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HomeMy WebLinkAbout2011-01-25 OrdinancePrepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ10- 00016) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.79 ACRES OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ10- 00016) WHEREAS, the owner, Hieronymus Family Partnership, LLC, and the applicant, TNT Land Development LLC, have requested a rezoning of property located at the northwest corner of Muscatine Avenue and Scott Boulevard, from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM- 12); and WHEREAS, the Comprehensive Plan indicates that the intersections of arterial and collector streets are appropriate for multi - family zoning and that multi - family structures be of a scale that is compatible with the surrounding neighborhoods; 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 adequate pedestrian connections and compatibility of multi - family buildings with the surrounding single family neighborhoods; and WHEREAS, Iowa Code §414.5 (2009) 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 have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) to Low Density Multi- Family Residential (RM -12): Commencing at the East Quarter corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S87 °58'47 "W, along the South line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to its intersection with the West Right -of -Way line of Scott Boulevard; Thence N01 °06'43 "W, along said West Right -of -Way line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 °46'53 "W, 279.96 feet; Thence N01 °06'43 "W, 434.89 feet; Thence N88'53'1 7"E, 279.96 feet, to a point on the West line of Ralston Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous, in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in the Records of the Johnson County Recorder's Office; Thence S01 °06'43 "E, along said West line, and the said West Right -of -Way line of Scott Boulevard, 434.37 feet, to said POINT OF BEGINNING, containing 2.79 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 City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Ordinance No. Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office y 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 Dickens Hayek Mims Wilburn Wright First Consideration 1/25/2011 Vote for passage: AYES: Champion, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ10- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Hieronymus Family Partnership, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 2.79 acres of property located at the northwest corner of Muscatine Avenue and Scott Boulevard; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding pedestrian connectivity and neighborhood compatibility the requested zoning is consistent with the goals of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an Owner's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, the need for neighborhood compatibility and pedestrian connections; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Hieronymus Family Partnership, LLC is the legal title holder of the property legally described as Commencing at the East Quarter corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S87 °58'47 "W, along the South line of the Southeast One - Quarter of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to its intersection with the West Right -of -Way line of Scott Boulevard; Thence N01 °06'43 "W, along said West Right -of -Way line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 °46'53 "W, 279.96 feet; Thence N01 °06'43 "W, 434.89 feet; Thence N88 °53'17 "E, 279.96 feet, to a point on the West line of Ralston Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous, in accordance with the Plat thereof recorded in Plat Book 19, at Page 84, in the Records of the Johnson County Recorder's Office; Thence S01 °06'43 "E, along said West line, and the said West Right -of -Way line of Scott Boulevard, 434.37 feet, to said POINT OF BEGINNING, containing 2.79 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Sidewalk on the north side of Muscatine Avenue shall be extended from Juniper Drive to Scott Boulevard. Said sidewalk and the sidewalk along Terrence Lane adjacent to 3330 Muscatine Avenue shall be installed concurrently with the construction of Terrence Lane, and b. The multi - family buildings shall substantially comply with the November 30, 2010, file- stamped site plan and building elevations. Changes to the site plan or building design must be approved by the Staff Design Review Committee. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of , 20 CITY OF IOWA CITY OWNER: Hieronymus Family Partnership, LLC Matthew Hayek, Mayor 2 Attest: Marian K. Karr, City Clerk 2App oved by: t-< � i�tea City Attorney's Office ; A/ fi C CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20 , before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek 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 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. Notary Public in and for the State of Iowa My commission expires: Hieronymus Family Partnership, LLC Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I g+- day of Oa , 20 1 1 , before me, the undersigned, a Notary Public in and for the State of Iowa, person4 appeared ��nhn A. 41e r on Lc ✓ & c cKS , to me personally kno who being by me duly sworn, did say that the person is M6u ; a r-1 near- (title) of Hieronymus Family Partnership, LLC, and that said instru signed on be of the said limited liability company by authority of its managers and the said the execution of said instrument to be the voluntary act and deed Wsaid limited liability company by it voluntarily executed. ee- L � i -�-- IV,- —/k *1�� Notary Public in and for the State of Iowa KELLIE K. TUTTLE My commission expires: o�'9 commission Number 221819 .1 My 1 Cor�ms'on Expires _ 3 6 C.-�. To: Planning & Zoning Commission STAFF REPORT Prepared by: Christina Kuecker Item: REZ10 -00016 and SUB10 -00013 Date: December 2, 2010 Terra Verde GENERAL INFORMATION: Applicant: Contact Person: Phone: TNT Land Development LLC 2779 Muddy Creek Lane Coralville, IA 52241 Terry Lavery (319)325 -7074 Requested Action: Rezone 2.84 acres from RS -5 Low Density Single Family Residential to RM -12 Low Density Multi Family Residential and a subdivision of 12.48 acres Purpose: Development of Terra Verde subdivision, including 19 lots of detached single family units and 3 lots for multi - family units Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Northwest corner of Muscatine Avenue and Scott Boulevard 12.48 acres RS -5 Undeveloped North: Ralston Creek, P1 & RS -5 South: Single family. RS -5 East: Single family and Scott Park, RS -5 & P1 West: Single family, RS -5 Comprehensive Plan: Draft Southeast Planning District Plan shows multi - family at the corner of Muscatine Ave and Scott Boulevard and single family on the rest of the area. Iowa City Comprehensive Plan — map shows single family but Neighborhood Design Concept supports multi - family at intersections of arterial streets. Neighborhood Open Space District: SE -1 Court Hill /Lucas File Date: November 12, 2010 2 45 Day Limitation Period: December 27, 2010 SPECIAL INFORMATION: Public Utilities: The area is currently served by Public Utilities Public Services: This area is currently served by the Eastside Loop transit route BACKGROUND INFORMATION: The land under consideration is currently being used as farmland and is currently zoned Low Density Single Family Residential (RS -5). The applicant, TNT Land Development LLC, is requesting approval for a rezoning of 2.84 acres at the corner of Muscatine Avenue and Scott Boulevard to Low Density Multi - Family Residential (RM -12). The applicant is also requesting approval for the preliminary plat of a 19 -lot detached single family and 3 -lot multi - family residential subdivision with three outlots. The applicant has indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhood representatives. The applicant notified the City that the Good Neighbor meeting was held on November 22 at Lucas Elementary. ANALYSIS: Zoning and the Comprehensive Plan: The current zoning of the property allows for low - density single - family lots with a minimum lot size of 8,000 square feet. The proposed rezoning of the 2.84 acres at the corner of Muscatine Avenue and Scott Boulevard would allow for low- density multi family development. The subdivision is comprised of 19 detached single family lots, 3 multi - family lots, and 3 outlots accessed off of Muscatine Avenue via Terrence Lane, the sole street in the subdivision. The applicant has indicated that the multi - family lots would consist of approximately 23 townhouse style units. .Outlots B & C will be deeded to the neighboring property owners, while Outlot A is to be used as storm water management and will be maintained by the homeowners association. The proposed rezoning and subdivision are located within the Southeast Planning District. The District Plan for the Southeast Planning District is in the process of being written and is currently in its draft phase. It is expected that the draft will be presented to the Planning and Zoning Commission soon. In the draft plan the area near the intersection of Muscatine Avenue and Scott Boulevard is shown to be appropriate for multi - family residential, with the rest of the subject property being shown as single family. The reason land uses are shown in this manner in the Southeast District Plan is due to the Neighborhood Design Concepts of the citywide Comprehensive Plan (Pages 21 -25) that indicate that intersections of collector and arterial streets are appropriate for multi - family zoning and that these buildings should be of a similar height and appearance to the surrounding single - family homes. In general, multi- family zoning is encouraged by the Comprehensive Plan where it has access to arterial streets and city services such as transit and parks. The proposed rezoning meets this criteria and staff believes that it complies with the Comprehensive Plan. Subdivision Design: All lots meet the minimum lot dimensions required by zoning. Terrence Lane has been designed to the local street standards, with a 60' right of way, 3 26' pavement width, and 5' sidewalks on each side. Pedestrian trails connect this subdivision to the trail system. The multi - family properties will not be allowed direct access onto Muscatine Avenue or Scott Boulevard and additionally must be set back a minimum of 40' from the property line along Muscatine Avenue and Scott Boulevard. The fronts of the buildings are required to face the abutting streets and the parking must be located behind the buildings. Compatibility with neighborhood: The surrounding neighborhoods consist of predominately single - family homes. On the southeast corner of Muscatine Avenue and Scott Boulevard there is a planned development with multi - family buildings and a medical office. In staff's opinion, the proposed development is compatible with the surrounding neighborhood. The location of the multi - family is appropriate given its access to the arterial streets. The developer has submitted a concept plan and building design for the multi - family lots. The site plan shows 4 off street parking spaces for each of the proposed 23 units (two within each garage and two in each driveway. In addition to the spaces belonging to each unit, the concept plan includes a landscape island within the common driveway located in the center of the multi - family development where additional parking spaces can be provided. The extra parking provided by the plan is important, because no parking is allowed on Muscatine Avenue or Scott Boulevard and parking will be permitted on only one side of Terrance Lane. In staff's opinion, the building designs are of a scale and detail that is appropriate for the area. Staff recommends that a Conditional Zoning Agreement (CZA) be established that requires substantial compliance with the submitted concept plan and building design in order to ensure compatibility with the neighborhood and adequate off street parking for the multi - family units. If at a later date the developer wishes to substantially change the design of the buildings or the site, staff recommends that the changes be subject to review by the Staff Design Review Committee for compatibility with the neighborhood. Environmentally Sensitive Areas: Ralston creek does run to the north of this property, but the stream corridor and flood hazard areas are located on city owned property, not on this property. There may be hydric soils on the property. If this is the case, the houses on lots with hydric soils will have to be constructed with sump pumps and more stringent construction safeguards will be required for any parts of the street that coincides with hydric soils. At the time of final plat approval these requirements will need to be addressed in the legal papers. Traffic, access, and street design: The proposed subdivision is accessed from Muscatine Avenue via Terrence Lane, the sole street in the subdivision. Terrence Lane has been designed as a loop street that extends to the property line so it can serve the property to the south when it develops. A temporary turn around is being provided on lots 5 and 6 until such time as the street is extended. The multi - family lots will be served by a private drive accessed off Terrence Lane, with no direct access to Muscatine Avenue or Scott Boulevard. Additional right of way on Muscatine Avenue is being dedicated in order to facilitate future expansion of the intersection and installation of a traffic signal in the future. 4 Currently no sidewalks exist on the north side of Muscatine between Juniper Drive and Scott Boulevard. The rezoning to Multi - Family will increase the need for this sidewalk connection. The developer has agreed to install a 5' wide sidewalk along this entire frontage within the right -of -way. Staff recommends that the installation of the sidewalk be a requirement of the CZA and that the sidewalk be installed concurrently with the construction of Terrence Lane. Additionally the sidewalk along Terrence Lane adjacent to 3330 Muscatine Avenue should be installed when Terrence Lane is built. The subdivision includes a trail extension from Terrence Lane to Scott Boulevard on the north side of Lots 21 and 22. A trail extension also extends from Terrence Lane to the northern property line on Outlot A between lots 14 and 15. This trail extension will provide residents of this subdivision access to the open space along Ralston Creek and it could connect with the Court Hill Trail in the future. Neighborhood park /and or fees in lieu of. • The proposed subdivision does not have any land set aside as neighborhood parkland. The applicant will be required to pay fees in lieu of .39 acres of parkland (.21 acres for the RS -5 zone and .18 acres for the RM -12 zone). This subdivision will be sent to the Parks and Recreation Commission for review, but the Parks and Recreation staff has indicated that the fees in lieu of parkland is preferred for this property. Storm water management. Storm water management is being provided for on Outlot A. Infrastructure fees: Water main extension fee of $395 per acre is required. A revised preliminary plat was submitted on November 24 and will need to be reviewed for compliance with the zoning and subdivision regulations. Any deficiencies or discrepancies will need to be corrected prior the Commission's vote. STAFF RECOMMENDATION: Provided that any deficiencies and discrepancies identified on the revised plat are corrected, staff recommends that REZ10- 00016, a rezoning of approximately 2.84 acres located at the northwest corner of Muscatine Avenue and Scott Boulevard from RS -5 to RM -12 and SUB10- 00013, a preliminary plat of Terra Verde, a 22 -lot, approximately 12.48 -acre residential subdivision located at the northwest corner of Muscatine Avenue and Scott Boulevard be approved with the following conditions: • The sidewalk on the north side of Muscatine Avenue being extended from Juniper Drive to Scott Boulevard • The sidewalk on the north side of Muscatine Avenue and along Terrence Lane adjacent to 3330 Muscatine Avenue being installed concurrently to the construction of Terrence Lane • The multi - family buildings being substantially compliant with the submitted site plan and building design. If the developer wishes to change the design, the new design must be approved by the Staff Design Review Committee. DEFICIENCIES AND DISCREPANCIES: As note above the revised plat will need to be reviewed for compliance with City Codes, and any deficiencies and discrepancies will need to be corrected. 6i ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Concept plan and elevations Approved by: /46w -/' " Robert Miklo, Senior Planner, Department of Planning and Community Development 12 MUSCATINL - CITY OF IOWA CITY 'QNV P 1 urt Hil Scott Pork CLOVER Park i J a th -- - I'll— Bran [PON 9 m r- 0 (OSUBDIVIS ON REZONE RS51to RM12 SILVERCK T WAY Ul� iER-CRE§T-PL Pa/ LECKDN RI �OK op E 'rLN SITE LOCATION: Muscatine Ave. & Scott Blvd. REZ10-00016/SUB10-00013 PRELIMINARY PLAT TERRA VERDE A GEOTHERMAL COMMUNITY IOWA CITY, IOWA 10Z 9 T AON Wa Z I WN 01 —:06MU ---------- FAA FAA !m cra INGO(Em LAND PLUMERS LAND SURVEYORS LVIOSCM ISCRITWIS 01111120101111 volm W. City of Im city PRELIMINARY PLAT 4� TERRA VERDE IOWA CRY Jp WSON c0u,`,TY IOWA MIS OONSLJLTANTS, INC. �-31 FRONT ELEVATION — D t 1 /e' = i' -o' Q_LEFT ELEVATION 1 1 /8. = t._p. RIGHT ELEVATION 8 =1 /-41 REAR ELEVATION t - t79 = i. -p. CU_ CU cz co mo C_ !V Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA-Z2240; 319 - 356 -5243: (REZ10- 00016) a u;a = ORDINANCE NO.�� w AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 2.79 ACRES OF PR04RTY LOCATED AT THE NORTHWEST CORNER OF MUSCATINE AVENUE ND SCOTT BOUL RD, FROM LOW D SITY SINGLE FAMILY RESIDENTIAL (Ft 5;) TO L DENSITY MULTI - t o ILY RESIDENTIAL (R -12). (REZ10- 00016) -- WHEREAS, the owner, ieronymus Family Partnership, LLC, and the pplicant, TNT Land Development LLC, have requested a rezoni of property located at the northwest corn r of Muscatine Avenue and Scott Boulevard, from Low Density Sin le Family Residential (RS -5) to Low D sity Multi - Family Residential (RM- 12); and WHEREAS, the Comprehensive Ian indicates that the intersectio s of arterial and collector streets are appropriate for multi - family zoning and at multi - family structures be of a scale that is compatible with the surrounding neighborhoods; and WHEREAS, the Planning and Zonin Commission has the reviewed the proposed rezoning and determined that it complies with the Comp re nsive Plan provide that it meets conditions addressing the need for adequate pedestrian connections an compatibility of ulti- family buildings with the surrounding single family neighborhoods; and WHEREAS, Iowa Code 6414.5 (2009) provid that the ity of Iowa City may impose reasonable conditions on granting an applicant's rezoning requ t satisfy public needs caused by the requested change; WHEREAS, the owner and applicant have agreed t with the terms and conditions of the Conditional Zoning development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE IOWA: SECTION I APPROVAL. Subject to the Conditional /Z over and above existing regulations, in order to ing / herein, property described below is hereby reclassifie from its Single Family Residential (RS -5) to Low Density Multi- amity Rec property shall be developed in accordance lent attached hereto to ensure appropriate L OF THE CITY OF IOWA CITY, nt attached hereto and incorporated zoning designation of Low Density (RM -12): Commencing at the East Quarter corner of S tion 13, Township 7%N orth, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson ounty, Iowa; Thence 7 °58'47 "W, along the South line of the Southeast One - Quarter of the No heast One - Quarter of sa Section 13, a distance of 50.00 feet, to its intersection with the est Right -of -Way line of colt Boulevard; Thence N01 006'43 "W, along said West Right -of- ay line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 046'53 "W, 279.96 feet; Thenc N01 °06'43 "W, 434.89 feet; Then e N88 °53'17 "E, 279.96 feet, to a point on the West line of Ralsto Creek South Property Acquisition From Wilfreda A. and Albert N. Heironymous, in accordance w h the Plat thereof recorded in Plat B %k19, at Page 84, in the Records of the Johnson County Re order's Office; Thence S01 °06'43 "E, said West line, and the said West Right -of -Way li e of Scott Boulevard, 434.37 feet, aid POINT OF BEGINNING, containing 2.79 acres, and subject to easements and restrictions ord. SECTION II. ZONING MAP. The building official is hereby authorized and directed to \change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Ordinance No. Page 2 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, provisionr 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 proVWed by law. Passed and approve is day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office N O C- z i w N Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319 - 356 -5243 (REZ10- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, ,Iowa, a municipal corporation (hereinafter "City "), and Hieronymus Family Partnership, LLC (heri inafter "Owner "). WHEREAS, Owner is the legal title holder of approxinjately 2.79 acres of property located at the northwest corner of Muscatine Avenue and Scott Bo levard; and WHEREAS, the Owner, has requested the rezoning of aid property from Low Density Single Family Residential (RS -5) o Low Density Multi - Family Re idential (RM -12); and WHEREAS, the Planning an Zoning Commission has etermined that, with appropriate conditions regarding pedestrian co nectivity and neighbor ood compatibility the requested zoning is consistent with the goals of t Comprehensive Pla ; and WHEREAS, Iowa Code §414.5 ( 09) provides th t the City of Iowa City may impose reasonable conditions on granting an ap icant's rezoni g request, over and above existing regulations, in order to satisfy public needs c used by the equested change; and WHEREAS, the Owner and Applica ackn wledge that certain conditions and restrictions are reasonable to ensure the Bevel me of the property is consistent with the Comprehensive Plan, the need for neighborhood c tibility and pedestrian connections; and WHEREAS, the Owner and Applicant agrees develop this property in accordance with the terms and conditions of a Conditional Zoning Ag ee ent. NOW, THEREFORE, in consideration of the /'the ual pro ises contained herein, the parties agree as follows: 1. Hieronymus Family Partnership, LLC legal title holder of the property legally described as Commencing at the Eas/'W, er corner of Section 13, Township 79 North Range 6 West, of the Fifth Pl eridian, Iowa City, Johnson County, Iowa Thence S87 058'47 "W, along th line of the Southeast One.- Quarter of th� Northeast One - Quarter of ection 13, a distance of 50.60 feet, to its= intersection with the West t -of -Way line of Scott Boulevard; Thencew N01 °06'43 "W, along said Wght -of -Way line, 52.29 feet, to the POINT OF BEGINNING; Thence S88 °4, 279.96 feet; Thence N01 °06'43"1M;.,434.89s feet; Thence N88 °53'17 "E, feet, to a point on the West line of Ralston" Creek South Property AcquiFrom Wilfreda A. and Albert N. Heirony*us, W in accordance with the Plat tf recorded in Plat Book 19, at Page 84, in `the Records of the Johnson Co ecorder's Office; Thence S01 °06'43 "E, along said West line, and the said West Right -of -Way line of Scott Boulevard, 434.37 feet, to said POINT OF BEGINNING, containing 2.79 acres, and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Sidewalk o the north side of Muscatine Avenue sl Drive to Sc o Boulevard. Said side walk and the adjacent to \app uscatine Avenue shall be in construction oce Lane, b. The multi - famings shall substantially comply stamped site d building elevations. Chan design must bved by the Staff Design Revie II be extended from Juniper ewalk along Terrence Lane ailed concurrently with the ith the November 30, 2010 file es to the site plan or building Committee. 4. The Owner and City ackn wledge that the conditio contained herein are reasonable conditions to impose on t e land under Iowa C de §414.5 (2009), and that said conditions satisfy public need that are caused by t e requested zoning change. 5. The Owner and City acknowle a that in the ev nt the subject property is transferred, sold, redeveloped, or subdivided, all redevelop ent will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Cord a covenant running with the land and w\ and effect as a covenant with title to th City of Iowa City. The parties further acknowledge that this ag all successors, representatives, and as gns Zoning Agreement shall be deemed to be to the land, and shall remain in full force unless or until released of record by the it shall inure to the benefit of and bind parties. 7. The Owner acknowledges that nothi g in this C nditional Zoning Agreement shall be construed to relieve the Owner or pplicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this /rening tional Zoning Agre ment shall be incorporated by reference into the ordinance the subject prope yand that upon adoption and publication of the ordinance, greement shall be re rded in the Johnson County Recorder's Office at the Own pense. Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor Attest: OWNER: Hieronymus Family Partnership, LLC _c By: ? w co 2 Marian K. Karr, City Clerk Approved by: C b '> 2 City Attorney's Office w CITY OF IOWA CITY ACF OWLEDGEMENT: STATE OF IOWA co ss. JOHNSON COUNTY ) On this day of 20 , before me, the undersigned, a notary public in and fo the State of Iowa, p rsonally appeared Matthew J. Hayek and Marian K. Karr, to me personally k wn, who being b me duly sworn, did say that they are the Mayor and City Clerk, respectively, f said municip I corporation executing the within and foregoing instrument; that the seal affixed hereto is th seal of said municipal corporation; that said instrument was signed and sealed on b half of s d municipal corporation by authority of its City Council; and that the said Mayor and execution of said instrument to be the volu them voluntarily executed. Hieronymus Family Partnership, LLC STATE OF IOWA ) ss: /JOHNSON COUNTY ) as such officers acknowledged that the and deed of said corporation, by it and by ry Public in and for the State of Iowa My commission expires: On this day of , 20 , before me, th undersigned, a Notary Public in and for the State of Iowa, pers Wally appeared to me personally known, who bein by me duly sworn, did ay that the person is instrument was signed on be and the said voluntary act and deed of sai (title) of Hieronymus Family Part ership, LLC, and that said f of the said limited liability company b authority of its managers acknowledged the execution o aid instrument to be the limited liability company by it voluntarily exe ted. Notary Public in and for the State of Iowa 3 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ10- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE. (REZ10- 00013) WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved Planned Development Overlay Medium Density Single Family (OPD -8) zone located northwest of the intersection of First Avenue and Hickory Trail; and WHEREAS, the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5 -7 dwelling units per acre; WHEREAS, the Northeast District Plan identifies lots fronting on the west side of First Avenue as appropriate for townhouse and multi - family development; and WHEREAS, the applicant has proposed a 16 -unit multi - family building with vehicle access from an extension of Hickory Trail, reserving a large portion of the lot as natural open space; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and site plan and determined that it complies with the Comprehensive Plan provided that it meets conditions related to minimizing impacts on the adjacent park from urban development and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2009) 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 rezoning request; and WHEREAS, the applicant/ owner acknowledges that certain conditions and restrictions are reasonable to ensure that development of this property as an OPD -8 zone complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northeast District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) zone to Planned' Development Overlay Medium Density Single Family (OPD -8) zone: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. SECTION III. ZONING MAP. The Building Inspector 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 this ordinance by law. 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office i' 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 Dickens Hayek Mims Wilburn Wright First Consideration 1/25/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: Dickens. ABSTAIN: Hayek. Second Consideration _ Vote for passage: Date published Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, on March 10, 2009, Council approved Ord. (09 -4327) zoning this land Planned Development Overlay Medium Density Single Family (OPD -8) to allow for the development of three six -unit residential structures; and WHEREAS, the Owner has requested an amendment to the development plan to allow for the construction of one 16 -unit residential structure; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding site design, building and retaining wall elevations, vehicular and pedestrian access, landscaping, the establishment and maintenance of a natural open space, and stabilization of slopes, the requested change to the development plan is appropriate in this location to allow the proposed 16 -unit multi- family building; and WHEREAS, Iowa Code §414.5 (2009) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as expressed in the Northeast District Plan; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE, 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF' T"HE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the .parties acknowledge that Iowa Code §414.5 (2009) 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. ppdadm /agt/rez10 -00013 cza hickory trail.doc 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Preliminary Planned Development Plan submitted January 5, 2011, attached and incorporated herein, with regard to the layout, including the location and size of the building, retaining wall, and rear access drive. b. Substantial compliance with the building elevations submitted January 10, 2011, particularly with regard to the variation in facade; use of quality materials, including cement board siding and stone veneer; roofline; and window pattern and bays which break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single - family areas within the neighborhood. c. All landscaping (trees and shrubs) must comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State extension. d. Prior to the issuance of a building permit, Owner shall obtain: i. Design Review Committee approval of building materials (including colors), and design and materials for the proposed retaining wall. ii. Planning staff approval of a detailed plan for all landscaping, including landscape screening of the retaining wall, and plans for establishing and maintaining prairie in the proposed open space, including species selection and long term maintenance. e. Owner shall obtain a grading permit for the site and newly created slopes must be stabilized prior to issuance of a building permit. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2009), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and, with title to the land, and shall remain in full force and effect as a covenant with title tq,.the, land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that any previous conditional zoning agreement(s) for this property are hereby declared null and void and shall have no further effect. 9. 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 ppdadm/agt/rez10 -00013 cza hickory trail.doc 2 Recorder's Office at the Owner's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's (Office f 20 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2011, by Matthew J. Hayek and Marian K. Karr, who did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City; 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. Notary Public in and for the State of Iowa CASEY BOYD, LLC, ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on S �- �" u Q, -1� S' , 2011, by (name), as the ow,t4r n r tle) of Casey Boyd, LLC. N ublic in and for the State of Iowa -11,3111 i 3 ppdadm /agt/rez10 -00013 cza hickory trail.doc PRELIMINARY PLANNED DEVELOPMENT PLAN HICKORY POINTE, 2ND ADDITION "A RESUBDIVISION OF HICKORY POINTE" IOWA CITY, IOWA �x PLAT PREPARED BY: OWNER /SUBDMDER. SUBDIVIDER'S ATTORNEY MMS CONSULTANTS INC. CASEY BOYD, LLC JOSEPH MORELAND f 4 ■ • • • 1917 SOUTH GILBERT ST. 250 12TH AVE STE 150 120 E WASHINGTON ST GRIM n 1�I IOWA CITY, IA 52240 CORALVILIZ IA 52241 IOWA CITY, IA 52240 SITING TEYPGRARY �, �`\ \ I%YU qy GIIADG EASEMEN IN T JN89]2'89'E 112.N' £ wATEPMNN AND SANITARY Ilt � SEWEP EASEMENT n i \ II� � \ � •\ yN \ �� fMO�ARVd %DLiCtY M � '4D tay. w suAi OBTR` AMR Q \ iRQ9 To pE \ \ ~,W MAMAP✓p EASING 15' UMUTY. 4M \ WATERMNN AND SANITARY / 1111 \ •\ SEWER EASEMENT �C Ad 111 LOT 1 iA \ ( I 1 R- T20.OD' T- 197.38' :§ ( C- 300.40' tw.IN' C CB- SOB'30'21'E w 1 I z . i xWA taY. N'2M -Af0 \ �� �T,: ' �qW GrtY. N rittl YR nC �• 1 #a I u9d "- PROPOSED g �. Ewsnac u' unurr zm 16 UNIT 111 w FlAIN, SANITARY AND 1_ BUILDING ; I I S—M SENEX EASEMENT -emu _ LOT CHARACTERISTIC TRACT AREA 129,331 SF RIGHT -OF -WAY AREA 15,887 SF GUTLOT 'A' AREA 1,841 SF LOT 1 AREA 111,60) Y (100. BUILDING AREA 11,050 SF (12.6 PAVING AREA 7,870 SF (7. GREEN SPACE AREA 89,683 SF (80.4 IMPERVIOUS AREA 21,920 SF (19.6%) BUILDING CHARACTERISTIC 1 - 16 ALEX BUILONC BU9DING FGOT PRINT - 14,050 SF MATERIALS: HARDY PLANK SIDING/STONE VENEER THE BUILDING DESIGNS AND MATERIALS SHALL BE CONSISTENT WITH THE SUBMITTED ELEVATION DRAWINGS. LOT DENSITY: LOT 1 AREA 2.56 AC (111,603 SF) DWELLING UNITS - 16 UNITS LOT DENSITY 16 DU / 2.56 AC - 6.3 DWELLING UNITS PER ACRE (LOT DENSITY 111,603 SF / 16 QU - 6,975 SF PER DWELLING UNIT) BONING 8 LAND USE• CURRENT ZJNING IS OPD -8 RESIDENTIAL PARI(ING NOTES: PARKING REOUIREMENTS 2 SPACE PER DU (16 DU)- 32 SPACES PARKING PROVIDED LOWER GARAGE- 21 SPACES (1 HC GUEST SPACES- 8 SPACES 2 HC 35 SPACES REQUIRED PARKING- 32 SPACES PROPOSED PARKING- 35 SPACES BICYCLE P /VIKING IS PROVIDED IN LOWER LEVEL GARAGE SITE LIGHTING ALL EXTERIOR LIGHTING SHALL BE DOWNCAST AND SHIELDED AND NOT EXCEED 25' IN HEIGHT. EXTERIOR LIGHTING SHALL BE ALUMINUM OR COMPOSITE LAMP POSTS AT 12' HT. 150 WATT, MH, DOWN CAST LUMINAIRES GENERAL NOTES SEE LANDSCAPE PLAN, SHEET 4 OF 4 FOR DUMPSTER ENCLOSURE SCREENING. THE MAILBOX CLUSTER WILL BE PROVIDED INSIDE THE BUILDING. LANDSCAPE REQUIREMENTS ONE TREE PER 550 SF OF BUILDING FOOTPRINT 14,050 SF / 550 SF - 26 TREES ONE TREE WITHIN 60 FEET OF EVERY PARKING SPACE ONE TREE FOR EACH 60 FEET OF RIGHT -OF -WAY FIRST AVENUE & HICKORY TRAIL 820 FEET R.O.W. / 60 - 14 TREES TOTAL REGARD) TREES = 26 TREES TOTAL TREES PROVIDED - 28 TREES CONDRIO VS OF REZONING REQUEST 1. CURRENT BUILDING ELEVATIONS ARE DATED 12/10/10. 2 BUILDING MATERIALS SHALL BE APPROVED BY CITY DESIGN RENEW COMMITTEE. 3. THE DESIGN AND MATERIALS OF THE RETAINING WALL SHALL BE APPROVED BY CITY DESIGN REVIEW COMMITTEE 4. A DETAILED LANDSCAPE PLAN, INCLUDING NATIVE PRAIRIE OPEN SPACE. SHALL BE APPROVED BY CITY OF IOWA CITY PLANNING STAFF. S. A DETAILED PLAN FOR CREATION AND MAINTENANCE OF THE NATIVE PRAIRIE OPEN SPACE SHALL BE APPROVED BY CITY OF IOWA CITY PLANNING STAFF. S. A GRAINING PERMIT IS REQUIRED. 7. NEWLY CREATED SLOPES MUST BE STABILIZED PRIOR TO ISSUANCE OF A BUILDING PERMIT. PROPOSED w OOVERSTORY TREE i37 PROPOSED EVERGREEN TREE PROPOSED PLANTING AREA CONSISTING OF DECIDUOUS AND EVERGREEN SHRUBS, ORNAMENTAL GRASSES, PERENNIALS AND GROUNDCOVER. _ 6' P.C.C. THICKNESS - Y P.C.C. THICKNESS STANDARD LEGEND AND NOTES PROPERTY h/w BOUNDARY LINES - CONGRESSIONAL SECTION LINES -- ..-- .- -. - - -- RIGHT -OF -WAY LINES -- ----- - - - - -- - EXISTING RIGHT -OF -WAY LINES - CENTER EWES - EXISTING CENTER LINES - LOT UNE% INTERNAL - LOT LINES, PLATTED OR BY DEED - - - - - - - - - - - PROPOSED EASEMENT LINES -------- ----------- - -- EXISTING EASEMENT UNES BENCHMARK (R) - RECORDED DIMENSIONS 22 -1 - CURVE SEGMENT NUMBER - EXIST- -PROP - 'd 'a - UTILITY POLE LIGHT POLE ® ® - SANITARY MANHOLE FIRE HYDRANT WATER VALVE ® O - DRAINAGE MANHOLE 0 O - CURB INLET FENCE LINE (- -- EXISTING SANITARY SEWER - (((( -- PROPOSED SANITARY SEWER - EXISTING STORM SEWER - PROPOSED STORM SEWER 011 - WATER LINES E - ELECTRICAL LINES T - IEEE PHONE LINES - - a - GAS LINES - - - - - CONTOUR LINES (1' INTERVAL) �� -- PROPOSED GROUND -� - EXISTING GROUND - EXISTING TREE UNE a- EXISTING DECIDUOUS TREE r•` - EXISTING EVERGREEN TREES THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCMON DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF 1XIS DOCUMENT. FLANr LIST - rREES OTT NET [YiF•Y'fLAL NAx[ [LM.IC1r NMC'S1a� Z'r'L LR4EliF SGt i A5 AG9L sACCr1441A — A R L r cx. D L D m x v 1 v [4WxJ5 RLRPA 1TPA8xfb MCENOLa lT LA.. P L D f0 x TO i 65 BIIDSTA TWALM1n1p5 N1FW.tl5 5cTLfC 9LWK Tt1GPILl55 110 AwsT r LA.. D L D b %SIC 4 MA MA• A AGlANAFA GYAACERTRff xIAGHGLN I LIL p L D o. f0 i Pp PIGlA LIAY.A G19K+AFA MAGL HI L9 SPRYE A' NT. D L D SO I, TO p P5 PIN15 5TRR15 MBTE 4E !l. L NT. D L D D qA g ADA t9tq/ V.4xi! i' LA_ P&. X x 90 QL QHILUS FLT;GNa SGNBLF OAl L' LM_ p a D v Y v Qx ¢ERGS MAGRLe A iUl OM( i' L/l p L D N x 40 PLANT' usr - SHRUbs, PERENNIALS, ORNIMENrPL GRASSES & ORRND6Ov1=R 4rY — pOFMYA. t1iAE LG.AILN NM! Z'r'L LG4BNT 5@ 5 I VL I VpUa1N TRLI" GG,PAGrA c—ALF ANE—AI GWEEMTLIF_YI VNRNIM 2.97 ACRES IRA M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPEC61IM 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351.8282 www.mmswnsultwts.net 5741 C ST. SW SUITE C CEDAR RAPIDS. IOWA 52404 (319) 841 -5188 Da a -- 01-08-11 PERCITYREVIEW JDM PRELIMINARY PLANNED DEVELOPMENT PLAN HICKORY POINTE. 2ND ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC,> mat` 01 -05-11 17eflyrp Ly. IroM Orox w. : RLA CNOn D'P Scab. JDM - 0' OrcIW ly. s„ae No. ; DAM / ^ aapLt IOWA CITY 7273013 1 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ10- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE. (REZ10- 00013) WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved Planned Development Overlay Medium Density Single Family (OPD -8) zone located northwest of the intersection of First Avenue and Hickory Trail; and WHEREAS, the Comprehensive Plan's design guidelines for new eighborhoods emphasize efficient and compact design with densities of 577 dwelling units per acre; WHEREAS, the Northeast Distric Plan identifies lots fronting on the west side of First Avenue as appropriate for townhouse and multi -fame development; and WHEREAS, the applicant has propo ed a 16 -unit multi - family ilding with vehicle access from an extension of Hickory Trail, reserving a large rtion of the lot as natur open space; and WHEREAS, the Planning and Zoning C mission has reviewe the proposed rezoning and site plan and determined that it complies with the Com ehensive Plan pro ided that it meets conditions related to minimizing impacts on the adjacent park from ur n development d compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2009) pr vides that t City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, ver and bove existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant/ owner acknowledges that rt n conditions and restrictions are reasonable to ensure that development of this property as an OPD -8 zon complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in the Northe st\District plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OUNC OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Condition Zoning A eement attached hereto and incorporated herein, property described below is hereby reclassi ed from its cu rent zoning designation of Low Density Single Family Residential (RS -5) zone to Plann Development Nerlay Medium Density Single Family (OPD -8) zone: HICKORY POINTE, IOWA CITY, I A IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PA 13, IN THE RECORDS Off, THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAIN G 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECOR . SECTION III. ZONING MAP. Th Building Inspector 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 this ordinance by aw. SECTION IV. CERTIFICATI AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized a d directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of ohnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER All ordinances and parts of ordinances in conflict with the provisions gQhis Ordinance are hereby repeale . e— ° SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinanc fFspall 1�e adj"gec o be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordi rce.W a P:�le Vany section, provision or part thereof not adjudged invalid or unconstitutional. ?*C t,.,) t�-Mj SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its fin �as!� e, Uro M and publication, as provided by law. V/ %0 .ar MAYOR Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the le I title holder of approximately 2.97 acres of property�(ocated at the northwest corner of First Avenue and Hi ory Trail; and // WHEREAS, on March 10, 2009, ouncil approved Ord. (09 -4327) zoning th land Planned Development Overlay Medium Density Single Fa �ly (OPD -8) to allow for the developm nt of three six -unit residential structures; and WHEREAS, the Owner has requested an "�mendment to the developrxfent plan to allow for the construction of one 16 -unit residential structure; and WHEREAS, the Planning and Zoning Com �ssion has de ,mined that, with appropriate conditions regarding site design, building and retainin wall ele tions, vehicular and pedestrian access, landscaping, the establishment and maintenance Van l open space, and stabilization of slopes, the requested change to the development plan is an this location to allow the proposed 16 -unit multi - family building; and WHEREAS, Iowa Code §414.5 (2009) provide that e City of Iowa City may impose reasonable conditions on granting an applicant's rezoning equest, o er and above existing regulations, in order to satisfy public needs caused by the requested/mange; and WHEREAS, the Owner acknowledges th certain conditions d restrictions are reasonable to ensure the development of the property is consistefit with the Comprehe ive Plan and the vision for the Bluffwood Neighborhood as expressed in the NgAheast District Plan; and WHEREAS, the Owner agrees t develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in c sideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the lef al title holder of the property legally described as follows: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 N Co L a z x ►.I 0 N V Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the le I title holder of approximately 2.97 acres of property�(ocated at the northwest corner of First Avenue and Hi ory Trail; and // WHEREAS, on March 10, 2009, ouncil approved Ord. (09 -4327) zoning th land Planned Development Overlay Medium Density Single Fa �ly (OPD -8) to allow for the developm nt of three six -unit residential structures; and WHEREAS, the Owner has requested an "�mendment to the developrxfent plan to allow for the construction of one 16 -unit residential structure; and WHEREAS, the Planning and Zoning Com �ssion has de ,mined that, with appropriate conditions regarding site design, building and retainin wall ele tions, vehicular and pedestrian access, landscaping, the establishment and maintenance Van l open space, and stabilization of slopes, the requested change to the development plan is an this location to allow the proposed 16 -unit multi - family building; and WHEREAS, Iowa Code §414.5 (2009) provide that e City of Iowa City may impose reasonable conditions on granting an applicant's rezoning equest, o er and above existing regulations, in order to satisfy public needs caused by the requested/mange; and WHEREAS, the Owner acknowledges th certain conditions d restrictions are reasonable to ensure the development of the property is consistefit with the Comprehe ive Plan and the vision for the Bluffwood Neighborhood as expressed in the NgAheast District Plan; and WHEREAS, the Owner agrees t develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in c sideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the lef al title holder of the property legally described as follows: HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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 Ordinance No. Page 3 requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Preliminary Planned Development Plan submitted January 6, 2011, attached and incorporated herein, with regard to the layout, including the location and size of the building, retaining wall, and rear access drive. b. Substantial compliance with the building elevations submitted December 10, 2010, particularly with regard to the variation in fagade; use of quality materials, including cement board siding and stone veneer; roofline; and window pattern and bays which break up the mass of the buildings and ensure compatibility with the character of the surrounding neighbo'rhQod, including single - family areas within the neig borhood. c. All landscap`itig, (trees and shrubs) must comply with th species list provided by Johnson County Heritage st or similar list from the Iowa State xtension. d. Prior to the issuance a building permit, Owner shall tain: i. Design Revie ommittee approval of bu' ding materials (including colors), and design and materials the proposed retaini wall. ii. Planning staff appro of a detailed pla for all landscaping, including landscape screening of the retaining I, and plans or establishing and maintaining prairie in the proposed open space, inclu g sped s selection and long term maintenance. e. Owner shall obtain a grading permit for site and newly created slopes must be stabilized prior to issuance of a building permit. 4. The Owner and City acknowledge that the condi 'ons ntained herein are reasonable conditions to impose on the land under Iowa Code §414 (20 09 ,and that said conditions satisfy public needs that are caused by the requested zonin change. 5. The Owner and City acknowledge that in the event the subj t property is transferred, sold, redeveloped, or subdivided, all redevelo ment will conform with he terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this oonditional Zoning Agreement sha be deemed to be a covenant running with the land and ith title to the land, and shall remain in II force and effect as a covenant with title to the land, unl ss or until released of record by the City o owa City. The parties further acknowledge tat this agreement shall inure to the benefit o and bind all successors, representat/th d assigns of the parties. 7. The Owner acknowledgothing in this Conditional Zoning Ag reement shall be construed to relieve the Owner or Afrom complying with all other aoolicable local, state, and federal regulations. 8. The parties agree that ious conditional zoning a declared null and void a have no further effect. The parties agree th< the ordinance rezon ordinance, this agre Owner's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor phis Conditional Zoning Agreemei g the subject property, and tha nent shall be recorded in the Ji 20 CASE` By: Ordinance No. Page 4 Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF I OW ) ss: JOHNSON COUN ) By: This instrument was ackn ledged before me on , 2011, by Matthew J. Hayek and Marian K. Karr, who did say at they are the Mayor and City Clerk, espectively, of the City of Iowa City; that the seal affixed thereto is the s I of said municipal corporation; t at said instrument was signed and sealed on behalf of said municipal co tion by authority of its City Co ncil; and that the said Mayor and City Clerk as such officers acknowledged that a execution of said instru ent to be the voluntary act and deed of said corporation, by it and by them voluntar executed. Notary Public in and for the State of 1bw� CASEY BOYD, LLC, ACKNOWLEDGEMENT :: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged (name), as the Notary Public in and for the of Iowa 2011, by ) of Casey Boyd, LLC. _4 s �n ` ►.-� N 4 �... a r Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ10- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE. (REZ10- 00013) WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved Planned Development Overl Medium Density Single Family (OPD -8) zone located northwest of the intersection of First Avenue an Hickory Trail; and WHEREAS, the Comprehe sive Plan's design guidelines for new neighb rhoods emphasize efficient and compact design with densitie of 5 -7 dwelling units per acre; WHEREAS, the Northeast Di rict Plan identifies lots fronting on the st side of First Avenue as appropriate for townhouse and multi- mily development; and WHEREAS, the applicant has pr osed a 16 -unit multi - family buildin with vehicle access from an extension of Hickory Trail, reserving a lar a portion of the lot as natural ope space; and WHEREAS, the Planning and Zonin Commission has reviewed the roposed rezoning and site plan and determined that it complies with the C mprehensive Plan provided hat it meets conditions related to minimizing impacts on the adjacent park from rban development and c mpliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2009 rovides that the Ci of Iowa City may impose reasonable conditions on granting an applicant's rezoning requ st, over and ab a existing regulations, in order to satisfy public needs caused by the rezoning request; and n WHEREAS, the applicant/ owner acknowledges t t certain onditions and restrictions are reasomble to ensure that development of this property as an OPD -8 one c mplies with the Comprehensive Plar%;vision D for the Bluffwood Neighborhood as described in the Nort h as istrict plan; Z Z NOW, THEREFORE, BE IT ORDAINED BY THE CITY C CIL OF THE CITY OF IOWA CITY, 10 A� c SECTION I APPROVAL. Subject to the Conditional nin Agreement attached hereto and inc r o herein, property described below is hereby reclassife from i current zoning designation of Lov eftity Single Family Residential (RS -5) zone to Planned evelopme t Overlay Medium Density Singl@- Family (OPD -8) zone: 0, HICKORY POINTE, IOWA CITY, IOWA IN ACCORDANq WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 1 , IN THE RECORD OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING .97 ACRES, ANDS JECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. SECTION III. ZONING MAP. The By4ding Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to a, to conform to this amendment upon the final passage, approval and publication of this ordinance by la . SECTION IV. CERTIFICATIO 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR d Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office m C— r CD d Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and N d WHEREAS, on March 10, 2009, Council approved Ord. (09 -4327) zoning this land PlaAfled Development Overlay Medium Density Single Family (OPD -8) to allow for th dev�iopr of three six -unit residential structures; and I Z �D o WHEREAS, the Owner has requested an amendment to the de elopment pl` to ajlowM-Whe construction of one 16 -unit residential structure; and Uss W WHEREAS, the Planning and Zoning Commission has d ermined that, with app ro to conditions regarding site design, building and retaining wall el vations, vehicular and pedes rian access, landscaping, the establishment and maintenanc of a natural open space, and stabilization of slopes, the requested change to the dev, , opment plan is appropriate in this location to allow the proposed 16 -unit multi - family building- and WHEREAS, Iowa Code §414.5 (2009) provides th the City of Iowa City may impose reasonable conditions on granting an applicant's re ning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges at certain onditions and restrictions are reasonable to ensure the development of the propert is cons tent with the Comprehensive Plan and the vision for the Bluffwood Neighborhood as a res ed in the Northeast District Plan; and WHEREAS, the Owner agrees to develop t property in accordance with the terms and conditions of a Conditional Zoning Agreement NOW, THEREFORE, in consideration of a mutu promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: HICKORY POINTE, IOWA CITY IOWA IN ACCORDANCE TH THE PLAT THEREOF RECORDED IN BOOK 55, PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2009) 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. ppdadm /agt1rez10 -00013 cza hickory trail.doc 3. In consideration of the City's rezoning the subject property, Owner agrees %at development of the subject property will conform to all other requirements of the zq-Mng chapter, as well as the following conditions: a. Substantial compliance with the Preliminary Planned Development Plan subrf January 6, 2011, attached and incorporated herein, with regard to the I including the location and size of the building, retaining wall, and rear access b. Substantial compliance with the building elevations submitted December 10,x` particularly with regard to the variation in fagade; use of quality materials, incding cement board siding and stone veneer; roofline; and window pattern and bays which break up the mass of the buildings and ensure compatibility with the character of the surrounding neighborhood, including single - family areas within the neighborhood. c. All landscaping (trees and shrubs) must comply with the species list provided by Johnson'County Heritage Trust or similar list fr m the Iowa State extension. d. Prior to the Issuance of a building permit, Ow r shall obtain: i. Design' °Review Committee approval Lu�ludretaining ilding materials (including colors), and design and materials for the prop wall. ii. Planning stpff approval of a deta' ed plan for all landscaping, including landscape s eening of the retai ng wall, and plans for establishing and maintaining pr 'rie in the propos d open space, including species selection and long term m 'ntenance. e. Owner shall obtain a gr ing permi for the site and newly created slopes must be stabilized prior to issuanc of a bu" ding permit. 4. The Owner and City acknowledge t at the conditions contained herein are reasonable conditions to impose on the Ian under Iowa Code §414.5 (2009), and that said conditions satisfy public needs tha ar caused by the requested zoning change. 5. The Owner and City acknowle a that i the event the subject property is transferred, sold, redeveloped, or subdivid d, all rede lopment will conform with the terms of this Conditional Zoning Agreeme 6. The parties acknowledge t t this Conditional Z ning Agreement shall be deemed to be a covenant running with t e land and with title to the land, and shall remain in full force and effect as a covenan with title to the land, unless or until released of record by the City of Iowa City. The parties further a nowledge that this agreement shall inure to the benefit of and bind all successors, repr sentatives, and assigns of the parties. 7. The Owner acknowledges 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 any previous conditional zoning agreement(s) for this property are hereby declared null and void and shall have no further effect. 9. 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 ppdadm /agt/rez10 -00013 cza hickory trail.doc 2 Z o � N 0 Recorder's Office at the Owner's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Approved by: City Attorney's Office rk CITY OF IOWA CITY AC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) DGEMENT: This instrument was acknowledged be Hayek and Marian K. Karr, who did say City of Iowa City; that the seal affixed instrument was signed and sealed on I Council; and that the said Mayor and C of said instrument to be the voluntar voluntarily executed. CASEY BOYD, LLC, ACKNO STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was r� CASEY BOYD, LC By: By: C- 3 e on , 2011, by Matthew J. a they are the Mayor and City Clerk, respectively, of the e is the seal of said municipal corporation; that said alf said municipal corporation by authority of its City Clerk s such officers acknowledged that the execution act an deed of said corporation, by it and by them Notary Pub'�c in and for the State of Iowa GEMENT: r vledged before me on 2011, by me), as the (°title) of Casey Boyd, LLC. Notary Public in and for the State of Iowa ppdadm /agt1rez10 -00013 cza hickory trail.doc 3 Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239 (REZ10- 00013) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 2.97 ACRES LOCATED NORTHWEST OF THE INTERSECTION OF FIRST AVENUE AND HICKORY TRAIL TO AMEND A PREVIOUSLY APPROVED PLAN FOR A PLANNED DEVELOPMENT OVERLAY, MEDIUM DENSITY SINGLE FAMILY (OPD -8) ZONE. (REZ10- 00013) WHEREAS, the applicant, Casey Boyd, LLC, has requested an amendment of a previously approved Planned Development Overlay Medium Density Single Family (OPD -8) zone located northwest of the intersection of First Avenue and Hickory Trail; and WHEREAS, the Comprehensi Plan's design guidelines for ew neighborhoods emphasize efficient and compact design with densities of -7 dwelling units per acre; WHEREAS, the Northeast Distric Plan identifies lots fronti on the west side of First Avenue as appropriate for townhouse and multi -fame development; and WHEREAS, the applicant has propo d a 16 -unit multi -f ily building with vehicle access from an extension of Hickory Trail, reserving a large rtion of the lot a natural open space; and WHEREAS, the Planning and Zoning Co mission has r viewed the proposed rezoning and site plan and determined that it complies with the Cm ehensive P n provided that it meets conditions related to minimizing impacts on the adjacent park from urb n devel ment and compliance with all standards for the Planned Development Overlay; and WHEREAS, Iowa Code Section 414.5 (2009) pr vid that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, er and above existing regulations, in order to satisfy public needs caused by the rezoning request; and WHEREAS, the applicant/ owner acknowledges at ertain conditions and restrictions are reasonable to ensure that development of this property as an OP -8 zo complies with the Comprehensive Plan's vision for the Bluffwood Neighborhood as described in th Northeask District plan; NOW, THEREFORE, BE IT ORDAINED BY T L CITY COUN OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the nditional Zoning reement attached hereto and incorporated herein, property described below is hereb reclassified from its *rent zoning designation of Low Density Single Family Residential (RS -5) zone Planned Development Overlay Medium Density Single Family (OPD -8) zone: HICKORY POINTE, IOWA/CITY, IOWA IN ACCORDANC WITH THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS F THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUB ECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. SECTION III. ZONING MAP. The Building Inspector is hereby authoriz d and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment up the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and app val of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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 adjudg"to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whold<3r any section, provision or part thereof not adjudged invalid or unconstitutional. - C- SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final pa!iiage, approg and publication, as provided by law. MAYOR tr0 W Ordinance No. Page 2 ATTEST: CITY CLERK Approved by City Attorney's Office 0 C- Z t Prepared by Sarah Walz, Associate Planner, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ10- 00013) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Casey Boyd, LLC (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 2.97 acres of property located at the northwest corner of First Avenue and Hickory Trail; and WHEREAS, on Mar 10, 2009, Council approved Ord. (09 -4327) zoning this land Planned Development Overlay edium Density Single Family (O -8) to allow for the development of three six -unit residential uctures; and WHEREAS, the Owner has i quested an amendment to the development plan to allow for the construction of one 16 -unit rest ntial structure; and WHEREAS, the Planning and Z ing Commiss' n has determined that, with appropriate conditions regarding site design, buil 'ng and reta' ing wall elevations, vehicular and pedestrian access, landscaping, the establishm t and aintenance of a natural open space, and stabilization of slopes, the requested c nge o the development plan is appropriate in this location to allow the proposed 16 -unit multi a ily building; and WHEREAS, Iowa Code §414.5 (2009) pro 'des that the City of Iowa City may impose reasonable conditions on granting an pplican 's rezoning request, over and above existing regulations, in order to satisfy public n eds cause by the requested change; and WHEREAS, the Owner acknowle es that certain co ditions and restrictions are reasonable to ensure the development of the roperty is consisten with the Comprehensive Plan and the vision for the Bluffwood Neigh' rhood as expressed in the Northeast District Plan; and WHEREAS, the Owner agy6es to develop this property conditions of a Conditional /Zoning Agreement. NOW, THEREFORE, i�' consideration of the mutual promi agree as follows: / 1. Owner is tho/legal title holder of the property legally d accordance with the terms and contained herein, the parties as follows: HICKORY P6INTE, IOWA CITY, IOWA IN ACCORDANCE WITH�THE PLAT THEREOF RECORDED IN BOOK 55, AT PAGE 13, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.97 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF THE RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the pri c les of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §14.5 (2009) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing reglations, in orr to satisfy public needs caused by the requested change. ppdadmlagt/rez10 -00013 cza hickory trail.doc 1 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Site Plan submitted December 10, 2010, attached and incorporated herein, with regard to the layout, including the location and size of the building, retaining wall, and rear access drive. b. Substantial compliance with the building elevations submitted December 10, 2010, particul rly with regard to the variation in fagade; use of quality materials, including cement oard siding and stone veneer; roofli ; and window pattern and bays which br ak up the mass of the buildings a d ensure compatibility with the character the surrounding neighborhood, inclu ing single - family areas within the neighborhoo . c. A paved pede trian route must be provided be een the Hickory Trail right -of -way and the rear (w st) entrance to the building. d. All landscaping ees and shrubs) must co ly with the species list provided by Johnson County ritage Trust or similar list rom the Iowa State extension. e. Prior to the issuanc of a building permit, O ner shall obtain: i. Staff approval f building material (including colors), and design and materials for the oposed retaining all. ii. Staff approval of detailed plan or all landscaping, including landscape screening of the ret ining wall, d plans for establishing and maintaining prairie in the propose pen spa e, including species selection and long term maintenance. f. Owner shall obtain a grading p rmit or the site and newly created slopes must be stabilized prior to issuance of a b it ing permit. 4. The Owner and City acknowledge tha t e conditions contained herein are reasonable conditions to impose on the land nde Iowa Code §414.5 (2009), and that said conditions satisfy public needs that a e caus d by the requested zoning change. 5. The Owner and City acknowledg that in the vent the subject property is transferred, sold, redeveloped, or subdivided all redevelop ent will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge tha this Conditional Zonin Agreement shall be deemed to be a covenant running with th land and with title to the nd, and shall remain in full force and effect as a co/anowledge ith title to the land, unless until released of record by the City of Iowa City. The parties further that this agreement shall i re to the benefit of and bind all successors, re ves, and assigns of the parties. 7. The Owner cknowledges that nothing in this Conditional Zoning Agreement shall be construe to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. o 8. The parties agree that any previous conditional zoning agreement(s) for this proVy are hereby declared null and void and shall have no further effect. i 9. The parties agree that this Conditional Zoning Agreement shall be i=orporatted by ppdadm /agt/rez10 -00013 cza hickory trail. doc 2 reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor, Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDG STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 20 CASEY BOYD, LC go By: This instrument was acknowledged befor me on , 2011, by Matthew J. Hayek and Marian K. Karr, who did say at they are t Mayor and City Clerk, respectively, of the City of Iowa City; that the seal affixed her is the se I of said municipal corporation; that said instrument was signed and sealed o behalf of said mun ipal corporation by authority of its City Council; and that the said Mayor a City Clerk as such o ers acknowledged that the execution of said instrument to be the vol ntary act and deed of s id corporation, by it and by them voluntarily executed. Notary Public in and fck the State of Iowa CASEY BOYD, LLC, AdKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2011, by (name), as the (title) of Casey Boyd, LLC. r.a 0 Notary Public in and for the State of Iowa s ppdadm /agt/rez10 -00013 cza hickory trail.doc 3 SITE PLAN HICKORY POINTE 2ND ADDITION MA RFSUBDIMON 01 HICKORY PODI'PE" IOWA CITY, IOWA DI�T�AMMf __ sulmlymms lOB commix m IM CAM HO'iA rL0 109 9 1D�J1D MT mmm gnaw a. 160 WE ATI NO 160 7zo t r zR DWA cRL L =4 cORaYD1; L 5m Df� CEf, _jr&-A a 1! \ \t \ car& \ r MVG CAIIYOIf TI 16 UNIT BUBDING hT m c_ 3� 2 x11 T 2s ft� f_ i� I � /I/ -uvvur- 12c rj%m PMM 10A MMMI MMm AMA as xaa t tP�� aMM,MMM AIMA Mm IF I M, i L, ik�gllllll a1MDaM ION PNW . tlxax = MAWWIA NNW RAM lwmsly MM MIm1 x auaaM mMM AND MAMAS MMOL E CMmOR MM x a Miff= MMIMMM aaAMMOa DENSHV: IM 1 AMA .Max AC (111.x07 IF) OMLl10 MaA . M IMD 43x.IA _ !! 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AQ OMa11M Mh xmIML a VIM PARMNO NO ' xMMY M pa ri (W M)- X /ACM • IOM *ARA - n :Am IN= •A 99- x �Aa iAMa s VA� ACM IM MMM M m M IOMO, MOQ Mm SITE LIDHTIi Hc ALL Q W Mx MALL K DMOWN AM OULDS AM MV Ma>Om ]i M MMMM RMIa01t 11MIMM MMLL ME AJaMaM CR ox,MOMM 1A1. rOxli AT t! MM M M17C wool CAn uaMMMo MICAL QFFM SMION ■Mna aM � i • r xlaawa Mw F-1---- STAMMPD LE AND IIdM �Mlll mna — - - —= OMI YO - MMM- ar-Mlr LM — - - —_Clr: �M1.a - - xarMM NVM uo - - - - - -- - — -- i'�reortuo° ___________________ _ MMMa MGM„ ug pM6 - asoaMm saMM - atl -mm- - AMK M11M11 MAO °o o -inM` aAx x mo - MM M MwO VA -Ma WLK � IVIxIM[ aarMra aml M/xI1/1Y xDMI amel ��- ..........— - MMMM fIMY �1 IOMOM x1MM ml M� L"M -M{Y - MMM A I (r x,IgMN3 PROIOM a0a! _a M ,aM Q - MMMr mmuaM "m - oMaw axaMm Mm MN m ,Mwm MM 00M,Iaa11MM DooAm m MaMI AM 10 ML F V AND allalalRO MAaMMAM110 x A FFMML Or 11e somm M 2.97 ACRES M CiML HIGR�t.9 LM PLAMMM LM SURVMFS orn 5. B w9�_ :EWRR VS. MAYAS HICKORY POINTE. 2ND ADDITION IOWA CITY JOHNSON COUNTY IOWA e x a M MMS CONSULTANTS, INC.S ar 10 -1410 S wMp•ay rC_.�4 I "'"'- IOWA 7273 8 P ` 2.97 ACRES M CiML HIGR�t.9 LM PLAMMM LM SURVMFS orn 5. B w9�_ :EWRR VS. MAYAS HICKORY POINTE. 2ND ADDITION IOWA CITY JOHNSON COUNTY IOWA e x a M MMS CONSULTANTS, INC.S ar 10 -1410 S wMp•ay rC_.�4 I "'"'- IOWA 7273 — -- --------- ON m mi ■ 11R_ M - ---- -------------- ■--- ------ --- ------- ------ ---- ---------- - ---------- -- - ------ - I ------ - --------- - ---------- - ---- - ------ - ----- --- --------- E-11I R M "TC', 'Elm .. .. New Ell M; 9 1 -------- OWN __ ... ... ... No _—. - um�w --------- --- HI No. ... _ A NER ---- - �..� __ - - - ----------------------------------- . .... .. .... = NI - ---- gg .11 INN, -- ------------ -- ---- - IN ... IN! -- ton ... ... ---- -- Ell ------ ---a -------- J w Mow AWK -------- --- -------- -- � ----- — ------- --------- - 1� — -------- ---- ---- --------- — ---- ---------- -- - -------------------------------------- m M, 710 i wa V. 1, 1, Mr 301 S! rD- —M M—M—M ff NO NO I M..P. M.. N.:111: HIM: s� IMF _q;FMg To: Planning & Zoning Commission Staff Report Prepared by: Sarah Walz Item: REZ10 -00013 & SUB10 -00012 Date: December 16, 2010 Hickory Pointe (a re- subdivision and amendment to an approved OPD -8 plan ) GENERAL INFORMATION: Applicant: Casey Boyd, LLC 25012 B Avenue, Suite 150 Coralville, IA 52241 Contact Person: Casey Boyd cjboyd @msn.com 319- 354 -8118 Requested Action: A re- subdivision of and amendment to an approved OPD -8 Plan; Preliminary Plat and Sensitive Areas Development Plan approval Purpose: To combine 3 lots into 1 for the purpose of constructing 16 -unit apartment building. The previously approved OPD -8 Plan was for three, 6- unit townhouse style buildings. Location: West of First Avenue as an extension of Hickory Trail. Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District File Date: 45 -day limitation period: 2.97 acres Planned Development Overlay (OPD -8) North: Undeveloped (ID -RS) South: Park (P1) East: Undeveloped, Residential Single- family (RS -5) West: Undeveloped (ID -RS) The Northeast District Plan identifies these lots for townhouse development. Hickory Hill (C8) 25 August 2010 Revised plan submitted November 27 January 13, 2011 2 BACKGROUND INFORMATION: The subject property consists of approximately 2.97 acres, located along the west side of First Avenue and north of the intersection of First Avenue and Hickory Trail. Adjacent, undeveloped land directly to the west is owned by ACT and is zoned Interim Development, Single - Family Residential (ID -RS). Property directly to the east (across First Avenue) contains two undeveloped single - family lots along a steep ravine. Further east, along Hickory Trail, the neighborhood is low- density, single - family residential (RS -5). To the south is an entrance to Hickory Hill Park. With the exception of property at the northwest corner of First and Rochester Avenues, all properties along First Avenue, south of Hickory Trail, are zoned RM12 or OPD -12. The applicant is seeking to amend an Planned Development Overlay (OPD -8) plan that was approved in 2008. Prior to that the property was zoned Low Density, Single - Family (RS -8). The OPD -8 re- zoning was conditioned on a proposed plan for 3 buildings with 6 townhomes each. All townhomes were accessed via a private rear drive off of Hickory Trail. The plan included an area of private usable, open space at the southwest corner of the property that also served to screen the development from Hickory Hill Park to the southwest. The applicant has indicated that the reason for the requested change is to further cluster development on the property to minimize the area of land that would need to be graded. The applicant is now proposing to re- subdivide the property to combine the previous 3 -lot subdivision into one lot in order to construct a single building with 16 condominium units (2 -3 bedrooms each). The proposed building would have vehicle access from Hickory Trail. Required parking will be provided beneath and behind the building, with garage entrance from the rear (west) side of the building. The submitted plan shows the northern half of the property as open space with a portion to be planted as prairie. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a meeting with neighboring residents as well as with a representative of Friends of Hickory Hill Park. ANALYSIS: Current zoning: The current OPD -8 zoning was conditioned upon a specific site plan that included 18 townhomes and private, usable open space at the southwest corner of the site. The RS -8 zone, to which the current OPD -8 zone refers, is primarily intended to provide for development of small lot single - family dwellings. The minimum lot size in the RS -8 zone is 5,000 square feet for detached housing. The density bonus provisions allow the minimum lot size to be reduced to 4,000 square feet if vehicle access is restricted to a private rear lane. Under the RS -8 zoning, the applicant could build approximately 13 detached units along the First Avenue frontage if vehicle access was restricted to a private rear lane, with an additional 2 -3 lots along an extension of Hickory Trail. The Planned Development Overlay designation is intended to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate, and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of the zoning, inconsistent with the Comprehensive Plan, or harmful to the surrounding neighborhood. The OPD zone is intended to: 1. Provide flexibility in the design, placement, and clustering of buildings; mixture of land uses; use of open space; traffic circulation and parking; and related site design considerations. 2. Encourage the preservation and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; 3. Promote efficient land use with smaller utility and street networks while maintaining pedestrian oriented street frontages; 4. Encourage and preserve opportunities for energy- efficient development; PCD \Staff Reports \rez10 -00013 hickory pointe staff report.doc 3 5. Promote an attractive and safe living environment compatible with surrounding residential developments; 6. Provide and alternative method for redeveloping older residential areas; and 7. Encourage infill development. The subject site contains man -made regulated slopes and the topography is such that vehicle entry from First Avenue would be impractical. Moreover, it is the policy of the City to restrict the number of curb cuts along arterial streets. The applicant has proposed a plan that provides all vehicle access off an extension of Hickory Trail, with required parking provided beneath and behind the building. Compliance with Comprehensive Plan: The Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design, stating that densities of 5 to 7 dwelling units per acre "allow the expense of installing streets and sewer and water lines to be spread out among more homeowners and will make it easier and less expensive for the City to provide municipal services." While the predominant land use in the Northeast District neighborhoods is detached, single - family housing, the Comprehensive Plan envisions a mix of housing types throughout the district, including the location of townhouses and small apartment buildings along arterial streets and near institutional facilities and parks. The plan states, "Where density increases occur or lot sizes are reduced, the design of both the streetscape and structures within the development should receive careful review to ensure compatibility in terms of appearance and scale." Staff believes the proposed development does comply with the Comprehensive plan. The Bluffwood Neighborhood subsection of the Northeast District Plan designates lots along the west side of First Avenue as appropriate for multi - family uses. The plan calls for multi - family and townhouse buildings to be "compatible with neighborhood architecture in terms of design and scale." A number of apartment buildings have already developed to the south along First Avenue. The nearest multi - family building at the southeast corner of the Hickory Trail and First Avenue is a two -story, structure that staff believe complements the single - family neighborhood to the east. The proposed building was modeled on that structure, using sunroom bays and a mix of quality materials to break up the large facade and creating entrances along the First Avenue and Hickory Pointe frontages that address the street. While the Northeast District plan shows these particular lots as appropriate for townhouse style development, the applicant has indicated that the amount of the site that would need to be graded in order to establish townhomes (as was proposed with the original OPD -8 plan) is prohibitive. The proposed plan concentrates density in a single building at the south end of the property, preserving the northern half as open space. The plan shows a large portion of the lot planted as native prairie, which complements not only the ACT property to the west, but the large natural area that his Hickory Hill Park to the southwest. A cluster of trees at the southwest corner of the property will help to screen the rear of the building from the park. The Northeast District Plan also addresses the potential impact of urban development on the integrity of Hickory Hill Park. Among its neighborhood planning principles, the plan calls for incorporating and maintaining a green open space buffer between Hickory Hill Park and urban development to preserve the natural integrity of the park." Property to the west of the site (owned by ACT) is currently undeveloped, but is identified in the future land use map for single - family uses. The Northeast District plan stipulates that future development of this property be in the form of a conservation -style subdivision with access off a continuation of Hickory Trail as a single - loaded street (houses along one side of the street only) PCD \Staff Reports \rez10 -00013 hickory pointe staff report .doc M to preserve access and views of Hickory Hill Park to the south and west. General Planned Development Approval Criteria Applications for Planned Development re- zonings are reviewed for compliance with the following standards according to Article 14 -3A of the Iowa City Zoning Ordinance. 1. The density and design of the Planned Development will be compatible with and /or complementary to adjacent development in terms of land use, building mass, and scale, relative amount of open space, traffic circulation and general layout. Density: The overall density of the planned development proposed for this site is approximately 6 -7 dwelling units per net acre. After accounting for streets, storm water management and open space, RS -8 zones have typically developed with approximately 5.2 units per acre, although theoretically up to 8 dwelling units per acre are allowed if there is no need to devote land to infrastructure. In staff's view, the density proposed for this development is compatible with the neighborhood, as it is located adjacent to higher density development on lots along First Avenue, south of Hickory Trail, with lower density single - family neighborhood located further to the east beyond the ravine. By constructing a single building, the plan will preserves approximately half of the site as open space. Land uses proposed and general layout: The topography of the site along with its location along an arterial street (which requires 40 -foot setbacks) and the preference for a rear lane to limit curb cuts, all reduce the amount of useable private space for the development and make the construction of traditional detached housing more difficult. Thus the applicant is proposing a single, multi - family style building. The proposed plan preserves the northern half of the property as open space —a portion of which is to be planted in native prairie. This open space area is not practically accessible for future residents of the condominiums due to the steep slopes that will be created in order to allow the proposed development. However, restoring this area to native prairie would visually complement the prairie restoration on the abutting property owned by ACT and, if installed and maintained correctly, would help to minimize erosion on the slopes. Staff recommends that the rezoning be conditioned upon the applicant providing a plan for installing and maintaining those portions of the site designated as prairie on the landscape plan. This will ensure that the future condominium association understands its obligations to maintain the property and avoid allowing the area to become invaded by non - native or undesirable plant species. The site plan shows the garage entrance to underground parking on the rear (west side of the building). Building entrances are provided on the east, west and south sides of the building with a handi- capped accessible entrance provided at grade from the rear parking lot as well as from the First Avenue right -of -way. Staff recommends improving accessibility by providing an additional pedestrian route from the Hickory Trail right -of -way. This would allow better access to the property for visitors. Mass and Scale: The proposed building would be 162 feet in length and 94 feet wide, with sun porch bays projecting another 10 feet on the east and west sides of the building. The maximum height of the building proposed is 35 feet, which is within the height limit allowed for single - family zones. Given the size of the building, staff believes careful attention to design detail is necessary to assure that such a large and highly visible building is compatible with the existing neighborhood and any future single - family development to the west as well as the adjacent park. PCD \Staff Reports \rez10 -00013 hickory pointe staff report.doc 5 Staff believes the proposed design of the building is compatible with the adjacent residential development —both multi - family and single - family portions of the neighborhood. The basic form of the proposed building is modeled on the 2 -story multi - family building located at the southeast corner of First Avenue and Hickory Trail, with the fagade of the building articulated by 10 -foot deep bays and garage entrance to the rear of the site as required by code. Both street facades feature formal entrances. The building will not exceed the 35 -foot height limit for the zone. The proposed building is finished with quality materials: brick on the main bulk of the building with cement board siding on the bays and masonry veneer base. While the proposed building is limited to 35 feet in height, the grading necessary for the construction of the proposed building requires a retaining wall along both street frontages. The retaining wall, portions of which will be up to 10 feet in height, is set approximately 15 feet from the Hickory Trail right -of -way and nearly 30 feet from the First Avenue right -of -way. While landscape screening would help to soften views of the wall, staff believe that special attention should be given to the construction materials used in order that the wall fit into the streetscape and not detract from it. Staff would recommend a natural looking stone wall as well as landscaping that complements the natural surroundings, including the prairie restoration on site. Given the height and length of the wall, which runs nearly 150 feet along First Avenue, staff recommend that final design and landscape screening of the wall be approved by the Commission or approved by staff at a later date if it is not ready for review prior to the Commission's vote. 2. The development will not over burden existing streets and utilities. The density of development is appropriate along First Avenue, which is an arterial street. In general, the Comprehensive Plan recommends higher density development along arterial streets and the future land use scenario in the Northeast District Plan identifies these lots as townhomes. As stated above, vehicle access to the development will be restricted to a single access point from an extension of Hickory Trail, with parking underneath and behind the building. This will minimize the number of curb cuts along the arterial street. Transportation planners have reviewed the site plan and determined that sight distance for the access point is safe. With the previous rezoning staff received a number of calls from area residents expressing concern that traffic turning into the development would be difficult or unsafe. A memo from the transportation planner regarding the efficiency of turning traffic at this location was attached to support the safety of this intersection. 3. The development will not adversely effect views, light and air, property values and privacy of neighboring properties any more than would conventional development. Because the Northeast District Plan calls for sensitive development adjacent to the park, and because there continues to be considerable concern about the impact of development on the park, staff has recommended three things that the developer could do to mitigate views of the development from the park: • First, choose landscaping that is sensitive to the site's proximity to Hickory Hill Park. Trees and shrubs for the site from a list of native species provided by Johnson County Heritage Trust. ;rairie, Second, restore the northern portion of the site, as well as sloped areas to native preserving areas between the building and the right -of -way, and directly adjacent to the right -of -way for more traditional landscaping (sod). This will complement restoration efforts on the ACT property to the west and will minimize maintenance for the condominium association and reduce the potential for erosion on the site. It is essential the developer provide an approved maintenance plan for these areas to assure that they PCD \Staff Reports \rez10 -00013 hickory pointe staff report.doc A are sustained in a manner that does not encourage weeds or invasion by alien or undesirable plant species. . Third, give careful consideration to the buildings materials and color (including roofing materials) in order to soften the views of the development from the park. For example, the existing houses that abut the park along Seventh Avenue, near the Bloomington Street entrance to the park, are sided /painted in dark earth -tone colors. This minimizes their appearance from the park such that they blend in with the trees. The commission or staff should approve final building materials, including colors, to ensure that they do not detract or stand out from the park. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purpose of the zoning code, and with other building regulations of the City. For the reasons described above, staff does believe that the proposed land use and building type, and density proposed are appropriate at this location. In constructing a single multi -unit building, the proposal reserves nearly half of the site for open space. By concentrating development at the southern end of the site, the proposal avoids disturbing critical slopes along the northern third of the property and minimizes disturbance of most of the manmade steep slopes on the northern half of the property. However, in order to develop the site as proposed, the topography of the site must be altered significantly, creating new slopes with grades of up to 25 %. While the zoning code requires a grading plan for disturbance of existing steep and critical slopes, no such requirement is exists for the creation of new slopes. Given the magnitude of grading proposed for this site, staff recommends that the applicant be required to secure a grading permit and that newly created slopes be stabilized prior to issuance of a building permit. This will help ensure that erosion and run -off are minimized and that slopes are not compromised during the construction process. Staff would also like to address long term maintenance of the prairie plantings —this needs to be recorded in order that the homeowners association understands its obligations to maintain the area. In other words, a maintenance plan needs to be submitted and reviewed for approval. There is a concern that if the maintenance is not addressed the City would simply be permitting the proliferation of weed species. The applicant may want to look to some sort of partnership with ACT, which is restoring prairie species on the land that surrounds this. This may offer a cost - effective way for the homeowners to achieve proper maintenance. Level II Sensitive Areas Review The applicant has applied for approval of a Sensitive Areas Development, a type of planned development. The purposed of the Sensitive Areas Ordinance (SAO) is to permit and define reasonable use of properties that contain sensitive environmental features and natural resources, and allowing reasonable development while protecting these resources from damage. The subject site contains steep and critical slopes, both of which are regulated through the (SAO). The purpose of regulating development on and near steep slopes is to promote safety in the design and construction of developments; to minimize flooding, landslides, and mudslides; to minimize soil instability and erosion; and to preserve the scenic character of hillside areas, particularly wooded hillsides. As explained above, staff believes a grading plan is appropriate in this circumstance given the substantial amount of grading necessary to develop this site as as proposed. Neighborhood Open Space: The zoning ordinance requires the dedication of .1033 acres (4,500 PCD \Staff Reports \rez10 -00013 hickory pointe staff report.doc 7 square feet) of neighborhood open space for a development of this size. The developer has agreed to dedicate the 1,920- square -foot portion of land on the south side of Hickory Trail such that the boundary of Hickory Hill Park will extend to the street. This proposal will be referred to the Parks and Recreation Commission. In lieu of additional open space, the applicant will be required to pay fees equal to the value of 2,580 square feet of land. Sanitary Sewer: A sewer connection is available along First Avenue right of way. A new sewer line will be constructed along the Hickory Trail for any development to the west. Storm water management: Storm water drains are indicated on the site plan on the private rear lane and on the new section of Hickory Trail. This system will tie into the existing storm water system on First Avenue and Hickory Trail. Summary: In staff's view, this proposal is consistent with the principles of the Northeast District Plan, which identifies lots on the west side of First Avenue as appropriate for multi - family and townhouse development, as well as the Comprehensive Plan's design guidelines for new neighborhoods emphasize efficient and compact design with densities of 5 to 7 dwelling units per acre. In staff's opinion the proposed density is appropriate and compatible in the context of neighboring development, which includes multi - family development in the RM -12 zone along First Avenue. Staff believes the proposed design of the building, with its projecting sunroom bays, and variation in materials to break up the mass of the building, is compatible with the character of the neighborhood, including those nearby single - family uses. By clustering density at the south end of the site the proposed development preserves half of the site as open space. By planting a large portion of the open space in native prairie the site will blend in with the park and adjacent prairie restoration on the ACT property. By providing vehicle access from Hickory Trail, rather that direct access onto First Avenue, the proposed plan minimizes curb cuts onto the arterial street and provides for efficient and safe ingress and egress from the development. STAFF RECOMMENDATION: Staff recommends that REZ10 -00013 & SUB10- 00012, an application submitted by Casey Boyd, to amend a the current Overlay Planned Development, Medium - Density Single- Family Housing (OPD -RS8) zone and approve a preliminary plat of Hickory Pointe for approximately 2.97 acres of property located on the east side of First Avenue, at the intersection of First Avenue and Hickory Trail be approved subject to the following: 1. Substantial compliance with the site plan and elevations submitted; 2. An accessible pedestrian route be provided between the Hickory Trail right -of -way and the rear (west) entrance to the building; 3. Detailed plan for establishing and maintaining portions of the site to be planted in native prairie; 4. All landscaping (trees and shrubs) to comply with the species list provided by Johnson County Heritage Trust or similar list from the Iowa State Extension; 5. Commission or staff to have final approval of building materials (including colors), design and materials for the proposed retaining wall, and all landscaping for the site; 6. The applicant will be required to secure a grading permit for the site; 7. All newly created slopes, south and west of the buidling, will be stabilized prior to issuance of a building permit. PCD \Staff Reports \rez10 -00013 hickory points staff report.doc M ATTACHMENTS: 1. Location Map 2. Preliminary plat 3. Elevations of the building 4. 3 -D view of the proposed retaining wall 5. Memo from transportation planner regarding safety of the intersection 6. Image from Northeast District Plan Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports \rez10 -00013 hickory pointe staff report.doc Scale: I" =300' CITY OF IOWA CITY N U � f Z { W r _ O R OPD8 l J ........, a ..._,_ T .....,.� HICKORY TRAIL Hickory -„ Hill Park 2 BWFFWOOD CIR i r. I SITE LOCATION: Hickory Pointe 2nd Addition SUB10- 00012 /REZ10 -00013 SITE PLAN HICKORY POINTE 2ND ADDITION 'A WWMMx 61 MMIff Ponira' IOWA CITY, IOWA wry .° z,�� ,y M = L am* OamWi L e¢ DY @L L um Ae flog 6MANI ..... �.: ms's tee.- ...�.,.,....�.,... _...� Nuffiamemsm 1—= 'r :� a..•`�i� r -on cc m ADMMN Pq Rq s »> >m AzIIIII= w ®CMI� T- SITE PLAN HICKORY PONTE. 2ND ADDITION IOWA Cm J� OM COOMIY IOWA PRELIMINARY PLAT HICKORY POINTE, 2ND ADDITION 'I UMMMN M=RY POW IOWA CITY, IOWA IIa � m ammt� W. cJ wm IIC Jul w<W w�R�w. =i A @m m!iOlRw we aw COMMA nwM nnmeaw t 6 s k3 if i a 6ao MO fYLL IY� R u m w K 1�lM�l�a A�al11M[ i OEw mown[ ao�a wu t nol® va Ta4Lx1 s x MIAL NpYIT Cw CM,1� M w TM M MT lOm �wm M y rt Ttiw 1y M lw M Momm 01w R x Awil WAIT wf�ll OIIL WIW�O i.A Awi i �.T w Tilaelt s Iess s mn lflAl011� �O MO IOa - wig 3Qt �a =:six - wv wo p - sTs ME w..�va www Av �-=70 Pq cm 10 9 111® P� Llm !n>l1lf�B YMCA 1�'A PRELIMINARY PLAT HICKORY POINTE, 2ND ADDITION IOWA CITY JOHNSON COUNTY IOWA i Mm6 CONSUL -rmm. 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We ` .. ; .. ... m LE Eno L 1111111 - -- _■ �■I■ -. ■�■ .:'_ ■ ■_ ■.i ■ -■ ;in n _ ■ _ ■■.� ■■ ■■ ■ ■_ ■.. == = = = = =_ = == ------------ - - -- -- = = = =- = =-- = = =-------------- liv f s rr` Al "oil 11 T YY' e� J,` - yam•:' � � - .. ` _ ��� - •r . ti, > ism- ' r1 _*L *"mom � ,,ITY OF IOti.A CITY MEMORANDUM Date: December 23, 2008 To: Bob Miklo, Senior Planner Sara Walz, Associate Planner From: Kent Ralston, JCCOG Assistant Transportation Planner Re: Hickory Trail / 1st Avenue Intersection At your request, staff observed traffic patterns at the Hickory Trail / 1st Avenue intersection. Specifically, the observations were intended to address concerns that northbound traffic would have difficulty making left -turns (westbound) into the proposed residential development west of 1St Avenue and north of Hickory Hill Park. The following assumptions were made for the purposes of this study: • The proposed development would include 20 (3 bedroom) units that would generate a total of approximately 140 trips per day (7 trips a day per household), all entering /exiting via an access opposite from Hickory Trail • Approximately 12 percent of the total generated daily trips (17) would be entering /exiting the proposed drive during peak travel times; 12 percent is a generally accepted rule per traffic engineering standards • Delay for current southbound to eastbound turning movements will be similar to that of future northbound to westbound turning traffic • Said intersection operates relatively well from a traffic engineering perspective and has had no collisions since 2001. Staff observed that during PM peak hour traffic, a majority of southbound to eastbound motorists turning left from 1St Avenue to Hickory Trail experienced no delay and were able to freely negotiate said movement. The remaining vehicles that were required to stop and wait for a gap in northbound traffic experienced no more than an 11 second delay to perform the desired movement (this is an acceptable level of delay per traffic engineering standards). Using the stated assumptions, and the results of our observations, staff does not feel that motorists will experience unacceptable delays when accessing the proposed drive at said location. Staff recommends re- evaluating the intersection before any significant development to the east or west of this intersection is proposed. Jccogtplmemos /l stave hickorytr.doc Bluffwood J 44 9 -A J .......... if 4 0 OffIcr Rewarrh Park ("OrnpurrCul-On" St4thborhwA (ummcrrial Small tp,tmrnt Huddin2 rown llou,t Sinxte vamih kwstivx Sttswratial Open SP*re Public Senicr In'litullonal i`°Ij-a 46 Ys L J L J. % View of the land use plan for the Bluffwood Neighborhood (Northeast District Plan). The plan shows town house and apartment development along the west side of First Avenue, north of Hcikory Trail. PC aK 46 Ys L J L J. % View of the land use plan for the Bluffwood Neighborhood (Northeast District Plan). The plan shows town house and apartment development along the west side of First Avenue, north of Hcikory Trail. PC 01 -25 -11 6c Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ARTICLE 4E, SUBSECTION 8C, NONCONFORMING SIGNS, TO ALLOW MODIFICATION OR REPLACEMENT OF A SIGN FACE ON CERTAIN NONCONFORMING SIGNS LOCATED WITHIN 1000 FEET OF AN INTERSTATE HIGHWAY RIGHT -OF -WAY (REZ10- 00017). . WHEREAS, the Zoning Code allows tall, large signs in the Highway Commercial Zone within 1000 feet of an interstate highway so that the signs are visible to travelers along the interstate highway; and WHEREAS, there are only two interstate highway interchanges in Iowa City that are intended for commercial development and the Highway Commercial zoning designation is no longer used at one of those interchanges, making any existing tall highway sign in this area nonconforming; and WHEREAS, the City's Zoning Code allows changes or alterations to existing nonconforming signs in only very limited circumstances with the intent to eliminate nonconformities over time; and WHEREAS, given the significant private investment to install a tall, large sign structure, it is reasonable to include changes or alterations to such non - conforming signs among the limited circumstances where such changes are allowable; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning code amendment and found it consistent with the broad intent and purpose of the zoning ordinance and therefore recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Deleting paragraph 14- 4E -8C -3 of the zoning ordinance and substituting in lieu thereof: 3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of Article 14 -513, Sign Regulations, with the following exceptions: a. Nonconforming signs that are deemed. historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in.; paragraph 4, below. b. On signs located within 1000 feet of an interstate highway that are legally non- conforming with regard to sign area or height limitations, the existing sign face may be changed or replaced, provided the sign meets all of the following criteria: (1) The sign is located on property that is zoned commercial; (2) The sign is not a hazardous sign, as defined in this Title; and (3) If the sign is located in an area subject to regulation due to its proximity to the Iowa City Municipal Airport, a determination of "no hazard to air navigation" has been received from the FAA. Ordinance No. Page 2 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 12011. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright First Consideration 1/25/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Champion. NAYS: Bailey, Wright. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN DINANCE AMENDING THE TITLE 14, ARTICLE 4E, SUBSE TION 8C, NON ORMING SIGNS, TO ALLOW MODIFICATION OR REPLACEMEN OF A SIGN FACE ON CERTAIN NONCONFORMING SIGNS LOCATED WITHIN 1000 EET OF AN INTERSTAT IGHWAY RIGHT -OF -WAY (REZ10- 00017). WHEREAS, e City's Sign Ordinance allows modifications to existing non onforming signs in only very limite ircumstances with the intent to eliminate nonconformities ver time; WHEREAS, the ' n ordinance allows taller, larger signs in the Highwa Commercial Zone within 1000 feet of an interstate highway so that the signs are visible t travelers along the interstate highway; and WHEREAS, there are my two interstate highway interchanges in Iowa City that are intended for commercial dev opment and the Highway Commercial oning designation is no longer used at one of those i erchanges, making an existing tall ighway sign in this area nonconforming; and WHEREAS, significant private i vestment is made to install a t ler, larger sign structure, so limited allowance to replace a sign f e on such an existing non onforming sign is reasonable provided the property is still zoned for ommercial use, the sig is in good condition, it doesn't violate airport height restrictions; and WHEREAS, the Planning and Zoning amendment and found it consistent with the and therefore recommends approval. NOW, THEREFORE, BE IT ORDAINED CITY, IOWA: mission has r sewed the proposed zoning code road intent ad purpose of the zoning ordinance SECTION I. The Code of Ordinances of the 7ina follows: Deleting paragraph 14- 4E -8C -3 of the zoning o COUNCIL OF THE CITY OF IOWA Iowa City, Iowa is hereby amended as and substituting in lieu thereof: 3. Other than for routine maintenance, if a onconfo ing sign is changed or altered in any way it must be brought into comps' nce with th rovisions of Article 14 -56, Sign Regulations, with the following excep ons: a. Nonconforming signs that are eemed historic, sig s for a historic structure and signs on structures in a Histor c Preservation Overl Zone may qualify for a special exception as describ din paragraph 4, below. b. On signs located within 10 0 feet of an interstate highw that are legally non- conforming with regard to ign area or height limitations, a existing sign face may be changed or repla ed, provided the sign meets all o the following criteria: (1) The sign is locat d on property that is zoned commerce I; N (2) The sign is not hazardous sign, as defined in this Title; nd GD (3) If the sign is to ated in an area subject to regulation due to I proximity%O the Iowa City municipal Airport, a determination of "no hazard air navigation" h s been received from the FAA. - J aai N � 1�� Ordinance No. Page 2 SECTION I . EPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance ar ereby repealed. SECTION III. SEV BILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or u nstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or an section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. s Ordinance shall be in effe after its final passage, approval and publication. Passed and approved this day of 011. MAYOR ATTEST: CITY CLERK roved by City Ati&,ney's Office �r Z +J a s. m N City of Iowa City MEMORANDUM Date: December 2, 2010 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: REZ10 -00017 - Request to amend the Zoning Code to allow taller signs in the CI -1 Zone near Interstate Highways Background Billion Motors has submitted a request to amend the Zoning Code to allow taller signs on property in the Intensive Commercial (CI -1) Zone. Such an amendment would allow them to change the sign face on the existing nonconforming 50 -foot freestanding sign located on their property at 2641 Mormon Trek Boulevard near the Highway 218 interchange with Highway 1. As you may recall the Billion Motors property was recently rezoned from Highway Commercial (CH -1) Zone to CI -1 in order to expand the car dealership on the property. Car dealerships are considered Outdoor Storage and Display - Oriented Retail Uses," which are not an allowed use in the CH -1 Zone. By rezoning the property to CI -1, the car dealership is now a permitted use and is allowed to expand. However, the existing 50 -foot sign became nonconforming when the property was rezoned because freestanding signs are only allowed to exceed the 25 -foot height limit and the sign face size limit if they are located in a CH -1 Zone within 1000 feet of an interstate highway right -of -way. Analysis The purpose of the Highway Commercial Zone is to permit uses such as restaurants, motels, gas stations, and other motor vehicle services in locations that are convenient to highway travelers. Each CH -1 zoned property located within 1000 feet of an interstate highway right -of -way is allowed to have one freestanding sign that is up to 65 feet in height and up to 250 square feet per sign face, so that the sign is more readily visible to highway travelers in need of such services. In comparison, freestanding signs in the CI -1 and Community Commercial (CC -2) Zones are not allowed to exceed 25 feet in height. The only other commercial zone that allows freestanding signs is the Central Business Service (CB -2) Zone, where the height cannot exceed 20 feet. When the applicant's property was rezoned to CI -1, the existing 50 -foot freestanding sign became nonconforming. Lawfully established signs that become nonconforming due to a change in the zoning are allowed to remain in use. However, other than for routine maintenance, any nonconforming sign that is changed or altered in any way must be brought into conformance with the sign Page 2 regulations, including the height limitations. Understandably, the applicant wants to change out the sign face on their sign to reflect the change in dealership. The applicant cites the cost of replacing the sign and the fact that they invested in the property assuming they would be able to continue to use the existing sign structure as reasons to allow replacement of the sign face on the existing sign structure. The applicant suggests amending the code to allow taller signs in the CI -1 Zone. In contrast to the Highway Commercial Zone, the Intensive Commercial Zone has a much broader range of uses allowed, many of which do not provide highway - related services. As illustrated on the attached zoning map, there are numerous CI -1 zoned properties located near the Highway 218 / Highway 1 interchange. Staff is concerned that opening the door to taller highway signs in the CI -1 Zone, even if limited to properties within 1000 feet of an interstate right - of -way, will lead to a confusing and unsightly clutter of tall signs near this interchange, many of which will not be advertising services intended for travelers. As an alternative, staff suggests a more limited amendment to the nonconforming sign provisions that would allow changes to the sign face on existing nonconforming freestanding signs that exceed height and sign face size limitations. Such an amendment would acknowledge the larger investment that is made to construct taller and /or larger signs and allow them to be re -used as long as the sign is in good condition, the property is still zoned commercial, and if located close the airport, the sign has not been deemed a hazard to air navigation by the FAA. The only remaining properties zoned CH -1 are located along the northern edge of the city near the Interstate 80 interchange with Highway 1 (see attached map). Currently, there are only a few tall highway signs in existence. Given the limited number of properties and signs that would be affected by this amendment, staff finds the code amendment outlined below to be a more appropriate solution to the problem posed by the applicant than allowing taller signs on all CI -1 zoned properties as suggested by the applicant. Recommendation Staff recommends that paragraph 14- 4E -8C -3 of the zoning code be amended as indicated on the following page. The underlined text is the suggested new language and strike - through notation indicates text that will be deleted. All other language in the subject code section will remain unchanged. Page 3 C. Nonconforming Signs It is the intent of these provisions that nonconforming signs be eliminated over time as set forth below: 1. All lawfully established signs that become nonconforming due to a change in zoning or a change in the development regulations are permitted to remain as nonconforming signs. 2. The owner of a nonconforming sign is required to maintain the sign in such a manner as to avoid it becoming a hazardous sign. 3. Other than for routine maintenance, if a nonconforming sign is changed or altered in any way it must be brought into compliance with the provisions of Article 14 -513, Sign Regulations, with the following exceptions: a. HeweyeF, Nonconforming signs that are deemed historic, signs for a historic structure and signs on structures in a Historic Preservation Overlay Zone may qualify for a special exception as described in paragraph 4, below. b. The sign face may be changed or replaced on an existing nonconforming freestanding sign located on property within 1000 feet of an interstate highway right -of -wax that was allowed to exceed the 25 foot height limit and /or the allowable sign area at the time it was constructed, provided the sign meets all of the following criteria: (1) The sign is located on property that is zoned commercial; (2) The sign is not a hazardous sign as defined in this Title; and (3) If the sign is located in an area subject to regulation due to its proximity to the Iowa City Municipal Airport a determination of "no hazard to air navigation" has been received from the FAA. ATTACHMENTS: 1. Application materials 2. Map of zoning designations that surround the Highway 218/ Highway 1 interchange and the Interstate 80/ Highway 1 interchange Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development fiA CO FqX IN CO. O"A November 12, 2010 Karen Howard Iowa City Planning and Zoning Commision 410 E. Washington St. Iowa City, IA 52240 RE: Pylon Sign Ordinance Amendment Dear Karen. We are submitting this application for rezoning on behalf of.lim Price from Billion Hawkeye. Billion Hawkeye is requesting an amendment to the current ordinance which does not allow tall highway signage in Cl -I zones. My client believes this amendment is warranted because this sign is existing. The sign was previously approved by the low a City zoning and permitting departments and is now in question because the property was re- platted. We are submitting the following documents as required with the application for rezoning. *Legal Description *Location Map and the property owners within 300' -0 of the property c_ *Applicant fee of $455.00 ° *Applicants Statement (noted above). Z O Should you require any additional items, please let me know. N ? [11 Sincerely, CO H &R Construction Co. s 1000 West 24'x' Street, Ste. 215A I South Sioux City, NE 68776 1 Phone: 402.412.3550 1 Fax: 402.412.3552 � as Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ10- 00015) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 49.3 -ACRES OF LAND LOCATED AT FIRST AVENUE AND MUSCATINE AVENUE AND AMENDING SECTION 14 -3C OF THE ZONING CODE TO ESTABLISH THE TOWNCREST DESIGN REVIEW OVERLAY DISTRICT. (REZ10- 00015) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located near the intersection of Muscatine Avenue and First Avenue to establish a Design Review Overlay District; and WHEREAS, the existing zoning in this location is comprised of Community Commercial (CC -2), Commercial Office (CO -1), Medium Density Multi - Family (RM -20), and Low Density Single Family (RS -5); and WHEREAS, the purpose of the Design Review Overlay District is to support a unifying theme for an area in order to spur economic development by providing careful review of new construction and alterations of existing structures; and WHEREAS, the City hired RDG Planning and Design to develop a design plan for the area based on public input gathered at public meetings with City Staff, area property owners, and area residents; WHEREAS, RDG Planning and Design developed the Towncrest Urban Renewal Area Design Plan Manual to establish a cohesive vision for the Towncrest Area; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Design Plan Manual and the Design Review Overlay District and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as the Towncrest Design Review Overlay District: LEGAL DESCRIPTION Lots 1 -4, Block 5; Block 6; Lots 1 -4, Block 7; the N 100' of Lot 1 & the E 22' of the N 100' of Lot 2, Block 14; and the S 75' of Lot 8 & the E 10' of the S 75' of Lot 7, Block 15, and to the centerline of all adjacent rights -of -way, East Iowa City Subdivision, Iowa City, Iowa, according to the plat thereof; and Lots 5 -19, Block 1; Lots 8 -10, Block 2; and Lots 7 -9, Block 3, and to the center line of all adjacent rights - of -way, Towncrest Addition, Iowa City, Iowa as shown on the plat thereof recorded at Book 4, Page 323 of the Johnson County Recorder; and Commencing at the northwest corner of Lot 12, Block 1, Towncrest Addition, then north 200', then east 107.5', then south 200', then west 107.5', and to the centerline of the adjacent rights -of -way; and Blocks 1 & 2, and Lots 1 & 2, Block 3, and to the centerline of all adjacent rights -or -way, Towncrest Addition Part Two Revised, Iowa City, Iowa, as shown on the plat thereof recorded at Book 6, Page 6 of the Johnson County Recorder; and Commencing at the NE corner of Lot 1, Block 1, Towncrest Addition Part Two Revised, thence E 160', thence S 148', thence W 160', thence N 148', and to the centerline of the adjacent Muscatine Avenue right -of -way; and The real estate north of and adjacent to Muscatine Avenue between First Avenue and Waters First Addition, excluding the Memory Gardens Cemetery. This area contains approximately 49.3 acres. Ordinance No. Page 2 SECTION II. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amending Subsection 14- 3C -2A, by adding a paragraph 9, as follows: 9. Towncrest Design Review District Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, such as parking areas, landscaping, screening, signage, lighting, and access on property within the boundaries of the Towncrest Design Review District, as illustrated on the map below, are subject to Design Review. However, on property zoned Single Family Residential, new construction, alterations, or additions to Single Family Uses, including alterations or additions to site development associated with said uses, are exempt from Design Review. a. Towncrest Design Review District Map ���/ Towncrest urban renewal project and Design Review Overlay (ODR) zone area "' B. Amending Section 14 -3C -3, by deleting the introductory paragraph and substituting in lieu thereof: 14 -3C -3 Design Review Prior to issuance of a sign permit for an exterior sign that is subject to the design review process or of a building permit to alter the exterior of an existing structure subject to the design review process or to construct a new building that is subject to the design review process, said application, shall be submitted for design review. Upon application for any building permit, sign permit or site plan approval for any property within a design review Ordinance No. Page 3 district, said application shall be submitted for design review. The applicable level of design review is listed below. C. Amending Subparagraph 14- 3C -3A -1 a, by adding a sub - subparagraph (9) as follows: (9) Towncrest Design Review District D. Amending Subsection 14- 3C -3B, by adding a paragraph 8, as follows: 8. Towncrest Design Review District Design Review according to the applicable design provisions within the Towncrest Urban Renewal Area Design Plan Manual and according to the applicable standards listed in Subsection C, below. For purposes of Design Review, Towncrest Drive shall be considered a street, with buildings, parking areas, pedestrian amenities, landscape screening, and other streetscape elements designed and located to appropriately address Towncrest Drive as a street frontage as illustrated in the Towncrest Urban Renewal Area Design Plan Manual. E. Amending Paragraph 14- 3C -3C -6, by adding a subparagraph c., as follows: c. Along sidewalks and pedestrianways, canopies and awnings should project a sufficient distance from the building wall to be functional, i.e. to provide shade and weather protection for pedestrians and to prevent reflective glare on storefront windows that may block views into the storefront or display window. SECTION III. ZONING MAP. The Building Inspector 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 this ordinance by law. 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by f/ j l.iG1 - G' City Attorney's Office Ordinance No. Page It was moved by and seconded by as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright that the Ordinance First Consideration 1/10/2011 Vote for passage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Bailey. None. ABSENT: Wright. Second Consideration 1/25/9011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Hayek. None. ABSENT: Dickens. Date published NAYS: NAYS: Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 11 -4420 ORDINANCE AMENDING TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED "OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS," TO ALLOW OUTDOOR SERVICE AREAS WITHIN 100 FEET OF A RESIDENTIAL ZONE IN C62, CB5, AND CB10 ZONES. WHEREAS, the City Code allows sidewalk cafes to be located in C62, CB5, and CB10 zones ( "downtown zones ") regardless of their proximity to residential zones; WHEREAS, the City Code prohibits outdoor services areas in the downtown zones unless they are 100 feet from a residential zone; WHEREAS, the locations of outdoor service areas in the downtown zones should be treated similarly to sidewalk cafes; and WHEREAS, it is in the best interest of the City to adopt an amendment to eliminate the 100 foot separation requirement for outdoor service areas in the downtown zones. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 4, entitled "Alcoholic Beverages," Chapter 3, entitled "Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits," Section 1, entitled "Outdoor Service Areas," Subsection C1d is hereby amended by deleting the first sentence in its entirety and substituting in lieu thereof the following new sentence: An outdoor service area shall be permitted in any C (commercial) zone, as provided by title 14 of this code, provided an outdoor service area shall not be permitted if any part thereof lies within one hundred feet (100') of an R (residential) zone except in C132, C65, and CB10 zones. SECTION Il. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. 11 Passed and approved this 25th day of January 20T (J. 144Z^— �3 MAYOR ATTEST: . -�_- 44� CITY CLERK Approv d by City Attorney's Office Ordinance No. i i -442() Page 2 It was moved by Wilburn and seconded by r bam_p i an that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek x_ Mims x Wilburn g Wright First Consideration 1/10/2011 Vote for passage: AYES: Mims, Wilburn, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: Wright. Second Consideration ---------------- - - - - -- Vote for passage: Date published 2/2/2011 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Hayek, Mims, Wilburn. NAYS: None. ABSENT: Dickens.