term implications of allowing a significant amount of residential parking in city parking facilities. A number of commissioners expressed concern about the implications that this policy would have for the availability of parking for downtown businesses. There was general agreement that continuing to allow parking for residential uses within city parking facilities would require a commitment on the part of the City to expand the parking system in the Central Business District as the downtown grows. Easing the current restriction on above-ground structured parking. Currently, above- ground structured parking is only allowed if a development has a floor area ratio (FAR) of at least 7. There are currently no buildings in the downtown that have achieved an FAR of 7, so the current standard, in effect, prevents private developers from putting any parking in above-ground parking structures. Since the City already has standards in place to ensure that any above ground structure is designed in a manner that preserves space on the ground level for businesses and maintains a pedestrian-oriented streetscape, this change was viewed as a means to allow more flexibility for private developers to provide more parking on site. The proposed changes to the zoning ordinance are attached. Underlined text is new language and text shown with strikethrough notation is proposed for deletion. Cc: Michael Lombardo, City Manager Jeff Davidson, Director of Planning and Community Development Bob Miklo, Senior Planner Amend 14-5A-48, Minimum Requirements, as follows: 14-5A-4 Minimum Parking Requirements A. Purpose The minimum parking requirements are intended to ensure that enough off-street parking is provided to accommodate most of the demand for parking generated by the range of uses that might locate at a site over time, particularly in areas where sufficient on-street parking is not available. The minimum parking requirements are also intended to ensure that enough parking is provided on a site to prevent parking for non-residential uses from encroaching into adjacent residential neighborhoods. 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 ~4t~i-Far~-ily Household Livina 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. Amend Table SA-1, as fol%ws: Table 5A-1: Minimum Parkin Re uirements in the CB-5 and CB-1'D Zones Bicycle. USE SUBGROUPS Parkin Re uirement 9 4 Parking CATEGORIES Residential Uses Household Living Multi-family CB-5 Efficiency,1-bedroom, and 2-bedroom units: 1 space per dwelling unit. Uses Dwellings 3-bedroom units: 2 spaces per dwelling unit 1.0 per Units with more than 3 bedrooms: 3 spaces per dwelling unit d.u. Elder Apartments: 1 space for every 2 dwelling 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 Amend 14-SA-3D, Maximum Parking Allowed, as fol%ws: I14-5A-3 Maximum Parking Allowed 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 Livina 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 subpar~raphs 5b through a below Off-site ~arkingproposed 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: 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 astreet-facing building facade. d. Above-ground structured parking may be approved only by special exception according to the standards in subparaaranh e., below. i€-t~-e ~iee. 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 let buildin 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 facade 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 feet. Stop signs and appropriate pedestrian warning signs may be required. Amend 14-2C-11., as follows: A. 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- streetparking is stricter regulated in order to preserve valuable land for active buildir~ uses and to maintain a_._pedestrian-oriented streetscape. T~ " ~~}""'"'' ~"'} e~Ieata-ar-d To sport a healthy and vibrant commercial core, development of mixed use buildings with residential uses ~evelep~ent located above ~e-gree+~ €lee~storefront commercial uses ~~~e is encouraged. as-a-prev~isie~al-t+se. Amend 14-2C-8F, Parking in the CB-10 Zone, as follows: 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. Amend 14-5A-4F., Alternatives to Minimum Parking Requirements, as follows: F. Alternatives to Minimum Parking Requirements 1. 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-10 Zone, 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. a. Special Location Plan A special location plan must be submitted with the application for off-site parking. The location plan must include a map indicating the proposed location of the off-site parking, the location of the use or uses served by the parking, and the distance and proposed walking route between the parking and the use(s) served. The map must be drawn to scale and include property boundaries, including boundaries of any intervening properties. In addition, documentation must be submitted providing evidence deemed necessary to comply with the requirements herein. b. Location of Off-site Parking (i) 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 a below forparking in a municipally-owned parkins 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. c. Zoning Off-site parking spaces must be located in the same zone as the principal use(s) served, or alternatively, off-street parking may be provided on a separate lot within the parameters of the following pairings: (1) Parking in aMulti-Family Zone serving a use located in a different Multi-Family Zone or in the MU Zone or vice versa. (2) Parking in a Commercial Zone serving a use located in a different Commercial zone. (3) Parking in an Industrial Zone serving a use located in a different Industrial Zone. (4) Parking in a Commercial Zone serving a use located in an Industrial Zone or vice versa. d. Shared Use of Off-Site Parking Where two or more uses will jointly use the proposed off-site parking, the number of parking spaces shall equal the sum total of off-street parking spaces required, as indicated in Tables 5A-1 and 5A-2, except for reductions approved under the provisions of paragraph 2, below, Allowed Reductions for Shared Parking. 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 o~arking spaces may be provided in a City- owned parkir~ 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 reauested to meet minimum parkina requirements for residential uses may only be approved by special exception and onl~if there is c~acity in the subject facility for lon4 term parking and leases have been or will be secured from the City. f. Approval Criteria In assessing a special location plan for off-site parking, the Board of Adjustment or Director of Planning and Community Development, as applicable, will consider the desirability of the location of off-street parking and stacking spaces on a lot separate from the use served in terms of pedestrian and vehicular traffic safety; any detrimental effects on adjacent properly; the appearance of the streetscape as a consequence of the off-street parking; and in the case of non-required parking, the need for additional off-street parking. g. Covenant for Off-Site Parking A written agreement between the owners of the parking and the owners of the property for which the parking will serve must be submitted with the application for off-site parking. The agreement must assure the retention of the parking and stacking spaces, aisles and drives and be properly executed, binding upon their successors and assigns, and must be recorded as a covenant running with the land. The agreement must provide that it cannot be released, and its terms and conditions cannot be modified in any manner whatsoever, without prior written consent and approval from the City. The written agreement must be reviewed and approved by the City Attorney. 2. Allowed Reductions for Shared Parking The Building Official in consultation with the Director of Planning and Community Development may approve a minor modification as specified in Section 14-4B-1 to reduce the total number of parking spaces required by up to 50 percent, if the uses sharing the parking are not normally open, used, or operated during the same hours. However, this reduction is not allowed for Residential Uses. To qualify for a reduction under this provision, a parking demand analysis must be submitted that provides evidence that the amount of parking proposed for the shared parking area will be sufficient to meet the parking demand. 3. Landbanked Parking in the CN-1 Zone The Director of Planning and Community Development may reduce the minimum parking requirements in the CN-1 Zone as follows, if it is determined that the proposed reduction will further the intent of the CN-1 zone. To accommodate future changes in land use, changes in ownership, and shifts in shared parking demand, up to 30 percent of the land area that would otherwise be needed to provide the required amount of parking may be landbanked or set aside on the site to provide for the future construction of a parking area. If an enforcement official of the City determines at some point in the future that additional parking spaces are needed, the property owner will be required to construct parking on the landbanked area. A written agreement between the property owner and the City must be properly executed and recorded as a covenant running with the land and binding upon all successors and assigns, assuring the installation of parking within the landbanked area by the owner if so ordered by the enforcement ofFcial. 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. 5. Parking Reduction for Other Unique Circumstances Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to 50 percent (up to 100 percent for properties designated as a local historic landmark or listed on the National Register of Historic Places). In 14-4B-1, Minor Modifications, amend subsection A, paragraph 3.,as follows: 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. Amend 14-78-7D and 7E as follows: 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 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. 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. Amend 14-78-11A., as follows: 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. sd Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 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-46, 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. Page 2 B. Deleting Table 5A-1, and substituting in lieu thereof: Table 5A-1: Minimum Parkin Re uirements inthe CB-5 Arad CB-10 Zones USE SUBGROUPS Parking Requiremenf Bicycle Parking, CATEGORIES Residential Uses Household Multi- CB-5 Efficiency,1-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 dwelling 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 14-46, applications for a special exception for private off-street parking in the CB-10 Zone must meet the following specific approval criteria: Ordinance No. 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 wilt 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 facade 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. 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. Page 5 H. Deleting subparagraph 14-5A-4F-1 e., 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. I. 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. J. 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. 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 14-76-7E, 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 14-76-11A, 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 day of , 20 MAYOR Approved by ATTEST: CITY CLERK ,.~ ~ ~~~ ity Attorney's Office ~~ /~~~ ~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn 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 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. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 08-4323 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TO AMEND THE DEFINITION OF "HOUSEHOLD" TO REDUCE THE NUMBER OF UNRELATED PERSONS ALLOWED TO RESIDE IN ONE DWELLING UNIT FROM FIVE(5) UNRELATED PERSONS TO THREE (3) UNRELATED PERSONS IN THE COMMUNITY COMMERCIAL (CC-2), CENTRAL BUSINESS SERVICE (CB-2), CENTRAL BUSINESS SUPPORT (CB-5) AND CENTRAL BUSINESS (CB-10) ZONES WHEREAS, the Central Business District and associated zoning districts 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 Community Commercial Zone is intended to provide for major business districts to provide a variety of retail goods and services for a significant segment of the total community population; and WHEREAS, the location of the University campus in close proximity to the downtown in combination with the current occupancy standards for residential uses create an incentive to develop or redevelop property in a manner intended primarily for residential apartments for short term residents, primarily university undergraduate students, with less emphasis on providing quality commercial space or residential dwellings for long term residents; and WHEREAS, there is a desire to maintain and support a market for a wide variety of businesses and residents in the downtown to ensure the long term economic health of the downtown; and WHEREAS, it is common practice to control maximum occupancy within residential dwellings to prevent overcrowding, to control parking and traffic congestion, and to maintain a certain character within an area; and 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. Amending Article 14-9A, General Definitions, by deleting the definition of "Household" and substituting in lieu thereof the following definition: HOUSEHOLD: In the ID, RR-1, RS Zones, RNS-12, RM-12, MU, CN-1, CC-2, CB-2, CB-5, and CB-10 Zones a Household is defined as: • One person; or • 2 or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 1 unrelated person, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 3 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RNS-20, CO-1, and RM-20 Zones a Household is defined as: • One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service agency plus up to 2 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 4 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. In the RM-44 and PRM Zones a Household is defined as: Ordinance No. 08-432' Page 2 One person; or • Two or more persons related by blood, marriage, adoption or placement by a governmental or social service .agency plus up to 3 unrelated persons, occupying a dwelling unit as a single housekeeping organization; or • a group of not more than 5 persons unrelated by blood, marriage, or adoption, occupying a dwelling unit as a single housekeeping organization; or • A group of persons that meet the definition of a Group Household, as defined in this Title. B. Deleting subsection 14-4E-9C, and substituting in lieu thereof: C. The maximum occupancy, as determined by the Building Official based on the applicable regulations effective November 3, 2008, will be applied to: 1) any development activity associated with establishing or constructing a residential use for which a valid permit was issued, if substantial part of the permitted development activity has begun on or prior to November 3, 2008; or, 2) any residential use for which a valid rental permit was issued prior to December 24, 2008, the effective date of the current maximum occupancy regulations. For such uses, legal nonconforming rights will beranted for this maximum occupancy. SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 16th day of December , 20 08 __ Approved by ~~ ATTEST: 9 . CITY ERK City Attorney's Office t ~ g ~8 Ordinance No. 08-4323 Page 2 • One person; or • wo or more persons related by blood, marriage, adoption or placement by a g vernmental or social service agency plus up to 3 unrelated persons, occyapying a dw ling unit as a single housekeeping organization; or • a gro of not more than 5 persons unrelated by blood, marriage, or doption, occupyi a dwelling unit as a single housekeeping organization; o i • A group o ersons that meet the definition of a Group Househ~(d, as defined in this Title. B. Deleting subsection 1~-4E-9C, and substituting in lieu C. The maximum occu ncy, as determined by the Buildin Official based on the applicable regulations effective ovember 3, 2008, will be applie to: 1) any development activity associated with stablishing or constructing residential use for which a valid permit was issued, if su tantial part of the permit d development activity has begun on or prior to November 3, 200 ~ or, 2) any residential se for which a valid rental permit was issued prior to (insert effec Ye date of this ordi ance), the effective date of the current maximum occupancy regula 'ons. For such es, legal nonconforming rights will be granted for this maximum oc pancy. SECTION III. REPEALER. All ordinances ai~~ Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, invalid or unconstitutional, such adjudication shall section, provision or part thereof not adjudged inv SECTION V. EFFECTIVE DATE. This Or ' publication. Passed and approved this 16th day of Dec of ordinances in conflict with the provisions of this ~ision or part of the Ordinance shall be adjudged to be affect the validity of the Ordinance as a whole or any unconstitutional. slyall be in effect after its final passage, approval and 20~_. ApproJed by ATTEST: CITY Lc? cu" 1 City Attorney' Office ~ ~ ~~ ~. ~~; ~Y, Ordinance No. 08-4323 Page 3 _ It was moved by Wright and seconded by orreia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek O'Donnell x Wilburn x Wright First Consideration 11 / 18 / 2008 Vote for passage: AYES: Hayek, Wright, Bailey, Correia. NAYS: Champion, O'Donnell. ABSENT: Wilburn. Second Consideration 12 / 2 / 2008 Vote for passage: AYES: Champion, Correia, Hayek, Wilburn, Wright, Bailey. NAYS: O'Donnell. ABSENT: None. Date published 12/24/2008