HomeMy WebLinkAbout2021-09-07 OrdinanceItem Number: 9.a.
S eptember 7, 2021
O rd inan ce amen d ing Titl e 14, Z onin g Cod e to al l ow sel f-service storage uses
b y special excep tion in C C-2 zonin g districts. (R E Z 21-0007)
AT TAC HM E NT S :
Description
P Z Staff Report 08-05-21
Alter, Megan Correspondence, 08-05-2021
P&Z Minutes 8-5-21
Ordinance
Date: August 5, 2021
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ21-0007) to allow self-service storage uses in
Community Commercial (CC-2) zones by special exception
Introduction
SouthGate Companies has requested a text amendment to Title 14 Zoning to allow indoor self -
service storage uses in Community Commercial (CC-2) zones (REZ21-0007). While the proposed
amendment would affect all CC-2 zones, the applicant is requesting the amendment to facilitate
occupancy of the former Slumberland site at 947 Highway 6 East with an indoor self -service
storage use and a wrap of small retail storefronts. Concepts for this are included in the applicant’s
application materials (Attachment 4). Due to the changing retail landscape and structure of the
proposed project, staff supports a text amendment.
Staff developed the proposed amendment (Attachment 1) to allow self-service storage uses in
CC-2 zones by special exception. The special exception approval criteria incorporated into the
amendment ensure that any such use continues to meet the intent of the CC-2 zone by requiring
self-service storage be able to accommodate other allowable commercial uses along the front
façade and by applying enhanced design standards.
Background
Table 2C-1 in the Zoning Code lists whether a land use is permitted, provisionally allowed, or
allowed by special exception in each commercial zone. Provisional uses are allowed if they meet
specified requirements. Uses allowed by special exception require approval from the Board of
Adjustment and must meet both general and specific approval criteria.
The Zoning Code classifies self-service storage uses as an industrial land use characterized by
separate storage areas for individuals or businesses which are designed to allow private access
for storing personal property by tenants. They are distinct from warehouse and freight movement
uses where employees are the primary movers of goods to be stored or transferred and where
there are no individual storage areas. Accessory uses may include security and leasing offices.
However, if storage areas are utilized for other uses, such as a business, that is considered a
separate primary use.
Self-service storage uses are currently allowed only in Intensive Commercial (CI-1), General
Industrial (I-1), and Heavy Industrial (I-2) zones. These uses have been characterized historically
by individual garage doors facing exterior corridors which are only appropriate in zones intended
to accommodate more land-intensive commercial operations or uses with significant amounts of
outdoor storage. However, a recent trend towards indoor, climate-controlled self-service storage
uses produces a different facility that does not create the same sorts of negative externalities.
The purpose of the CC-2 zone is to provide for major business districts to serve a significant
segment of the total community population. In addition to a variety of retail goods and services,
these centers may feature large traffic generators requiring access from major thoroughfares.
They are usually characterized by indoor operations. CC-2 zones allow a number of land uses,
including residential, commercial, institutional/civic, and limited industrial uses including small
scale manufacturing and some accessory warehousing uses.
August 5, 2021
Page 2
Staff finds that indoor self-service storage uses are an appropriate addition to Community
Commercial (CC-2) zones. However, they require carefully constructed standards and a level of
scrutiny to ensure that they continue to meet the intent of zone and do not produce similar
negative externalities associated with other, outdoor-oriented self-service storage uses.
Proposed Amendment: Self-Service Storage Uses in CC-2 Zones
The proposed amendment allows self-service storage as a special exception to provide a higher
level of scrutiny than for permitted and provisional uses. Special exceptions are specifically listed
circumstances in the code which are heard by the five-member Board of Adjustment. The Board
may only approve the use where they find that all specific and general approval criteria area met.
Because they are a quasi-judicial body, an appeal of their decision goes through the district court.
Approval Criteria
To be approved under the proposed amendment, the Board of Adjustment must find that each
requested exception meets the following general approval criteria set forth in 14-4B-3A:
1) The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2) The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
3) Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district
in which such property is located.
4) Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
5) Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
6) Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
7) The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
In addition, staff proposes the following specific approval criteria to maintain a variety of goods
and services in the CC-2 zone, to ensure high quality, active building façades, and to minimize
any potential negative visual impacts:
1) All self-service storage units or areas shall be completely within conditioned space, and
no outdoor storage is allowed in conjunction with self-service storage uses.
2) Self-service storage units shall not be individually accessed from the outside, and no more
than 2 garage or overhead doors shall provide access into the building. Said doors shall
only be provided at the rear of the building.
3) A substantial portion of the front building façade must accommodate other allowable
commercial uses. Self-service storage uses are not allowed within the first 30' of the front
building depth as measured from the roof overhang, except for the primary entrance to the
storage area(s) which are not to exceed 30% of the building width. This area may consist
of a hallway, lobby, and/or retail storefront, but not individual self-service storage units.
4) Buildings containing self-service storage uses shall be considered a large retail use as it
relates to the site development standards at 14-2C-6K. These requirements incorporate
design standards regulating wall modulation, visual interest, building and roof details,
building materials, and entryways. The intent of these standards is to facilitate adaptive
reuse of large commercial structures, to moderate the scale of large buildings, and to
ensure consistent appearance with other shopping center developments
August 5, 2021
Page 3
Analysis
The retail landscape has changed significantly in recent years with the closure of many large
national brick-and-mortar retailers and the continued expansion of e-commerce. Businesses that
remain often adapt by reducing retail footprints, focusing on experiential retail, and co-locating
with other uses that are not traditionally associated with retail areas. Unfortunately, these trends
have negatively impacted the demand for large retail spaces, including vacant big box stores. If
these spaces remain vacant for long periods of time, this leaves behind empty storefronts and
can lead to deferred maintenance, depressed property values, and ultimately blight. Finding
alternative uses for such spaces is beneficial, especially if paired with opportunities to support
other small businesses that can struggle to find high-quality space.
Many commercial areas across Iowa City could be affected by the proposed amendment. Figure
1 shows the location of CC-2 zones throughout the city. Most are along major corridors, including
Highway 6 (such as Pepperwood Plaza and S. Riverside Drive), Highway 1 (such as the US-218
interchange and N. Dodge Street), and other defined commercial nodes (such as Towncrest, the
Iowa City Marketplace, Olde Town Village, Walden Square, and portions of the Riverfront
Crossings District). While some of these areas may be appropriate for indoor self-service storage
uses, many are not.
Figure 1. Map of Community Commercial (CC-2) Zones
The proposed amendment relies on the general and specific approval criteria to ensure that self-
service storage uses are a good fit for a particular site. For that reason, specific criteria focus on
encouraging an active, pedestrian-friendly front façade which is appropriate in commercial
contexts, and on requiring the frontage to accommodate other commercial uses. In the case of
SouthGate Companies’s proposed reuse of the Slumberland site, they have indicated they will
provide a few small retail storefronts along the front f açade to accommodate local entrepreneurs
in collaboration with the South District Neighborhood Association. The general criteria further
ensure a use is a good fit by requiring consideration of impacts on surrounding properties and
consistency with the City’s Comprehensive and District Plans. This may, for example, help
prevent CC-2 zones in the Riverfront Crossings District or Towncrest from being redeveloped with
self-service storage uses, even where allowed by special exception. However, it is also possible
for new self-service storage uses to be developed along in new commercial areas.
August 5, 2021
Page 4
Comparable Communities
Other large communities in Iowa allow some self-service storage uses in a wider variety of zones,
and several distinguish between enclosed and exterior self-storage uses with enclosed uses
being permitted in a wider variety of zoning districts. Generally, self -service storage uses are
required to abide by additional standards in lower intensity zones, including review by the Board
of Adjustment in some cases. Figure 2 summarizes how Des Moines, Cedar Rapids, and
Davenport regulate self-service storage uses. Full standards can be found in Attachment 3.
Figure 2. Regulation of Self-Service Storage Uses in Other Communities
Des Moines
Self-service storage is allowed by right in 2 Downtown zones, 2 mixed use zones, and 2
industrial zones. It is also allowed with conditional use approval by the Board of Adjustment in
two additional mixed use zones which are for moderate intensity mixed use nodes and corridors.
Applicable
Conditions:
1. The self-storage use shall be permitted only within the interior of converted
pre-existing buildings or the interior of building types allowed in the applicable
zoning district, in accordance with chapter 135 of this code.
2. No external storage or additional buildings shall be permitted as part of the
self-storage use.
3. The landscape regulations of chapter 135 of this code shall be required of any
self-storage use of property, whether associated with a pre-existing building
or an allowed building type
Cedar Rapids
Self-service storage is allowed by right in 2 industrial districts and is allowed subject to use-
specific standards in all mixed use districts (T-xx, S-xx) and several urban districts (U-xx).
Applicable
Conditions:
U-xx and T-xx District Standards:
1. Individual storage units or areas shall be located completely within an
enclosed structure and shall not be individually accessed from the outside.
2. No more than 2 garage or overhead doors providing access to the individual
storage areas shall be permitted. The intent is to permit a secure interior area
for the loading and unloading of material to be stored.
3. Individual structures shall not exceed 250 feet on any side.
S-xx District Standards:
1. Exterior doors serving individual units shall not be oriented towards a public
right of way unless located behind other structures.
2. Individual units accessed from outdoors shall be located at least 100 feet from
a front or street set property line.
3. No self-service storage facility shall exceed 3 acres in size.
Davenport
Self-service storage distinguishes between enclosed and outdoor self-storage facilities.
Enclosed facilities are allowed by special exception in the C-2 Corridor Commercial zone and
permitted by right in 3 commercial and 3 industrial zones. Outdoor self-storage facilities are
allowed by special exception in the C-3 zone and are otherwise only allowed in industrial zones.
Applicable
Conditions:
Enclosed self-service storage uses are subject to the following standards:
1. All self-storage activities must be contained within a single building and
conducted exclusively indoors. Individual storage units may be accessed from
inside the building only.
2. All facilities must meet the design standards of the district.
3. No storage units located on the first floor may be located within the first 25
feet of the front facade. No storage units located on the first floor may be
visible from any public right-of-way.
4. Access to loading areas must be located to the interior or rear of the building.
August 5, 2021
Page 5
Consistency with Comprehensive Plan
The proposed amendment supports several related goals and strategies from the City’s
Comprehensive Plan:
• Increase and diversify the property tax base by encouraging the retention and expansion of
existing businesses and attracting businesses that have growth potential and are compatible
with Iowa City’s economy.
• Encourage a healthy mix of independent, locally-owned businesses and national businesses.
By allowing self-service storage uses in CC-2 zones that are completely within a building, and by
requiring that a substantial portion of the front building façade must accommodate other allowable
commercial uses, the proposed amendment efficiently promotes economic activity while
supporting an active and attractive front façade. The applicant has noted a high unmet demand
for Class A storage, and the use can drive traffic to the site which can support other nearby
businesses. Self-service storage uses also serve nearby residential users by providing storage
space for those living in or moving to smaller dwelling units.
The City of Iowa City’s 2020-2021 Strategic Plan includes a goal to promote an inclusive and
resilient economy throughout the City. To reach that goal, the City is seeking to invigorate
neighborhood commercial districts and create new neighborhood commercial nodes which
encourage healthy, diverse, and sustainable economic activity. By allowing more flexible uses in
the CC-2 zone, it can increase the resiliency of existing commercial areas and improve the
economic viability of these nodes. In addition, it allows a new use which can be adapted to reuse
vacant big box commercial buildings.
Next Steps
Pending recommendation of approval from the Planning and Zoning Commission, the City Council
must hold a public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends that the zoning code be amended as illustrated in Attachment 1 to allow self-
service storage uses in Community Commercial (CC-2) zones by special exception, subject to
specific approval criteria that mitigate potential negative impacts.
Attachments
1. Proposed Zoning Code Text Amendments
2. Map of Potentially Eligible Sites for the Commercial Reuse Exception
3. Self-Service Storage Use Standards: Des Moines, Cedar Rapids, and Davenport
4. Application Materials
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike-through notation indicates language to be
deleted.
Amend 14-2C-2 as follows:
Table 2C-1: Principal Uses Allowed in Commercial Zones
Amend 14-4B-4C as follows:
10. Self-Service Storage in CC-2 Zones
a. All self-service storage units or areas shall be completely within conditioned
space, as defined in the Building Code. No outdoor storage is allowed in
conjunction with self-service storage uses.
b. Self-service storage units shall not be individually accessed from the outside, and
no more than 2 garage or overhead doors shall provide access into the building.
Said doors shall only be provided at the rear of the building.
c. A substantial portion of the front building façade must accommodate other
allowable commercial uses. Self-service storage uses are not allowed within the
first thirty feet (30') of the front building depth as measured from the overhang of
the roof, except for the primary entrance to the self-service storage areas, not to
exceed thirty percent (30%) of the width of the building, which may consist of a
hallway, lobby, and/or retail storefront. Individual self-service storage units shall
not be allowed within this entrance area.
d. Buildings containing self-service storage uses shall be considered a large retail
use as it relates to the site development standards at 14-2C-6K.
Use Categories Subgroups CC-2
Industrial uses:
Industrial service uses
Manufacturing and production uses General manufacturing PR
Heavy manufacturing
Technical/light manufacturing PR
Salvage operations
Self-service storage uses S
Warehouse and freight movement uses
Waste related uses
Wholesale sales uses PR
Johnson
The information presentedherein is intended to be anaccurate representation ofexisting records. JohnsonCounty assumes no liabilityfor errors or omissions. Users relying on this information do so at theirown risk.
.0 0.5 10.25
mi
1 inch = 2,344 feet
Johnson County GIS Web Printin g
Map of Potentially Eligible Sites for the Commercial Reuse Exception
Printed: 7/19/2021
Attachment 3
Page 1
Regulation of Self-Service Storage Uses in Other Communities
City Where Allowed Use-Specific Standards/Conditions
Des
Moines
Code:
134-3.1
(Table 134-3.1-1)
Permitted By Right:
DX2, DXR, CX, EX,
I1, I2
Conditional Use:
MX2, MX3
Conditional use
requires BOA approval
Code:
134-3.5.16
Self-service storage uses are subject to the following in MX2 and MX3 districts:
1. The self-storage use shall be permitted only within the interior of converted pre-existing buildings or
the interior of building types allowed in the applicable zoning district, in accordance with chapter 135
of this code.
2. No external storage or additional buildings shall be permitted as part of the self-storage use.
3. The landscape regulations of chapter 135 of this code shall be required of any self-storage use of
property, whether associated with a pre-existing building or an allowed building type
Cedar
Rapids
Code:
32.03.02
Permitted By Right:
I-LI, I-GI
Provisional Use:
T-ML, T-MC, S-MS,
S-MR,T-IM, U-DC,
UG-DG, U-NG, U-VG,
U-NT, U-VT
Provisional use
requires staff review
Code:
32.03.03.D4b
(i) No business activity other than rental of storage units shall be conducted within a Self -Service
Storage unit.
(ii) All facade elevations for Self-Service Storage Facilities shall comply with the design requirements
for the district. Design exceptions solely to accommodate the development of Self -Service Storage
are expressly discouraged.
(iii) Screening of individual self-storage units, unit doors, loading areas or other service areas shall be
provided from a public right-of-way and any adjacent non-industrial districts.
(iv) Security fencing or gates shall be located behind any required landscaping area. Use of chain-link
fencing, barbed wire, razor wire, or other such materials are prohibited
(v) Security gates shall be located so that two vehicles awaiting entry do not stack into the public right
of way or any pedestrian path. This may be reduced to one vehicle for facilities with fewer than 25
units or where security gates are only locked outside of normal business hours.
(vi) U-xx and T-xx District Standards:
(A) Individual storage units or areas shall be located completely within an enclosed structure and
shall not be individually accessed from the outside.
(B) No more than 2 garage or overhead doors providing access to the individual storage areas shall
be permitted. The intent is to permit a secure interior area for the loading and unloading of
material to be stored.
(C) Individual structures shall not exceed 250 feet on any side.
Attachment 3
Page 2
(vii) S-xx District Standards
(A) Exterior doors serving individual units shall not be oriented towards a public right of way unless
located behind other structures.
(B) Individual units accessed from outdoors shall be located at least 100 feet from a front or street
set property line.
(C) No self-service storage facility shall exceed 3 acres in size.
Davenport Code:
17.08.020A
(Table 17.08-1)
Enclosed self-storage
facilities
Permitted By Right:
C-3, C-OP, C-E, I-1, I-
2, I-MU
Special Exception:
C-2
Outdoor self-storage
facilities
Permitted by Right:
I-1, I-2
Special Exception:
C-3. I-MU
Code:
17.08.030Z
1. Storage units cannot be used for residential occupancy or business.
2. No plumbing connections are permitted in self-storage units.
3. Storing hazardous or toxic materials is prohibited.
4. For self-storage facilities that include both indoor and outdoor facilities, both types of uses must be
allowed in the district.
5. In the C-3 District, self-storage facilities are only subject to the district design standards when located
within 100 feet of a public right-of-way, excluding alleys.
6. The following additional standards apply to indoor self-storage facilities:
a. All self-storage activities must be contained within a single building and conducted exclusively
indoors. Individual storage units may be accessed from inside the building only.
b. All facilities must meet the design standards of the district.
c. No storage units located on the first floor may be located within the first 25 feet of the front
facade. No storage units located on the first floor may be visible from any public right-of-way.
d. Access to loading areas must be located to the interior or rear of the building.
7. The following additional permissions apply to outdoor self-storage facilities:
a. Outdoor self-storage facilities should be oriented so that storage unit access doors do not face
the public right-of-way.
b. Outdoor self-storage facilities are allowed to include an area for storage of recreational vehicles.
Storage areas for recreational vehicles must be located in the rear yard.
c. No storage of recreational vehicles is allowed within 25 feet of any rear lot line. No storage of
recreational vehicles is allowed within 30 feet of any interior side lot line. No storage of
recreational vehicles is allowed within 50 feet of any front or corner side lot line.
d. If storage areas for recreational vehicles are provided, they must be screened along interior
side and rear lot lines with a solid fence or wall, a minimum of six feet and a maximum of seven
feet in height. Shrubs must be planted and spaced sufficiently to form a continuous linear
hedgerow at plant maturity; plantings must be placed inside the face of the fence toward the
interior of the lot.
Project Description:
CC2 Zoning Code text amendment request to allow the use of indoor, climate-controlled self
storage. It comes as no surprise that the retail landscape has changed drastically since the
advent of online shopping. These changes have only accelerated during the pandemic, leaving
large commercial retail spaces vacant across the Midwest. These large empty spaces not only
suppress their neighboring property values and businesses, but they also pose a very real threat
to their local municipalities. As large retail spaces sit vacant, the owners often times are forced
to reassess the properties lower to account for the vacancies and changing market conditions,
sometimes multiple times across a span a few years, which in turn reduces the taxable income
to the cities. This can become a vicious cycle that often ends with the property becoming
blighted, being labeled as a “brownfield” property in a short time. We have been marketing a
large, deep 35,000+ square foot retail space in Iowa City for almost 8 months with no user
interest in utilizing a large portion of the space. The specific space becoming available no longer
meets the demand for retail space in our community. The majority of interest and demand
we’ve received for this large vacant space is for small 1,000-2,000 sq ft retail frontage space
only. We request that the City of Iowa City amend the zoning code for CC2 to allow the use of
indoor, climate controlled self-storage. By granting our request to alter the zoning code, the city
would not only be heading off this potential future property value decline, they would also be
protecting their own income from property taxes while simultaneously allowing the owners to
provide a much needed product to the market. Our research shows an unmet demand of
496,570 square feet of class A, indoor, climate-controlled storage in the Iowa City area. We have
collaborated closely with neighboring businesses, community members, and the neighborhood
association to determine the best repurposing and long term use of the space in question. We
received valuable feedback in these discussions that have shaped how we plan to repurpose the
space. We believe, with the zoning code text amendment approved, we’ll be able to provide a
valuable amenity to the community that meets the current retail demand and provides a
sustainable, long term use of the building. Thank you for your consideration of this request.
Concepts Submitted by SouthGate Companies
Former Slumberland Site
947 Highway 6 East
From:Megan Alter
To:Kirk Lehmann; Anne Russett
Subject:Regarding recommendation for RE Z21-0007
Date:Thursday, August 5, 2021 11:47:36 AM
Good morning,
I am writing in hopes this can either be a late addition to the P & Z meeting tonight or that
the contents can be shared with the commission during discussion of the rezoning of the
space at Slumberland.
I am a SDNA leadership member and have some concerns I want the commission to be
aware of during deliberations, ultimately with hope that a decision to re-zone can be held
off until these questions can be addressed. A bit of context in front as well: in the packet
the language appears to indicate the SDNA has been involved in discussions about this
proposed rezoning all along. This is not the case. Angie Jordan has been in
conversation about possible uses of this space in relation to a proposed SSMID. The
Neighborhood Association has not had an opportunity yet to discuss and weigh in on the
proposal from Southgate, and the primary use of the space as self-storage is news to the
larger group.
Concerns:
1) The proposed use of climate controlled self storage would become the 3rd self storage
facility within a half mile radius. While Quality Care's to-be-built facility is outside the
South District on the corner of Southgate and Gilbert, that use of land, along with the
Hawkeye self-storage in back of HyVee gas, creates a perception by the public and by
potential developers or businesses that the area further discourages sustainable retail while
fostering a pass-through sensibility.
Regarding the 'pass-through' sensibility: The other major features in this area are 3 mega
gas station/convenience stores (Casey's on B'way and Hwy 6; a new Quik Star on Keokuk
and Hwy 6; and a new Kum and Go (Quik Trip?) on Gilbert and Highland) existing or in
the works, and 4 liquor stores spanning from Waterfront HyVee to Broadway and Hwy 6.
Again, creating a 3rd storage facility does not promote liveability in what is also a large
residential neighborhood, with needs for basic goods (soft retail) and neighborhood
amenities such as sit-down restaurants.
2) As I understand it, the proposed spaces for the storefront retail spaces are
approximately 30 ft. At the same time staff and Southgate raise legitimate concerns about
big box storefronts (entities that do seem to be on their way out), I am concerned that
these fronts will not be able to accommodate the types of retail attractions that residents
could use regularly. Will these spaces have additional storage provided to them in order to
be able to make use of the space in a way that encourages foot traffic and customer-
friendly use? Does the proposed rezoning allow Southgate to reappropriate the storefront
space as part of its storage facility if the storefronts remain empty and/or demonstrate high
turnover? It seems like small store fronts could equally encourage high turnover rates,
which perpetuates the same problems Pepperwood has been encountering already. In
addition to Slumberland and Tuesday Morning (when it was housed where the Post Office
is now), there have been several smaller store fronts available and they have also failed to
be sustainable. I am concerned that simply offering new small spaces will not alleviate or
solve the issues Pepperwood has faced.
While the proposal from Southgate demonstrates some effort to work with the goals of the
South District Plan, the rezoning does not seem invested in actually making these
storefront entities sustainable given that storage units provide a different and already-
accounted-for service in the area than addressing the needs that have existed for a long
time. In a larger sense, I am very concerned that rezoning to accomodate a storage facility
will further discourage potential investments in the South District as a mixed use
neighborhood--that people will be forced as they currently are, to travel outside or to not
yet created areas of the district to buy clothes, eat, or enjoy entertainment. Pepperwood
Plaza is currently an underused concrete space and putting a few storefronts in does not
seem to address that issue while at the same time it fosters the sensibility that people can
pass through the area understanding it as a quasi-industrial park. Ironically, this potential
rezoning does, however, make new development including retail and restaurants
incredibly attractive around Sycamore Trails, which once again leaves the commercial
heart of the South District out of the equation. I am very much in favor of the new form-
based code, but do not want to pit two parts of the South District against each other.
Please take time to consider these issues before voting to rezone.
Thank you,
Megan Alter
936 Aspen Court
Member of SDNA
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
AUGUST 5, 2021 – 7:00 PM
FORMAL MEETING
THE CENTER – ASSEMBLY ROOM
MEMBERS PRESENT: Mark Nolte, Maria Padron, Mark Signs, Billie Townsend
MEMBERS ABSENT: Susan Craig, Mike Hensch, Phoebe Martin
STAFF PRESENT: Sara Hektoen, Kirk Lehmann, Anne Russett
OTHERS PRESENT: Caleb Wilson, Brian Hoel, Angie Jordan, Robert Domsic
RECOMMENDATIONS TO COUNCIL:
By a vote of 4-0 the Commission recommends that the Zoning Code be amended to allow self-
storage uses in the Community Commercial (CC-2) zone by special exception, subject to the
specific approval criteria outlined in the agenda packet.
CALL TO ORDER:
Signs called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
COMPREHENSIVE PLAN AND ZONING CODE AMENDMENT ITEMS:
CASE NO. REZ21-0007:
Consideration of Zoning Code Amendment (REZ21-0007) to allow self-service storage uses in
Community Commercial (CC-2) zones by special exception.
Russett stated this is a proposed text amendment that was presented to staff by Southgate
Companies to allow self-service storage uses in the Community Commercial (CC-2) zones.
Southgate is specifically looking for this use at 947 Highway 6 East, which is the former
Slumberland store, to allow for an indoor self-service storage use and small retail uses in the
front of the building. Currently in the Code, self-service storage uses are only allowed in CI-1
zones, General Industrial zones and Heavy Industrial zones, they are not allowed in CC-2 zones.
However, due to the changing retail landscape and structure of the proposed project, staff
supports the text amendment, and the proposed amendment would be allowed by special
exception.
Russett reiterated the proposed amendment is to allow self-storage uses and all CC-2 zones
throughout the City through the special exception process and as a special exception, the Board
Planning and Zoning Commission
August 5, 2021
Page 2 of 13
of Adjustment would need to approve the use. In order to be approved, the proposed project
would need to meet both general approval criteria and specific approval criteria and as part of
this amendment staff has developed specific approval criteria that's related to maintaining a
variety of goods and services in the CC-2 zone to ensure high quality active building facades and
to minimize any potential negative visual impacts.
The general approval criteria is not changing through this proposed text amendment as it is the
approval criteria that's required of all special exceptions. It includes that the use would not be
detrimental or endanger public health, safety or welfare, that it would not be injurious to the use
and enjoyment of other property in the immediate vicinity, it would not impede the normal and
orderly development and improvement of the surrounding property, that there's adequate utilities,
access and drainage, that adequate measures have been taken to provide ingress or egress to
minimize traffic congestion, and that it would meet the requirements of the Code and consistency
with the Comprehensive Plan.
Staff is proposing the following specific approval criteria for this proposed amendment. The first
is that self-storage units shall be completely within a conditioned space and that no outdoor
storage would be allowed, second the self-service storage units would not individually be
accessed from the outside, and that no more than two garages or overhead doors could be
provided, and they must be at the rear of the building. Third criteria is that a substantial
proportion of the front building facade must accommodate other allowable commercial uses and
the self-serve storage use must not be allowed within the first 30 feet of the front building depth,
the primary entrance to the self-storage area could be located there but it could not exceed 30%
of the building width. Lastly, the building must meet the site development standards for large
retail uses.
Russett next went through those site development standards that are currently in the Code for
large retail uses that would be applied to future self-service storage uses in CC-2 and a lot of
them are design related standards. Public facing facades and exterior walls would have to have
some projections and articulation recessed every 100 feet, that there has to be visual interest
along 60% of the front facade which includes entry areas, awnings, and windows. At least three
of the following must exist, there must be a change in color or texture or material or plane. In
terms of roof details if it's a flat roof, the building must include corporate parapets to conceal
rooftop equipment. Building materials must be high quality that includes brick, masonry, or
stucco for at least 75% of the walls and smooth face unadorned surfaces cannot exceed 25% of
the walls and entryways also must be prominent so people walking to those buildings know
where the entry is and if there are multiple stores in one building each store requires at least one
exterior customer entrance and these entrances must include a feature that helps define that
entrance such as an overhang, an arcade or a projection.
Russett noted when staff completed an analysis as part of this text amendment, they realized
that the retail landscape has changed in the recent years and there's many large national brick
and mortar retailers that are closing as ecommerce is expanding so businesses are being forced
to adapt. These trends negatively impact the demand for large retail spaces resulting in vacant
big box stores, which can lead to deferred maintenance and depressed property values. Finding
Planning and Zoning Commission
August 5, 2021
Page 3 of 13
an alternative uses for these spaces is beneficial especially if it's paired with opportunities to
support other small businesses.
Russett showed a map of the City showing property that is currently zoned CC-2 noting that if
this Code Amendment is approved self-storage uses would be allowed through special exception
and all of those areas. A few areas of interest are the Walden Square on the west side, the
Highway 1/218 interchange, Towncrest area and the Old Town Village on Scott Boulevard. There
are also some areas in the center of Riverfront Crossings that are CC-2 and also Pepperwood
Plaza and Iowa City Marketplace (Sycamore Mall). So these are some of the areas
where self-storage uses would be allowed and some of these areas may be appropriate for self-
storage uses and others may not be as appropriate for self-storage uses which is why the
amendment really relies on the general and specific criteria. The specific criteria focuses on
encouraging an active pedestrian friendly facade and requiring accommodation of other
commercial uses. The general criteria ensures that it's a good fit by considering impacts on
surrounding properties and also making sure it's consistent with the City's Comprehensive Plan,
District Plan. Southgate’s proposed reuse of this particular property proposes small retail
storefronts along the front façade. However, it is also possible for new self-storage uses to be
developed in new commercial areas.
As staff reviewed the concept for Pepperwood Plaza and the former Slumberland space that was
provided to staff they also looked at other nearby cities and how they regulate self-storage uses.
They looked at Des Moines, Cedar Rapids and Davenport and they allow self-storage uses in a
wider variety of zones. Some distinguish between indoor and outdoor, and indoor self-storage
uses are generally allowed in more zones and a lot of these cities also use specific criteria
similar to what staff is proposing to ensure that these uses fit into their community and some of
the design requirements that their community envisions.
In terms of consistency with the Comprehensive Plan, Russett noted this supports several goals,
including increasing and diversifying the property tax base by encouraging the retention and
expansion of existing businesses, encouraging a healthy mix of independent and locally owned
businesses, promoting economic activity and supports an active and attractive front facade. Also
with the high unmet demand for storage, the use can drive traffic to the site and serve nearby
residences. Lastly, the 2020-2021 Strategic Plan includes a goal to promote an inclusive and
resilient economy throughout the City and the City is seeking to invigorate neighborhood
commercial districts and create new neighborhood commercial zones and allowing more flexible
uses that can increase the resiliency of existing commercial areas.
Padron asked about how the goals of the Comprehensive Plan will be met. Russett replied by
increasing and diversifying the property tax base by encouraging the retention and expansion of
existing businesses and also to encourage a healthy mix of locally owned businesses and
national businesses. As part of this amendment, the specific criteria would require additional
uses besides the self-storage use because the front of this facade cannot be used for that self-
storage use.
Planning and Zoning Commission
August 5, 2021
Page 4 of 13
Russett noted staff did receive one piece of correspondence regarding this text amendment
today and was distributed to the Commission. There were some concerns expressed relating to
a concentration of self-storage uses in this area, the size of the commercial spaces along the
facade, and a concern that the use would discourage investment in the area.
In terms of next steps, after the Planning and Zoning Commission's recommendation, staff would
ask City Council to set a public hearing in order to consider the proposed text amendment.
Staff recommends that the Zoning Code be amended to allow self-storage uses in the
Community Commercial (CC-2) zone by special exception, subject to the specific approval
criteria outlined in the agenda packet.
Nolte asked if there was a layout of how the building might be broken out as he was just curious
how big these retail spaces might be. Russett replied the applicant can discuss that but she
believes the proposed spaces are between 800-1500 square feet.
Townsend asked since these are enclosed storage units will there be regulations on what cannot
be stored in those units. Russet replied the City does have regulations related to the storage of
flammable equipment that wouldn't be allowed in this area.
Nolte stated that Quality Care has like a list of what can and can't be put in their spaces and
they're pretty diligent about that. Townsend noted those are mostly outdoor spaces and these
are indoor spaces and there'll be other retail establishments there and she is concerned if fumes
could be a problem.
Signs opened the public hearing.
Caleb Wilson (Southgate Companies) noted they have been working with Brian with Rancho
Storage out of Cedar Rapids. Southgate has been working with Brian on this project as
Southgate has a long track record of development in this community but self-storage is Brian's
expertise. Wilson noted they are requesting this amendment as this shopping center was
developed by Southgate a long time ago and obviously retail has changed dramatically. This
building was occupied by Slumberland for quite some time as a retail space. They also owned
the L shaped building beside it for a long time which was sold to Parkview Church and has been
repurposed for other uses within the community. Slumberland notified Southgate last fall that
they would be moving out of that building to Coralville and at that point Southgate reached out to
the City to let them know Slumberland was going to be leaving and that Southgate would be
looking for a new user for that space. The building is roughly 38,000 square feet, so it is a large
space with no walls dividing it up with within it. So it is large shell space and it's also a very deep
space which are not being built very much anymore unless there is a very specific company or
specific user. This building was originally built for Econo Foods back in the 1980s. Wilson stated
the City referred Southgate to a company called Retail Consultants out of Texas to help them
assess what could be a good future use of this building. They had conversations with potential
users, followed a lot of leads but received no real interest from any of that work. Therefore, that
led them to continue exploring other paths on how this building can be repurposed for use as it
Planning and Zoning Commission
August 5, 2021
Page 5 of 13
stands today, that will be a long-term viable business for the community, and what are the needs
of the community that can be met by this building. They continued to try to find tenants who
would fill either the whole space or smaller portions of it but again the orientation of the building
is not set up in a way that is really desirable to a lot of tenants because of the depth and how far
it goes back. Self-storage was something that they became aware of as they saw other projects
like this throughout the country when older buildings like this have been vacated and been
redeveloped and been really successful. So they started to explore converting this building into
self-storage and met with community folks and the feedback they got was they were really
concerned about losing the retail character of this shopping center and if the whole building was
self-storage that it would no longer feel like retail shopping center and other businesses around it
would impacted negatively. However, the idea was presented to look at carving off the front and
creating retail spaces to retain that retail character of the shopping center. Brian helped them find
a design firm who has done projects like this before, converting buildings like this into this kind of
a use, and that's how they came up with these concepts today. Currently on the front of the
building there is unused outdoor space that is covered and then the rest of the front of the
building is just one big facade so what they want to do is create smaller retail spaces that are
actually in demand and to use that outdoor space to make it visually attractive and something
that folks can use and enjoy. For example, they have an interest for a coffee shop there. Wilson
acknowledged Angie Jordan is here tonight and she has been working with the proposed SSMID
and the South District Neighborhood Association and she had been sending them a lot of
different businesses who are interested in space down in this area and Southgate has been
working with them over the past several months. The average lease space people want is about
800 square feet, maybe up to 1500 square feet, so it is a small space, but a permanent location.
These are often newer businesses who want to have a permanent physical location, but they
can't find space that has an attractive storefront, especially having an outdoor amenity like the
patio. Southgate can deliver this to them affordably as well if they can use the rest of the building
for self-storage, which is a long-term sustainable use financially. He stated there is a demand for
these smaller spaces, but they are not largely available in the market. One business specifically
he wanted to mention was Evelyn Casada has a new business called Choco Fresa, which is a
coffee and dessert shop, she wants in this area so bad, the South District Community, and is
very excited about this concept. Southgate is really tried to engage a variety of different folks in
the community to understand what the actual needs are and try to find a good long-term use for
this building that is again sustainable. They don't want to put something in here that three to five
years from now is going to be obsolete but they're confident that the demand for self-storage is
going to be persistent and is growing in other cities.
Brian Hoel reiterated they will have very rigorous requirements for what can and cannot be
stored inside there, so nothing with an engine, no flammable materials, etc.
Nolte asked how many little spaces they foresee being able to create on the front there. Wilson
replied they have just kind of blocked out the front and it's maybe 4000 square feet, but they can
really set it up depending on what the demand is and can accommodate the size a business
would need.
Planning and Zoning Commission
August 5, 2021
Page 6 of 13
Signs noted there are a lot of small retail spaces vacant around the area, but they're not
affordable to a new small business, so how are Southgate confident they can offer these retail
spots less than market rate. Wilson replied there's multiple issues that exist in making any new
space today, the biggest one being the cost of construction in general so what they have going
for them is it's an existing building that's been around for a long time and they have a project that
is attached to it that they view as being a financially viable project. The self-storage will be able
to subsidize what's on the front so they can make those spaces very affordable, compared to
what a new construction project would be.
Signs also had a question about the outdoor space, noting there's been attempts to use that
outdoor space previously with limited success. Additionally, there's maintenance issues, that
area is like a vortex for every leaf in that neighborhood in the fall, so thoughts on how that's
going to be maintained and who's responsible. Wilson replied there will be fencing and things
like that around it which would probably keep some of that away, but things used to accumulate
there because nobody cared and it was an unoccupied space, with this being an activated space
there'll be many people that have a vested interest in it being a nice presentable space. If the
businesses there are utilizing it, especially a coffee shop and maybe one of the other spaces as
a small restaurant, he is confident they'll keep it looking nice.
Padron asked about the number of storefronts. Wilson noted they are just showing a rendering
but they feel it can be divided up into probably three to four spaces, depending on the demand
and the size that they want.
Hektoen reminded the Commission they are considering amending the text to allow this kind of
use and then the Board of Adjustment would actually examine the specific application for the
specific use.
Padron noted this is another concern because if they allow this change, it will affect all CC-2
zones and another developer could come and not have small stores on the front but just all
completely storage. Russett replied they cannot do that. Again, looking at the specific approval
criteria the text amendment would only allow self-storage uses in the CC-2 zone through special
exception and there are the specific criteria those uses would be reviewed by and one is that a
substantial portion of the front building facade must accommodate other allowable commercial
uses and that the self-storage use is not allowed within the first 30 feet of the building façade and
the entrance to the self-storage use on the front of the building can only occupy 30% of the front
of that building facade. All of that would be evaluated at the time of the special exception and
they would need plans showing the other retail spaces and the specific square footage and that
detail to ensure that the entrance to the self-storage unit is not more than 30% of the width of the
facade.
Angie Jordan (1125 Apple Court) works with the South District Neighborhood but she is not
representing any organization but as a resident she just wanted to say how excited she is about
this proposal. She is also extremely excited in how it was collaboratively reached and about the
prospects of this long-term opportunity to invest in inclusivity around entrepreneurs, business
engagement, and neighborhood revitalization. She did acknowledge like Commissioner Signs
Planning and Zoning Commission
August 5, 2021
Page 7 of 13
she is concerned about ensuring affordability and looks forward through the Good Neighbor
Meeting process that the City does to bring more residents into this discussion as residents have
really great ideas, some curiosity and concerns that she believes can continue to inform
Southgate. Overall, she just wanted to express excitement on this collaborative approach for
existing commercial property and taking into account what they've been trying to do in that
neighborhood at the grassroots level.
Robert Domsic, (816 McCollister Court) asked about the building on the far right, the United
States Postal Service, and is wondering if this particular plan includes that part of the facade or
does it exclude that. Russett confirmed it will not impact the United States Postal Office.
Signs closed the public hearing.
Nolte moved to recommend that the Zoning Code be amended to allow self-storage uses
in the Community Commercial (CC-2) zone by special exception, subject to the specific
approval criteria outlined in the agenda packet.
Townsend seconded the motion.
Signs stated he is a resident of the South District and is fairly involved in the South District
Association and he has not had any conversations with anyone about this project. He just
wanted to make that clear.
Nolte stated he thinks this is a creative use, he’s been trying to help a friend who wants to open a
restaurant in that area and it's tough to find affordable, smaller spaces that will allow that type of
use so he thinks there'll be a lot of demand for this and he trusts the language created by staff
around the special exception, there's good criteria for when and how they can be designed.
Townsend added it is one of the few places in town where there is parking.
Padron stated she really likes the idea of having stores in the front, and then the storage in the
back and also thinks that 30%/70% is a good balance to have little shops in the front. She
believes this is the best solution.
Signs also understands the concerns of the letter writer and the gist of it being the area's
changing which is true but there's nothing to stop that movement. Obviously, bricks and mortar
retailers are on the way out and small local businesses are always hungry looking for space to
start up. The particular thing about this part of this building is it sets back quite away from the
from the Highway, and the landscape along the Highway is changing. Any opportunity to use a
space to increase the tax base that is otherwise empty space makes him supportive of the
project and of the of the change of the zoning.
A vote was taken and the motion passed 4-0.
1, 0..
Prepared by:Kirk Lehmann,Associate Planner,410 E Washington St, Iowa City, IA 52240(REZ21-0007)
Ordinance No.
Ordinance amending Title 14, Zoning Code to allow self-service storage
uses by special exception in CC-2 zoning districts. (REZ21-0007))
Whereas, self-service storage uses are considered an industrial land use and have historically
only been appropriate for zones intended to accommodate more land-intensive commercial
operations, uses with significant amounts of outdoor storage, and light industrial uses; and
Whereas, the Title 14, Zoning currently allows self-service storage uses in Intensive
Commercial (CI-1), General Industrial (I-1), and Heavy Industrial (1-2)zones; and
Whereas, a recent trend towards indoor, climate-controlled self-service storage uses
produces a different facility that mitigates the historic negative externalities of such a use; and
Whereas,the retail landscape has changed significantly in recent years with reduced demand
for large-scale retail spaces, increased demand for smaller retail footprints, and businesses co-
locating with other uses not traditionally associated with retail areas; and
Whereas,these trends can lead to large, vacant retail spaces and eventually blight; and
Whereas, the purpose of the Community Commercial (CC-2) zone is to provide for major
business districts to serve a significant segment of the total community population with a variety
of retail goods and services, and a number of land uses, including residential, commercial,
institutional/civic, and limited industrial uses; and
Whereas,to facilitate the adaptive reuse of vacant large-scale retail spaces, this zoning code
text amendment would allow self-service storage uses in CC-2 zones by special exception; and
Whereas, by allowing this type of use only as a special exception, the Board of Adjustment
can ensure that such uses continue to meet the intent of the CC-2 zone by requiring
accommodation of other allowable commercial uses along the front façade and by applying
enhanced design standards; and
Whereas, the Planning and Zoning Commission has reviewed the zoning code amendment
set forth below on September 7, 2021 and recommends approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iowa is hereby
amended by adding the following underlined language:
A.Amend Table 2C-1 in 14-2C-2 as follows:
Table 2C-1: Principal Uses Allowed in Commercial Zones
Use Categories Subgroups CC-2
Industrial uses:
Industrial service uses
Manufacturing and General manufacturing PR
production uses Heavy manufacturing
Ordinance No.
Page 2
Technical/light manufacturing PR
Salvage operations
Self-service storage uses
Warehouse and freight movement uses
Waste related uses
Wholesale sales uses
B. Amend 14-4B-4C by adding the following thereto:
10. Self-Service Storage in CC-2 Zones.
a. All self-service storage units or areas shall be completely within conditioned space,
as defined in the Building Code. No outdoor storage is allowed.
b. Self-service storage units shall not be individually accessible from the outside, and
no more than 2 garage or overhead doors shall provide access into the building.
Said doors shall only be provided at the rear of the building.
c. A substantial portion of the front building facade must accommodate other
allowable commercial uses. Self-service storage uses are not allowed within the
first thirty feet (30') of the front building depth as measured from the overhang of
the roof. except for the primary entrance to the self-service storage areas. This
primary entrance shall not exceed thirty percent (30%) of the width of the self-
service storage use's building facade and may consist of a hallway, lobby, and/or
retail storefront. Individual self-service storage units shall not be allowed within this
primary entrance area.
d. Buildings containing self-service storage uses shall be considered a large retail
use as it relates to the site development standards set forth in Section 14-2C-6K.
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 , 2021.
Mayor
Approved by
Com---�
Attest:
City Clerk City Attorney's Office
(Sara Greenwood Hektoen - 9/1/2021)
Ordinance No.
Page 3
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 09/07/2021
Voteforpassage: AYES: Bergus, Mims, Salih, Taylor, Teague, Thomas
Weiner. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published
Item Number: 9.b.
S eptember 7, 2021
O rd inan ce vacating approximately 6,098 sq u are feet of public rig h t-of-way
ru n n ing n orth from Lafayette Street east of S. Du b u q u e Street and
auth orizing conveyan ce to G il b ane Devel opmen t Compan y. (VAC20-0003)
(Second Consid eration)
AT TAC HM E NT S :
Description
Staff Report with Attachments
Purchase A greement
Ordinance & E xhibit
Correspondence from Michael Welch requesting expedited action
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Ray Heitner, Associate
Planner
Item: VAC20-0003 Date: July 1, 2021
700 S. Dubuque Vacation
GENERAL INFORMATION:
Applicant: Gilbane Development
7 Jackson Walkway
Providence, RI 02903
267-256-4520
Mapt@Gilbaneco.com
Requested Action: Vacation public right-of-way
Purpose: To accommodate redevelopment
Location: County Seat Addition, Block 18, at the
northeast corner of South Dubuque and
Lafayette Streets.
Location Map:
Size: Approximately 0.14 acres
Existing Land Use and Zoning: Commercial and multi-family residential,
RFC-CX, Riverfront Crossing – Central
Crossings
Surrounding Land Use and Zoning: North: RFC-CX, Riverfront Crossing - Central
Crossings
South: CI-1, Intensive Commercial
East: CC-2, Community Commercial
West: Institutional Public (P-2); RFC-CX,
Riverfront Crossing - Central Crossings; CI-
1, Intensive Commercial
File Date: December 10,2020
45-Day Limitation: N/A
BACKGROUND INFORMATION:
Gilbane Development has applied to vacate an alley that separates the properties located at 700-
730 South Dubuque Street from the apartment building at 220 Lafayette Street. Gilbane is acquiring
all of these lots and intends to redevelop them as one development spanning the alleyway.
Gilbane previously applied to rezone these properties to Riverfront Crossings -Central Crossings
(RFC-CX). The Commission recommended approval of that application at its December 17, 2020
meeting, and Council approved the same on February 2nd, 2021, subject to a conditional zoning
agreement that required certain Ralston Creek stream bank restoration activities and the dedication
of a sanitary sewer easement in a location to be determined by the City Engineer.
ANALYSIS:
The following factors are to be considered in evaluating a vacation request:
a) Impact on pedestrian and vehicular access and circulation;
b) Impact on emergency and utility vehicle access and circulation;
c) Impact on access of adjacent private properties;
d) Desirability of right-of-way for access or circulation needs;
e) Location of utilities and other easements or restrictions on the property; and
f) Any other relevant factors pertaining to the specific requested vacation.
a) Vehicular and pedestrian circulation and access to private property:
The alley contains no sidewalk or other formal means of pedestrian access or circulation. The
alley provides vehicular access to parking areas along the west and north sides of the apartment
building at 220 Lafayette Street and the east (rear) side of the businesses fronting 700-730 S.
Dubuque Street. The applicant has indicated that it will be acquiring all of these properties, but
until the buildings are vacated, the alley will still be needed for vehicular circulation and access.
b) Emergency and utility and service access:
The International Fire Code requires that fire apparatus access roads be located within 150’ of
any facility or building that is served under the jurisdiction (IFC (2018) 503.1.1). Since the
approximate distance between S. Dubuque Street and the western wall of 220 S. Lafayette Street
is 185’, fire apparatus access to the existing alley is necessary to provide fire protection to the
building at 220 Lafayette Street until it is demolished.
The alley is currently used for gas and electric service lines. A utility easement should be retained
for these utilities until the adjacent properties are vacated and utilities no longer used.
A sanitary sewer main runs through the middle of the existing alley and serves other properties in
the neighborhood, not just the adjacent land the applicant intends to redevelop. A sanitary sewer
easement should be retained for this utility until the sanitary sewer main is relocated to a new
easement area dedicated to the City at no cost, as required by the conditional zoning agreement.
c) Impact on access of adjacent private properties:
The applicant intends to redevelop all adjacent private property as one development project.
These adjacent properties were collectively rezoned to RFC-CX subject to a conditional zoning
agreement. As described above, the vacation will impact access to the existing buildings, though
they will all continue to have right-of-way frontage along public streets. The proposed right-of-way
vacation will not impact access to any other nearby properties.
d) Desirability of right-of-way for access or circulation needs:
The applicant wishes to use right-of-way for development of a multi-family residential building with
access off S. Dubuque Street and E. Lafayette Street. Upon redevelopment according to their
plans, the existing alley will not be necessary for any future access or circulation needs.
e) Location of utilities and other easements or restrictions on the property:
Private utilities have been contacted and asked to identify if they have and facilities within the subject
right-of-way. The subject right-of-way contains gas and electric utilities and a City sanitary sewer
main. Easements for these uses must be retained as described above. The applicant intends to
establish new easement areas upon redevelopment so that the property is served by all necessary
private and public utilities.
f) Any other relevant factors pertaining to the specific requested vacation:
Although the applicant intends to acquire the adjacent property, there are currently numerous
owners of the adjacent land. In order to avoid creating an ownership interest in yet another private
entity, Staff will recommend to the City Council that it not convey the alley to the applicant until they
are the titleholder to all adjacent land and that the buildings are no longer occupied to ensure that
access to the adjacent properties is not impacted.
SUMMARY:
Staff recommends vacation of this alley, contingent upon the retention of an access easement,
private utility easement and sanitary sewer easement for so long as the adjacent property is
occupied. While this alley currently serves as an important corridor for traffic circulation and
utilities, the alley is not necessary for traffic or utilities according to the applicant’s redevelopment
plans.
NEXT STEPS:
Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be
reviewed by the City Council. The City Council will not only discuss the vacation, but also the
conveyance of this land to the applicant for fair market value.
STAFF RECOMMENDATION:
Staff recommends the approval of VAC20-0003 a vacation of the Block 18, County Seat Addition
public alley right-of-way adjacent to 220 Lafayette Street, subject to a utility easement, access
easement, and sanitary sewer easement as described in this report and in forms approved by the
City Attorney’s office.
ATTACHMENTS:
1. Location Map
2. Vacation Plat
Approved by: ______________________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
SGILBERTSTS DUBUQUE STLAFAYETTE ST MAIDENLN
VAC20-0003700, 710, 720, 730 S. Dubuque St. & 220 Lafayette St.µ
0 0.02 0.040.01 Miles Prepared By: Joshua EngelbrechtDate Prepared: December 2020
An application submitted by Axiom Consultants, on behalf ofGilbane Development, to request the vacation of the public right-of-way for approximately 0.14 acres of property in order toaquire this portion of the right-of-way and add it to the adjacentproperty.
S89° 21' 34"W 91.10'N00° 52' 18"W
40.00'N02° 26' 27"W 286.42'S32° 51' 20"W60.29'S87° 33' 44"E 116.89'
N89° 22' 53"E 150.00'
N00° 50' 07"W 16.84'
N89° 09' 53"E 19.84'N01° 15' 47"W 140.57'S00° 47' 29"E 118.70'S01° 15' 47"E60.40'S89° 21' 34"W 148.59'
S89° 21' 34"W
20.01'S00° 51' 59"E 302.83'N00° 50' 07"W 302.77'0 30 60
SHEET NUMBER:
SHEET TITLE:
PROJECT NAME:
PROJECT NO.:
DATE ISSUED:
CURRENT REV:
WWW.AXIOM-CON.COM | (319) 519-6220
DESIGN PROFESSIONAL:
S. DUBUQUE STREET DEVELOPMENT
12/07/2020
R.O.W. VACATION EXHIBIT
1 OF 1
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LEGAL DESCRIPTION
A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT 5 THRU LOT 8 IN BLOCK 18, IN THAT PART OF IOWA CITY, IOWA,
LAID OFF BY THE COMMISSIONERS OF JOHNSON COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA,
AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT.
PART
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Page 1 of 6,
Doc ID: 031853000006 Type: GEN
Kind: ORDINANCE
Recorded: 05/19/2022 at 11:27:51 AM
Fee Amt: $32.00 Paqe 1 of 6
Johnson County Iowa
Kim Painter County Recorder
BK6377 PG769-774
STATE OF IOWA )
)SS
JOHNSON COUNTY )
Ii t t
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.Icgov.org
I, Kellie Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that on 27th day of July
2021, the City Council did set a public hearing on its intent to vacate and convey certain
right-of-way and that the attached hereto is a true and correct copy of:
Proof of Publication for the Notice of Public Hearing which was published in the
Press Citizen on the 2nd day of August 2021.
• Ordinance 21-4863 which was passed by the City Council of Iowa City, Iowa, at a
meeting on the 7th day of September 2021.
Dated at Iowa City, Iowa, this 18th day of May 2022.
Cb �'
•% ry 9
I Al V, C"
Kellie K. Fruehling
City Clerk
Wes
Page 2 of 6
CITY CLERK
CITY OF IOWA CITY
ICPD
410 E WASHINGTON ST
IOWA CITY IA 522401825
This is not an invoice
# of Affidavits
AFFIDAVIT OF PUBLICATION
State of Wisconsin
County of Brown, ss.:
The undersigned, being first duly sworn on oath, states that the Iowa City Press Citizen, a corporation duly
organized and existing under the laws of the State of Iowa, with its principal place of business in Iowa City,
Iowa, the publisher of
Iowa City Press Citizen
newspaper of general circulation printed and published in the City of Iowa City, Johnson County, Iowa, and tha
an advertisement, a printed copy of which is attached as Exhibit "A" and made part of this affidavit, was printed
and published in Iowa City Press Citizen on the following dates:
Ad No. Start Date: Run Dates: Cost:
0004844405 8/2/21 08/02/2021 $33.06
Copy of Advertisement
Exhibit "A"
Subscribed sworn to befor�me said affiant this
2 day of August, 2021
Notary Public
l --7 x'
Commission expires
KATHLEEN ALLEN
Notary Public
State of Wisconsin
Page 3 of 6
ING
tv no
uctaXHIBI■
nonce
6.098
Iowa
meeting, see
telephonevthe�Ct y cClerks at (319)
356-5043.
Copies Of the prOpOSed ordl" 'e
are on tile for public examination
in the office of the City Clerk, City
Hall, Iowa City, Iowa, which is
currently closed 10 thepublic
because of the coronavirus. Copies
are available by telephoning the
City Clerk at 319/356-5043 or
e m a I I i n g
kel I ie-frueh I ing*Iowa-city.org.
Kellie Fruehling, City Clerk
Page 4 of 3,
'- Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (VAC20-0003)
Ordinance No. 21-4863
Ordinance vacating approximately 6,098 square feet of public right-of-
way running north from Lafayette Street east of S. Dubuque Street and
authorizing conveyance to Gilbane Development Company (VAC20-
0003)
Whereas, Gilbane Development Company, the buyer of 700, 710, 720, and 730 S.
Dubuque Street and 220 Lafayette Street, has requested that the City vacate and convey to the it
approximately 6,098 square feet portion of right-of-way running north from Lafayette Street east of
S. Dubuque Street to facilitate redevelopment of said right-of-way and adjacent properties; and
Whereas, this right-of-way currently contains sanitary sewer and private utilities, and
provides fire department access to said adjacent properties; and
Whereas, upon redevelopment, however, these uses will no longer be necessary; and
Whereas, staff recommends vacation of the right-of-way, contingent upon the retention of
an access easement, private utility easement, and sanitary sewer easement for so long as the
adjacent properties are occupied, and a new sanitary sewer has been built in a location accepted
by the City; and
Whereas, at its meeting on July 1, 2021, the Planning and Zoning Commission
recommended approval of the vacation, subject to the retention of said easements.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Vacation. The City of Iowa City hereby vacates that portion of public right-of-way
shown on the attached Vacation Exhibit and described as follows:
A 20 FOOT WIDE ALLEY IMMEDIATELY ADJACENT TO LOT 5 THRU LOT 8 IN BLOCK 18, IN
THAT PART OF IOWA CITY, IOWA, LAID OFF BY THE COMMISSIONERS OF JOHNSON
COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON.
COUNTY, IOWA, AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT.
Section II. Conveyance. The Mayor and City Clerk are authorized to execute all documents
necessary, in forms approved by the City Attorney, to convey any interest in the above-described
property to Gilbane Development Company via warranty deed for $121,960.00, subject to the
terms and conditions of the purchase agreement executed by the City Manager on July 1, 2021,
which is hereby ratified. This authorization includes the authority to execute any necessary
easement agreements or releases thereof upon approval of the City Attorney.
Section 11. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section 111. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 7th day of September , 20_2j.
Page 5 oU6.
y �' •� Ordinance No. 21-4863
Page 2
6y6r:
Approved by:
Attest:
City Clerk
City Attorne s'UR ce
(Sara Greenwood Hektoen — 08/12/2021)
It was moved by Mims and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Bergus x
x Mims
x Salih
x Taylor
x Teague
x Thomas
_ x Weiner
Salih that the
First Consideration 8/17/2021
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner, Mims.
NAYS: None. ABSENT: None. ABSTAIN: Bergus.
Second Consideration ------
Vote for passage:
M
Date published 09/16/2021
Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered
and voted on for passage at two Council meeting prior to the meeting at which it is
to be finally passed be suspended, the second consideration and vote be waived and the
ordinance be voted upon for final passage at this time.
AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner.
NAYS: None.
ABSENT: None.
ABSTAIN: Bergus.
Page 6 of -6,
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LAID OFF BYTHE COMMISSIONERS OF JOHNSON COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA,
AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT.
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LAID OFF BYTHE COMMISSIONERS OF JOHNSON COUNTY, IOWA, AS THE COUNTY SEAT OF JOHNSON COUNTY,
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1 & 2, PAGE 253, DEED RECORDS OF JOHNSON COUNTY, IOWA,
AS SHOWN ON THE RIGHT OF WAY VACATION EXHIBIT.
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