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HomeMy WebLinkAbout2011-10-18 OrdinanceDefeated 10/18/2011 6c i Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00012) ORDINANCE NO. AN ORDINANCE REZONING THE MIDAMERICAN SUBSTATION AND CONDITIONALLY REZONING APPROXIMATELY .42 -ACRES OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET FROM NEIGHBORHOOD RESIDENTIAL STABILIZATION (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ11- 00012) WHEREAS, the applicant, Allen Homes, has requested a rezoning of property located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and the MidAmerican substation located on the west side of Linn from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2); and WHEREAS, the Comprehensive Plan, Central District Plan, contains policies and a land use plan map to guide development within the Northside Marketplace and to maintain the main street, mixed use character of the neighborhood; and WHEREAS, the Comprehensive Plan, Central District Plan, has been amended to indicate that Urban Commercial development is appropriate on these properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning, determined that it complies with the Comprehensive Plan and recommends approval of the application provided that it meets conditions addressing the need for development that will maintain the main street, mixed use character of the Northside Marketplace; and WHEREAS, Iowa Code §414.5 (2011) 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 owners and applicant have agreed that the 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street properties 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 Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00'1 5'52"E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89'56'1 5"W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 °11'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89'56'1 5"W, along the South Line of said Lot 2, a distance of 40.47 feet; Thence N00 °04'00 "E, 150.79 feet , to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 120.31 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 square feet and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence N89 °56'15 "W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest Corner of said Lot 1; Thence N00 °11'16 "W, along the West Line of said Lot 1, a distance of 39.80 feet; Thence S89 °56'1 FE, 80.66 feet , to a Point on the East Line of said Lot 1; Thence S00'1 5'52"E, along said East Line, 39.80 feet, to the Point of Beginning. Said Parcel contains 3,211 square feet and is subject to easements and restrictions of record. SECTION III. 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 IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. 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 VIII. 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 2011. MAYOR ATTEST: CITY CLERK App oved by y Attorney's Office �� /�j /1( Defeated 10/18/2011 Ordinance No. Page It was moved by and seconded by 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 x Wright First Consideration Vote for passage: Second Consideration _ Vote for passage: Date published that the Ordinance 1 Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00012) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Clarence and Julie Leichty, Jeff Maske, Carlan Miller, and W. O. Bill Terry (hereinafter "Owners ") and Allen Homes, Inc. (hereinafter "Applicant "). WHEREAS, Owners are the collective legal title holder of approximately .34 acres of property located 221 and 225 N. Linn Street and 223 Bloomington Street, Iowa City, Iowa; and WHEREAS, the Owners and Applicant have requested the rezoning of said properties from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, and improvement to the alley to provide access to the parking, and the location of signage on the building, the requested zoning is consistent with the Comprehensive Plan as amended; and WHEREAS, Iowa Code §414.5 (2011) 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 Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Northside Marketplace; and WHEREAS, the Owners and Applicant agree to develop these properties 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. Clarence and Julie Leichty, Jeff Maske and Carlan Miller, and W.O. Bill Terry are the collective legal title holders of the real estate legally described as: Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 015'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89 056'15 "W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00'1 1'16"E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 056'15 "W, along the South Line of said Lot 2, a distance of 40.47 feet; Thence N00 004'00 "E, 150.79 feet , to a Point on the North Line of said Lot 1; Thence S89 048'53 "E, along said North Line, 120.31 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 square feet and is subject to easements and restrictions of record. ppdadm /agt/conditional zoning agreemen - linnbloomingtont.doc 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) 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, Owners and Applicant agree that development of the real estate described above will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The development shall be generally consistent with the site plan and building plans attached and by this reference incorporated herein (collectively, the "Plans "), particularly with regard building location, orientation and height, fapade design, building materials and landscaping; b. The development shall consist of a mix of uses as shown on the Plans including ground floor commercial, parking below grade and partially within the ground floor, and dwelling units on the second and third floors; c. The residential development shall consist of a mix of dwelling units as shown on the Plans including six efficiency or one - bedroom apartments, nine two - bedroom apartments and a maximum of two three - bedroom apartments (if fewer three - bedroom apartments are built the reduced number of three -room apartments may be substituted with additional efficiency, one - bedroom or two - bedroom apartments); d. Exterior signs on the north side of the building will be limited to signs permitted in residential zones according to Section 14- 5B -8(B) of the Iowa City Code of Ordinances. e. The alley shall be improved from the west property line of 223 E. Bloomington to North Linn Street according to the specifications of the City Engineer prior to the issuance of an occupancy permit for any new building on this real estate. f. The N. Linn and E. Bloomington Streets rights -of -way will be improved in a manner consistent with the North Marketplace streetscape as shown on the Plans. 4. The Owners, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners, Applicant and City acknowledge that in the event the subject real estate 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 Owners and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. ppdadm /agt/conditional zoning agreemen- linnbloomingtont.doc 2 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk joved,by: q�l City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2011. ALLEN HOMES, INC., APPLICANT OWNERS GL Clarence Leichty (.a ,- Julie Leichty Jeff e Carlan Miller W. 0. i ferry This instrument was acknowledged before me on , 2011 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm /agt /conditional zoning agreemen- linnUloomingtont.doc 3 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2011 by as of Allen Homes, Inc. Nota Public in and for said County and State (Stamp or Seal) Title (and Rank) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of oe 94"4w 2011, before me, the undersigned,, a Notary Public in and for said County, in said State, personally appeared a/''-- `ice- , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. k� Notary Plublic in and for the State of Iowa My commission expires: 9 073 _ / -u INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of �G9�,[zetf' 2011, before me, the undersign d, a Notary Public in and for said County, in said State, personally appeared �T % I-el chi , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. A/ • �� Notary Nblic in and for the State of Iowa My commission expires: % - a ,6 - /oZ INDIVIDUAL ACKNOWLEDGEMENT: ppdadm /agt /conditional zoning agreemen- linnUloomingtont.doc 4 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 13`h' day of �QG9�-� L , 2011, before me, the undersAned, a Notary Public in and for said County, in said State, personally appeared 1&4 -L a i2 A/ ller , to me known to be the identical person( named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. Notary -Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /-1.6- day of _(�4FoL4- , 2011, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared -Je_ C-F / & 6 k' �- I , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 13 day of (VCc4vhe� , 2011, before me, the undersized, a Notary Public in and for said County, in said State, personally appeared LG?f/ &IZZ -/e rr, , to me known to be the identical person( s) named in and who execute the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: � -"Z 3 ppdadm /agt/conditional zoning agreemen- linnUloomingtont.doc 5 r. re 6 UMM SSTG EE7 I i I � I � I io � I �1 I OO � I i I I I I a a o a o v° a° v0 0 0 0 0 a n n n n - o v � n � m a io fi g cn g�� Z > J g C) DZD v� n a 3 D� _ O.. �g �n —i ' �0 vii n4 �� O- o o < 0 3 3 3 C Z�z� '--i �' w�� 0 w(n dOts- s m � � z a 00 Z C p.� $'ycn � gy � .. N r -i Z o in i.�i 1 m N m A O [xs7 tom•] z Cn SM2 .. 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G ,)! 4 {!!7 \I ly :=, f!! |!\ \§ � \ e � CD \9 E E > _! ! VI &o _l bb s as »ate a } id]ONO\ \ \\II !\ \ 2�U ! {rz� i§f)/ N i l- !�jli) |k{ / tlERj. \} \� m \� 0 % E 2C m II fVI 9,_i 2 s aMY emwN31 a : V_3f , E. ! IdIDNO\ ƒ\ NNII §I 2� � \\ \\ �$q \/ ;! \1 /, I- ?$ III» ; . !!! |!§ } / m Q3 \� � w a %} e« m� V1,43 emol Z SlVlN3WS3WOH N311V N311V 3SS3f � 1dION00 1S NNII a w Imo fi� b� B� zQo HIM c 0 CL o o _ To: Planning & Zoning Commission Item: REZ11- 00012/CPA11 -0003 221 & 225 N. Linn Street 223 E. Bloomington Street GENERAL INFORMATION: STAFF REPORT Prepared by: Robert Miklo Date: August 18, 2011 Applicant: Allen Homes P.O. Box 3474 Iowa City, IA 52244 Owners: Jeff Maske & Carlan D. Miller - 225 N. Linn St. William & Judith Terry — 221 N. Linn St. Clarence & Julie Leichty — 223 E. Bloomington St. Contact Person: Jesse Allen Phone: (319)530 -8238 Requested Action: Comprehensive Plan amendment from residential to commercial and Rezoning from RNS -12 to CB -2 Purpose: To allow development of a new mixed -use building with ground floor commercial and upper level apartments Location: Southwest corner of E. Bloomington & N. Linn St. 221 & 225 N. Linn Street, 223 E. Bloomington Street and the MidAmerican substation Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 0.34 acres and .07 acres (MidAmerican substation) Two - Family & Multi- family / Neighborhood Stabilization Residential (RNS -12) Zone North: Residential; RNS -12 South: Commercial; CB -2 & CB -5 East: Commercial; CB -2 West: Residential; RNS -12 Central District Plan shows the area as Single Family Residential Stabilization July 14, 2011 August 27, 2011 2 The proposed development will combine three properties that currently contain a duplex that fronts on North Linn Street, a four -plex located on the corner of North Linn Street and Bloomington Street and another duplex that fronts on Bloomington Street. The applicant is requesting to rezone the properties to Central Business Service (CB -2) and intends to take down the three existing residential buildings and construct a mixed -use building that would include storefront commercial spaces on the ground level that would be oriented toward Linn Street and two floors of apartments above. Parking required for the development would all be located within the structure. A basement level of parking intended for the residents would be accessed from the east -west alley via a ramp. Parking for the commercial space would be provided on the ground level floor of the building behind the storefront commercial spaces via an access drive from Bloomington Street. There is a MidAmerican substation located on the west side of Linn Street adjacent to the alley. To prevent the creation of an island of RNS -12 zoning staff recommends that if this rezoning is approved, that the MidAmerican property also be rezoned to CB -2. The applicant has indicated that they have chosen to use the "Good Neighbor Policy" and held a neighborhood meeting on August 11. ANALYSIS: Current and Proposed Zoning: The current zoning of the property is Neighborhood Stabilization Residential (RNS -12). The purpose of the RNS -12 zone is to stabilize neighborhoods by preserving their single - family character. Provisions in the zone prevent the conversion or redevelopment of single - family uses to multi - family uses. However, existing conforming multi- family uses retain their conforming status when rezoned to RNS -12. These properties were rezoned from Low Density Multi - Family Residential (RM -12) to RNS -12 in 1995. These properties were converted to multiple units prior to that time. The three buildings contain a total of 8 dwelling units and 17 bedrooms. Most of the backyards have been paved over for use as parking lots. The two buildings on Linn Street have had extensive exterior remodeling that removed or covered up historic architectural details. The proposed Central Business Service (CB -2) zone is intended to allow the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas, to enhance the pedestrian orientation of the center of the city and to provide suitable peripheral locations for auto - oriented commercial and service uses. The zone is intended to accommodate mixed land uses but at a lower intensity than the other Central Business Zones (CB -10 and CB -5). The zone allows a variety of commercial uses including retail, services, restaurants and office uses. Commercial uses are required on the ground floor and allowed above the ground floor. The CB -2 zone allows residential uses on the upper floors at a density of 1 unit per 875 square feet. Residential uses are not allowed on the ground floor. If the proposed rezoning is approved, these properties would be allowed up to 16 dwelling units total. Comprehensive Plan: The Comprehensive Plan and Central District Plan show this area as Single - Family Residential Stabilization. The properties to the east and south are shown as Urban Commercial. A Comprehensive Plan amendment to extend the commercial designation to the west side of Linn Street will be necessary if the proposed rezoning is to be approved. Staff recommends that the Planning and Zoning Commission set a public hearing to amend the Comprehensive Plan and Central District Plan for the September 1 meeting. The Central District component of the Comprehensive Plan discusses this area under Northside Marketplace on pages 55 to 59. Northside Market Place is characterized by its historic mixed use buildings and small -scale locally owned specially shops and restaurants. The Plan notes that 3 development should be sensitive to the neighborhood history and architectural significance. Participants in the Central District planning process wanted to encourage development of one and two- bedroom apartments that are attractive to longer -term apartments rather than dorm -style apartments typical near downtown. The Plan also discusses the need to provide sufficient parking spaces to meet the demand for both commercial and residential uses in the area. Traffic and Access: The concept plan illustrates two parking areas. Twelve parking spaces for the commercial uses are shown on the ground floor in the western part of the building with a driveway from Bloomington Street. Twenty three parking spaces are proposed below the building with a ramped driveway from the alley that intersects with Linn Street. The alley is a 20 -foot wide and paved with brick. The 20 -foot width is typical for a downtown -area alley. The brick surface is atypical. The brick has settled in several areas particularly in the wheel tracks, but is wide enough for two -way traffic. The alley will need to be reconstructed from Linn Street to the driveway access for this property. Conclusion: In staff's opinion extending the commercial designation and CB -2 zoning to the west side of Linn Street would be consistent with the intent of the goals and objectives for the Northside Marketplace, provided that issues discussed in the Central District Plan are addressed in a Conditional Zoning Agreement (CZA). Zoning both sides of Linn Street to CB -2 would be consistent with the zoning policy of changing zoning at the rear and side lot lines rather than along street frontages. Commercial uses along Linn Street would help link Pagliai's Pizza to the commercial uses farther south on Linn Street. The applicant has submitted a concept plan showing how he intends to develop the property if it is rezoned. This concept could be the basis of a zoning agreement. The concept is generally consistent with what staff would recommend for a zoning agreement, but there are some details regarding the building design and landscaping that will require further refinement. Because of the necessary Comprehensive Plan amendment, this rezoning will need to be deferred to the September 1 meeting. Further details regarding the concept plan and CZA should be developed before the Commission's vote at that meeting. STAFF RECOMMENDATION: Staff recommends that REZ11- 00012, an application to rezone 0.34 acres located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation) from RNS -12 to CB -2 be approved subject to a comprehensive plan amendment changing the plan map to show the area as Urban Commercial and a Conditional Zoning Agreement that addresses: 1.) the number bedrooms per unit, 2.) design of the building, 3.) installation of landscaping, street furniture, and bike parking facilities that are compatible with the recently installed Northside Market Place features and 4.) improvement of the alley that will provide access to the parking area. ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. 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C- E o > m� V1,43 emol SlV1N3&SW OH N311V W V Q < N311V 3SS3f d zQ� 1d]ON00 '1S NNII B 8 i i i l i i i i i i i i i i i i i i i 0 a ._ n �34 e9�m� eAil 1 H- 8 vi '4o emol Z SlV1N3H /S3W0H N311V g W H Q < N31IV 3SS3f w v Wwo mg 1dIONCO '1S NNII _ Q ZQU i o I a I w� I� �I �I Ea a��8b 2 8� se September 9, 2011 To whom it may concern- �� is in support of the project proposed by Mr. R. Blaine Thomas and Mr. Jesse Allen, and located 225 and 221 North Linn St including 223 East Bloomington St. We are aware that the proposed building will include commercial space as well as private residences. We are pleased that the building design provides parking for both the residential homes as well as for the commercial space. We believe that this will enhance our business by increasing our consumer base, as well as create needed cohesiveness for the neighboring properties with regard to building design and use. Sincerely Representative- �e.� !ate C6V\V\-011y ---I September 9, 2011 To whom it may concern- is in support of the project proposed by Mr. R. Blaine Thomas and Mr. Jesse Allen, and located 225 and 221 North Linn St including 223 East Bloomington St. We are aware that the proposed building will include commercial space as well as private residences. We are pleased that the building design provides parking for both the residential homes as well as for the commercial space. We believe that this will enhance our business by increasing our consumer base, as well as create needed cohesiveness for the neighboring properties with regard to building design and use. Sincerely, Representative - /`� September 9, 2011 To whom it may concern- C' C is in support of the project proposed by Mr. R. Blaine Thomas and Mr. Jesse Allen, and located 225 and 221 North Linn St including 223 East Bloomington St. We are aware that the proposed building will include commercial space as well as private residences. We are pleased that the building design provides parking for both the residential homes as well as for the commercial space. We believe that this will enhance our business by increasing our consumer base, as well as create needed cohesiveness for the neighboring properties with regard to building design and use. Since ""'� m Representative- Jt. rd vk- 111A/VI ✓, d. %J 11 To whom it may concern- �� 0> � oq,7,- is in support of the project proposed by Mr. R. Blaine Thomas and Mr. Jesse Allen, and located 225 and 221 North Linn St including 223 East Bloomington St. We are aware that the proposed building will include commercial space as well as private residences. We are pleased that the building design provides parking for both the residential homes as well as for the commercial space. We believe that this will enhance our business by increasing our consumer base, as well as create needed cohesiveness for the neighboring properties with regard to building design and use. Sincerely, 4"-� Representative- August 31, 2011 All Members, Planning and Zoning Commission City of Iowa City 410 E. Washington Street Iowa City, IA 52240 From: Northside Neighborhood Association Steering Committee (contact person: John Thomas,NNA Coordinator, johnfredericthomas @gmail.com) RE: REZ11 -00012 Rezoning from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) Dear Honorable Commission Members, The Northside Neighborhood Association Steering Committee has carefully reviewed the proposal submitted by Allen Homes and the comments by Planning staff. The Steering Committee finds the proposal inconsistent with both the Iowa City Comprehensive Plan and the 2008 Central District Plan. One of the highlights of the Central District portion of the Comprehensive Plan states: "The integrity of the existing neighborhoods, especially those adjacent to the downtown and the University of Iowa campus will require ongoing efforts. (p. 66)" In response to the need to preserve the integrity of such neighborhoods as the Northside, the Planning Department created the Single - family Residential Stabilization Zone (RNS -12). According to the zoning code, the purpose of this zone is to stabilize certain existing residential neighborhoods by preserving the predominantly single- family residential character of these neighborhoods. Provisions in this zone prevent the conversion or redevelopment of single - family uses to multi - family uses. The current proposal is an example of the kind of densification the RNS -12 zoning was intended to halt. The Central District portion of the Comprehensive Plan further states that: "Where existing zoning allows (emphasis added) redevelopment at a higher density, the City Council has indicated that measures should be taken to assure that new structures are designed to be compatible with the adjacent neighborhood. (p. 64)" The Comprehensive Plan stresses the need for context - sensitive design even for projects complying with the existing zoning. The uses proposed in this application are not allowed under any condition (permitted, provisional, or special exception) of the RNS -12 zone. If this application is approved, it will be the first time Iowa City rezoned RNS -12 properties. The 2008 Central District Plan's recommendations for Northside Marketplace (pages 55 -59) reinforce the vision of the Iowa City Comprehensive Plan. The Goals and Objectives section does not recommend any changes to the currentzoning such as expanding the CB -2 zone into the RNS -12 zone. Rather, it recommends the adoption of zoning regulations "consistent with the existing main street commercial character of the area and compatible with surrounding residential neighborhoods" (emphasis added). The clear intent of the goals of the Northside Marketplace plan is to work within the existing zoning framework, which provides ample opportunities for C13-2 development. Since the application is inconsistent with Iowa City's Central District plans for the Northside Marketplace and the surrounding residential area, the Northside Neighborhood Association urges the Planning and Zoning Commission to disapprove it. We encourage the Planning Department to develop more detailed development guidelines for the Northside Marketplace vicinity, one of Iowa City's most distinctive places. The complex mix of land uses interspersed with historic properties would benefit from a planning study resolving how future development would best fit with the existing context. August 31, 2011 All Members, Planning and Zoning Commission City of Iowa City 410 E. Washington Street Iowa City, IA 52240 RE: Item REZ11 -00012 on Planning & Zoning Commission agenda for September 1, 2011 Dear Commissioners: I write in opposition of the proposal to rezone three properties (221 N. Linn, 225 N. Linn and 223 E. Bloomington) from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2). I What is so compelling about the Allen Homes project that it necessitates reversing a zoning designation and amending the comprehensive plan for the central district? The central district plan was adopted just three years ago — why not stand by it, rather than tinkering with it just because a developer approaches the city with an idea. What is the City's vision for this neighborhood? How do the removal of three human -scale residences and several mature trees fulfill this vision? And what are the guarantees that the rush to rezone CB -2 will stop with these three properties? It is not far - fetched to envision the steady encroachment of three -story brick apartment buildings all along the 200 block of East Bloomington, a block which currently has a comfortable, residential feel. 1 am not opposed to development as a matter of course — when done well development can have a positive transformative effect on a neighborhood. If the proposed project was for the parking lot located on the opposite corner of Bloomington and Linn, I would probably not be opposed to it. The integrity of the existing neighborhood is fragile — going forward with this project could easily destabilize another block of Bloomington Street, a block which (until now) has remained free of the multi -story brick building type which scars other blocks in the Northside. Sincerely, r� Sarah Clark 509 Brown Street Iowa City, IA 52245 Bob Miklo From: Michael Oliveira <moliveira @prestigeprop.com> Sent: Sunday, August 21, 2011 2:17 PM To: Bob Miklo Cc: tom.gourguechon @comcast.net Subject: 221 N Linn Street 225 and 223 E. Bloomington (Rez11- 00012) Importance: High Hi Bob, We are concerned about the parking, garage access and density for this building in this area. 1) The buildings on North side of Bloomington which Prestige Properties, LLC own a majority of will be facing a parking garage opening — which is not too appealing for the current zoning for this property and traffic issues. a. The City should consider zoning the North Side of Bloomington Krom Dubuque to Lynn he same if they are going to do this project. b. The City planner should setup no parking on Bloomington Street, if this development going to happen otherwise the traffic and cars don't have a good turning radius and trash builds up on the street because the cars do not alternate like other streets! c. We are also concerned about the height of the building and what looks like from the North side rather Lynn side. Is there a final set of drawing for this project for the public to view? Is this project on line? Thank you in advance for your consideration in this matter! Mike Oliveira General Manager Prestige Properties, LLC 329 E. Court St. Suite 2B Iowa City, IA 52240 Office: 319 - 512 -7616 x 203 Cell: 319 - 400 -1354 Leasing: 319- 331 -7487 Maintenance: 319- 331 -0232 Fax: 888 - 799 -9743 www.Prestigeprop.com Heritage Property Manggement August 18, 2011 220 East Market St Iowa City, Iowa- 52245 319.351- 8404 /phone 319.351- 1928 /fax • - To Whom It May Concern — 'On behalf of Heritage Property, Management, located at 220 E. Market Street, Iowa City, I.A. 52245, We woulVike to fully support the building project on the corner of Linn.and Bloomington St. We. feel that Mr. Allen and Mr. Thomas will add needed new constructionlo this area but will also fit the look our neighborhood is trying to maintain. After reviewing the plans, this building will not cause any parking problems — which historically haip been issues. Secondly, this part of Iowa Cityi needs a higher end/nicer finished building — other than the dormitory style living that we see everywhere. Finally, I believe the Papa John Business Building will benefit professors, staff and students that are looking for a higher standard of living. Heritage Property Management looks forward to this addition to our neighborhood. Sincerely, 7 /f� Tony Vespa City of Iowa City MEMORANDUM Date: September 1, 2011 To: Planning and Zoning Commission From: Robert Miklo Re: CPA11- 0003 /REZ11 -00012 221 & 225 N. Linn Street and 223 Bloomington Street On August 18 the Commission considered a request to rezone properties at the corner of Linn and Bloomington Streets from Neighborhood Stabilization Residential (RNS -12) zone to Central Business Service (CB -2) zone. Approval of the requested rezoning will require an amendment to the Comprehensive Plan to change the land use designation to correspond with the change from residential to commercial. Comprehensive Plan: Northside Marketplace is located within Subarea A of the Central District element of the Comprehensive Plan. Discussion of Subarea A is found on pages 13 to 18 of the plan. The paragraph at the bottom of page 15 and continuing onto page 16 specifically addresses redevelopment within Northside Marketplace. The plan states, "...the goal is to encourage smaller apartments with two or fewer bedrooms to prevent dorm -style apartments..." A more detailed discussion of the Northside Marketplace on pages 55 -59 of the Central District Plan contains policies and a land use map to guide preservation and further development within this neighborhood. Key policies that apply to this application include: 1. Preserving the existing scale and main street commercial character of Northside Marketplace. 2. Protect historic properties. 3. Adopt zoning that ensures redevelopment occurs in a manner that promotes pedestrian- oriented street frontages. 4. Establish policies and regulations that encourage mixed -use buildings with 1 to 3- bedroom apartments above commercial storefronts. 5. Address parking issues. 6. Install more bicycle parking. 7. Promote improvements to the streetscape to create a comfortable and attractive environment for pedestrians. In staff's opinion the applicant's concept plan generally conforms to these policies, however an amendment to the Northside Marketplace Plan Map on page 58 of the plan will be necessary if the proposed CB -2 zoning is to be consistent with Comprehensive Plan. The land use plan currently shows the subject properties as Single- Family Residential Stabilization. The plan would need to be revised to change this designation to Urban Commercial. The Plan Map also places the boundary of Norhtside Marketplace along the west property line of 221 and 225 N. Linn Street. The boundary would need to be shifted to the west property line of 223 Bloomington Street. August 26, 2011 Page 2 A concern has been raised that a change in the Plan Map and a rezoning of these properties to CB -2 may have a destabilizing effect on the other residential properties within the 200 block of Bloomington Street. The Commission requested information about the current use and rental status of the other properties within this block. The attached map contains information for each address including the number of dwelling units per property and the number of total bedrooms. With the exception of 220 Bloomington Street, which is an owner occupied single - family dwelling, and 311 N. Linn Street, which is the Friends Meeting House (a religious institution), all properties within the area have rental permits. Four of the properties are rented as single - family dwellings with occupancies of three or four unrelated persons. The property at 228 Bloomington Street was built as a duplex with three bedrooms per unit. Five properties were built as single - family dwellings but later converted to two to five dwellings. The properties on the west end of the block along Dubuque Street are zoned High Density Multi - Family Residential (RM -44) and have generally been converted to multiple units or are operated as rooming houses. In staff's opinion the proposed development would not have a significant effect on the continued residential use of the properties on the remainder of this block. The commercial aspects of the building would generally be oriented toward Linn Street which is zoned commercial. The entrance to the indoor parking area and the lobby for the upper floor apartments would be located on Bloomington Street. The other buildings on this block are generally two stories or approximately 20 to 25 feet in height. The proposed building would be three stories or 35 feet high. In staffs opinion the change is scale from two to three stories is not significant. A similar change in scale occurs between the west and east sides of the 300 block of N. Linn Street. The wide street right -of -way (80 feet) helps to ameliorate the change in scale. The proposed building contains design features such as bay windows and a cornice that help articulate the mass of the building, which in staff's opinion will make it compatible with the scale and character of the neighborhood. The property most affected by the change in scale would be 219 Bloomington Street, two story duplex. The proposed three story building would be located ten feet from the property line. Staff has asked the applicant for a plan showing how this area could be landscaped to provide a better transition. The proposed commercial spaces along Linn Street will help to fill in the gap between Pagliai's and the remainder of the Northside Marketplace. A more vital commercial district with additional goods and services available within walking distance of the larger Northside Neighborhood could have a positive influence on the City's efforts to preserve and improve the neighborhood. There was a question about the need for more commercial space in this area. The Downtown Market Niche Analysis shows a need for quality office space in and near the downtown area. Staff is aware of professional offices that have not been able to find vacant quality office space downtown and have relocated to outlying areas. Additional residential units will increase the supply of housing in an area that has good access to public transportation (there are six transit routes that operate within a block of this property) and is in close proximity to retail and employment centers. One and two- bedroom apartments will provide a form of housing that was seen as desirable by participants in the Central District planning process. August 26, 2011 Page 3 Rezoning: We have requested a revised site plan and elevation drawings addressing the concerns that were raised in the August 18 Staff Report and at the meeting. The applicant is still working on revising the plans. If a satisfactory plan is submitted prior to the September 1 meeting, it could be used as the basis for a Conditional Zoning Agreement. If a revised plan that sufficiently addresses the concerns is not submitted, staff recommends deferral of the rezoning request. STAFF RECOMMENDATION: Staff recommends approval of CPA11 -00003 a request to amend the Central District Plan, Northside Marketplace Plan Map to change the boundary of Northside Marketplace to the west property line of 223 Bloomington Street and to change the land use designation from Single- family Residential Stabilization to Urban Commercial for properties located at 223 Bloomington Street, 221 and 225 N. Linn Street and the MidAmerican substation. Staff recommends that REZ11 -00012 an application to rezone 0.34 acres located at 221 N. Linn Street, 225 N. Linn Street and 223 E. Bloomington Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation) from RNS -12 to CB -2 be deferred pending submittal of a revised site plan and elevation drawings. Upon submittal of satisfactory plans, staff would recommend approval. ATTACHMENTS: 1. Bloomington Street land use information 2. Correspondence Approved by: Department of Planning and Community Development CITY OF ION CITY U) a) a) J Bloomington Street E230 205 209 215 219 223 225 224 221 222 218 -T SITE LOCATION: 200 block Bloomington Street aND 314 206 212 216 220 222 313 202 311 228 202 Bloomington 4 units, 4 bedrooms 205 Bloomington 1 unit, 3 bedrooms 206 Bloomington 2 units, 5 bedrooms 209 Bloomington 1 unit, 4 bedrooms 212 Bloomington 5 units, 6 bedrooms 215 Bloomington 4 units, 4 bedrooms 216 Bloomington 2 units, 6 bedrooms 219 Bloomington 220 Bloomington 222 Bloomington 223 Bloomington 2 units, 4 bedrooms 1 unit, single family 1 unit, 3 bedrooms 2 units, 6 bedrooms 228 Bloomington 218 Dubuque 222 Dubuque 224 Dubuque 230 Dubuque 314 Dubuque 221 Linn 2 units, 6 bedrooms 2 units, 10 bedrooms 2 units, 2 bedrooms 2 units, 7 bedrooms 3 units, 7 bedrooms 1 unit, 4 bedrooms 2 units, 8 bedrooms 225 Linn 4 units, 4 bedrooms 311 Linn Religious institution 313 Linn 1 unit, 4 bedrooms Dear fellow Commissioners, Extemporaneous gathering of my ideas into a logical, succinct statement during a meeting is sadly, a skill I lack. I hope to voice some of these points during our next public meeting but I did want to make them available to you before then and to also make this part of the public record without the tedium of reading a statement during the meeting. Before voting on this rezoning and even more importantly, changing the comprehensive plan, I encourage all of you to take a walk in the neighborhood. Specifically, the 200 block of Bloomington, then the blocks of Davenport and Fairchild between Dubuque and Clinton. When you are done, drive down Dubuque, glancing left and right. I ask that you take a walk because the Northside is a part of town built to a walker's scale. These cobblestone streets and front porches were built before the automobile ruled the world and now, in the 21st Century, the Northside accommodates the cars but is not dominated by them. As you walk up Bloomington toward Dubuque, what you see isn't pretty, from a planner's standpoint. Each structure has been "maxed out." The areas behind the buildings are worse, having been paved over to provide parking for more people than these buildings were ever meant to house. And yet, the 200 block of Bloomington retains a nice, neighborhood feel. As you can see, this is in spite of the people who own the properties rather than because of the efforts they go to to preserve the character of their buildings. History and the many bad add ons have shown that most of the rental property owners on the 200 blocks of Bloomington, Davenport, Fairchild and Church see their structures in the light of how much rent they can extract from them. As you cross Dubuque and head up Davenport you can see where that view of rental property leads. The Northside is in high demand. For some, the human scale, the shaded cobble streets and turn of the century architecture are the draw. For others, it is simply the proximity to the UI campus. Now, on Fairchild and Davenport, large apartment blocks have replaced the human - scaled homes that use to be student rentals. And then on your drive as you leave the Northside, look at the east and west sides of Dubuque from Church to Bloomington. Houses on the east, Blocks of apartments on the west. The difference is in zoning. The apartment blocks on the west side stand as testament to what direction rental property owners on the Northside tend to move. The RNS12 zoning was established as a counter to the purely economic force that manifests itself with a bulldozer and wrecking ball. I am not de facto against redevelopment of these properties. But I do think that changing the comprehensive plan without a prior, clear vision of what we want and the effects on adjacent areas is foolish and risky. Often rewards only come with risk but in this instance the rewards are only for the property owners and developer. Iowa City puts another couple blocks of the Northside at risk and gains what is essentially another apartment block with three storefronts; a scaled down copy of the n building that replaced the QuickTrip /Gazette and parking lot. I don't know what design would be a "game changer" for me, a structure and site plan that offered so much to Iowa City that I would be willing to risk another block or two of the Northside to give it a chance for success. I do know that this plan is not it. The applicants risk is balanced by the opportunity of financial reward. Simply by changing the zoning, the value of these properties increases greatly without anything being built. But Iowa City risks much. After the bulldozer, that block and more importantly, perhaps others, will be irrevocably changed and all we and future residents of Iowa City are offered to take that risk is "more of the same." Wally Plahutnik City of Iowa City MEMORANDUM Date: September 15, 2011 To: Planning and Zoning Commission From: Robert Miklo Re: CPA11- 0003 /REZ11 -00012 221 & 225 N. Linn Street and 223 Bloomington Street At the September 1 meeting, the proposals to amend the Comprehensive Plan and the zoning ordinance for properties located at the intersection of Linn and Bloomington Street were deferred to the September 15 meeting to allow more Planning and Zoning Commissioners to be present for their consideration. The applicant has submitted revised plans and drawings, which are attached. A color rendering was distributed at the September 1 meeting. Please review the August 18 staff report and September 1 memorandum for more details regarding these applications. At the September 15 meeting, the Commission should determine if the Comprehensive Plan should be amended to show the subject properties as being appropriate for commercial development. If the Commission recommends the Comprehensive Plan amendment, then the Commission should determine if the rezoning form Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) zone should be approved and if any conditions should be contained in a Conditional Zoning Agreement regulating the property. Z7 L OL Z7 sN lef Zia Mo iY I A 'L *��, M �VIA ILI$ ............. z! Wit i i Ar. u ire t. 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I- , /Jml || |�� \ |7§! � #) }k /> /} { ( ` , ! ! � � ( {( �| I- , /Jml || |�� \ |7§! � #) }k /> /} cnZ Q SIV1N38/S3W0H N311V PN311V 3SS3f H p 3 H ' 1d]DN03 �1S NNd zQ° li it a�R 3 J , I C) W II I� I� ZSIV1N32d /S31NOH N311V I\ N311V 3SS3f H P a 1dIDN00 '1S NNII 0 �I 0 z pall ell ih Vj Apo SMOG Z S1ViN3d/S3W0H N3-11V o ^� W a N311V 3SS3f V ry w 3� � 1dIDN00 1S NNII zQo 0 0 a� a� All asa�8� gg $m VI 'Al!O emol Z Q SlV1N321 /S3WOH N311V T N311V 3S53f W N 8 0 zQO 1dIONO3 '1S NNII c 0 0 0 ]AtA eki wlt g'1. q�ub $E E6e�$b HIM r Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00012) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .34 -ACRES OF LAND LOCATED AT 221 N. LINN STREET, 225 N. LINN STREET AND 223 E. BLOOMINGTON STREET AND THE MIDAMERICAN SUBSTATION LOCAT D ON THE WEST SIDE OF LINN STREET FROM NEIGHBORHOOD RESIDENTIAL STABIL ATION (RNS -12) TO CENTRAL BUSINESS., SERVICE (CB -2). (REZ11- 00012) WHEREA the applicant, Allen Homes, has requested a r zoning of property located at 221 N. Linn Street, 225 N. L n Street and 223 E. Bloomington Street and he MidAmerican substation located on the west side of Linn om Neighborhood Residential Stabilization RNS -12) to Central Business Service (CB -2); and WHEREAS, the Co prehensive Plan, Central District Ian, contains policies and a land use plan map to guide development within a Northside Marketplace and maintain the main street, mixed use character of the neighborhood; and WHEREAS, the Conn rehe ive Plan, Central Di rict Plan, has been amended to indicate that Urban Commercial development is appro riate on these pro erties; and WHEREAS, the Planning and Wing Com ission has the reviewed the proposed rezoning and determined that it complies with the Co prehen ve Plan provided that it meets conditions addressing the need for development that will maintain th mai street, mixed use character of the Northside Marketplace; and WHEREAS, Iowa Code §414.5 (2011) pr ides that the City of Iowa City may impose reasonable conditions on granting an applicant's rez ing r uest, over and above existing regulations, in order to satisfy public needs caused by the reque ed chan ; and WHEREAS, the owners and applic nt have agree hat the property shall be developed in accordance with the terms and conditions of the onditional Zoning greement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT RDAINED BY THE CITY \Ae IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Su ject to the Conditional Zoning ent attached hereto and incorporated herein, property described belo is hereby reclassified from it zoning designation of Neighborhood Residential Stabilization (RNS 2) to Central Business Service Beginning at the North ast Corner of Lot 1 of the Original Town o \di ity, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records ohnson County Recorder's Office; Thence SO 15'52 "E, along the East Line of said Lot 1, nce of 110.74 feet; Th ence N89 °56'15 "W, 80 6 feet, to a Point on the East Line of Lot 2 original Town Of Iowa City; Thence S00 °11,' 6 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 °56'15 "W, along the South Line of said Lot 2, a distance of 40.47 feet; Thence N00 004'00 "E, 150.79 feet , to a Point on the North Line of said Lot 1; Thence S89 048'53 "E, along said N h Line, 120.31 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 .square 1tot and is subject to easements and restrictions of record. {� r ' SECTION Il. ZONING MAP. The building official is hereby authorized and directed t ng&,t+he zdn g map of the City of Iowa City, Iowa, to conform to this amendment upon the final pas!�ege, aRprova l publication of the ordinance as approved by law. f Ordinance No. Page 2 SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION 'IV CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is here b uthorized and directed to certify a copy of this ordinance, and record the same in the Office of the County R rder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of i ordinance, as provided by law. SECTION V. REPEALER. II ordinances and parts of ordinanc s in conflict with the provisions of this Ordinance are hereby reE SECTION VI. SEVE I ny section, provision or invalid or unconstitutionudic ion shall not affect tl section, provision or part t adjud d invalid or unco SECTION VII. EFFATE. Th Ordinance a and publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office, pi of the Ordinance shall be adjudged to be validity of the Ordinance as a whole or any be in effect after its final passage, approval 2011. t_iJ Prepared by: Robert Miklo, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ11- 00012) CONDI MENT THIS AGREEMENT is made amon the City of Iowa City, to a municipal corporation (hereinafter "City "), Clarence and J lie Leichty, Jeff Maske, Carla Miller, and Terrance R. Williams (hereinafter "Owners ") and lien Homes, Inc. (hereinafter'Ap licant "). WHEREAS, Owners are the collective legal title holder of ap roximately .34 acres of property located 221 and 225 N. Linri Street and 223 Bloomington Stre t, Iowa City, Iowa; and WHEREAS, the Owners and Applicant have requested the zoning of said properties from Neighborhood Stabilization Resi ential (RNS -12) to Central B iness Service (CB -2) zone; and WHEREAS, the Planning and Z ning Commission has determined that, with appropriate conditions regarding the mix of resid ntial units and numb r of bedrooms, the design of the building, the installation of landscapin and street furnit e, and improvement to the alley to provide access to the parking, and the cation of signag on the building, the requested zoning is consistent with the Comprehensive PI n as amende , and WHEREAS, Iowa Code §414.5 (2 11) prov' es that the City of Iowa City may impose reasonable conditions on granting an a plicant' rezoning request, over and above existing regulations, in order to satisfy public need cau ed by the requested change; and WHEREAS, the Owners and restrictions are reasonable to ensure Comprehensive Plan and the need for t WHEREAS, the Owners and Applicot agree terms and conditions of a Conditio al Zoning icant acknowledge that certain conditions and welopment of the property is consistent with the tibility with the Northside Marketplace; and develop these properties in accordance with the reement. NOW, THEREFORE, in co ration of the \mutual promises contained herein, the parties agree as follows: 1. Clarence and JuliEVLeichty, Jeff Maske a Carlan Miller, and Terrance R. Williams are the collective leqo title holders of the real a tate legally described as: Beginning at/fie Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance ith the Plat thereof Recorded i Book 1, at Page 116, of the Records of the Johnso County Recorder's Office; Thence 00 °15'52 "E, along the East Line of said Lot 1, a d' tance of 110.74 feet; Thence N89'56\1 5"W, 80.66 feet, to a Point on the East Line of of 2 of said Original Town Of Iowa City; Thence S00 °11'16 "E, along said East Line, .80 feet, to the Southeast Corner ther f; Thence N89 °56'15 "W, along the So Line of said Lot 2, a distance of 40.47 feet; ence N00 °04'00 "E, 150.79 feet , to a Pgint on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 12Q.3 feet, to the Point of Beginning. Said Rezoning Parcel contains 14,981 square feet and is subject to easements and restrictions of record. ppdadm /agt/conditional zoning agreemen- linnUloomingtont.doc 1 2. The Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 11) provi e hat the City of Iowa City may impose reasonable conditions on gra ing an applicant's rez ing request, over and above the existing regulations, in order o satisfy public needs cau ed by the requested change. 3. In consideration of the City's rezonin the subject property, Owners a d Applicant agree that development of the real es to described above will con orm to all other requirements of the zoning chapter, s well as the following condition : a. The development shall be gener3lly consistent with the site pl n and building plans attached and by this referenc incorporated herein (coll ctively, the "Plans "), particularly with regard buildinc location, orientation and eight, fagade design, building materials and landscapi ; b. The development shall consist f a mix of uses as s wn on the Plans including ground floor commercial, parking below grade and p ially within the ground floor, and dwelling units on the second nd third floors; all c. The residential development sh consist of a mi of dwelling units as shown on the Plans including six efficiency r one -bedro apartments, nine two- bedroom apartments and a maximum of two three- edroom apartments (if fewer three - bedroom apartments are built the duced tuber of three -room apartments may be substituted with additional efficienc , one edroom or two- bedroom apartments); d. Exterior signs on the north side o th uilding will be limited to signs permitted in residential zones according to S tion 14- 5B -8(B) of the Iowa City Code of Ordinances. e. The alley shall be improved fro t e west property line of 223 E. Bloomington to North Linn Street according t the specifications of the City Engineer prior to the issuance of an occupancy p mit for ny new building on this real estate. f. The N. Linn and E. Bloo ' gton Str ets rights -of -way will be improved in a manner consistent with the Nort arketplac streetscape as shown on the Plans. 4. The Owners, Applicant, nd City ackno ledge that the conditions contained herein are reasonable conditions o impose on the I nd under Iowa Code §414.5 (2011), and that said conditions satisf public needs that a e caused by the requested zoning change. 5. The Owners, ,/t scant and City acknowle ge that in the event the subject real estate is transferred, sol , redeveloped, or subdivi ed, all redevelopment will conform with the terms of this nditional Zoning Agreemen . 6. The partie acknowledge that this Conditio al Zoning Agreement shall be deemed to be a coven t running with the land and with t tle to the land, and shall remain in full force and eff ct as a covenant with title to the la ;the unless or until released of record by the City of Iowa City. The parties further acknowledge that this agment shall inure to the benefit of and bind all successors, representatives, and assigns parties. 7. The Owners and Applicant acknowledge th t nothing in this Conditional Zoning Agreement shall be construed to relieve the Owiiprs or Applicant from complying with all other applicable local, state, and federal regulatio s. ppdadm /agUconditional zoning agreemen- linnMloomingtont.doc 2 Iowa City 2020 20120 Vision for a City's Sustainabilio, Smart - Growth, dr Historic Preservation Dear Iowa City Council Members & Central District Planners, Iowa City 2020, represents citizens throughout your community who support growth in a way that focuses on developing places and spaces that reflect our city's highest good and making the right choices for the long term; leaving places better than we found it. Regarding the three properties on the southwest corner of 221 and 225 N. Linn and 223 Bloomington Streets, we make the following recommendations: There seems to be no doubt that the corner house, is not only historic, but also a unique property in the Northside neighborhood. The corner house and the white house, 223 Bloomington St., west of it are along Bloomington Street's residential block and should be preserved, in keeping with the scale of the surrounding homes per an existing 2008 Iowa City Central District Plan. The corner home, 225 N. Linn St., acts as a visual and physical corner stone of the Northside residential area. While at the edge of the Northside neighborhood and market area, adjacent to (north of) the Mid- American substation with an alley behind it, any new property replacing the existing white Victorian home, 221 N. Linn St., should be no taller than two stories with a possible third story mansard roof with optional dormers or a row home with set back third story not visible from the street. It is completely inappropriate to build the likes of Linn Street's Motley Cow, T- Spoons, and R.S.V.P. on Bloomington's residential block. One could imagine a future building in the area across the street, where the existing parking lot is not adjacent to any residential homes and is amply separated by streets and alleys. It's an important corner location as there is so much potential in developing that area. We must have a long term vision that supports residents, businesses, and the city so that any potential growth is smart and invites value- creation: set -backs from streets, fountains, promenades, green spaces, and things to increase pedestrian traffic for businesses and enhance neighborhood appeal. Small scale changes, having big impact while increasing value. Thank you very much for honoring an existing 2008 Zoning Ordinance and for allowing smart growth to not bulldoze the vitality and essence of what makes people's neighborhoods beautiful, charming and desirable. Iowa City deserves something big pike e, long term and potentially inspiring. Best regards,' v, c) 11Ym' park ' Founder, Iowa City 2020 Architectural Design Principal, in[volution] design studio c:) b M 0 6d Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00013) ORDINANCE NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT OVERLAY HIGH DENSITY SINGLE FAMILY (OPD /RS -12) PLAN FOR 2.73 -ACRES OF LAND LOCATED AT 2785, 2829 AND 2871 HEINZ ROAD. (REZ11- 00013) WHEREAS, On August 16, 2005, the City Council adopted Ordinance Number 05 -4171 approving a Planned Development Overlay (OPD) Plan for portions of Saddlebrook Addition Part 1, Lot 3; and WHEREAS, the applicant, Mane Gate LLC, has requested a rezoning to amend the Planned Development Overlay High Density Single Family (OPD /RS -12) Plan for portions of Saddlebrook Addition Part 1, Lot 3, located at 2785, 2829 and 2871 Heinz Road to allow ground floor residential uses in lieu of commercial space and to remove the requirement to build 20 garage spaces shown on the original approved OPD Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed amendments to the OPD Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended OPD Plan, attached hereto and incorporated herein by this reference, for the property described below is hereby approved: A portion of the Lot 3, Saddlebrook Addition, Part 1 in Iowa City, Iowa as recorded in Recorder's Plat Book 37, Page 94 lying in the E 1/2 SW 1/4 and the SE 1/4 of Section 24, T. 79 N., R. 6 W., of the 5th P.M., Johnson County, Iowa, described as follows: Beginning at the NW Corner of said Lot 3; thence N89 °56'44 "E - 235.51 feet along the north line of said Lot 3; thence S09 °42'27 "E - 349.64 feet along east line of said Lot 3; thence southerly - 91.85 feet along said east line of Lot 3 along a 2007.00 foot radius curve concave easterly with a central angle of 2 °37'19" and a chord of S11 °01'07 "E - 91.84 feet; thence S89'38'31 "W - 311.34; thence N00 °05'24 "W - 436.50 feet along the west line of said Lot 3 to the Point of Beginning. Said Parcel contains 2.73 acres. SECTION II. 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 III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and OPD Plan 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 IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12011. MAYOR ATTEST: Approved by: l2 CITY CLERK City Attorney's ffice 10 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 10/18/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9 S 6 $ SE P u go��� aEuE iE� Hill s €t e�' ��iLERo•'�f n % 22 XX � • 9 s §�'rfie.g E 8 .. s�MH0 = °33 � S s s °T°f5 ymn� it � 'e�A ^mo d$'SmoxS 's ;3N :3N ;sue 0 �e����^ e � = s CL is tY �•gg U C F O C i 0 r c O axis? =$E T E s "sg W�9 a'YY TEES c � 16 CL EY % , u " "'^ . �3 4 a w 2 9 a e x LL C 3 g�g85 �a s s 33 Y gl�o' S2 Da_ gg sq X O �� € °° C13 �# IL c£ £ aA(fU G �'i5�om y U 4 °ff rj� S5 b.i s �84 � m E a Ta joy£ Uq_ Qm- 9 S 6 $ SE P u go��� aEuE iE� Hill s €t e�' ��iLERo•'�f n % 22 XX � • 9 s §�'rfie.g E 8 .. s�MH0 = °33 � S s s °T°f5 ymn� it � 'e�A ^mo d$'SmoxS 's ;3N :3N ;sue �e����^ e � tY �•gg W�9 a'YY TEES c 1 e 1. e E B s° EY % , u " "'^ . �3 4 a w 2 9 a e x a t, o 5 v �gg� s s 33 Y gl�o' S2 Da_ gg sq X gg_ c£ £ aA(fU G �'i5�om y aSE 33� 3 U 2Yn�y Egs rj� S5 b.i s �84 � m E a Ta joy£ Uq_ Qm- 9 S 6 $ SE P u go��� aEuE iE� Hill s €t e�' ��iLERo•'�f n % 22 XX � • 9 s §�'rfie.g E 8 .. s�MH0 = °33 � S s s °T°f5 ymn� it � 'e�A ^mo d$'SmoxS 's ;3N :3N ;sue To: Planning & Zoning Commission Item: REZ11 -00013 GENERAL INFORMATION: Applicant: STAFF REPORT Prepared by: Robert Miklo Date: September 15, 2011 Steve Gordon 2871 Heinz Road Iowa City, IA 52240 Phone: 319 - 354 -1961 Requested Action: Amending Overlay Planned Development Housing (OPD /RS -12) plan to allow existing ground floor commercial space to be used for commercial use or residential and to remove the requirement for 20 garage spaces. Purpose: To allow exiting 9,000 square feet of commercial space to be converted into five dwelling units. Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: West side of Heinz Road south of Highway 6. 2.73 Acres Mixed use buildings with 9,000 square feet of commercial space and 30 apartments — OPD /RS12 North: Multi- family housing, RM -20 South: Manufactured housing, OPD /RS -12 East: Multi- family housing, RM -20 West: Manufactured housing, OPD /RS -12 Duplex and /or small lot single family August 25, 2011 October 9, 2011 Sanitary sewer and municipal water service are available to this property Public Services: Garbage and recycling will be provided by a private hauler. Police and fire services will be provided by the City. The nearest bus stop is near Highway 6/ Heinz Road intersection, where both the Mall and Lakeside bus routes pass. BACKGROUND INFORMATION: The Saddlebrook development was annexed into the city in 1994. The annexation and zoning of this property was subject to a Conditional Zoning Agreement (CZA). The major conditions of the CZA specified that the applicant would provide for wetland protection and mitigation; construction of a trail network; dedication or payment of fees for neighborhood open space and dedication of a school site. The subject area was zoned RFBH, Factory-Built Housing Residential zone, at that time. The developer's original plan for Saddlebrook indicated that the area subject to this rezoning would be reserved for commercial uses, such as a convenience store, day care, dry cleaner, video rental store, mini - storage buildings and restaurants designed to primarily serve the residents of the manufactured housing park. At the request of the developer the zoning code was amended to allow a variety of commercial uses within a manufactured housing park. Prior to 2005 a number of mini - storage units were built, but no other commercial uses were developed within Saddlebrook. In the 2005 the applicant requested a rezoning from RFBH to High Density Single Family (RS -12) and a Planned Development Housing Overlay (OPD) to allow a mixed use development with offices and retail on a portion of the first floor and residential apartments on another portion of the first floor and the entire second floor. This was in lieu of the commercial uses originally proposed as part of the manufacture housing park. That application was approved and the mixed use buildings were built in 2006. The staff report for the 2005 rezoning is attached. The applicant is now applying to amend the OPD plan to allow the commercial space to be used for either commercial or residential uses. The applicant states that he has had difficulty leasing the spaces and feels that apartments would be a productive use of the property. The underlying RS -12 zoning would allow up to five additional dwelling units. The OPD plan that was approved in 2005 included two garages containing a total of 20 parking spaces near the west property line adjacent to the Bob Aire Manufactured Housing Park. The garages were not built when the apartment buildings were completed and the inspection department did not realize that they were a requirement of the OPD plan. The applicant is now requesting that the OPD plan be amended to show the garages being replaced by 20 surface parking spaces and an evergreen hedge. The hedge was planted when the development was built and now provides a screen between Bon Aire and the parking spaces. ANALYSIS: As noted the applicant's original plans for Saddlebrook included commercial uses to serve primarily the residents of development. Because of secondary access concerns further residential development within Saddlebrook has ceased. This has likely limited the market for commercial uses. McCollister Boulevard, an arterial street planned through the southern section of Saddlebrook, is not yet programed for construction. Once built, McCollister Boulevard will allow additional residential development in this area and will also lead to increased traffic counts on Hienz Road. Additional residential development and traffic may make the subject property more suitable for commercial activity in the future. In the interim the applicant's request would allow the existing buildings to be used for five additional apartments. If a market develops for commercial uses, the ground floor units could be converted back to function as commercial businesses. This flexible approach is similar to what is planned for other mixed use areas, such as Towncrest and Riverfront Crossings. In staff's 3 opinion this would be an appropriate strategy for this developing neighborhood. The OPD plan that was approved in 2005 included 20 garage stalls as an amenity to serve the residential units. The garages were also seen as providing a transition between the one story dwellings located within Bon -Aire, the adjacent manufacture housing park, and the two -story buildings on this property. Surface parking spaces were installed in place of the garages and the applicant would like to amend the plan to reflect this change. An evergreen hedge was planted to screen the surface parking areas from the adjacent dwellings. The applicant has indicated that the market does not support the construction of the garages and that they would be a financial burden on the project. The applicant also indicates that the evergreen hedge produces a more appealing transition to the adjacent residential uses than the back of a garage would. The Commission should determine whether the garage structures were an important element of the original OPD plan and should be built prior to the addition of more residential units, or whether the OPD plan should be amended to allow the surface parking and landscape hedge in lieu of garage spaces. STAFF RECOMMENDATION: Staff recommends that the REZ11- 00013, an application submitted by Mane Gate, LLC for an amendment to the Planned Development Overlay High Density Single Family (OPD /RS -12) zone to allow ground floor residential uses or a maximum of 9,000 square feet of commercial space for approximately 2.73 -acres of property located at 2785, 2829, and 2871 Heinz Road be approved. The Commission should determine if the garages are an important feature of the plan or if OPD plan should be amended to allow open parking spaces with the evergreen hedge in lieu garages. ATTACHMENTS: 1. Location Map 2. Site plan 3. Elevation drawings 4. 2005 Staff Report Approved by: c%�til Jeff Davidson, Director Department of Planning and Community Development S:\PCD\Staff Reports\REZ05 -00009 Saddlebrook mixed -use M O O O r-I N W ce 3 Z CD SlI W 1-1 )d1 o z - -'1\x TRIPLE CROWN LN ___ —. I 1 " i0 ONIMIOTdd I I II owisnw 10 NyouoWjI T Cn -- A I 0 k3N)IOVH 7 Q a 1 �l0 NVIBV [l0 3JVSS3 a nit II O - cLi110 3SOONVddV \1i10 31ddVO 11 <0 ZN31 00 N 00 N Ln 00 cN N a' 0 0 0 L 0 2 p � W d JNRl3dSIHM H U Y 0 TL R a- c ,=`oa' C LLJ a 0 c - 0 m H2 E ���+++��� NA ate' J j C b 1 1 C N .�F�2 p .- LL C gjf F .0 Q �xP1 S RIK (d � � � � Y � I V t S s Ny. lip 0 _ 'Ulm 5 m °. E s 00- a ass 3....Btean ' J • \ •, „yr "fl ��.>md Y t ro!luvw..e. uoU Pui 1 LO 4.✓ 5 i. • Ptl ptMl59LL Al _ 1 ca s Ie � F PgaS�v M gg � ae�j � r' �4p79 � Y E�B wEm gU� fgg � sl > m 1 11I s ° °5' y�Rs Ne�e4 1 �� E 5 v I • CB9 — •m : £2�� m Z - .. " � I i � — • Ptl °1•H ILBZ � 1 ;, i 1 e uZ " " § S u S • • • • •f',1{ M tfAi.6B5 11 d sa5u�F7AmS ^ °a ^ 1 41 J�= �Sm� =ew Imo O E�cs F °•��o„yR6" w E5 mcc J a °us °�msss °ins "s "s "h 0 < LU LLI D w CO � CY-1 D U U) w W w .j W UJ C) 17- 5 ui no rVA m < ui LL ui -j :D LU all", --q wil Ul 3 � a- 2011 AUG 2 W J 4 Z W 0 U) W O 0 W i— W Z O U W z O _< Q > uW-'i Wo W N uS W H O O a. O d CIT Y r n ,f A � ,i a W Q W 2 U) z Q W cr- z O < > W u J w W I- 0 W W Z O U W Q = W < — V) :D w - Q F > J w W <C W Z W W p W 0 O N M El STAFF REPORT To: Planning & Zoning Commission Prepared by: Jeffrey Banks, Planning Intern Item: REZ05 -00009 Date: July 6, 2005 GENERAL INFORMATION: Applicant: The Stables, LL.C. 805 S. Gilbert Street Iowa City, IA 52240 Contact Person: Brenda Nelson, Phone: 319 - 627 -6818 Requested Action: Rezoning from Residential Factory Built Housing (RFBH) to Overlay Planned Development Housing (PDH -12). Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: To allow construction of two -story, mixed use development with 30 residential units and 9,000 square feet of commercial space. West side of Heinz Road south of Highway 6. 2.72 Acres Office (former single - family dwelling) - RFBH North: Multi- family housing, RM -20 South: Manufactured housing, RFBH East: Multi family housing, OPDH -RS12 and RM -20 West: Manufactured housing, RFBH Duplex and /or small lot single family June 14, 2005 July 29, 2005 Sanitary sewer and municipal water service are available to this property Public Services: Garbage and recycling will be provided by a private hauler. Police and fire services will be provided by the City. The nearest bus stop is near Highway 6/ Heinz Road intersection, where both the Mall and Lakeside bus routes pass. 2 BACKGROUND INFORMATION: The Saddlebrook development was annexed into the City in 1994. The annexation and zoning of this property was subject to a Conditional Zoning Agreement (CZA). The major conditions of the CZA specified that the applicant would provide for wetland protection and mitigation; construction of a trail network; dedication or payment of fees for neighborhood open space and dedication of a school site. The subject area was zoned RFBH, Factory-Built Housing Residential zone, at that time. The applicant is now requesting a rezoning from RFBH to High Density Single Family (RS- 12) and a planned development housing overlay (OPDH) to allow the development of a mixed use development with offices and retail on a portion of the first floor and residential apartments on another portion of the first floor and covering the entire second floor. The OPDH request is necessary to allow the mix of commercial and multi - family proposed by the applicant. The current zoning designation (RFBH) would allow this area to be developed for manufactured housing units or limited commercial uses, such as convenience stores, beauty parlors, dry cleaning businesses, video rental stores and restaurants, designed to primarily serve the residents of the manufactured housing park. ANALYSIS: Comprehensive Plan: This land is located in the South Planning District. The land use plan for this area indicates that is it appropriate for small -lot single - family or duplex dwelling units. This designation was given to the property in 1997 and recognized the development plan that had already been approved for Saddlebrook, including small -lot single family homes in the RFBH zone. The current RFBH zoning classification allows for manufactured and /or mobile homes with provisions for limited commercial uses. When Saddlebrook was first planned it was the developers' intent to include commercial uses, as allowed by the RFBH, on the area now being requested for rezoning. The Comprehensive Plan provides guidance for the incorporation of commercial and mixed -use developments into new neighborhoods. The Plan states that, "Located near an arterial street, or near an intersection of two collector streets, a neighborhood commercial area associated with a public square or park can provide a focal point and gathering place for a neighborhood ... shopping areas within convenient walking distance for the residents in the immediate area, and may include such facilities as a post office substation, a day care center, small restaurants and a convenient store. The design of the neighborhood commercial center should have a pedestrian orientation with the stores placed close to the street, but with sufficient open space to allow for outdoor cafes and patios or landscaping. Parking should be located to the rear and sides of stores with additional parking on the street. Including public space, such as a town square in a commercial center, will allow such centers to be a focal point for their neighborhoods that can serve as an activity center for recreation, seasonal festivals, farmers markets, play areas and a bus stop. Apartments above businesses can provide needed housing while increasing the revenue stream for commercial establishments and enhancing the residential nature of the area. Townhouses or small apartment houses surrounding the commercial center can increase the customer base for the commercial uses end make efficient use of the services available in the neighborhood center." (p.21) The purpose of the PDH overlay zone is to allow flexibility in the use and design of structures and land in situations where conventional development many be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the zoning ordinance, inconsistent with the Comprehensive Plan or harmful to the surrounding properties. It is the intent of the PDH overlay to promote efficient land use with smaller utility and street networks, provide for flexibility in architectural design, preservation of 3 landscape features and open space and to promote an attractive and safe living environment compatible with surrounding residential developments. The proposed PDH -12 overlay will allow for mixed use structures with multi - family and commercial elements. The proposed development would be on a 2.72 acre lot, and would include three two -story buildings with a total of 9,000 square feet of commercial space on the first floor and 30 residential units of one or two bedrooms. The design also includes 79 parking spaces, which slightly exceeds the amount (76) required by the City. Behind the development, on the West side of the lot, are two parking garages, both of which are one -story in height. The applicant has proposed a design which incorporates a central green space surrounded by the three buildings with parking situated on a lane running behind the buildings. In staffs' opinion, there are several attractive design elements in the proposed building plans, such as the use of masonry construction, storefront windows and generous green space. There are a few existing mature trees which may be incorporated in the design. In staffs' opinion, this plan meets the intent of the Comprehensive Plan and the OPDH zone. There is evidence of a flexibility of design with the clustering of buildings on the site, a generous use of open space and an efficient plan for parking. The proposal generally helps promote an attractive and safe living environment which is compatible with surrounding residential developments. Compatibility with neighborhood: At the time the Saddlebrook development was annexed the properties lying to the north and east were zoned to RM -20 to allow for multi- family development. In staffs' view, the proposed mixed use multi - family development is compatible in scale and design with existing buildings in the area. The manufactured housing units to the West are lower scale but the proposed two -story building to the West is setback from the western property line by one -story garages along the property's edge which effectively provide a buffer to the two -story development. The existing RFBH zone lying to the south contains a clubhouse for the development and the current proposal is consistent with institutional and recreational character of the club house. In staff's opinion the proposed Planned Development is compatible with the surrounding development. To assure continued compatibility, staff recommends that the uses and signs of the proposed development are limited to those of the Community Commercial (CN -1) zone. Traffic implications: Proposed zoning is very similar to existing zoning and so significant additional traffic is not expected. Under the current zoning (RFBH) the developer could build the area out with either manufactured housing or limited commercial uses. Traffic anticipated for the residential units is 6 trips per day, or 180 VPD (vehicle trips per day) for the 30 units. This is not excessive for Heinz Road, a collector street. The proposed 9,000 square feet of commercial space will generate additional traffic, however, given the relatively small size of the commercial space and the anticipated neighborhood commercial uses, traffic volumes are not expected to overburden Heinz Road. Access and street design: The proposed development will be accessed from Heinz Road off Highway 6. Heinz Road is a collector street and is currently the primary access road for the Saddlebrook developments. In the past, because of increased number of housing units in the area, this single access road has been a concern. A Conditional Zoning Agreement on the overall Saddlebrook development allows occupancy permits for only 416 residential units until the time when a secondary access road is made available. Residential development is approaching the threshold of 416 units, however, as the Saddlebrook Meadows Part 1 development has been approved and platted, which includes plans for a secondary access route, staff expects that secondary access will soon be available to the Saddlebrook developments. Building permits will cease to be issued when the threshold is reached, until 4 such time as a secondary access road has been made available. Pedestrian access to the proposed development from Bon Aire Mobile Home Park, which lies directly to the West, is so limited as to encourage trespassing across the properties abutting the western side of the lot. Staff recommends, for this reason, that the proposed development expand pedestrian access in the West by building a sidewalk to the property line in the Southwest corner of the lot, where Bon Aire Mobile Home Park has a public area. Neighborhood parkland or fees in lieu of: A neighborhood open space dedication is required for this lot. At the time of the original Saddlebrook subdivision and the Conditional Zoning Agreement with Sycamore Farms, the Parks and Recreation Commission determined the amount of open space required for the entire subdivision to be 6 acres based on the Neighborhood Open Space Ordinance. At that time approximately 2 acres of neighborhood open space were proposed along the west side of Lot 6: An additional acre was proposed within the 50 -foot wide sanitary sewer easement between Lots 5 and 7. The remaining three acres of Neighborhood Open Space are to be provided along the west boundary of Saddlebrook when that is subdivided, so that it may be combined with open space required for the Gatens' tract to the West, in order to create a more substantial open space area. Infrastructure fees: The $395 per acre fee for water main extension was paid for by earlier Saddlebrook subdivisions. There is no sanitary sewer tap -on -fee for this portion of the city. Stormwater: Requirements for stormwater management for this property were addressed through the larger subdivision. STAFF RECOMMENDATION: Staff recommends that the rezoning of 2.72 acres from RFBG to OPDH -12 and the preliminary plan for Saddlebrook Addition Part 1, Lot 3, be approved subject to the following conditions: 1. Uses and signs limited to those of the Neighborhood Commercial (CN -1) zone. 2. Preserve and incorporate older existing trees, where possible, especially the Fir trees on the West edge of the lot and the large tree in the central green (perhaps building G could be shifted to the north a few feet to make room for the tree). ATTACHMENTS: 1. Location Map 2. Site plan 3. Elevation drawings Approved by: c Robert Miklo, Senior Planner, Department of Planning and Community Development S: \PCD \Staff Reports \REZ05 -00009 Saddlebrook rr xed -use F W C z (L Q g .lip. ae3�tl ��ga Y N 0 As €5s g s � e $ m g ID Hlin 5 RJR � Q ■ ■ ■ ■ TIN i g egg s ©I Q g .lip. ae3�tl ��ga Y N 0 As €5s g s � e $ m g ID Hlin 5 RJR � Q ■ ■ ■ ■ TIN i g egg s ©I From: unknown Page: 212 Date: 9/15/2011 8:02:34 AM September 14, 2011 To whom it may concern, We received a letter concerning the proposed changes at Mane Gate. We own a condo in Triple Crown and after doing some research we feel the amendments should be rejected. The reasons are as follows: 1) Our property value has decreased since we bought it in 2004. We recognize that some of this is due to the economy, but some of it is due to problems with the original construction and dues. Economic factors are out of our control. We feel that anything we can control should be addressed. 2) Garage spaces add value to a property. We noticed they put up an evergreen barrier, but that isn't permanent. Garage spaces are permanent and add value. 3) There are already enough apartments in the area. Parking is at a premium (especially at night). We don't need any additional housing to increase this problem. Maybe the developer could decrease the rent for commercial space since he would take in at least $3400.00 a month on five additional units. We feel once the property is changed, it wont ever get switched back to commercial space. We hope that moving forward the inspector and the developer will not miss anything on a project. We thank all the board for their time and consideration on this project. Sincerely, Dan a rb ueller 515- 276 -3684 REZ 11- opo�3 This fax was received by GFI FAXmaker fax server. For more information, visit: http://www.gfi.com From: Michael Roth <michaeljonroth @yahoo.com> Sent: Thursday, September 15, 2011 6:11 PM To: Bob Miklo Subject: REZ11 -00013 for 2785, 2820 and 2871 Heinz Roah Attn: Planning and Zoning Commission I am writing because I have concerns regarding application to change commercial zoning to residential use in above - mentioned property. There is already a large amount of rental property in the immediate vicinity, so I am not certain that changing from its original intended use is in the best interest of adjacent homeowners. Given the state of the current economy and the dramatic decrease in the price of our homes, we have legitimate concerns about anything that might further reduce our property values. Since many of the condominiums and manufactured homes have been rented and are not owner- occupied, there has been a decrease in standards, and the safety of our neighborhood is markedly reduced. In the original plans for second -floor rentals, Mane Gate LLC was supposed to build 20 garages. This requirement was "overlooked" by the builder and somehow not noticed or enforced by the City Inspector. Now that an expansion is desired to include first -floor rental units, the builder is seeking to be absolved of this original requirement of the initial approved plan and seeks the City's complicity. fffirst -floor rental units are allowed., I ask that the builder be required to comply with the initial approved plan by consyructing those 20 garages. This would likely result in a higher rental fee for the apartments, thus likely ensuring more desirable occupants for our neighborhood. Parking is already insufficient in the area at Triple Crown Condos and Mane Gate Apartments because of poor planning by this same developer, and as a result many people park on Heinz Road- even juming the white rail fences if necessary - for a close and convenient space. This situation will only worsen if additional rental units are allowed, because tenants will always park in the closest paves space unless they have a safe and protective garage. Thank you. Michael Roth 2781 Triple Crown Lane #12 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ11- 00013) ORDINANCE NO. AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT/OVERLAY HIGH DENSITY SINGLE FAMILY (OPD/fIS -12) PLAN FOR 2.73 -ACRES OF L ND LOCATED AT 2785, 2829 AND 2871 HEINZ ROADS (REZ11- 00013) j WHEREAS, On August 1 2005 the City Council adopted gdinance Number 05 -4171 approving a Planned Development Overlay ( PD) Plan for portions of Saddlebr ok Addition Part 1, Lot 3; and WHEREAS, the applicant, aSn Gate LLC, has requested a rezoning to amend the Planned Development Overlay High Dens. Single Family (OPD /RS -12�,' Plan for portions of Saddlebrook Addition Part 1, Lot 3 located at 2785, 2829 nd 2871 Heinz Road to allow ground floor residential uses in lieu of commercial space and to remove t requirement to build' 20 garage spaces shown on the original approved OPD Plan; and WHEREAS, the Planning and Zo ing Commission has the reviewed the proposed amendments to the OPD Plan and has recommended appro al. NOW, THEREFORE, BE IT ORDAINED BY E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The amended O Plan for the property described below is hereby approved: Lot 3 SECTION II. ZONING MAP. The Building In zoning map of the City of Iowa City, Iowa, to cons and publication of this ordinance by law. City Clerk is hereby authorized and directed to the same, at the office of the County Recor provided by law. SECTION IV. REPEALER. All ordina e: Ordinance are hereby repealed. Addtion Part 1 is hereby authorized and directed to change the this amendment upon the final passage, approval DING. 1pon passage and approval of the Ordinance, the !rtify a cop of this ordinance and OPD Plan and to record of Johnson County, Iowa, at the owner's expense, all as and parts of or4ances in conflict with the provisions of this SECTION V. SEVERABILITY. If a section, provision or part'Qf invalid or unconstitutional, such adju ii cation shall not affect the valid section, provision or part thereof no djudged invalid or unconstitution SECTION VI. EFFECTIVE D E. This Ordinance shall be in effE publication, as provided by law. MAYOR ATTEST: CITY CL RK Approved by City Attorney's Office the Ordinance shall be adjudged to be ty of the Ordinance as a whole or any after its final passage, approval and 4 :7�= C'- c:) 6e Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 1 1 -4/,48 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPH 14- 413- 413-23, TO MODIFY THE STANDARDS FOR VEHICLE REPAIR USES IN THE INTENSIVE COMMERCIAL ZONE WHEN LOCATED ADJACENT TO A RESIDENTIAL ZONE. WHEREAS, the Intensive Commercial (CI -1) Zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed; and WHEREAS, the CI -1 Zone is intended for the aforementioned types of uses, it also contains standards to buffer the negative aspects of allowed uses from adjacent residential areas; and WHEREAS, Vehicle Repair uses are a common use in the CI -1 Zone; and WHEREAS, a new distance requirement between Vehicle Repair Uses and Residential Zones was adopted in 2005 in the CI -1 Zone and in other less intensive commercial zones; and WHEREAS, due to adoption of the aforementioned distance requirement a number of existing Vehicle Repair Uses located in the CI -1 Zone have been classified as nonconforming uses, so would not be allowed to expand, nor would new Vehicle Repair Uses be allowed to locate in areas that have traditionally included these types of uses; WHEREAS, the Planning and Zoning Commission has reviewed the aforementioned distance requirement and found it to be too restrictive for a zone that is intended to provide location opportunities for vehicle repair uses; and WHEREAS, the Planning and Zoning Commission also found that other alternative standards to protect nearby residential uses from potential externalities, such as noise and late night operations, would be more appropriate for vehicle repair uses in the CI -1 Zone than a strict distance standard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting zoning code subparagraph 14- 413- 413-23a., and substituting in lieu thereof: a. The property containing the Vehicle Repair Use must be located at least 100 feet from any Residential Zone boundary, except in the CB -2 and CI -1 Zones. In the CB -2 Zone, the property containing the Vehicle Repair Use must be located at least 70 feet from any Residential Zone boundary. In the CI -1 Zone, if a Vehicle Repair Use is located on a property that abuts a residential zone boundary, the use must comply with the following additional standard: 1) In addition to the applicable Noise Control provisions set forth in City Code Section 6 -4 -3, all outdoor work operations are prohibited between the hours of 10 PM and 7 AM. Any indoor operations that result in noise exceeding 60 dba as measured at the residential zone boundary are prohibited between the hours of 10 PM and 7 AM. 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 Ordinance No. 11 -4448 Page 2 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 1 sth day of October 2011. MAYOR ATTEST: /��-) CITY CLERK Approved by City Attorney's Office 9-12-, 1,f Ordinance No. 11 -4448 Page 3 It was moved by Wilburn and seconded by Mims 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 -x_ Wright First Consideration 10/4/2011 Vote for passage: AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration --------------- Vote for passage: Date published 10/27/2011 Moved by Wilburn, seconded by Bailey, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Q 6f Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11-4449 _4449 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SUBSECTION 14- 4C -1D, TO CLARIFY A CROSS - REFERENCE REGARDING OFF - STREET PARKING LOCATED ON A SEPARATE LOT FROM THE USE SERVED AND TO DELETE SUBPARAGRAPH 14- 2C -4B- 3a., AN OBSOLETE PROVISION REGARDING SIDE AND REAR BUILDING SETBACKS IN COMMERCIAL ZONES. WHEREAS, updates to processes in the zoning code related to approval of off - street parking located on a separate lot were adopted in 2005 that allow administrative approval of such off -site parking when located in commercial zones; and WHEREAS, a cross - reference in Article 14 -4C, Accessory Uses and Buildings, needs to be changed to reflect the aforementioned update adopted in 2005; and WHEREAS, from time to time, zoning ordinance provisions are reviewed to make sure they are still relevant and effective; and WHEREAS, zoning code subparagraph 14- 2C- 4B -3a., which is related to side and rear building setbacks in commercial zones, has been found to be obsolete, since the purpose for which this provision was originally adopted is now addressed more clearly and effectively in the Fire Code; WHEREAS, the Planning and Zoning Commission has reviewed these minor clarifications and corrections to the zoning code and recommend 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: A. Deleting zoning code subparagraph 14- 2C- 4B -3a. in its entirety; and B. Deleting zoning code subsection 14 -4C -1 D, and substituting in lieu thereof: D. Except for off - street parking located on a separate lot as approved according to the provisions set forth in subsection 14- 5A -4F, Alternatives to Minimum Parking Requirements, the accessory use, building, or structure is located on the same lot as the principal use or uses to which it is accessory; and 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 18th day of October _,2011. MAYOR Approved by Ordinance No. _l1-4A49 Page 2 ATTEST: CITY ERK City Attorney's Office `� 2Oil Ordinance No. 11 -4449 Page 3 It was moved by Wilburn and seconded by mime 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 x _ Wright First Consideration 10/4/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Champion, Dickens, Hayek. NAYS: None. ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published 10/27/ o1 t Moved by Wilburn, seconded by Bailey, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. 69 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11 -4450 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, TABLE 2C -2(a); SECTION 14 -2C -6, SECTION 14 -2C -8, AND PARAGRAPH 14- 4B -4A -7, TO ESTABLISH DIMENSIONAL AND COMMERCIAL SITE DEVELOPMENT STANDARDS IN THE CENTRAL BUSINESS SERVICE (CB -2) ZONE SIMILAR TO STANDARDS APPLIED IN THE OTHER CENTRAL BUSINESS ZONES, AND TO CLARIFY AND ESTABLISH SETBACK AND ENTRANCE REQUIREMENTS, PROVIDE ADDITIONAL FLEXIBILITY FOR PARKING LOCATION, AND MODIFY CONSTRUCTION STANDARDS TO ACCOMMODATE UPPER FLOOR COMMERCIAL USES IN MIXED -USE BUILDINGS IN THE CENTRAL BUSINESS ZONES. WHEREAS, the zoning standards that apply in the Central Business Zones are intended to help ensure that the City's Central Business District develops as a compact urban area that features mixed -use storefront buildings, pedestrian- oriented streetscapes, and attractive and usable public spaces; and WHEREAS, it was determined during the Central District Planning process that the Central Business Service (CB -2) Zone did not have the types of zoning standards that would help achieve the aforementioned goals of the Central Business District; and WHEREAS, one of the goals of the Central District Plan is to adopt new standards for the Central Business Service Zone that are consistent with the other Central Business Zones; and WHEREAS, it is in the best interest of the City to clarify how certain dimensional standards of the Central Business Zone would apply to development that abuts City Plaza; and WHEREAS, it is in the best interest of the City to adopt zoning mechanisms that are flexible enough to foster creative solutions to development or redevelopment of difficult infill sites within the downtown area when there is practical difficulty meeting specific standards or requirements due to site constraints, provided that the intent of such a standard or requirement is met; and WHEREAS, it is the policy of the City to adopt zoning mechanisms that help create opportunities for new commercial development in the Central Business District; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the zoning code and recommend 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: A. Amend Table 2C -2(a) by deleting "none" and inserting a maximum front setback of 12 feet in the "CB -2" row, and inserting a new footnote number 7, to the FAR standard in the CB- 2 Zone, as follows, and re- numbering the current footnote 7 accordingly: 7. Maximum FAR is 2, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 3. B. Delete the heading of Section 14 -2C -8, and substitute in lieu thereof, "Central Business Site Development Standards." C. Delete subsection 14- 2C -8B, and substitute in lieu thereof: B. Applicability and Procedure The standards of this Section apply to all development in the CB -2, CB -5, and CB -10 Zones, unless otherwise noted herein. Ordinance No. 11-445 Page 2 D. Delete the heading of subsection 14- 2C -8C, and substitute in lieu thereof: C. Site Plan Review Procedure E. Delete paragraph 14- 2C -8C -1, and substitute in lieu thereof: 1. Prior to submitting a request for site plan review, the developer must participate in a pre - application conference with the Director of Planning and Community Development or designee to discuss the application of the Central Business Site Development Standards to the subject property. F. Delete the unnumbered paragraph in 14- 2C -8E, and substitute in lieu thereof: 1. No portion of the first story of a building shall be set back more than 12 feet from a front or streetside lot line, or a lot line that abuts City Plaza. If a setback is provided, the setback area must be used for one or more of the following purposes: G. Add a paragraph 14- 2C -8E -2 as follows: 2. In the CB -10 Zone, to prevent unsafe, unkempt spaces between buildings, the first two stories of a building must be built to the side lot line, unless the subject building wall abuts an alley or usable outdoor space, such as a plaza, green, courtyard, or mid -block pedestrian passage. Minor adjustments to this standard may be approved by the Building Official to account for irregular lot lines or to accommodate structural requirements, such as installing footings or foundations, or to maintain the structural integrity of an adjacent building, as long as the intent of this standard is achieved. H. Delete the heading of subsection 14- 2C -8G, and substitute in lieu thereof: "Surface parking location standards in the CB -2 and CB -5 Zones" I. Delete subparagraph 14- 2C- 8G -1.a, and substitute in lieu thereof: a. Parking and loading are not permitted for the first 30 feet of lot depth as measured from the front building line. Surface parking, parking within accessory structures, and all loading and unloading facilities must be located behind principal building(s) and concealed from view of fronting streets. Parking and loading areas may not be located between the building and the street or within any side setback area. J. Delete subparagraph 14- 2C- 8G -3.a, and renumber remaining subparagraphs accordingly. K. Delete subsections 14 -2C -8H through 14- 2C -8M, and substitute the following in lieu thereof, renumbering the current subsections 14 -2C -8N and 14- 2C -80, accordingly: H. Landscaping All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes, and plazas, must be landscaped with trees and /or plant materials. A landscaping plan for such areas must be submitted for site plan review. I. Drive - Through Facilities Drive - through facilities are not permitted in the CB -5 and CB -10 Zones. J. Mechanical Equipment, Utility Meters, and Dumpsters 1. In no case shall mechanical equipment or utility meters be located along the street side of a building. Mechanical equipment and meters must be placed at the rear of the property whenever possible. If this cannot be achieved, such equipment may be located along the side of the building, provided that the equipment is screened and set back according to the provisions for mechanical structures set forth in Article 14 -4C, Accessory Uses and Buildings. 2. Dumpsters and recycling bins must be located in areas that are not visible from public streets and may not be located in a right -of -way. Ordinance No. 11 744 0 Page 3 K. Outdoor Storage and Display 1. Outdoor storage and display areas are not permitted in the CB -2, CB -5 and CB- 10 Zones, except for approved Temporary Uses (see Article 144D of this Title) and Special Exceptions (see Article 14 -46 of this Title). 2. The storage of combustible or flammable materials or liquids is strictly regulated according to the provisions of Article 14 -5H, Performance Standards, and according to the International Fire Code, as amended. L. Commercial Space 1. On the ground level floor of a building, the floor to structural ceiling height must be at least 14 feet. 2. In the CB -10 Zone, on the second floor of a building, the floor to structural ceiling height must be at least 11 feet. 3. In the CB -2 and CB -5 Zones, the first floor of a building must meet the Building Code specifications for commercial uses. In the CB -10 zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. M. Building Entrances 1. Primary building entries must be distinguished by at least two of the following means: a. Canopies or awnings; b. Recesses; c. Raised cornice or similar architectural features; d. Architectural details, such as tile work and moldings that are integrated in the building structure and design. 2. To encourage commercial activity at the street level, entrances to storefronts must be at grade and the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground -level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building facade. 3. To provide safe access for residents within a mixed -use building, any building containing a residential use must have at least one door located on the on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. N. Minimum Fenestration 1. Along any street - facing building facade and along any portion of a storefront facade that abuts a pedestrian plaza, a minimum of 50 percent of the building facade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent windows and doors. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. Ideally, the bottom of such storefront windows should be no more than 2 feet above the level of the adjacent exterior grade. However, on sloping sites where it is difficult to meet this 2 -foot standard, the height above grade may vary, but Ordinance No. __L1-4A50 Page 4 shall not exceed 4 feet above the level of the adjacent exterior grade (See Figure 2C.2). Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Glazing shall not be reflective (mirrored). 2. In the CB -10 Zone, to encourage office and other commercial uses on the second floor of a building, no less than 30% of any second floor fagade that faces a public street or pedestrian plaza shall be comprised of windows. Glazing shall not be reflective (mirrored). O. Building Articulation 1. For buildings greater than 50 feet in width, the horizontal plane of any street - facing fagade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards: a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and /or parapet height; (4) Variation in the architectural details such as decorative pilasters, banding, reveals, stone or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. 2. For buildings that are 50 feet or less in width, at least every 12 feet in length of the street - facing wall must be articulated by a window, doorway, perceptible change in the wall plane, setback, artwork, or a change in building material. L. Amend Table 2C -4: Bonus Provisions to include the words, "CB -2 and," within the heading row currently labeled "CB -5." M. Delete paragraph 14- 5A- 3D -4., and substitute in lieu thereof: 4. Household Living Uses must provide parking according to the specified requirement in Table 5A -1. The parking must meet the standards specified in subparagraphs 5b. through e., below. If it can be demonstrated that there is practical difficulty providing the required parking for Household Living Uses on site, off -site parking for Household Living Uses may be approved by special exception according to the provisions of 14- 5A-4F, Alternative to Minimum Parking Requirements. N. Delete sub - subparagraph 14- 5A- 3D- 5e(1), and substitute in lieu thereof: (1) The proposed structured parking will not detract from or prevent ground floor storefront uses. Structured parking may be permitted on the ground level floor of a building, provided that a substantial portion of the ground level floor of the building is reserved for and built to accommodate storefront uses. On the ground level floor of the building, parking is not allowed within the first 50 feet of building depth as measured from the front building line. The Board of Adjustment may reduce this storefront depth requirement if the applicant demonstrates that conditions on the subject property create a practical difficulty in achieving full compliance. In such a case, the applicant must demonstrate that the resulting alternative storefront space, both the interior and exterior, will be of a quality in both design and materials that will enhance the commercial character of the Central Business District. To mitigate for loss of ground floor commercial space, the Board may also require additional quality commercial space be included on an upper floor or mezzanine level and said space be reserved for non - residential uses. Ordinance No. 11 -44 0 Page 5 O. Delete paragraph 14- 2C- 6B -1., and substitute in lieu thereof: 1. The standards of this Section apply to all development in the CO -1, CC -2, CI -1, and CH -1 Zones, unless specifically exempted. P. Delete paragraph 14- 2C- 6B -3., and substitute in lieu thereof: 3. Development in the CB -2, CB -5, and CB -10 Zones is subject to the Central Business Site Development Standards specified in Section 14 -2C -8. Q. Delete the heading of paragraph 14- 2C- 61 -1., and substitute in lieu thereof: 1. In the CO -1 and CC -2 Zones R. Delete the introductory sentence under paragraph 14- 2C -61 -1, and substitute in lieu thereof: "Outdoor storage and display of materials is not permitted in the CO -1 or CC -2 Zones, except for the following:" S. Delete sub - subparagraph 14- 4134A- 7c(1), and substitute in lieu thereof: (1) To provide safe access for residents within a mixed -use building, any building containing a Residential Use must have at least one door on the exterior of the building that provides pedestrian access to the dwelling units within the building. Said entrance must be located on a building wall that faces a street, public sidewalk, or pedestrian plaza and is visible from and easily accessed from said street, sidewalk, or plaza. Access to dwelling units must not be solely through a parking garage or from an alley. T. Add a sub - subparagraph (3) to subparagraph 14- 4B- 4A -7d, as follows: (3) In the CB -10 Zone, for the first two floors of a building, construction must meet the Building Code specifications for commercial uses. U. Delete subparagraph 14- 5A- 517-1b., and renumber the remaining subparagraphs accordingly. 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 18th day of October , 2011. Aw" MAYOR Approved by ATTEST: dwiq CITY C RK City Attorney's Office 9 /a ; & Ordinance No. 11 -4450 Page 6 It was moved by Wilburn and seconded by 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 x_ Wright Mims that the Ordinance First Consideration 10/4/2011 Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Dickens, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration --------------- - - -- Vote for passage: Date published 10/27/2011 Moved by Wilburn, seconded by Bailey , 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. API - r Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11 -4451 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, PARAGRAPHS 2A -6C -4 AND 4B- 1A, TO ALLOW AN APPLICANT TO SEEK A MINOR MODIFICATION TO THE SINGLE FAMILY SITE DEVELOPMENT STANDARD THAT ESTABLISHES MINIMUM DRIVEWAY LENGTH WHEREAS, the single family site development standard that requires a minimum driveway length between a carport or garage and the public right -of -way is intended to ensure that parking areas are located so as to prevent vehicles from blocking sidewalks and to ensure that there is enough space to provide for public safety as drivers back out of their garages and carports; and WHEREAS, it is reasonable and in the best interest of the City to provide for flexibility in applying the aforementioned standard in cases where topography or other unique circumstance would make compliance impractical, yet where the spirit of the standard can be upheld and public safety will not be compromised; and WHEREAS, the Planning and Zoning Commission has reviewed the zoning code amendments set forth below and 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: A. Delete paragraph 14- 2A -6C -4, and substitute in lieu thereof: 4. Garages and carports must be located so as to provide a driveway, at least 25 feet in length, between the entrance to the garage or carport and the street right -of -way line. Garages and carports accessed from an alley must be located so as to provide a driveway at least 5 feet in length between the entrance to the garage or carport and the alley right -of -way line. In cases where the configuration of the lot, the topography, and /or other physical characteristic of the property makes the application of this standard impractical, a minor modification may be requested to reduce the driveway length, provided that the following approval criteria are met in addition to the general minor modification standards set forth in 14 -413-1 B: a. There will be at least 25 feet of driveway length between the entrance to the garage or carport and any existing public sidewalk. In cases where there is no public sidewalk, but where a public sidewalk is likely to be built in the future, there must be at least 25 feet of driveway length between the entrance of the garage or carport and the likely location of a future public sidewalk, as determined by the City. b. The resulting garage or carport location and driveway length will not compromise public safety along the fronting street or alley. B. Amend subsection 14 -413-1A by adding a paragraph 22, as follows: 22. A modification of the required driveway length in single family zones according to the provisions set forth in 14- 2A -6C -4. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions Ordinance No. 11 -4451 Page 2 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 thisl8th day of October , 2011. Sc „ MAYOR ATTEST: � ss -) CITY ERK Approved by ink City Attorney's Office 71az 7 6 Ordinance No. 11 -4451 Page 3 It was moved by Wilburn and seconded by Mims 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 x Wright First Consideration 10/4/2011 Vote for passage: AYES: Wright, Bailey, Champion, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None. Second Consideration --------------- - - - - -- Vote for passage: Date published 10/27/2011 Moved by Wilburn, seconded by Bailey, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 11-4452 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, ARTICLE 4A, USE CATEGORIES, TO ADD A NEW USE CATEGORY ENTITLED, "BUILDING TRADE USES" AND ASSOCIATED AMENDMENTS TO ALLOW SAID BUILDING TRADE USES IN THE CI -1, 1 -1, AND 1 -2 ZONES AS PERMITTED USES AND IN THE CC -2 ZONE AS PROVISIONAL USES AND TO ESTABLISH APPROVAL CRITERIA FOR SAID PROVISIONAL USES IN ARTICLE 14 -4B. WHEREAS, the zoning code contains a use classification system that categorizes land uses on the basis of common functional, product, or physical characteristics. These use categories provide a systematic basis for assignment of present and future uses to zoning districts within the city; and WHEREAS, the Industrial Service Use category includes firms that are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products, or by- products; and WHEREAS, building contractor's facilities are listed as an example of an industrial service use, however, there are a broad range or building contractor's facilities, some of which function and have physical characteristics similar to office uses, with only minor indoor storage or fabrication activities, and do not include the types of externalities sometimes associated with heavier construction contractors or industrial service businesses; and WHEREAS, less intensive building contractor businesses may be a good fit within the city's general commercial areas and should not be restricted solely to intensive commercial and industrial zones; and WHEREAS, it is in the best interests of the city to establish a new use category if there is a group of uses that cannot be clearly classified into an existing land use category, but for which there is a desire to systematically assign said uses to appropriate zoning districts throughout the city; and WHEREAS, the Planning and Zoning Commission recommends approval of the following code amendments to establish a new land use category for "building trade uses" and assign said uses to appropriate zoning districts within the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Title 14, Tables 2C -1 and 2D -1, by inserting a new row within each of said tables labeled, "Building Trade Uses" and indicating that said "Building Trade Uses" are a permitted use (P) in the CI -1, 1 -1, and 1 -2 Zones, and a provisional use (PR) in the CC -2 Zone, as shown below in the relevant excerpts from the aforementioned tables: Table 2C -1 - Principal Uses Allowed in Commercial Zones USE CATEGORIES SUBGROUPS CO -1 I CN -1 CH -1 CH CC -2 I CB -2 I CB -5 CB -10 MU Commercial Uses Building Trade Uses P PR Ordinance No. 11 -4452 Page 2 Table 2D -1 - Principal Uses Allowed in Industrial and Research Zones USE CATEGORIES SUBGROUPS I -1 1 -2 RDP ORP ♦.vnunm ua v Building Trade Uses P P B. Amend Title 14, Table 5A -2, by inserting a new row labeled "Building Trade Uses" and under the "Parking Requirement" column, inserting a minimum parking requirement for said "Building Trade Uses" as 1 space per 750 sq. ft. of floor area" and under the "Bicycle Parking" column, insert, "None required," in the new row established for Building Trade Uses, as shown below in the relevant excerpt from the Table 5A -2: Table 5A -2: Minimum Parking Requirements for all zones, except the CB -5 and CB -10 Zones USE CATEGORIES SUBGROUPS Parking Requirement Bicycle Parkin Commercial Uses Building Trade Uses �Ispce per 750 sq. ft. of floor area None required C. Amend Section 14 -4A -4, Commercial Use Categories, by adding the following subsection, which shall be inserted in alphabetical order with the other subsections re- lettered accordingly: C. Building Trade Uses 1. Characteristics Building Trade Uses are characterized by firms who undertake activities of a type that are specialized either to building construction or to both building and non - building construction projects. These specialized trade contractors may work on subcontract from the general contractor, performing only part of the work covered by the general contract, or they may work directly for the owner of the building or project. Building trade contractors primarily perform their work at the site of construction, although they also may have shops where they perform work incidental to the job site. 2. Examples Electrical, plumbing, heating, and air conditioning contractors, painting and wall papering services, masons, stone and tile setters, glass and glazing services. 3. Accessory Uses Off - street parking, workshops, storage. 4. Exceptions a. Contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. b. Businesses that repair and install glass in automobiles, trucks and other vehicles are classified as Vehicle Repair Uses. C. Uses specializing in heavy construction work, or that include major fabrication or assembly activities, or that store large quantities of materials on -site will be classified as Industrial Service, Manufacturing and Ordinance No. 11 -4452 Page 3 Production, and /or Warehouse and Freight Movement depending on the particular characteristics of the use (See 14 -4A -2 Classifying Uses). d. Artisans and artists that manufacture or assemble goods made of wood, glass, metal, tile, stone or similar that are intended for sale to the general public are categorized as Cottage Industries, as defined in Article 14 -9A, General Definitions. D. Amend subsection 14- 413-413, Commercial Uses, by adding the following paragraph 4, and re- numbering the current paragraph 4 and all paragraphs that follow accordingly: 4. Building Trade Uses in the CC -2 Zone a. All aspects of the operation must be conducted indoors; and b. Except for fleet vehicle parking, outdoor storage of materials or equipment is not allowed. E. Delete paragraph 14- 4A -5A -2, and substitute in lieu thereof: 2. Examples Facilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; exterminators; fuel oil distributors; solid fuel yards; laundry, dry- cleaning and carpet cleaning plants; schools for industrial trades. F. Delete subparagraph 14- 4A- 5A -4a., and substitute in lieu thereof: a. Building contractors who primarily perform services off -site are included in the Building Trade Uses category. However, contractors and others who perform services off -site are included in the Office Use category if large equipment and materials are not stored indoors or outdoors on the site, and fabrication, or similar work, is not conducted on the site. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 18th day of October , 2011. MAYOR ATTEST:_ CITY CL K Approved by 4tAy' Ordinance No. 11 -4452 Page 4 It was moved by Wi i burn and seconded by Mims 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 x Wright First Consideration 10/4/2011 Vote for passage: AYES: Bailey, Champion, Dickens, Hayek, Mims, Wilburn, Wright. NAYS: None. ABSENT: None. Second Consideration --------------- - Vote for passage: Date published 10/27/2011 Moved by Wilburn, seconded by Bailey, 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: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. N Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5247 ORDINANCE NO. 1 1 -4[53 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B, ENTITLED "EXCEPTIONS" WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for North Dodge Street (Iowa Highway 1); and . WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; WHEREAS, the City Engineer recommends the speed limit on North Dodge Street (Iowa Highway 1) from a point 300 feet north of Prairie Du Chien Road to a point 315 feet north of Conklin Lane be designated 35 miles per hour; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B, entitled "Exceptions" is hereby amended by deleting the following language: Maximum Speed Limit Name of Street (MPH) Where Limit Applies Iowa Highway 1 45 From the intersection of North Dubuque Road to a point 600 feet south of the city limits and replacing it with the following language: 1_)�_ ,7, Maximum Speed Limit Name of Street (MPH) Where Limit Applies Iowa Highway 1 45 From a point 315 feet north of the intersection of Conklin Lane to a point 670 feet north of the intersection of Northgate Drive Iowa Highway 1 35 From a point 300 feet north of the intersection of Prairie du Chien Road to a point 315 feet north of the intersection of Conklin Lane SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Page 1 of 2 Ordinance No. Page 2 11 -4453 Passed and approved this 18th day of October , 2011. �i 4 MAYOR ATTEST: CIT LERK Appr ved by wt 7 1]-,/- �. "City Attorney's Office Page 2 of 2 Ordinance No. 11 -4453 Page 3 It was moved by Wilburn and seconded by Mims 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 x_ Wright First Consideration 10/4/2011 Voteforpassage: AYES: Champion, Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. Second Consideration ----- - - - --- Vote for passage: Date published 10/27/2011 Moved by Wilburn, seconded by Wright, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Wilburn, Wright, Bailey, Champion, Dickens. NAYS: None. ABSENT: None. Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 ORDINANCE NO. 111 -4454 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE TOWNCREST URBAN RENEWAL AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE TOWNCREST URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 10 -509 passed and approved on the 7th day of December, 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area known as the Towncrest Urban Renewal Area, (the "Urban Renewal Area "), which Urban Renewal Area includes the lots and parcels located within the area legally described as follows: 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 Ordinance No. 11 -4454 Page 2 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; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of Ordinance No. Page 3 11 -4454 each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 18th day of October , 20 11 MAYOR ATTEST: A2!� � :!�-- !;�� CftY CLERK Appr ved by ty Attorney's Office /�� /�� Ordinance No. 11 -4454 Page 4 It was moved by Bailey and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey Champion x x Dickens x Hayek x Mims x Wilburn x Wright First Consideration 9/20/2011 Vote for passage: AYES: Mims, Wilburn, Wright, Bailey, Dickens, Hayek. NAYS: None. ABSENT: None. ABSTAIN: Champion. Second Consideration 10/4/2011 Vote for passage: AYES: Dickens, Hayek, Mims, Wilburn, Wright, Bailey. NAYS: None. ABSENT: None. ABSTAIN: Champion. Date published 10/27/2011 � T w J Prepared by: Susan Dulek, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356 -5030 ORDINANCE NO. 11-4495 AN ORDINANCE AMENDING CITY CODE TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 12, ENTITLED "APPEALS," TO ELIMINATE THE COMPOSITION REQUIREMENTS OF THE BOARD OF APPEALS. WHEREAS, the appeals procedure for the Building Code, Plumbing Code, Mechanical Code, and Fire Code includes the composition of the Board of Appeals; WHEREAS, the composition need not be contained within the City Code; and WHEREAS, the City Council believes that it is in the best interest of the City of Iowa City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 17, entitled "Building and Housing," Chapter 12, entitled "Appeals," Section 1 is hereby amended by deleting it in its entirety and substituting in lieu thereof the following new Section 1: A Board of Appeals is established. Members shall be appointed by the City Council. The number of Board members, the terms, and eligibility requirements shall be set forth in by -laws, which are approved by City Council. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18thday of October , 2011. ATTEST:�!� CI ERK Approved by City Attorney's Office Ordinance No. 11 -4455 Page 2 It was moved by Wright and seconded by Mims 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 x Wright First Consideration 10/4/2011 Vote for passage: AYES: Bailey, Champion, NAYS: None. ABSENT: None. Second Consideration --------------- -- Vote for passage: Date published 10/27/2011 Dickens, Hayek, Mims, Wilburn, Wright. Moved by Wright, seconded by Mims, 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, Dickens, Hayek, Mims, Wilburn. NAYS: None. ABSENT: None.