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HomeMy WebLinkAbout2013-04-23 Ordinance��� 7b r Pre ared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00003) p ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING ACRES FROM LOW DENSITY SINGLE-FAMILY FAMILY OF RESIDENTIAL (R) AND APPROXIMATELY 2. RESIDENTIAL (RS -5) TO LOW - DENSITY MULTI-FAMILY TINE AVENUE AND AMERICAN )LEGION LOCATED EAST ROAD. REZ13 -00002 8� REZ1S -000003) MUSCA ( has requested annexation and rezoning of approximately 2 WHEREAS, the applicant, Allen Homes, acres located near the northeast corner of Scott Boulevard and American Legion Road from County Residential (R) to Low- Density Multi - Family (RM 12), roximately 2.38 acre s WHEREAS, the applicant, Allen Homes, has also requested a rezoning of app located at 3410 Muscatine Avenue from Low - Density Single- Family Residential (RS -5) to Low - Density Multi- Family Residential (RM -12); and and the ability of WHEREAS, American Legion Road is a rural development sidewal subject gutters or storm sewers, which inhibits. the ability of said road to serve fu residents to walk or bike outside the immediate area; and ro riate for WHEREAS, the Southeast District Plan future land -use map depicts the subject area as app p low- to medium - density multi - family residential development; and conditions addressing the need for a WHEREAS, the Planning and Zoning Commission has at time dshe proposed rezoning and determined that it comp and sidewalks 'along the ppoperty's frontage with Scott Boulevard and American Legion street improvements Road; and 414.5 (2013) provides that the City of Iowa City may impose reasonable WHEREAS, Iowa Code § conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested c change; have agreed that the property shall be developed in accordance WHEREAS, the owner and app appropriate with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure app p development in this area of the city. OW THEREFORE, BE IT ORDAINED BY THE CIT al COUNCIL onin CAg OF ement attached hereto and incorporated NOW, SECTION I APPROVAL. Subject to the Conditiona 9 herein the property described below is hereby reclassified from its current zoning designation of County Residential (R) to Low - Density Multi - Family (RM -12): LEGAL DESCRIPTION Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Johnson County. Iowa, Thence S89 °26'36 "E, along the Soutoh Line ont of Southwest Quarter of the Northwest Quarter feetoto al Point Section the South Line ne off Parccell feet, theBR is the Records of the Thence N01 3010 W, 510.0 180.08 feet; Thence Acquisition, in accordance with Office I Thence fS89 2 Recorded 12 "E, al ongosaid9South L Line, 180-08 Northwest Quarter; Johnson County Recorders , S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Quarter of Thence N89 °26'36 "W, along said South Line, 161.75 feet, to the Point of Beginning• hereto and incorporated SECTION II APPROVAL. Subject to the Conditional Zoning Agreement attached rein the property described below is hereby reclassified from its current t zoning designation of Low - Density he P Single- Family Residential (RS -5) to Low - Density Multi-Family Ordinance No. Page 2 LEGAL DESCRIPTION Township 9 North, Range 5 West, of the Fifth Commencing at the West Quarter Corner of Section 1Thence p S89 026'36 "E, along the South Line of the Principal Meridian, Iowa City, Johnson County. Iowa, Ri ht- of1Way Line of Scott Boulevard, a distance of Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Point o0 Beginning; Thence N01 030'10 "W, along the Easterly g 207 76 feet; Thence Northeasterly, , 304.63 whose feet, along said rd bears N06h27 37"Eyto Line, on a its intersection with fthe radius curve, concave Southeasterly, whose 303.65 foot Acquisition, in accordance with the Plat thereof South Line of Parcel 1, of the _ "Ralston Creek Property Thence Recorded in Plat Book 19, at Page 84 of the Records The ce Sol '3010SE, 510.03 feet, Recorder's Point on the SL Line, S89 °27'12 "E, along said South Line, 208.07 feet; Line of said Southwest Quarter of the Northwest Quarter; Thence N89 °26'36 W, along said Sou 250.16 feet, to the Point of Beginning orized and directed a the zoning SECTION III. ZONING MAP. The buildingg cial i sham by auth tupon thefinal passage, approval and map of the City of Iowa City, Iowa, to conform to publication of the ordinance as approved by law. owner(s) and the SECTION IV. CONDITIONAL ZONING AGREEMENT. The eement between he property authorized and directed o sign, and the City Clerk to attest, the Conditional Z� royal of the Ordinance, the City, following passage and approval of this Ordinance. SECTION V. CERTIFICATION AND RECORDING. Upon op th saord nance, and record the same in the City Clerk is hereby authorized and directed to certify Iowa, at copy he Owner's expense, upon the final passage, Office of the County Recorder, Johnson County, approval and publication of this ordinance, as provided by law. SE CTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. provision or part of the Ordinance shall be adjudged to be SECTION VII. SEVERABILITY. If any section, any invalid or unconstitutional, such adjudication shall oaunconstitutilonal, of the Ordinance as a whole or oval section, provision or part thereof not adjudged invali SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, appr and publication, as provided by law day of 2013. Passed and approved this MAYOR ATTEST: CITY CLERK Prepa red by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240, 356 -5251 (REZ13- 00002 /REZ13- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation " , and Sally Hall and Hieronymus Family Partnership LLP (hereinafter (hereinafter "Cit Y ) collectively "Owners "). e legal title holders of approximately 4.83 acres of property WHEREAS, Owners are th cott Boulevard and American Legion Road; an located at the northeast corner of S ensit WHEREAS, the Owners have requested the rezoning of said property from Low - D Y tial (RS -5) and County Residential (R) to Low - Density Multi - Family Single Family Residen Residential (RM -12) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate WH lete, conditions regarding improvements to American Legion theses miprovlements a e temporary cond frontage with said r sidewalk along the property's frontage with Scott Boulevard, dedicatio f of installation of sidewalk along the property's and design review to ensure compatibility public right -of -way within the subject property, '- mil development, the requested zoning is consistent with the Comprehensive Plan; an multi fa y impose WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may p conditions on granting an applicant's rezoning request, over and above existing reasonable co ubllc needs caused by the requested regulations, in order to satisfy p WHEREAS, the Owners acknowledge that ce Bacons stent and restrictions are Comprehensive reasonable to ensured the development infrastructure improvements, traffic safety and neighborhood Plan and the nee compatibility; and to develop this property in accordance with the terms and WHEREAS, the Owners ag ree conditions of a Conditional Zoning Agreement- NOW, parties THEREFORE, in consideration of the mutual promises contained herein, the p agree as follows: e holder of the property legally described as follows: 1, Sally Hall is the legal titl Johnson County. Iowa, Thence Commencing at the West Quarter Corner f Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, to tY ° 6'36 E, along the South Line of the Southwest to the Point tof Beginning; t tance S89 2 Quarter of said Section 18, a dis Easterly Line of Scott Boulevard, a Thence N01 °30'10 "W, along y said Easterly distance of 207.76 feet; Thence Northeasterly, 304.63 feet, along Right-of-Way Line, on a 1095.92 foot radius curve, cct intersection with the South Line of 303.65 foot chord bears N06 27 37 E, to i 1 of the Ralston Creek Property Acquisition, in accordance with the Plat Parcel , e 84 of the Records of the Johnson thereof Recorded in Plat Book 19, at Page County Recorder's Office; Thence S89 °27'12 "E, along e South Line of said Southwest Thence S01 °30'10 "E, 510.03 feet, to a Point on .,.... ­ A—ft doc Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line, 250.16 feet, to the Point of Beginning. property le all Hieron mus Family Partnership LLP is the legal title holder of the prop Y g Y 2. Y described as follows: Johnson County. Iowa, Thence Commencing at the West Quarter Corner of 18, Township 79 North, Range 5 West, of the Fifth Principal o f t S89 °26'36 "E, along the South Line c the 0-19hf Southwest Quarter he point tof Beginning; Quarter of said Section 18, a distance of 300. Thence N01 °30'10 "W, 510.03 feet, to a Point on the w th the Plat thereof Recorded The Acquisition, in accordance Recorder's Ralston Creek Property Thence in Plat Book 19, at Page 84 of the Records of the Johns 180 08 County Office; Thence S89 °27'12 "E, along said South Line, SO 0 °33'24 "W, 509.73 feet, to a Point on the Sou 'n along said SouSouth Line, 161..76 feet, of the Northwest Quarter; Thence N89 26 36 to the Point of Beginning. principles Southeast Ian. Further, the parties 3. The Owners acknowledge that the City wishes ensure strict conformance to the p th Of the Comprehensive Plan and 5 (2013) provides that the City of Iowa City may acknowledge that Iowa Code § a rezoning request, over and above the impose reasonable conditions on granting existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owners agree that elo ment of the subject property will conform to all other requirements of the zoning dev p chapter, as well as the following conditions: a. Prior to receiving a building permit for development on the subject property, owners shall pay fees to cover 12.5% of errties to City y strreetlstandards; andegion Road frontage adjacent to the subject etrmri prop a building on the subject property, b. Prior to receiving an occupancy p y for 3 feet of the owners shall install an 8 -foot wide property's faontatge with Scoltt Boulevard; and required 8 -foot width) along the y permit for a building on the subject property, c. Prior to receiving an occupancy p sidewalk along the property's frontage owners shall install a 5 -foot wide temporary with American Legion Road unless a permanent sidewalk has already been installed; and permit the owners shall dedicate and construct a 60- d. Prior to issuance of a building p property line of the property to be annexed; and foot wide street along the eastern prop Y applicant shall dedicate the street right -of- e. Prior to issuance of a building permit the necessary for the improvement of Scott Boulevard and American Legion Road way roved as illustrated on the attached exhibits; ando properties shall be reviewed and app f. The development plan for the subject to issuance of a building permit. by the Design Review Committee prior 5. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. red The Owners and City acknowledge that in the event the subject property is transferred, 6. 2 ,zmnn9 rez13 -00002 cza draft.doc sold redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The arties acknowledge that this Conditional Zoning Agreement shall be deemed to be 7. p force a covenant running with the land and with title t) unless or untilrre eased of full reco d , and shall and effect as a covenant running with title to the land by the City., of Iowa City. parties further acknowledge that this agreementa�elsinure to the benefit of and bind T he all successors, representatives, and assigns of the p 8. The Owners and Applicant acknowledge that nothing in this from Conditional w n agll Agreement shall be construed to relieve the Owne rs or other applicable local, state, and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by g p and that upon adoption and reference into the ordinance rezoning the subject property, ublication of the ordinance,. this agreement shall be recorded in the Johnson County p Applicants expense. Recorder's Office at the App Dated this — day of 2013. Sally Hall, Owner CITY OF IOWA CITY By: Matthew J. Hayek, Mayor Hieronymus Family Partnership, LLP, Owner Attest: Marian K. Karr, City Clerk Approved . re 3 By: CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before 'me on 2013 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 INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY) day of , 20 ,before me, the undersigned, a On this y persona —appeared Notary Public in and for said County, in said State, p y pP to me known to be the ed that (he /she /then) exe urted the executed the within and foregoing instrument, and acknow led g (his /her /their) voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: PARTNERSHIP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: ir)HNg0N COUNTY ) , 20 ,before me, the undersigned, a Public in On this day of to me and for the State of Iowa, personally appeared known, who being by me duly sworn, did say that the person partners of is one of the an Iowa General /Limited Partnership, and that the instrument was t. signed on behalf of the partnership by authority of act and deed of the partnership by it, by the execution of the instrument to be the voluntary partner voluntarily executed. 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VZ NO W LL cy ' I Cy I I I Q wo 31; a iq oZ I I I • � I gag ®1 ; Imo( ID U �MQ I g I I i�g i4 45.0' I I I I I I __ - -� 1 7ffi3 ax� p z��"r'i 10� I I 76 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 =5�i4 �1RE213- 00003).- ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2 ACRES FROM COUNTY RESIDENTIAL (R) AND APPROXIMATELY 2.83 ACRES FROM LOW - DENSITY SINGLE -FAi ILlr� --' RESIDENTIAL (RS-5) TO LOW - DENSITY MULTI - FAMILY RESIDENTIAL (RM -12) LOCAT9D EAS'I`'OF SCOTT BOULEVARD AND NORTH OF MUSCATINE AVENUE AND AMERICAN LEGION ROAD.(REZ13 -00002 & REZ13 -00003) WHEREAS, the a licant, Allen Homes, has requested annex acres located near the northeast corner of Scott Boulevard and Residential (R) to Low -De ity Multi - Family (RM -12); and WHEREAS, the appli t, Allen Homes, has also requested located at 3410 Muscatine A nue from Low - Density Single- Family/l Family Residential (RM -12); an WHEREAS, American Legi Road is a rural road wi which inhibits the ability of said r d to serve future develc residents to walk or bike outside the 'mmediate area; and WHEREAS, the Southeast Distrl t Plan future land -use low- to medium - density multi - family re ' ential development; WHEREAS, the Planning and Zoni Commission has that it complies with the Comprehensive Ian provided t street improvements and sidewalks along a property's f I Road; and WHEREAS, Iowa Code §414.5 (2013) ro conditions on granting an applicant's rezoning r public needs caused by the requested change; a WHEREAS, the owner and applicant have with the terms and conditions of the Conditional development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY T E CITY SECTION I APPROVAL. Subject to the onditiona herein, the property described below is h eby recta: Residential (R) to Low - Density Multi -Fami (RM -12): and rezoning of approximately 2 rican Legion Road from County rezoning of approximately 2.38 acres esidential (RS -5) to Low - Density Multi- idewalks, curb, gutters or storm sewers, on the subject property and the ability of depicts the subject area as appropriate for ,viewed the proposed rezoning and determined it meets conditions addressing the need for a age with Scott Boulevard and American Legion the City of Iowa City may impose reasonable and above existing regulations, in order to satisfy that the property shall be developed in accordance I Agreement attached hereto to ensure appropriate ;IL OF THE CITY OF IOWA CITY, IOWA: Agreement attached hereto and incorporated )m its current zoning designation of County Commencing at the West Quarte Corner of Section 18, Township 9 North, Range 5 West, of the Fifth Principal Meridian, Joh/ith ty. Iowa, Thence S89 °26'36 "E, alo the South Line of the Southwest Quarter of the Northweof said Section 18, a distance of 300. 9 feet, to the Point of Beginning; Thence N01 °30'10 "W, 5, to a Point on the South Line of Parcel , of the Ralston Creek Property Acquisition, in accordan Plat thereof Recorded in Plat Book 1 9, a age 84 of the Records of the Johnson County Recor e; Thence S89 027'12 "E, along said Sout Line, 180.08 feet; Thence S00 °33'24 "W, 509.73 feet, to a Point on the South Line of said Southwest Qua r of the Northwest Quarter; Thence N89 026'36 "W, along said South Line, 161.75 feet, to the Point of Beginning. SECTION II APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Low - Density Single - Family Residential (RS -5) to Low - Density Multi- Family Residential (RM -12): Ordinance No. Page 2 LEGAL DESCRIPTION Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County. Iowa, Thence S89 026'36 "E, along the South Line of the Southwest Quarter of the Northwest Quarter of said Section 18, a distance of 50.03 feet, to the Point of Beginning; Thence N01 030'10 "W, along the Easterly Right -of -Way Line of Scott Boulevard, a distance of 207.76 feet; Thence Northeasterly, 304.63 feet, along said Easterly Right -of -Way Line, on a 1095.92 foot radius curve, concave Southeasterly, whose 303.65 foot chord bears N06 027'37 "E, to its intersection with the South Line of Parcel 1, of the "Ralston Creek Property Acquisition, in accordance with the Plat thereof Recorded in Plat Boqk 19, at Page 84 of the Records of the Johnson County Recorder's Office ; Thence S89027'1 2"E, along s;Mq South Line, 208.07 feet; Thence S01 030'10 "E, 510.03 feet, to a Point on the South Line of said Southwest uarter of the Northwest Quarter; Thence N89 °2f 36 "W, along said South Line, 250.16 feet, to the Point of Beginning. � SECTION III. ZONING MAP. "The building official is hereby authoriz d and directed to change the zoning map of the City of Iowa City, Iowa, o conform to this amendment on the final passage, approval and publication of the ordinance as approve y law. SECTION IV. CONDITIONAL ZONIN AGREEMENT. The ma or is hereby authorized and directed to sign, and the City Clerk to attest, the Condit!hQal Zoning Agreeme between the property owner(s) and the City, following passage and approval of this OrdXance. SECTION V. CERTIFICATION AND RECD ING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to cer! a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, to at the this expense, upon the final passage, approval and publication of this ordinance, as provided b aw. SECTION VI. REPEALER. All ordinances and part s o ordinal Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or ad invalid or unconstitutional, such adjudication shall not affect the section, provision or part thereof not adjudged invalid or unconstituti SECTION VIII. EFFECTIVE DATE. This Ordinance shall be and publication, as provided by law. in conflict with the provisions of this of the Ordinance shall be adjudged to be idity of the Ordinance as a whole or any Passed and approved this day of 201 after its final passage, approval MAYOR ATTEST: CITY CLERK Ap b.__..... T City A rney's Prepared by: Andrew Bassman, PCD, 410 E. Washington, Iowa City, IA 52240, 356 -5251 (REZ13- 00002 /REZ13- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Sally Hall and Hieronymus Family Partnership LLP (hereinafter collectively "Owners "A.\ WHEREAS, Ow\are legal title holders of approximately 4.83 acres of property located at the northeast cott Boulevard and American Le ' Road; and WHEREAS, the e requested the rezoning of id property from Low - Density Single - Family Residenand County Residential ( to Low - Density Multi - Family Residential (RM -12) zo WHEREAS, the Planning an oning Commission s determined that, with appropriate conditions regarding improvements to merican Legion oad and installation of a temporary sidewalk along the property's frontage ith said road u til these improvements are complete, installation of sidewalk along the prope 's frontage ith Scott Boulevard, dedication of a public right -of -way within the subject pro rty, and esign review to ensure compatibility of multi - family development, the requested zoni is co sistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) reasonable conditions on granting an applics regulations, in order to satisfy public needs cal. WHEREAS, the Owners ackm reasonable to ensure the development Plan and the need for infrastructu compatibility; and WHEREAS, the Owners agree to conditions of a Conditional Zoning F NOW, THEREFORE, in consi agree as follows: 1. Sally Hall is the legal ides that the City of Iowa City may impose rezoning request, over and above existing V the requested change; and )wle ge that ertain conditions and restrictions are of he property 's consistent with the Comprehensive r improvements, traffic safety and ne[lborhood elop this property in ccordance wit-h--the f terms:'-�'dd !ment. 4' of the mutual promises c ntained herein, :the parties holder of the property legally describe as follows: T Commencing at th West Quarter Corner of Section 18, Town ip 79 North, Range 5 West, of the Fi Principal Meridian, Iowa City, Johnson Co nty. Iowa, Thence S89 °26'36 "E, al g the South Line of the Southwest Quarter f the Northwest Quarter of sai Section 18, a distance of 50.03 feet, to the Po t of Beginning; Thence N01 °3 10 "W, along the Easterly Right -of -Way Line of Sc tt Boulevard, a distance of 7.76 feet; Thence Northeasterly, 304.63 feet, alon said Easterly Right -of -W Line, on a 1095.92 foot radius curve, concave Southeasterly, whose 303.65 fo chord bears N06 027'37 "E, to its intersection with the South Line of Parcel of the Ralston Creek Property Acquisition, in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's Office; Thence S89 027'12 "E, along said South Line, 208.07 feet; Thence S01 030'10 "E, 510.03 feet, to a Point on the South Line of said Southwest ppdadm 1agt1rez13 -00002 rez13-00002 cza draft.doc Quarter of the Northwest Quarter; Thence N89 026'36 "W, along said South Line, 250.16 feet, to the Point of Beginning. 2. Hieronymus Family Partnership LLP is the legal title holder of the property legally described as follows: Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5 West, the Fifth Principal Meridian, Johnson County. Iowa, Thence S89 026'36 "E, ong the South Line of the Southwest Quarter of the Northwest Quarter of said ection 18, a distance of 300.19 feet, to the Point of Beginning; Thence N01 °30'10 W, 510.03 feet, to a Point on the So h Line of Parcel 1, of the Ralston Creek Prop rty Acquisition, in accordance wi the Plat thereof Recorded in Plat Book 19, e o at ge 84 of the Records of thhnson County Recorder's Office; Thence S89° '12 "E, along said South Line, 180.08 feet; Thence S00 033'24 "W, 509.73 fee to a Point on the South Vine of said Southwest Quarter of the Northwest Quarter; hence N89 °26'36 "W, a ng said South Line, 161.75 feet, to the Point of Beginning. 3. The Owners acknowledge that yonditions: ishes ensure conformance to the principles of the Comprehensive Plan Sou east district plan. Further, the parties acknowledge that Iowa Code §1 provides that the City of Iowa City may impose reasonabl e conditions a rezoning request, over and above the existing regulations, in order to slic needs caused by the requested change. 4. In consideration of the City's the subject property, Owners agree that development of the subject propo form to all other requirements of the zoning chapter, as well as the following s: 5 M a. Prior to receiving a wilding permit for development on the subject property, owners shall pay feps to cover 12.5% of \anene st of improving American Legion Road frontage adj Xan ent to the subject gropto City street standards; and b. Prior to receivin occupancy permit fbuilding on the subject property, owners shall in all an 8 -foot wide sidewe City will pay for 3 feet of the required 8 -foo idth) along the property's f with Scott Boulevard; and c. Prior to rece' ing an occupancy permit fb ' ding on the subject property, /illustrated sha install a 5 -foot wide temporarwal along the property's frontage me can Legion Road unless a pnent idewalk has already been d- and d. ssuance of a building permit the o shall d icate and construct a 60- a street along the eastern property the pro rty to be annexed; and e. issuance of a building permit the apt shall de icate the street right -of- cessary for the improvem ent of Scolevard and merican Legion Road trated on the attached exhibit; and f. velopment plan for the subject properties shall be reviewed arif approved Design Review Committee prior to issuance of a buildingermit The Owners and City acknowledge that the conditions contained hereje are reaso`rale conditions to impose on the land under Iowa Code §414.5 (20 }x: arid? that' said conditions satisfy public needs that are caused by the requested zonira j;cbartx e. 4 The Owners and City acknowledge that in the event the subject property is'tyansferred, ppdadm /agUrez13 -00002 rez13 -00002 cza draft.doc 2 sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. 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 running 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. 8. The Owners nd Applicant acknowledge that nothing in this Conditional Zoning Agreement shal a construed to relieve the Owners or Applicant from complying with all other applicable to I, state, and federal regulations. 9. The parties agree th this Conditional Zoning Agreement shall be incorporated by reference into the ordin ce rezoning the subje property, and that upon adoption and publication of the ordinan e, this agreement all be recorded in the Johnson County Recorder's Office at the App 'cant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: -/-,w -i3 ppdadm /agthez13 -00002 rez13-00002 cza dmft.doc 3 13. Sally Hall, Owner By: By: us Family Partnership, LLP, Owner CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013 by Matthew J. Hayek and MarianX. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in aVd for the State of Iowa INDIVIDUAL ACKNOWLE STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of _ Notary Public in and for said County, in said , to me known to be the within and foregoing instrument, and acki (his /her /their) voluntary act and deed. 20 , before me, the undersigned, a finally appeared al persons named in and who executed that (he /she /they) executed the same as Notary P lic in and for the State of Iowa My commiss n expires: PARTNERSHIP ACKNOW/EMENT: STATE OF IOWA JOHNSON COUNTY ) _ On this day of , 20_, before me, the and signed, a Notary Public in and for the State of to , personally appeared , to me personally known, who being b me duly swom, did say that the person is one of the partners of an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm /ag*ez13 -00002 rez13-00002 =a draft.doc 4 04-� 7d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00005) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) . ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE AND AMENDING THE CONDITIONAL ZONING AGREEMENT FOR APPROXIMATELY 2.31 -ACRES OF PROPERTY CURRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF BROADWAY STREET AND HIGHWAY 6. (REZ13- 00005) WHEREAS, the applicant, Casey's General Stores, Inc., has requested a rezoning of property located approximately 160 feet east of the intersection of Broadway Street and Highway 6 from Commercial Office (CO -1) to Community Commercial (CC -2) zoning; and WHEREAS, on March 20, 2007, the City Council approved Ordinance Number 074225, which included a Conditional Zoning Agreement with requirements addressing the need for an appropriate transition and buffer from CC -2 zoning to residential development; and WHEREAS, the applicant has requested modifications to the requirements to the Conditional Zoning Agreement; and WHEREAS, the Comprehensive Plan indicates that commercial uses should be located along major arterial streets; and WHEREAS, the South District Plan future land -use map has been amended to depict the subject area as appropriate for General Commercial uses; and WHEREAS, the Planning and Zoning Commission has reviewed the modifications to the Conditional Zoning Agreement and. the proposed rezoning and determined that the request complies with the Comprehensive Plan provided that it meets conditions addressing the need to achieve compatibility with adjacent residential properties; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from CO -1 to CC -2: LEGAL DESCRIPTION: (CO -1 ZONING AREA) A part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southeast corner of said Lot 1; THENCE North 69 °30'29" West, along the south line of said Lot 1 , a distance of 285.51 feet; THENCE North 22 006'41" East a distance of 244.48 feet to a point on the south R.O.W. line of Hwy #6 ; THENCE along a curve, said curve also being the south R.O.W. line of Hwy #6, to the left having a radius of 3,105.00 feet, a delta of 00 °54'10 ", an arc length of 48.92 feet, and a chord which bears South 68 °16'27" East having a chord distance of 48.92 feet; THENCE continuing along a curve to the left, sadi curve also being the south R.O.W. line of Hwy #6, having a radius of 3,105.00 feet, a delta of 02 035'46 ", an arc length of 140.69 feet, and a chord which bears South 70 013'40" East having a chord distance of 140.68 feet; Ordinance No. Page 2 THENCE South 00 031'48" West a distance of 260.77 feet to the POINT OF BEGINNING, containing 1.3 acres of land, more or less. SECTION II APPROVAL. T he Conditional Zoning Agreement approved on March 20, 2007 is hereby replaced by the Conditional Zoning Agreement attached hereto and incorporated herein, and it shall apply to the property described below: LEGAL DESCRIPTION FOR CONDITIONAL ZONING AGREEMENT A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20, Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 1070, Page 12, more particularly described as follows: Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 052'40" E - 661.9 feet; thence S 0 026'20" W 377.2 feet to a '/2' pipe marking the NE corner of tracts recorded in Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south R.O.W. line of Highway 6 along a 3015 foot radius curve concave northerly to a 5/8" rebar marking the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68 018'07" W to the end of curvature; Thence N67056'W 161.30 feet along said South R.O.W. line to a 5/8" rebar; Thence Southwesterly - 23.56 feet along a 15 foot radius curve concave southeasterly which chord bears S 67004'W 21.21 feet to a 5/8" rebar on the easterly R.O.W. line of Broadway Street; Thence S 22004'W 60.00 feet along said R.O.W. line to a 5/8" rebar marking the beginning of curvature; Thence Southwesterly 77.83 feet along said R.O.W. line along a 473.27 foot radius curve concave easterly with central angle of 9 025'20" to a 5/8" rebar; Thence S 69 033'40" E 117.00 feet to a 5/8" rebar; Thence N 22 007'42" E - 3.00 feet to a 5/8" rebar; Thence S 69 033'40 "E 109.60 feet to a 5/8" rebar; Thence N 22 001'42" E 143.41 feet to the Point of Beginning; Except: That part of Lot 1, and that part of the vacated Hollywood Boulevard right -of -way all located in Block 2, Braverman Center, Iowa City, Iowa described as follows: Commencing as point of reference at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right -of -way line of Broadway Street and along the arc of a 473.27 foot curve concave Easterly (chord bearing North 6 °34'44" East 100.0 feet (assumed bearing for this description only)) to the point of beginning; thence continuing 77.8 feet along the Easterly right -of -way line of said Broadway Street and along said 473.27 foot radius curve (chord bearing North 17 021'20" East 77.7 feet) to a point of tangency; thence North 22 004' East 60.0 feet along said Easterly right -of -way line to a point of curvature; thence northeasterly 23.6 feet along said Easterly right -of -way line and along the arc of a 15.0 foot radius curve concave Southeasterly (chord bearing North 67 °04' East 21.2 feet) to a point of intersection with the Southerly right -of -way line of U.S. Highway No. 6; thence South 40 °00' West 24.0 feet; thence South 29 015' West 20.0 feet; thence South 17 030' West 38.0 feet; thence South 20 000' West 56.0 feet; thence South 12 015' West 16.0 feet; thence North 89 033'40" West 6.5 feet to the point of beginning and containing 1,117 square feet more or less. And: A parcel of land in Lot 1, Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 20, Plat Records of Johnson County Iowa, and a portion of vacated right of way of Hollywood Boulevard as more particularly described as follows: Commencing at the northwest corner of Section 23, Township 79 North, Range 8 West of the 5th P.M.; thence S 89 052'40" E 661.9 feet; thence S 0 026'20" W 377.2 feet to the point of beginning, said point being the northeast corner of tracts recorded in Plat Book 7, Page 9 and Plat Book 7, Page 20; thence S 0 °26'20" W, 260.72 feet along the east line of said tract to the southeast corner of said Lot 1; thence N 69 033'40" W 436.31 feet along the south line of said Lot 1 to the southwest corner thereof and the east right of way line of Broadway Street; thence northeasterly along said Broadway Street right of way 100.20 feet along a 473.27 foot radius curve concave southeasterly with central angle of 12 007'50 ", thence S 69 033'40" E 117.00 feet, thence N 22 °01'42" E 3.00 feet, thence S 69 °33'40" E 109.60 feet, thence N 22 001'42" E 143.41 feet to the Ordinance No. Page 3 south right of way line of Highway #6; thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve concave northerly to the point of beginning. Except: That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right -o -way line of Broadway Street and along the arc of a 473.27 foot curve concave Easterly (chord bearing North 6 03444" East 100.0 feet (assumed bearing for this description only); thence South 69 033'40" East 6.5 feet; thence South 8 °35' West 55.0 feet; thence South 3 °32' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence North 69 033'34" West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 52, of Page 142, in the Records of the Johnson County Recorder's Office. 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 to 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 1 2013. MAYOR ATTEST: CITY CLERK Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/23/2013 Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City. of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Nordy's LLC (hereinafter "Owner ") and Casey's General Stores Inc. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 23 acres of property located at the southeast corner of the intersection of Broadway Street and Highway 6; and WHEREAS, the Owner and Applicant have requested the rezoning of approximately 1.3 acres of property located approximately 160 feet east of the intersection of Broadway Street and Highway 6 from Commercial Office (CO-1) to Community Commercial (CC -2); and WHEREAS, on March 20, 2007, the City Council approved Ordinance Number 07 -4228 rezoning approximately 1 acre of property located at the southeast corner of the intersection of Broadway Street and Highway 6 from CO -1 to CC -2 subject to a Conditional Zoning Agreement with requirements addressing the need for an appropriate transition and buffer from CC -2 zoning to residential development; and WHEREAS, the Owner and Applicant have requested modifications to the requirements of the existing Conditional Zoning Agreement to allow an alternative design for the landscaping and fencing requirements; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and modifications to the previously approved Conditional Zoning Agreement and determined that the rezoning complies with the Comprehensive Plan provided that it meets conditions addressing the need to achieve compatibility with adjacent residential properties; and WHEREAS, Iowa Code §414,5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to minimize and mitigate the impact of commercial development on nearby residential uses; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Pgreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Nordy's, LLC is the legal title holder of the property legally described as: A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20, ppdadnYagVrez13-0M condOonaf zoning agreamentdoo Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described In Book 1070, Page 12, more particularly described as follows: Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 °52'40" E - 661.9,feet; thence S 0 026'20" W 377.2 feet to a' /z' pipe marking the NE corner of tracts recorded in Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south R.O.W. line of Highway 6 along a 3015 foot radius curve concave northerly to a 518" rebar marking the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68 018'07" W to the end of curvature; Thence N67 °5614V 161.30 feet along said South R.O.W. line to a 5/8" rebar; Thence Southwesterly -23.56 feet along a 15 foot radius curve concave southeasterly which chord bears S 67 °04' W 21.21 feet to a 518" rebar on the easterly R.O.W. line of Broadway Street; Thence S 22004'W 60.00 feet along said R.O.W. line to a'618" rebar marking the beginning of curvature; Thence Southwesterly 77.83 feet along said R.O.W. line along a 473.27 foot radius curve concave easterly with central angle of 9 °25'20" to a 518" rebar; Thence S 69 033'40" E 117.00 feet to a 5 /8" rebar; Thence N 22 00742" E - 3.00 feet to a 518" rebar; Thence S 69 °33'40 "E 109.60 feet to a 5/8" rebar; Thence N 22 °01'42" E 143.41 feet to the Point of Beginning; Except:'That part of Lot 1, and that part of the vacated Hollywood Boulevard right -of -way all located In Block 2, Braverman Center, Iowa City, Iowa described as follows: Commencing as point of reference at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right -of -way line of Broadway Street and along the are of a 473.27 foot curve concave Easterly (chord bearing North 6 034'44" East 100.0 feet (assumed bearing for this description only)) to the point of beginning; thence continuing 77.8 feet along the Easterly right -of -way line of said Broadway Street and along said 473.27 foot radius curve (chord bearing North 17 °21'20" East 77.7 feet) to a point of tangency; thence North 22 004' East 60.0 feet along said Easterly right - of-way line to a point of curvature; thence northeasterly 23.6 feet along said Easterly right -of -way line and along the arc of a 15.0 foot radius curve concave Southeasterly (chord bearing North 67 004' East 21.2 feet) to a point of intersection with the Southerly right-of-way line of U.S. Highway No. 6; thence South 40 000' West 24.0 feet; thence South 29 °15' West 20.0 feet; thence South 17 °30' West 38.0 feet; thence South 20 °00' West 56.0 feet; thence South 12 °15' West 16.0 feet; thence North 89 °33'40" West 6.5 feet to the point of beginning and containing 1,117 square feet more or less. And: A parcel of land in Lot 1, Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 20, Plat Records of Johnson County Iowa, and a portion of vacated right of way of Hollywood Boulevard as more particularly described as follows: Commencing at the northwest comer of Section 23, Township 79 North, Range 8 West of the. 5th P.M.; thence S 89 °52140" E 661.9 feet; thence S 0 °26'20" W 377.2 feet to the point of beginning, said point being the northeast corner of tracts recorded In Plat Book 7, Page 9 and Plat Book 7, Page 20; thence S 0 o 26 2Q W, 260.72 feet along the east line of said tract to the southeast comer of said Lot 1; thence N 69 033'40" W 436.31 feet along the south line of said Lot 1 to the southwest comer thereof and the east right of way line of Broadway Street; thence northeasterly along said Broadway Street right of way 100.20 feet along a 473.27 foot radius curve concave southeasterly with central angle of 12 007'50 ", thence S 69 °33'40" E 117.00 feet, thence N 22 °01'42" E 3.00 feet, thence S 69 033'40" E 109.60 feet, thence N 22 °01'42" E 143.41 feet to the south right of way line of Highway 6; thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve concave northerly to the point of beginning. Except: That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right -o -way line of Broadway Street and along the arc of a 473.27 foot curve concave Easterly (chord bearing North 6 °34'44" East 100.0 feet (assumed bearing for this description only); thence South 69 033'40" East 6.5 feet; thence South 8 035' West 55.0 feet; ppdaddagftz13 -WM mndlomi zoning egreementdoo 2 thence South 3 °32' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence North 69 °33'34" West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 62, of Page 142, in the Records of the Johnson County Recorder's Office. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South District plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) 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, Ovvner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The development of the property wig substantially conform to the site plan attached hereto and by reference made part of this agreement. Any significant changes from this site plan will require approval of the Design Review Committee. b. The development of the buildings and structures including canopies will be of a quality design appropriate for property abutting a residential neighborhood . by including features such as stone and /or masonry materials, and muted colors and will substantially conform to the building elevations and plans attached hereto and by reference made part of this agreement. Any significant changes from these designs will require approval of the Design Review Committee. c. The measurement from grade to the bottom of the canopy shall not exceed 15 feet. The overall height of the canopy shall not exceed 18'9" from grade to the top of the canopy except for signage that complies with the Sign Regulations. Under canopy lighting shall be flush mounted or recessed within the canopy so that the light source is not exposed. d. A substantial'buffer area of no less than 35 feet in width will be established along the southern and eastern property tines. This buffer must be screened to the S2 standard and include a decorative masonry and metal fence a minimum 'five (5) feet in height and deciduous over story trees to the north of the fence. Tree species, such as locust and pin oak, that provide a screening effect but also allow for visibility shall be used. The trees shall be properly pruned to assure that the bulk of the crown is located six feet above ground to help assure visibility. The fence shall be in substantial compliance with plan titled "Casey's General Store Fence Detail Iowa City" attached hereto and by reference made part of this agreement. e. Berms with plantings to be maintained at a height of between 2 feet and 2.5 feet above the berm will be installed to screen headlights as shown on the attached site plan. . f. A landscaped setback of no less than 20 feet will be provided and maintained along Broadway Street. ppdadm+0gVMz13.0DW5 oondd9onal zoning agreementdoo g. There will be a limit of one (1) free - standing sign located in the northwest corner of the property. There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood Boulevard and the southeast corner of the property. Lighting will be installed on the north side of the brick piers of the fence installed along the south property line. Business hours will be limited to between 5:00 am and 11:00 pm. 4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2013. CITY OF IOWA CITY OWNER: NORDY'S LLC Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk By: APPLICANT: CASEY'S GENERAL STORES, INC. WadmlagUrezl3 -00005 coOi6onat zoring agreementdoc 4 g. There will be a limit of one (1) free - standing sign located in the northwest corner of the property. There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood Boulevard and the southeast corner of the property. Lighting will be installed .on the north side of the brick piers of the fence installed along the south property line. Business hours will be limited to between 5:00 am and 11:00 pm. 4. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of ,2013. CITY OF IOWA CITY O R: ORD 'S L C P Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk APPLICANT: CASEY'S GENERAL STORES, INC. By: ppdadW9gurez13 -W006 Wry dOrtA WON WDOiMntdoo 4 Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of A, D. 20 before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and 'City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa My commission expires: CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013 by Stores, Inc. as of Casey's General Notary Public in and for said County and State ppdadWagVrezj3-M6 cond6onW zoning agmemeatdoo 5 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) On this � day of 013, beMay ,the nne , a Nota 'n and for the State of Iowa, �rsonal appeared to me per sR n� Ily kno , who being b e duly sworn, di, t the s r�/ �y�d -4-- A (title) of Nordy's LLC and that said instrument igned o eh�if Of s pany by authority of its managers and th id was mited liability com � � > rv[edged the execution of said instrument to be untary company by I voluntarilyS)*u Notary Public in and for the State of Iowa My commission expires: WILLIAM R PROWELL $ �r Commission Number 176151 My Commission Expires September 27, 2015 ppdadWagUrez1 SO= CV4110W zoning agreementdoo O g Z3 w � z t i? 01 ww O V 0 M � WW wd Z zW 3a } W > 3 03U r m � N �U J a rY 1 m aQ oo0 w a > a Z J - m 0 W � a > Z o' o a o j > o u °a w m ooa o o Q .... .. / � ! W.$. d /..g O o; .. .... ..- . ..... ..... imS3�Zj j g � ........ .. J !n O g Z3 w � z t i? 01 ww O V 0 M � WW wd Z zW 3a } W > 3 03U r m � N �U J a rY 1 m aQ oo0 w a > a Z J - m 0 W � a > Z o' o a o j > o u °a w m ooa o o Q .... .. / � ! W.$. d /..g O o; .. .... ..- . ..... ..... imS3�Zj j g � ........ .. §| § � / © � ` ■ '! , |� i � | (5 ; |. ! ■ �! h )\ ! §§ | | ) � � � , § � z x z w � } _ ^• 2| _ |]` � )` � | _ - |§ ;#) b |�• � § §, .\ + al | - � ■ ) § 'b § \ | � ) ( % �_ � z ask — LL ad�a BgE9 $alaaa LL f cc •• m d O m O m m m U m a 0 O m E� Uf f` N O Om Hal g1ju 3a H �Q. 1999. s ff �M �M!I a o 0 _ U ; as CD A :a ct o o m a LL d a 2 a fill w� R� 4a�e _ � � � �y x •F $a�� ga�� it �z jj a o 0 _ U ; as CD A :a ct o o m a LL d a 2 a fill w� R� 4a�e C °m t m m U c m m B N O C yyjd C °m t m m U c m m B MR i3 7 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00005) ORDINANCE NO. AN ORDINANCE CON ITIONALLY REZONING PROPERTY FROM COMMERCIAL OFFICE (CO -1) ZONE TO COMMUNITY C MERCIAL (CC -2) ZONE AND AMENDIN THE CONDITIONAL ZONING AGREEMENT FOR APPRO ATELY 2.31 -ACRES OF PROPERTY URRENTLY ZONED CC -2 AND CO -1 LOCATED AT THE SOU EAST CORNER OF THE INTERSE TION OF BROADWAY STREET AND HIGHWAY 6. (REZ13 -0000 WHEREAS, the applicant, Casey General Stores, Inc., has r approximately 160 feet east of the inte ction of Broadway Street (CO -1) to Community Commercial (CC -2) ning; and WHEREAS, on March 20, 2007, the Ci Council approved Or a Conditional Zoning Agreement with require ents addressing t E buffer from CC -2 zoning to residential developm nt; and WHEREAS, the applicant has requested m difcations to e Agreement; and WHEREAS, the Comprehensive Plan indicates that co arterial streets; and WHEREAS, the South District Plan future land -use ap a: appropriate for General Commercial uses; and WHEREAS, the Planning and Zoning Commission h s reviewed the modifications to the Conditional Zoning Agreement and the proposed rezoning and a rmined that the request complies with the Comprehensive Plan provided that it meets conditions add ssing the need to achieve compatibility with adjacent residential properties; and WHEREAS, Iowa Code §414.5 (2013) provides that the conditions on granting an applicant's rezoning req st, over an> satisfy public needs caused by the requested chan ; and WHEREAS, the owner and applicant have agr ed that the prol with the terms and conditions of the Conditional -ning Agreemeni development in this area of the city. NOW, THEREFORE, BE IT ORDAINED THE IOWA: sted a rezoning of property located Highway 6 from Commercial Office nance Number 07 -4225, which included need for an appropriate transition and requirements to the Conditional Zoning uses should be located along major been amended to depict the subject area as of Iowa City may impose reasonable above existing regulations, in order to shall be developed in accordance ;hed hereto to ensure appropriate CITY COUNCIL \OF THE CITY OF IOWA CITY, SECTION I APPROVAL. Subject to the C ditional Zoning Agreement herein, property described below is hereby re assified from CO -1 to CC -2: LEGAL A part of Lot 1, Block 2, Braverman Beginning at the Southeast corner of THENCE North 69 030'29" West, N: (CO -1 ZONING AREA) , Iowa City, Iowa described as follows: Lot 1; hereto and iR4orporated the south line of said Lot 1 , a distance of 285. THENCE North 22 006'41" Eas/ad* tance of 244.48 feet to a point on the south R.O.W.Nline of Hwy #6 ; THENCE along a curve, said also being the south R.O.W. line of Hwy #6, to the left having a radius of 3,105.00 feet, a delta of '10 ", an arc length of 48.92 feet, and a chord which bears South 68 016'27" East having a chord distance of 48.92 feet; THENCE continuing along a curve to the left, sadi curve also being the south R.O.W. line of Hwy #6, having a radius of 3,105.00 feet, a delta of 02 035'46 ", an arc length of 140.69 feet, and a chord which bears South 70 013'40" East having a chord distance of 140.68 feet; Ordinance No. Page 2 THENCE South 00 031'48" West a distance of 260.77 feet to the POINT OF BEGINNING, containing 1.3 acres of land, more or less. SECTION II APPROVAL. T he Conditional Zoning Agreement approved on March 20, 2007--is hereby replaced by the Conditional Zoning Agreement attached hereto and incorporated herein, and it s6 N apply to, the property described below: LEGAL DESCRIPTION FOR CONDITIONAL ZONING AGREEMENT -- A portion of Lot 1, Block 2, Brave an Center, Iowa City, Iowa, as recorded in Bo 9k 7 - Page 20 Johnson County Recorder's Office, and a po ion of the vacated Hollywood Blvd. R.O.W. described:in Book 346, Page 406, and a portion of the vacat Hollywood Blvd. R.O.W. as described in ook 1070 Page V, more particularly described as follows: Commencing at the NW corner of Secti 23, T. 79 N., R. 6 W., of the 5th .M.; thence S 89 052'40" E - 661.9 feet; thence S 0 °26'20" W 377.2 fe t to a '/" pipe marking the NE ner of tracts recorded in Plat Book 7 - Page 9 and Plat Book 7, Page 20; hence Northwesterly 140.94 fe along the south R.O.W. line of Highway 6 along a 3015 foot radius curve co cave northerly to a 5/8" rebar arking the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said 301 foot radius curve whic chord bears N 68 018'07" W to the end of curvature; Thence N67 °56'W 161.30 fe t along said South O.W. line to a 5/8" rebar; Thence Southwesterly - 23.56 feet along a 15 foot radius c rve concave south sterly which chord bears S 67004'W 21.21 feet to a 5/8" rebar on the easterly R.O.W. ne of Broadway treet; Thence S 22 004'W 60.00 feet along said R.O.W. line to a 5/8" rebar marking the b pinning of cury tu ' ne; Thence Southwesterly 77.83 feet along said R.O.W. line along a 473.27 foot radius c 5/8" rebar; Thence S 69 033'40" E 117.00 feet to a rebar; Thence S 69 °33'40 "E 109.60 feet to a 5/8" 1 Beginning; concave a sterly with central angle of 9 02520" to a rebar; T nce N 22 007'42" E - 3.00 feet to a 5/8" Thenc N 22 °01'42" E 143.41 feet to the Point of Except: That part of Lot 1, and that part of the vacated Holl ood Boulevard right -of -way all located in Block 2, Braverman Center, Iowa City, Iowa described as folio :Commencing as point of reference at the Southwest corner of said Lot 1; thence Northeasterly 100 et along the Westerly line of said Lot 1 and along the Easterly right -of -way line of Broadway Street an al in the arc of a 473.27 foot curve concave Easterly (chord bearing North 6 034'44" East 100.0 fee (ass d bearing for this description only)) to the point of beginning; thence continuing 77.8 feet along E aster) right- of-way line of said Broadway Street and along said 473.27 foot radius curve (chord b ring North 7 °21'20" East 77.7 feet) to a point of tangency; thence North 22 004' East 60.0 feet alon said Easterly ht-of -way line to a point of curvature; thence northeasterly 23.6 feet along said Easterly 'ght -of -way line d along the arc of a 15.0 foot radius curve concave Southeasterly (chord bearing No 67 004' East 21.2 et) to a point of intersection with the Southerly right -of -way line of U.S. Highway No. ; thence South 40 000' est 24.0 feet; thence South 29 015' West 20.0 feet; thence South 17 030' West 3 .0 feet; thence South 2 00' West 56.0 feet; thence South 12 °15' West 16.0 feet; thence North 89 033'4 West 6.5 feet to the point f beginning and containing 1,117 square feet more or less. And: A parcel of land in Lot 1, Block 2, raverman Center, Iowa City, low* according to the plat thereof recorded in Book 7, Page 20, Plat Re cor s of Johnson County Iowa, and a po ion of vacated right of way of Hollywood Boulevard as more particula described as follows: Commencing at the northwest cor r of Section 23, Township 79 North, Rango 8 West of the 5th P.M.; thence S 89 052'40" E 661.9 feet; ence S 0 026'20" W 377.2 feet to the point of beginning, said point being the northeast comer of tracts re rded in Plat Book 7, Page 9 and Plat Book 7, Page 20; thence S 0 026'20" W, 260.72 feet along the east ine of said tract to the southeast corner of said Lot 1; thence N 69 033'40" W 436.31 feet along the south line of said Lot 1 to the southwest corner thereof and the east right of way line of Broadway Street; thence northeasterly along said Broadway Street right of way 100.20 feet along a 473.27 foot radius curve concave southeasterly with central angle of 12 007'50 ", thence S 69 033'40" E 117.00 feet, thence N 22 001'42" E 3.00 feet, thence S 69 033'40" E 109.60 feet, thence N 22 001'42" E 143.41 feet to the Ordinance No. Page 3 south right of way line of Highway #6; thence southeasterly 140.94 feet along said south right of way line along 3015 foot radius curve concave northerly to the point of beginning. j Except: That part of Lot 1, Block 2, Braverman Center, Iowa City, Iowa described as follows: Beginning at the Southwest corner of said Lot 1; thence Northeasterly 100.2 feet along the esterly line of said Lot 1 and along the Easterly right -o -way line of Broadway Street and along the arc a 473.27 foot curve concave Easterly (chord bearing North 6 034'44" East 100.0 feet (assumed bearin for this description only); thence South 69 °33'40" East 6.5 feet; thence uth 8 °35' West 55.0 feet; then South 3 032' West 45.2 feet to a point of intersection with the South line of id Lot 1, thence North 69°3 34" West 7.0 feet along said South line to the point of beginning and containing area of 723 square feet ore or less. And: Auditor's Parcel No. 2007045, Iowa City, ohnson County, I a in accordance with the Plat thereof recorded in Plat Book 52, of Page 142, in the Rec ds of the John n County Recorder's Office. SECTION III. ZONING MAP. The building official is ereb authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this dment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. a mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning gree ent between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION V. CERTIFICATION AND RECORDIN . Upon pas ge and approval of the Ordinance, the City Clerk is hereby authorized and directed to certi a copy of this rdinance, and record the same in the Office of the County Recorder, Johnson County, I a, at the Owne expense, upon the final passage, approval and publication of this ordinance, as provi d by law. SECTION VI. REPEALER. All ordinances an parts of ordinances in nflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any secti n, provision or part of the Ordi nce shall be adjudged to be invalid or unconstitutional, such adjudication all not affect the validity of the inance as a whole or any section, provision or part thereof not adjudge invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. is Ordinance shall be in effect after its rnal passage, approval and publication, as provided by law. Passed and approved this ddy of MAYOR ATTEST: CITY CLERK 2013. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) THIS AGREEMENT is (hereinafter "City "), and (hereinafter "Applicant "). CONDITIONAL ZONING AGREEMENT made between the City of Iowa City, Iowa, a municipal corporation Nordy's LLC (hereinafter "Owner") and Casey's General Stores Inc. WHEREAS, Owner is the legal title holder of approxirr at the southeast corner of the intersection of Broadway Street WHEREAS, the Owner and pplicant have requested acres of property located approximat ly 160 feet east of the it Highway 6 from Commercial Office (C -1) to Community Co� r' A ely 2.3 ' cres of property located id Hig ay 6; and ie retoning of approximately 1.3 rse tion of Broadway Street and iercial (CC -2); and WHEREAS, on March 20, 2007, a City Council a pro ed Ordinance Number 07 -4225 rezoning approximately 1 acre of property at the s ut east comer of the intersection of Broadway Street and Highway 6 from CO- to CC -2 subje o a Conditional Zoning Agreement with requirements addressing the need for a appropriate nsition and buffer from CC -2 zoning to residential development; and WHEREAS, the Owner and Applicant have existing Conditional Zoning Agreement to all( fencing requirements; and WHEREAS, the Planning and Zoning and modifications to the previously approved the rezoning complies with the Comprehensi, the need to achieve compatibility with adjacer modifications to the requirements of the native design for the landscaping and ssion has reviewed the proposed rezoning oral Zoning Agreement and determined that vovided that it meets conditions addressing ial properties; and WHEREAS, Iowa Code §414.5 (201 provide that the City of Iowa City may impose reasonable conditions on granting an a licant's re�z ning request, over and above existing regulations, in order to satisfy public nee s caused by th requested change; and WHEREAS, the Owner an Applicant acknip ledge that certain conditions and restrictions are reasonable to ens a the development b the property is consistent with the Comprehensive Plan and the ed to minimize and \ itigate the impact of commercial development on nearby residen ' I uses; and WHEREAS, the Owner and Applicant agree to develop th roperty in accordance with the terms and conditions of a C nditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promis contained biarein, °the parties agree as follows: W 1. Nordy's, LLC is the legal title holder of the property leg Ily describe:a: A portion of Lot 1, Block 2, Braverman Center, Iowa City, Iowa, as recorded in Boob 7 - Pepe 20, t� , ppdadm /agt/rezl3-00005 conditional zoning agreement. doc Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 1070, Page 12, more particularly described as follows: Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M., hence S 89 °52'40" E - 661.9 feet; thence S 0 °26'20" W 377.2 feet to a %" pipe marking the NE cor r of tracts recorded in Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 14 .94 feet along the south R.O.W. line of Highway 6 along a 3015 foot radius curve concave norther to a 5/8" rebar marking the Point of Beginning of the parcel herein described; Thence Northwe erly 56.01 feet along said 3015 foot radius curve whi chord bears N 68 °18'07" W to the end of rvature; Thence N67056'W 161.30 feet along said South .O.W. line to a 5/8" rebar; Thence Sout esterly - 23.56 feet along a 15 foot radius curve concave utheasterly which chord bears S 67 °0 'W 21.21 feet to a 5/8" rebar on the easterly R.O.W. line of B oadway Street; Thence S 22°04'W 6 00 feet along said R.O.W. line to a 5/8" rebar marking the be \"us g of curvature; Thence Sout esterly 77.83 feet along said R.O.W. line along a 473.27 foot rcurve concave east erly with entral angle of 9 °25'20" to a 5/8" rebar; Thence S 69 °33'40" E 11et to a 5/8" rebar; Thence 22 °07'42" E - 3.00 feet to a 5/8" rebar; Thence S 69 °33'40 "E 109t to a 5/8" rebar; Thence N 2 °01'42" E 143.41 feet to the Point of Beginning; Except: That part of Lot 1, and that part f the vacated Hollyw od Boulevard right -of -way all located in Block 2, Braverman Center, Iowa C ,Iowa described /as follows: Commencing as point of reference at the Southwest corner of sai of 1; thence No heasterly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly ri t-of -way line Broadway Street and along the arc of a 473.27 foot curve concave Easterly (chord baring North °34'44" East 100.0 feet (assumed bearing for this description only)) to the point of beg1pnini right -of -way line of said Broadway Street an aloe North 17 021'20" East 77.7 feet) to a point of tan en Easterly right -of -way line to a point of curvature, tl right -of -way line and along the arc of a 15.0 foot r North 67 004' East 21.2 feet) to a point of inters Highway No. 6; thence South 40 000' West 24. fE South 17 °30' West 38.0 feet; thence South 20 °0 W thence North 89 033'40" West 6.5 feet to the poi t of or less. i ce continuing 77.8 feet along the Easterly id 473.27 foot radius curve (chord bearing thence North 22 004' East 60.0 feet along said .e northeasterly 23.6 feet along said Easterly curve concave Southeasterly (chord bearing with the Southerly right -of -way line of U.S. thence South 29 015' West 20.0 feet; thence 56.0 feet; thence South 12 °15' West 16.0 feet; Onning and containing 1,117 square feet more And: A parcel of land in Lot 1, Block 2, B averman Cenker, Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 20, Plat cords of JohnsIgn County Iowa, and a portion of vacated right of way of Hollywood Boulevard as rrjore particularly de cribed as follows: Commencing at the northwest corner f Section 23, Townsh 79 North, Range 8 West of the 5th P.M.; thence S 89 052'40" E 661.9 feet; ence S 0 026'20" W 377. feet to the point of beginning, said point being the northeast corner of teag, ts recorded in Plat Book , Page 9 and Plat Book 7, Page 20; thence S 0 °26'20" W, /int eet al th e east line of said tract the southeast corner of said Lot 1; thence N 69 °33'40" 6.31 f et along the south line of sal \al o the southwest corner thereof and the east riay ne of Broadway Street; thence nly along said Stoadway Street right of way 10t ong a 473.27 foot radius curve cutheasterly wtt13 central angle of 12 007'50 ", t 69 °33'40" E 117.00 feet, thence N E 3.00 feet,= tPence-,S- 69 033'40" E 109.60 feee N 22 °01'42" E 143.41 feet to the sof way litre ©f Highway.,; thence southeasterly feet along said south right of way l3015 14-o radlys curve• concave northerly to tt of begi nning. Except: That part of Block 2, Braverman Center, Iowa described as= follows; Beginning at the Sout orner of said Lot 1; thence Northeasterly 100.2 feet along theiNesterfly line of said Lot 1 and along the Easterly right -o -way line of Broadway Street and "along tom' arc of a 473.27 foot curve concave Easterly (chord bearing North 6 03444" East 100.0 feet (assumes( bearing for this description only); thence South 69 °33'40" East 6.5 feet; thence South 8 035' West 55.0 feet; ppdadm 1agtkez13 -00005 condkional zoning agreement.doc 1 2 thence South 3 032' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence North 69033'34" West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 52, of Page 142, in the Records of the Johnson7County Recorder's Office. / 2. The Owner and Applica t the principles of the Corn acknowledge that Iowa C impose reasonable conditi above the existing regulati change. acknowledge that the City wishes to a sure conformance to ehensive Plan and the South District an. Further, the parties de §414.5 (2013) provides that th City of Iowa City may s on granting an applicant's re oning request, over and on , in order to satisfy public need caused by the requested 3. In consideration of the City's re ning the subject property, Owner and Applicant agree that development of the subject kroperty will conform t all other requirements of the zoning chapter, as well as the follo ing conditions: a. The development of the property will substanti ly conform to the site plan attached hereto and by reference made p rt of this a ement. Any significant changes from this site plan will require ap oval of t Design Review Committee. b. The development of the buildings d st ctures including canopies will be of a quality design appropriate for prope y butting a residential neighborhood by including features such as stone d /or masonry materials, and muted colors and will substantially conform to th ilding elevations and plans attached hereto and by reference made part of thi a ment. Any significant changes from these designs will require approval of t e Desi n Review Committee. c. The measurement from grade o the botto of the canopy shall not exceed 15 feet. The overall height of th canopy shall of exceed 187 from grade to the top of the canopy except for sig age that compli s with the Sign Regulations. Under canopy lighting shall be flu mounted or rec sed within the canopy so that the light source is not expose . d. A substantial buffer are of no less than 35 feet width will be established along the southern an eastern property lines. T is buffer must be screened to the S2 standard and' clude a decorative masonry nd metal fenoe a rrfitimum - five (5) feet in heigh and deciduous over story trees o the north of. the fspce. Tree species, suc as locust and pin oak, that provi a screen' Mid d effect but, LL also allow for /is' ility shall be used. The trees shall a proper[ prunddto assure that the ulk of the crown is located six feet ab ve ground 'to. help e assure visibili The fence shall be in substantial comp nce with pFan titled "Casey's Ge eral Store Fence Detail Iowa City" attached ereto Arad by - reference ade part of this agreement. e. Berms Yth plantings to be maintained at a height of betweeN 2 feet and 2.5 feet ab ve the berm will be installed to screen headlights as shown on the attach d site plan. f. A landscaped setback of no less than 20 feet will be provided and maintained along Broadway Street. ppdadmlagt1rez13 -00005 conditional zoning agreement.doc 3 g. There will be a limit of one (1) free - standing sign located in the northwest corner of the property. There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h. Pedestrian lighting will be provided for the sidewalk co nection to Hollywood Boulevard and the southeast corner of the property. Lighting will a installed on the north side of the bric piers of the fence installed alonV the south property line. Business hourkwill be limited to between 5:00 anyand 11:00 pm. 4. The Owner, Applicant nd City acknowledge that tpe conditions contained herein are reasonable conditions t impose on the land unde Iowa Code §414.5 (2013), and that said conditions satisfy pu is needs that are cause by the requested zoning change. 5. The Owner, Applicant and ity acknowledge t at in the event the subject property is transferred, sold, redevelop d, or subdivided, all redevelopment will conform with the terms of this Conditional Zoni Agreement. 6. The parties acknowledge that t 's Cond a covenant running with the Ian and w and effect as a covenant with titl to th City of Iowa City. , The parties further acknowledge tha all successors, representatives, and 7. The Owner and Applicant ac Agreement shall be construed to other applicable local, state, and, 8. The parties agree that this reference into the ordinance publication of the ordinance� Recorder's Office at the ADWI Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: al Zoning Agreement shall be deemed to be tle to the land, and shall remain in full force id, unless or until released of record by the agreement shall inure to the benefit of and bind ins of the parties. that nothing in this Conditional Zoning Owner or Applicant from complying with all ulations. Z onditional Zu ing Agreement shall be incorporated by zoning the 'ect property, and that upon a0pption and this agreement all be recorded in the Johns ®n County ,ant's expense. , 2013. , OWNER: NO Y'S LLC By: APPLICANT: CASEY'S GENERAL STORES, INC. Marian K. Karr, City Clerk By: ppdadm /agt/rez134=05 conditional zoning agreement.doc 4 Approved by: 0 CITY OF IOWA CITY ACKN STATE OF IOWA ) ) ss: JOHNSON COUNTY ) EMENT: On this day of A.D. 20 , before me, the undersigned, a notary public in and for th State of Iowa, p sonally appeared Matthew J. Hayek and Marian K. Karr, to me personally kno n, who being b me duly sworn, did say that they are the Mayor and City Clerk, respectively, of aid municip corporation executing the within and foregoing instrument; that the seal affixed bealf eto is th seal of said municipal corporation; that said instrument was signed and sealed on of s,Wd municipal corporation by authority of its City Council; and that the said Mayor and execution of said instrument to be the volu them voluntarily executed. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was Stores, Inc. as such officers acknowledged that the and deed of said corporation, by it and by in and for the y com before me on as expires: 2013 by of Casey's General Notary Public in and for said County and State ppdadm /agt1rez13 -00005 conditional zoning agreement.doc 5 LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of _ and for the State of Iowa, personally known, who bl was signed on behalf of the act and deed of said limited liab , 2013, before me, the ur ally appeared me duly sworn, did say that the I (title) of Nordy's limited liability company by authl wledged the execution of sai it ompany by it voluntarily e c igned, a Notary Public in .tome m is and that said instrument of its managers and the said iment to be the voluntary Notary Public n and for the State of Iowa My commis ion expires: r..a ppdadm /agt/rez13 -00005 conditional zoning agreement.doc 6 Y S ` u yyj� o N O W3 m m O o d n Y -+ X� _c f z j v x. 2 o a n aypF Jf /W IN / i . i __.. d ..... �o%_AWM._.. .. .. cw,irWd / co ' O O !'i�j�r O, / ° O / • 1 oe / • $ / p fJ j�i �rhvi ► l� / P�_> �, iii .:� ► / -" � �• "::.:.. ��_- __ _ ..�. - any x v 7 X$ Q U a J a � U m O K U w W OI Nw ~ y W H w3 NQ �> Wp0 Z za of � V wa O~ ay ZW a Q p > Oa W 3Z p a W o¢ O> �z 3m p p Z w¢ O¢ OW �� a f- U Oa �y a f- Om try a a � a vfl m N p bpi LIL y ° B ¢T €.• gg p fm8; ?4y S p, Z � �� � �� � �� 3S $�ka• O l��g l =�Y ;��� "�C� m 3 (u� oLL I au a� ax 11135 E §i4 It I ill[ 11111 13111 =s El g m 4 C _ o U �• o y d A o - .aae.�.. za LL w , fA � a• ��g a...• .! t • @. a _ p g e W m > i m w N w Y N m C m J K a j i 4 > > s a Sq i + m a a A3 y 8 #b 3i :5 n r G Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Nordy's LLC (hereinafter "Owner ") and C ey's General Stores Inc. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximate(y 2.3 acres of property located at the southeast corner of the intersection of Broadway Street 96d Highway 6; and WHEREAN the Owner and Applicant have requesteA the rezoning of approximately 1.3 acres of property to ted approximately 160 feet east of th intersection of Broadway Street and Highway 6 from ComiRercial Office (CO -1) to Community )tommercial (CC -2); and WHEREAS, on M ch 20, 2007, the City Coun it approved Ordinance Number 07 -4225 rezoning approximately 1 a e of property located at a southeast corner of the intersection of Broadway Street and Highwa 6 from CO -1 tc CC -2 ubject to a Conditional Zoning Agreement with requirements addressing th need for an appro riate transition and buffer from CC -2 zoning to residential development; and WHEREAS, the Owner and Applic t have existing Conditional Zoning Agreement alk fencing requirements; and juested modifications to the requirements of the an alternative design for the landscaping and WHEREAS, the Planning and Zoning Ps mmission has reviewed the proposed rezoning and modifications to the previously approve Co itional Zoning Agreement and determined that the rezoning complies with the Comprehensive Pla provided that it meets conditions addressing the need to achieve compatibility with adjac nt reside ial properties; and WHEREAS, Iowa Code §414.5 (2P13) provides flat the City of Iowa City may impose reasonable conditions on granting an pplicant's rezoniN request, over and above existing regulations, in order to satisfy public n ds caused by the re uested change; and WHEREAS, the OwneInd Applicant acknowledg that certain conditions and restrictions are reasonable to the development of the operty is consistent with the Comprehensive Plan and the to minimize and mitigate the impact of commercial development on nearby residens; and WHEREAS, the Owner and At agree to develop this property ' accordance with the terms and conditions of a Condi Zoning Agreement. NOW, THEREFORE, in con ideration of the mutual promises contained erein, the parties agree as follows: 1. Nordy's, LLC is t e legal title holder of the property legally described as: A portion of Lot 1, Block 2 Braverman Center, Iowa City, Iowa, as recorded in Book 7 - Page 20, ppdadm /agt/rezl3 -00005 conditional zoning agreement.doc 1 Johnson County Recorder's Office, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 346, Page 406, and a portion of the vacated Hollywood Blvd. R.O.W. as described in Book 1070, Page 12, more particularly described as follows: Commencing at the NW corner of Section 23, T. 79 N., R. 6 W., of the 5th P.M.; thence S 89 052'40" E - 661.9 feet; thence S 0 026'20" W 377.2 feet to a %" pipe marking the NE corner of tracts recorded in Plat Book 7 - Page 9 and Plat Book 7, Page 20; Thence Northwesterly 140.94 feet along the south R.O.W. line of Highway 6 along a 3015 foot radius curve concave northerly to a 5/8" rebar marking the Point of Beginning of the parcel herein described; Thence Northwesterly 56.01 feet along said 3015 foot radius curve which chord bears N 68 018'07" W to the end of curvature; Thence N67 °56'W 161.30 feet along said South R.O.W. line to a 5/8" rebar' The oufh sterly - 23.56 feet along a 15 foot radius curve concave southeasterly which chord an3 S 67 °04' 21.21 feet to a 5/8" rebar on the easterly R.O.W. line of Broadway Street; Thence 22°04'VII 60.00 f et along said R.O.W. line to a 6/8" rebar marking the beginning of curvature; hence Southwest rly 77.83 feet along said R.O.W. line along a 473.27 foot radius curve concave sterly with centr angle of 9 025'20" to a 5/8" rebar; Thence S 69 033'40" E 117.00 feet to a 5/8" re r; Thence N 22 00 '42" E - 3.00 feet to a 5/8" rebar; Thence S 69 033'40 "E 109.60 feet to a 5/8" reba ; Thence N 22 °01' 2" E 143.41 feet to the Point of Beginning; Except: That part of Lot 1, and that part of the vaci in Block 2, Braverman Center, Iowa City, Iowa I reference at the Southwest corner of said Lot 1; tt line of said Lot 1 and along the Easterly right -of -w 473.27 foot curve concave Easterly (chord bearing for this description only)) to the point of beginnin right -of -way line of said Broadway Street and alo North 17 021'20" East 77.7 feet) to a point of tanger Easterly right -of -way line to a point of curvature; t right -of -way line and along the arc of a 15.0 foot ra North 67 °04' East 21.2 feet) to a point of intersec Highway No. 6; thence South 40 000' West 24.0 f South 17 °30' West 38.0 feet; thence South 20 000' thence North 89 033'40" West 6.5 feet to the poi of or less. And: A parcel of land in Lot 1, Block 2, Braverman thereof recorded in Book 7, Page 20, PlaXRecords of right of way of Hollywood Boulevard apr more particu i Hollywood ulevard right -of -way all located icribed as f Ilows: Commencing as point of ce Northegifiterly 100.2 feet along the Westerly line of Bp6adway Street and along the arc of a >rth 6 03 44" East 100.0 feet (assumed bearing thenc continuing 77.8 feet along the Easterly sai 473.27 foot radius curve (chord bearing t rice North 22 004' East 60.0 feet along said i e northeasterly 23.6 feet along said Easterly curve concave Southeasterly (chord bearing n with the Southerly right -of -way line of U.S. ; thence South 29 015' West 20.0 feet; thence t 56.0 feet; thence South 12 015' West 16.0 feet; ginning and containing 1,117 square feet more ter, Iowa City, Iowa, according to the plat ison County Iowa, and a portion of vacated described as follows: Commencing at the northwest cor er of Section 23, To nship 79 North, Range 8 West of the 5th P.M.; thence S 89 °52'40" E 661.9 f et; thence S 0 °26'20" 377.2 feet to the point of beginning, said point being the northeast corner, f tracts recorded in Plat ook 7, Page 9 and Plat Book 7, Page 20; thence S 0 026'20" W, 260.72 fee4 along the east line of said act to the southeast corner of said Lot 1; thence N 69 °33'40" W 43631 feet along the south line f said Lot 1 to the southwest corner thereof and the east right of away line of Broadway Street; th ce northeasterly along said Broadway Street right of way 100.20 7fet along a 473.27 foot radius cu a concave southeasterly with central angle of 12 007'50 ", thencS 69 °33'40" E 117.00 feet, then N 22 °01'42" E 3.00 feet, thence S 69 033'40" E 109.60 feet, t ence N 22 001'42" E 143.41 feet to the outh right of way line of Highway 6; thence southeasterly 10.94 feet along said south right of w line along 3015 foot radius curve concave northerly to tho point of beginning. Except: That part of �ot 1, Block 2, Braverman Center, Iowa ity, Iowa described as follows: Beginning at the Southwest corner of said Lot 1; thence Northeas rly 100.2 feet along the Westerly line of said Lot 1 and along the Easterly right -o -way line of Broad y Street and along the arc of a 473.27 foot curve concave Easterly (chord bearing North 6 034'44" E t 100.0 feet (assumed bearing for this description only); thence South 69 033'40" East 6.5 feet; thende South 8 035' West 55.0 feet; ppdadm /agthezl3 -00005 conditional zoning agreement.doc 2 thence South 3 032' West 45.2 feet to a point of intersection with the South line of said Lot 1, thence North 69 033'34" West 7.0 feet along said South line to the point of beginning and containing an area of 723 square feet more or less. And: Auditor's Parcel No. 2007045, Iowa City, Johnson County, Iowa in accordance with the Plat thereof recorded in Plat Book 52, of Page 142, in the Records of the Johnson County Recorder's Office. r- 2. The Owner and Applicant ackn w the principles of the Comprehens v acknowledge that Iowa Code §4 impose reasonable conditions on above the existing regulations, in I change. edge that the City wishes t ensure conformance to e Plan and the South Distric plan. Further, the parties 4.5 (2013) provides that a City of Iowa City may �ranting an applicant's r zoning request, over and er to satisfy public ne s caused by the requested 3. In consideration of the City's rezoning he subject prope y, Owner and Applicant agree that development of the subject prope y will conform o all other requirements of the zoning chapter, as well as the following c nditions: a. The development of the property wil substanti Ily conform to the site plan attached hereto and by reference made part o this ag ement. Any significant changes from this site plan will require approva of th Design Review Committee. b. The development of the buildings and r ures including canopies will be of a quality design appropriate for property a tting a residential neighborhood by including features such as stone an / r masonry materials, and muted colors and will substantially conform to the b ildi elevations and plans attached hereto and by reference made part of this a reem nt. Any significant changes from these designs will require approval of the esign eview Committee. c. The measurement from grade to t e bottom the canopy shall not exceed 15 feet. The overall height of the ca opy shall no exceed 18'9" from grade to the top of the canopy except for signag that complies ith the Sign Regulations. Under canopy lighting shall be flush r punted or reces ed within the canopy so that the light source is not exposed. / r d. A substantial buffer area of o less than 35 feet i width will be established along the southern and eastern property lines. Th buffer must be screened to the S2 standard and include a decorative masonry nd metal fence a minimum five (5) feet in height a4deciduous over story tree to the north of the fence. Tree species, such as Ipcust and pin oak, that prove e a screening effect but also allow for visibilityAhall be used. The trees shal be properly pruned to assure that the bulk of the crown is located six feet a ove ground to help assure visibility. Th�fence shall be in substantial com fiance with plan titled "Casey's General Sore Fence Detail Iowa City" attache hereto and by reference made patt of this agreement. i e. Berms with planti gs to be maintained at a height of betw en 2 feet and 2.5 feet above the b rm will be installed to screen headlights shown on the attached site pla . f. A landscaped setback of no less than 20 feet will be provided a d maintained along Broadway Street. ppdadm 1agt1rez13 -00005 conditional zoning agreement.doc 3 g. There will be a limit of one (1) free - standing sign located in the northwest corner of the property. There will be no building signs on the south and east sides facing the residential development. Other fascia and monument signs are permitted as per the code. h. Pedestrian lighting will be provided for the sidewalk connection to Hollywood Boulevard and the southeast corner of the property. J Lighting will be installed on the north side of the brick pier�of the fence installed along the south property lipe. Business hours will be limited to between 5:00 am ancj/11:00 pm. 4. The Owner, Applicant and City ackn wledge that the /conditions contained herein are reasonable conditions to impose on t e land under I a Code §414.5 (2013), and that said conditions satisfy public needs th t are caused the requested zoning change. 5. The Owner, Applicant and City ac transferred, sold, redeveloped, or terms of this Conditional Zoning Ag 6. The parties acknowledge that this Co a covenant running with the land and and effect as a covenant with title to City of Iowa City. The parties further acknowledge that all successors, representatives, and i dge that' in the event the subject property is ded, afi redevelopment will conform with the Zoning Agreement shall be deemed to be to the land, and shall remain in full force unless or until released of record by the eement shall inure to the benefit of and bind of the parties. 7. The Owner and Applicant to wledg that nothing in this Conditional Zoning Agreement shall be construed to r l-eve t Owner or Applicant from complying with all other applicable local, state, and deral re lations. 8. The parties agree that this nditional Z ing Agreement shall be incorporated by reference into the ordinance r zoning the su 'ect property, and that upon adoption and publication of the ordinance this agreement hall be recorded in the Johnson County Recorder's Office at the Ap icant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City C 201 OWNER: NORDY'S LLC By: APPLICANT: CA$EY'S GENERAL STORES, INC. By: ppdadm /agt/rezl3 -00005 conditional zoning agreement.doc 4 Approved by: A ity Atto e s e q -&_ CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of undersigned, a notary public in and for the State, and Marian K. Karr, to me personally known, whi the Mayor and City Clerk, respectively, of said foregoing instrument; that the seal affixed theret said instrument was signed and sealed on behall City Council; and that the said Mayor and City execution of said instrument to be the voluntary them voluntarily executed. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) / > ss: O JOHNSON COUNTY ) This instrument was Stores, Inc. 7, A.D. 20 , before me, the wngy onally appeared Matthew J. Hayek e duly sworn, did say that they are poration exe cuting the within and of said municipal corporation; that cipal corporation by authority of its ch officers acknowledged that the ct and deed of said corporation, by it and by Notary F ublic in and for the State of Iowa My commission expires: before me on\ , 2013 by as of Casey's General Notary Public in and or said County and State ppdadm /agt/rezl3 -00005 conditional zoning agreement.doc 5 LIMITED LIABILITY COMPANY ACKNOWLEDG ENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 1 On this day of , 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared % , to me personally known, who being by me duly sworn, dip say that the person is (tjtle) of Nordy's LLC and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My corlimission /expires: 1 k 7 t /rr i r ,r r r a ppdadm /agthez13 -00005 conditional zoning agreement.doc 7e Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ12- 00032) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING AND AMENDING THE SENSITIVE AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY LOCATED AT 2845 MORMON TREK BOULEVARD. (REZ12 -00032) WHEREAS, the applicant, Dealer Properties IC, LLC, has requested a rezoning to amend the Sensitive Areas Development Plan on property located at 2845 Mormon Trek Boulevard; and . WHEREAS, buffer averaging was applied to provide additional protection to a wetlands located on the subject property in accordance with the Sensitive Areas Ordinance; and WHEREAS, the minimum buffer area required for this property is 3.56 acres; and WHEREAS, the applicant has requested an adjustment to the Sensitive Areas Development Plan to reduce the overall size of the wetland buffer area from 4.46 acres to 4.14 acres; and WHEREAS, a Compensatory Mitigation Plan for the property was previously submitted to the Army Corps of Engineers and City and approved but was never implemented; and WHEREAS, the previous owner sold the property to the applicant without having installed the wetland mitigation improvements stated in the Compensatory Mitigation Plan and as required by the Sensitive Areas Ordinance; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to install the mitigation improvement measures prior to any development activity being permitted, that the wetland mitigation plan also include a requirement for an annual monitoring report, and lighting on the property be installed to minimize effects on adjacent residential properties; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and . WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the Sensitive Areas Development Plan attached hereto and incorporated herein is hereby amended to allow a reduction in the previously approved wetland buffer: LEGAL DESCRIPTION Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing 7.13 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the . Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. Page 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013. MAYOR ATTEST: A CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 4/23/2013 Vote for passage: AYES: Payne, Dickens, Hayek, Mims. NAYS: Throgmorton, Champion, Dobyns. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by, Andrew Bassm an, Planning Intern , 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is matte between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Dealer Properties IC, LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 7,09 acres of property located at 2845 Mormon Trek Boulevard; and WHEREAS, the Owner has requested the rezoning of said property to amend the Sensitive Areas Development Plan; and WHEREAS, the Planning and Zoning Commission has determined that with appropriate conditions regarding the need to install mitigation improvement measures prior to any development activity being permitted and lighting on the property being installed to minimize effects on adjacent residential properties the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §474,5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning rectuest, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need_ for protection of environmentally - sensitive areas and to minimize effects on adjacent residential development; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Dealer Properties IC L.LC is the legal titleholder of the property legally described as: Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 35, at Page 39, in the records of the Johnson County Recorder's Office, containing 7.13 acres and subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an appiicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: PP09dTd8ghec1 2 -C=2 CUAW a. The applicant will be allowed to decrease the overall size of the wetland buffer as illustrated on the Sensitive Areas Development Plan attached hereto and by reference made part of this agreement; b. The improvements shown on the "Wetland Seeding and Planting flan" shall be installed prior to any development activity being permitted on Lot 2 of the D & D Billion Addition; and c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are located within 300 feet of residentially Zoned property, whether located within a City or County zoning district, will be mounted no more than 25 feet above grade prior to the establishment of the additional vehicle display area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change, 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. --The parties further-acknowledge that this agreement-shall inure to the benefit of and bind all successors, representatives, and assigns of the parties, 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this i 241�lday of , 2013. CITY OF IOWA CITY Dealer Properties IC,.LLC• Matthew Hayek, Mayor By Attest: Marian K. Karr, City Clerk pods drW"h*?.12 -M032 czadoc Sy, Approved by, City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on .2013 by Matthew Hayek and Marian K. Kan- as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa -LIMI -TED LIABILITY COMPANY ACKNOWLEDGEMENT. STATE OF 161f, av %,A%, twxal ss, ..iAAN COUNTY }w' C11- � A1+i nnsv ok• On this $ day of , 2013, before me, the undersigned, a Notary Public in and for the State of , na11y appeared Oat *cA V. � Ll� � , to me personally known, who being by me duly sworn, did say that the person is o, rrwvv %k�'(" (title) of pa�nr Prn�►es `C, LLC and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said vw '(— acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily exeec-u�tteed. ------ C. $F Ir�IDA T!RRFL Notary Public in and for the St to of Imv Y� "a' tY Plfstl l so e� i coC dd XS UTH pMp-rA My commission expires- ppde W97.fie¢12 72 casAN 3 � ^�� ► \\\ \\ \� j \ \ � \ (� � & «.* /� � � �� �� � \ � � � k: \ � �. / '� \ ��& � i ƒ / � ; % :44' / \ r i a � ■�� \ �� \' � ��� � } ,§�`� @ §�� .& 2 ? /y �` a. � /�. d \� �\6� E R 11 # Jill z f- a� ZQ Z�Q (LQO Z w U W � W _ ^O o m Z= g� 1- O uj O i Egg � WE og ad- 'd d- �..k.. CO a CL s I_€ {S f N ?cif 1 _ 11 yfE y6$�iQZs� 1 B � � d of g Ifil"I vis 0 Ax Ilia 41 MIN0111 y3ay6 y yy MU � 3 3 qq qq yy 6g6�{ S� s e a t u� liar aggilyy; iy�� all S � ;5a1 g 1 1. g .g1lig ill s 5� k �g5 b _ 11 yfE [ ! 1 B � � d of pMp � E Ifil"I - If � e a t u� liar aggilyy; iy�� all S � ;5a1 g 1 1. g .g1lig ill s 5� k �g5 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Dealer Properti , UL£ (hereinafter "Owner "). WHEREAS, Owner is the Illegal title holder of approxi ately 7.09 acres of property located at 2845 Mormon Trek Boul ard; and In WHEREAS, the Owner has \requested the rezoning ,bf said property to amend the Sensitive Areas Development Plan; a d / WHEREAS, the Planning and Zo 'ng Commission h determined that with appropriate conditions regarding the need to in all mitigation i rovement measures prior to any development activity being permitted a lighting on th property being installed to minimize effects on adjacent residential property s the requ sted zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (201 reasonable conditions on granting an appl regulations, in order to satisfy public needs c WHEREAS, the Owner acknowle reasonable to ensure the development of Plan and the need for protection of envirol adjacent residential development; and / WHEREAS, the Owner agrees to develop this conditions of a Conditional Zoning Agr ement. tides that the City of Iowa City may impose rezoning request, over and above existing by the requested change; and that certain conditions and restrictions are roperty is consistent with the Comprehensive ally- sensitive areas and to minimize effects on in accordance with the terms and NOW, THEREFORE, in considera on of the mutu I promises contained herein, the parties agree as follows: 1. Dealer Properties IC LL is the legal title holde of the property legally described as: Outlot B, JJR Davis AOin ion, Iowa City, Iowa, in ac ordance with the plat thereof recorded in Plat Book 55, at Page the records of the John n County Recorder's Office, containing 7.13 acres and subject to easements and restrictions of record. 2. The Owner ackno*ledges that the City wishes to a sure conformance to the principles of the Comprensive Plan and the Southwest istrict plan. Further, the parties acknowledge th t Iowa Code §414.5 (2013) provid that the City of Iowa City may impose reasonable conditions on granting an applic is rezoning request, over and above the exiing regulations, in order to satisfy public eeds caused by the requested change. f 3. In consid ation of the City's rezoning the subject property, Owner agrees that develop nt of the subject property will conform to all other requirements of the zoning chapter,,/as well as the following conditions: ppdadm /agt1rez12 -00032 cza draft ordinance.doc 1 a. The applicant will be allowed to decrease the overall size of the wetland buffer as illustrated on the Sensitive Areas Development Plan attached hereto and by reference made part of this agreement; b. The improvements shown on the "Wetland Seeding and Planting Plan" shall be installed prior to any development activity being permitted on Lot 2 of the D & D Billion Addition; and c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are located within 300 feet of Residentially Zoned property, whether located within a City or County zoning district, will be mounted no more than 25 feet above grade prior to the establishment of the additional vehicle display area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City ackno ledge that the conditio s contained herein are reasonable conditions to impose on th land under Iowa ode §414.5 (2013), and that said conditions satisfy public need that are caused by a requested zoning change. 5. The Owner and City acknowl dge that in the a ent the subject property is transferred, sold, redeveloped, or subdivi d, all redevelo ent will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that t 's Conditio I Zoning Agreement shall be deemed to be a covenant running with the Ian and with itle to the land, and shall remain in full force and effect as a covenant with tit to the and, unless or until released of record by the City of Iowa City. The parties further acknowledge th t is agreement shall inure to the benefit of and bind all successors, representatives, an ssigns of the parties. 7. The Owner acknowledges that n�t 'ng in this Conditional Zoning Agreement shall be construed to relieve the Owner or Tplicant from complying with all other applicable local, state, and federal regulat�ns. 8. The parties agree that this /Condition I Zoning Agreement shall be incorporated by reference into the ordinance rezoning t e subject property, and that upon adoption and publication of the ordinance, this agree ent shall be recorded in the Johnson County Recorder's Office at the Abplicant's expe e. Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City./Clerk ppdadm /agt/rez12 -00032 =a draft ordinance.doc 2 2013. By. By: Properties IC, LLC Approved by: ity Attor ey's is 8 /3 CITY OF IOWA CITY ACKNO EDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was before me on and Marian K. Karr as Mayor and Vity Clerk, LIMITED LIABILITY COMPANY AC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of and for the State of Iowa, persi personally known, who bei said limited liability act and deed of said limited 2013 by Matthew Hayek ly, of the City of Iowa City. Public in and for the State of Iowa DGEMENT: , 2013, efore me, the undersigned, a Notary Public in m Ily appeared , to me by me dul sworn, did say that the person is (title) of and that aid instrument was signed on behalf of the any by authority of its managers and the said iowledged the executi of said instrument to be the voluntary ity company by it volunta 'ly executed. Notary Public My commission ppdadmlagUrez12-00032 cm draft ordinance.doc 3 for the State of Iowa Y. ,.� � _ ���, ��,> `�� ���� rt� ,_ { 7e-, To: Planning & Zoning Commission Item: RE12 -00032 Mormon Trek Blvd /Dane Rd GENERAL INFORMATION: STAFF REPORT Prepared by: Charlie Cowell, Intern Date: March 7, 2013 Applicant: Dealer Properties 3401 41St Street Sioux Falls, SD 57106 davidbillion @billionauto.com Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 605- 362 -3432 Rezoning to amend the Sensitive Area Overlay applied to the property Reduce the wetland buffer to allow additional development area Mormon Trek Blvd /Dane Rd 7.09 acres Billion KIA Automotive Dealership, Intensive Commercial (CI -1) North: Car dealership (CI -1) South: Residential (County -R) East: Undeveloped (CI -1) West: Highway 218 (CI -1) South Central Planning District February 14, 2013 March 31, 2013 In 2003 Iowa City annexed the property at Mormon Trek Blvd and Dane Road. The property was originally zoned Highway Commercial (CH -1) with a Sensitive Area Overlay. In accordance with the Sensitive Areas Ordinance, buffer averaging was applied to provide additional protection to a wetland located within Outlot A and Outlot B in the JJR Davis Addition. As a result, a Sensitive Areas Rezoning and Development Plan for the property was approved, subject to approval of a Wetland Mitigation Plan by the Army Corps of Engineers. The Sensitive Areas Ordinance as applied to the property required a 50 foot natural buffer between development and regulated wetlands. Buffer averaging was also permitted where an increased buffer was deemed necessary or desirable to provide for additional protection to one area of a wetland for aesthetic or environmental reasons. Buffer averaging allows for a reduction of the buffer width as long as the total buffer area is equal or greater to the area with the required buffer. For example, widths as low as 25 feet are acceptable if other portions of the buffer provide widths greater than 100 feet (for this property another provision of the ordinance was approved to reduce the 100 foot buffer to 50 feet). The Sensitive Areas Rezoning and Development Plan approved in 2003 provided a wetland buffer area of 4.46 acres, which is above the minimum required area for the property of 3.56 acres. In exchange for a greater buffer adjacent to Mormon Trek Boulevard the buffer was reduced in the north central portion of Outlot B. The applicant, Dealer Properties, purchased the property from the original developer, JJR Davis. The applicant in now requesting a buffer area adjustment to Outlot B to reduce the overall size of the wetland buffer area from 4.46 acres to 4.14 acres. The purpose of the adjustment is to allow for an expansion of the vehicle display area for the Billion Automotive Dealership located north of the wetland. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives. ANALYSIS: Current Zoning: The property is zoned for Intensive Commercial (CI -1) to allow sales and service functions that typically have outdoor displays, sales of motor vehicles, and operations in buildings not completely enclosed, among other uses. The Billion KIA Automotive Dealership currently occupies the property to the north. The Sensitive Areas Plan approved for the property set aside Outlot B for storm water management, wetland restoration and wetland buffer area. Proposed Zoning: The applicant proposes to amend the Sensitive Area Plan applied to the property. An adjustment to the Sensitive Area Plan would allow the applicant to expand the vehicle display area of their automotive dealership. Expansion would occur into Outlot B and encroach onto the current wetland buffer area. The proposal eliminates 0.3 acres of buffer area, still leaving 0.6 acres of buffer beyond the minimum required area. Environmentally Sensitive Areas: As noted above Outlot B contains a wetland and requires mitigation measures to provide protection for aesthetic and environmental reasons. A Compensatory Mitigation Plan for the property was previously submitted to the Army Corps of Engineers and City detailing the goals of mitigation, an assessment of wetland value, an analysis of soils, a list of plants to be used, and provisions for monitoring wetland condition. The Sensitive Areas Development Plan was approved in 2003, however it was never implemented. The previous owner sold the property to the applicant without having installed the wetland mitigation improvements stated in the Plan and required by the Sensitive Areas Ordinance. If this application to reduce the buffer area is to be approved, staff recommends that mitigation improvement measures be installed prior to any development activity being permitted. Staff also recommends that the wetland mitigation plan also include requirements for an annual monitoring report to be submitted the City's Development Regulations Specialist. Monitoring of mitigation installments should include: • Data on the types of plants and extent of plant cover in the wetland • The presence of wildlife • Data on water and soil conditions, and ground and surface water interactions • Alterations or corrective measures to address deficiencies in the wetland The Army Corps of Engineers would be the monitoring agency, with reports sent to both the Corps and City. PCD \Staff Reports \rezl2 -00032 mormon trek dane rd staff report.doc 3 In addition to the requested buffer adjustment, the Plan submitted by the applicant includes a temporary materials and equipment storage area on a lot near the southeast corner of Outlot B. The lot is zoned County Residential (R) with residential homes south of the lot along Dane Road. Once the wetland restoration measured are installed the lot would return to open space and supplement the wetland buffer area or be used for a use permitted by the County zoning that applies to the property. STAFF RECOMMENDATION: Staff recommends approval of REZ12 -00032 an amended Sensitive Areas Development Plan, subject to the wetland mitigation improvements being installed before further development activity occurs. In addition, Staff recommends the applicant submit annual monitoring reports to the City. These conditions should be noted on the Sensitive Areas Development Plan. . ATTACHMENTS: 1. Location Map 2. Sensitive Areas Development Plan Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reportslrez12 -00032 mormon trek_dane rd staff report.doc I P11 I 911 �V . ���IIHIIT 9 F-1 0 WZ OZ wi al IN Ry te 4Y7': s" ►', r�h" - \ ��-rd ._.. ,�„1 .. r °. =_J n' �.. _. a � >:;b -_ b� . ,. , ^� January 21, 2013 Robert Miklo Planning and Zoning Commission 410 E. Washington Street Iowa City, IA 52240 RE: Billion KIA Pavement Extension 2845 Morman Trek Boulevard (Lot 2 D &D Billion Addition) TO: Planning and Zoning Commission Members We are requesting your endorsement to allow for a buffer area adjustment at the above referenced location. The primary reason for the buffer adjustment would be to allow for a much needed expansion of our vehicle display area. We initially understood that this could be accomplished by adjusting our south property line and buffer area through a plat of survey which has been completed and recorded. After the plat of survey was recorded, our engineering firm made plan revisions for us which were taken to the permit center. City staff then determined that we would need to have planning and zoning review our plan and obtain council approval. We believe we have a sound and justifiable case for why the buffer area reduction should be allowed. The current buffer area is 4.46 acres of land. The required buffer area for this property is only 3.56 acres of land. Therefore we have .9 acres more than required. We are proposing to eliminate .30 acres of buffer. Upon completion of this adjustment there would still be .60 buffer acres above and beyond the code requirement. We believe that the buffer reduction not only meets code but also provides a positive economic impact for the community of Iowa City. The ability to provide more displays increases the opportunity for sales which increases tax revenue for the city and state. Sincerely, H &R Construction Co. Nathan Herbst 307 East 39th Street I South Sioux City, NE 68776 1 Phone: 402.412.3550 1 Fax: 402.412.3552 City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner RE: REZ12 -00032 At your last meeting, the Commission deferred discussion of this rezoning to allow clarifications of issues and questions raised by neighboring property owners. The applicant's consultant has staked the area proposed for the expansion of the vehicle display area to allow the Commission and neighbors to see layout on the ground. The Housing and Inspection Department is investigating the question about lighting. There was also a question about landscaping to screen the lighting and vehicle display area from the residential neighborhood to the south. The Conditional Zoning Agreement that applies to this property requires a 20 -foot wide buffer landscaped to the S3 standard, including a mix of evergreen and deciduous trees along the southern edge of the development that is visible the residential properties. This required landscaping should be shown on the plan. The Chair suggested that the applicant consider using the vacant residential lot within the county as replacement buffer for the requested buffer reduction area. Staff has repeated that suggestion to the applicant's consultant. We anticipate that the applicant will submit a revised plan before your meeting on Thursday. Planning and Zoning Commission March 4, 2013 - Informal Page 2 of 7 rp v e 6t 4, sk1 / /3 ment Zr 1.3 -acres of property currently zoned CC -2 located at the southeast co of the i ection of Broadway Street and Highway 6. Miklo said they have ith the applicant and were anticipating a revfs6d plan before Friday, but haven't received it. Mik J. staff is going to recommend. -some changes for the existing Conditional Zoning Agreement (C at applies to the western part of the property that's already zoned Community Commercial (C a -said after speaking with the police and the applicant staff would like to change the,preVious cing requirements that called for a solid masonry fence to a wrought iron -fence that allows mor ibility, along with low shrubs and fewer evergreens. He said_there may be changes to the whole p rather than just the east, as had previously beefrdiscussed. Freerks asked if that would affect the minimum screening standards. Miklo replie t they have to meet the minimum standards. Rezoning Items REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of Dane Road and Mormon Trek Blvd). Cowell explained that there is a previous sensitive wetlands area, which extends into outlot E, the subject property. He said the applicant wishes to extend the parking lot in the buffer area in outlot B by using buffer averaging. He said when the subdivision was previously approved, there were mitigation measures that were supposed to be put in place, but they were overlooked. He said staff is recommending that they meet these mitigation standards before extending into the buffer area. Freerks said that even if it was another owner who failed to meet the mitigation standards, those standards are conveyed with the land. Miklo said that the former owner did not install the wetland mitigation improvements that were required. Freerks asked who checks that these requirements are met. Miklo explained how this situation came to be, which was basically that the developer forgot to do it, and it slipped through the cracks. Eastham asked if the staff at the City did not understand that the mitigation had not been done when the applicant applied. Miklo said they did not. Freerks said it might be interesting to have an idea how this can be prevented in the future and asked staff to look into it. Eastham asked if he is correct in thinking that the request in this application is to reduce a wetland buffer area. Miklo said he is correct. It was discussed that even with this reduction in wetland buffer, the buffer would be more than is required. Martin asked what the wetland mitigation is that they need to do. Miklo said there are invasive species of plants, so topsoil will have to be removed before putting in new topsoil and plant wetland species of trees and grasses. Eastham asked if the applicant had knowledge of this "forgotten" mitigation. The Commission thought that when you buy property, that's something you should know. Planning and Zoning Commission March 7, 2013 - Formal Page 6 of 18 'gmyd Rezoning Items REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of Dane Road and Mormon Trek Blvd). Miklo introduced Charlie Cowell, a graduate student in Urban and Regional Planning at the University of Iowa, who is an intern in the Planning Department. Cowell said the area south of the subject property is County Residential with homes along Dane Road. He said that outlot B on the subject property is where the Sensitive Areas Development Plan Overlay is located and where the buffer reduction is being requested. He said outlot B was set aside according to the Sensitive Areas Plan for storm water management and wetland restoration when it was put in place in 2003. He said the property was annexed along with a larger land mass in 2003 into the JJR Davis Addition, who was the previous owner. Cowell said the area ordinance requires a fifty foot buffer between the development and the wetlands. He said the original owner requested buffer averaging, which is permitted when an increased buffer in one area is required for aesthetics and increased wetland mitigation. He said along Mormon Trek the buffer was increased and in exchange for a reduction in the north central part of the outlot. He said the original plan in 2003 provided 4.46 acres of buffer area, which was above the minimum requirement of 3.56 acres based on the fifty foot wide buffer area that was required. He said the applicant requests a buffer reduction to expand its automotive dealership display area to the south. He said with the expansion it would eliminate .3 acres of the buffer area but the overall area would still meet the minimum requirements at 4.14 acres. Cowell said the original plan that was submitted to the Army Corps of Engineers required mitigation measures, including wetland soil analysis, a list of plants to be used for mitigation, and monitoring provisions. He said the plan was approved but the mitigation measures never got implemented. He said staff is recommending approval of the Sensitive Plan Amendment for buffer reduction under the condition that the mitigation improvement measures be installed prior to development, and these would include native buffer seeding, wooded wetland planting, tree planting and protection, and required wetland monitoring reports submitted to the City and the Corps. Freerks asked if none of the mitigation was done. Miklo said he asked the City Housing and Inspection Department how that happened and was told that the previous subdivision approved by JJR had a public street installed in this area. He said normally before a public street is accepted, there is an inspection done to make sure all the storm water management facilities are put in. He said at some point that public street was vacated so there was never an inspection and none of the mitigation was done. Eastham asked if there is already an auto display area in place and if the request is to extend that area. Cowell said yes, and it would encroach into the buffer for the wetland mitigation. Greenwood Hektoen said there has already been a lot line adjustment to expand Lot B into the area that previously was Outlot B, but the sensitive areas buffer remains encumbering that area. Freerks asked if it has to be reassigned. Greenwood Hektoen said it does. Swygard asked where one of the pictures was taken from. She said she wanted a sense of how close the dealership was to a residential area. Miklo showed her on a map. Planning and Zoning Commission March 7, 2013 - Formal Page 7 of 18 Martin asked if the monitoring of the mitigation installments is common for other mitigations. Miklo said the City has required it depending on the size and quality of the wetland, and in this case they want to make sure it is done correctly, so that is why staff is recommending it as a condition. Martin asked who monitors it. Miklo said the applicant would have a wetland specialist review it on an annual basis. Freerks asked if the Inspection Department could come up with a way that this doesn't happen again. Freerks opened public hearing. Scott Pottorff of MMS Consultants said they have been working with the applicant on this wetland restoration plan and can take questions. Swygard asked why the applicant chose not to use the good neighbor policy. Nate Herbst of H &R Construction, who is a representative for the applicant, said that came as a surprise to him. He said if he had known, they would have used the good neighbor policy. Freerks asked if he could tell them where the houses are located right below the county line. Nate says there is a treeline to the southwest that kind of buffers the Commercial from the residential, and he would estimate that it is about two hundred feet on the southwest side of the wetlands. Freerks asked if the lighting standards would apply even though it's County. Miklo said they would. He said there are restrictions on the height of any fixtures that are within three hundred feet of a residential zone. Nate said when the applicant purchased the property from JJR Davis, they were told that the work was done. Roxanne Bohlke of 4195 Dane Road SE, a long -time resident, said it's been sad to watch the wetlands and habitat disappear. She says there is no lack of asphalt and parking for the dealership. She said if the applicant only takes .3 acres, she can't see how it's important to take that negligible an amount. She said they have a considerable amount of area already to park their cars. She said there are many animals in the habitat. She said Billion Auto wasn't here for either the 1993 or 2008 floods, and she is curious if the water running off those parking lots is going toward the city or into the wetlands. She said the more wetlands are conserved, the better the watershed will be in that area. Pottorff said the building and property are split into two watersheds so most of the run -off is piped with an overland flow route for larger storms coming into the wetlands. He said there is another storm water management system that gets piped down to the airport. Freerks asked how the mitigation will deal with the storm water. Miklo said it's been the City's experience that when you combine storm water and wetland facilities, it's a real challenge, and that's why it's so important that this plan be put in place and done correctly. He said they would be working both with the City and the Corps of Engineers. Planning and Zoning Commission March 7, 2013 - Formal Page 8 of 18 Pottorff said he has been working with the Corps to make this a better plan than what it was in 2003. He said they are typically hired to do monitoring on their sites, but in this case they hadn't been hired, so they didn't know it hadn't been installed either. Eastham asked if the storm water from the southern half of the auto display area goes toward the residents along Dane Road but is intercepted before it gets to them. Pottorff said that was correct. He said the plan is to install storm water management per City Code to detain that run off and slowly release it into the waterway it currently follows. Freerks asked Miklo if staff is comfortable with the Commission moving forward. Miklo said staff is recommending approval subject to the monitoring occurring and subject to the installation of the mitigation improvements prior to the additional paving being done. Freerks said she was concerned because water can be so damaging to properties. Miklo said the City Engineers are satisfied with the storm water management plan. John Rummelhart of 1112 E. Court Street said he is part owner of the closest county house to the subject property. He wanted to know,where, in exchange for a greater buffer adjacent to Mormon Trek, the reduced buffer reduction in the north central portion of outlot B is. Pottorff showed him on a map. Freerks said they are still going to have .6 acres above the minimum number. Rummelhart said he was not comfortable with the fact that the applicant already has 45 spaces for car display along Mormon Trek Bouldevard, and they are trying to get five more for increased exposure and sales. He was upset that they didn't have a good neighbor meeting. Rummelhart wanted to know if this was the same plan from 2003. Miklo said it is basically the same, but some of the mitigation in conjunction with the storm water has been revised to add practices that the Corps thinks will better handle the storm water. Rummelhart said the seeding standards and distances between trees have been reduced since the 2003 plan. He said in the agreement with the original owner it states that an obligation to maintain outlot B shall include but is not limited to the obligation to comply with the compensatory wetland mitigation plan approved in connection with the ordinance zoning this property and obligation to maintain the storm water detention basin area. He said that is what now is the applicant's responsibility rather than to reduce the buffer more, add more parking, and have more cars on the frontage. He said the applicant has already taken huge advantage of buffer areas. Rummelhart asked if any calculations have been done for storm water. Miklo replied that the City Engineers reviewed the storm water management plan based on the City's storm water management ordinance. Rummelhart asked if funds had originally been escrowed for this wetland. Miklo said they had not. Rummelhart said he was concerned about the elevation of the parking lot and the lighting. Miklo explained that there are currently vehicles parked on the mitigation area that will have to be removed. He said the county property to the south was identified in an earlier plan as a material storage area, and as soon as the restoration is complete any activity associated with the wetland or the dealership should not be on that property. He said the property is zoned residential and can't be used for the dealership, so since they are proposing to reduce the buffer on the north perhaps the applicant's residential lot located south of the wetland could be set aside to compensate for the reduction. Miklo said if there are concerns about lighting, the Commission could put restrictions on any additional lighting in the subject area. Freerks asked how lighting has been addressed in the Planning and Zoning Commission March 7, 2013 - Formal Page 9 of 18 past in a wetland buffer mitigation area. Miklo replied that the Code really doesn't address lighting in that situation. He said the Code says that if you are within three hundred feet of a residential zone the height of the light fixtures is limited to a maximum of 25 feet. Vicki DeBono of 4173 Dane Road said the applicant has already overstepped what they were allowed to do. She said that vehicles are parked where they are not allowed, and it's been a safety issue all winter, and she would like to the applicant to do what they are supposed to do. She asked to see where the .3 acres will be, and Miklo showed her the approximate area on a map. She said it's approximately eighty -five feet from the properties to the dealership when considering lighting. She said that waterway handled a lot of water without all the pavement on the applicant's property and she wants to know how many acres of pavement there are now. She asked if there was any wildlife and plant inventory done in the wetland. Pottorff said with the original development they did a wetlands analysis evaluation, and at that time an inventory would have been done. DeBono said her hope is that someone does an inventory during growing season to make sure that something significant isn't plowed up to put in native grasses. Miklo said there are some invasive species in the area, and the goal was to remove those to allow the wetland species to recover. DeBono asked about a nearby property being donated to the City for prairie restoration. Miklo said that there were some discussions about the area to the south being dedicated to the City for a prairie preserve. DeBono stated that she hoped the City would understand that anything that affects habitat there will affect habitat on a nearby property as well. Roxanne Bohlke said she would like someone from the City to take photographs of the land that might be donated to the City that is behind the dealership, so they can get a perspective on why the residents feel so passionate about it. She said there are many waterways on this property. Miklo said none of the streams are identified on their maps. Bohlke said it depends on the time of year and the weather. Eastham asked if her point about the additional waterways is that the storm water plan may not capture the run -off that's coming from that area. She said the whole network behind the homes on Dane Road feed into the Iowa River, and they are concerned about the watershed. Nate Herbst said they will be doing the wetland mitigation work and hope to start as soon as April. He apologized for the cars that are parked on the buffer and will get them moved. He said what the .3 acres will do is get forty -two stalls onto pavement so that situation doesn't occur again. He said approval of the application will get the wetlands restored, they will add stalls, which will get vehicles away from where they aren't supposed to be, and it is just .3 acres and they are within the Code. Eastham asked how many parking stalls exist already. Herbst said he would guess one - hundred and twelve. Freerks asked if all the survey information is new since they purchased this land in January. Herbst said it's 2003 information tweaked and reapproved by the Corps. Freerks said her concern is that no one at the meeting knows what really is the mitigation area, that nothing is marked off. Janel Jung of 4181 Dane Road said she thinks they should be getting everything fixed, after which the applicant can approach asking for a favor. She asked where the buffer would be. Miklo replied that the buffer would be narrower and bring the cars closer to where the houses are. He said they suggested to the applicant making the vacant lot a buffer area to compensate for the additional area. Jung said the applicant had been warned several times in the past six Planning and Zoning Commission March 7, 2013 - Formal Page 10 of 18 months about moving the cars parked on the buffer. Rummelhart said the intent of a buffer strip is to be around the entire wetland area, not to be compressed into one little area. He said there are other places on the property they could park the cars they want the spaces for. He said the plan in 2003 was agreed on, and now Billion want to keep chipping away at it. He said enough is enough. Freerks closed public hearing. Eastham moved to defer this item to the March 21 meeting. Swygard seconded. Eastham asked if the applicant could apply for the same buffer reduction if the wetland mitigation plan had originally been fully implemented. Miklo said yes. Eastham asked if this application is rejected can the wetland mitigation original plan still be put in place. Miklo said what he would recommend is to approve the modifications to the wetland plan, and if the Commission were reluctant to approve the buffer, don't approve that aspect of it. Freerks said she would like more information on how lighting could be staged downward as it gets closer to buffer area and housing. She would like to see the area marked out immediately. She said she would like staff to talk to the applicant to see if there could be some compromise to use the area where the house was removed as buffer, particularly because it can't be used for storage and you can't park cars on it. Thomas asked about screening. Freerks said she would like to know if all the screening standards have been met and what they need to be. Thomas said he's concerned about the height of those lights, so his concern is a really strong tree buffer. Martin asked if it's possible for a good neighbor meeting to take place before the next Planning and Zoning meeting. Miklo said they can ask. Eastham said he thought that was a good idea too. Martin said it was important to have the extended area flagged out. A vote was taken and the motion carried 6 -0. Freerks called for a three minute break, after which the meeting was called to order. ANN13- 00001 /REZ13- 00002 /REZ13- 00003: Discussion of an application submitted by Allen Homes for an annexation and a rezoning from County Residential (R) zone to Low Density Multifamily (RM -12) zone for approximately 2.0 -acres of property, and a rezoning from Low Density Single Family (RS -5) zone to Low Density Multifamily (RM -12) zone for approximately 2.83 -acres of property for a total of 4.83 -acres of property located at the northeast corner of Scott Boulevard and American Legion Road. Miklo said part of the subject is already in the city and zoned Low Density Single Family (RS -5) and part is in the county and zoned County Residential (R). He said this would be annexed into the city and the overall property would be rezoned to Low Density Multifamily (RM -12). He showed some images of the property and the house on the property that would be removed. He said since the informal meeting on Monday, the City has a plan for a round -about improvement at this intersection which would require some additional right of way from this property, so staff is revising its recommendation to use additional right of way from American Legion Road in addition to this corner to accommodate the roundabout. He said staff is recommending that the Planning and Zoning Commission March 21, 2013 - Formal Page 8 of 17 51-Ores Inc. for a rezoning from Commercial Office (CO -1) zone to Communi Co ercial for zone for approximately 2.31 -acres of property and to amen he Condi ' nal Zoning Agreement for 1.3 -acres of property currently zoned CC -2 to ed at the sou Zoning corner of the intersection of Broadway Street and Highway with the recommen conditions. Eastham secon Swygard said she thinks a applicant has worked hard to make the ore fit this site. She said she particularly likes how t fencing and the lighting have bee ought out to minimize the impact on the neighbors. Eastham said he appreciates the s and applicant w ing together to attain a reasonable building design on a major highway in he city and give reasonable consideration to the impact of car lights on the adjoining res ences a said that he believes the project will enhance the entire nearby neighborhood. Thomas said he also appreciates the effo hat has ne into this. He said he thinks berming is an excellent approach to takXh ng because s e trees and shrubs may not make it in the long run so using just the will be more effec ' e. He said the shapes of the day lily areas seem a bit ragged to hhopes in the implem tation they will b e smoothed out. He said he personally is okaount of glass in the fro Freerks said she is hap with the fence and the berm and thinks it gdlek in the right direction to utilizZutside. lik that which is low in cost but will be effective. said she likes the landse ated that she's happy to see something developed on t ' corner, and she thinkutilized and will be a good project. She said she is a bit dis ointed in the buildnd personally likes more windows for the employees to be able see what's goin. She suggested that perhaps in their next design template for C ey's that they indows. vote was taken and the motion carried 7 -0. Rezoning Items REZ12- 00032: Discussion of an application submitted by Dealer Properties for a rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Blvd (west of the intersection of Dane Road and Mormon Trek Blvd). Miklo said the applicant had a good neighbor meeting, one person attended, and the applicant agreed to plant a row of evergreens on the vacant residential lot that they own in the county. He said there is a revised plan, which shows compliance with the twenty foot buffer that's required by the Conditional Zoning Agreement and includes additional landscaping to screen the car dealership from the residences on Dane Road. He said there's some question of whether or not the lighting is in compliance, and the City needs to determine if the three - hundred foot setback applies to a residential zone in the county. He said if it is determined that the setback applies, the lights would have to be lowered to meet that standard. He said staff is recommending approval of the revised plan with the condition is that the mitigation work to the wetlands be completed before the new paving is installed. Planning and Zoning Commission March 21, 2013 - Formal Page 9 of 17 Eastham said the current Code doesn't allow buffer reduction and buffer averaging on the same site. Miklo said at the time this plan was approved, an applicant could seek both buffer reduction and buffer averaging. He said when the Code was rewritten a few years ago, the ability to do both was removed. Freerks mentioned that there are four to seven lights within the 300 foot area where they are thirty -two feet high, and asked if in the plan that was approved were they to be twenty -five feet high. Miklo said he thinks it was an oversight in creating and reviewing the plan. Thomas asked if they were to be reduced in height would it only apply to a certain few. Miklo said it would be the ones within three - hundred feet and pointed out the locations on the plan. He said any new ones would have to be limited in height. Thomas asked if they were in compliance with regard to the other standards in terms of outside lighting, like shielding. Miklo replied that they are in compliance with the higher standard of lighting for display lots. Miklo said the older parts of the lot do comply with the lighting standards. Eastham asked if it is the staffs position that there's no long -term effect on the stability of the wetland by reducing the buffer amount between the edge of the developed area and the wetland as is being requested. Miklo said he thinks it was a minimal amount of buffer reduction in terms of the long term effect on the wetland Freerks opened public hearing. Duane Musser of MMS Consultants said they prepared the original plan for the subdivision and the plans for the dealership. He said there are contractors this spring hired to put the wetlands in per the Corps permit. He said they updated the mitigation plan with the Corps of Engineers and made some modifications to it based on the current conditions of the site. He said the detention basin drains about sixteen acres of this side of Iowa City and approximately fifty acres of that goes into the basin. He said they are meeting the City requirements for a commercial development not only in the storage volume but also in the release rate into that existing waterway. He said through the proposed buffer reduction, they would be adding an additional 11,000 square feet of pavement for the display area. He said of that sixty acres of that drainage way, this 11,000 square feet is approximately half or .005 percent. Musser explained that the storage lay -down on the empty residential lot in the county is temporary for the construction of the wetlands. He said when the project is built that area would be graded and seeded and planted with pine trees. Freerks asked if there was parking now on the wetlands like there was at the time of the last Commission meeting. Musser said the vehicles were moved the day after that meeting. He said they staked the corners of the proposed parking addition. He said he and his wetland expert on his staff don't see this small percentage of reduction of the buffer as having any impact on that waterway or the drainage. Eastham asked if Musser saw any impact on the wetland itself. Musser said he doesn't. He said they will remove eighteen inches of top soil to get rid of the invasive species, bring in clean top soil to plant the wetland plants and, as according to any Corps permit, they have to monitor and maintain that, and if they don't, the meter keeps ticking until the Corps is satisfied. He said this should ultimately be a better wetland for the area and for the environment, and he thinks this is a good thing for the watershed. Miklo said he saw this as an improvement for the watershed too. Planning and Zoning Commission March 21, 2013 - Formal Page 10 of 17 Swygard asked how many cars can be parked on the 11,000 square feet of additional pavement. Musser said it's for product display, so forty -two can be parked on it. Ridgley said there are permeable surfaces that are almost cost neutral that would actually assist in the wetland issues. She said for future considerations, there are other options that achieve a better outcome. She said to be mindful of planting a variety of pines because if they are all the same and something happens to one, all the others become vulnerable. Freerks said they had talked in the past about using other kinds of surfaces but the problem in Iowa seemed to be the freezing and the thawing that caused issue. Janel Jung of 4161 Dane Road said at least three of the residents on Dane Road did not receive notice of the good neighbor meeting that was held. She said she is concerned with how much more Billion Auto wants to grow and thinks they threaten locally owned car dealerships. She said right now the lighting from 'Billions prevents them from using their deck. She said she's concerned that the additional lighting will impact her residence even more. Greenwood Hektoen said that as a condition of this zoning the Commission could say that regardless of the retroactive applicability of the lighting standards to county property, with any new lighting that's put on this property it comply while the City continues to investigate whether it applies to any lights that have been installed. Jung said she thinks that the dealership knew from the beginning that they had to put in a wetland and a buffer. She said they were parking illegally on the residential area and along the street in the City. She said every time the County told them to move the cars, they would bring them back in a few days. She said with Billion's past history, she has no faith that they will abide and comply with the laws and the Code. She had questions about protesting a rezoning. Rummelhart said he's concerned with the flow of water and the calculations and wants them to be looked at by City staff. He had the good neighbor meeting was held at noon, when few people could attend. He had questions about buffers and wetlands which Miklo answered. He said there have already been considerable accommodations to Billion and the previous owner. He said he doesn't know why they need additional pavement. He said his biggest concern is the lighting. He said the elevation difference needs to be taken into consideration because the Billion property sits up so much higher than the residences on Dane Road. He said there should be some conditions on what the trees will be on the vacant residential lot. He said he thought they should plant some trees on the lot where they tore down the building. He said on the original plan more seeding was required than on the current plan, and he would like to see the Commission require that the original amount be used. Musser said he knows they have a plan approved by the Corps, and they have two different wetland mixes that are to be combined and seeded at eighteen pounds per acre. He said the contractor for the applicant and Housing and Inspection Services have already agreed that the one light pole that needs to be moved and the one new additional pole will meet whatever the requirements are based on the residential zoning. Freerks asked if Musser would want to have the poles that currently are within 300 feet of the County residential zone lowered. Musser said he can request that, but he can't authorize it. Freerks said that lighting is a big issue. She said people expect to have a certain amount of pleasure from their living space and that doesn't mean that they want other people's lights beaming down on them all day and all night. Miklo reminded the Commission that they can put conditions on the lighting. Planning and Zoning Commission March 21, 2013 - Formal Page 11 of 17 Musser said that the applicant was willing to lower all the poles within the 300 feet of the County residential zone and will make that a part of the project. He said he will confer with staff about the species they are planting and the mix of varieties. Eastham asked Musser if he looked at whether the water run -off from the proposed additional pavement is within the design parameters of the existing storm water structures. Musser said it absolutely was. He said that 11,000 square feet is more than adequately covered with the original design basin that's built. Freerks closed public hearing. Thomas moved to recommend approval of REZ12 -00032 for rezoning to amend the Sensitive Areas Development Plan to allow a reduction in the previously approved wetland buffer on property located at 2845 Mormon Trek Boulevard with the condition that the lighting comply with the three - hundred foot residential buffer requirement. Eastham seconded. Eastham said he visited this site today and in terms of lighting, there's a huge elevation difference between parking lot for the dealership and some of the residences in the area, and he can understand the desirability of getting the light poles lower in height at least for the additional parking area and hopefully for the existing poles. He said the gist of this request is to reduce the required buffer area, and he's satisfied now after reading 2003 materials regarding wetland regulations and those of today that there's some sensibility in applying the 2003 regulations to this request. Eastham said in terms of the leeway he has to request or require some sort of trade off of benefits, he's usually happy to try to do that, but he's also aware that his first obligation is to try and conform to the Planning and Zoning Ordinance. He said in this situation the Ordinance gives the owner the right to obtain this buffer reduction because there's no indication that reducing the buffer will impact the existing or new wetland. He said the lighting requirement is one of the major things he's interested in. Freerks said for the future she would like the City to look into the areas around the edges of Iowa City and how it affects Johnson County. She said it's always good to look ahead and see how what they do now affects how it integrates into our community in the future. She said this application was a tough one because of the things that were supposed to happen that didn't and that can lead to sour feelings. She said it will be an improvement having the wetlands restored. She said she would hope that Billion will keep the empty lot as green space or as mitigation in the future. She said she will vote in favor of this project even though it is above the minimum, but just because there is a minimum that doesn't mean that it has to be the requirement to aim for. A vote was taken and the motion carried 7 -0. Freerks asked for a three minute break, after which the meeting was called to order. REZ13- 00001: Discussion of an application submitted by University of Iowa for a rezoning from Institutional Public (132) zone to Public/Medium Density Multifamily (P2 1RM -20) zone for approximately 27.8 acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356- 5243 ,w. ..�RE -00032I�; +, 9 ORDINANCE NO. _ AN ORDINANCE CONDITIONALLY REZONING AND AMENDING THE SENSITIVE -,AREAS DEVELOPMENT PLAN TO ALLOW A REDUCTION IN THE PREVIOUSLY APPROVED WETLAND BUFFER ON PROPERTY LOCATED AT 2845 MORMON TREK BOULE%�4RD. (REZ12 -00032) WHEREAS, the applicant, De er Properties IC, LLC, has requested rezoning to amend the Sensitive Areas Development Plan on prope located at 2845 Mormon Trek Boul ard; and WHEREAS, buffer averaging w s applied to provide additional pro ction to a wetlands located on the subject property in accordance with t Sensitive Areas Ordinance; an WHEREAS, the minimum buffer a ea required for this property is .56 acres; and WHEREAS, the applicant has re ested an adjustment to the Sensitive Areas Development Plan to reduce the overall size of the wetland bu er area from 4.46 acres to .14 acres; and WHEREAS, a Compensatory Mitig ion Plan for the prope was previously submitted to the Army Corps of Engineers and City and approve but was never implem ted; and WHEREAS, the previous owner sold a property to the a licant without having installed the wetland mitigation improvements stated in the C en; Ordinance; and WHEREAS, the Planning and Zoning Co that it complies with the Comprehensive Plan the mitigation improvement measures prior to mitigation plan also include a requirement for installed to minimize effects on adjacent residen WHEREAS, Iowa Code §414.5 (2013) p conditions on granting an applicant's rezonin g satisfy public needs caused by the requested WHEREAS, the owner and applicant has the terms and conditions of the Condition development in this area of the city. NOW, THEREFORE, BE IT ORD ED IOWA: in and as required by the Sensitive Areas mission has r viewed the proposed rezoning and determined rovided that ' meets conditions addressing the need to install any deve pment activity being permitted, that the wetland annu monitoring report, and lighting on the property be ti I pro erties; and ro 'd that the City of Iowa City may impose reasonable r uest, over and above existing regulations, in order to c n e; and ree that the property shall be developed in accordance with Zonin Agreement attached hereto to ensure appropriate BY THIN, CITY COUNCIL OF THE CITY OF IOWA CITY, SECTION I APPROVAL. Subjec o the Conditional Z ning Agreement attached hereto and incorporated herein, the Sensitive Are Develo ent Plan attached he to and incorporated herein is hereby amended to allow a reduction in the previously pDroved wetland buffer: Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance\With the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office, containing 7.13 acres and subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. Page 2 SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in e4ct after its final passage, approval and publication, as provided by lash Passed and approved this day of MAYOR ATTEST: CITY CLERK -4 0 �a Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ -000) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa. a municipal corporation (hereinafter "City "), and, Dealer Properties IC, LLC (hereinafter "Ownik). WHEREAS, Owr \r is the legal title holder of approximately 7.09 acres of property located at 2845 Mormon ek Boulevard; and WHEREAS, the Owrhpr has requested the rezoning q� said property to amend the Sensitive Areas Development flan; and / WHEREAS, the Planning an Zoning Commission has etermined that with appropriate conditions regarding the need t install mitigation imp? vement measures prior to any development activity being permitte and lighting on the operty being installed to minimize effects on adjacent residential prop rties the request zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (20 provides t at the City of Iowa City may impose reasonable conditions on granting an applic is rezo ng request, over and above existing regulations, in order to satisfy public needs cau d by th requested change; and WHEREAS, the Owner acknowledges tF reasonable to ensure the development of the prc Plan and the need for protection of environmentall adjacent residential development; and WHEREAS, the Owner agrees to develop this conditions of a Conditional Zoning Agreement. / NOW, THEREFORE, in consideration of agree as follows: 1. Dealer Properties IC LLC is the Outlot B, JJR Davis Addition, Ic Plat Book 55, at Page 39, in the 7.13 acres and subject to easer mutual rtain conditions and restrictions are is consistent with the Comprehensive ritive areas and to minimize erects on ,omis \inaccordance with the tqrms Oro ontained h64�.in, the partied title holder of the prop y legally described as: ty, Iowa, in accordance with he plat thereof recorded in ds of the Johnson County Re order's Office, containing and restrictions of record. 2. The Owner acknowledges t at the City wishes to ensure confor ance to the principles of the Comprehensive PI n and the Southwest District plan. Further, the parties acknowledge that Iowa We §414.5 (2013) provides that the Ci of Iowa City may impose reasonable con Itions on granting an applicant's rezoning request, over and above the existing rag ations, in order to satisfy public needs cause by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadm 1ag*ez12-00032 cza draft ordinance.doc 1 a. The applicant will be allowed to decrease the overall size of the wetland buffer as illustrated on the Sensitive Areas Development Plan attached hereto and by reference made part of this reement; b. The improvement shown on the "Wetland Seeding and Planting Plan" shall be installed prior to an development activity being permi d on Lot 2 of the D & D Billion Addition; and c. Existing and propose light fixtures on Lot 2 of th D & D Billion Addition that are located within 300 feet f Residentially Zoned pro rty, whether located within a City or County zoning district, ill be mounted no mor than 25 feet above grade prior to the establishment of the a itional vehicle displa area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City acknowledge hat the condi ons contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that ar caused b the requested zoning change. 5. The Owner and City acknowledge that i the vent the subject property is transferred, sold, redeveloped, or subdivided, all rede el ment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Co a covenant running with the land and and effect as a covenant with title to City of Iowa City. oning Agreement shall be deemed to be Ve land, and shall remain in full force ss or until released of record by the The parties further acknowledge tha his agreement hall inure to the benefit of and bind all successors, representatives, an assigns of the pa ies. 7. The Owner acknowledges that othing in this Conditio al Zoning Agreement shall be construed to relieve the Own or Applicant from com ying with all other applicable local, state, and federal regul ions. 8. The parties agree that thV Conditional Zoning Agreemen shall be incorporated by reference into the ordinan a rezoning the subject property, a d that upon adoption and publication of the ordina ce, this agreement shall be recorde in the Johnson County Recorder's Office at the pplicant's expense. Dated this day of CITY OF IOWA CITY Matthew Hayek, M Attest: Marian K. Karr, City Clerk ppdadm /agthez12.00032 =a draft ordinance.doc 2 2013. Dealer Properties IC, L By: By: is Approved by: City /-\ -s rdrricf _g 3 CITY OF IOWA CITY ACKNOWL GEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me and Marian K. Karr as Mayor and City Clerk, n Notary LIMITED LIABILITY COMPANY ACKNOWL STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2 and for the State of Iowa, personally apr ea n 2013 by Matthew Hayek of the City of Iowa City. 3, before me, the A personally known, who being by a duly swom, did sa (tit said limited liability company acknow act and deed of said limited liability _, and that said instrument was )y authority of its manac 3ed the execution of said instrurr pany by it voluntarily executed. ied, a Notary Public in ,tome that the person is Of •igned on behalf of the and the said ;n to be the voluntary Notary Public in and for the State of Iowa My commission expires: ppdadm /agVrez12 -00032 cm draft ordinance.doc 3 7f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00001) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC /MEDIUM- DENSITY MULTI - FAMILY (P- 2 /RM -20). (REZ13- 00001) WHEREAS, the applicant, the University of Iowa, has requested a rezoning of property located west of Mormon Trek Boulevard and north of Hawkeye Park Drive from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family (P- 2 /RM -20); and WHEREAS, the University of Iowa plans to lease the subject property to a private owner for construction of an apartment complex; and WHEREAS, the land will remain publicly -owned and thus retain the underlying P -2 zoning while the RM- 20 zoning would function as an overlay zoning; and ' WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of P -2 to P- 2 /RM -20: PROPERTY DESCRIPTION That part of the Northwest Quarter and that part of the Southwest Quarter of Section 8, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa described as follows: Commencing as a point of reference at the Northwest corner of said Northwest Quarter; thence North 89 057'04" East 2654.13 feet along the North line of said Northwest Quarter (assumed bearing for this description only) to the Northeast corner of said Northwest Quarter; thence South 0 020'28" West 1592.96 feet along the East line of said Northwest Quarter to a point of intersection with the Southwesterly, right -of -way line of the Iowa Interstate Railroad; thence North 56 °36'37" West 20.08 feet along said right -of -way line to a point of intersection with the Westerly right -of -way line of Mormon Trek Boulevard; thence Southwesterly 128.21 feet along said Westerly right -of -way and along the arc of a 862.00 foot radius curve concave Southeasterly (chord bearing South 30'11'48" West 128.10 feet) to a point of tangency; thence South 25 056'08" West 180.05 feet along said Westerly right -of -way; thence South 27 007'36" West 325.42 feet along said Westerly right -of -way to the point of beginning; thence continuing South 27 007'36" West 16.92 feet along said Westerly right -of -way to a point of curvature; thence Southwesterly 397.75 feet along said Westerly right -of -way and along the arc of a 541.00 foot radius curve concave Northwesterly (chord bearing South 48 011'22" West 388.86 feet) to a point of tangency; Ordinance No. Page 2 thence South 69 °15'08" West 303.00 feet along said Westerly right -of -way to a point of curvature; thence Southwesterly 331.66 feet along said Westerly right -of -way and along the arc of a 784.00 foot radius curve concave Southeasterly (chord bearing South 57 °07'59" West 329.20 feet) thence South 85 000'04" West 61.69 feet along said right -of -way line; thence North 53 °07'10" West 50.80 feet; thence North 26 031'14" West 359.76 feet; thence North 1 °16'02" East 479.81 feet; thence North 90 000'00" East 28.10 feet; thence North 0 °01'41" West 200.68 feet; thence North 21 019'38" East 318.96 feet; thence North 69 052'12" East 614.31 feet; thence South 57 °48'38" East 86.89 feet; thence South 19 040'52" East 479.50 feet; thence South 70 °19'08" West 53.85 feet; thence South 19 °40'52" East 144.37 feet; thence North 70 019'08" East 53.85 feet; thence South 19 °40'52" East 404.36 feet to the point of beginning and containing 27.81 acres more or less. 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 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 2013. IMAIM9] ATTEST: CITY CLERK Appr ved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration 4 / 2 3 / 2013 Vote for passage: AYES: Payne, Mims. NAYS: Nene. ABSENT: Second Consideration _ Vote for passage: Date published ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Throgmorton, Champion, Dickens, Dobyns, Hayek, None. 7� STAFF REPORT To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: REZ13 -00001 Hawkeye Court Date: February 21. 2013 GENERAL INFORMATION: Applicant: University of Iowa 4 Jessup Hall Iowa City, IA 52242 319- 335 -3500 Contact Person: Michael Muhlenbruch 2834 Northgate Drive Iowa City, IA 52245 319 -354 -3040 mmuhlenbruch @shive- hattery.com Requested Action: Rezoning from Institutional Public (P -2) to Institutional Public /Medium- Density Multi - Family Residential (P- 2 /RM -20) Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: To allow a private developer to construct and maintain an apartment complex on University -owned land. Mormon Trek Boulevard and Hawkeye Court 27.8 acres Multi- family residential, Institutional Public (P2) North: Iowa Interstate Railroad, Industrial and Commercial (Coralville) South: Public (P -2) East: Public (P -2) West: Public (P -2) Public January 29, 2013 March 15, 2013 The applicant, the University of Iowa, has requested rezoning of a 27.8 -acre property located at Mormon Trek Boulevard and Hawkeye Court from Institutional Public (P -2) to Institutional Public /Medium - Density Multi - Family Residential (P- 2 /RM -20). The rezoning would allow the property owner, the University of Iowa, to lease land to a private developer for the construction of an apartment complex. This land is currently being used for the Hawkeye Court Apartments, a 2 University -owned and managed student housing complex. UI students will be given first priority in leasing the new apartments, though it may be leased by others if space is available. The Zoning Code requires that the subject property be rezoned before the new private housing use is established. The new zoning would function as an overlay zone with the underlying zone retaining the P -2 designation because the University will continue to own the land. The complex features 15 two -story buildings containing 504 one- and two- bedroom units. A portion of the existing Hawkeye Court Apartments was damaged by flooding in 2008. The university plans to demolish the flood - damaged units and leave the flooded area as open space. The proposed development will be constructed in compliance with our flood plain regulations which require that structures be elevated at least 1foot above the flood hazard elevation. The applicant has indicated that they plan to use the "Good Neighbor Policy" and hold discussions with neighboring property owners. ANALYSIS: Current Zoning: P -2 zoning applies to public uses of land owned or otherwise controlled by state or federal government. Property zoned P -2 is not ordinarily subject to City development regulations, although some minimum guidelines apply. Thus, P -2 zoning mainly serves as a notice to those owning or purchasing land near publicly -owned land. Because the University will continue to own the land upon which this private development is constructed, the current P -2 zone will remain in effect. Proposed Zoning: The applicant proposes an overlay zone of RM -20. This zoning provides for medium - density multi - family housing and allows for a mix of detached and attached single - family housing, duplexes and multi - family housing. It is well- suited to sites adjacent to commercial areas with good access to City services and facilities. The existing Hawkeye Court Apartments (which are planned to be demolished) meet the dimensional requirements of the RM -20 zone. RM -20 zoning requires a minimum area per unit of 1,800 square feet for multi - family uses, which translates to up to 24 units per acre. The existing Hawkeye Court Apartments are developed at about 18 units per acre. It is anticipated that the new development will have similar density. Compliance with Comprehensive Plan: This property is located within the Northwest District of the Comprehensive Plan and is shown as public /semi - public on the land use map to acknowledge the University's ownership. The Comprehensive Plan states that the City and the University should work cooperatively in planning and developing projects to assure that mutual interests are addressed. The Plan refers to the University's West Campus Plan, which calls for relocation and establishment of various university facilities west of Mormon Trek Boulevard. The proposed development appears to comply with the Comprehensive Plan. Compatibility with neighborhood: A student housing complex has existed on this site for decades, and has proven to be compatible with the neighborhood. The area surrounding the subject property except on north is also zoned P -2. Finkbine Golf Course is located to the southeast, an Iowa Interstate Railroad line and industrial and commercial uses in Coralville to the north, recreational areas and university athletic fields to the west and east, and wooded area to the northwest. The property is located on Mormon Trek Boulevard, an arterial street, and has access to public transit, and pedestrian and bicycle trails. Given the proximity to amenities and university facilities, options for transportation and existing use of the property, staff believes the proposed rezoning would be compatible with the neighborhood and appropriate for multi - family housing. 3 Environmentally Sensitive Areas: A portion of the subject property falls within the 100 -year floodplain. The existing buildings will be removed from the floodplain and the area will be used as open space. The new multi - family development will be constructed outside of the floodplain and will comply with the City's floodplain regulations. Summary: The rezoning would allow the property owner, the University of Iowa, to lease the land to a private developer for redevelopment as a private multi - family use. As publicly -owned land, the underlying zone will remain P -2. The property has been used for student housing for a number of years. This use would continue but the buildings would be privately owned and managed. The property has good access to the arterial street network and is close to commercial areas, therefore it meets the purpose of the RM -20 zone. STAFF RECOMMENDATION: Staff recommends approval of REZ13- 00001, and application submitted by the University of Iowa to rezone a 27.8 -acre property located at Mormon Trek Boulevard and Hawkeye Court from Institutional Public (P -2) to Institutional Public /Medium - Density Multi - Family Residential (P -2 /RM- 20). ATTACHMENTS: Location Map Approved by: / - 'V"r' Robert Miklo, Senior Planner, Department of Planning and Community Development 1-"/ d CITY OF IOWA CITY 1 p f i f r UN/ l/E SITE LOCATION: Mormon Trek Blvd./ Hawkeye Ct. REZ13 -00001 Planning and Zoning Commission March 21, 2013 - Formal P ge 11 of 17 �17�Jrat�c usser said that the applicant was willing to lower all the poles within the 300 feet of the Coun re =tial zone and will make that a part of the project. He said he will conf/sser ut the Xdesign re planting and the mix of varieties. Easusser if he looked at whether the water run -off from the pal pavin the design parameters of the existing storm water structu it absHe said that 11,000 square fe et is more than adequately e origsin that's built. Freerks closed publ%recmmend Thomas m oved t approval of REZ12 -00032 for ezoning to amend the Sensitive Areas nt Plan to allow a reduction i the previously approved wetland buffer on ocated at 2845 Mormon Trek oulevard with the condition that the lighting comply with the three - hundred foot resid tial buffer requirement. Eastham seconded. Eastham said he visited this site today and in t s of lighting, there's a huge elevation difference between parking lot for the dealer ip a some of the residences in the area, and he can understand the desirability of getting the lig poles lower in height at least for the additional parking area and hopefully for the existing pol .,He said the gist of this request is to reduce the required buffer area, and he's satisfied n afte ,reading 2003 materials regarding wetland regulations and those of today that there' some sensibility in applying the 2003 regulations to this request. Eastham said in terms o the leeway he bas to request or require some sort of trade off of benefits, he's usually ppy to try to do that, but he's also aware that his first obligation is to try and conform to a Planning and Zoning",rdinance. He said in this situation the Ordinance gives the owne the right to obtain this buffiar reduction because there's no indication that reducing the b er will impact the existing or neV* wetland. He said the lighting requirement is one of the m or things he's interested in. �. Freerks said for the f re she would like the City to look into the are around the edges of Iowa City and how i ffects Johnson County. She said it's always good t look ahead and see how what they do ow affects how it integrates into our community in the ure. She said this application was tough one because of the things that were supposed to happ that didn't and that can lead sour feelings. She said it will be an improvement having the we nds restored. She said s would hope that Billion will keep the empty lot as green space or as itigation in the futur . She said she will vote in favor of this project even though it is above the inimum, but jus ecause there is a minimum that doesn't mean that it has to be the requireme to aim for. vote was taken and the motion carried 7 -0. Freerks asked for a three minute break, after which the meeting was called to order. REZ13- 00001: Discussion of an application submitted by University of Iowa for a rezoning from Institutional Public (P2) zone to Public /Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Planning and Zoning Commission March 21, 2013 - Formal Page 12 of 17 Miklo said that properties zoned as Public mean they are. owned by a government entity, and because it's Institutional Public it's exempt from most local zoning regulations. The proposal is to lease this property on a long -term basis to a private entity that would build multifamily housing on the property. He said staff feels this does meet the criteria for being zoned multifamily as it has good access to a major street and access to commercial goods and services in the area. He said it is also served by transit. He said it will continue to be surrounded by University -owned property and would not have an effect on an established residential neighborhood. Miklo said there are some environmentally sensitive issues with this property, as portions of it are in the floodplain. Miklo said staff recommends approval of this proposal. He showed the Commission photos of the area and said the existing buildings will be removed in two phases, and there will not be reconstruction in areas within the flood plain. Eastham asked if the City will receive property taxes from the buildings but not from the land. Miklo said that is the case. Eastham asked if the City will provide water, sewer, streets, public safety and bus service. Miklo responded that the University will still provide some of those services. Freerks opened public hearing. David Kieft of the University said that the facilities will be operated with University water, and because of the Cleary Act, the University police will continue to patrol that neighborhood. Martin asked if CAMBUS will still operate there. Kieft said it would, and the same services that are there now will continue to operate. He said it will still be graduate and married student housing. He said they are entering into a fifty -one year ground lease with the developers. Easthams asked if the developer would be able to rent some of the units to non - students. Kieft said that if by certain dates, a certain occupancy has not been reached by University students, then it is available to other students in the area, like Kirkwood students. He said subsequently, if more than ten percent occupancy exists after a certain date, rental can be offered to the general public. Eastham asked if the University would provide law enforcement services to all renters. Kieft said it will include the entire area, because the Cleary Act is linked to the land, not to who lives on it. Thomas asked how many units there are now and how many are in the redevelopment. Kieft replied that there will be an overall reduction in the number of units. He said the plan is to eliminate the current section used for graduate housing. Eastham asked if during phased development some of the units won't be available for occupancy. Kieft said there will be a reduction in housing during that phasing. Ridgley said Kieft hadn't exactly answered Eastham's question. She asked him how many units are there now and how many units will there ultimately be, and what is the time line of the phasing. Greenwood Hektoen said that in the staff report it states that the complex currently contains fifteen two -story buildings, with 504 one and two- bedroom units, although some of them were damaged in the flood. Kieft said if both phases were done the complex would go from what 587 units to 540. He said that would include Hawkeye Court and Hawkeye Drive. Freerks asked what the time frame is. Kieft said demo will begin on the first half of Hawkeye Court this summer for occupancy the following August, and it would be two years from now that the second phase of construction will begin. Planning and Zoning Commission March 21, 2013 - Formal Page 13 of 17 Eastham asked if current residents will be displaced during construction. Kieft said students are being accommodated at other locations and everyone's lease ends in May. Freerks closed public hearing. Eastham recommended approval of REZ13 -00001 an application submitted by University of Iowa for a rezoning from Institutional Public (122) zone to Public/Medium Density Multifamily (P2 /RM -20) zone for approximately 27.8 acres of property located west of Mormon Trek Boulevard, north of Hawkeye Park Drive. Swygard seconded. Eastham said this is an interesting approach to providing student housing. He said he is satisfied that the City is not committing itself to providing infrastructure support that it's not getting property taxes to cover. Freerks said it seems an equal trade -off in terms of use. She said it's interesting that the City will be getting taxes on the buildings. Swygard said she thinks the area is overdue for redevelopment. She said she hopes that the costs can be contained somewhat so that students renting the new buildings are not hit with a large jump in cost. A vote was taken and the motion carried 7 -0. Code Amendment Items Discussion of an amendment to Title 14: Zoning to define rooming house cooperatives as a type of Fraternal Group Living Use and to specify that Fraternal Group Living Uses are allowed by special exception in the RNS -20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses. Miklo said this came to the City's attention through a request by the River City Housing Cooperative. He said they have rooming houses in a Neighborhood Stabilization Medium Density (RNS -20) zone and would like to buy houses in the immediate area to expand their organization. He said the current zoning would not allow that because they are treated like rooming houses, which are not allowed in that zoning district, but fraternities and sororities are. He said after staff talked to the cooperative they believe that the applicants are much more like a fraternity or sorority than they are to rooming houses. He said staff feels that if they are going to expand this opportunity for group living, staff should look at the best way to accomplish that but still address the concerns about neighborhood stabilization. He said they thought the special exception process would be the best way to do that to allow review of these proposals. He said they are proposing amendments to bring these uses more in line in terms of density so that there are not incentives to establish these sorts of group homes over multifamily. He said staff is recommending Code amendments to treat cooperatives as group living in more of a fraternal format and require a special exception and a change in density from one unit per five - hundred square feet to one unit per nine - hundred square feet. From: brian.prugh @gmail.com on behalf of Brian Prugh <brian- prugh @uiowa.edu> Sent: Monday, April 15, 2013 9:16 PM To: PlanningZoningPublic Subject: Hawkeye Court and Mormon Trek Blvd Rezoning To Whom It May Concern I am writing regarding the proposed rezoning of Hawkeye Court. The apartments currently located on that site provide affordable housing to low- income students with dependents, graduate students, international students, and staff members. The proposed new development will eliminate that affordable housing, replacing it with market -rate housing ostensibly serving the same community —at 70% higher rents. I have argued to the University Administration and the Board of Regents that this is irresponsible and will cause significant hardship on a particularly cash- strapped group of graduate students. I would like to argue to the Zoning Commission that there are at least two hidden costs to the city in this proposal: (1) it will shift the cost of housing poor graduate students, especially those with dependents, onto the city's Section 8 housing program and (2) it will draw money out of the Iowa City community, siphoning it off in profits to Balfour Beatty Capital Group, Inc, a British corporation that amasses over $1.5 billion in profits annually. I will use my personal situation to describe the way that the re- zoning process would affect the city's affordable housing program: I hold a half -time Teaching Assistantship which pays $17,334 per year, and am married with two young children. As a resident and employee in Iowa City, I would qualify for Section 8 housing: but the rent for a Section 8 apartment, calculated at 30% of my income, is about the same as my rent at Hawkeye Court. In my case, the University is responsibly providing housing for this half -time Teaching Assistant, full -time student, and parent. If, during my stay here (I will graduate before the new apartments are opened), my current apartment was demolished and the University referred me to the new units, I would be forced to seek Section 8 housing in order to keep financially afloat: the new rents would probably be 70% or more higher than current rates (no rates have actually been set for the new apartments). In my case, the University would be passing off any responsibility it might have to house its poorer students onto the city, transferring the cost of housing those students (many of whom are student - employees and taxpayers themselves) from its balance sheet onto that of the taxpayers here. Secondly, it is worth noting that the current apartments are managed and maintained by Iowa City residents, some of whom have considerable experience in their positions and salaries appropriate to that experience. When the new apartments are constructed, these management positions will almost certainly be eliminated from the Iowa City community and economy, outsourced to Balfour Beatty's corporate headquarters elsewhere: they will almost certainly be replaced by lower -wage workers operating in lower- skilled positions. Stable jobs with the University of Iowa would be replaced by jobs with Balfour Beatty —a company that has been identified by Britain's Information Commissioner for violating privacy laws to blacklist construction workers, seeking profitable construction arrangements at the expense of legal business practices. Is this what Iowa City needs right now: to eliminate affordable housing for the University of Iowa's poorest graduate students? To eliminate good jobs with the University of Iowa that keep the income generated from the apartments within the city, and replace them with low- paying jobs that ship the profits generated from the apartments overseas? And to do this with a company that has abused privacy laws internationally? I believe that this is a request that the Zoning Commission should think twice about: in the zoning decision, Iowa City has the opportunity to tell the University of Iowa that it will not let it shirk its responsibility to house its low- income employees. That it will not let it pass off the cost of supporting these student - workers onto the municipality so that the University can replace its currently affordable apartments with better - looking ones. And that it will not let the University suck money out of the city's economy to allow a private company to build apartments that do not meet the University's building standards. If the Zoning Commission is not in a position to deny this request on these grounds, it should certainly factor the hidden costs of this redevelopment —both increases in social welfare costs, decreases in taxable income and the negative economic impact —into the tax assessment that is to be levied on this new, profitable housing development. Thank you for your consideration on this matter. Please feel free to contact me with any questions Sincerely, Brian Prugh P.S. For more information about the Regents' approval of the proposed redevelopment, please consult articles in The Daily Iowan and The Iowa City Press - Citizen. An article detailing Balfour Beatty's implication in blacklisting construction workers can be found in The Guardian. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ13- 00001) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 27.8 ACRES LOCATED WEST OF MORMON TREK BOULEVARD AND NORTH OF HAWKEYE PARK ROAD FROM INSTITUTIONAL PUBLIC (P -2) TO INSTITUTIONAL PUBLIC /MEDIUM - DENSITY MULTI - FAMILY (P- RM -20). (REZ13- 00001) WHEREAS, the applicant, the University of Iowa, has requeste a rezoning of property located west of Mormon Trek Boulevard and north of Hawkeye Park Drive from nstitutional Public (P -2) to Institutional Public /Medium - Density Multi - Family (P- 2 /RM -20); and WHEREAS, the Univ sity of Iowa plans to lease the subject pr perty to a private owner for construction of an apartment complex; and WHEREAS, the land ill remain publicly -owned and thus retai the underlying P -2 zoning while the RM- 20 zoning would function a an overlay zoning; and WHEREAS, the Pla ning and Zoning Commission has th reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT O AINED BY THE CITY COUNC OF THE CITY OF IOWAII�TY, IOWA: SECTION I APPROVAL. operty described below is ereby reclassified from its-- -turrent_zpning designation of P -2 to P- 2 /RM -20: =- PROPERTY DESCRIPTION That part of the Northwest Quarter Nand that part o the Southwes Township 79 North, Range 6 West of the 5th P.M., Iowa City, described as follows: Commencing as a point of reference at the thence North 89 057'04" East 2654.13 feet (assumed bearing for this description only) to t QuarteF f'$ecbon 8, ; Johnson Cbupty3owa ry corner of said Northwest Quarter; 5 the North line of said Northwest Quarter Northeast corner of said Northwest Quarter; thence South 0 020'28" West 1592.96 feet alo g t East line of said Northwest Quarter to a point of intersection with the Southwesterly rig t -of- y line of the Iowa Interstate Railroad; thence North 56 036'37" West 20.08 feet al g said rig t -of -way line to a point of intersection with the Westerly right -of -way line of Morm n Trek Boul ard; thence Southwesterly 128.21 feet along said Westerly ri ht- ofway and along the arc of a 862.00 foot radius curve concave South asterly (chord bea \�outh 30 °11'48" West 128.10 feet) to a point of tangency; thence South 25 °56'08" West 180.05 et along said Westeway; thence South 27 °07' 36" West 325. 2 feet along said We-of -way to the point of beginning; thence continuing South 27 007'36" West 16.92 feet along said Westerly rot -of -way to a point of curvature; thence Southwesterly 397.75 feet along said Westerly right -of -way and along the arc of a 541.00 foot radius curve concave Northwesterly (chord bearing South 48 011'22" West 388.86 feet) to a point of tangency; Ordinance No. Page 2 thence South 69 °15'08" West 303.00 feet along said Westerly right -of -way to a point of curvature; thence Southwesterly 331.66 feet along said Westerly right -of -way and along the arc of a 784.00 foot radius curve concave Southeasterly (chord bearing South 57 007'59" West 329.20 feet) thence South 85 °00'04" West 61.69 feet along said right -of -way line; thence North 53°07'11K West 50.80 feet; thence North 26 031'14" W6,st 359.76 feet; thence North 1 °16'02" East 479,.81 feet,- thence North 90 000'00" East 28.1 feet; thence North 0 001'41" West 200.68 fe t; thence North 21 019'38" East 318.96 feet; thence North 69 °52'12" East 614.31 feet; -_ thence South 57 °48'38" East 86.89 feet; thence South 19 040'52" East 479.50 feet; thence South 70 019'08" West 53.85 feet; thence South 19 040'52" East 144.37 feet; thence North 70 019'08" East 53.85 feet; thence South 19 040'52" East 404.36 feet to the oint of begi ning and containing 27.81 acres more or less. SECTION II. ZONING MAP. The Building I spector is hereby thorized and directed to change the zoning map of the City of Iowa City, Iowa, to co form to this amendm nt upon the final passage, approval and publication of this ordinance by law. City Clerk is hereby authorized and directed office of the County Recorder of Johnson Cc SECTION IV. REPEALER. All ordina Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any ection, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudic ion shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adj dged invalid or unconstitutional. is Ordinance shall be in effect after its final passage, approval and ORDING. Upon passage certify a copy of this ordinar nty, Iowa, at the owner's expe ,s and parts of ordinances in approval of the Ordinance, the and to record the same, at the e, all as provided by law. nflict with the provisions of this publication, as provided by law. MAYOR ATTEST: CITY CLERK Appr ved by 2 City Attorney's Office 7X-3 7g Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL DENSITY AND BICYCLE PARKING STANDARDS FOR SAID USES TO BE CONSISTENT WITH THE DENSITY AND PARKING STANDARDS FOR MULTI - FAMILY USES. WHEREAS, the City has adopted a strategic plan goal to stabilize central city neighborhoods by ensuring the higher density residential uses are designed in a manner and built to a residential density that is compatible with surrounding single family dwellings; and WHEREAS, to further the aforementioned strategic plan goal, the City Council adopted new residential density and parking standards for multi - family uses; and WHEREAS, according to the University of Iowa, participation in Greek life at the University is on the rise; and WHEREAS, Group Living Uses, such as rooming houses, fraternities, and sororities, due to the high density nature of these uses and the group activities and events that are typical of these uses, can have a de- stabilizing effect on. neighborhoods if not carefully designed and built to a density appropriate to the neighborhood context; and WHEREAS, it is appropriate to adopt residential density standards and bicycle parking standards for Group Living Uses that are similar to multi - family uses; WHEREAS, due to the unique nature of fraternal group living uses in that there are regular :scup. activities_ and _-events _that _ may, be disruptive-to other_ residential_ uses inthe surrounding neighborhood, it is appropriate for these types of uses to be more carefully considered on a case by case basis by the Board of Adjustment; WHEREAS, rooming house cooperatives, if formally organized as a non - profit entity where there is a formalized relationship between the members, and whose primary mission is to provide a cooperative living environment with shared responsibility for the quality of life within the rooming house, would more appropriately be categorized as "fraternal group living" rather than "independent group living "; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended 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. Add the following definition to Article 14 -9A, General Definitions: Rooming House Cooperative: A Fraternal Group Living Use that is organized as a non- profit entity and that is an active member of North American Students of Cooperation (NASCO) or one of its affiliates, whose primary mission is to provide a cooperative living environment for its members. Said use is governed by a board that is democratically elected by members of the cooperative, with all members and board members having as their primary residence a rooming unit governed by the cooperative. Ordinance No. Page 2 B. Delete paragraphs 14- 4A -3B -1 and 14- 4A -3B -2, and substitute in lieu thereof: 1. Characteristics Group Living uses are characterized by the residential occupancy of a dwelling by a group of people that do not meet the definition of a household or group household. The size of the group is typically larger in size than the average size of a family or household. Tenancy is arranged on a month -to -month basis, or for a longer period. Group Living structures contain individual rooming units with. private or shared bathroom facilities and may also contain shared kitchen facilities, and /or common dining and living areas for residents. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. 2. Examples Examples include uses from the three subgroups listed below. a. Assisted Group Living Group care facilities, including nursing and convalescent homes; assisted living facilities. b. Independent Group Living Rooming houses c. Fraternal Group Living Fraternities; sororities; monasteries; convents; rooming house cooperatives. C. Amend Table 213-1, Principal Uses Allowed in Multi - Family Residential Zones, to indicate that Fraternal Group Living -Uses are allowed only by Special Exception (S) rather than as a Provisional Use (PR) in the RNS -20 Zone. D. Delete paragraphs 14- 4B -4A -9 and 14- 4B- 4A -10, and substitute in lieu thereof: 9. Independent Group Living The maximum density and maximum occupancy standards for an Independent Group Living Use are as follows. Both density and occupancy limitations apply in all cases. a. Maximum Density (1) In the RM -20 Zone: 1 roomer per 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Independent Group Living Use. c. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. 10. Fraternal Group Living . The maximum density and maximum occupancy standards for a Fraternal Group Living Use are as follows. Both density and occupancy limitations apply in all cases. Ordinance No. Page 3 a. Maximum Density: (1) In the RM -20 and RNS -20 Zones: 1 roomer per 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Fraternal Group Living Use. c. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. d. Additional approval criteria for Special Exceptions The proposed use must be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The Board may prohibit certain aspects of a use or impose conditions or restrictions to mitigate any incompatibilities. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, location and design of buildings, establishment of a facilities management plan, and similar. E. Amend Table 5A -2, to indicate that the bicycle parking requirement for Independent Group Living Uses and Fraternal Group Living Uses is 50 %. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 day of , 2013. MAYOR ATTEST: CITY CLERK Approved by: Jw� City Attorney's Office y A.? Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/23/2013 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published u? City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code amendments for Group Living Uses Background Last year the City Council adopted new residential density and parking standards for multi- family uses to further the Strategic Plan goal of stabilizing neighborhoods, particularly older neighborhoods in the central part of the City where redevelopment pressure over the years has resulted in the conversion of a significant number of single family homes into duplexes, apartments, and rooming houses. While the recent zoning code amendments addressed density, occupancy, and parking concerns related to multi - family uses, they did not affect Group Living Uses, such as rooming houses, fraternities, and sororities. This inconsistency in allowed density and parking for multi - family versus group living uses is likely to have unintended consequences that may reduce the effectiveness of the City's neighborhood stabilization efforts. Staff believes that it is important to examine the standards for Group Living Uses to make sure any new rooming houses, fraternities and sororities are located and designed in a manner that is compatible with the surrounding neighborhood. Fraternal Group Living Uses are currently an allowed use in the Multi - Family Stabilization Zone (RNS -20 Zone), largely because many of the historic fraternity and sorority buildings in Iowa City are located in this zone. Since at the time the new Code was adopted in 2005, participation in Greek life at the UI was declining, there was not much concern about expansion and rather than make fraternities and sororities nonconforming uses in the RNS - 20 Zone, they were allowed to remain as provisional uses. On the other hand, Independent Group Living Uses were disallowed from the RNS -20 Zone in the 2005 Zoning Code re -write due to a concern that these types of uses had a higher propensity to become problem properties that would have a de- stabilizing effect on older neighborhoods. Many of the independent rooming houses operate as short term boarding houses where individuals who have no formal relationship with or responsibility toward one another rent rooms from the property owner who lives off -site. Bathrooms and kitchen facilities are often shared. Other than density and occupancy standards, there are few other standards or restrictions for either Independent or Fraternal Group Living Uses. It has recently come to our attention, however, that participation in Greek life at the UI is on the upswing. The numbers in the Greek system are near a twenty -five year high and University officials noted a potential long -term trend of a Greek resurgence on campus. Also, in 2011 the University created rules that hold each fraternity and sorority chapter accountable for individual member's citations and arrests. Since that policy has been put into place the ratio of Greek arrests and citations compared to all other students at the UI has decreased significantly (see attached). Staff has also received an inquiry about a related issue. A representative of the River City Housing Collective (RCHC) met with staff to discuss the possibilities for expansion. Currently the RCHC owns three rooming houses, all of which are located in the RNS -20 Page 2 Zone within walking distance of downtown Iowa City and the UI campus. As the zoning code is currently written, the rooming houses owned by RCHC are categorized as Independent Group Living Uses. Since Independent Group Living Uses are not allowed in the RNS -20 Zone, all of their current rooming houses are considered nonconforming uses that cannot be expanded. The RCHC would like the opportunity to expand their existing rooming houses and /or buy new properties for expansion. Due to the cooperative nature of their organization, it is important to RCHC that each of their rooming houses is located within walking distance of the others. The current zoning restrictions for Independent Group Living Uses makes it nearly impossible for the RCHC to expand. Discussion of Solutions One possible solution for cooperatives like the RCHC is to establish a specific definition for a "rooming house cooperative" and categorize them as a Fraternal Group Living Use rather than an Independent Group Living Use. Similar to other Fraternal Group Living Uses, a rooming house cooperative like RCHC has a formalized relationship between its members. The residents in the homes owned by RCHC work together to maintain the residence; they cook and dine together, have group meetings, a democratically elected board, and all of the members, including the board members have as their primary residence a rooming unit within one of the homes owned by the co -op (see attached excerpt from the RCHC website). This cooperative relationship and interest among members in creating a quality living environment for current and future members provides more assurance that these types of group living uses will have a stabilizing versus de- stabilizing effect on the surrounding neighborhood. Given the upward trend in the Greek system at the UI and the desire for responsible cooperatives like RCHC to expand, staff recommends making changes to the regulations for Group Living Uses. While staff is in support of allowing for some expansion, we recommend changing Fraternal Group Living Uses from provisional uses to special exceptions in the RNS -20 Zone to provide greater scrutiny of the location, site layout and design of these larger buildings to make sure they fit into the neighborhood. In addition, staff recommends changing the density standards to be consistent with the recent changes to the standards for multi - family uses. Under the new density formula, the maximum number of roomers allowed in a Group Living Use would be the same as the number of bedrooms allowed in a multi- family building for the same size property. Bicycle parking requirements would also be increased to match that of what is expected for apartment buildings. Recommendation Staff recommends amending the Zoning Code as indicated on the following pages. New language is underlined. Language to be deleted is indicated with strike - through notation. Approved by: a �"+`'/'l✓�. -� Robert Miklo, Senior Planner Department of Planning and Community Development o � 3 c7 o o c Li C � N O N O � y O N in �j..l Q O v y = u N p/�y O N v = N O O Q OB N w FA V C CL C d M G� O V O w v.� O y � to u O tf1 O N tf) O � N N V � O O y N � O a+ 0 I� Li About Us - River City Housing Collective rY River City r, R Housing Collective Search this site Page 1 of 3 Welcome! For Prospective Members Contact RCHC Co -op Infoshop Alumni Member Login Board of Directors Welcome Welcome! About Us Vision Statement Co -op History and Principles Contact RCHC The Community Announcements Who we are River City Housing Collective (RCHC) is an independent non - profit corporation. RCHC was formed in 1977 by some people from the University of Iowa's Student Senate as a response to the high prices and low availability of housing in Iowa City at the time. For Prospective Currently we own three houses, Anomy, Summit, and Members Bloom County, all of which are approximately 6 blocks Prospect Request Form j from downtown. Between these three houses, we Membership Forms maintain about 36 members. Co -op Policies The Houses Anomy House Bloom County House Summit House Member Resources Member Login Calendar Alumni Recent site activity Our goal is to provide quality housing for students and community members at a cost below that of the Iowa City market average. Quality housing includes good maintenance, caring landlords (ourselves), and a healthy social environment. How we work Cooperatives work because we work together. RCHC keeps our costs low by requiring each member of the collective to do a minimum of sixteen hours of work per month. Eight hours of the work are for the organization and the remaining eight are for the member's specific house. Collective hours include renovation, committee work and Board of Directors meetings. House hours include cleaning, cooking, and https:Hsites.google.com/ site /rivercityhousingcollective /about -us 3/14/2013 About Us - River City Housing Collective Page 2 of 3 house meetings. Sixteen hours per month averages out to about 30 minutes per day. Community More important than the economical aspects of co -op living are its advantages as a social and learning experience. Members learn management, cooking, maintenance, and communication skills as well as a sense of living in community /cooperation with a variety of other people. The strengths of cooperative living come from the cooperative philosophy itself: individuals coming together to have more control over their economic and social environments. Members provide the ideas, guidance, support, and energy to make it work. In the co -op, one finds many diverse backgrounds, ages, interests, nationalities, and lifestyles drawn together into a community that promotes friendships, greater understanding of others, and an exchange of knowledge. People often join the co -op for the economy, but stay in the co -op for the community. Membership Membership in RCHC requires payment of a non- refundable one -time membership fee, which goes to the North American Students of Cooperation ( NASCO). Through our membership in NASCO, RCHC is linked to a multitude of housing, food, and other co -ops throughout the U.S. and Canada. NASCO is a great source of information for our co -op and being a part of this network is very useful since it allows the sharing of ideas and resources amongst different co -ops. Meats Each house buys food as a unit, saving money with quality and quantity purchases. Communal meals are served on a regular basis as each member cooks twice per month. The houses strive to accommodate the dietary needs and preferences of all their members when buying food and cooking meals. https:Hsites.google.com/ site /rivercityhousingcollective /about -us 3/14/2013 About Us - River City Housing Collective Rent Page 3 of 3 RCHC's rents vary, depending upon room size and on such factors as closet space, ceiling heights, outside entrances, bathrooms, and fireplaces. Nevertheless, our rents run at 80% of local market averages. Upon signing a room and membership contract, we require a security deposit of $300. This deposit will be refunded, minus any outstanding debt and compensation for room damage, upon your exit from RCHC. Equal Opportunity River City Housing Collective is open to all people regardless of race, creed, color, age, gender, disability, or affectual orientation. RCHC is committed to the elimination of racism, sexism, ageism, homophobia, and any other system of discrimination which denies any person the right to equal consideration based upon their individual character. Sign in I Report Abuse Print Page I Remove Access ! Powered By Google Sites https:Hsites.google.com/ site /rivercityhousingcollective /about -us 3/14/2013 Add the following definition to Article 14 -9A, General Definitions: Roomina house Cooperative: A Fraternal Group Living Use that is organized as a non - profit entity that is an active member of North American Students of Cooperation (NASCO) or one of its affiliates whose primary mission is to provide a cooperative living environment for its members Said use is governed by a board that is democratically elected by members of the cooperative with all members and board members having as their primary residence a rooming unit governed by the cooperative. Amend Subsection 14- 4A -38, as follows: A. Group Living Uses 1. Characteristics Group Living uses are characterized by the residential occupancy of a dwelling by a group of people that do not meet the definition of a household or group household. The size of the group is typically larger in size than the average size of a family or household. Tenancy is arranged on a month -to -month basis, or for a longer period. Group Living structures contain individual rooming units with private or shared bathroom facilities and may also contain shared kitchen facilities, and /or common dining and Meeting living areas for residents. The residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. 2. Examples Examples include uses from the three subgroups listed below. a. Assisted Group Living Group care facilities, including nursing and convalescent homes; assisted living facilities. b. Independent Group Living Rooming houses; Feeming heuse eeepeFatives. C. Fraternal Group Living Fraternities; sororities; monasteries; convents; rooming house cooperatives. 3. Accessory Uses Recreational facilities; meeting rooms; associated offices; food preparation and dining facilities; off - street parking for vehicles of the occupants and staff; storage facilities; off- street loading areas. 4. Exceptions a. Uses such as hotels, motels, and guest houses, which by definition may arrange tenancy for periods shorter than one month, are not considered residential. They are considered a form of temporary lodging and are classified as Hospitality- Oriented Retail. b. Family care homes, elder group homes, and elder family homes are considered Group Households and are classified as Household Living Uses. C. Transient housing, which by definition arranges tenancy for periods shorter than one month, is not considered residential. It is considered a form of temporary lodging or shelter and is classified as Community Service - Shelter. d. Alternatives to incarceration, such as halfway houses, where residents are placed in the facility by court order and are under supervision of employees or contractees of the Department of Corrections, are classified as Detention Facilities. Amend Table 213-1, Principal Uses Allowed in Multi - Family Residential Zones, to indicate that Fraternal Group Living Uses are allowed by Special Exception rather than as a Provisional Use in the RNS -20 Zone. Table 2113-1 - Principal Uses Allowed in Multi- Family Residential Zones ; USE CATEGORIES ISUBGROUPS I RM -12 I RM -20 I RNS -20 I RM-44 I PRM Residential Uses Household Living Uses Detached Single Family Dwellings P P P S S Detached Zero Lot Line Dwellings PR PR PR S S Attached Single Family Dwellings PR PR PR PR PR Duplexes PR PR PR PR PR Group Households PR PR PR PR PR Multi-family Dwellings P P I P P I P Group Living Uses Assisted Group Living S PR PR PR PR Independent Group Living PR PR PR PR Fraternal Group Living PR PR PR commerciai uses Retail Uses Sales- oriented S S S S S Personal Service - oriented S S S S S Repair-oriented PR PR PR PR Hospital it - Oriented Retail Educational Facilities General PR PR PR Outdoor Storage and Display - oriented PR Specialized Alcohol Sales- Oriented PR Parks and Open Space Uses PR PR Institutional And Civic Uses Community Service Uses General Community Service S S S S S Community Service - Shelter S S S S S Daycare Uses PR PR PR PR PR Educational Facilities General PR PR PR PR PR Specialized PR Parks and Open Space Uses PR PR PR PR PR Religious /Private Group Assembly Uses'- PR PR PR PR PR Other Uses Communication Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception (See 14 -46 for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subject to the Use Classification process as set forth in14- 4A -2G. Amend paragraph 14- 48- 4A -10, as follows: 9. Independent Group Living The maximum density and maximum occupancy standards for an Independent Group Living Use are as follows. Both density and occupancy limitations apply in all cases. a. Maximum Density (1) In the RM -20 Zone: 1 roomer per 550 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 390 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Independent Group Living Use. C. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants may shall have access to a eeFnmunal kitehen kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. 10. Fraternal Group Living The maximum density and maximum occupancy standards for a Fraternal Group Living Use are as follows. Both density and occupancy limitations apply in all cases. a. Maximum Density: (1) In the RM -20 and RNS -20 Zones: 1 roomer per 550 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 390 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Fraternal Group Living Use. C. Facilities The Group Living Use must have bath and toilet facilities available for use by roomers in such numbers as specified in Title 17, Building and Housing. In addition, the occupants may shall have access to kitchen facilities, a dining room, and other shared living spaces and common facilities related to the use. d. Additional approval criteria for Special Exceptions The proposed use must be designed to be compatible with adjacent uses The Board of Adjustment will consider aspects of the proposed use such as the location, site size, types of accessory uses, anticipated traff=ic, building scale setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood The Board may prohibit certain aspects of a use or impose conditions or restrictions to mitigate any incompatibilities. These conditions or restrictions may include but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, location and design of buildings, establishment of a facilities management plan, and similar. Amend Table 5A -2, by inserting new parking requirements for Group Living Uses, as follows: Group Living Assisted Group Living 1 space for every 3 beds plus 1 space for each staff None member determined by the maximum number of staff required present at any one time. Independent Group Living 1 space per 300 sq. ft, of floor area or 0.75 spaces per resident, whichever is less. 25-0/6-50% Fraternal Group Living 1 space per 300 sq. ft. of floor area or 0.75 spaces per resident, whichever is less. 25-0/6-50% Planning and Zoning Commission March 21, 2013 - Formal Page 13 of 17 ,pro✓ed- by P* Z #111113 ham asked if current residents will be displaced during construction. Kieft said students being commodated at other locations and everyone's lease ends in May. / Freerks close blic hearing. Eastham recomm ded approval of REZ13 -00001 an application subm' d by University of Iowa for a rezorn from Institutional Public (P2) zone to P ic/Medium Density Multifamily (P2 /RM -20) zo for approximately 27.8 acres of operty located west of Mormon Trek Boulevard, nort f Hawkeye Park Drive. Swygard seconded. Eastham said this is an interesting approac roviding student housing. He said he is satisfied that the City is not committing ' elf to pro ' ing infrastructure support that it's not getting property taxes to cover. Freerks said it seems an eq trade -off in terms of use. She sai 's interesting that the City will be getting taxes on t uildings. Swygard said s inks the area is overdue for redevelopment. She said she es that the costs can b ontained somewhat so that students renting the new buildings are no it with a large ju in cost. ote was taken and the motion carried 7 -0. Code Amendment Items Discussion of an amendment to Title 14: Zoning to define rooming house cooperatives as a type of Fraternal Group Living Use and to specify that Fraternal Group Living Uses are allowed by special exception in the RNS -20 Zone and to modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses. Miklo said this came to the City's attention through a request by the River City Housing Cooperative. He said they have rooming houses in a Neighborhood Stabilization Medium Density (RNS -20) zone and would like to buy houses in the immediate area to expand their organization. He said the current zoning would not allow that because they are treated like rooming houses, which are not allowed in that zoning district, but fraternities and sororities are. He said after staff talked to the cooperative they believe that the applicants are much more like a fraternity or sorority than they are to rooming houses. He said staff feels that if they are going to expand this opportunity for group living, staff should look at the best way to accomplish that but still address the concerns about neighborhood stabilization. He said they thought the special exception process would be the best way to do that to allow review of these proposals. He said they are proposing amendments to bring these uses more in line in terms of density so that there are not incentives to establish these sorts of group homes over multifamily. He said staff is recommending Code amendments to treat cooperatives as group living in more of a fraternal format and require a special exception and a change in density from one unit per five - hundred square feet to one unit per nine - hundred square feet. Planning and Zoning Commission March 21, 2013 - Formal Page 14 of 17 Eastham asked what happens if these groups meet the requirement for a time but then cease to do so. Miklo said if they didn't meet the special exception, the building would have to revert to an allowed use in the zone Freerks opened public hearing. Justin Mulford of 2177 Dempster Drive, Coralville, said he is currently working on building a new fraternity building for Sigma Phi. He said the Code amendments to the density are going to take the fraternity from a possible twenty -one residents to thirteen and make every fraternity and sorority non - conforming. Freerks asked what the square footage of the lot is. Mulford said it's 12,000 square feet. Freerks said that most fraternities and sororities have much larger lot areas, which will change the density. Miklo said most of the Greek organizations are already nonconforming. Mulford said changing the density is not going to allow for any new fraternities or sororities to start up. Martha Wichert of East College Street said she lives in the neighborhood of the proposed fraternity. She asked if there are any rules about green space. Freerks said that comes up often, and that is a small part of the reason that some of these density changes came about in the first place. She said the City is looking for a way to have those areas closer in where there are older homes that were never intended to be redeveloped lot line to lot line. Freerks said there could be a fraternity at Mulford's site, but he would need a bigger lot to accommodate it. Dan Rothje of the River City Housing Collective said it's important in order to maintain a sense of community to have all their properties located in the same area. Mike Wright of 225 Lucas Street said this proposal would not only bring everything into line city- wide, but also reduce the possibility of something coming up in an RNS -20 that's incompatible to a lower density zone that is immediately adjacent to it. He said the Northside Neighborhood Association thinks this amendment is a good idea. Mulford had questions about density and size and open space. Miklo said in terms of open space there has been some dissatisfaction with the setback standards in these neighborhoods, and there isn't a minimum open space requirement, just requirements for front, back and side yard requirement. He said this is a big issue that is on the Commission's list of things to look into. Greenwood Hektoen said the density also affects the number of parking spaces you can have on the lot so if there's less density, there will be less parking, maybe providing the opportunity for more green space. Thomas said because it is group living with fewer occupants, perhaps that could lend itself to the development of outdoor, usable space. Freerks said to Mulford that perhaps this small lot isn't best served to have that type of occupancy. Freerks closed public hearing. Weitzel moved to recommend approval of amendment to Title 14: Zoning to define rooming house cooperatives as a type of Fraternal Group Living Use and to specify that Fraternal Group Living Uses are allowed by special exception in the RNS -20 Zone and to Planning and Zoning Commission March 21, 2013 - Formal Page 15 of 17 modify the residential density and parking standards for said uses to be consistent with the density and parking standards for multi - family uses. Thomas seconded. Eastham asked Miklo to repeat the rationale for changing the density from 500 to 900 square feet in the RNS -20. Miklo said the City previously based density on the number of bedrooms and made adjustments in the Code to base it on bedrooms versus unit, and this would bring it in line with those formulas to make them the same. Freerks said it seems like a loophole that definitely needs taken care of. She said she hopes that the housing cooperative can continue to live within the neighborhood. She said she thinks their homes blend in well. A vote was taken and the motion carried 7 -0. Discussion of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Miklo said as buildings become denser there is more demand for fitting parking on to sites, with the result of less green space, one of the neighborhoods concerns. He showed pictures of examples of what happens when you fill the first level of the building with parking and then elevate the residential. He said it removes the building from the street and makes it difficult to provide access for people with disabilities and results in changes in grade as you go up and down a street. He said the idea for this amendment would require that you have a lobby or entrance at grade to make it more accessible but also make it fit into the neighborhood and be more of a human scale. Thomas said he had concerns with the three foot in elevation from an accessible ramp standpoint. Miklo said that's a standard dimension that's used in form -based codes to elevate the first floor above the street to provide some privacy from the street, but the lobby entrance could still be at grade, but this would set a maximum standard. Freerks opened public hearing. Freerks closed public hearing. Weitzel moved to recommend approval of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Swygard seconded. Freerks said this is something that needs to be addressed. Dyer said in this building example that Miklo showed them, the elevation is determined because it's in the floodplain. Miklo responded that there were other ways to achieve it. Freerks said a new tendency is to berm up a building for parking. Miklo said as noted in the Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, TO DEFINE ROOMING HOUSE COOPERATIVES AS A TYPE OF FRATERNAL GROUP LIVING USE AND TO SPECIFY THAT FRATERNAL GROUP LIVING USES ARE ALLOWED BY SPECIAL EXCEPTION IN THE RNS -20 ZONE AND TO MODIFY THE RESIDENTIAL D NSITY AND BICYCLE PARKING STANDARDS FOR SAID USES TO BE CONSIS7abili NT WITH THE DENSITY AND PARKING STANDARD FOR MULTI - FAMILY USES. WHEREAS, the City as adopted a strategic plan g/neda a central city neighborhoods by ensuring the higher de ity residential uses are desiga anner and built to a residential density that is compatible wi surrounding single family s and WHEREAS, to further th aforementioned strategic al, the City Council adopted new residential density and parking tandards for multi - family nd WHEREAS, according to th University of Iowa, parn in Greek life at the University is on the rise; and WHEREAS, Group Living Use such as rooming ,h fraternities, and sororities, due to the high density nature of these use and the group qc ' d events that are typical of these uses, can have a de- stabilizing effec on neighborho ds if not carefully designed and built to a density appropriate to the neighborhoo ontext; and WHEREAS, it is appropriate to a pt resi tial density standards and bicycle parking standards for Group Living Uses that are s ilar to ulti- family uses; WHEREAS, due to the unique nature fra rnal group living uses in that there are regular -pup activities and events that may be dis tive to other residential uses in the surrounding neighborhood, it is appropriate for these type f uses to be more carefully considered on a case by case basis by the Board of Adjustment; WHEREAS, rooming house cooperativ s, if ormally organized as a non -profit entity where there is a formalized relationship betwee he me ers, and whose primary mission is to provide a cooperative living environment with sh red respon ibility for the quality of life within the rooming house, would more appropriately categorize as "fraternal group living" rather than "independent group living "; and WHEREAS, the Planning a Zoning Commis 'on has reviewed this ordinance and recommended approval. NOW, THEREFORE, B IT ORDAINED BY THE CIT COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The C e of Ordinances of the City of low City, Iowa is hereby amended as follows: A. Add the folio Ing definition to Article 14 -9A, General Defi 'tions: Rooming Ho se Cooperative: A Fraternal Group Living U that is organized as a non- profit entity nd that is an active member of North Americ Students of `operation (NASCO) one of its affiliates, whose primary mission is to rovide cOoop tive Imn. g environme t for its members. Said use is governed by a board that is derei©&aticaOly elq ted by mem rs of the cooperative, with all members and board member; ,� avinn as :ttt15 ir primary esidence a rooming unit governed by the cooperative. ` Ordinance No. Page 2 B. Delete paragraphs 14- 4A -313-1 and 144A -313-2, and substitute in lieu thereof: 1. Characteristics Group Living uses are characterized by the residential occupancy of a dwelling by a group of people that do not meet the definition of a household or group household. The size of the group is typically larger in size than the average size of a family or househ . Tenancy is arranged on a month -to -month basis, or for a longer period. Group Liv g structures contain individual rooming units with private or shared bathroom f ilities and may also contain shared kitchen facilities, and /or common dining and live g areas for residents. The residents m y or may not receive any combination of re, training, or treatment, but thos receiving such services must reside at the site. 2. Examples Examples include u s a. Assisted Group Group care faciliti facilities. from the three subgrou listed below. r_, iving P- including nursing d convalescent homes: agsis`t living b. Independent Group L'vin Rooming houses c. Fraternal Group Living Fraternities; sororities; mon convents; rooming house coop i- er&ves. C. Amend Table 213-1, Principal Uses Allo in Multi - Family Residential Zones, to indicate that Fraternal Group Living Uses are allo a only by Special Exception (S) rather than as a Provisional Use (PR) in the RNS -20 Zo e. D. Delete paragraphs 14- 4B -4A -9 and - 46- 4A -10, nd substitute in lieu thereof: 9. Independent Group Living The maximum density and aximum occupanc standards for an Independent Group Living Use are as fol ws. Both density an occupancy limitations apply in all cases. a. Maximum (1) In the RM -2ffJ Zone: 1 roomer per 900 square \feet of lot area. (2) In the RM 4 and PRM Zones: 1 roomer per 5 square feet of lot area. b. Maximum O upancy 1 roomer pe 300 square feet of floor area within the I ependent Group Living Use. c. Facilities The Gro Living Use must have bath and toilet facilities a ilable for use by roomer in such numbers as specified in Title 17, Building a d Housing. In additio , the occupants shall have access to kitchen facilities, a dining room, and o, er shared living spaces and common facilities related to the use. 10. Fraternal Group Living The maximum density and maximum occupancy standards for a Fraternal Group Living Use are as follows. Both density and occupancy limitations apply in all cases. Ordinance No. Page 3 a. Maximum Density: (1) In the RM -20 and RNS -20 Zones: 1 roomer per 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 500 square feet of lot area. b. Maximum Occupancy 1 roomer per 300 square feet of floor area within the Fraternal Group Living Use. , c. Facilities The Group Living se must have bath and toilet acilities available for use by roomers in such n tiers as specified in Title 1 , Building and Housing. In addition, the occupa is shall have access to k' then facilities, a dining room, and other shared livin spaces and common cilities related to the use. d. Additional approval c 'teria for Special xceptions The proposed use must b designed to b compatible with adjacent uses. The Board of Adjustment will nsic location, site size, types of cc setbacks, landscaping and am L use is compatible with other r may prohibit certain aspects of mitigate any incompatibilities. TI are not limited to, additional setbacks, location and design buildings, establishment of a faci, ler aspe of the proposed use, such as the �ssory ses, anticipated traffic, building scale, nt of ved areas to ensure that the proposed -iden al uses in the neighborhood. The Board u e or impose conditions or restrictions to ie conditions or restrictions may include, but s r ening, landscaping, pedestrian facilities, p rking facilities, location and design of ties m nagement plan, and similar. E. Amend Table 5A -2, to indicate that the Ocycle parking requirement for Independent Group Living Uses and Fraternal Group Living ses is 50 %. SECTION II. REPEALER. All ordin sions of this Ordinance are hereby repeal SECTION III. SEVERABILITY. If adjudged to be invalid or unconstitutio Ordinance as a whole or any section, r tutional. t es and parts of ord\nota in conflict with the provi- y section, provision oof the Ordinance shall be such adjudication s affect the validity of the iision or part thereof udged invalid or unconsti- SECTION IV. EFFECTIVE DA Pdby This Ordinance shall be in effec'# after its final passage, approval and publication, as provid law. Passed and approved this day of , 2013. a MAYOR -> - ATTEST: o =� CITY CLERK - Approved by: �J City Attorney's Office 7h Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, TO ESTABLISH PARKING LOCATION STANDARDS AND ENTRANCEWAY STANDARDS THAT WIL REDUCE THE VISUAL IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL STREETS IN MULTI- FAMILY ZONES. WHEREAS, the City has adopted a strategic plan goal to stabilize central city neighborhoods by ensuring the higher density residential uses, such as multi - family uses and group living uses, are designed in a manner that is consistent with the character and scale of other residential uses in the surrounding neighborhood; and WHEREAS, the zoning code contains parking location standards in the City's more urban commercial zones that ensure that at a minimum the first 30 feet of building depth on the ground level floor of a building is reserved for principal uses and surface and structured parking is not allowed in this area. This standard ensures a more active street frontage that is comfortable, safe, and attractive for pedestrian and good for storefront businesses; and WHEREAS, in contrast to the parking setback standard required in urban commercial zones, structured parking within multi - family and group living buildings must be enclosed within the building walls, but is allowed on the ground level floor of the building right up to the front building wall; WHEREAS, in recent years as multi - family residential areas are becoming more urban in character, there has been a proliferation of multi - family buildings constructed with parking on the ground level floor with apartments above; WHEREAS, elevating the living area above the parking level has resulted in exterior stoops that are out of proportion to the height of the building and out of scale with other residential buildings in the neighborhood, made handicapped accessible entrances more difficult to achieve, and created a street frontage that is uncomfortable and unattractive for pedestrians; and WHEREAS, adopting a minimum setback for structured parking and establishing a maximum height for residential stoops will help to alleviate the aforementioned issues; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended 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- 5A -5F -1, and substitute in lieu thereof: 1. In Multi - Family Zones and in the CN -1, C13-2, C13-5, and the MU Zones the ground -level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located with the exterior walls of the building must meet the following standards: a. In the CN -1, C13-2, C13-5, and MU Zones, structured parking is not permitted on the ground -level floor of the building for the first 30 feet of lot depth as measured from the minimum setback line. In the CN -1 Zone it is measured from the "build - to" line. b. In Multi - Family Zones, structured parking is not permitted on the ground -level floor of the building for the first 15 feet of building depth as measured from the street - facing building wall. On lots with more than one street frontage this parking setback must be met along each street frontage, unless reduced or waived by Ordinance No. Page 2 minor modification. When considering a minor modification request, the City will consider factors such as street classification, building orientation, location of primary entrance(s) to the building, and unique site constraints such as locations where the residential building space must be elevated above the floodplain. c. In the CN -1, CB -2, CB -5, and MU Zones, the ceiling height of any underground parking may extend no more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement by minor modification. 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 4 feet above the level of the abutting public sidewalk or pedestrian plaza at any point .along a street - facing building fagade. d. In Multi - Family Zones, the floor height at any street - facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk. Any underground parking may not extend above grade in a manner that prevents street - facing building entrances from meeting this standard, except as allowed by minor modification due to unique site characteristics, such as locations where the residential building space must be elevated above a floodplain. B. Add a new paragraph 4 to subsection 14 -5A -5F as follows, and re- number subsequent paragraphs accordingly: 4. Parking spaces within the structure must be perpendicular to parking aisles. However, angled parking or parallel parking configurations may be allowed if parking aisles are one -way. C. Add a new paragraph 7 to subsection 14 -2B -6D as follows, and renumber subsequent paragraphs accordingly: 7. The floor height at any street - facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk or pedestrian plaza. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 day of , 2013. MAYOR ATTEST: CITY CLERK Approved by: - /)" A.,22!w� City Attorney's Office tf �3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/23/2013 Vote for passage: AYES: Throgmorton. NAYS: Second Consideration _ Vote for passage: Date published that the Champion, Dickens, Dobyns, Hayek, Mims, Payne, None. ABSENT: None. �fZ City of Iowa City MEMORANDUM Date: March 21, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Structured parking standards and entranceway height standards for Multi - Family and Group Living Uses Background The zoning code has parking location standards in the City's more urban commercial zones that ensure that at a minimum the first 30 feet of building depth on the ground level floor of a building is reserved for commercial uses. Surface and structured parking is not allowed in this area. This standard ensures a more active street frontage that is comfortable and attractive for pedestrians and good for storefront businesses. For multi - family and group living uses, structured parking must be enclosed within the building walls, but is allowed on the ground level floor of the building right up to the front building wall. In recent years, there has been a proliferation of multi - family buildings constructed with parking on the ground level floor with apartments above. Not only has this resulted in exterior stoops that seem out of proportion to the height of the building and made handicapped accessible entrances more difficult to achieve, it has created an unattractive and uncomfortable environment for pedestrians as one has to walk past garage walls with faux windows rather than past attractive residential building frontages. Discussion of Solutions To remedy this situation staff recommends adopting a parking setback requirement in multi- family zones that is similar to the standard in commercial zones. It is not necessary, however, to require a setback of 30 feet for residential uses, because lobby areas and other residential use can be established in a smaller area than is the case for commercial storefront bays. Instead, staff recommends that structured parking be setback a minimum 15 feet from street - facing building walls in multi - family zones. This standard will provide more space for lobby areas and allow entrances to be established closer to the sidewalk level (no higher than 3 feet above grade is our recommendation). Handicapped accessibility will also be easier to achieve without extensive ramping or lifts. There will be instances, however, where this standard is difficult to achieve, such as locations where residential space must be elevated above flood hazard level, on sloping sites, or on corner lots where meeting the standard along both frontages would prevent a reasonable amount of parking to be established for the use. Staff recommends including an allowance for a minor modification to provide some relief from the strict application of the standard in these types of situations. Recommendation Staff recommends amending the Zoning Code as indicated on the following pages. Underlined text indicates new language. Strike - through notation indicates language to be deleted. Approved by: tl - Li►/.� ./"l✓�.�,- Robert Miklo, Senior Planner Department of Planning and Community Development Amend 14- 5A -5F, as follows: F. Standards for Structured Parking in Multi - Family and Commercial Zones The following standards apply to structured parking in all Multi - Family Zones and all Commercial Zones, except the CB -10 Zone. Standards for structured parking in the CB -10 Zone are specified in Subsection 14- 5A -3D, above. 1. In Multi - Family Zones and in the CN -1, CB -2, CB -5, and the MU Zones the ground - level floor of a building is reserved primarily for principal uses allowed in the zone. Therefore, any parking located with the exterior walls of the building must meet the following standards: a. In the CN -1, CB -2, CB -5, and MU Zones, structured parking is not permitted on the ground -level floor of the building for the first 30 feet of lot depth as measured from the minimum setback line. In the CN -1 Zone it is measured from the "build -to" line. b. In Multi - Family Zones, structured parking is not permitted on the ground -level floor of the building for the first 15 feet of building depth as measured from the street - facing building wall. On lots with more than one street frontage this parking setback must be met along each street frontage, unless reduced or waived by minor modification. When considering a minor modification request, the City will consider factors such as street classification, building orientation, location of primary entrance(s) to the building, and unique site constraints such as locations where the residential building space must be elevated above the floodplain. C. In the CN -1, CB -2, CB -5, and MU Zones, the ceiling height of any underground parking may extend no more than 1 foot above the level of the adjacent sidewalk. On sloping building sites and for existing buildings, the City may adjust this requirement by minor modification. 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 4 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building fagade. d. In Multi - Family Zones, the floor height at any street - facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk. Any underground parking_ may not extend above grade in a manner that prevents street - facing building entrances from meeting this standard, except as allowed by minor modification due to unique site characteristics, such as locations where the residential building space must be elevated above a floodplain. 2. Except for garage openings, the parking area must be enclosed within the exterior walls of the building. In no case shall a building have the appearance from the street or from abutting properties of being elevated above a parking level or "on stilts." (See Figure 5A.1) 3. Any exterior walls of a parking facility that are visible from a public or private street or from an abutting property must appear to be a component of the fagade of the building through the use of building materials, window openings and fagade detailing that is similar or complementary to the design of the building and must comply with the other standards of this Section. (See Figure 5A.1) 4. Parking_sl2aces within the structure must be perpendicular to parking aisles. However, angled parking or parallel parking configurations may be allowed if parking aisles are one -way. Figure 5A.1 - Structured Parking Acceptable Unacceptable Unacceptable 5. In addition to window openings, the City may require landscaping as a means to soften the visual effect of any garage walls located at the street level. Shrubs, small berms, and planters may be used to form a landscaped screen generally ranging between 2 and 4 feet in height. Trees may also be incorporated into the landscaped area if sufficient area is available for tree growth. 6. Garage Entrances /Exits. a. Vehicular access to parking within buildings should be located and designed to minimize traffic congestion and hazards to pedestrians and to preserve street frontages for active building uses. b. Garage entrances /exits should be located along a building wall that does not face a public street and accessed from a private drive, private rear lane or public alley. In the CB -2, CB -5, and MU zones, alley or rear lane access is preferred. If the Building Official in consultation with the Director of Planning and Community Development determines that such access is not feasible due to topographical limitations or other unique circumstances, or if allowing direct access from a street will better meet the objectives as stated in subparagraph a., above, garage openings may face a street, but must be designed in a manner that will best meet the objectives listed in subparagraph a, above, and must meet the standards listed in sub - subparagraphs (1), (2), and (3), below. (1) If the structured parking is intended for residents or tenants of a building and not the general public, there may be no more than one double -wide or two single -wide garage openings per building. Double -wide openings may not exceed 18 feet in width; single -wide openings may not exceed 9 feet in width. For existing buildings where it is not possible to meet this standard due to structural constraints of the building, the Building Official may adjust this provision to allow one additional garage entrance /exit that faces a street, provided that the minor modification approval criteria are met and the garage opening is designed to minimize its effect on the streetscape and minimize hazards to pedestrians. (2) For structured parking intended for use by the general public, garage openings should be limited in width and number to only what is necessary to provide adequate access for the types and numbers of vehicles using the parking facility. (3) Except in the CN -1, CB -2, MU and CB -5 Zones, the opening(s) must occupy no more than 50% of the length of the street - facing building wall. On corner lots, only one street - facing garage wall must meet this standard. In the CN -1, CB -2, MU and CB -5 Zones, garage opening(s) along the primary street frontage are not permitted if access is feasible from another local or collector street or from a rear alley, private street or private rear lane. If there is no feasible alternative, garage opening(s) may be allowed along the primary street frontage, provided that they occupy no more than 35 percent of the length of the primary street frontage of the lot and provided that all provisions of Article 14 -5C, Access Management are met. Amend subsection 14- 28 -6D, as follows: D. Building entrances for Multi - Family and Group Living Uses 1. For Residential Uses, buildings must have at least one door on the exterior of the building that provides pedestrian access to dwelling units within the building. Access to dwelling units must not be solely through a parking garage. 2. When a lot contains one principal building, the building must be oriented such that at least one facade faces a public or private street. The street - facing facade must have at least one main entrance to the building, or may contain separate main entrances to ground level dwelling units. If the building is located on a corner lot, only one wall must meet this requirement. 3. When a lot contains two or more principal buildings, the buildings must be oriented towards a public street, private street, or interior courtyard. Any building with a street - facing facade must have at least one main entrance oriented toward the street. Buildings located interior to a lot must have main entrances that are clearly visible from interior private streets /drives or surface parking areas. 4. Main entrances to a building, including main entrances to ground level individual dwelling units must be clearly demarcated by one of the following means (See Figure 2B.6, below): a. Covered porch or canopy; b. Transom and sidelight windows; C. Pilasters and pediment; d. Other significant architectural treatment that emphasizes main entrances. Simple trim around the doorway does not meet this standard. Figure 28.6 - Main Entrances a. Canopy a. Porch b. Transom & c. Pilasters & sidelight windows pediment 5. Patio -style doors, such as sliding glass doors, may not be used for main entrance doors. 6. To provide for the safety of residents, access to entrance doors of any individual dwellings units located above the ground level must be provided from an enclosed lobby or corridor and stairway. Unenclosed or partially enclosed exterior stairways may not be used as the primary means of access to dwelling units located above the ground level floor of the building. This provision does not preclude the use of fire egress structures. 7. The floor height at any street - facing building entrance must not exceed 3 feet above the level of the abutting public sidewalk or pedestrian plaza. 8. A pedestrian circulation system must be provided that connects residential entrances to adjacent public rights -of -way, and to parking areas and other on -site facilities. Planning and Zoning Commission March 21, 2013 - Formal Page 15 of 17 ,J)�pov. C 6y l) -Z y1'1113 nw4ify the residential density and parking standards for said uses to be consistent the de-ftity and parking standards for multi - family uses. Thomas Eastham asked Miklo to repeat th lonale for changing j. d €nsity from 500 to 900 square feet in the RNS -20. Miklo said the City p usly ba ensity on the number of bedrooms and made adjustments in the Code to base it rooms versus unit, and this would bring it in line with those formulas to make them ame. Freerks said it seems like ophole that definitely needs taken car She said she hopes that the housing co rative can continue to live within the neighborhood . said she thinks their homes ble< in well. was taken and the motion carried 7 -0. Discussion of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Miklo said as buildings become denser there is more demand for fitting parking on to sites, with the result of less green space, one of the neighborhoods concerns. He showed pictures of examples of what happens when you fill the first level of the building with parking and then elevate the residential. He said it removes the building from the street and makes it difficult to provide access for people with disabilities and results in changes in grade as you go up and down a street. He said the idea for this amendment would require that you have a lobby or entrance at grade to make it more accessible but also make it fit into the neighborhood and be more of a human scale. Thomas said he had concerns with the three foot in elevation from an accessible ramp standpoint. Miklo said that's a standard dimension that's used in form -based codes to elevate the first floor above the street to provide some privacy from the street, but the lobby entrance could still be at grade, but this would set a maximum standard. Freerks opened public hearing. Freerks closed public hearing. Weitzel moved to recommend approval of amendments to Title 14: Zoning Code to establish parking location standards and entranceway standards that will reduce the visual impact of structured and surface parking areas along residential streets in Multifamily Zones. Swygard seconded. Freerks said this is something that needs to be addressed. Dyer said in this building example that Miklo showed them, the elevation is determined because it's in the floodplain. Miklo responded that there were other ways to achieve it. Freerks said a new tendency is to berm up a building for parking. Miklo said as noted in the Planning and Zoning Commission March 21, 2013 - Formal Page 16 of 17 proposal there are exemptions for floodplains and sloping sites. A vote was taken and the motion carried 7 -0. OTHER Consideration of Meeting Minutes: March 4 and March 7, 2013 Eastham moved to adopt the minutes of March 4 and March 7. Swygard seconded. A vote was taken and the motion carried 7 -0. ADJOURNMENT: Eastham moved to adjourn. Weitzel seconded. The meeting was adjourned on a 7 -0 vote. Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING, TO ESTABLISH PARKING LOCATION STANDARDS AND ENTRANCEWAY STANDARDS THAT WIL REDUCE THE VISUAL IMPACT OF STRUCTURED AND SURFACE PARKING AREAS ALONG RESIDENTIAL STREETS IN MULTI- FAMILY ZONES. WHEREAS, the City has adopted a strategic p/dard al to tabilize central city neighborhoods by ensuring the igher density residential uses, su multi family uses and group living uses, are designed in a anner that is consistent with thract and scale of other residential uses in the surrounding n \an hood; and WHEREAS, the code contains parkintio standards in the City's more urban commercial zones ture that at a minimum tt 0 feet of building depth on the ground level floor of a builserved for principal usurface and structured parking is not allowed in this area. an rd ensures a more street frontage that is comfortable, safe, and attractive for pe an ood for storefronesses; and WHEREAS, in c to the arking setback ard required in urban commercial zones, structured parking multi -fame and group buildings must be enclosed within the building walls, but is d on the gr and level fl the building right up to the front building wall; WHEREAS, in recent years as multi - character, there has been a proliferation of ground level floor with apartments above; WHEREAS, elevating the living area ab� that are out of proportion to the height of buildings in the neighborhood, made handi and created a street frontage that is unco o WHEREAS, adopting a minimum set cl height for residential stoops will help to a evie WHEREAS, the Planning and Z nine recommended approval. NOW, THEREFORE, BE IT ORD INED CITY, IOWA: mily fesidential areas are becoming more urban in ul 'family buildings constructed with parking on the /e he parking level has resulted in exterior stoops ie b ilding and out of scale with other residential ped cessible entrances more difficult to achieve, able an unattractive for pedestrians; and for struc red parking and establishing a maximum the afore entioned issues; and Commissio has reviewed this ordinance and BY THE CITY WUNCIL OF THE CITY OF IOWA SECTION I. The Code of Ordi nces of the City of Iowa Xparkin hereby amended as follows: A. Delete paragraph 14 -5A -5 1, and substitute in lieu ther 1. In Multi - Family Zones an in the CN -1, CB -2, CB -5, and es the ground-level floor of a building is res rved primarily for principal us the zone. Therefore, any parkin located with the exterior walls g must�eet the following standards: �' = a. In the CN -1, CB , CB -5, and MU Zones, structureof perm ed on-the ground -level fl or of the building f or the first 30 feet of lot deptlf . me�ure& ~ from the minimum setback line. In the CN -1 Zone it is measuredAcip) the "build`,, to" line. b. In Multi - Family Zones, structured parking is not permitted on the g'ouncl4vel floor of the building for the first 15 feet of building depth as meas` tied fr6'8 the street - facing building wall. On lots with more than one street frontage this parking setback must be met along each street frontage, unless reduced or waived by Ordinance No. Page 2 minor modification. When considering a minor modification request, the City will consider factors such as street classification, building orientation, location of primary entrance(s) to the building, and unique site constraints such as locations where the residential building space must be elevated above the floodplain. c. In the CN -1, CB -2, CB -5, and MU Zones, the ceiling height of any underground park may extend no more than 1 foot above the level of the adjacent sidewalk. On slopi \�n g sites and for existing buildings, the City may adjust this requiremnor modification. However, on sloping sites at least a porti on of the grouoor height of any new buil 'ng must be located no more than one foot level of the abutting sid alk or pedestrian plaza; and the floor height on -level floor of the buil 'ng must be no more than 3 4 feet above tth butting public sid alk or pedestrian plaza at any point along a ng bu ing fagade. d. In Multi - Family Zones, the X'h t any street - facing building entrance must not exceed 3 feet above the abutting public sidewalk. Any underground parking may nobove grade in a manner that prevents street - facing building entranceeting this standard, except as allowed by minor modification due to unharacteristics, such as locations where the residential building space mued above a floodplain. B. Add a new paragraph 4 to subse- as follows, and re- number subsequent paragraphs accordingly: 4. Parking spaces within the strut re must be perpen icular to parking aisles. However, angled parking or parallel par ' g configurations may e allowed if parking aisles are one -way. C. Add a new paragraph 7 to ubsection 14 -213-61D as follows, nd renumber subsequent paragraphs accordingly: 7. The floor height at any treet- facing building entrance must not ceed 3 feet above the level of the abuttirA public sidewalk or pedestrian plaza. sions of this Ordinance are I SECTION III. SEVER) adjudged to be invalid or Ordinance as a whole or i tutional. 1. All ordinances and parts of ordinances in conflic ith the provi- reby repealed. 13ILITY.. If any section, provision or part of the Ordinance shall be nconstitutional, such adjudication shall not affect the validity of the y section, provision or part thereof not adjudged invalid or unconsti- SECTION IV. EFFVCTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013. MAYOR ATTEST: CITY CLERK Approved by: City Attorney's Office C/ �� M -IkB 7i Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 13 -4522 AN ORDINANCE TO AMEND SUBSECTION 14-4134A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI- FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, it is in the best interest of the City to allow flexibility in application of zoning rules to encourage the adaptive re -use of historic buildings in order to preserve the history and culture of the community for future generations; and WHEREAS, in order to provide flexibility in preserving the integrity of buildings designated as Historic Landmarks, the zoning code allows a property owner the option to seek a special exception that would allow residential dwelling units on the ground level floor of a Historic Landmark in the Central Business (CB -10) Zone if said building was not originally designed as a storefront commercial building; and WHEREAS, this special exception option is not currently available for Historic Landmark buildings located in the Central Business Support (CB -5) Zone; and WHEREAS, there are historic landmark buildings located in the CB -5 Zone that were not originally designed as storefront commercial buildings, such that it may be appropriate for the Board of Adjustment to consider requests for residential uses on the ground level floor; WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment 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 subparagraph 14- 4B -4A -7e and substitute in lieu thereof: e. CB -5 and CB -10 Exception In the CB -5 and CB -10 Zone, except as prohibited in subparagraph (4) below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (1) The proposed dwelling will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the subject CB -5 or CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -5 or CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front fagade of the building contains ground floor storefront or display windows; and Ordinance No. 13 -4522 Page 2 (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. 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, as provided by law. Passed and approved this 23rd day of April , 2013. Approved by: �� 7°tia- TL9�c.■J City Attorney's Office 31-) J L3 ATTEST: CITY CLERK Ordinance No. 13 -4522 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 3/19/2013 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 4/9/2013 Vote forpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Date published 5/2/2013 13 7j Prepared by: Senior Planner, Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ13- 0000 &) ORDINANCE NO. 13 -4523 ORDINANCE REZONING APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ13- 00008) WHEREAS, the applicant, JMK Holdings — The Vine Tavern, has requested rezoning of a property located at 529 S. Gilbert Street to designate the property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past; and WHERAS, research conducted on behalf of the applicant revealed that this property was built in 1905 as a factory for the Hawthorne Glove & Novelty Co.; and WHEREAS, the Historic Preservation Commission and State Historical Society have determined that it is worthy of preservation; and WHEREAS, this property is located within the Riverfront Crossings District; and WHEREAS, The Riverfront Crossings Master Plan, an element of the Comprehensive Plan, encourages the preservation of historic properties within the District; and WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic Landmark to be in compliance with the Comprehensive Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as an Iowa City Historic Landmark: LEGAL DESCRIPTION THE N 35.72' OF LOT 8 & S 12.5' of LOT 7 BLOCK 5 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. 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 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 pLnd approved this 23rd day of April 2013. MAYOR ATTEST:t,�ior/ CITY CLERK Approved by C y Attorney's Office Ordinance No. 13 -4523 Page 2 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Champion x Dickens x_ Dobyns x Hayek _ x Mims x Payne x Throgmorton that the First Consideration 3/19/2013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT:-None. Second Consideration 4/9/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published 5/2/2013 7k Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13 -00006) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .78 ACRES LOCATED AT 1105 GILBERT COURT FROM NEIGHBORHOOD PUBLIC (P -1) TO INTENSIVE COMMERCIAL (CI -1). (REZ13 -00006) WHEREAS, the applicant, the Crisis Center of Johnson County, has requested a rezoning of property located at 1105 Gilbert Court from Neighborhood Public (P -1) to Intensive Commercial (CI -1); and WHEREAS, the Central District Plan future land -use map indicates that this area is appropriate for Intensive Commercial uses; and WHEREAS, the Comprehensive Plan generally encourages support for human services programs in accessible locations, the use of existing facilities to provide coordinated neighborhood services, and the City to provide appropriate planning and coordination of human. services programs; and WHEREAS, the rezoning would allow the applicant to use the subject property as part of a collaborative human services campus with other human service providers in the area and help these groups to pool resources and improve service; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of P -1 to CIA: LEGAL DESCRIPTION LOT 1, THE NORTH 50 FEET OF LOT 2, AND INCLUDING THE SOUTH 35 FEET OF LAND EAST OF THE RAILROAD. ROW DESCRIPTION IN SURVEY BOOK 4, PAGE 139, HIGHLAND PARK ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. 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 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. MAYOR ATTEST: CITY CLERK Approved . Ofty . - Office '5110m I Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. 4/9/2013 Champion Dickens Dobyns Hayek Mims Payne Throgmorton Second Consideration 4/23/2013 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 71 Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00007) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ13- 00007) , WHEREAS, the applicant, the Rose Company, has requested rezoning property located south of Highway 1 West, east of Ruppert Road from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South Central District Plan future land -use map indicates that this area is appropriate for retail or community commercial uses; and WHEREAS, the City is currently installing a sidewalk and trail system on the north side of Highway 1; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to ensure safe pedestrian access to this property and the provision of adequate sidewalks along the subject property's frontage with Ruppert Road to continue the sidewalk and trail system network. 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 owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CI -1 to CC -2, subject to the terms of the Conditional Zoning Agreement, attached hereto and incorporated herein by this reference: LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, ALONG SAID LINE, 182.40 FEET; THENCE S00 046'27 "W, 43.73 FEET; THENCE S00 014'58 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14; PAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ13- 00007) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING 2.12 ACRES LOCATED SOUTH OF HIGHWAY 1 WEST, EAST OF RUPPERT ROAD FROM INTENSIVE COMMERCIAL (CI -1) TO COMMUNITY COMMERCIAL (CC -2). (REZ13- 00007) , WHEREAS, the applicant, the Rose Company, has requested rezoning property located south of Highway 1 West, east of Ruppert Road from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the South Central District Plan future land -use map indicates that this area is appropriate for retail or community commercial uses; and WHEREAS, the City is currently installing a sidewalk and trail system on the north side of Highway 1; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to ensure safe pedestrian access to this property and the provision of adequate sidewalks along the subject property's frontage with Ruppert Road to continue the sidewalk and trail system network. 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 owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CI -1 to CC -2, subject to the terms of the Conditional Zoning Agreement, attached hereto and incorporated herein by this reference: LEGAL DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE N00 013'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, ALONG SAID LINE, 182.40 FEET; THENCE S00 046'27 "W, 43.73 FEET; THENCE S00 014'58 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14; PAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Ordinance No. Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. Matthew J. Hayek, MAYOR ATTEST: CITY CLERK Approved by� City Attorney's Office 3 �3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 4/9/2013 Vote for passage: AYES: Hayek, Mims, Throgmorton. ABSENT: None. that the Payne, Champion, Dickens, Dobyns. NAYS: Second Consideration 4/23/2013 Voteforpassage: AYES: Mims, Payne, Champion, Dickens, Dobyns, Hayek. NAYS: Throgmorton. ABSENT: None. Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and BFDJ Holdings LLC (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 2.12 acres of property located South of Highway 1 West, east of Ruppert Road; and WHEREAS, the Owner has requested the rezoning of said property from Intensive Commercial (CI -1) to Community Commercial (CC -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the provision of sidewalks along the property's frontage with Ruppert Road and Highway 1, the requested zoning is consistent with the Comprehensive Plan; 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 Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for infrastructure improvements; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. BFDJ Holdings LLC is the legal title holder of the property legally described as: A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 17, NORTH AIRPORT DEVELOPMENT, AS RECORDED IN BOOK 43, PAGE 182, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °48'19 "W, ALONG THE NORTH LINE OF SAID LOT 17, A DISTANCE OF 200.74 FEET, TO A POINT ON EASTERLY RIGHT. OF WAY LINE OF RUPPERT ROAD; THENCE N00 °40'33 "E, ALONG SAID EASTERLY LINE, 423.19 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE N74 °04'08 "E, ALONG SAID SOUTHERLY LINE, 26.06 FEET; THENCE N00 °13'13 "E, ALONG SAID LINE, 9.38 FEET; THENCE N74 °02'03 "E, ALONG SAID LINE, 182.40 FEET; THENCE S00 °46'27 "W, 43.73 FEET; THENCE S00 °14'58 "W, ALONG THE WESTERLY LINE OF THE PLAT OF SURVEY, RECORDED IN BOOK 14, PAGE 59, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, TO A POINT ON THE NORTH LINE OF LOT 16, OF SAID NORTH AIRPORT DEVELOPMENT; THENCE ppdadm/agt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc S89 °48'19 "W, ALONG SAID NORTH LINE, 2.18 FEET, TO THE SAID POINT OF BEGINNING. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South 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, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Ruppert Road sidewalk: To ensure safe pedestrian access to the subject property, construction of a five foot wide sidewalk built to City standards along the property's frontage with Ruppert Road, with a connection to the intersection with Highway 1 West and curb ramps at the intersection These sidewalk improvements will be installed prior to an occupancy permit being issue for any new building on the property. b. Highway 1 sidewalk: The applicant and owner will pay $9,228.75 the cost of sidewalk installation along the Highway 1 frontage to allow the City to install the sidewalk when a sidewalk is installed on other properties along the Highway 1 frontage. This payment shall be made prior to an occupancy permit being issue for any new building on the property. This fee will cover the cost of five feet of the width of the sidewalk. The City will pay for any paving costs if a wider sidewalk is constructed. 4. The Owner, 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 Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. ppdadm /agt/REZ13 -00007 Ruppert Rd and Hwy 1 draft CZA ordinance LLCacknowledgment.doc 2 Dated this day of 12013. CITY OF IOWA CITY Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office 3 f (, CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013 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/REZ13.00007 Ruppert Rd and Hwy 1 draft CZA ordinance_LLCacknowledgment.doc 3 Fred C. Rose BFDJ HOLDINGS, LLC ACKNOWLEDGEMENT: STATE OF IOWA ) )ss: BLACK HAWK COUNTY ) On this A"day of March, 2013, before me, the undersigned Notary Public in and for said state, personally appeared Fred C. Rose, Manager, of BFDJ Holdings, LLC, to me personally known, who being by me duly sworn, did say that he is the Manager, and is a designated agent of the Limited Liability Company which is managed by a Manager, and that this instrument was signed on behalf of the Limited Liability Company by authority of the Limited Liability Company, in its ordinary course of business, and the Manager acknowledged the execution of the instrument to be the voluntary act and deed of the Limited liability Company by it and by the Manager voluntarily executed. -- i rtlo. 7roun-so L = I-Em, III- p Ruppert Rd and Hwy 1 draft CZA ordinance_LLCadmowledgment.doc 4 HOOP AJENNIFER COMMISSION N0.722855 a . a w ► MY COMMISSION EXPIRES 0 (PM(I SOPS -- i rtlo. 7roun-so L = I-Em, III- p Ruppert Rd and Hwy 1 draft CZA ordinance_LLCadmowledgment.doc 4 T/ CITY OF IOWA CITY � Fit' 1 *L ` 40 MEMORANDUM Date: April 18, 2013 To: Tom Markus, City Manager From: Chris O'Brien, Director of Transportation Services Re: Ruppert Road Transit Service Introduction: At a recent City Council meeting, questions arose regarding transit service in the area around the intersection of Ruppert Road and Highway 1. History /background: Currently, Iowa City Transit operates service along Ruppert Road and Highway 1 from 6:30am — 10:30pm, Monday through Friday and from 6:OOam — 7:30pm on Saturday. The outbound Westport Route has a stop located at the corner of Miller Avenue and Highway 1. It then turns onto Highway 1, westbound, and continues until turning into the Walmart complex. After servicing the bus stop located at Walmart, the Westport turns northbound onto Ruppert Road and services the stop located at Ruppert Road and Highway 1. The Westport Route operates Monday through Friday from 6:30am — 7:OOpm. This area is serviced after 7:OOpm and on weekends by the Night/Weekend Oakcrest Route. This route turns onto Highway 1 from Sunset Street headed eastbound, turns into the Walmart complex and services the stop located at Walmart. It then proceeds to turn northbound on Ruppert Road and services the stop at Ruppert Road and Highway 1. This route is in operation Monday — Friday from 7:OOpm — 10:30pm and Saturday from 6:OOam — 7:30pm. Discussion of Solution: As development continues in this area we will evaluate the need for additional bus stop locations along Ruppert Road. In addition, we will evaluate locations that may support installation of benches and /or bus shelters. Financial Impact: The cost of bus shelters can vary based on design and amenities with the low end being $1500.00 per shelter. This could be incorporated into the FY15 Transportation Services budget. 7m Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (VAC13- 00002) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS AND SUBTERRANEAN RIGHTS FOR PORTIONS OF PUBLIC RIGHT -OF -WAY LOCATED ON GEORGE STREET BETWEEN BENTON STREET AND OAKCREST STREET. (VAC13- 00002) WHEREAS, the applicant, Christian Retirement Services ( Oaknoll), is redeveloping the property at the northwest corner of West Benton Street and George Street for an expansion of Oaknoll retirement campus; and WHEREAS, the applicant has requested that the City vacate and convey to the applicant air rights starting 20 feet above grade for a 30' x 60' section of the George Street right -of -way to allow for construction of a skywalk to connect the existing Oaknoll campus with the new campus; and WHERE, the applicant has also requested vacation of subterranean rights for portions of George Street beneath the proposed skywalk for the purpose of installing footings for the skywalk piers; and WHEREAS, the skywalk would improve pedestrian circulation for workers and elderly residents at Oaknoll, who may encounter safety risks when crossing George Street and moving between the existing buildings and the new building; and WHEREAS, the skywalk would also afford Oaknoll workers and residents shelter from inclement weather when crossing George Street; and WHEREAS, the proposed skywalk would be built at least 20 feet above ground, which would not impede vehicular or pedestrian street -level circulation; and WHEREAS, the impact of the proposed skywalk on light, air and open space would be minimal and not be significantly detrimental to the views of nearby residents and pedestrians, given that the proposed skywa!I; would be built at least 20 feet above grade, and that the landscaping plan for the new campus indicatesu substantial amount of trees and green space to be provided between the buildings; and WHEREAS, to ensure the impact of the proposed skywalk on light, air and open space would be minimal, the applicant has agreed to staff approval of the design of the skywalk; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of air rights and subterranean rights and has recommended approval of the application subject to ,City staff approval of the design of the skywalk. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates air rights and subterranean rights to that portion of public right -of -way described as follows: IT�T.��ZlirC�P►1 AIR RIGHTS VACATION That part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1020' West 222.5 feet along the Westerly right -of -way line of George Street (assumed bearing for this description only) to the point of beginning; thence continuing North 1 °20' West 30.0 feet along said Westerly right -of -way line; thence North 88 °40' East 60.0 feet to a point of intersection with the Easterly right -of -way line of said George Street; thence South 1 020' East 30.0 feet along said Easterly right -of -way line; Ordinance No. Page 2 thence South 88 040' West 60.0 feet to the point of beginning and containing 1,800 square feet more or less. The vacated air rights will begin at a height of 20 feet above the grade of the pavement at the center of the above description and extend to a height 38 feet above said grade. DESCRIPTION SUBTERRAINEAN RIGHTS VACATION That part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1. 020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed bearing for this description. only) to the point of beginning; thence continuing North 1 °20' West 20.0 feet along said Westerly right -of -way line; thence North 88 040' East 5.25 feet; thence South 1020' East 20.0 feet; thence South 88 °40' West 5.25 feet to the point of beginning and containing 105 square feet more or less. The vacated subterranean rights will extend from the surface to a depth of 75 feet. AND that part George Street described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of a Subdivision in the Northwest Quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. (Final Plat recorded in Plat Book 4, Page 315 at the Johnson County Recorder's Office), Iowa City, Johnson County, Iowa; thence North 1 020' West 226.4 feet along the Westerly right -of -way line of George Street (assumed bearing for this description only); thence North 880 40' East 60.00 feet to a point of intersection with the Easterly right -of -way line of said George Street; thence North 1 °20' West 2.0 feet along said Easterly right -of -way line to the point of beginning; thence continuing North 1 °20' West 20.0 feet along said Easterly right -of -way line; thence South 88 040' West 4.0 feet; thence South 1020' East 20.0 feet; thence North 88 040' East 4.0 feet to the point of beginning and containing 80 square feet more or less. The vacated subterranean rights will extend from the surface to a depth of 75 feet. 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 Ordinance No. Page 3 publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by�j/ "City Attorney's Office 6 Aj Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 4/9/2013 Vote for passage: AYES: Mims, Payne, Hayek. NAYS: Nbne. ABSENT: None. Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Throgmorton, Champion, Dickens, Dobyns, Second Consideration 4/23/2013 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published a 7n Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14 OF THE ZONING CODE TO MODIFY THE PROCESS FOR DELINEATING WOODLAND BUFFERS AND COUNTING PRESERVED TREES AND WOODLANDS TOWARD ANY TREE REPLACEMENT OR MITIGATION REQUIREMENTS. WHEREAS, the Sensitive Areas Ordinance currently specifies that woodland areas designated for protection must include a buffer area that extends 50 feet outward from the trunks of the trees to be preserved; and WHEREAS, this buffer area is intended to protect the trees within the specified retention area; and WHEREAS, since an undetermined number of trees within the designated 50 -foot buffer would be prone to damage during construction the trees within the 50 -foot buffer are not counted toward the woodland retention requirement; and WHEREAS, this buffer method of delineating woodland retention areas is simpler and less time consuming for a developer than conducting an on- the - ground tree survey; and WHEREAS, it makes it more difficult to get credit for preserving trees in narrower, linear woodlands because trees within the 50 -foot buffer are not currently included when calculating the retention area; and WHEREAS, this zoning code amendment would give the developer the option to do a more detailed on- site tree survey that would delineate the drip line of the trees and establish the construction limit line in a location that will more clearly protect the trees they have identified for retention, and thus a 50 -foot buffer would not be necessary; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended 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 14-51-913-1b by deleting the existing paragraph and substituting in lieu thereof: b. The plan must also delineate all woodlands that are to be protected according to the Woodland Retention and Replacement Requirements in subsection C, below and all groves that are to be protected. The delineated woodlands must include the required buffer area or, alternatively, must delineate the drip line of trees to be retained as specified in subsection C, below. B. Amend 14- 51 -96 -1 by inserting a new subparagraph c as follows, and renumbering the existing paragraphs accordingly: c. The total acreage of woodlands must be listed on the Plan, along with the percentage of woodlands to be disturbed and the percentage that will be retained. C. Amend 14 -51 -9C by deleting paragraph 1 and replacing it with the following: The required woodland area to be retained must include a buffer area that extends 50 feet outward from the trunks of the trees to be preserved, unless otherwise allowed by paragraph 2 below. This buffer area is intended to protect the trees within the specified retention area. Since trees within this buffer area may be prone to damage during construction, they may not be included when calculating the required retention area. Ordinance No. Page 2 D. Amend 14 -51 -9C by inserting new paragraphs 2 and 3 as follows, and renumbering the existing paragraphs accordingly: 2. Alternatively, a 50 -foot buffer area need not be provided if an on -site tree survey is completed and the construction limit line is established at least five feet beyond the drip line of trees to be preserved. The tree survey must identify the species, size and location of trees at the perimeter of the woodland to be protected. Said on -site tree survey and a map delineating the drip line of the trees located near the construction limit line must be submitted to the City for verification by the City Forester or designee. Additional spacing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. 3. All efforts shall be made during construction to protect the woodlands and groves designated for retention, including placement of durable fencing or other sturdy barrier along the designated construction limit line. E. Amend 14- 51 -9C -2 by deleting the existing paragraph, substituting in lieu thereof the following, renumbering it as paragraph 4, and renumbering the subsequent paragraphs accordingly: 4. If the City determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees must be planted. At the discretion of the City, replacement trees may also be allowed in cases where woodlands are determined to be of low quality, such that planting replacement trees would improve the health of a wooded area or create a new grove or wooded area of higher quality. One tree must be planted for every 200 square feet of woodland removed from the otherwise required retention area. Existing healthy trees (not located within the woodland) may be counted as replacement trees, at the discretion of the City, based on the health, species, maturity, location, and likelihood of survival during and after construction. Existing trees approved for preservation will count toward the required replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards. F. Amend 14- 51 -9C -6 (currently 14- 51 -9C-4) by deleting the existing paragraph in its entirety and substituting in lieu thereof: 6. Replacement trees must be approved by the City, and to the extent possible, should be of the same or equivalent species as the trees being removed, unless it is determined that the trees being removed are of a species that is considered low quality. In such a case, alternative tree species will be considered by the City. G. Amend 14 -51 -9D by deleting paragraph 1, inserting the following paragraphs, and renumbering the subsequent paragraphs accordingly: Woodlands, groves, and existing trees designated for protection according to the approved Sensitive Areas Site Development Plan, shall be protected from construction activity with durable fencing or other sturdy barrier approved by the City. Said protective fencing shall be placed a minimum of 5 feet beyond the drip line of the tree or trees to be preserved. Additional spacing of protective fencing from the drip line (beyond the minimum 5 feet) may be required if needed to protect the health of trees specified for protection, as determined by the City Forester or designee. The drip line is an imaginary circle that could be drawn on the soil around a tree directly under the tips of its outermost branches. The drip line encompasses the ground area under the entire spread of the tree canopy. 2. Measures must be taken to protect and retain groves of trees, as defined in this Title, to the extent practicable. Ordinance No. _ Page 3 3. Trees preserved within groves may be counted as replacement trees, if it is determined that the required woodland retention ratio on a site cannot be met as allowed in paragraph CA, above. Preserved trees within groves may count toward replacement trees at the ratio of substitution stated in Table 5E -2 within Article 14 -5E, Landscaping and Tree Standards. 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, as provided by law. Passed and approved this day of 12013. MAYOR ATTEST: CITY CLERK Appro ed by City Attorney's Office 3��/ 3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 4/9/2013 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns,Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 4/23/2013 Vote for passage: AYES: Throgmorton, Payne. NAYS: None. ABSENT: None. Date published Champion, Dickens, Dobyns, Hayek, Mims, 0404— 70 Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 (REZ12- 00030) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.465 ACRES OF LAND FROM COMMERCIAL OFFICE (CO -1) TO HIGH DENSITY MULTI - FAMILY RESIDENTIAL (RM -44) FOR PROPERTY LOCATED AT 821 E. JEFFERSON STREET. (REZ12- 00030) WHEREAS, the applicant, Jeff Clark, has requested a rezoning of property located at 821 E. Jefferson Street from Commercial Office (CO -1) to High Density Multi - Family Residential (RM -44); and WHEREAS, the Comprehensive Plan, Central District Plan, contains policies and a land use plan map to guide development within the older centrally located neighborhoods; and WHEREAS, the Comprehensive Plan, Central District Plan, has been amended to indicate that high density multi - family residential development is appropriate on this property; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the amended Comprehensive Plan provided that it meets conditions addressing the need for neighborhood stabilization and design compatibility; 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 owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Commercial Office (CO -1) to High Density Multi- family Residential (RM -44): A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4 IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013. MAYOR ATTEST: CITY CLERK da,�a't"7. -- AP"Sd By City AttOmev's Off C0 3 r�3 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 4/9/2013 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration 412312013 Vote for passage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00030) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and 821 Jefferson LLC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately .46 acres of property located at 821 E. Jefferson Street; and WHEREAS, the Owner has requested the rezoning of said property from Commercial Office (CO -1) to High- Density Multi - Family Residential (RM -44) zone; WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding design of the building and landscaping being consistent with the submitted drawings showing 18 one - bedroom apartment units,- the requested zoning is consistent with the Comprehensive Plan; 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 Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood stabilization; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 821 Jefferson LLC is the legal title holder of the property legally. described as: A PORTION OF BLOCK 4, ORIGINAL TOWN OF IOWA CITY ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS: LOT 3 AND THE WEST 55 FEET OF LOT 2, IN BLOCK 4 IN IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF. 2. The Owner acknowledges 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, Owner and Applicant agree that 'development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadmlagV821jefferson cza draft.doc a. That design of the building and landscaping will be generally consistent with the submitted drawings attached hereto and by reference made part of this agreement. b. No more than 18 one - bedroom apartments shall be constructed on the above described property. 4. The Owner, 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 Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 2013. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: IANA lN 01.4 City Attorn(iy's Office 41 ) ppdadnVagU821 jeHerson cza draft.doc 2 821 JEFFERSON, L.L.C. n4 By: 0 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2013, 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) 821 Jefferson, L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on r 44'�- , 2013, by %, j9 r'e 11k. as 11 aJYz -e,— of 821 Jefferson, L. L. C. 7; 77 Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm/agt/821 jefferson cza draft.doc 3 h�tat r KELLIE K. TUTTLE Commission Number 221819 My Co issi pires �tc 135--j." a .q- VM. 3 U.ft3 ss,-81 Proposed 18-Unit Apartment Building Site Plan of 821 Jefferson Street 821 Jefferson LLC 414 E. Mark. S- 1— City, 1A 52245 Shelley M,C-,ff,",, Dir, Rb—y 14,2W .......... Unit I I , , T, n 0 • a .q- VM. 3 U.ft3 ss,-81 Proposed 18-Unit Apartment Building Site Plan of 821 Jefferson Street 821 Jefferson LLC 414 E. Mark. S- 1— City, 1A 52245 Shelley M,C-,ff,",, Dir, Rb—y 14,2W .......... Unit I I , , T, n 0 ti e—i v v 0 a `a � r .� ��5 6� N a0 w �LL3 � i9 i � —_ � C' O � .� h f�i N Cl 1-H 00 r-1 N cL b O U W N cL