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Home My WebLink About2013-12-17 Ordinance5a Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ13- 00022) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.5 ACRES OF LAND LOCATED AT 21 WEST BENTON STREET AND 820 SOUTH RIVERSIDE DRIVE FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO OVERLAY PLANNED DEVELOPMENT- COMMUNITY COMMERCIAL (OPD -CC -2) ZONE. (REZ13 -00022) WHEREAS, the owner, Kevin O'Brien, and the applicant, Iowa River Redevelopment, LLC, have requested a rezoning of approximately 2.5 acres of property located at 21 West Benton Street and 820 South Riverside Drive from Community Commercial (CC -2) to Overlay Planned Development — Community Commercial (OPD- CC -2); and WHEREAS, the applicant has requested a planned development rezoning in order to redevelop the property in a manner consistent with the adopted Riverfront Crossings Master Plan, more specifically, to develop a 6 -story mixed -use building on the property at 21 West Benton Street that will overlook the Iowa River and a one -story commercial building on the property at 820 South Riverside Drive, provide public access to the riverfront by extending the Iowa River Corridor Trail from Ned Ashton Park south under the Benton Street Bridge and along both property boundaries with the Iowa River, and enhance the conditions on the site to improve the landscaping and pedestrian circulation; and WHEREAS, in order to accommodate the new buildings and the parking to serve those buildings on this 2.5 acre site, the applicant has been granted a reduction in the required 50 -foot stream corridor buffer to zero, which would allow the proposed mixed -use building to be constructed along the riverbank of the Iowa River and be integrated with the extension of the Iowa River Corridor Trail and other public amenities that will provide better public access to the river; further, the applicant has agreed to submit and implement a detailed landscaping plan to enhance the vegetative cover in the remaining buffer areas according to the Sensitive Areas Ordinance as approved by the City through the design review process; and WHEREAS, the applicant has signed a conditional zoning agreement to ensure that the final design of the trail and the buildings, the enhanced landscaping and public amenities along the Iowa River and the remainder of the site is designed in a manner that will improve pedestrian circulation, vehicular traffic circulation, and green features on the site and within the parking areas to meet the goals of the Riverfront Crossings Plan and the Sensitive Areas Ordinance; and WHEREAS, in order to realize the vision of the Riverfront Crossings Plan for taller buildings along the Iowa River, the applicant has been granted an increase in the allowable building height for the proposed building at 21 West Benton Street from 35 feet to 95 feet; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and the planned development approval criteria in the Iowa City Zoning Ordinance, provided that it meets conditions to address public needs directly caused by the rezoning, including adherence to the recommendations set forth in the geotechnical survey in the design and construction of the development; construction of the extension of the Iowa River Corridor Trail through a public access easement from Ned Ashton Park south along the Iowa River along both subject property boundaries in a manner that is integrated with the proposed buildings and in a location that will not decrease the flooding capacity of the Iowa River per permit requirements of the Iowa Department of Natural Resources; consistency of development with the submitted Sensitive Areas Plan, planned development plan, elevation and perspective drawings; and any additional conditions imposed by the Design Review Committee to ensure that the buildings and site are developed in a manner consistent with the goals of the Riverfront Crossings District Master Plan, and to ensure that appropriate landscaping within the remaining stream corridor buffer area is planted and maintained, and landscaping and pedestrian circulation enhancements are implemented throughout the site; 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 directly 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. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Community Commercial (CC -2) to Overlay Planned Development — Community Commercial (OPD- CC -2): Legal Description of the Property 21 W Benton Street: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2003115 IN SURVEY BK 46 PG 200 820 S Riverside Drive: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2009015 IN SURVEY BK 54 PG 133 SECTION ll. 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. 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. MAYOR ATTEST: CITY CLERK Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Kevin O'Brien (hereinafter "Owner "), and Iowa River Redevelopment, LLC (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 2.5 acres of property located at 21 West Benton Street and 820 South Riverside Drive; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Overlay Planned Development — Community Commercial (OPD- CC -2); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan and planned development approval criteria provided that it meets conditions imposed to address certain public needs directly caused by the rezoning and the applicant's request to reduce the required stream corridor buffer and increase the allowable height of the building on the property at 21 West Benton Street to accommodate upper floor residential development; and WHEREAS, more specifically, the conditions imposed are necessary to preserve the value of the river corridor in providing floodwater conveyance and storage and to reduce stream bank erosion through appropriate enhancements to stream bank vegetation; to ensure public access to and views of the Iowa River through integration of a public trail with the development; and to improve automobile, pedestrian and bicycle circulation and overall landscaping and site aesthetics to ensure a safe and attractive location for the proposed commercial and residential uses according to the adopted Riverfront Crossings District Master Plan; 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 directly 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 Riverfront Crossings District Master Plan and the need for protection of environmentally - sensitive areas; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Kevin O'Brien is the legal title holder of the property legally described as: 21 W Benton Street: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2003115 IN SURVEY BK 46 PG 200 820 S Riverside Drive: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2009015 IN SURVEY BK 54 PG 133 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Riverfront Crossings District Master 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 directly 1 of 4 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 and the approved planned development plan, as well as the following additional conditions: a. The final design of the development and the resulting encroachment into the required stream corridor buffer will not prevent construction of the Iowa River Corridor Trail in the preferred location as illustrated on the perspective drawings and trail profile drawings submitted and recorded as part of the approved planned development plan, which shows the trail located at or above the 10 year flood level, except as necessary to meet clearance requirements as the trail extends under the Benton Street Bridge. However, if the Iowa DNR denies the applicant's request for a Flood Plain Permit because the National Flood Insurance Program "No Rise" Certification criterion cannot be met for the trail if built at this elevation, the City will agree to a lower elevation of the trail, provided it is designed in a manner that creates an attractive and safe interface with the new building and parking garage. The Owner and Applicant agree to construct the trail to City specifications at the time the building is constructed and shall extend the trail under the Benton Street Bridge to connect with the existing trail in Ned Ashton Park. The Owner shall establish a minimum 20 -foot wide public access easement over the portion of the trail located on the Owner's property. The City shall reimburse the Owner for the cost of constructing the trail once the trail is completed to City specifications and the public access easement is executed and recorded; and b. Prior to approval of the final planned development plan, the owner will dedicate to the City 10 feet of property along the Riverside Drive frontage of property at 820 S. Riverside Drive to use for public right -of -way purposes to improve the pedestrian environment along Riverside Drive; and c. Prior to approval of the final planned development plan, the owner will execute a cross - access easement between the property at 21 W. Benton and the property at 804 S. Riverside Drive (McDonald's restaurant property) at a location acceptable to the City. At such time as the property at 804 S. Riverside Drive is redeveloped or the use on said property is expanded, the Owner agrees to close the existing access point to Benton Street from 21 W. Benton St. and combine and share a vehicular access with the property at 804 S. Riverside Drive through use of the cross - access easement; and d. The applicant will present a more detailed pedestrian circulation and landscaping plan for the site and for the areas along the Iowa River to the City for approval through the design review process prior to issuance of a building permit. The submitted plan should show enhanced vegetation appropriate for the location along the Iowa River, street trees, and landscaped pedestrian routes throughout the site; and e. The final design of the buildings and the site will be reviewed and approved through the design review process to be consistent with the Riverfront Crossings Master Plan and other zoning requirements. 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 directly caused by the requested zoning change. 2 of 4 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will comply 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 CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved . CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 of 4 2013. APPLICANT: Iowa River Redevelopment LLC OWNER: Kevin O'Brien, OWNER 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) APPLICANT ACKNOWLEDGEMENT: STATE OF ) ) ss: COUNTY ) This instrument was acknowledged before me on , 2013 by [name of business]. OWNER ACKNOWLEDGEMENT: STATE OF ) ) ss: COUNTY ) [name] as [title] of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) This instrument was acknowledged before me on , 2013 by [name] as [name of business]. [title] of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) 4 of 4 S°`._.r rnrn = ORDINANCE NO. *x ORDINANCE CONDITIONALLY REZONING APPROXIMATE 2.5 ACRES OF LAND LO�►TED AT 21 WEST BENTON STREET AND 820 SOUTH RIVERSIDE DRI FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO OVERLAY PLANNED DEVELOPMENT- CO MUNITY COMMERCIAL (OPD -CC -2) ZONE. (REZ13 -000 ) WHEREAS, the wner, Kevin O'Brien, and the applicant, Iowa River Redevelopment, LLC, have requested a rezoning o approximately 2.5 acres of property locat d at 21 West Benton Street and 820 South Riverside Drive from mmunity Commercial (CC -2) to Ov day Planned Development — Community Commercial (OPD- CC -2); d WHEREAS, the applic t has requested a planned dev opment rezoning in order to redevelop the property in a manner consist t with the adopted Riverfront rossings Master Plan, more specifically, to develop a 6 -story mixed -use b ' ding on the property at 21 1 est Benton Street that will overlook the Iowa River and a one -story commerce building on the property at 820 South Riverside Drive, provide public access to the riverfront by extendi the Iowa River Corrid Trail from Ned Ashton Park south under the Benton Street Bridge and along both operty boundaries wit the Iowa River, and enhance the conditions on the site to improve the landscaping and edestrian circulatio ; and WHEREAS, in order to accommodat the new buildin and the parking to serve those buildings on this 2.5 acre site, the applicant has been gran d a reductio in the required 50 -foot stream corridor buffer to zero, which would allow the proposed mixed se buildin to be constructed along the riverbank of the Iowa River and be integrated with the extension of th Iowa Ri er Corridor Trail and other public amenities that will provide better public access to the river; further, t app cant has agreed to submit and implement a detailed landscaping plan to enhance the vegetative cover . t e remaining buffer areas according to the Sensitive Areas Ordinance as approved by the City through the esign review process; and WHEREAS, the applicant has signed a conditio a zoning agreement to ensure that the final design of the trail and the buildings, the enhanced landsca g a d public amenities along the Iowa River and the remainder of the site is designed in a manner at will ' prove pedestrian circulation, vehicular traffic circulation, and green features on the site and w' hen the pa ing areas to meet the goals of the Riverfront Crossings Plan and the Sensitive Areas Ordinan e; and WHEREAS, in order to realize the vision the Riverfront Crossings Plan for taller buildings along the Iowa River, the applicant has been granted n increase in the all able building height for the proposed building at 21 West Benton Street from 35 fe to 95 feet; and WHEREAS, the Planning and Zoning mmission has reviewed thc?.proposed rezoning and determined that it complies with the Comprehensive P nand the planned development approval criteria in the Iowa City Zoning Ordinance, provided that it meets onditions to address public needs'directly caused by the rezoning, including adherence to the recomme ations set forth in the geotechnical survey in the design and construction of the development; con ruction of the extension of the Iowa River Corridor Trail through a public access easement from Ned hton Park south along the Iowa River along both subject property boundaries in a manner that is in grated with the proposed buildings and in a location that will not decrease the flooding capacity of he Iowa River per permit requirements of the'dowa Department of Natural Resources; consistency f development with the submitted Sensitive Ares Plan, planned development plan, elevation an perspective drawings; and any additional conditions imposed by the Design Review Committee to en re that the buildings and site are developed in a manner consistent with the goals of the Riverfront en sings District Master Plan, and to ensure that appropriate landscaping within the remaining stream orridor buffer area is planted and. maintained, and landscaping and pedestrian circulation enhance ents are implemented throughout the site; and WHEREAS, Iowa Code 14.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an a licant's rezoning request, over and above existing regulations, in order to satisfy public needs directly aused 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. N � C. a W ; r Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356<51 (RF413 -0M rnrn = ORDINANCE NO. *x ORDINANCE CONDITIONALLY REZONING APPROXIMATE 2.5 ACRES OF LAND LO�►TED AT 21 WEST BENTON STREET AND 820 SOUTH RIVERSIDE DRI FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO OVERLAY PLANNED DEVELOPMENT- CO MUNITY COMMERCIAL (OPD -CC -2) ZONE. (REZ13 -000 ) WHEREAS, the wner, Kevin O'Brien, and the applicant, Iowa River Redevelopment, LLC, have requested a rezoning o approximately 2.5 acres of property locat d at 21 West Benton Street and 820 South Riverside Drive from mmunity Commercial (CC -2) to Ov day Planned Development — Community Commercial (OPD- CC -2); d WHEREAS, the applic t has requested a planned dev opment rezoning in order to redevelop the property in a manner consist t with the adopted Riverfront rossings Master Plan, more specifically, to develop a 6 -story mixed -use b ' ding on the property at 21 1 est Benton Street that will overlook the Iowa River and a one -story commerce building on the property at 820 South Riverside Drive, provide public access to the riverfront by extendi the Iowa River Corrid Trail from Ned Ashton Park south under the Benton Street Bridge and along both operty boundaries wit the Iowa River, and enhance the conditions on the site to improve the landscaping and edestrian circulatio ; and WHEREAS, in order to accommodat the new buildin and the parking to serve those buildings on this 2.5 acre site, the applicant has been gran d a reductio in the required 50 -foot stream corridor buffer to zero, which would allow the proposed mixed se buildin to be constructed along the riverbank of the Iowa River and be integrated with the extension of th Iowa Ri er Corridor Trail and other public amenities that will provide better public access to the river; further, t app cant has agreed to submit and implement a detailed landscaping plan to enhance the vegetative cover . t e remaining buffer areas according to the Sensitive Areas Ordinance as approved by the City through the esign review process; and WHEREAS, the applicant has signed a conditio a zoning agreement to ensure that the final design of the trail and the buildings, the enhanced landsca g a d public amenities along the Iowa River and the remainder of the site is designed in a manner at will ' prove pedestrian circulation, vehicular traffic circulation, and green features on the site and w' hen the pa ing areas to meet the goals of the Riverfront Crossings Plan and the Sensitive Areas Ordinan e; and WHEREAS, in order to realize the vision the Riverfront Crossings Plan for taller buildings along the Iowa River, the applicant has been granted n increase in the all able building height for the proposed building at 21 West Benton Street from 35 fe to 95 feet; and WHEREAS, the Planning and Zoning mmission has reviewed thc?.proposed rezoning and determined that it complies with the Comprehensive P nand the planned development approval criteria in the Iowa City Zoning Ordinance, provided that it meets onditions to address public needs'directly caused by the rezoning, including adherence to the recomme ations set forth in the geotechnical survey in the design and construction of the development; con ruction of the extension of the Iowa River Corridor Trail through a public access easement from Ned hton Park south along the Iowa River along both subject property boundaries in a manner that is in grated with the proposed buildings and in a location that will not decrease the flooding capacity of he Iowa River per permit requirements of the'dowa Department of Natural Resources; consistency f development with the submitted Sensitive Ares Plan, planned development plan, elevation an perspective drawings; and any additional conditions imposed by the Design Review Committee to en re that the buildings and site are developed in a manner consistent with the goals of the Riverfront en sings District Master Plan, and to ensure that appropriate landscaping within the remaining stream orridor buffer area is planted and. maintained, and landscaping and pedestrian circulation enhance ents are implemented throughout the site; and WHEREAS, Iowa Code 14.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an a licant's rezoning request, over and above existing regulations, in order to satisfy public needs directly aused 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. Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Community Commercial (CC -2) to Overlay Planned Development— Community Commercial (OPD- CC -2): 21 W Benton Street: THAT PART OF SW NW OESC AS AUDITOR'S PARCEL #2003115 IN SURVEY BK 46 PG 200 820 S Riverside Drive: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2009015 IN SURVEY BK 54 PG 133 SECTION II. ZONING MAP. The building official is hereby authoriz d and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment pon the final passage, approval and publication of the ordinance as approved bylpw. SECTION III. CONDITIONAL ZONING AGREEMENT. The yor is hereby authorized and directed to sign, and the City Clerk attest, the Conditiona)`Zoning Agreem t between the property owner(s) and the City, following passage and approval of this Ordin.'%Qce. SECTION IV. CERTIFICATION AND RECOR NG. Upo passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certi a cop of this ordinance, and record the same in the Office of the County Recorder, Johnson County, low a the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by w. SECTION V. REPEALER. All ordinances and part o X in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, pr visioe Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall of affe of the Ordinance as a whole or any section, provision or part thereof not adjudged inv id or unl. SECTION VII. EFFECTIVE DATE. This rdinance ffect after its final passage, approval and publication, as provided by law. Passed and approved this day 3. MAYOR co ATTEST: T+� n CITY CLERK��.� N r` AJAftorngey' b � N O ice CIO Prepared by: Karen Howard, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (RED 3-00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter. "City "), Kevin O'Brien (hereinafter "Owner "), and Iowa River Redevelopment, LLC (hereinafter ",Applicant "). WHEREAS, Owner is the legal title holder of approxim/nity cres of property located at 21 West Bentbn Street and 820 South Riverside Drive; and WHEREA� the Owner has requested the rezoning operty from Community Commercial (CC -2)\to Overlay Planned Development — Coommercial (OPD- CC -2); and , WHEREAS, the Planning and Zoning Commissio has the reviewed the proposed rezoning and determined.that it complies with the Compre nsive Plan and planned development approval criteria provided that it meets conditions impos to address certain public needs directly caused by the rezoning an4 the applicant's request t reduce the required stream corridor buffer and increase the allowable �eight of the building the property at 21 West Benton Street to accommodate upper floor residential developmen and WHEREAS, more speciflrally, the condi ' ns imposed are necessary to preserve the value of the river corridor in providing floodwater c veyance and storage and to reduce stream bank erosion through appropriate enhan' ments stream bank vegetation; to ensure public access to and views of the Iowa River throw int ration of a public trail with the development; and to improve automobile, pedestrian and bid le circulation and overall landscaping and site aesthetics to ensure a safe and attractive loc ',on for the proposed commercial and residential uses according to the adopted Riverfront rossings District Master Plan; and WHEREAS, Iowa Code § 14.5 (2013) provides that the City of Iowa City may impose reasonable conditions on gran ' g an applicant's rezoning request, over and above existing regulations, in order to satisfy ublic needs directly caused by the requested change; and WHEREAS, the O er acknowledges that certain conditions and restrictions are reasonable to ensure the evelopment of theIster operty is consistent with the Comprehensive Plan and the Riverfro Crossings District Plan and the need for protftion of environmentally - sensiti a areas; and < C:) C.0 WHEREAS, t Owner agrees to develop thl property in accordance w Oe terns arr" conditions of this C ditional Zoning Agreement. C? ro NOW, THEREF RE, in consideration of the mutual omises contained htpeq the pare agree as follow 1. Kevi O'Brien is the legal title holder of the property I ally described ash'. co 2 W Benton Street: THAT PART OF SW NW D SC AS AUDITOR'S PARCEL 003115 IN SURVEY BK 46 PG 200 820 S Riverside Drive: THAT PART OF SW NW DES S AUDITOR'S PARCEL #2009015 IN SURVEY BK 54 PG 133 \ 2. The Owner and Applicant acknowledge that the City wishes to nsure conformance to the principles of the Comprehensive Plan and the Riverfront Cr ssings District Master Plan. Further, the parties acknowledge that Iowa Code §414.5 ( 13) provides that the City of Iowa City may impose reasonable conditions on granting a� applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly 1 of 4 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 and the approved planned development plan, as well as the following :additional conditions: The final design of the development and the resulting Ancroachment into the required stream corridor buffer will not prevent constr ction of the Iowa River ,Corridor Trail in the preferred location as illustrated n the perspective drawings d trail profile drawings submitted and recorded part of the approved planned de elopment plan, which shows the trail located or above the 10 year flood level,,except as necessary to meet clearance re uirements as the trail extends underkhe Benton Street Bridge. However, if th Iowa DNR denies the applicant's requestjor a Flood Plain Permit because the ational Flood Insurance Program "No Rise Certification criterion cannot be t for the trail if built at this elevation, the City wi agree to a lower elevation of t e trail, provided it is designed in a manner that reates an attractive and sa interface with the new building and parking garag . The Owner and Applic t agree to construct the trail to City specifications a the time the building i constructed and shall extend the trail under the Benton Stree Bridge to connect ith the existing trail in Ned Ashton Park. The Owner shall estab h a minimum 2 -foot wide public access easement over the portion of the trail to ted on the ner's property. The City shall reimburse the Owner for the cost of onstructi the trail once the trail is completed to City specifications and the p blic a ess easement is executed and recorded; and b. Prior to approval of the fi I anned development plan, the owner will dedicate to the City 10 feet of property o the Riverside Drive frontage of property at 820 S. Riverside Drive to use for lic right -of -way purposes to improve the pedestrian environment along Rive ide ive; and c. Prior to approval of th inal pla ed development plan, the owner will execute a cross - access easem nt between he property at 21 W. Benton and the property at 804 S. Riverside Dr' a (McDonald' restaurant property) at a location acceptable to the City. At such ti a as the propert at 804 S. Riverside Drive is redeveloped or the use on said p operty is expanded, a Owner agrees to close the existing access point to enton Street from 21 Benton St. and combine and share a vehicular acce s with the property at 804 . Riverside Drive through use of the cross - access asement; and d. The applica t will present a more detailed p estrian circulation and landscaping plan for th site and for the areas along the to a River to the City-for apprVal through t e design review process prior to issu be of a building p7wmit. T submitt .d plan should show enhanced vegetatio ppropriate forcn along a Iowa River, street trees, and landscaped edestrian rol2grohou the ' e; and --to w � e. Th final design of the buildings and the site will be re 'ewed ancr9koved t ough the design review process to be consistent with a RiveiR&A C:*ssin aster Plan and other zoning requirements. 4. The caner, Applicant, and City acknowledge that the conditions 'Von reas nable conditions to impose on the land under Iowa Code §414. sai conditions satisfy public needs that are directly caused by the change. 2 of 4 taine�erein are 5 (2013), and that requested zoning 5. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will comply 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 nure to the benefit of and bind all successors, r6presentatives, and assigns of the parties. r 7. The Owner and Applicant acknowledge that not ing in this Conditional Zoning Agreement shall be construed to relieve the Owner 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 ordinanc6,rezoning the subje property, and that upon adoption and publication of the ordinance, , `this agreement � all be recorded in the Johnson County Recorder's Office at the Applichpt's expense. ;' Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: 2013. APPLICANT: River Redevelopment LLC ER: Marian K. Karr, City Clerk Kevin O'B 'en, OWNER Approved by: i 's O is p CM CITY OF IOWA ITY ACKNOWLEDGEMENT: y� 66 �•... r•` STATE OF I A ) p ss: ma JOHNSO COUNTY ) .... 00 3 of 4 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. APPLICANT ACKNOWLEDGEMENT: STATE OF ) \'\' ) ss"" COUNTY) This instrument was [name of business]. OWNER ACKNOWLEDG STATE OF ) ) ss COUNTY ) Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ed beforZa a on 2013 by [nam [title] of N ary Public in and for said County and ate — iw (Starr or Seal) �C*j `v Title (an Rank) r-) =icy rn cap This instrument wc* acknowledged before me on e of business]. as Notary Public in and for said County a (Stamp or Seal) Title (and Rank) 4of4 2013 by [title] of STAFF REPORT To: Planning & Zoning Commission Item: REZ013 -00022 21 W. Benton Street & 820 Riverside Drive GENERAL INFORMATION: Applicant: Contact: Property Owner: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Prepared by: Karen Howard Date: November 7, 2013 Iowa River Redevelopment, LLC 105 5t' St. Coralville, IA 52241 Mark Seabold 2834 Northgate Drive Iowa City, IA 52245 Kevin O'Brien 105 5t' St. Coralville, IA 52241 Rezoning from CC -2 to OPD -CC -2; Planned Development Rezoning to allow a mixed -use development with certain modifications to the underlying zoning and a reduction in the 50 -foot buffer along the Iowa River through the Sensitive Areas ordinance Development of a 5 -story mixed -use building with retail, office, and residential with frontage along Benton Street and the Iowa River and a second 5,000 square foot retail building 21 W. Benton Street & 820 W. Riverside Dr. Approximately 2.5 acres Vacant commercial building; CC -2 North: Commercial; CC -2 South: Commercial; CC -2 East: Iowa River West: Commercial; CC -2 The Riverfront Crossings Master Plan, an adopted element of the Comprehensive Plan identifies this area as appropriate for mixed -use development. 2 File Date: 8/29/13 Revised plan submitted 10/21/13 45 Day Limitation Period: December 4, 2013 BACKGROUND INFORMATION: Iowa River Development, LLC, has submitted an application for a planned development rezoning for property at 21 W. Benton Street, site of the old Mumm's Saloon, which directly abuts the Iowa River. The application also includes the adjoining property at 820 Riverside Drive, which is adjacent to and shares a parking lot with Staples. The planned development process will allow the applicant to develop the site in a manner that is oriented toward the Iowa River and the planned west bank section of the Iowa River Corridor Trail (IRC). Because the site is constrained by the McDonald's restaurant property and the Staples property, the applicant is requesting a reduction in the 50 -foot stream corridor buffer along the Iowa River. The applicant is proposing to use the slope along the riverbank to construct a level of underground parking that will be floodable in the event of significant flooding along the river. The submitted site plan and drawings indicate that the alignment of the Iowa River Corridor Trail would be shifted down the slope from where it was modeled a few years ago and developed with public riverfront amenities, including a plaza and potential river access for fishing and boating. In addition to tearing down the now vacant Mumm's building and developing a new mixed -use building on that site, they are also proposing to construct a smaller retail building adjacent to the Staples building. The remainder of the property along Riverside Drive will consist of parking and drives that will provide traffic circulation between the Staples and the two proposed buildings on the applicant's property. The parking is needed to satisfy the parking requirements for both the new buildings. The building along the Iowa River is proposed as a 5 -story (six stories if the garage level is counted) mixed -use building with 7,888 square feet of retail on the ground floor, 10,864 square feet of commercial space on the second floor, and three levels of residential. The smaller retail building adjacent to the Staples will include approximately 5,000 square feet of retail space. The applicant has chosen not to use the "Good Neighbor Policy." ANALYSIS: The applicant is requesting a rezoning of approximately 2.5 acres of land from Community Commercial (CC -2) to Planned Development Overlay — Community Commercial (OPD — CC -2). The applicant has submitted a fairly extensive narrative explaining the project. Their stated goal is to develop a quality project that is consistent with the recently adopted Riverfront Crossings (RFC) Master Plan and that is integrated directly with the planned west side extension of the Iowa River Corridor Trail. In order to achieve this goal, the applicant is requesting certain modifications to the underlying CC -2 zoning standards through the planned development rezoning process. These requested modifications are described in more detail below. 3 Consistency with the Comprehensive Plan The subject property lies within the West Riverfront subdistrict of the Riverfront Crossings District. The RFC Master Plan describes the existing conditions in the West Riverfront District as a "high - traffic, auto - oriented corridor" that is "lined by commercial uses set back behind surface parking lots. Pedestrians are typically an afterthought." The stated goals for this area of Riverfront Crossings include: • Improve pedestrian and bicycle circulation • Capitalize on the Iowa River • Extend the riverfront trail • Temper auto - orientation • Open views and access to the river • Enhance the streetscape and overall aesthetics The plan also encourages new housing in the area with destination restaurants and retail that take advantage of the riverfront location. The applicant is proposing two new buildings for these adjoining properties. The submitted elevation drawings show the mixed -use nature of Building A. The applicant anticipates a destination restaurant with outdoor seating overlooking the Iowa River and additional retail space located south of a central open passage through the center of the building. The design allows pedestrians to walk through the building past storefront windows that allow views into the interior of the commercial spaces and public access to view the river from an outdoor terrace. The applicant has indicated that they will construct the new riverfront trail along their property as a part of their development and also extend the trail under the Benton Street Bridge to connect with the existing trail located in Ned Ashton Park just north of the bridge. The RFC Master Plan anticipates that newer buildings like Staples will remain for many years. The applicant purchased the property at 820 Riverside Drive from the owners of Staples, who placed a number of conditions on that sale. One of those conditions is that Building B must be setback from Riverside Drive similar to Staples. While the large front parking lot is not ideal from a pedestrian perspective, the new building will encourage a broader mix of uses, which staff finds is an enhancement to the site. Provided there are designated pedestrian routes between the buildings, the riverfront trail, and pedestrian connections to Riverside Drive and Benton Street, staff finds that the site layout is consistent with the RFC Master Plan. Benton Street and Riverside Drive are designated "primary" streets in the RFC Master Plan, meaning that the buildings should be oriented toward these streets with generous storefront window coverage to create a more comfortable and inviting environment for pedestrians. The applicant has submitted elevation and perspective drawings of both buildings. While fairly well developed, the details of the buildings and site still need to be refined. For example, on Building B, given the north- facing facade will be quite visible to customers accessing the site from Benton Street, staff recommends that the storefront windows wrap further around the corner to make the north- facing fagade more inviting. Additional landscaping and walkway along this wall could screen the view of the portion of the walls that do not have windows. The applicant has also not worked out a detailed landscaping plan or worked through details of the pedestrian routes. Staff finds that these types of details can be resolved through the design review process and that in general the proposed buildings and site are consistent with and will help to implement important elements of the RFC Master Plan. 4 General Planned Development Approval Criteria Applications for Planned Development rezonings are reviewed for compliance with the following standards according to Article 14 -3A of the Iowa City Zoning Ordinance. Given that the goal for is to improve the existing substandard conditions in the area, these approval criteria should be reviewed for consistency with the RFC Master Plan rather than trying to maintain consistency with the existing conditions in the area. 1. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. Residential Density — The CC -2 Zone allows a maximum of 15 units per acre. Given the site is approximately 2.5 acres, the proposed number of dwelling units (18) is less than the maximum allowed, so the density standard is met. Land uses proposed — The commercial uses proposed are all allowed in the CC -2 Zone and are consistent with the RFC Master Plan. Residential dwelling units are allowed in the CC -2 Zone only by special exception. The City Attorney has indicated that this is not a process that can be waived through the rezoning process. The applicant is aware that they will need to apply for a special exception for the residential component of the project. Traffic circulation and site layout — As noted above, the site is constrained by the existing Staples development and the McDonald's property. The proposed site layout integrates the two properties together and allows traffic to circulate between them in a logical fashion. The applicant may need to take advantage of the allowance for compact parking spaces in order to meet all parking area setbacks, pedestrian circulation, and landscaping standards, but these are details that can easily be worked out through the design review and site plan process. In addition, the driveway location along Benton Street is not ideal. Closing the existing Mumm's drive and creating a shared access point with the McDonald's would improve traffic safety on Benton Street. However, the owner of the McDonald's property is not willing to make this change at this time. With the goal of improving this corridor in the future, staff recommends that at the time of final planned development plan approval, the applicant establish a cross access easement to the McDonald's property in a manner that would allow a shared access point further from the Benton Street bridge if and when the McDonald's property redevelops. Staff also recommends that as a condition of this rezoning that an agreement is established between the applicant (or any future owner) and the City to ensure that the easternmost drive is closed once a new shared access point is established. Mass and Scale — The mass and scale of the proposed buildings are consistent with the RFC Master Plan, which encourages taller mixed -use buildings along the Iowa River and building heights in the remainder of the West Riverfront subdistrict to range between one and four stories in height. The CC -2 Zone has a height limit of 35 feet, so the applicant has requested a modification of this height limit through the planned development rezoning process. Open space — There is very little usable open space in the West Riverfront subdistrict in general. One of the goals for this district is to extend the Iowa River Corridor Trail from Benton Street south to Highway 6 and improve conditions along the Iowa River. The other way to improve public open space in a highway- oriented commercial area like Riverside Drive is to improve conditions along street frontages by adding street trees and more generous parkways 5 between the public sidewalk and the traffic lanes and to "green" the parking areas by adding landscaping and trees where feasible. The applicant has indicated that the success of their mixed -use building will hinge in part on improving the conditions along the Iowa River, so they have agreed to build the riverfront trail in conjunction with their development and to enhance the public amenities and landscaping along the riverbank. The applicant is also willing to dedicate 10 feet of land to the City to increase the right -of -way along Riverside Drive, which will provide more room for green space and street trees when the street corridor is improved in the future. The City's capital improvements program budget includes both Riverside Drive streetscape improvements and extension of the Iowa River Corridor Trail south to Highway 6. Given the constrained width of the right -of -way it will be important for property owners to work with the City to achieve the goals of improving the street and river corridors for pedestrians and bicyclists. The applicant has agreed to contribute to these efforts as a part of redevelopment of this property. 2. The development will not overburden existing streets and utilities. All streets and utilities are available and will not be overburdened with redevelopment of this property as proposed. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. Staff believes that the proposed development will be a considerable improvement to the neighborhood. It will provide opportunities for new businesses and enhance property values, views and access to the Iowa River. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. All planned developments must comply with all the applicable requirements and standards of the underlying zoning district, unless specifically waived or modified through the planned development process. Variations to the dimensional requirements of the underlying base zone are allowed: • to facilitate the provision of desired neighborhood amenities or open space; • to preserve or protect natural, historic, or cultural features; • to achieve compatibility with surrounding development; or • to create a distinctive or innovative neighborhood environment for area residents. The applicant is requesting an increase in the allowable building height in the CC -2 Zone from 35 feet to 95 feet. As mentioned above, the RFC Master Plan anticipates taller, mixed -use buildings along the Iowa River, which will allow new housing options in the area taking advantage of river and park views. Staff finds that the additional building height will create a distinctive and innovative neighborhood environment for area residents. New housing above commercial space will enhance the market for neighborhood serving retail uses on this and surrounding properties in a manner that is consistent with the Comprehensive Plan. Sensitive Areas Review The applicant has applied for approval of a Sensitive Areas Development Plan to reduce the required stream corridor buffer along the Iowa River from 50 feet to zero. The purpose of the 0 Sensitive Areas Ordinance is to permit and define the reasonable use of properties that contain sensitive environmental features and natural resources, and allow reasonable development while protecting these resources from damage. The purpose of regulating development near stream corridors is to: 1) Preserve the value of stream corridors in providing floodwater conveyance and storage; 2) Promote filtration of storm water runoff; 3) Reduce stream bank erosion; 4) Protect and enhance wildlife habitat. The Sensitive Areas Ordinance requires that a 50 foot natural buffer be maintained between development activity and the Iowa River floodway. An applicant can request a reduction of the required natural buffer up to 100 percent if the applicant demonstrates that all of the following criteria are met: 1) The property is adjacent to or contains a stream corridor located in a developed area of the City; The subject property is located in a developed area of the City. The property contains extensive paving and a vacant commercial building. There is very little natural area along the Iowa River in this area. 2) The portion of the buffer being reduced does not contain other sensitive areas subject to the requirement of this Article; There are no other regulated sensitive features in the buffer area, but there will have to be some grading along the riverbank and the floodway in order to construct the building and the riverfront trail. Currently there is a mix of low quality vegetation along the riverbank. Under the paved portion of the lot and also likely part of the riverbank is a mix of fill materials deposited over the years due to the history of this site as a former dumping ground. The building will have to be carefully designed and constructed to take these conditions into account and appropriate landscaping installed to prevent stream bank erosion and maintain the integrity of the building and the trail. The applicant's engineer is in the process of modeling the proposed building and the riverfront trail in order to obtain a permit from the Iowa DNR. They will need to demonstrate to the DNR that any grading or construction will have no effect on the flood capacity of the Iowa River. The reduction of the buffer to zero will make it necessary to shift the alignment of the Iowa River Corridor trail further down the riverbank. The applicant has presented a desired location for the trail, which is above the 10 -year flood level (except where it extends under the Benton Street bridge). The applicant has also included an illustration of an alternative alignment of the trail that is lower than the 10 -year flood level. They have indicated that this alignment will only be used if necessary to receive the no -rise permit from the DNR. City staff prefers to keep the trail above the 10 -year flood level to the extent possible to reduce the number of times the trail is flooded. However, given that the trail will need to be at a lower elevation anyway to meet clearance requirements under the Benton Street bridge, staff finds the alternative alignment would be acceptable if necessary to meet no- rise requirements of the DNR, provided that there is an alternative route for people to travel across the property during times when the trail is flooded. Staff is prepared to work through these issues with the applicant when the modeling is complete. 3) Requiring the full stream corridor buffer would preclude reasonable use of the property; Given the site size and configuration requiring a no -build 50 foot buffer from the Iowa 7 River floodway would make development of this property difficult. In staff's opinion the applicant has made efficient use of the site by proposing a multi -story building with underground parking that does not hinder floodwater conveyance. In order to achieve the amount of parking necessary to serve the commercial uses on the site and provide for logical traffic and pedestrian circulation, a reduction in the stream corridor buffer is reasonable. 4) Enhanced vegetative cover will be provided in any remaining buffer area, to the extent possible. The applicant has indicated their intent to enhance the vegetative cover in the areas north and south of the new building and along the new riverfront trail. However, they have not yet developed a detailed landscaping plan, which will be somewhat dependent on the final grading plan, design of the building, and the trail elevation. Staff suggests that the details of the landscaping be worked out through the design review process. Plant species should be appropriate for conditions along a riverbank and should be planted in a manner that will enhance the stability and attractiveness of the riverbank and the public areas along the trail. To assess the stability of the riverbank and the underlying soil conditions, the applicant hired a firm to conduct a geotechnical analysis of the site. The final report and a letter from a structural engineer at Shive - Hattery, the applicant's engineer for the project, is included in your packet. At the time of site plan review and before a building permit is issued, the City will require an analysis and certification from a structural engineer to ensure that the building and other site work are designed in a manner that will ensure that the building is safe and the riverbank is stabilized. Provided that all conditions are satisfied to prevent erosion, ensure long term stability of the riverbank, and the structural integrity of the proposed building, and that the encroachment into the buffer will not preclude construction of the planned extension of the Iowa River Corridor Trail, staff finds that the proposed reduction in the stream corridor buffer is reasonable. SUMMARY: In summary, staff believes that the proposed development is consistent with the recently adopted Riverfront Crossings Master Plan, will enhance property values, and will be a catalyst for further redevelopment in the West Riverfront subdistrict. In addition, the project meets the goals for capitalizing on the location next to the Iowa River and will provide better public access to the river. Staff recommends that the final planned development plan be reviewed through the design review process to ensure the final design of the buildings, the frontage conditions, pedestrian connections, landscaping and other site elements are consistent with the goals of the RFC Master Plan and meet all applicable site development standards in the zoning code. STAFF RECOMMENDATION: Staff recommends that REZ13- 00022, a rezoning of approximately 2.5 acres of land from Community Commercial (CC -2) to Planned Development Overlay — Community Commercial (OPD -CC -2) for property located at 21 W. Benton Street and 820 Riverside Drive, be approved subject to the following conditions: 1) The final design of the development and the resulting encroachment into the required stream corridor buffer will not prevent construction of the Iowa River Corridor Trail; and 2) Prior to approval of the final planned development plan, the owner will dedicate to the City of Iowa City, 10 feet of property along the Riverside Drive frontage of property at 820 S. Riverside Drive to use for public right -of -way purposes; and 3) Prior to approval of the final planned development plan, the owner will establish a cross access easement between the property at 21 W. Benton and the property at 804 S. Riverside Drive (McDonald's restaurant property) at a location acceptable to the City and will agree to close the access point to Benton Street from 21 W. Benton St. and combine and share an access with the property at 804 S. Riverside Drive when that property redevelops through use of the cross access easement; and 4) The applicant will present a more detailed pedestrian circulation and landscaping plan for the site and for the areas along the Iowa River to the City for approval through the design review process prior to issuance of a building permit. The submitted plan should show enhanced vegetation appropriate for the location along the Iowa River, street trees, and landscaped pedestrian routes throughout the site; and 5) The final design of the buildings and the site will be reviewed and approved through the design review process to be consistent with the Riverfront Crossings Master Plan and other zoning requirements. ATTACHMENTS: 1. Location Map 2. Preliminary Planned Development and Sensitive Areas Plan 3. Geotechnical analysis 4. Supporting documents, illustrations, and written statements from the applicant, their engineer, and architect Approved b pP : Y Jeff Ofavidson, Director of Planning Department of Planning and Community Development iE O O U w I o i I 0114 T N 0 x N a i t O Q 9 kVMHDIH 's'n Z OO Z W m Oc I 3AI80 3oIS213AId H1nos N N O O O M N W w V) c 0 C >m rl N z O a U O J W H V) SHIVEHATi ERY ARC H I T E C T U R F + E N G I N F E R I N G October 29, 2013 The City of Iowa City Planning & Community Development Department 410 E. Washington Street Iowa City, Iowa 52240 RE: Building Proposed Building Location 231 West Benton Street Iowa City, Iowa Shive -Hattery will be initiating the design of the proposed mixed use facility at 21 West Benton Street in Iowa City, Iowa. The facility is outside of the floodway, however it remains within the 100 -year floodplain. The proposed facility will be subject to certain conditions caused by the location within the floodplain. Shive -Hattery has professional engineers experienced with floodplain design who will be utilized to design the foundation and structure for the facility. Geotechnical information as provided by Team Services will be incorporated in the design. If you have questions or concerns feel free to contact our office at 319 - 354 -3040. Sincerely, SHIVE- HATTERY, INC. Steven C. Bradley, PE Institutional Team Leader SCB /rjm Copy: Mark Seabold, S -H Matt Barron, S -H Project # 212245 -0 Shive - Hattery, Inc, 12834 Northgate Drive I Iowa City, IA 52245 1319.354.3040 1 fax 319.354.6921 1 shine- hattery.com Iowa River Development, LLC Application for Planned Development — Rezoning November 7, 2013 Legal Description of the Property 21 W Benton Street: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2003115 IN SURVEY BK 46 PG 200 820 S Riverside Drive: THAT PART OF SW NW DESC AS AUDITOR'S PARCEL #2009015 IN SURVEY BK 54 PG 133 Both parcels are currently zoning CC -2 with a combined area of +/- 2.5 Acres. Evidence of Ownership Riverview Development, LLC is currently in ownership of 21 West Benton and 820 S. Riverside Drive. Property owners within 300'— See attached sheet. Applicants Statement of Intent Iowa River Development, LLC requests that the properties defined in these documents be Re -Zoned from CC2 to CC2 with a Planned Development Overlay for Infill Development accommodating the recently adopted Downtown and Riverfront Crossings Master Plan and providing for the City of Iowa City's Multi -Use trail to extend south of Benton Street to the edge of the 820 S. Riverside Drive property. This mixed -use development project is designed to take advantage of its proximity to the Iowa River. The five (5) story building is planned to provide 8,000- 10,000 square feet of retail space on the ground floor with the expectation of having a restaurant with a dining platform extending to the east for river views. 10,000 square feet of commercial office space will be provided on the second floor and eighteen (18) residential units are planned for the top three floors capitalizing on views up, down, and across the river. The apartments are envisioned to be marketed to young professionals, graduate students and empty nesters. A portion of the roof will be developed into a roof garden space with opportunities for community gardening, lounging and gathering spaces. This project also includes a 4,500 square foot retail addition to the existing Staples building which is envisioned to accommodate three separate 1,500 square foot tenants. Parking Parking for the residential units and some office users will be provided under the building in a secure, floodable parking area. All other parking will be provided at grade. This under building parking area will be designed to meet the City's requirements for a floodable structure. It will be screened from the trail and Iowa River users by incorporating decorative steel grates, plantings, canopies and bench seating along the building to allow the architecture of the building to extend to grade level at the riverfront facade and conceal the under building parking. This lower parking level will be designed to flood and withstand the unique requirements of a floodable structure. It will also be designed with quality materials that can be easily cleaned after a flood event. See the attached documents that describe how the building reacts to flood events. Data on these drawings is from the USGS National Water Information System for the Iowa River. This project will provide space for Iowa City's proposed west side river trail with planned areas to access the building for residents and guests. This project will also work with the City to provide access to the Iowa River and will coordinate with the Burlington Street Dam recreation project. Iowa River Development, LLC will negotiate easement agreements with the City of Iowa City for this land. Structure This building will be designed to resist the unique requirements of building within the 100 year flood plain. The structure will be designed to not only withstand the flooding effects but will be easily cleanable should an event occur. Requested Variations Building Height — Riverview Development, LLC is requesting an increase in the allowable building height from 35 feet allowed by current CC2 zoning to a maximum of 95 feet as reflected in the adopted Iowa Riverfront Crossings West Riverfront District. The 95 feet would accommodate underbuilding parking, first floor retail, second floor commercial office, 3 floors of residential units, and a roof terrace. This building height is consistent with the adopted Downtown and Riverfront Crossings Master Plan for this site. Floodway Buffer— Riverview Development, LLC is requesting to reduce the flood buffer by up to 100 percent. We feel this site complies with the reduction standards within section 14 -51 -7 Stream Corridors of the Iowa City Zoning Code. 1. Property is currently a "developed area" of the City. 2. Requiring the full stream corridor buffer will preclude the reasonable use of the property. 3. Enhanced vegetative cover will be provided in the remaining buffer area. The design of 21 West Benton Street places the building adjacent to the River with parking to the west to capitalize on the riverfront and allow vehicular access from Benton Street. The parking location to the west utilizes the only access point from Benton Street for this property due to the Benton Street Iowa River Bridge. The proposed building's location is based on beginning at the western site edge and utilizing minimums for site parking and to allow for under building parking. The current 50' flood buffer renders the site unable to reach the potential of the adopted Riverfront Crossings plan once the projected density and parking on the site are considered. Other Information Existing Vegetation — The current riverfront at this property is composed of rip rap and uncontrolled vegetation. The trees over 24" diameter at breast height (DBH) have been identified as a mixture of Ash, Elm, Maple and Cottonwood all nearing the end of their life span or improperly cared for and should be removed. Many understory trees (Mulberry, Boxelder, Sumac, etc.,) less than 8" DBH situates in a messy mass between the aforementioned trees. These trees are also very poor quality in branching habits, irregular sizes, out of control invasive shoots and all bearing little value. This project will remove this vegetation and incorporate new sustainable plants and/ or hardscaping elements, where applicable, for a new development vision, protecting water quality, including biodiversity, as well as providing social benefits for tenants, visitors and the general public. The landscaping for this project will meet the City's requirements for Landscaping. Iowa River West Side Trail - As well as public plazas, decks and a roof garden, Riverview Development, LLC will work with the City of Iowa City to construct the city's planned Multi -Use trail along the west side of the Iowa River and connect it to the existing trail system north of the Benton Street Iowa River Bridge. This project will also incorporate a riverfront plaza and pedestrian connection from grade level at Benton Street. The trail plan is similar to the planned trail that was approved by the DNR in 1997 which was also planned within the Iowa River Floodway. The configuration has been slightly modified to allow the trail to stay at a lower elevation south through the 21 W Benton Street property. Please see Trail Profile Modifications plan C4. The trail will slope from under the Benton Street Bridge to a height above the 10 year flood plain as per the City's request. This will allow the incorporation of a "trail head" plaza for pedestrians, bicycles, and potentially kayaks to tie into the Burlington Street Dam Modification Project. This trail project will require DNR approval as it is in the Floodway. The DNR approval process for all work in the Floodway is currently underway. If the DNR does not approve the trail plan at the proposed elevation, city staff has agreed that the trail can drop in elevation to a point where it will have a no -rise effect on the flood level per DNR requirements, given that an alternate overland path be provided through the property from Benton Street to the south side of the property. Closing statement Iowa River Development, LLC is excited to be developing this site incorporating the vision of Iowa City's Riverfront Crossings plan. Our goal is to transform this site into a mixed -use environment that contains dining, shopping, working and living spaces that overlook the scenic Iowa River. 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E zo cm 0 co (n (1) roN CL 0 O I E 0. 0 z > N a a 0 CO 00 c 0) co -aw CL 1C.144) LLI E CL zo E CL W.2 pop: >0 a) ;�Jfa October 9, 2013 Hunter Companies 1625 t" Avenge SE Cedar Rapids, ]A 5240'2 Attn: Saren Johnson Re: Subsurface Exploiation Six Story Bt4ldinl 21 West Denton Street, Iowa City, Iowa TEAM Report No. 1 -3398 Dear Ms. Johnson: TEAMServices Gr4technicral and Construction Mitterlal Cunsultanu We have completed the subsurface exploration for the proposed building project in Iowa City, Iowa: The accompanying .gcoteclunieal report presents the findings of the subsurface" exploration and our geotechnical recommendations for design and construction of building foundations and pavements. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if Nve may be of further service to you in any way, please do not hesitate to contact us. Sincerely yours., I- AM S vices 1s ac Drew, a Project Engineer tact' G.13rocka, P.l , Sr. Geotechnical Engineer ttlt�tl��' I herein~ C�rli ; 717 SE b "' Street • Des Moines, lA 51349 • ph: 515 -282- 881 -8 s fa: 515- 282 -8741 • email: staffEa- Warnsvcs.com Des Moines - Fort Dodge - Spirit Lake • Mason City • Cedar Rapids Waterloo • Davenport at this engines -ring document was prepared lky the or underniy areCt erg al sta}��on and that t am a duly licensed Profcssta is eer under the hi • of the State of lowa. Stacy `G ,. _ arocka i " 14203 Swey G. nrocka. A.E. Liccrise Number 1 4203 Date: 1 W0t3;13 ., ,�• M% lu.COe reawwal date is Decenihcr 3 i, 2013. y!'l��f��irirtt►it'��1� *4 Pages covered t�y this seal: All Pages 717 SE b "' Street • Des Moines, lA 51349 • ph: 515 -282- 881 -8 s fa: 515- 282 -8741 • email: staffEa- Warnsvcs.com Des Moines - Fort Dodge - Spirit Lake • Mason City • Cedar Rapids Waterloo • Davenport Subsurface Exploration Six Story Building - Iowa City, Iowa TEAMReport No. 1 -3398 October 9, 2013 TABLE OF CONTENTS TEAM Services PROJECTINFORMATION ............................................................................ ............................... 1 SITECONDITIONS ........................................................................................ ............................... 1 FIELDEXPLORATION .................................................................................. ............................... 1 LABORATORYTESTING ............................................................................. ............................... 2 NaturalMoisture Content ............................................................................ ............................... 2 Unconfined Compressive Strength ...........................:................................. ............................... 2 Bedrock Unconfined Compressive Strength ............................................... ............................... 2 PercentCore Recovery ................................................................................ ............................... 3 RockQuality Designation (RQD) ............................................................... ............................... 3 SUBSURFACECONDITIONS ....................................................................... ............................... 3 SoilProfile .................................................................................................. ............................... 3 Groundwater Level Observations ................................................................ ............................... 5 CONCLUSIONS AND RECOMMENDATIONS .......................................... ............................... 5 Existing Fill Considerations ........................................................................ ............................... 5 Site Preparation and Grading ...................................................................... ............................... 6 DeepFoundations ........................................................................................ ............................... 8 Intermediate Foundations .......................................................................... ............................... 12 Lateral and Uplift Force Resistance .......................................................... ............................... 12 Site Classification for Earthquake Design ................................................ ............................... 13 FloorSlabs ................................................................................................ 13 ............................... Permanent Groundwater Control .............................................................. ............................... 13 LateralEarth Pressures .............................................................................. ............................... 15 TemporaryExcavation Support ................................................................ ............................... 16 Cut and Fill Slope Stability Considerations .............................................. ............................... 17 Construction Groundwater Control ........................................................... ............................... 17 SiteSurface Drainage ................................................................................ ............................... 17 PavementSubgrade Preparation ................................................................ ............................... 18 PavementThicknesses .............................................................................. ............................... 19 QUALIFICATION OF REPORT .................................................................. ............................... 20 APPENDICES FIGURE No. 2 BORING PLAN LOGS OF BORING Nos, 1, IA, 1B, 2, 3, 3A, 4A and 5 SUBSURFACE PROFILES (SP -1 and SP -2) UNIFIED SOIL CLASSIFICATION SYSTEM GENERAL NOTES Subsurface Exploration TEAM Services Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 PROJECT INFORMATION Project information has been provided by Ms. Saren Johnson of Hunter Companies in telephone and email correspondence with our Mr. Isaac Drew, P.E. Included with the email was a site plan showing the proposed building and boring locations. The project will include construction of a new six -story retail /office building with lower level parking at 21 West Benton Street in Iowa City, Iowa. The building will reportedly be constructed with steel and precast plank and a glass facade. Maximum column loads of 1200 kips are anticipated. Main level finished floor elevation will be at 652.0 feet and the lower level elevation will be at 642.0 feet. The ground surface elevations of our borings were interpolated from the Shive Hattery contour plan provided to our office. SITE CONDITIONS This site currently has an existing building, pavements, tress and vegatation. The Iowa River lies to the east of the site. A majority of the site slopes gently downward from north to south with a relief of about 5 feet. The east side of the site slopes downward sharply towards the river with a relief of about 11 to 12 feet. FIELD EXPLORATION A total of 5 borings were originally laid out on site by Shive Hattery personnel. Borings 1 through 4 were relocated from there original locations due to difficult drill rig access. Borings 1 and 4 were redrilled (Borings lA and 4A) due to deeper depths to bedrock that were not anticipated. Boring 1 was redrilled a second time (Boring 1B) due to difficulty drilling Boring IA. Boring 3 was redrilled (Boring 3A) due to early auger refusal in cobbles and boulders. The ground surface elevations were determined by interpolating between contours in a Shive Hattery site plan provided by the client. The locations and elevations of the borings should be considered accurate only to the degree implied by the means and methods used to define them. Our drilling equipment consisted of a truck- mounted auger drill rig. The borings were made by mechanically twisting a continuous flight hollow stem steel auger into the soil. At assigned intervals, the center drive bit of the auger was removed and soil samples were obtained. At the completion of each boring the water levels were obtained and were backfilled with soil auger cuttings. Where applicable, pavements were patched with concrete. Representative samples were obtained using a split - barrel sampling procedure in general accordance with ASTM Specification D 1586. In the split - barrel sampling procedure, a standard 2 -inch O.D. split - barrel sampling spoon is driven into the ground with a 140 -pound hammer falling Page 1 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAMReport No. 1 -3398 October 9, 2013 TEAM Services a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18 -inch penetration is recorded as the standard penetration resistance value. These values are indicated on the Boring Logs at the depths of occurrence. The samples were tagged for identification, sealed and returned to the laboratory for testing and classification. An automatic hammer was used to perform the Standard Penetration Tests in the borings. In the automatic hammer system, the cathead and rope used traditionally in the manual test procedure is replaced with an automatic lifting mechanism for the 140 pound driving weight. The reduction in system friction with the automatic hammer system results in a significant increase in the driving energies. This results in significantly greater driving efficiencies and a corresponding decrease in the number of blows in the Standard Penetration Test results. We have taken the driving efficiency of the automatic hammer system into account when analyzing this data. Field logs of the borings were prepared by the drill crew. These logs included visual classifications of the materials encountered during drilling, as well as the driller's interpretation of the subsurface conditions between samples. Final Boring Logs included with this report represent an interpretation of the field logs and include modifications based on laboratory observation and test of the samples. LABORATORY TESTING Based on the driller's field records and examination of the samples in the laboratory, a soils testing program was developed to collect more information about the soil conditions at the site. The following is a brief description of the specific tasks completed for this project. Natural Moisture Content -- The natural moisture content of selected samples was determined in general accordance with ASTM D 2216. The moisture content of the soil is the ratio, expressed as a percentage, of the weight of water in a given mass of soil to the weight of the soil particles. The results are presented on the Boring Logs at the depths from which the samples were obtained. Unconfined Compressive Strength -- A calibrated hand penetrometer was used to estimate the approximate unconfined compressive strength of selected cohesive soil samples. The calibrated hand penetrometer has been correlated with unconfined compression tests and provides a better estimate of soil consistency than visual examination alone. Bedrock Unconfined Compressive Strength -- Selected bedrock samples obtained from the bedrock cores were tested in the laboratory to determine their unconfined compressive strength in general accordance with ASTM D 2938. The samples were prepared in general accordance with Page 2 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services ASTM D 4543 where the samples were cut such that the height is approximately 2 to 2.5 times the sample diameter of the sample. After the samples were trimmed, they were capped with capping compound and then placed, without any confinement, in a triaxial load frame and tested for compressive strength with a controlled rate of strain. The peak stress on the samples, in psi, are reported on the Boring Logs at the depth from which the samples were obtained. Percent Core Recovery — The percent core recovery is the ratio of the length of the core recovered after coring to the total length of the core run. The results of our percent recovery calculations are presented on the Boring Logs at the appropriate sample depths. Rock Quality Designation (RQD) -- The RQD is a measure of the quality of the rock mass. The ratio of the total length of intact bedrock samples larger than 4 inches in length to the total length of the core run is termed the bedrock's RQD. The RQD is also often expressed as a percentage. The results of our RQD calculations are also presented on the Boring Logs at the appropriate sample depths. As part of the testing program, the samples were classified in the laboratory based on visual observation, texture and plasticity. The descriptions of the soils indicated on the Boring Logs are in accordance with the enclosed General Notes and the Unified Soil Classification System. Estimated group symbols according to the Unified Soil Classification System are given on the Boring Logs. A brief description of this classification system is attached to this report. SUBSURFACE CONDITIONS Soil Profile Subsurface conditions encountered during this exploration are indicated on the individual Boring Logs. Based on the results of the borings, subsurface conditions on the project site can be generalized as follows. Borings were drilled through the existing asphalt pavement in Borings 1, 3 and 5. The pavement consisted of 4 to 6 inches of asphalt and an additional 6 inches of concrete beneath the asphalt in Boring 5. Fill was encountered beneath the pavements, and at the ground surface of Borings 2 and 4 and extended from 5% to 10 %2 feet below existing grades. The fill consisted of variable materials such as crushed limestone, sandy lean clay, lean clay, silt and fine to medium sand with various concentrations of sand, gravel, brick, concrete, asphalt, glass, iron pipe and cinders. The thickest Page 3 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services fill section of 10%2 feet below existing grade was encountered in Boring 1 near the north side of the proposed building. Alluvial deposits were encountered beneath the fill. These materials were likely deposited by the nearby Iowa River and consisted of medium stiff sandy silt cohesive soils and very loose to extremely dense fine sand, fine to medium sand, silty sand, clayey sand, medium to coarse sand, sandy gravel and gravelly sand granular soils. Where sampled, the thickness of the alluvium varied from 41 %2 to 611/2 feet thick in the borings and extended to about 48'/2 to 67 feet below existing grades. Beneath the alluvial deposits, soils derived from ancient glacial activity were encountered. These materials, which are usually called glacial tills, are unsorted soil deposits derived from continental glacial ice sheets present in this area years ago. These soils have nearly equal components of sand, silt and clay, but the clay fraction dominates their engineering properties. Trace quantities of gravel and larger materials are also usually present. The glacial tills at this site contained very stiff to very hard lean clay, sandy lean clay and sandy silt. Glacial outwash layers are also common within glacial till deposits. Glacial outwash occurs when glacial drift has been sorted and deposited by glacial meltwater streams. This usually deposits layers of well graded sand, and sometimes sand and gravel, but is dependent on the flow velocities of the meltwater streams. The glacial outwash deposits at the site occurred as medium dense to extremely dense fine to medium sand and sandy gravel. Cobbles and boulders were also noted in our borings (Borings 2, 3 and 3A). It is common to encounter these materials within glacial till deposits. The possibility of their presence should be considered where excavations or grading operations at this site advance down into the glacial till soils. Where sampled, the glacial deposits extended to about 49 and 80 feet below existing grades. Borings 2, 3 and 3A were terminated to auger refusal in the cobbles and boulders at about 49 to 60 feet below existing grades. Beneath the glacial deposits in Borings 113, 4, 4A and 5, weathered or unweathered bedrock was encountered. A lesser degree of bedrock weathering and soil formation are exhibited with increasing depth. Below the severley weathered zone is a moderately or slightly weathered zone of the bedrock which, in turn, overlies the unweathered bedrock (as observed by the limestone cored in the aforementioned borings). The weathered bedrock in Boring 4 consisted of severely weathered moderately hard to hard limestone bedrock. These borings terminated in the bedrock near depths of 78 to 98 feet below existing grades. The above descriptions provide a general summary of the subsurface conditions encountered. The attached Boring Logs contain detailed information recorded at each boring location. These Boring Logs represent our interpretation of the field logs based on engineering examination of the field samples. The lines designating the interfaces between various strata represent approximate Page 4 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services boundaries, and the transition between strata may be gradual. It should be noted that the soil conditions will vary between the boring locations. The generalized Subsurface Soil Profiles (Figures SP -1 and SP -2) is presented in the Appendix depicts the relative deposit elevations in the borings. Groundwater Level Observations The borings were monitored during and shortly after drilling operations to detect moisture seepage and groundwater accumulation. The results of our water level observations are noted on the Boring Logs enclosed in the Appendix. Groundwater accumulation was observed during drilling at depths of 23 to 28 feet below existing grades in Borings 1 through 5. Fluctuation of groundwater levels can occur due to seasonal variations in the amount of rainfall, runoff, surface drainage, subsurface drainage, site topography, irrigation practices, ground cover (pavement or vegetation), and other factors not evident at the time the borings were conducted. Normally, the highest groundwater levels occur in late winter and spring, and the lowest levels occur in late summer and fall. The fluctuation of the groundwater levels should be considered when developing the design and construction plans for this project. CONCLUSIONS AND RECOMMENDATIONS Existing Fill Considerations Fill was encountered in all of the borings and extended from 5% to 10 %2 feet below existing grades across the site. The fill consisted of variable materials such as crushed limestone, sandy lean clay, lean clay, silt and fine to medium sand with various concentrations of sand, gravel, brick, concrete, asphalt, glass, iron pipe and cinders. Based on the limited tests conducted within the fill, it appears that the fill consistency ranges from poorly to moderately compacted. The poorly compacted existing fill and/or unsuitable fill materials (brick, concrete, iron pipe, glass and cinders) were encountered at the all areas explored. It is our opinion that the existing fill in these areas is not suitable for support of structures. All existing fill that is removed should be replaced with suitable, compacted and tested engineered fill material. Some of the existing fill appears suitable for reuse as engineered fill; however, the existing fill would have to be properly sorted prior to reuse. Since we will be recommending intermediate or deep foundations for the building, which will extend beyond the stated depths of fill, the primary concern is the fill's ability to properly support Page 5 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services building floor slabs. Without any information or background on the fill placement, there is an inherently high risk of variability and uncertainty associated with the support capabilities of the fill in its present condition. Supporting slabs on undocumented fills could cause distress to the floor slabs and to eliminate the risk associated with the fill, it will be necessary to remove the fill and replace it with suitable engineered compacted and tested fill material. Where it is determined that over - excavation would not be the most economical or practical solution to mitigate the unknowns within the existing fill, we recommend the floor slab instead be designed as a structural slab supported above -grade on a deep foundation system, used to support the structure, or supported on -grade by an intermediate ground improvement system such as Geopiers® or stone columns. If the slab is designed to be supported by an intermediate ground improvement system, then we recommend that a minimum of 12 inches of crushed rock be compacted underneath the slab for the building, to allow for more uniform slab support. If the owner is willing to assume the risk of possible movements of the surface parking pavements, the existing fill could be left in place beneath the pavement sections. If the existing fill is left in place in the pavement areas, we recommend that extensive observation and testing of the fill be conducted during construction to further evaluate the suitability of the existing fill. Where unsuitable soils are encountered during this process, we recommend that the unsuitable soils be over - excavated and replaced with engineered compacted fill. It should be noted that due to the limited depth and extent of hand probing to be conducted, that not all deficient zones may be detected during this process. As a minimum, the parking subgrade should be proofrolled. If the existing fill is left in place beneath the surface parking areas, it may be beneficial to utilize hot mix asphalt since it is easier to patch and /or repair. Contract allowances should be made for some remedial work at the site related to subgrade preparation construction. This may include over - excavation and backfilling of unsuitable soils encountered at subgrade elevation excavations in accordance with the recommendations of this report. The amount of such work cannot be defined at this time; therefore, the owner should be informed of these cost variables. Site Preparation and Grading Demolition of existing structures should be performed along with the associated foundations and fill. Any underground utilities present in the area of the proposed building, which are to be abandoned, should be removed along with their associated backfill material. Consideration should be given to rerouting any existing utilities which will remain in service to locations outside the planned building so that they will be easily accessible for maintenance. Also, removal of the existing fill will also be required as discussed in the previous Existing Fill Considerations section. Any utility backfill or existing fill removed are to be replaced with engineered compacted fill Page 6 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services which meets or exceeds the Class I Construction Application requirement in the following Table A. Where trees are cleared, the stumps should be excavated and removed. Construction debris should be removed from this site and lawfully disposed or recycled. We expect that minor cut with mainly fill sections being required to achieve the desired final grades for this project. Site preparation should continue with the removal of any organic -laden soils, vegetation and any loose, soft, or otherwise unsuitable materials. The site strippings and any near surface soils with organics could be used for landscaping purposes in non - critical areas where support for floor slabs and pavements is not required. After stripping and removal, the exposed grade should be proofrolled and inspected by TEAM Services personnel. Proofrolling should be conducted with a fully loaded tandem axle dump truck having a minimum gross weight of 25 tons. Any unsuitable soils identified during this process should be removed and replaced with suitable engineered compacted and tested fill which meets or exceeds the Class I Construction Application requirement in the following Table A. TABLE A RECOMMENDED DEGREE OF COMPACTION GUIDELINES 1. Use Relative Density technique (ASTM D4253 & D4254) where Standard Proctor technique (ASTM D698) does not result in a definable maximum dry density and optimum moisture content. Care should be taken to prevent unnecessary disturbance of subgrade soils. Disturbed areas should be removed and replaced with engineered compacted fill in accordance with the recommendations of this report. Fill and backfill placed for support of the proposed structures should consist of approved materials which are free of organic matter and debris. Brick, concrete, rocks or other solid pieces with a Page 7 of 21 ,A¢ aq of y 't Class 1 Preparation /fill for building slabs, pavements and 95% 98% 70% other critical backfill areas Backfill adjacent to structures not supporting Class 2 other slabs or pavements. 90% 93% 45% Minor subsidence possible. Backfill in non - critical areas. Class 3 85% 88% 20% Moderate subsidence possible. 1. Use Relative Density technique (ASTM D4253 & D4254) where Standard Proctor technique (ASTM D698) does not result in a definable maximum dry density and optimum moisture content. Care should be taken to prevent unnecessary disturbance of subgrade soils. Disturbed areas should be removed and replaced with engineered compacted fill in accordance with the recommendations of this report. Fill and backfill placed for support of the proposed structures should consist of approved materials which are free of organic matter and debris. Brick, concrete, rocks or other solid pieces with a Page 7 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services maximum dimension of 3 inches or larger should not be placed in the new fill. We recommend that low- plasticity cohesive soil or granular material be used for general fill placement. By our definition, low- plasticity cohesive soil would have a liquid limit less than 45 and a plasticity index. less than 25. In our opinion, some of the on -site soils appear to meet these criteria and can be used as new engineered compacted fill. Some sorting, however, will be required in the existing fill. Any off site potential borrow materials should be evaluated by TEAM Services prior to their use as engineered compacted fill. Table A lists recommended minimum compaction requirements for cohesive and cohesionless fill materials for specific applications. For non - expansive cohesive soils, moisture contents within a range of -2 to +3 percent of the material's optimum moisture content (as determined by Standard Proctor ASTM D 698) are necessary to achieve the desired fill qualities for general grading and utility backfill while granular material should be placed within 3 percent of the material's optimum moisture content. The on -site soils can be excavated utilizing conventional excavation equipment. However, larger excavation equipment may be required depending upon the size of the rubble that may be encountered within the existing fill. Materials should be compacted in loose lift thicknesses not exceeding 12 inches and at a thickness that is compactable with the compaction equipment being utilized. Compaction of granular material can generally be suitably compacted with vibratory compaction equipment. Proper compaction of cohesive soils can be achieved with sheepsfoot or pneumatic type compactors within the above moisture content ranges. Sufficient density tests should be performed on each lift of engineered compacted fill placed to verify that adequate compaction is achieved. Deep Foundations Based on the test boring data, the existing fill and native overburden soils encountered at this site would not be capable of supporting the anticipated heavy structural loads for the proposed 6 -story building. Therefore, in our opinion, a deep foundation system consisting of either drilled shafts (auger cast piles or drilled caissons) or steel H -piles embedded into the limestone bedrock will provide reliable support for the proposed structure. The limestone bedrock was generally encountered in the building borings (Borings 1B, 4A and 5) from elevation 566.4 feet to 569.5 feet. The following sections provide further detailed design information for these two foundation systems. It should be noted that based on the difficulty drilling through cobbles and boulders on the east side of the site (Borings 2, 3 and 3A), where auger refusal was encountered, we anticipate that construction of drilled shafts may not be feasible or may be very difficult. Further, the deep depths Page 8 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services of sand deposits will make the construction of drilled caissons difficult, requiring the use of casing and slurry. Therefore, it is our opinion that the support of the building on either steel H -piles or intermediate foundations may be a more practical and economical approach. Drilled Shafts The following Table B presents the allowable skin friction values at different elevation intervals for drilled shafts (auger cast piles and drilled caissons), generally based on the soils encountered in our borings. Separate end bearing values are also presented for either auger cast piles bearing in practical auger refusal in limestone bedrock and drilled caissons embedded in limestone bedrock. Uplift reactions due to overturning loads can be resisted by skin friction and buoyant weight of the concrete foundation. We recommend that skin friction values for uplift be limited to 70 percent of the downward skin friction values in the Table B. Please note that the skin friction and end bearing capacity values provided include a safety factor of at least 2. TABLE B DRILLED SHAFT PARAMETERS 1. Requires minimum 3 feet penetration into this stratum to obtain this bearing capacity (Drilled Caissons). 2. When end bearing is utilized, we recommend skin friction be ignored for at least 1 shaft diameter above the bottom of the shaft. 3. For uplift resistance, 70% of the available skin friction may be considered applicable. The contribution of the upper 3 feet of each soil stratum to uplift resistance should be considered at the same value as the soil immediately above it. 4. The native soils in this stratum includes weathered limestone bedrock 5. For Auger Cast Piles Only 6. For Drilled Caissons Only Page 9 of 21 iy 3- t y `XI" Existing Fill (Elevation 642.0 to 639.0 feet) Neglect Neglect Overburden Native Soils (Above Elevation 6 10. 0 feet) 125 Neglect Overburden Native Soils 4 ( Below Elevation 610.0 feet) 375 Neglect Practical Auger Refusal in Limestone Bedrock s '- 80,000 Limestone Bedrock 6 10,0002 100,000' 1. Requires minimum 3 feet penetration into this stratum to obtain this bearing capacity (Drilled Caissons). 2. When end bearing is utilized, we recommend skin friction be ignored for at least 1 shaft diameter above the bottom of the shaft. 3. For uplift resistance, 70% of the available skin friction may be considered applicable. The contribution of the upper 3 feet of each soil stratum to uplift resistance should be considered at the same value as the soil immediately above it. 4. The native soils in this stratum includes weathered limestone bedrock 5. For Auger Cast Piles Only 6. For Drilled Caissons Only Page 9 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services Drilled caissons or auger cast piles should be located no closer than 3 shaft diameters (313), center to center, before reductions need to be implemented for vertical capacities. A group reduction factor of 0.7 should be applied to piles that are installed between 313 and 2B. We recommend that piles not be installed less than 2B. With deep foundations installed as described in this report, we estimate long -term total settlement due to structural loads will be less than `/2 inch and differential settlement may be less than ' /2 of the total settlement. A buoyant soil unit weight of 55 pcf should be used for sustained loading conditions, while a total unit weight of 120 pcf may be used for transient loads. Group action for lateral resistance of drilled shafts should be taken into account when spacing is less than 8 diameters (center to center). If spacing is less than 8 diameters, then the following reduction factors in Table C should be utilized. TABLE C GROUP REDUCTION FACTORS FOR LATERALLY LOAD DRILLED SHAFTS The contractor should be aware of the soil and groundwater conditions which may be encountered during drilled caisson shaft installation. Based on variability of the existing fill, and with granular soils being encountered at this site, caving of the existing fill may occur while caving of the granular soils will likely occur into the drilled caisson shaft excavations. Therefore, temporary casing or slurry drilling methods will be required to complete drilled caisson shaft excavations. When casing is removed during concrete placement, care should be exercised to maintain concrete inside the casing at a sufficient level to resist earth and hydrostatic pressures present on a casing exterior. The use of slurry drilling should be performed only by a contractor experienced with these procedures. Care should be taken so that the sides and bottom of the shaft excavations are not disturbed during construction. Hand cleaning of the drilled shaft bottoms will not be required if the drilling tools are capable of removing soft or loose fragments and provide a plane bearing surface. Page 10 of 21 My, 8D 1.0 6D 0.7 4D 0.4 3D 0.25 The contractor should be aware of the soil and groundwater conditions which may be encountered during drilled caisson shaft installation. Based on variability of the existing fill, and with granular soils being encountered at this site, caving of the existing fill may occur while caving of the granular soils will likely occur into the drilled caisson shaft excavations. Therefore, temporary casing or slurry drilling methods will be required to complete drilled caisson shaft excavations. When casing is removed during concrete placement, care should be exercised to maintain concrete inside the casing at a sufficient level to resist earth and hydrostatic pressures present on a casing exterior. The use of slurry drilling should be performed only by a contractor experienced with these procedures. Care should be taken so that the sides and bottom of the shaft excavations are not disturbed during construction. Hand cleaning of the drilled shaft bottoms will not be required if the drilling tools are capable of removing soft or loose fragments and provide a plane bearing surface. Page 10 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services Concrete should be placed as soon as possible after the drilled caisson shaft excavation has been completed to the confirmed bearing level and the bearing surface has been cleared of loosened material. Concrete should not be placed in drilled shaft excavations without tremie where the depth of water exceeds several inches. The concrete should have a slump of 5 to 7 inches at the time of placement. Concrete slump during slurry construction should have a slump of 7 to 9 inches. Concreting procedures in the American Concrete Institute recommended practice ACI 306, as currently revised, should be carefully adhered to. Auger cast piles are to be grouted without interruption and a positive grout pressure should be maintained, at all times, during the grouting operation. Reinforcing, when required, should be installed immediately after the grout is placed and is still fluid. During the construction of the auger cast piles, two adjacent piles should not be installed or grouted on the same day. This is to avoid the grout from migrating to the adjacent piles. If adjacent auger cast piles are poured on the same day, we would recommend a minimum edge -to -edge distance of 5 feet between piles. The deep foundation depths may require adjustment in the field depending upon conditions encountered at the time of construction. Therefore, we recommend that installation of all of the deep foundations be observed by a geotechnical engineer or his technical representative from TEAM Services to determine that design bearing conditions have been achieved, to note changes in the foundation materials, and observe construction procedures. The base of pier caps and grade beams should extend a minimum of 3'/2 feet below the lowest adjacent exterior grade to avoid frost heave effects. Steel H -Piles Steel H -piles may be designed for approximately 25% of the H -pile yield strength which is typically 50,000 psi. We recommend using an end bearing value of 9,000 psi for pile sizing. The piles should be organized in groups with a typical center to center spacing of 3 times the pile width. If spacing is less than 8 diameters for lateral load considerations, then the reduction factors given in Table C should be utilized. Rock "shoes" (point reinforcement) will be required for the piles to protect the piles in hard driving. It should be noted that some pre - drilling may be required to advance the piles through the fill where extensive rubble may be encountered. Consideration of corrosion of the pile should be taken into account when designing the pile, such as corrosion resistant pile, painting the pile, using other corrosion inhibitors, or using a slightly larger pile than designed. Page 11 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services Use of a Pile Driving Analyzer is recommended to verify pile capacity instead of a load test. Configuring a full -scale load test at this site is anticipated to be difficult because of the primarily end - bearing nature of the piles and difficult in obtaining adequate uplift resistance in the reaction piles. Production pile capacities should be established using the wave equation. TEAM Services should be retained to inspect the pile installation. Intermediate Foundations An alternative to the deep foundation options would be to use an intermediate foundation system (such as stone columns or Geopiers®) to support the building. These are patented foundation systems designed by licensed contractors who have a professional engineer on staff. We recommend that the stone column or Geopier® consultant be provided a copy of this report to determine requirements for additional exploration, if any, to support their design work. The foundation contractor should submit his proposed solution to TEAM Services for review. Typical intermediate foundation designs utilize allowable bearing capacity on the order of 4,000 to 6,000 pounds per square foot. Lateral and Uplift Force Resistance Deep foundations for structures will be subjected to some lateral and uplift forces. The foundations should be sized to resist these anticipated forces without excessive deflection and displacement. Lateral forces on the concrete will be resisted by the friction between the base of the foundation and the underlying soils and passive earth pressures. A coefficient of 0.35 could be reasonably assumed for evaluating ultimate frictional resistance to sliding at the foundation -soil contact. This coefficient should be used with minimum dead load as the normal force. A passive earth pressure coefficient of 3 could be reasonably assumed for evaluating ultimate lateral resistance of the soil against the side of the foundation where this is a permissible condition. This passive earth pressure should be divided by a safety factor of at least 2 to limit the amount of lateral deformation required to mobilize the passive resistance. The contribution to passive resistance of the frost affected materials in the upper 3' /z feet at the site should be limited to solely the weight of this soil. This can be accomplished by modeling this depth of soil as a uniform surcharge load equivalent to the weight of the soil in the analysis. Uplift resistance will be provided by the minimum dead weight of the structure and the foundation elements, plus the weight of the soil above the foundations. The weight of the soil above the foundations and extending outward at a 2 vertical to 1 horizontal slope may be considered as contributing to the uplift resistance of the foundations. This is based on the assumption that the Page 12 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services backfill of the foundations will be compacted in accordance with the recommendations of this report for structural fill. As previously mentioned, the buoyant unit weight of the soils should be used to calculate the lateral and uplift resistance for sustained loads, while the soils' total unit weight may be used for transient loads such as wind loads. A buoyant unit weight of 55 pcf and a total unit weight of 120 pcf may be used on all soils. Site Classification for Earthquake Design Based on the information from the Borings Logs and calculations conducted per the International Building Code, we have concluded that Site Class "13" should be used for seismic design of the proposed building. Floor Slabs As mentioned in the Existing Fill Considerations section we have recommended that the floor slab for the building be designed as a structural slab supported above -grade on a deep foundation system, or supported on -grade by an intermediate ground improvement system such as Geopiers® or stone columns. In order to allow successful use of a variety of floor systems, measures to control vapor transmission through floor slabs placed on grade are recommended where moisture sensitive floor coverings are a possibility. This would include use of a vapor barrier /retarder with a minimum thickness of 10 mils placed between the slab and an underlying capillary barrier. The vapor barrier /retarder should be strong enough to resist puncturing of capillary barrier materials. We recommend that a capillary barrier of clean manufactured sand or crushed limestone (drainable material) be provided between the vapor barrier /retarder and underlying fill. The capillary barrier should be at least 4 inches thick and contain less than 6 percent material finer than the U. S. No. 200 sieve. Below -grade floor slabs will be subject to the influence of groundwater. The following section discusses permanent groundwater control. Permanent Groundwater Control Groundwater was encountered in the borings drilled at this site. For design purposes, the maximum groundwater level at the site should be considered to be within a few feet of the ground Page 13 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services surface elevation. A permanent groundwater control system which provides positive drainage for the below -grade structures is recommended to prevent development of hydrostatic pressures against the below -grade structures and protect the lower level from excess subsurface moisture seepage. If wall drains are not provided, then the design groundwater elevation should be considered equal to the ground surface and undrained earth pressures would apply for lateral earth pressures. Floor slabs which are placed below surrounding grade should be provided with a under floor drainage system to protect the floors from hydrostatic uplift forces. The under floor drainage system should consist of a minimum of a 4 -inch thick drainable material hydraulically connected to trenches filled with drainable material and a 4 -inch diameter perforated pipe. The trenches should be spaced of approximately 30 feet on center. Drainable materials placed in the trenches should contain less than 3 percent material finer than the U.S. No. 200 sieve. Drainable materials placed in the layer between the floor slab and the trench should be crushed limestone containing less than 6 percent material finer than the U.S. No. 200 sieve. The perforated pipes should be designed to collect water from the drainable material and be sloped to drain to a reliable gravity outfall. The flow line elevation of these pipes should be at least 12 inches below the final subgrade elevation of the floor slab. The perforations in the pipe should be sized to keep the drainable material out of the pipe. For the size of aggregates recommended, either 3/8 -inch diameter perforations or '/4-inch width slots or smaller should provide adequate performance. Where slots or perforations are concentrated on one side of the pipe, the pipes should be oriented with the perforations or slots on the bottom side of the pipes. The radial thickness of drainable material around the pipes should not be less than 4 inches. A perforated rigid plastic or metal drain line installed behind the base of walls extending below adjacent grade is recommended to prevent hydrostatic loading on the walls (and/or seepage into below -grade building levels). The invert of a drain line around a below -grade building area should be below the finished subgrade elevation of the interior floor. The drain line should be sloped to provide positive gravity drainage and should be surrounded by free - draining granular material containing less than 3 percent material finer than the U.S. No. 200 sieve graded to prevent the intrusion of fines, or an alternative free - draining granular material encapsulated with suitable filter fabric. At least a 2 -foot wide section of free - draining granular fill should be used for backfill above the drain line and adjacent to the wall and should extend to within 2 feet of final grade. The granular backfill should be capped with 2 feet of compacted cohesive fill to minimize infiltration of surface water into the drain system. See Figure No. 2 enclosed in the Appendix for typical cross sections. A prefabricated drainage structure may be used above a drain line and the surrounding filter materials as an alternative to free - draining granular fill. A prefabricated drainage structure is a Page 14 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services plastic drainage core or mesh which is covered with filter fabric to prevent soil intrusion, and is fastened to the wall prior to placing backfill. Below -grade walls which adjoin occupied areas should be protected with a moisture resistant barrier material on the outside of the wall. Care should be taken during wall backfilling operations to avoid damaging the moisture resistant material. All drain lines should be directed to flow by gravity to a reliable, frost -free outfall if sufficient topographic relief is available at the site. A sump pit and pump should otherwise be constructed for the below -grade facility. Lateral Earth Pressures The project below -grade walls or retaining walls must be capable of resisting the lateral earth pressures due to the unbalanced soil heights. Therefore, the walls should be designed to accommodate these unbalanced lateral soil pressures. The following Table D lists the estimated lateral earth pressures for cohesive and cohesionless (granular) backfill. Cohesionless (granular) backfill lateral earth pressure parameters may be used where granular backfill has a minimum width of 2 feet and be wide enough to accommodate the back slope limit line of 2:1 (vertical to horizontal) or flatter in accordance with Figure No. 2 enclosed in the Appendix. The area between the required minimum zone of granular material and the actual limits of excavation may be backfilled with either cohesive or granular soils. The granular material should be a free draining material (less than 3 percent passing the U.S. No. 200 sieve) and hydraulically connected to a suitable drainage system. An acceptable drainage system may be constructed using perforated rigid pipe encased in coarse clean granular material graded such to prevent the intrusion of fines or an alternative free draining granular material encapsulated with a suitable filter fabric. The drain lines should be sloped to provide positive gravity drainage to a suitable outlet such as a sump pump, a storm drain, or frost -free outfall if sufficient topographic relief is available at the site. If the top of the wall is able to deflect approximately 0.2% to 0.4% of the wall height, then active earth pressures can develop with granular backfill. However, if the wall is rigidly fixed or otherwise restricted from deflecting, then at -rest pressure parameters should be used for design. Lateral pressure arising from surcharge loads, sloped backfill loads and earthquake loads should be added to the above values to determine the total lateral earth pressures. In addition, transient loads imposed on the walls by construction equipment during backfilling should be taken into consideration during design and construction. Excessively heavy grading equipment (that could Page 15 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services impose temporary excessive pressures or long -term excessive residual pressures against the constructed walls) should not be allowed within about 5 feet horizontally of the walls. Increased earth pressures can also develop from restricted soil drainage and compaction of the adjacent backfill. Expansive materials, either natural or backfill, should not be within 3 feet of below grade walls. TABLE D ESTIMATED LATERAL EARTH PRESSURE PARAMETERS' 1. Assumes negligible wall friction, a vertical wall, level backfill, and zero surcharge loads. Excludes cohesion shear strength and sliding friction effects. 2. Combined factored buoyant backfill unit weight and hydrostatic water head (62.4 pcf). 3. Excludes hydrostatic loading (62.4 pcf). 4. Passive pressure to be ignored in the upper 2 feet of finished grades due to frost and desiccation effects. Factor of safety 2.0 has been applied to limit the amount of lateral deformation required to mobilize the passive resistance. Temporary Excavation Support All excavations should comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P, "Excavations and Trenches" and other applicable codes. This document states that excavation Page 16 of 21 i Approximate Total Density 130 pcf 120 pcf Approximate Friction Angle 150 - 200 300 - 350 Active Pressure Coefficient, Ka 0.5 0.3 At -Rest Pressure Coefficient, Ko 0.7 0.5 Passive Pressure Coefficient, K 2 3.3 Coefficient of Friction for Sliding 0.3 0.6 at base of Concrete Footing Active Earth Pressures — Dqe in E 4 uivaleut Fluid Pressures —No Factor of Safe " Drained 65 pcf 35 pcf Undrained2 95 pcf 80 pcf At-Rest Earth Pressures — Desi u: E uivaieut Fluid Pressures — No Factor of. Sufi tk Drained 90 pcf 60 pcf Undrained2 110 pcf 90 2cf Passive'Earth;Pressures - De ' "n E a valeat Fluid Pressures Drained 130 pcf 200 pcf Undrained3 70 pcf 100 pcf 1. Assumes negligible wall friction, a vertical wall, level backfill, and zero surcharge loads. Excludes cohesion shear strength and sliding friction effects. 2. Combined factored buoyant backfill unit weight and hydrostatic water head (62.4 pcf). 3. Excludes hydrostatic loading (62.4 pcf). 4. Passive pressure to be ignored in the upper 2 feet of finished grades due to frost and desiccation effects. Factor of safety 2.0 has been applied to limit the amount of lateral deformation required to mobilize the passive resistance. Temporary Excavation Support All excavations should comply with the requirements of OSHA 29 CFR, Part 1926, Subpart P, "Excavations and Trenches" and other applicable codes. This document states that excavation Page 16 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services safety is the responsibility of the contractor. Reference to this OSHA requirement should be included in the job specifications. Cut and Fill Slope Stability Considerations We recommend that cut and fill slopes be constructed to 3:1 (horizontal to vertical) or flatter. These slopes will provide adequate stability plus will be sufficiently flat to facilitate mowing for maintenance of a grass stand recommended for erosion control. A minimum relatively level horizontal distance of at least 10 feet beyond any proposed foundations and 5 feet beyond the edge of any pavements is recommended from the crests of any slopes. Construction Groundwater Control During construction activities, care should be taken to maintain positive drainage at the site. Based on the boring information obtained at the site, it appears unlikely that the groundwater will rise above the lowest construction grade during construction unless severe precipitation is prevalent at the time of construction. It is expected that the water seepage can be controlled by permitting it to drain into temporary construction sumps and be pumped outside the perimeter of the excavations. In areas where water bearing granular soils are encountered within the excavations, we recommend that the water levels be maintained 2 feet or more below the bottom of excavations to prevent upward seepage forces which could reduce subgrade support. Dewatering in the water bearing granular soils may be accomplished with sand points and /or wells. Groundwater control should be maintained continuously until below grade construction is completed and backfilled sufficiently to withstand the forces which would be induced by the rise in groundwater levels when the dewatering system is no longer in service. If groundwater control is lost during construction, disturbance of the upper few feet below grade is likely in some areas of the site. When this occurs, it will be necessary to reestablish groundwater control and remove the disturbed soils. TEAM Services should be consulted regarding the extent of remedial action necessary. Site Surface Drainage Positive site drainage should be maintained along the perimeter of the building. Final grades should be established to direct runoff away from foundations. Down spouts, gutters, and roof drains should discharge away from perimeters. Site grading should direct surface water away from excavations or completed foundations during construction and after site development is completed. Page 17 of 21 Subsurface Exploration TEAM Services Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 Pavement Subgrade Preparation We expect the soils which will be encountered to support the new pavement sections will consist of reworked existing fill soils in cut areas, and engineered compacted cohesive fill required to achieve the desired final grades. Due to the variability of the existing fill encountered, the most conservative approach in dealing with the unknowns within the existing fill would be to completely over - excavate and replace the existing fill. If the owner is willing to assume the risk of possible movements in the future, the existing fill could be left in place beneath the pavement sections. If left in place, we recommend that extensive observation and testing of the fill be conducted to further evaluate the suitability of the existing fill. If unsuitable soils are encountered during this process, we recommend that the unsuitable soils be over - excavated and replaced with engineered compacted fill. It should be noted that due to the limited depth and extent of hand probing, that not all deficient zones may be detected during this process. As a minimum, the proposed parking site should be proofrolled. In order to provide satisfactory pavement performance, it is important that the subgrade support be relatively uniform with no abrupt changes in the subgrade support. Therefore, we recommend that the prepared subgrade depth be at least 1 foot deep after fine grading or trimming and extend 2 feet beyond the edge of the pavements. In cut areas it is recommended that the pavement subgrade area be cut to design subgrade level and that the exposed subgrade be scarified to a minimum depth of 12 inches, moisture conditioned (if needed), and compacted. In fill areas, the subgrade should be proofrolled to delineate zones of soft soils present near the surface which may require additional removal or compaction, prior to fill placement. We recommend that reworked existing fills or upper two feet of newly placed engineered compacted soils be placed within a moisture content range of -2 to +3 percent of the material's optimum moisture content. Cohesive and granular soils should be compacted to minimums of 95 and 98 percent of material's maximum dry density determined by Standard Proctor (ASTM D -698), respectively. Suitable engineered compacted cohesive subgrade would provide a design support capability equivalent to a CBR value of 3 or a modulus of subgrade reaction value of 100 pounds per cubic inch. It should be noted that subgrade preparation to 1 foot depths for some soil types may not be suitable under repeated heavy construction vehicle loads and may require stabilization to greater depths. The subgrade preparation should be completed shortly before paving operations commence and is to be maintained in suitable condition until paved. Damages caused by construction traffic or deterioration due to adverse weather are to be repaired prior to paving. Subgrade compaction, moisture content and depth should be verified by a TEAM Services representative prior to pavement operations. Page 18 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TEAM Services Surface drainage around the pavement sections is important to long -term pavement performance. Curbs should be backfilled as soon as possible, once adequate pavement strength is achieved. The backfill should be compacted and sloped to prevent water from ponding and infiltrating under the pavement. Water allowed to pond adjacent to the pavement could saturate the subgrade and contribute to premature pavement deterioration. Pavement Thicknesses Either flexible (hot mix asphalt, HMA) or rigid pavement (Portland cement concrete, PCC) types could be constructed on a prepared cohesive subgrade. If the existing fill is left in place beneath the surface parking areas, it may be beneficial to utilize hot mix asphalt since it is easier to patch and /or repair. The following Table E summarizes alternate pavement thicknesses for typical lightly- loaded and heavily- loaded paved areas constructed directly on the cohesive subgrade and on a granular base placed on the prepared cohesive subgrade. A more specific pavement evaluation can be provided if traffic volume and loading information is available. The below pavement thicknesses are considered to be typical and would require periodic maintenance. This maintenance would consist of sealing cracks and replacement of isolated distressed areas. Thicker pavement sections would reduce maintenance and increase the pavement service life. Likewise, thinner sections would be expected to have a shorter service life that still may satisfy particular project needs but may require more maintenance. Other criteria which influence pavement service life include surface drainage, subsurface drainage, paving material quality, and joint design. Construction procedures involving placement, finishing, curing, jointing and weather protection can significantly impact pavement performance. Page 19 of 21 i Subsurface Exploration TEAM Services Six Story Building - Iowa City, Iowa TEAM Report No. 1 -3398 October 9, 2013 TABLE E TYPICAL PAVEMENT THICKNESSES 1) PCC - Flexural strength of 550 psi (compressive strength of 4000 psi). - Structural coefficient of 0.50 /inch. 2) Type A HMA mix with a minimum of 60% crushed aggregate - Structural coefficient of 0.44 /inch. Type B Class I HMA mix with a minimum of 30% crushed aggregate - Structural coefficient of 0.40 /inch. 3) Automobile and 1 to 2 trucks average daily traffic. 4) Entrances, delivery areas, dumpster areas or other areas of heavier truck traffic (25 trucks or less per day). 5) Crushed rock structural coefficient of 0.12 /inch. QUALIFICATION OF REPORT Our evaluation of foundation support conditions has been based on our understanding of the site and project information and the data obtained in our exploration. The general subsurface conditions utilized in our foundation evaluation have been based on interpolation of subsurface data between the borings. In evaluating the boring data, we have examined previous correlations between soil properties and foundation bearing pressures observed in soil conditions similar to those at your site. The discovery of any site or subsurface conditions during construction which deviate from the data outlined in this exploration should be reported to us for our evaluation. The Page 20 of 21 Subsurface Exploration Six Story Building - Iowa City, Iowa TEAMReport No. 1 -3398 October 9, 2013 TEAM Services assessment of site environmental conditions or the presence of pollutants in the soil, rock, and groundwater of the site was beyond the scope of this exploration. Support of structures on existing fill is discussed in this report. Existing fills are potentially much more inconsistent than natural soil deposits. Support of structures upon existing fills carries with it a degree of risk that unsuitable materials may be buried within the fill and not be detected in the inspection and testing program recommended herein. Unsuitable materials in the fill may experience settlement and cause distress to structures supported on the fill. Elimination of this risk requires removal of the fill or supporting structures on suitable foundations such that the fill would not adversely affect the structures. It is recommended that the geotechnical engineer be retained to review the plans and specifications so that comments can be provided regarding the interpretation and implementation of the geotechnical recommendations in the design and specifications. It is further recommended that the geotechnical engineer be retained for testing and observation during the foundation construction phase to help determine that the design requirements are fulfilled. This report has been prepared for the exclusive use of our client for specific application to the project discussed and has been prepared in accordance with generally accepted geotechnical engineering practices. No other warranty is provided. In the event that any changes in the nature, design, or location of the project as outlined in this report are planned, the conclusions and recommendations contained in this report shall not be considered valid unless the changes are reviewed and the conclusions of this report modified or verified in writing by the geotechnical engineer. Page 21 of 21 2' Compacted non - expansive cohesive soil cover, sloped to drain away from the building — 1:2 (Horizontal to Vertical) Minimum Granular Limit Line Foundation Wall Free draining granular material (typical) Vapor Barrier /Retarder Floor Slab 30' max, center to center TEAM Services 717 SE 6th Street Des Moines, /A 50309 Rigid drainline min. diameter of 4" (typ.) Excavation limits (not indicative of a safe slope) Below Grade Retaining Wall Figure No. 2 Ka< } � i > C^ j10 C � t iE � *I 1 ah >C o a L CL 0 I a� Y h" 1 pg i pp M M O M N i M z N � �O aA b � o o T�O V1 D OO TT^� fH w V/ U H all O L tn �+ y �1 rA C rl W A F •U a > C^ j10 iE � 0 � O o >C o a L CL 0 d a� Y pp M M O M N i M z N � �O aA b � o o T�O V1 D OO TT^� fH w V/ U H all O L tn �+ y �1 rA C rl W A F Planning and Zoning Commission November 7, 2013 - Formal Page 2 of 11 PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Mary Gravitt of 2714 Wayne said she would like to know if the words "workforce housing" are now part of the City Code. She said she finds the term very insulting and asked what happened to the term "affordable housing ". She said the term "workforce housing" appeared when Marc Moen decided to build skyscrapers. Holecek said they have not codified it in any way. Gravitt asked if the term "affordable housing" is a legal term in the Code. Holecek responded that it's in a number of City documents, including City Steps and the Strategic Plans. Rezoning Item REZ13 -00022 Discussion of an application submitted by Iowa River Redevelopment, LLC for a rezoning of approximately 2.5 -acres of property from Community Commercial (CC -2) zone to Planned Development Overlay /Community Commercial (OPD /CC -2) zone located at 21 W. Benton Street and 820 S. Riverside Drive. Howard showed a number of slides of the proposed development and of the property and the neighborhood. She said the applicant purchased this property from Staples and a condition of the sale was that they develop a small retail building next to the Staples property. She explained that what a Planned Development allows an applicant to do is to adjust the plan to further a vision they have by modifying certain underlying zoning requirements. She said in this case they would like to realize the vision of the Riverfront Crossings Plan. She said the proposed building encroaches into the stream corridor buffer. She said the City requires through the Sensitive Areas Ordinance a fifty foot buffer along the Iowa River. Howard said the applicant would like to build closer to the river because they are constrained by the McDonalds and Stapes sites to get the parking they need, and they would like to integrate the building into the riverbank and put in underground parking that is floodable. She showed examples of what that would look like in the ten, one - hundred and five - hundred year flood. She said all the occupied space in the building is above the five - hundred year flood plain. She said the applicant is also proposing public access to the river, construction of the riverfront trail under the Benton Street Bridge, enhanced landscaping along the river, decorative metal screening to hide the parking, and a rooftop terrace. Howard explained that the concept plan proposes parking, retail and restaurant space on the first level, then open space for access to a river terrace, above that would be office space, and then eighteen units of condos on the upper floors. Howard explained that the smaller retail building would use the existing parking lot on the Staples property. She showed a drawing of the proposed plan. Howard said that this proposal goes a long way toward meeting the goals in the Comprehensive Plan for the West Riverfront Sub - District. She said the applicant has agreed to dedicate ten feet along Riverside Drive in order to create a more pedestrian - friendly streetscape in the future. Howard said the applicant has requested an increase in allowable building height from the thirty - five feet that the CC -2 zone allows to up ninety -five feet for the building they are proposing. She said this increased height would be consistent with the Riverfront Crossings Master Plan, which identifies the opportunity for taller mixed -use buildings along the Iowa to take advantage of river Planning and Zoning Commission November 7, 2013 - Formal Page 3 of 11 views and access. Howard reiterated that the applicant is requesting a reduction in the stream corridor buffer. She said because the site is quite constrained by its surroundings, it would be difficult for them to get the parking they need and realize the vision of the Riverfront Crossings Plan without a reduction in that buffer. She said as a part of any significant reduction, the City requires that the vegetative cover in the remaining buffer be enhanced to stabilize the river bank, so staff is recommending that the applicant submit a more detailed landscaping plan with species appropriate to a riverbank location as a condition of approval. Howard noted that because the trail will encroach into the Iowa River Floodway the applicant must obtain a Department of Natural Resources (DNR) permit to show that there's no rise in the flood level for any encroachment into the floodway. She said they are currently in the process of doing that, so there are some uncertainties of exactly how the building and the trail are going to interface. She said the applicant has presented both the preferred scenario, which is to keep the trail above the 10 year flood level and the worst case scenario, where the trail would be constructed below the 10 year flood level. The applicant has indicated their intent to achieve the preferred scenario, but if after modeling this scenario for the DNR permit it is apparent that it will cause increased flooding downstream, they request allowance to move the trail lower. Staff is comfortable with this approach, as long as the resulting encroachment of the development into the river corridor buffer doesn't foreclose the possibility of extending the trail and the creation of an attractive interface between the trail and the building. Howard noted that the plans for the building design and the site are just conceptual in nature, and there a number of changes that will be necessary to meet all the City's site development standards, improve pedestrian connections, landscaping standards, and details of the building designs to realize the vision of the Riverfront Crossings Plan. However, staff is comfortable with recommending approval with a condition that these details be worked out through the design review process. Howard said that staff feels this is ready for approval with the conditions listed in the staff report that she wishes to be entered into the public record. • Staff recommends that REZ13- 00022, a rezoning of approximately 2.5 acres of land from Community Commercial (CC -2) to Planned Development Overlay — Community Commercial (OPD -CC -2) for property located at 21 W. Benton Street and 820 Riverside Drive, be approved subject to the following conditions: 1) The final design of the development and the resulting encroachment into the required stream corridor buffer will not prevent construction of the Iowa River Corridor Trail; and 2) Prior to approval of the final planned development plan, the owner will dedicate to the City of Iowa City, 10 feet of property along the Riverside Drive frontage of property at 820 S. Riverside Drive to use for public right -of -way purposes; and 3) Prior to approval of the final planned development plan, the owner will establish a cross access easement between the property at 21 W. Benton and the property at 804 S. Riverside Drive (McDonald's restaurant property) at a location acceptable to the City and will agree to close the access point to Benton Street from 21 W. Benton St. and combine and share an access with the property at 804 S. Riverside Drive when that property redevelops through use of the cross access easement; and 4) The applicant will present a more detailed pedestrian circulation and landscaping plan for the site and for the areas along the Iowa River to the City for approval through the design review process prior to issuance of a building permit. The submitted plan should show enhanced vegetation appropriate for the location along the Iowa River, street trees, and landscaped pedestrian routes throughout the site; and Planning and Zoning Commission November 7, 2013 - Formal Page 4 of 11 5) The final design of the buildings and the site will be reviewed and approved through the design review process to be consistent with the Riverfront Crossings Master Plan and other zoning requirements. Theobald asked about the DNR permit. Howard said the applicant has to show that it won't affect the flood capacity of the rest of the river. Swygard asked about the trail and the landscaping on the trail. Howard said the trail extends to the edge of the commercial property and may be designed in a fashion similar to what's already been built, with rails along some portions. She said the trail would be built to the City's specifications. Thomas asked about the parking requirements. Howard said there is adequate parking with sharing parking with Staples and throughout this whole site, even under the CC -2 zoning standards now for the two new commercial buildings, and the residential parking will be in a below grade structure under the new building along the river. Thomas wondered if there may be an opportunity to reduce the total amount of parking from what's shown on the plans to create a better environment for pedestrians, particularly if people will be living in this location. Howard acknowledged that currently the area along Riverside Drive is an auto - oriented area, so businesses are going to insist on having a certain amount of parking. She said while the Riverfront Crossings Code will likely have a lower parking requirement, it does not set a maximum, so allows the market to determine how much parking is needed over time. She said with the parking sharing with Staples, there may be an opportunity to reduce the amount of parking, but the amount of parking will be market - driven, in general. Eastham asked if the number of surface parking spaces for this property is set by the Code requirements. Howard said the parking the applicant is showing on the plan is the parking they would like to have, and it also happens to meet the requirements for the CC -2 zone. Eastham said he agrees with Thomas about the opportunity to require less parking than what is on the current plans. Howard said it is likely that the new code that is adopted for Riverfront Crossings will have a lower parking requirement, such that it could be reduced. Dyer asked if the Mum's driveway will still exist. Howard said it will remain to provide access to this new property, but if the McDonalds redevelops, they would be required to share the driveway and close the Mum's drive. Eastham asked if there are safety concerns about the traffic turning east and west out of both driveways onto Benton Street. Howard said the Traffic Engineers have said it's not ideal, and it should be closed if there's an opportunity to do so in the future. Eastham asked if residents of the condos will have access to the building during a 500 -year flood. Howard said with a 500 -year flood, the building and the parking lot that are to the west of the building are both above the 500 -year flood plain. She said the pedestrian access to the building is on west side, but the parking level would be flooded. Theobald said that Howard had mentioned that the City would reimburse the developers for the trail, but if the DNR says it has to be built lower than the ten year flood would the City be just as committed to constructing the trail. Howard said staff is recommending the condition that if for some reason this development would preclude the construction of a riverfront trail, it should not be approved. She said she doesn't think that's going to be the case. Eastham asked what the width is between the trail and the riverbank and the trail and the building. Howard stated that this would vary based on the water level in the river. Howard said Planning and Zoning Commission November 7, 2013 - Formal Page 5 of 11 staff is recommending as a condition of approval that once the modeling is complete, that the applicant provide a more detailed landscaping plan to show how the trail will relate to the riverbank and the building. Eastham asked if the trail placement has to be lower due to a DNR ruling would this plan come back before the Commission or would the design be handled by Staff. Howard said the design would be negotiated between the Public Works Department and the applicant. Howard said the applicant has presented worst and best -case scenarios and would like the Commission to consider both of them. Eastham asked about a driveway that is a route for the trucks delivering to the dock behind Staples. Howard said the City requires businesses to have a network of driveways and aisles in such large parking lots for better circulation. Eastham asked if the staff considered as a condition additional landscaping in an area of parking stalls to the west of the proposed building. Howard said the only opportunity for enhanced landscaping, due to width requirements of the two -way aisle between the parking spaces, would be between this parking lot and the McDonalds site and whatever they can achieve with planters along their building, which will require some pedestrian access and ramps. Eastham asked if the City will have the authority to approve whatever paving material is used for the parking lot so that it won't deteriorate over time due to the soil conditions on this site and become unsightly. Howard replied that the City does have standards for construction of parking areas, and the developer will have to make sure the soils are appropriate as a base for a parking lot built to City standards. Dyer said she thought in the Riverfront Crossings Plan the parking was supposed to be in back of buildings rather than in front. Howard replied that there are two frontages at this property, Benton Street and Riverside Drive. She said for the new building along Benton Street the parking would be located to the side and underneath the building with the building located closer to the street. She said there is an agreement between the developer and Staples that any new building can't be placed further forward than the Staples building. She explained that this west riverfront area doesn't lend itself well to a form -based code because it's not a typical urban area, so the Code will have a lot of flexibility to mitigate for existing conditions. The goal would be to improve this corridor incrementally over time by increasing the mix of uses and improving conditions for walking and biking. Theobald asked if a reduction in the river buffer zone would preclude public access to the trail. Howard explained that if the applicant can't fit the trail into that space, staff is suggesting that this plan not be approved. Eastham asked who will have responsibility for maintaining the trail on both this property and its extension. Howard said it would be the City's responsibility. Holecek added that the City will secure public access through a public access easement over the trail. Thomas asked if the retaining wall would also be maintained by the City. Howard said it would. Eastham opened public discussion and invited the applicant to speak. Kevin O'Brian of 351 Hutchinson Avenue said if there couldn't be a trail they would not be interested in developing this site, as it would be to the residents' and merchants' advantage to be able to walk and bike downtown. He said they hope that once the river is improved perhaps even for whitewater kayaking this site will be a trailhead and become a gathering point. He said he owns the McDonalds franchises in town, and he hopes that the corporation will let him use Planning and Zoning Commission November 7, 2013 - Formal Page 6 of 11 materials for a remodeling of the adjacent McDonalds that will match those used in the proposed building. O'Brien said that this project will create connectivity from Benton Street to Riverside Drive. Thomas asked if the applicant would be able to modify the landscape on the McDonalds site. O'Brien said they would probably wait until they remodeled the McDonalds site and tie in that landscaping with what they are proposing for the Mums site. O'Brien explained that they brought a concept plan to the Board of Adjustment that would have revamped the McDonald's site to look similar to the Mormon Trek site, but the property owners weren't willing to allow the drives to be combined because of what might happen if McDonalds wasn't there in the future. He said he hopes that completion of the proposed project will show the McDonalds landowners that this is a long -term project, but he can't guarantee that. Martin asked what the engineers' findings were of how flooding and moving water will affect erosion underneath the proposed site as time goes on considering the density of this project. Matthew Barron of 1924 Muscatine Avenue, engineer for the applicant, said he has thoroughly reviewed the geo- technical report and said the riverbank conditions have existed for a significant amount of time and the soils are ones that remain after extensive river erosion and the existence of the proposed buildings will not affect that condition. Theobald asked how removing organic soils and replacing them with non - organic materials for back -fill will affect run -off into the river. Barron explained that their standard building practice is to strip away the top layer of decomposable organic material within the footprint of the building and replace it with soil material that's structurally sounder. He said the soil that would be taken out would be under the building footprint for the foundation and that the organic soils surrounding the building would remain as is. Theobald said she assumes that when the DNR looks at flooding, they look at that. Howard said that's one reason staff has suggested they work with the applicant to get an enhanced landscaping plan for the portion of the site where they aren't encroaching into the buffer. Thomas asked about wall height above the river and what the wall would be made of. Mark Seabold, an architect for Shive - Hattery, said that will fluctuate with the height of the river and the trail system and follow the profile of the trail system. Mike Muhlenbruch, civil engineer for Shive - Hattery, said the retaining wall constructed to support the trail will likely be three to four feet above the water surface and will most likely be cast in place concrete. Thomas asked if the trail had to come down closer to the river how high above the river would the trail be. Muhlenbruch said it would be a couple feet above normal river elevation. Eastham asked if the river elevation that occurred this spring and early summer have put this trail under water. Muhlenbruch said with the preferred trail level, which is at an elevation of 742 feet with the wall, the water would not have topped the wall. Martin asked if the removal of some of the larger trees for this project will affect the eagle population in the area. She asked if they would have a problem with eagles nesting on the rooftop garden. The applicants said they would work with it. Eastham asked if there are regulatory considerations where eagles and ospreys may be nesting Planning and Zoning Commission November 7, 2013 - Formal Page 7 of 11 now that would affect development plans. Martin said they are migratory, so they will be here later, and she doesn't know how or if the building and the landscaping will affect that population. Seabold said their landscape architect had visited the site and seen no birds, but they probably would relocate nearby in wooded areas. O'Brien said they think this project will be the gateway for Riverfront Crossings as well as help with the redevelopment of Riverside Drive. He said the applicants would like to expedite the planning process and work with the City in getting the DNR permit and in getting the trail at the desired height. He said they don't want to wait to start work on the rest of the site until they know if they can get the higher trail. Howard stated that they would need to discuss that, but that the understanding was that the modeling would have to be completed prior to commencing construction. Eastham asked what parts of the trail on the west side of the river will be flood -prone between the proposed building and Burlington Street. Muhlenbruch said the point under the Benton Street Bridge will be the lowest point. Eastham asked if there is a way for trail users to get around the trail on this property if it is lower and floods. Muhlenbruch said at the southern end of the property there will be a walk that comes up from the trail. Howard said there are still adjustments to be made to some of the pedestrian connections to ensure that there is a clear route through the property to Riverside Drive and to Benton Street, which would become the alternate routes for the trial if it were to flood. Eastham asked where the air conditioning units will be placed. Seabold said it's an approximately 10,000 square foot roof, and there will be mechanical equipment on it that they will screen from view. Thomas asked how the corridor wall running along the west side of the building will be constructed. Seabold replied that it would be a glass wall looking to the west with a vegetative screen on the outside. He said they are still working on the design of the west facade. Theobald asked how much green space there will be on the roof. Seabold said it would be beyond the ten percent required. Dyer asked if there are plans to seek LEEDs certification for this proposed building. Seabold said not necessarily, but they are looking at all the sustainable strategies they can use. Howard informed the Commission that she received a phone call and an email before the meeting from Tom Bender, a business owner located to the south of the proposed site, and he expressed his support of the development and particularly the extension of the trail that can be extended south to provide benefit the larger area. (Due to a computer glitch Howard was not able to print the email and distribute it to the Commission prior to the meeting, so she wanted to verbally inform the Commission. This correspondence will be distributed to the City Council with the other meeting materials). Eastham asked for public comment. Ruth Baker of 515 Benton Street said this project is something that should be approved. She said O'Brien does a good job of taking care of his properties. She asked for clarification about a sidewalk going out to Riverside Drive. Howard showed Baker how a sidewalk could be integrated into the parking lot. Baker asked if there is a vision for the smaller building on the south side of the site. Planning and Zoning Commission November 7, 2013 - Formal Page 8 of 11 Eastham pointed out a concept plan for that building and said the use has not been determined yet. Howard said the idea is that the building should meet the goals of the Riverfront Crossings Plan. Baker said she liked the idea of taking up some of the Staples large concrete parking expanse. She said this project would be encouraging for other businesses in the area and hopefully a starting point to improve the appearance along Riverside Drive. Eastham closed public discussion. Thomas moved to recommend approval of REZ13- 00022, a rezoning of approximately 2.5- acres of land from Community Commercial (CC -2) zone to Planned Development Overlay /Community Commercial (OPD /CC -2) for property located at 21 West Benton Street and 820 South Riverside Drive and that it be approved subject to the five conditions entered into the record by staff during the presentation this evening. Martin seconded. Theobald said she thinks this is a beautiful building and has obviously had a lot of thought put into it. She said her one concern is the way it addresses the river, and she thinks the eagles are a huge part of that area. She noted that she had recently seen an osprey swooping over the river in that area, and she hopes in the process of more detailed landscape plans that is taken into consideration. She said she thinks the wildlife and the river are a big part of the attractiveness of the area and could be an asset for the building. She said she's really excited about the project. Martin said she completely agrees with that. She asked if there are laws stopping property owners from actively trying to shoo eagles away. Holecek said she didn't know. Eastham asked if staff might give some thought to the Riverfront Crossings Plan's provisions for paying attention to wildlife habitat along the river corridor. Miklo said they discussed at staff level that this was one of the few places where it perhaps made sense to reduce the fifty foot buffer because it's right at the Benton Street Bridge, and it has access to the Ned Ashton Park. Martin said she agrees with where this is at at this stage of the design, but she wants to bring the wildlife habitat issue up so the Commission is thinking about it as there is more development. Eastham asked if during the development of the Riverfront Crossings Plan there was discussion if a fifty foot buffer was enough along both sides of the river for wildlife to use as habitat. Miklo said farther to the south on the east side much of the land will be under public control so there will be a much wider natural area. He said that by reducing the buffer at this site, they are not committed to reducing it anywhere else. It will be on a case by case basis. Thomas said this is a difficult site. He said he thinks the project complies with the Riverfront Crossings Plan in terms of building height and density, but the real challenge is with the context. He said the project succeeds as it relates to the riverfront, and he appreciates the idea of using the trail as a means of connection, but he feels that on the west side of the project there is no connectivity to Riverside Drive. He said as the process continues, he would like to see that addressed so that the area won't simply be an automotive experience, but also a pleasant Planning and Zoning Commission November 7, 2013 - Formal Page 9 of 11 pedestrian experience for people in the neighborhood. He said he really would like to see the site plan taken further before signing off on it. He said he would like to see this as an opportunity for the applicant to redesign the whole corner of Benton Street and Riverside Drive. Theobald asked if the trail on Highway 1 will connect to this one. Miklo said currently it is not planned, but in the long -term they hope to. Swygard said she views this project as very positive for this neglected and under - developed part of town. She said one of the goals with the Riverfront Crossings Plan was to create more of a view of the river, and the proposed building actually will block it from the west. She said the second building blocks any sort of visual corridor, but she likes the way it was designed to blend in with Staples and start to create a visual cohesion for the area. She likes the breeze -way in the center of the main building that will provide for river viewing. She would like to see more windows on the north wall of the second building to open up the building as viewed from the north. She would like rails on the trail to ensure public safety. Eastham said he sees the difficulties in trying to make pedestrian attractiveness fit with this part of Riverside Drive. He said this may be helped by the fact that three -fifths of this building will be residential, unlike any other building currently in this area on the west side of the river. He said the design of the building is very attractive. He said orienting the balconies to face the northeast is a brilliant idea. He said at least they are trying to make some sort of pedestrian utilization of this area. He said they do need to pay attention to the wildlife habitat as they go forward with development of the area. He said this project is a good idea. Swygard said she has a big concern about the two drives, especially the one closest to the bridge, as traffic makes a left -hand turn out of it extremely difficult. Dyer said she's been hoping for years that someone would build a building that's not just a rectangle, but this one is a pretty nice rectangle. She's pleased that it's not privatizing the river. She said interest in maintaining the trail is really important. Eastham commended the staff for working so hard to get the proposal to this point. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: October 17, 2013 Swygard moved to approve the minutes. Theobald seconded. A vote was taken and the motion carried 6 -0. OTHER Holecek introduced Eric Goers from the City Attorney's Office who will be staffing the Commission's meetings during Sara Greenwood Hektoen's absence. ADJOURNMENT: Swygard moved to adjourn. .� 12-Tr-M' 5b Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00023) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.78 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT-SINGLE FAMILY RESIDENTIAL (ID -RS) LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS. (REZ13 -00023) WHEREAS, the applicant, the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on Sycamore Street south of the current city limits from County Residential (R) to Neighborhood Public (P -1) and Interim Development - Single Family Residential (ID -RS); and WHEREAS, the Comprehensive Plan indicates that the southern portion of the subject property is appropriate for Neighborhood Public zoning; and WHEREAS, the Comprehensive Plan- South District Plan indicates that the southern portion of the subject property is an appropriate location for a school; and WHEREAS, Interim Development zoning is appropriate for the northern portion of the property until such a time as a development plan is submitted in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has 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 County Residential (R) to Neighborhood Public (P -1) and Interim Development - Single Family Residential (ID -RS) as follows: LEGAL DESCRIPTION Description : The approximately 29.07 acres described below is hereby reclassified and rezoned from County Residential (R) to Interim Development - Single Family Residential (ID- RS): A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S01 °02'07 "E, along the East Line of the Northwest Quarter of said Section 26, a distance of 1753.98 feet; Thence S89 000'10 "W, 989.09 feet; Thence N00 059'50 "W, 60.00 feet; Thence N89000'11 0"E, 274.88 feet; Thence N01 002'07"W, 1686.17 feet, to a Point on the North Line of said Northwest Quarter; Thence N88 022'36 "E, along said North Line, 714.21 feet, to the Point of Beginning. Said Zoning Parcel contains 29.07 Acres (1,266,348 square feet), and is subject to easements and restrictions of Record. Description: The approximately 15.78 acres described below is hereby reclassified and rezoned from County Residential (R) to Neighborhood Public (P -1): A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of the Southeast Quarter of the Northwest Quarter of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N01 002'07 "W, along the East Line of said Southeast Quarter of the Northwest Quarter, 250.01 feet, to the Point of Ordinance No. Page 2 Beginning; Thence S88 °24'05 "W, 1056.21 feet; Thence N33 °56'01 "W, 287.10 feet; Thence N71 °52'45 "E, 233.05 feet; Thence N00 °59'50 "W, 347.99 feet; Thence N89 °00'1 0 "E, 989.09 feet, to a Point on said East Line of the Southeast Quarter of the Northwest Quarter; Thence S01 002'07 "E, along said East Line, 646.48 feet, to the Point of Beginning. Said Rezoning Parcel contains 687,186 Square Feet (15.78 Acres), and is subject to easements and restrictions of record. 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 va 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 12/03/13 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 12/17/13 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: Nbne. :ABSENT '"None Date published sc Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00025) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 15.14 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P -1) LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD. (REZ73 -00025) WHEREAS, the applicant, the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on American Legion Road and Barrington Road from County Residential (R) to Neighborhood Public (P -1); and WHEREAS, the Comprehensive Plan- Southeast District Plan indicates that the subject property is appropriate for public open space; and WHEREAS, the Comprehensive Plan- Southeast District Plan indicates that locating a school site near neighborhood destinations like public open spaces is advisable; and WHEREAS, Neighborhood Public zoning complies with the intent of the Southeast District Plan; and WHEREAS, the Planning and Zoning Commission has 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 County Residential (R) to Neighborhood Public (P -1): LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89 °49'55 "W, along the South Line of the East One -Half of the Southeast Quarter of said Section 18, a distance of 1317.87 feet, to the Southwest Corner of said East One -Half; Thence N00 °31'57 "E, along the West Line of said East One -Half, 700.14 feet, to the Point of Beginning; Thence continuing N00 °31'57 "E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1 of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S89 °25'05 "E, along said South Line 0.76 feet, to the Southeast Corner of said Lot 1; Thence N00 °33'48 "E, along said the East Line of said Lot 1, a distance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American Legion Road SE; Thence S66 °43'53 "E, along said Centerline, 602.89 feet; Thence S23 °16'07 "W, 61.50 feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose 157.99 foot chord bears SO4 °25'14 "E; Thence S32 °06'35 "E, 254.99 feet; Thence Southeasterly 131.15 feet along a 230.00 foot radius curve, concave Southwesterly, whose 129.38 foot chord bears S15 046'27 "E; Thence S00 033'41 "W, 361.88 feet; Thence N89 °26'19 "W, 720.68 feet, to the Point of Beginning. Said Parcel of Land contains 15.14 Acres (659,342 square feet), and is subject to easements and restrictions of record. 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 Ill. 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. Ordinance No. Page 2 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 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/03/13 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 12/17113 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Date published sa Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ- 00024) ORDINANCE NO. 13 -4565 ORDINANCE REZONING APPROXIMATELY 3.77 ACRES FROM INTERIM DEVELOPMENT SINGLE FAMILY (ID -RS) ZONE TO PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE FOR CARDINAL RIDGE PART 4, LOCATED ON CAMP CARDINAL ROAD SOUTH OF KENNEDY PARKWAY. (REZ- 00024/SUB13- 00018) WHEREAS, the applicant, The Crossings Development LC, has requested a rezoning of property located at Camp Cardinal Road from Interim Development Single Family (ID -RS) zone to Planned Development Overlay — Low Density Single Family (OPD -5); and WHEREAS, the Comprehensive Plan indicates that this area is appropriate for single - family residential development; and WHEREAS, the Planning and Zoning Commission has 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 ID -RS to OPD -5: LEGAL DESCRIPTION: A PART OF OUTLOT "C ", CARDINAL POINTE SOUTH PART ONE AS RECORDED IN BOOK 53, PAGE 153 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND A PART OF OUTLOT "D ", CARDINAL POINTE SOUTH PART TWO AS RECORDED IN BOOK. 52, PAGE 279 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE SO °18'40 "W ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID NORTHEAST QUARTER AND THE WEST LINE OF OUTLOT "E ", CARDINAL RIDGE PART TWO AS RECORDED IN BOOK 50, PAGE 55 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER, 674.54 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N20 °52'10 "W, 299.58 FEET; THENCE N23 °39'53 "W, 98.09 FEET; THENCE N12 °11'00 "W, 180.00 FEET; THENCE N9 °47'39 "W, 101.86 FEET; THENCE N1 °52'18 "W, 106.42 FEET; THENCE NO °02'58 "E, 356.96 FEET TO THE SOUTHERLY RIGHT O WAY OF KENNEDY PARKWAY; THENCE EASTERLY 141.30 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE ARC OF A 826.43 FOOT RADIUS CURVE, CONCAVE NORTHERLY (CHORD BEARS S84 °48'52 "E, 141.13 FEET); THENCE SOUTHEASTERLY 31.36 FEET ALONG SAID SOUTHERLY RIGHT OF WAY AND THE WEST RIGHT OF WAY OF CAMP CARDINAL ROAD AND THE ARC OF A 20.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S44 °51'28 "E, 28.24 FEET); THENCE SO °19'07 "W ALONG SAID WESTERLY RIGHT OF WAY, 108.03 FEET; THENCE S89 °41'07 "E ALONG THE SOUTH RIGHT OF WAY OF CAMP CARDINAL ROAD, 50.00 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 12 AND THE WEST LINE OF SAID OUTLOT "E "; THENCE SO °19'07 "W ALONG SAID EAST LINE AND SAID WEST LINE, 293.80 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 164,159 SQ.FT., 3.77 ACRES SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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 Ordinance No. 13 -4565 Page 2 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 approve t is 17th day of December, 2013. MAYOR ATTEST: _ ) CITY CLERK Approved by City Attorney's Office Iv IlP�I 3 Ordinance No. 13-4565 Page 3 It was moved by Dobyns 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 11/12/13 Voteforpassage: AYES:Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 12/03/13 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published 10 Prepared by: Ron Knoche, Engineering, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5139 ORDINANCE NO. 1 i -4566 AN ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 6, " STORMWATER UTILITY FEE" AND AMENDING TITLE 16 ENTITLED "PUBLIC WORKS," CHAPTER 3, "CITY UTILITIES," ARTICLE G, "STORM WATER COLLECTION, DISCHARGE AND RUNOFF," SECTION 10(F)(3) TO CHANGE THE RATE OF THE STORMWATER UTILITY FEE. WHEREAS, pursuant to Chapters 384 and 388, Code of Iowa (2013) the City of Iowa City is authorized to establish a stormwater utility and provide for the collection of rates and charges to pay for said utility; and WHEREAS, stormwater utility rates fund the stormwater utility system over time; and WHEREAS, the flat rate for an Equivalent Residential Unit (ERU) will increase from $3.00 to $3.50, and the multiplying rate for non - residential properties will increase from $1.25 to $1.50. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6, entitled "Stormwater Utility Fee" is hereby amended by increasing the fee to $3.50. SECTION II. AMENDMENT. Title 16, Chapter 3, Article G, Section 10, Subsection F, entitled "Determination of Storm Water Utility Charge ", Paragraph 3, is hereby amended by substituting one dollar twenty five cents ($1.25) with one dollar fifty cents ($1.50). SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 2014. Passed and approved this 17th day of npr pmh Pr , 20—L3___ LTJ •� r - A oved by City Attorney's Office Ordinance No. 13 -4566 Page 2 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 12/03/13 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. 12-17-1, 11A Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 13 -4567 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," TO CHANGE THE DEFINITION OF PEDICAB. WHEREAS, the City Code defines a pedicab as a vehicle propelled only by human power; WHEREAS, Velotaxis are 3- wheeled tricycles used in U.S. and international cities to transport passengers for hire that utilize a small motor to provide additional power for large hills; WHEREAS, the definition of pedicab should be amended in order to treat Velotaxis, or similar vehicles, as pedicabs for purposes of taxicab business licensing; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by deleting the definition of "pedicab" and substituting the following new definition of "pedicab ": A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17 day of December , 2013. =-, . ATTEST: &,�� i�- -2e� CITY CLERK Approved by City Attorney's Office Ordinance No. 13 -4567 Page 2 It was moved by Mims and seconded by Throgmortnn 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 12/03/13 Vote for passage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration - - - - -_ --------------- - Vote for passage: Date published 12/26/13 Moved by Mims, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting-At which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None.