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HomeMy WebLinkAbout2014-03-04 Ordinance06 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ12- 00001) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 8.7 ACRES OF PROPERTY FROM NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE. (REZ12- 00001) WHEREAS, the applicant, Southgate Development Services, L.L.C., has requested a rezoning of property located west of Mormon Trek Boulevard and north of Westwinds Drive from Neighborhood Commercial (CN -1) to Community Commercial (CC -2); and WHEREAS, the Comprehensive Plan- Southwest District Plan indicates that the subject property is appropriate for community commercial use; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval with conditions limiting outdoor storage, freestanding signs, and drinking establishments in order to ensure that the commercial area remains compatible with the surrounding established residential neighborhood; and WHEREAS, the owner and applicant have agreed that the conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Neighborhood Commercial (CN -1) to Community Commercial (CC -2): LEGAL DESCRIPTION Lots 3, 4 & 5, Walden Square Part Two as recorded in Plat Book 33, Page 226. 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 App oved by 'City Attorney's Office Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ12- 00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Walden Square Investments LC, (hereinafter "Owner "), and Southgate Development Services, L.L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 8.70 acres of property located west of Mormon Trek Boulevard and north of Westwinds Drive; and WHEREAS, the Owner has requested the rezoning of said property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding outdoor storage, freestanding signs, and drinking establishments, the requested zoning is consistent with the Comprehensive Plan and compatible with the surrounding established residential neighborhood; and WHEREAS, the conditions controlling building design, outdoor storage, freestanding signs, and drinking establishments, are intended to minimize externalities that may conflict with adjacent residential uses and to ensure the shopping center continues to serve the neighborhood and function as an asset to the surrounding residential uses: and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the surrounding residential neighborhood; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Walden Square Investments LC is the legal title holder of the property legally described as "Lots 3, 4 & 5, Walden Square Part Two as recorded in Plat Book 33, Page 226." 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest district plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the ppdadm /agVrezl2 -00001 conditional zoning agreement.doc zoning chapter, as well as the following conditions: • Future development or redevelopment must adhere to the CN -1 standards for Outdoor Storage and Display and Building Design (Iowa City Code of Ordinances Sections 14 -2C -7K through O, as amended); • Any outdoor display shall be limited to 1,000 square foot; • Development of the property shall be limited to the one existing freestanding sign; • The occupancy load for any new drinking establishment will not exceed one hundred (100) unless a special exception is approved allowing an increase to a maximum of one hundred, twenty -five (125). 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2014. CITY OF IOWA CITY Walden Square Investments LC Matthew J. Hayek, Mayor By: Attest: Southgate Development Services, L.L.C. Marian K. Karr, City Clerk By: ppdadm /agt /rez12 -00001 conditional zoning agreement.doc 2 Approved by: 'S�r��. ity Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20_ 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 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20_ by as of , Inc. Notary Public in and for said County and State LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged as _ before me on 20_ by of , L.L.C. Notary Public in and for said County and State ppdadm /agt /rez12 -00001 conditional zoning agreement.doc 3 STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz Item: CPA12- 00006 /REZ12- 00001/ Date: January 16, 2014 Comp Plan Amendment and Rezoning CN -1 to CC -2 Walden Square GENERAL INFORMATION: Applicant: Southgate Development Services 755 Mormon Trek Boulevard Iowa City, Iowa, 52246 Contact Person: Phone: Glenn Siders 755 Mormon Trek Boulevard Iowa City, Iowa, 52246 319- 337 -4195 asiders sgdev.net Requested Action: Comprehensive Plan Amendment to change the Future Land Use Map Rezoning from CN -1 to CC -2 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: 8.7 acres Shopping Center - CN -1 North: Residential - RM -12 South: Residential and commercial - OPD /RS -12 and CN -1 East: Single family residential - RS -5 West: Residential - RM -12, OPD /RS -12, P- Southwest District Plan — Neighborhood Commercial December 13, 2012 Waived while applicant and staff investigated various options. BACKGROUND INFORMATION: The applicant is requesting a Comprehensive Plan Amendment and rezoning for the 8.7 -acre shopping center (Lots 3, 4, 5 of Walden Square Part Two on Mormon Trek Boulevard) to allow the Neighborhood Commercial (CN -1) zone to be reclassified as Community Commercial (CC -2) zone. The applicant believes that present market demand calls for expansion of commercial uses beyond what is allowed in the CN -1 zone. For example, Southgate would like to expand its real estate development and management office within Walden Square into an adjacent vacant storefront. The CN -1 zone limits ground floor office space to 2,400 square feet and places other size limitations retail and eating and drinking establishments. The applicant notes that the build - out of the commercial area and the success of its existing uses make big -box style retail or automobile centered uses unlikely. The Southwest District Plan Map, shows this area as appropriate for neighborhood commercial, so an amendment to the Comprehensive Plan will be necessary for this rezoning to be approved. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and have not had discussions with neighborhood representatives, however letters from representatives two other businesses located in the shopping center (Fareway Food Stores and the University of Iowa Community Credit Union) indicate that they have no objection to the proposed rezoning. ANALYSIS: The Comprehensive Plan calls for commercial development to occur in defined nodes, including small -scale commercial centers, typically located at the intersection of two arterial streets. The plan calls for appropriate transitions between commercial areas and residential zones. The neighborhood commercial section of the plan notes that certain aspects of commercial development, such as auto - oriented uses, parking lots, bright lights, and signage need to be located, screened or buffered so they do not detract from nearby residential uses. The Southwest District Plan describes the focus of Walden Square commercial development as a mix of retail services that provide for the everyday shopping needs of the surrounding residential neighborhoods. This continues to be true with the established full - service grocery store, pharmacy, and bank. Improved pedestrian crossings on Mormon Trek Boulevard and established trees and landscaping have made the area more appealing and safe for pedestrians. The Willow Creek Trail runs adjacent to Walden Square, allowing neighborhood residents to bike and walk to these shops, however most commercial customers do travel by car. The Southwest District Plan cites Mormon Trek Boulevard as one of the arterial streets forming the backbone of the transportation network in the district, providing a vital north -south connection between Highway Six in Coralville and Highway One in Iowa City. It is one of the only direct north - south connections that crosses the west University campus. According to the district plan, Mormon Trek serves two important functions: providing travel routes for vehicles, bicyclists, and pedestrians through and to different parts of the community; and providing access to adjacent neighborhoods via collector and local streets. The Johnson County MPO is in the process of preparing a plan to address traffic concerns along Mormon Trek Boulevard, and specifically near the intersection with Benton Street. Because the shopping center is already fully developed and no expansion of the zone is being proposed, it is unlikely that significant increases in traffic would result from the proposed change in zoning. The Southwest District Land Use Map depicts Walden Square as appropriate for neighborhood commercial development. If this rezoning is to be approved the plan map should be amended to show general commercial development. Current Development Since its original development and CN -1 zoning designation, several successful businesses have established in the shopping center: Fareway Foods, Hartig Drug, and the University of Iowa Community Credit Union in addition to a Laundromat, coffee shop, and a number of restaurants. Other than the Walmart store on Highway 6 and the future Aldi to be located on Highway 1 near Ruppert Road, Walden Square has provided the only full - service grocery and pharmacy on the 3 west side of Iowa City. While these uses serve the immediately adjacent neighborhoods, the shopping center draws heavily from the entire west side of Iowa City in addition to University Heights and portions of Coralville. Given the limited overall size of the shopping center, Staff believes amending the Comprehensive Plan and changing the zoning is unlikely to undermine the established retail uses or substantially increase the intensity or the overall use of the center, but will allow more flexibility for expanding existing uses and renting space as vacancies occur. The change to general commercial seems appropriate given the shopping center's central location for westside neighborhoods and its ready access via Mormon Trek Boulevard and Benton Street. Current Zoning The intent of the CN -1 zone is to promote a unified grouping of small -scale retail sales and personal - service uses in a neighborhood shopping area that primarily serves nearby residential neighborhoods. The standards for the zone promote pedestrian- oriented development with site design, building articulation, scale, and proportion typical of traditional main street design at an intensity level compatible with the surrounding residential neighborhoods. Allowed uses are restricted in size to reserve opportunities for smaller, neighborhood - serving businesses, and to limit adverse impacts on nearby residential areas. CN -1 zones are generally located with direct access to an arterial street. CN -1 zones may not exceed 10 acres in size. Proposed Zoning The intent of the CC -2 zone is to provide for business districts that serve a significant segment of the community. In addition to a variety of retail goods and services, these centers may feature large traffic generators requiring access from major thorough fares. While these centers are usually characterized by indoor operations, outdoor activities are allowed so long as they are screened or buffered to ensure compatibility with surrounding uses. Comparison of CNA and CC -2 zone Although both the CN -1 and CC -2 zone allow a wide variety of office, retail, restaurant, and personal service uses, the CN -1 zone places limits on the size of these uses to help assure that businesses are appropriate in scale for a neighborhood shopping area. • Offices are limited to 2,400 square feet on the ground level (per business). If two floors are used, additional office space is permitted up to 5,000 square feet. The purpose of this provision is to help assure that offices that locate in the zone are of a type and scale that serve nearby neighborhoods and to reserve ground floor space for uses such as retail, restaurants, and personal services (e.g. barbers and hair stylists). • Drugstores and hardware stores are limited to 15,000 square feet of gross floor area; grocery stores are limited to 30,000 square feet of gross floor area. • Grocery stores that include other departments for goods such as pharmacies, my contain up to 40,000 square feet, provided that any floor area that exceeds 30,000 square feet is departmentalized for nonfood products and services. • Other retail sales uses are limited to 2,400 square feet, though they may be enlarged to 5,000 square feet by special exception so long as the increased floor area will be supportable primarily by residents of the surrounding area. • Indoor recreational uses are limited to 5,000 square feet. • Eating and Drinking establishments are limited to an occupancy load of 100, but may be expanded to 125 by special exception if the additional space can be supported by residnets of the surrounding area. The CN -1 zone prohibits drive - through restaurants. Drive - through restaurants are allowed in the CC -2 zone only by special exception. Both zones allow apartments above ground floor commercial uses: CC -2 zones allow multi - family dwellings by special exception; CNA allows 4 multi - family dwellings as provisional uses. The CN -1 zone does not allow outdoor storage and display- oriented retail, production, general and light/technical manufacturing, or wholesale sales uses; the CC -2 zone allows these only as provisional uses. An example of an outdoor storage and display retail use that, in Staff's opinion, would not be compatible with the current development in the area would be a vehicle sales lot. Given the existing build -out of the shopping center, a vehicle lot seems unlikely in the foreseeable future. The CC -2 zone does allow quick vehicle servicing (gas stations) as a provisional use and vehicle repair uses by special exception. The commercial site development standards that apply to the CC -2 zone are not as restrictive as those that apply to the CN -1 zone in which buildings be constructed close to the street (5 feet from the street ROW line), with parking located behind. Walden Square was developed prior to the adoption of current CN -1 site development standards so those standards only apply to new development and only where it is feasible to bring new structures into compliance. The CN -1 zone also has more stringent building design standards: a minimum of 50 percent of the building fagade between 2 and 10 feet in height must comprised of windows and doors with views into the interior space or be display windows set into the wall, and building walls are limited to 270 feet in length. The CC -2 zone does not place a limit on wall length. Large retail uses (those over 50,000 square feet) in the CC -2 zone a required to have street - facing walls broken into distinct modules with recesses and change in materials or textures or other architectural detail. The CN -1 zone does not allow freestanding signs, which are permitted in the CC -2 zone. SUMMARY The proposed amendment to the Comprehensive Plan and CC -2 rezoning reflects the locational convenience of Walden Square and the intersection of Mormon Trek Boulevard and Benton Streets. Over time the shopping center has come to be viewed as a convenient location for essential daily /weekly shopping for much of the west side of Iowa City —not unlike the CC -2 area at the intersection at First Avenue and Muscatine on the east side of Iowa City. Moreover, the demand for certain types of bricks and mortar retail uses has changed over the years such that it may be more and more difficult to fill small retail spaces. Meanwhile, a number of uses that have remained more viable such as restaurants, grocers, drugstores, and offices often demand additional space. However, staff believes there are certain building and site developmental requirements of the CN -1 zone that should be maintained in order to ensure the shopping center continues to be aesthetically and functionally compatible with the surrounding residential . neighborhood. These requirements include restrictions on freestanding signs and outdoor storage and display and requirements that address building bulk and articulation, street level windows, and building entrances. STAFF RECOMMENDATION: Staff recommends that CPA12- 00006 /REZ12 -00001 an application submitted by Southgate Development Services for a Comprehensive Plan Amendment to change the land use map designation of Walden Square from Neighborhood to General Commercial and a rezoning from Neighborhood Commercial (CN -1) zone to Community Commercial (CC -2) zone for approximately 8.70 -acres of property located west of Mormon Trek Boulevard, north of Westwinds Drive, be approved subject to the following conditions: • Future development or redevelopment must adhere to the CN -1 standards for Outdoor Storage and Display and Building Design (14 -2C -7K through O); • No additional freestanding signs; • A 1,000 square foot limit on outdoor storage and display. 5 ATTACHMENTS: 1. Location Map 2. Statement from Applicant 3. CNA site development standards (14 -2C -7K through O) 4. Correspondence Approved by: pp Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadm in\stfrep \temp late. doc I Wl", LO cn w Tom Ln 0 CM i t Tq J7-- ------ cic CL C C cn io SONMISM -4- CL C%j CL M38L Ln CM i t Tq J7-- 442 C C VO NUMS-1 LCLCJ m . .. ..... cr lIV43 ce Ln ""r'T ui 17, 1 NUMUM-im —17, IN I / J-TT CL Lo A Ln CM T_ 442 0 m . .. ..... cr lIV43 Ln ui MY - 74 0 0 0 0 A 74 N LU ce Applicants Statement The surrounding area of Walden Square has changed since its original CN -1 zoning designation. The areas directly to the north, west and south have developed as a higher density residential area. The ease is comprised of single family dwellings. Today Walden Square serves much larger area than just the adjacent neighborhood which is f the intent for CN -1 zoning. Walden Square serves the entire west side of Iowa City. The complex is 100% constructed and the threat of big-box development occurring.is unfounded. Very large percentages of the people that visit the complex commute by automobile and experience little pedestrian traffic. Current market demands call for larger expansions of existing businesses than the CN -1 zoning.allows. This is particularly true with offices. The conversion from CN -1 to CC -2 zoning will not create any nonconforming uses. The complex has both commercial and residential uses. Both of these will comply with the CC -2 criteria. The use of this property will not change, merely the zon I ng. classification. N CJ N i �•�/� ff • it PAGE 2C -22 14 -2C Commercial Zones H. Pedestrian, Bicycle, and Vehicular Circulation 1. Pedestrian access must be provided to adjacent residential areas and to abutting rights -of -way. The sidewalks provided on -site must connect to adjacent public sidewalks and trails. 2. Each commercial tenant space must be accessible from other tenant spaces by sidewalks or other approved pedestrian routes. Pedestrian routes must be continuous, clear of obstructions, and easily identifiable as a protected pedestrian route. 3. Pedestrian routes must be separated from parking and vehicular use areas by curbs, landscaping or other physical barriers. When pedestrian paths cross drives, aisles, and vehicle travel lanes they must be clearly identified with materials such as textured or brick paving, and must be integrated into the wider network of pedestrian walkways. Pavement textures are encouraged elsewhere in the parking lot as surface materials or as accents. 4. Parking lot layout and design must promote safe and convenient pedestrian and vehicular circulation. Protected pedestrian walkways, leading to sidewalks that abut store entrances, must be provided within parking lots. 5. Bicycle parking facilities must be located in convenient areas of the development and must be located so as not to impede pedestrian or vehicular traffic. I. Landscaping and Screening 1. All areas of the site that are not used for buildings, parking, vehicular and pedestrian access, sidewalk cafes and plazas, must be landscaped with trees and plant materials.. A landscaping plan must be submitted for site plan review. 2. Parking areas, loading areas, and drives must be screened from public rights -of -way to at least the S2 standard (See Article 14 -5F, Screening and Buffering Standards). 3. Parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned Residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned Residential to at least the S3 standard. The City may exempt from this landscaping requirement any specific locations along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. 4. Screening may be waived by the Building Official where the view is or will be blocked by a significant change in grade or by natural or human -made features, such that screening is effectively provided and the intent of the standard is met, as determined by the Building Official. J. Mechanical Structures All mechanical structures must be set back and screened from public view according to the applicable provisions set forth in Article 14 -4C, Accessory Uses and Buildings. K. Outdoor Storage and Display 1. Outdoor storage of materials is not permitted in the CN -1 Zone. 2. Outdoor display of materials is not permitted, except in the following situations: Title 14: Iowa City Zoning Code Revised 1 -5 -12 PAGE 2C -23 14 -2C Commercial Zones a. Outdoor display of merchandise for immediate sale is permitted in areas i immediately adjacent to a principal building. However, the display area may not be located along any building wall that is within 20 feet of a public street and may not be located in a manner that obstructs building entrances and exits, sidewalks, bicycle parking areas, pedestrian routes, or vehicular use areas. b. An approved Temporary Use. A temporary use permit is required (See Chapter 4, Article D of this Title). 3. The storage of combustible or flammable materials or liquids is strictly regulated according to the provisions of Chapter 5, Article H, Performance Standards and according to the International Fire Code, as amended. L. Street -level Windows A minimum of 50 percent of the building fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of windows and doors. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. The bottom of such windows must be no more than 4 feet above the level of the adjacent sidewalk (See Figure 2C.2). Figure 2C.2 - Storefront Window Example Unacceptable M. Building Bulk and Articulation Acceptable 1. The maximum length of any building wall is 270 feet. This standard applies whether the building contains a single business or multiple businesses or storefronts. 2. For buildings greater than 50 feet in width, the horizontal plane of any street- facing fagade of the building must be broken into modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and /or parapet height; Title 14: Iowa City Zoning Code Revised 1 -5 -12 PAGE 2C -24 14 -2C Commercial Zones (4) Variation in the architectural details such as decorative banding, reveals, stone, or file accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. 3. For buildings that are 50 feet or less in width, at least every 12 feet in length of the street - facing wall must be articulated by a window, doorway, perceptible change in the wall plane, setback, artwork, or a change in building material. N. Building Entrances 1. Primary building entries must be distinguished by at least two of the following means: a. Canopies or awnings; b. Recesses; c. Raised cornice or similar architectural features; d. Architectural details, such as tile work and moldings that are integrated in the building structure and design. 2. To encourage commercial activity at the street level, entrances to storefronts and the ground -level floor height should be no more than one foot above the level of the abutting sidewalk or pedestrian plaza. On sloping building sites and for existing buildings, the City may adjust this requirement. However, on sloping sites at least a portion of the ground level floor height of any new building must be located no more than one foot above the level of the abutting sidewalk or pedestrian plaza; and the floor height of the ground -level floor of the building must be no more than 3 feet above the level of the abutting public sidewalk or pedestrian plaza at any point along a street - facing building fagade. O. Balconies, exterior stairways, corridors and lifts For purposes of this subsection the term, "exterior stairways," refers to stairways that lead to floors of a building that are above the first or ground -level floor of a building. "Exterior corridors" refers to unenclosed corridors located above the first or ground -level floor of a building. Balconies and exterior stairways, exterior corridors and exterior Lifts must comply with the following standards: 1. Exterior stairways, exterior corridors, and exterior lifts are prohibited. The City may allow exterior fire egress structures on existing buildings that cannot otherwise reasonably meet code requirements, provided the fire egress structure is not located on a wall of a building that faces a street. 2. Balconies may not be located on any side of a building that is adjacent to a property that is zoned Single Family Residential. . 3. The outer edge of a balcony shall not be closer than 4 feet from a side lot line. 4. The design of any balcony must utilize columns, piers, supports, walls, and railings that are designed and constructed of materials that are similar or complementary to the design and materials used for the rest of the building. Unpainted and unstained lumber is not permitted. Title 14: Iowa City Zoning Code Revised 1 -5 -12 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION POST OFFICE BOX 2240, IOWA CITY, IOWA 52244 -2240 January 9, 2012 Glenn Siders Southgate Development Services 755 Mormon Trek Boulevard Iowa City Iowa 52246 Mr. Siders, The University of Iowa Community Credit Union appreciates the effort, communication and information you have provided during your due diligence for the rezoning of Waldon Square. At this time, we have no objection to the change in zone you are requesting to CC -2. We will continue to follow the progress and information provided by the City of Iowa City and Southgate Development. Please let me know if I may be of assistance in some way. Respectfully, University of Iowa Community Credit Union &J-"4040 Dick Noble Sr VP IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON ry IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON �r January 17, 2012 Mr. Glenn Siders Southgate Development Services ("Southgate ") 755 Mormon Trek Boulevard Iowa City, Iowa 52246 SENT VIA EMAIL TO: gsidersAsgdev.net Dear Glenn: It is Fareway's understanding that Southgate's offices are located in the strip center building directly north of our west Iowa City Fareway store. Presently, it appears all of the commercial space north of Westwinds Dr. and west of Mormon Trek Boulevard is presently zoned CN -l. Fareway further understands that you are considering expanding into that space, but under current CN -1 zoning, Southgate cannot do so, as that space together with your current office space, exceeds the size limitations of the CN -1 zone. Accordingly, per your request and our conversation, at this time, Fareway Stores, Inc. does not have any objection to your request to rezone this area to CC -2 in order to expand your office use. Should you have any questions, do not hesitate to contact me. Sincerely, Garre iklapp Secretary /General Counsel Fareway Stores, Inc. Corporate Offices EGONE11YttG/�l 2300 E. 8th Street FOOD Boone, Iowa 50036 -0070 sr0H E�81 515 -432 -2623 Fax: 515 -433-4416 January 17, 2012 Mr. Glenn Siders Southgate Development Services ("Southgate ") 755 Mormon Trek Boulevard Iowa City, Iowa 52246 SENT VIA EMAIL TO: gsidersAsgdev.net Dear Glenn: It is Fareway's understanding that Southgate's offices are located in the strip center building directly north of our west Iowa City Fareway store. Presently, it appears all of the commercial space north of Westwinds Dr. and west of Mormon Trek Boulevard is presently zoned CN -l. Fareway further understands that you are considering expanding into that space, but under current CN -1 zoning, Southgate cannot do so, as that space together with your current office space, exceeds the size limitations of the CN -1 zone. Accordingly, per your request and our conversation, at this time, Fareway Stores, Inc. does not have any objection to your request to rezone this area to CC -2 in order to expand your office use. Should you have any questions, do not hesitate to contact me. Sincerely, Garre iklapp Secretary /General Counsel S I ����. ®ir CITY OF IOWA CITY 0O � D MEMORAN Date: January 31, 2014 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: CPA12- 00006 /REZ12 -00001 Walden Square The Commission deferred consideration of these two items from the January 16 meeting. There was a concern about the potential for new drinking establishments within Walden Square if the property is rezoned to Community Commercial (CC -2). Drinking establishments are allowed in both the Neighborhood Commercial (CN -1) and CC -2 zone. Drinking establishments are unrestricted in size in the CC -2 zone, but limited to an occupancy of 100 with the possibility of a special exception to increase that to 125 in the CN -1 zone. To address this concern, the applicant would agree to a condition restricting the size of any new drinking establishment to the same as allowed in the CN -1 zone. Staff recommends that CPA12- 00006 /REZ12 -00001 an application submitted by Southgate Development Services for a Comprehensive Plan Amendment to change the land use map designation of Walden Square from Neighborhood to General Commercial and a rezoning from Neighborhood Commercial (CN -1) zone to Community Commercial (CC -2) zone for approximately 8.70 -acres of property located west of Mormon Trek Boulevard, north of Westwinds Drive, be approved subject to the following conditions: • Future development or redevelopment must adhere to the CN -1 standards for Outdoor Storage and Display and Building Design (14 -2C -7K through O); • No additional freestanding signs; • A 1,000 square foot limit on outdoor storage and display; • The occupancy load for any new drinking establishment will not exceed one hundred (100) unless a special exception is approved allowing an increase to a maximum of one hundred twenty five (125). Planning and Zoning Commission February 6, 2014 - Formal Page 2 of 10 County Affordable Homes Coalition, in regard to the letter submitted by Sally Scott in the packet proposing an amendment to the Comprehensive Plan. Miklo counseled that the organization could pay a fee and initiate an amendment or the Commission could initiate the amendment and put it on an agenda to discuss. Comprehensive Plan Item CPA12 -00006 and REZ12 -00001 A public hearing for a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to General Commercial; and a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square. Miklo said at the last meeting the full staff report was presented and there were subsequent questions that staff would like to address tonight. How would Community Commercial (CC -2) possibly affect the surrounding neighborhood versus the Neighborhood Commercial (CN -1). He said staff believes that the established design and layout of the shopping center is compatible with the residential neighborhood and that distance, topography, and the presence of a stormwater basin provide separation and buffering from the commercial site. He noted that in addition staff recommending conditions that were explained in detail in the staff report, the applicant has agreed to a condition that any new drinking establishment in the shopping center would comply with the current CN -1 requirements. Miklo said in reply to the Commission's question of how many existing CN -1 zones are in the city that in addition to Walden Square, there is the Northside shopping area (Ace Hardware) at Dodge and Church Street, the Hy -Vee at Dubuque Road and Dodge Street, Rochester and First Avenue, Court Street and Scott Boulevard, a vacant CNA zone at the east end of Court Street, and another near the Saddlebrook development in far southeast Iowa City. Walden Square is the largest of all the CN -1 zones and serves most of the west side of Iowa City. He said the conditions will allow the property owner to entertain additional businesses and expansion of some of the businesses without having a negative effect on the surrounding area. In response to a question by Swygard, Miklo affirmed that there were residential apartments located on the second floor of one of the buildings in the shopping center. Miklo responded to Eastham's question about increased traffic that he doesn't think that any new or larger business that would go in as a result of the CC -2 zone is going to increase traffic measurably on Mormon Trek Boulevard, which is one of the only north -south arterials in west Iowa City. Theobald asked Miklo how he sees the CNA zone serving the city overall. Miklo said the intent of a CNA zone is to serve a neighborhood and allow the idea of having commercial uses in close proximity to residential. He said originally they were intended to be fairly small, and at one time there was a size limit. He said none of the CN -1 zones existing now are compliant with the vision for a CN -1 zone, and as a result new standards were adopted in 2005 that require more of a Main Street character. He said future development of CNA zone will look quite different than Walden Square and be much smaller. Eastham's asked about any plans to revise the Sub - District Plan for this area and the Southwest District Plan in the next five years. Miklo said they will revisit it on an "as needed" basis, but it has served the City well and there are no plans revision at this time. Freerks noted that the Planning and Zoning Commission February 6, 2014 - Formal Page 3 of 10 zoning code has changed since the Southwest District Plan was adopted. Eastham asked Miklo to give the Commission a synopsis of what had transpired since the application was originally submitted in 2012. Miklo said staff had discussions with the applicant about modifying the size limitations for various uses in the CN -1 zone, but decided that CC -2 rezoning was more appropriate in this location on Mormon Trek and given the established development pattern of the shopping center and surrounding neighborhood. Freerks opened public hearing. Glenn Siders of Southgate Development Company said he was there to answer any questions from the Commission. Siders said the physical therapy operation is limited to 2,400 square feet and would like 3,000 square feet, which they could have in CC -2 but not in CN -1; the Java House is interested in expanding to an undetermined size to create additional seating capacity. Theobald asked for some information about several of the other businesses in the shopping center. Greenwood Hektoen cautioned the Commission to think more broadly and consider what uses are allowed by the proposed rezoning and whether they would be acceptable regardless of what the current conditions are, and if the Commission would be comfortable with businesses expanding to the maximum allowable under the new proposed rezoning. Freerks closed public hearing. Eastham moved to recommend approval of CPA12- 00006, a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive known as Walden Square from Neighborhood Commercial to General Commercial. Swygard seconded. Eastham said he's not sure he is going to support this because he has doubts that changing the Comprehensive Plan supports the goals of Neighborhood Commercial. He said the Southwest District Plan clearly calls for this area to be Neighborhood Commercial, and he hasn't heard a compelling reason why the uses should be expanded to General Commercial. He said he's concerned about increasing the ability of current uses to expand their square footage could eventually result in fewer neighborhood -type uses and more commercial- type uses, which would get away from the overall purpose of this area as a neighborhood destination. Freerks said some of Eastham's points are valid but she doesn't think it's a good thing if some of the current uses remove themselves because they don't have the capacity to expand slightly. She said she doesn't see a significant traffic generator in terms of anything expanding. She said she sees that Neighborhood Commercial has changed since this shopping center was built. She said she feels that it functions as both CC -2 and CN -1 and with the restrictions in place she feels comfortable making that change in order to respond the needs the businesses have to expand slightly to maintain a healthy commercial area, one which people in the area can walk to. Theobald said she has struggled greatly with this, as she sees it serving several different populations in that area. She said she is concerned is that some of the businesses may change and some of the ones that really support people in the neighborhood who don't have vehicles or have access to other services. Planning and Zoning Commission February 6, 2014 - Formal Page 4 of 10 Swygard said she can see some of the smaller businesses being forced out if larger spaces and increased rents occur. Thomas said this seems to fall somewhere between CC -2 and CN-1. He said he believed that there was language in the Code stating that special exceptions would be given to certain square footage maximums if it served neighborhood purposes. Miklo said it is the office uses that have been problematic for this shopping center because to go beyond 2,400 square feet, the additional square footage has to be on the second floor, and this is a one -story complex except where there are residents on the second floor. Martin said she supports this because it's a finite space —no expansion of the zone is possible- - and there are parking restrictions that limit future development. She said she sees not supporting this as a hindrance to the businesses that are there, with the possibility that they will leave if they can't expand. She said she sees the discussion revolving around the square footage for only a few businesses and she doesn't see how giving them the CC -2 would be a detriment. Freerks said staff has worked with the applicant on this for over a year and she believes that they have exhausted every option in trying to come up with the best way to deal with this. She said she thinks it will be a benefit and not a detriment. Swygard said this is about square footage, but in doing that you are changing uses allowed. Miklo said most of the uses allowed in the CC -2 are allowed in the CN -1 zone, and are just restricted in size. He said the surrounding neighborhood was notified with letters sent and signs placed per usual procedures, and no one has come forth tonight from the pubic with concerns. Miklo, amending Eastham's conclusions about why the smaller square footage in CN zones was established, said the reason was to keep it at a small level because of concerns about bringing traffic in from outside a neighborhood. Dyer said she supports this change. She said there is already traffic going by, and it's too congested to attract big box stores. She said she thinks it's a positive that businesses want to stay there and develop and is concerned that if they left they might not be replaced or be replaced with businesses that aren't as useful to the neighborhood. Given that the shopping center is already developed, there really isn't room for any additional development. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. Swygard moved to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square with the conditions listed in staff report dated January 31, 2014. Dyer seconded. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. REZ13 -00026 Discussion of an application submitted by The University of Iowa for a rezoning of approximately 1.45 -acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) zone located at 301 and 325 S. Clinton Street. PLANNING AND ZONING COMMISSION JANUARY 16, — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL APPROVED MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Bob Miklo, Karen Howard, Eric Goers OTHERS PRESENT: Sally Scott, Glenn Siders, John McKinstry, Maryann Dennis, Al Zimmerman, Mark Boding RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of SUB13- 00024, a request for preliminary plat approval of Lindemann Subdivision Part 413, 6 & 7, an 83 -lot, 25.04 -acre residential subdivision located on Kenneth Drive north of Camden Road with approval subject to an acceptable plan for the location design of a mailbox cluster, and prior to the City acceptance of the open space there will be landscaping established. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Comprehensive Plan Item * CPA12 -00006 A public hearing for a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to General Commercial. Freerks explained that this item goes together with Item E the rezoning item below REZ12- 00001. Rezoning item a�- REZ12 -00001 Discussion of an application submitted by Southgate Development Services for a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at west of Mormon Trek Boulevard, north of Westwinds Drive. Planning and Zoning Commission January 16, 2014 - Formal Page 2 of 11 Miklo showed the Commission images and a zoning map of the area; he then explained the differences between the CN -1 and CC -2 zones in terms of uses allowed and additional site development requirements that go along with each of the zones. CN -1 puts limitations on the size of some uses allowed in the zone, including restaurants, offices, etc. Miklo explained the history of the development and how over time, because of its locational advantages and growth on the west side of Iowa City, the shopping center has come to serve a much wider area than was originally anticipated when the property was zoned CN -1. He stated that while staff was recommending approval of the comprehensive plan amendment and the rezoning, their recommendation included three conditions dealing with signage, building design, and outdoor display in order to help ensure that the shopping center remained compatible with the surrounding neighborhood. In response to questions from the Commission, Miklo responded that lighting is the same in both zones. He also stated that while the immediate neighborhood has not changed since the District Plan was adopted, the entire west side has grown considerably and commercial areas, other than those on Highway 1 and Highway 6 have not developed. Miklo explained that the grocery store is, other than Walmart, the only grocery store west of the river in Iowa City. The same it is true of the drugstore and bank, which are the only uses of their kind other than what is found on Highway 1. Miklo explained that in the CN -1 a gas station would require a special exception. In the CC -2 they are allowed by right. He noted that the 1,000 square foot limit on outdoor display would effectively preclude a car dealership of sales lot while still allowing retailers to provide seasonal outdoor displays. He explained that a conditional zoning agreement may put limits on uses allowed in the zone (such as size restrictions) but cannot prohibit those uses that would otherwise be allowed. Glenn Siders for Southgate Development indicated that they had no objection to the conditions staff was recommending. Some of the size limitations on the existing uses in the commercial zone, such as a physical therapy clinic, were limiting the opportunity for those uses to grow. All the existing uses comply with the CN -1 standards. He stated that if Hartig Drugstore were to leave and they were unable to attract a new drugstore, they would probably have to divide the building into 3 new spaces in order to comply with the space limitations and that would be difficult with that particular building. Freerks closed the public hearing. Thomas moved to approve CPA12- 00006, an application submitted by Southgate Development Services to amend the Southwest District Plan to change the land use map designation of Walden Square, from Neighborhood Commercial to General Commercial. Second by Eastham. Theobald stated that she lives in the neighborhood and that many people in the neighborhood use the commercial center, especially those living in the nearby apartments who walk to the shopping center. Also many walk across Mormon Trek to shop. The uses do serve the neighborhood. The Southwest District Plan had recommendations for improvements to serve pedestrians and it expressly recommended that it remain a neighborhood commercial area. Therefore, she would vote against the change. Freerks stated that she did not see that this would cause a change to what was there but might allow an opportunity for existing uses to expand. She stated that this would not create a situation in which traffic would change. While it is good that there is considerable neighborhood foot traffic that there is also a lot of traffic /customers coming from outside the area. She thinks it is one of those Planning and Zoning Commission January 16, 2014 - Formal Page 3 of 11 tricky areas that needs to be designed to serve both pedestrians and those coming by car. Freerks asked how new users or property owners would be aware of the special conditions. Goers indicated that new property owners would become aware through a title opinion. Martin stated that she believes Mr. Siders addressed the issue of market demand for the changes. Eastham stated that he would like to see the parking area re- designed and more paved trails to the north and south and somewhat to the west, however those trails are on someone else's property and so cannot be a condition or rezoning. Otherwise he cannot see what the change would portend for the future, especially with the conditions which seem to eliminate things that would not complement the neighborhood. He is concerned about the proliferation of convenience stores. Thomas stated that he too was torn. He supports having more neighborhood commercial but believes it requires the right context. This seems to be a hybrid. He wondered how the parking area could be reconfigured to allow more commercial uses. Freerks stated that the goal of the applicant seemed to be to maintain stability and not have vacancies, such that as certain brick and mortar uses go away, such as video stores, other uses need to occupy those spaces and that's where growing the existing uses makes sense. Her concern was not to allow something that truly would not be in the interest of the neighborhood, like a car dealership. Theobald stated that the existing small businesses are supported by the neighborhood and that the "good neighbor policy" had not been used. She is concerned about crime and the addition of alcohol outlets. Miklo stated that the regulations for alcohol uses are the same. Miklo stated that the existing development was probably more characteristic of the CC -2 zone in terms of the placement of buildings and parking. This was built before the current CN -1 site development standards were in place. The difference in this situation is that the size of uses is limited in the CN -1 so that they are not reliant on a larger market. The idea with those limitations is that the zone not be drawing traffic into a neighborhood from the entire community. However, in this case, because Mormon Trek Boulevard is such a major traffic carrier, the shopping center already functions as a shopping center for the west side. The only way to go beyond the size limitations is through a change in the zone. Howard noted that there is a lot of overlap between all of the commercial zones. The staff report points out the differences that are distinct that may not be compatible with the neighboring residential uses or with pedestrian traffic. She pointed out that many other Community Commercial areas in the city also are surrounded by neighborhoods and people walk to those shopping areas and they also draw from a larger area. She cited the Towncrest area as one that is similar in that respect. Theobald expressed concern about alcohol outlets and businesses open after 9 o'clock at night. Miklo indicated that the Planning and Zoning commission could put limitations on hours of operation. He recommended that if the Commission was considering additional conditions, they should defer to provide time to determine what conditions to apply. Howard advised the board to keep in mind that the area is built out and is not expanding. A market is there and the uses and buildings have been established. Theobald noted that the convenience store in the area has become principally a liquor store, which was not always the case. Swygard expressed the concern that if commercial uses were allowed to expand that this might Planning and Zoning Commission January 16, 2014 - Formal Page 4 of 11 bring more traffic in from a broader area into a confined space. Miklo pointed out the zoning boundary —the area is limited size. Also the topography, storm water basin, and the residential units above the storefronts provide some buffer between the shopping center and the adjacent residential area. The parking area is also well used such that there is not a lot of opportunity to new retail space beyond the buildings that are there currently. Eastham noted that the present uses there are what make this a focal point for the neighborhood and questioned whether those uses might not change if there is higher demand for larger spaces. Swygard asked whether a transition to larger uses would impact the parking. Howard responded that they can only have as much square footage as they can park, and that the parking requirements are the same in both zones. Thomas said his concern was that this could lead to there being fewer small establishments in the zone. He asked whether there are conditions that could help to preserve a mix. Howard stated that the CN -1 zone limited eating and drinking establishments to an occupant load of 100 though it could go up to 125 with a special exception. She said that is a fairly large size. She noted that a restaurant is not open after midnight; if it is open after midnight and serves alcohol it is considered a drinking establishment. Goers noted that the alcohol sales rule —the 1,000 foot separation rule —does not apply in the CN- 1 or CC -2 zone. The applicant indicated that they would not entertain limitations on size or hours of operation. He indicated he would agree to a 2 -week deferral. Thomas withdrew his motion to approve. Eastham moved for deferral of the Comprehensive Plan item to the following meeting. Theobald seconded the motion. A vote was taken and the motion carried 6 -0. Eastham moved to defer item REZ12 -00001 for the rezoning of the property to the following meeting. Second by Martin. A vote was taken and the motion carried 6 -0. Development Item SUB13 -00024 Discussion of an application submitted by Southgate Development for a preliminary plat of Lindemann Subdivision Part 4B, 6, & 7, an 83 -lot, 25.04 -acre residential subdivision located on Kenneth and Charles Drive, north of Gustav Street. Miklo said this item had been deferred from December and they have now received a revised plat that extends Kenneth Drive and Daniel Drive to the north as called for in the Comprehensive Plan and the Conditional Zoning Agreement. He said that staff believes in this case that eighty -three mailboxes in the same cluster would be considered a large cluster and therefore should have some consideration to how it's located in the subdivision and how it's designed. He said the applicant has worked with the Post Office to identify an outlot for the cluster to be permanently located, and there may be some need for the clusters to be temporarily located, as it's possible that not all the streets will be built at once and there may not be access to the clusters. Miklo said staff will ask the applicant to make a proposal for landscaping around the cluster. He Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 (REZ12- 00001) ORDINANCE NO. AN ORDINANCE CONDITION Y -IWZO NEIGHBORHOOD COMMERCI (CN -1) ZON LOCATED WEST OF MORM TREK BOULEV 00001) VING 8.7 ACRES OF PROPERTY FROM TO COMMUNITY COMMERCIAL (CC -2) ZONE WD, NORTH OF WESTWINDS DRIVE. (REZ12- WHEREAS, the applica t, Southgate Development property located west of rmon Trek Boulevard and Commercial (CN -1) to Com nity Commercial (CC -2); and WHEREAS, the Compr ensive Plan- Southwest Disti appropriate for community cc mercial use; and WHEREAS, Iowa Code § 14.5 (2013) provides that 1 conditions on granting an appl ant's rezoning request, ov satisfy public needs caused by th requested change; and WHEREAS, the Planning an Zoning Commission N recommended approval with con 'tions limiting outdoor establishments in order to ensure at the commercial ai established residential neighborhood; d WHEREAS, the owner and appli nt have agreed t Agreement attached hereto to ensure app priate developmq ices, L.L.C., has requested a rezoning of n of Westwinds Drive from Neighborhood Plan indicates that the subject property is City of Iowa City may impose reasonable and above existing regulations, in order to reviewed the proposed rezoning and has :orage, freestanding signs, and drinking remains compatible with the surrounding at the conditions of the Conditional Zoning t in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY E CITY CO NC IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property desc ' ed below is hereby reclassified from its current zoning designation of Neighborhood Commercial (C=PTION ity Commercial (CC -2): Lots 3, 4 & 5, Walden Square Part Two\J recorded in Plat Book 33, Page 226. SECTION II. ZONING MAP. The Building Inspe to is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to confor to is amendment upon the final passage, approval and publication of this ordinance by law. City Clerk is hereby authorized and directed to cE office of the County Recorder of Johnson County , SECTION IV. REPEALER. All ordinances Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any sectio invalid or unconstitutional, such adjudication s section, provision or part thereof not adjudged ' v SECTION VI. EFFECTIVE DATE. This rdi publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by - Ci Attorney's Office /,,, / //z/ ,R NG. Up passage and approval of the Ordinance, the ?rti a copy o hiso rdinance and to record the same, at the I wa, at the o er's expense, all as provided by law. i d parts of ordi nces in conflict with the provisions of this provision or part the Ordinance shall be adjudged to be II not affect the vali of the Ordinance as a whole or any slid or unconstitutiona Hance shall be in its final passage, approval and 5 c-> Wit... r.0 0 r r-n co 1 O"n r,000 M 0 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ12- 00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Walden Square Investments LC, (hereinafter "Owner "), and Southgate Development Services, L.L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 8.70 acres of property located west of Mormon Trek Boulevard and north of Westwinds Drivo' -*.Iind WHEREA� the Owner has requested the rezoning of sai property from Neighborhood Commercial (CN -1 to Community Commercial (CC -2); and WHEREAS, the tanning and Zoning Commission h determined that, with appropriate conditions regarding out000r storage, freestanding sign and drinking establishments, the requested zoning is con 'stent with the Comprehen ve Plan and compatible with the surrounding established resi ential neighborhood; and WHEREAS, the conditio controlling buildi design, outdoor storage, freestanding signs, and drinking establishment are intended to inimize externalities that may conflict with adjacent residential uses and to ensure the hopping center continues to serve the neighborhood and function as an ass to the surr unding residential uses: and WHEREAS, Iowa Code §414.5 ( 013) rovides that the City of Iowa City may impose reasonable conditions on granting an ap tic nt's rezoning request, over and above existing regulations, in order to satisfy public needs sed by the requested change; and WHEREAS, the Owner acknowl ge that certain conditions and restrictions are reasonable to ensure the development 9ff the Noperty is consistent with the Comprehensive Plan and the need for compatibility with Jifie surrou ding residential neighborhood; and WHEREAS, the Owner agrees to velop this pr \pmises in accordance with the terms and conditions of a Conditional Zoning A reement. NOW, THEREFORE, in conside tion of the mutu contained herein, the parties agree as follows: I 1. Walden Square Invest ents LC is the legal title hold e of the pr erty legally described as "Lots 3, 4 & 5, Wal n Square Part Two as recorded i tat B ok 33, Page 226." 2. The Owner and Ap licant acknowledge that the City wishes to ensure conformance to the principles of t e Comprehensive Plan and the Southwest district plan. Further, the parties acknowl ge that Iowa Code §414.5 (2013) provides that the City of�wa City may impose re sonable conditions on granting an applicant's rezoning2gquesw-over and above the ex' ting regulations, in order to satisfy public needs caused:*f3heAque''s" change. _ co r�--- 3. In consideration of the City's rezoning the subject property, Owner an C plicgnt a that development of the subject property will conform to all other re �maWs o ppdadm /agt/rezl2 -00001 conditional zoning agreement.doc zoning chapter, as well as the following conditions: • Future development or redevelopment must adhere to the CN -1 standards for Outdoor Storage and Display and Building Design (Iowa City Code of Ordinances Sections 14 -2C -7K through O, as amended); • Any outdoor display shall be limited to 1,000 square foot; • Development of the property shall be limited to the one existing freestanding sign; • The occupancy load for any new drinking establishment will not exceed one hundred (100) unless a special exception is approved allowing an increase to a maximum of one hundred, twenty -five (125). 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code 4 ,4.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The pantie acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant Norning with the land and with title to the land, and shall remain in full force and effect as a ovenant with title to the land, unless or until released of record by the City of Iowa City. / The parties further ackno edge that this agreem nt shall inure to the benefit of and bind all successors, representativ , and assigns of a parties. 7. The Owner and Applicant ack wledge hat nothing in this Conditional Zoning Agreement shall be construed to reli e t Owner or Applicant from complying with all other applicable local, state, and federa gulations. 8. The parties agree that this Conditio al Zo 'ng Agreement shall be incorporated by reference into the ordinance rezoni the su Ject property, and that upon adoption and publication of the ordinance, this reement sha a recorded in the Johnson County Recorder's Office at the Applicant' expense. Dated this day of '2014. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk ppdadm /agt /rez12 -00001 conditional zoning agreement.doc 2 Walden Square Investments LC rn 7n 3>... By: ., a> -<r— �, Southgate Development �gpdces"&.L. c=11 W Approved by: di ity Attorney's Office 1�✓ /�� CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowle ged before me on 20_ by Matthew J. Hayek and Marian K. Karr as Ma or and City Clerk, re pectively, of the City of Iowa City. CORPORATE ACKNOWLEDGEME STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was a LIMITED LIABILITY COMP STATE OF IOWA ) JOHNSON COUNTY /)' This instrument as Not*v Public in and for the State of Iowa Notary blic in and for said County and State ACKNOWLEDGEMEN acknowledged as before me ' on 20_ by of , L.L.C. Notary Public in and for said County and State ppdadm /agt /rez12 -00001 conditional zoning agreement.doc 3 �? rn �*...,t w —0 me on c'-' , 20_ r of - , blic in and for said County and State ACKNOWLEDGEMEN acknowledged as before me ' on 20_ by of , L.L.C. Notary Public in and for said County and State ppdadm /agt /rez12 -00001 conditional zoning agreement.doc 3 6c Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00026) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 1.45 ACRES LOCATED AT THE SOUTHWEST CORNER OF CLINTON STREET AND BURLINGTON STREET FROM CENTRAL BUSINESS SUPPORT (CB -5) TO INSTITUTIONAL PUBLIC (P -2). (REZ13- 00026) WHEREAS, the City of Iowa City, on behalf of the applicant, The University of Iowa, has requested a rezoning of property located at the southwest corner of Clinton Street and Burlington Street from Central Business Support (CB -5) to Institutional Public (P -2); and WHEREAS, the University of Iowa School of Music will be constructed on the property; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for the location of the music school; and WHEREAS, the University of Iowa -owned parcel will be in compliance with Section 14 -2F of the Zoning Ordinance; 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 Central Business Support (CB -5) to Institutional Public (P -2): LEGAL DESCRIPTION Beginning at the NE Corner of Block 101; thence West 195 feet; thence South 130 feet; thence East 25 feet; thence North 10 feet; thence East 170 feet; thence North 120 feet to the Point of Beginning; all in the City of Iowa City, Johnson County, Iowa. All of Lot 3; Lot 2 except the north 40 feet thereof; and Lot 4 except the south 70 feet thereof; all in Block 101 of the City of Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. u=_16 ATTEST: CITY CLERK Approv d by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 03/04/2014 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the C� STAFF REPORT To: Planning & Zoning Commission Prepared by: Bailee McClellan, Planning Intern Item: REZ13 -00026 Date: February 6, 2014 GENERAL INFORMATION Applicant: The University of Iowa 2660 UCC Iowa City, IA 52242 Contact Person: David Kieft 2660 UCC Iowa City, IA 52242 (319) 335 -5052 david-kieft@uiowa.edu Requested Action: Rezoning from Central Business Support (CB5) to Institutional Public (P2) Purpose: To reflect public ownership of the property and bring it into compliance with Section 14 -2F of the Zoning Ordinance Location: southwest corner of Clinton Street and Burlington Street Size: 1.45 acres Existing Land Use and Zoning: Central Business Support (CB5) Surrounding Land Use and Zoning: North: Parking garage (P1) South: Mixed use building (CB -5) East: Vacant lot (CB -10) West: Residential (RM44) Comprehensive Plan: Riverfront Crossings District — University File Date: December 12, 2013 BACKGROUND INFORMATION: The applicant, the University of Iowa, requests that the subject property located at the southwest corner of Clinton Street and Burlington Street (formerly 301 and 325 S. Clinton Street) be rezoned from Central Business Support (CB -5) to Institutional Public Zone (P -2) in order to bring the property into compliance with Section 14 -2F of the Zoning Ordinance. The University of Iowa acquired the property to relocate the University of Iowa School of S:PCD /Staff Reports/ REZ10 -00009 UI Helipad Music. The former School of Music was located on the University of Iowa Arts Campus and was damaged by the flood of 2008. Section 14- 2F -B -2 states that public uses of land owned or otherwise controlled by the State or Federal government, such as university campuses, regional medical facilities, post offices and other state and federally owned facilities should be zoned Institutional Public Zone (P -2). ANALYSIS: The property is currently zoned as CB -5. The proposed rezoning to P -2 has been initiated to reflect that the property has been acquired by the University. The P -2 zoning designation serves a notice function to those owning or buying land in proximity to subject property that it is not ordinarily subject to City development regulations. This zone change will bring the University owned parcel into compliance with Section 14 -2F of the Zoning Ordinance. The proposed University use of the property for the new Music School complies with the Riverfront Crossings Master Plan. STAFF RECOMMENDATION: Staff recommends that REZ13- 00026, an application to rezone 1.45 acres of land located at 301 and 325 S. Clinton Street from Central Business Support (CB -5) to Institutional Public (P -2) be approved. Attachments: Location map Approved by: , �nW� Robert Miklo, Senior Planner, Department of Planning and Community Development S:PCD /Staff Reports/ REZ10 -00009 UI Helipad CZ am �a lol:� C) e- -4 lm Z@ 0 O O N uj d iS NOSIOVV4 C: 0 u vi ;k 0 04 iS, INOd,J . ... ... ... ... . . . . . . .......... ..... . ...... LU Of am iS NOSIOVV4 C: 0 u vi ;k 0 04 iS, INOd,J . ... ... ... ... . . . . . . .......... ..... . ...... LU Planning and Zoning Commission February 6, 2014 - Formal Page 4 of 10 Swygard said she can see some of the smaller businesses being forced out if larger spaces and increased rents occur. Thomas said this seems to fall somewhere between CC -2 and CN -1. He said he believed that there was language in the Code stating that special exceptions would be given to certain square footage maximums if it served neighborhood purposes. Miklo said it is the office uses that have been problematic for this shopping center because to go beyond 2,400 square feet, the additional square footage has to be on the second floor, and this is a one -story complex except where there are residents on the second floor. Martin said she supports this because it's a finite space —no expansion of the zone is possible- - and there are parking restrictions that limit future development. She said she sees not supporting this as a hindrance to the businesses that are there, with the possibility that they will leave if they can't expand. She said she sees the discussion revolving around the square footage for only a few businesses and she doesn't see how giving them the CC -2 would be a detriment. Freerks said staff has worked with the applicant on this for over a year and she believes that they have exhausted every option in trying to come up with the best way to deal with this. She said she thinks it will be a benefit and not a detriment. Swygard said this is about square footage, but in doing that you are changing uses allowed. Miklo said most of the uses allowed in the CC -2 are allowed in the CN -1 zone, and are just restricted in size. He said the surrounding neighborhood was notified with letters sent and signs placed per usual procedures, and no one has come forth tonight from the pubic with concerns. Miklo, amending Eastham's conclusions about why the smaller square footage in CN zones was established, said the reason was to keep it at a small level because of concerns about bringing traffic in from outside a neighborhood. Dyer said she supports this change. She said there is already traffic going by, and it's too congested to attract big box stores. She said she thinks it's a positive that businesses want to stay there and develop and is concerned that if they left they might not be replaced or be replaced with businesses that aren't as useful to the neighborhood. Given that the shopping center is already developed, there really isn't room for any additional development. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. Swygard moved to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square with the conditions listed in staff report dated January 31, 2014. Dyer seconded. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. REZ13 -00026 Discussion of an application submitted by The University of Iowa for a rezoning of approximately 1.45 -acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) zone located at 301 and 325 S. Clinton Street. Planning and Zoning Commission February 6, 2014 - Formal Page 5 of 10 Miklo said this rezoning recognizes the University's ownership of this property. Freerks opened public discussion. Freerks closed public discussion. Thomas moved to recommend approval of REZ13- 00026, an application to rezone 1.45 - acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. Martin seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ13 -00027 Discussion of an application submitted by The University of Iowa for a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS- 20) zone to Institutional Public (P -2) zone located at 109 River Street. Miklo said this is a similar situation, and the University acquired a property zoned Neighborhood Stabilization Residential for the construction of the new art school. Freerks opened public discussion. Freerks closed public discussion. Swygard moved to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS -20) zone to Institutional Public (P -2) zone located at 109 River Street. Eastham seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ14 -00001 Discussion of an application submitted by NCS Pearson, Inc. for a rezoning of approximately 49.5 -acres of property from Office Research Park (ORP) zone to Research Development Park (RDP) zone located at 2510 N. Dodge Street. Miklo showed photographs of the subject property and the surrounding area. He said the purpose of the application is to make sure this property stays in compliance with the Code. He said the proposed Moss Road would go across the northern portion of this property and would make it nonconforming in terms of the setback from the right of way, about 70 feet as opposed to 150 feet the existing zoning district requires. Freerks opened public discussion. � Q-1 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00026) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 1.45 ACRES F PROPERTY FROM CENTRAL BUSINESS SUPPORT (CB -5) ZONE TO INSTITUTIONAL PUBLI (P -2) ZONE LOCATED ON THE WEST OF CLINTON STREET SOUTH OF BURLINGTON STREET. (REZ13- 00026) WHEREAS, the City of Iowa Ci�y, on behalf of the applicant, Th University of Iowa, has requested a rezoning of property located at the southwest corner of Clinton Str et and Burlington Street from Central Business Support (CB -5) to Instituti nal Public (P -2); and WHEREAS, the University of I wa -owned parcel will be in corn liance with Section 14 -2F of the Zoning Ordinance; WHEREAS, the Planning an Zoning Commission has /viewed viewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDA ED BY THE CITY COLIN IL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Pro erty described below i hereby reclassified from its current zoning designation of Central Business Sup ort (CB -5) to Institution I Public (P -2): Beginning at the NE Corner of BloA 101; thence /Nest 195 feet; thence South 130 feet; thence East 25 feet; thence North 10 feet; thence st 170 fe ; thence North 120 feet to the Point of Beginning; all in the City of Iowa City, Johnson Coun Iowa. of Lot 3; Lot 2 except the north 40 feet thereof; and Lot 4 except the south 70 feet thereof; all in lock 01 of the City of Iowa City, Johnson County, Iowa. SECTION II. ZONING MAP. The B dig Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, to to onform to this amendment upon the final passage, approval and publication of this ordinance by laKNID SECTION III. CERTIFICATION REC DING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and irected to ce ify a copy of this ordinance and to record the same, at the office of the County Recorder of J nson County, I wa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances an arts of ordinances in conflict with the provisions of this Ordinance are hereby repeale . SECTION V. SEVERAB ITY. If any section, pro �sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, ch adjudication shall not ffect the validity of the Ordinance as a whole or any section, provision or part t reof not adjudged invalid or constitutional. SECTION VI. EFFE TIVE DATE. This Ordinances II be in effect after its final passage, approval and publication, as provided /6y law. MAYOR C= a ATTEST: © �- CITY CLERK =En n Approved by =-tc� co City Attorney's Office cxa sa iT- Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00027) ORDINANCE NO. ORDINANCE REZONING .54 ACRES OF PROPERTY FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -20) ZONE TO INSTITUTIONAL PUBLIC (P -2) ZONE LOCATED AT 109 RIVER STREET (REZ13- 00027) WHEREAS, the City of Iowa City, on behalf of the applicant, The University of Iowa, has requested a rezoning of property located at 109 River Street from Neighborhood Stabilization Residential (RNS -20) to Institutional Public (P -2); and WHEREAS, the University of Iowa Visual Arts Building will be constructed on the property; and WHEREAS, the University of Iowa -owned parcel will be in compliance with Section 14 -2F of the Zoning Ordinance; 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 Neighborhood Stabilization Residential (RNS -20) to Institutional Public (P -2): LEGAL DESCRIPTION Lots 19 and 20 and the easterly % of the vacated alley abutting Lots 19 and 20, all in Block Nine (9) in Manville Heights Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 4, Plat Records of Johnson County, Iowa. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by amity Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 03/04/2014 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published STAFF REPORT To: Planning & Zoning Commission Prepared by: Bailee McClellan, Planning Intern Item: REZ13 -00027 Date: February 6, 2014 GENERAL INFORMATION Applicant: The University of Iowa 2660 UCC Iowa City, IA 52242 Contact Person: David Kieft 2660 UCC Iowa City, IA 52242 (319) 335 -5052 david- kieft @uiowa.edu Requested Action: Rezoning from Neighborhood Stabilization Residential (RNS -20) to Institutional Public (P -2) Purpose: To reflect public ownership of the property and bring it into compliance with Section 14 -2F of the Zoning Ordinance Location: 109 River Street Size: 0.54 acres Existing Land Use and Zoning: Neighborhood Stabilization Residential (RNS20) Surrounding Land Use and Zoning: North: Residential - RNS -20 South: University - P -2 East: University and residential P- 2 and RNS -20 West: Residential - RS -5 Comprehensive Plan: This property is on the edge of and area designated for public use and 2 -8 dwelling units per acre. File Date: December 12, 2013 BACKGROUND INFORMATION: The applicant, the University of Iowa, requests that the subject property located at 109 S:PCD /Staff Reports/ REZ10 -00009 UI Helipad River Street be rezoned from Neighborhood Stabilization Residential (RNS -20) to Institutional Public Zone (P -2) in order to bring the property into compliance with Section 14 -2F of the Zoning Ordinance. The University of Iowa acquired the property to relocate the University of Iowa Visual Arts Building. The former art building was located on the University of Iowa Arts Campus and was damaged by the flood of 2008. Section 14- 2F -B -2 states that public uses of land owned or otherwise controlled by the State or Federal government, such as university campuses, regional medical facilities, post offices and other state and federally owned facilities should be zoned Institutional Public Zone (P -2). ANALYSIS: The property is currently zoned as RNS -20. The proposed rezoning to P -2 has been initiated to reflect that the property has been acquired for the relocation of the Visual Arts Building. The P -2 zoning designation serves a notice function to those owning or buying land in proximity to subject property that it is not ordinarily subject to City development regulations. This zone change will bring the University owned parcel into compliance with Section 14 -2F of the Zoning Ordinance. STAFF RECOMMENDATION: Staff recommends that REZ13- 00027, an application to rezone 0.54 acres of land located at 109 River Street from Neighborhood Stabilization Residential (RNS20) to Institutional Public (P2) be approved. ATTACHMENT: Location map Approved by: S:PCD /Staff Reports/ REZ10 -00009 UI Helipad Robert Miklo, Senior Planner, Department of Planning and Community Development /� � \� 1 Planning and Zoning Commission February 6, 2014 - Formal Page 5 of 10 Miklo said this rezoning recognizes the University's ownership of this property. Freerks opened public discussion. Freerks closed public discussion. Thomas moved to recommend approval of REZ13- 00026, an application to rezone 1.45 - acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. Martin seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ13 -00027 Discussion of an application submitted by The University of Iowa for a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS- 20) zone to Institutional Public (P -2) zone located at 109 River Street. Miklo said this is a similar situation, and the University acquired a property zoned Neighborhood Stabilization Residential for the construction of the new art school. Freerks opened public discussion. Freerks closed public discussion. Swygard moved to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS -20) zone to Institutional Public (P -2) zone located at 109 River Street. Eastham seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ14 -00001 Discussion of an application submitted by NCS Pearson, Inc. for a rezoning of approximately 49.5 -acres of property from Office Research Park (ORP) zone to Research Development Park (RDP) zone located at 2510 N. Dodge Street. Miklo showed photographs of the subject property and the surrounding area. He said the purpose of the application is to make sure this property stays in compliance with the Code. He said the proposed Moss Road would go across the northern portion of this property and would make it nonconforming in terms of the setback from the right of way, about 70 feet as opposed to 150 feet the existing zoning district requires. Freerks opened public discussion. Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ13- 00027) ORDINANCE N9 ORDINANCE REZONING .54 FEZ13-00027) S OF PROPERTY FROM NEIG BORHOOD STABILIZATION RESIDENTIAL (RN) ZONE TO INSTITUTIONAL PU LIC (P -2) ZONE LOCATED AT 109 RIVER STREET( WHEREAS, the City of Iowa City, rezoning of property located at 109 Ri Institutional Public (P -2); and WHEREAS, the University of Iowa WHEREAS, the University of Iowa - Ordinance; WHEREAS, the Planning and Zon recommended approval. NOW, THEREFORE, BE IT ORDAINED SECTION I APPROVAL. Property designation of Neighborhood Stabilization behalf of the applicant, The Universi of Iowa, has requested a Street from Neighborhood Stabilizat' n Residential (RNS -20) to Arts Building will be constructed n the property; and 1 parcel will be in compliance w' h Section 14 -21F of the Zoning Commission has reviewed THE CITY COUNCIL OF Scribed below is hereby ,�idential (RNS -20) to Instl Lots 19 and 20 and the easterly '/z of the Manville Heights Addition, Iowa City, Iowa, Records of Johnson County, Iowa. SECTION II. ZONING MAP. The Building zoning map of the City of Iowa City, Iowa, to c and publication of this ordinance by law. 11 proposed rezoning and has CITY OF IOWA CITY, IOWA: assified from its current zoning lal Public (P -2): alley abu g Lots 19 and 20, all in Block Nine (9) in Ig to the filat thereof recorded in Book 2, Page 4, Plat hereby authorized and directed to change the amendment upon the final passage, approval SECTION III. CERTIFICATION A7italid RDI . Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and direerti a co y of this ordinance and to record the same, at the office of the County Recorder of Johnso, I a, at t e owner's expense, all as provided by law. SECTION IV. REPEALER. All ordd parts of rdinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If a, provision or rt of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudicll not affect the alidity of the Ordinance as a whole or any section, provision or part thereof not adjalid or unconstitu 'onal. SECTION VI. EFFECTIVE DATE. inance shall be in a ect after its final passage, approva l and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office t�- E5 _C= r rn co -won" C-)-< -- r7l MIN t�- Z Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ14- 00001) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 49.5 -ACRES OF PROPERTY FROM OFFICE RESEARCH PARK (ORP) ZONE TO RESEARCH DEVELOPMENT PARK (RDP) ZONE LOCATED AT 2510 N. DODGE STREET. (REZ14- 00001) WHEREAS, the applicant, NCS Pearson, has requested a rezoning of property located at 2510 N. Dodge Street from Office Research Park (ORP) to Research Development Park (RDP); and WHEREAS, the Comprehensive Plan indicates that property is appropriate for either ORP or RDP zoning; 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 ORP to RDP: W % of the SW % of Section 36 -80 -6, except that part thereof condemned by Iowa State Highway Commission and further excepting therefrom those parcels conveyed to the City of Iowa City, Iowa pursuant to Deeds recorded in Book 1075, Pages 406 and 408 of the Johnson County, Iowa, Recorder's Office. 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 Ap roved by City Attorney's Office , //, /1Lr Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 03/04/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT:, None. Second Consideration _ Vote for passage: Date published To: Planning & Zoning Commission Item: REZ14 -00001 NCS Pearson GENERAL INFORMATION STAFF REPORT Prepared by: Robert Miklo Date: February 6, 2014 Applicant: NCS Pearson, Inc. Jeffrey Stabenow 2510 N. Dodge Street Iowa City, IA 52245 4effrey.stabenow(a pearson.com Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Ken DeKeyser Hall and Hall Engineers, Inc. 1860 Boyson Road Hiawatha, IA 52233 ken(a)-halleng.com Rezoning from ORP to RDP To avoid the creation of a non - conforming setback due to proposed Moss Road construction 2510 N. Dodge Street 49.5 acres Office — ORP North: Undeveloped - IDORP South: Interstate 80 — ORP East: Commercial — CH -1 West: Agricultural — RDP and OPD -CH -1 Office Research Development Center January 13, 2014 February 27, 2014 This property was annexed into the city in approximately 1970 and zoned Office Research Park (ORP) at that time. It was initially developed for Westinghouse Education Services and was later transferred to NCS. The building currently conforms to the requirements of the Office Research Park (ORP) zone, which requires a 150 foot front setback from streets. With the proposed construction of Moss Road, the setback on the north side of the building will be approximately 70 feet from the new street. The applicant is proposing to rezone the property to Research Development Park, which requires a front setback of 20 feet, to avoid the creation of a non- conforming building setback. The applicant has submitted the attached rezoning exhibit showing 2 the proposed location of Moss Road in relation to the existing development. The applicant has indicated that they plan to use the "Good Neighbor Policy" ANALYSIS: Current Zoning: The purpose of the ORP zone is to provide areas for the development of large office and research firms and other complementary uses. The requirements of this zone protect uses in the zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses. Hotels, motels and similar uses should be located along the periphery of the Zone or in such other locations that do not adversely affect the setting and quality of development for the permitted uses of this Zone. Proposed Zoning: The uses allowed in the RDP zone are the same as the ORP zone. The difference between the two zones is essentially the scale of developments and buildings. The ORP zone requires a minimum lot area of 7 acres, front setbacks of 150 feet and side rear setbacks of 100 feet. The RDP zone has a minimum lot area of 1 acre, front setback of 20 feet and no setback for side or rear lot lines unless adjacent to a residential zone. Approving the proposed rezoning will allow the property to remain conforming to the zoning code after Moss Road is built as the existing building will be more than 20 feet from the property line. Compliance with Comprehensive Plan: The Comprehensive Plan designates a large area north of Interstate 80 and west of Dodge Street as an Office Research Development Center. Both the existing ORP and proposed RDP zones are appropriate zoning designations for this land use designation. The proposed zoning will also be compatible with the existing, but undeveloped, RDP zone to the west, the ID -RDP zone to the north and the nearby Highway Commercial (CI -1) zone. STAFF RECOMMENDATION: Staff recommends approval of REZ14- 00001, an application submitted by NCS Pearson to rezone a 49.5 -acre property located at 2510 N. Dodge Street from Office Research Park (ORP) to Research Development Park (RDP). ATTACHMENTS: 11ocation Map 2. Rezoning Exhibit Approved by: G Jeff Davidson, Director Department of Planning and Community Development PCD \Staff Reports \staffreport.doc rl O C:) O _ O �I W N o g N LV ce ♦`` o O U a o — 0 } U O U T U U ® a 0 O O U T V IL p" O O J U � CL Lnn oc � IL -a O o � oC oc z 0 Ln N Q a� H �' a MOSS FARMS, INC EXISTING ZONING - 16AP STEPHEN MOSS EXISTNG ZONING - FOP REZONING EXHIBIT 1 2510 NORTH DODGE STREET IOWA CITY, JOHNSON COUNTY, IOWA i < 1 e CWiNC SCAIE IN PEff " ry J �.�1� DM I . "A M ORP FOR J Y e o�4 ' "M1 STEPHEN MOSS ZONING - OP0 -CHI CHI. i L�- INTERSTATE 80 HE 4 _ '^ INTERSTATE 60 SE � +TM*� aiMg' m OWNER- LEGAL DESCRIPTION: CS PR- E CS ARSON, LAC CONTACT PERSON. DEKEYSER, P.E. W 1/2 OF THE SW 1/4 OF SECTION 36 -60 -6, THAT 5601 GREEN VALLEY DRIVE _KEN HALL HALL ENGINEERS, INC. PART THEREOF CONDEMNED BY IOWA STATE HIGHWAY HWAY BLOOMINGTON M N 55137 1660 OYSON pn > B PARCELS COMMISSION C AND FURTHER EXCEPTING THEREFROM THOSE PARCELS CONVEYED TO THE CITY OF IOWA CITY, IOWA APPLICANT: HIAWATHA IA 52233 Z 52233 ( }19) 362 -9596 PURSUANT TO DEEDS RECORDED IN BOOK 1075, PAGES 106 NOS PEARSCNIINC KENOHALLENG.COM I- AND 408 Of THE JOHNSON COUNTY, IOWA RECORDER'S OFFICE. 2510 N DODGE STREET COUNTY, DODG IOWA CITY IA 52245 -m = P g g 8 Sx «t TN.: HALL & HALL ENCgWERV NC. 8 — n R o q REZONING EXHIBIT 10 ' 2510 NORTH DODGE STREET ?, 11p F.111. GmLexpxDFiexD. vnoeaEEU¢xnECVM t'O — z IOWA CITY, JOHNSON COUNTY, IOWA UN D dIRYEYIN3. AND CEYELfiplExi pNlxxG Mpmn Av Deelr" by. SIN' I paw OK SKF I QiickW A, KM9 CAD FY. k \aeLel. \R9M \RW9 Vaa, \Gw \RVwM EMW1- D10611Jw Del. pMIM .6n 00. MX. - 4NVn RIII IN tlK1Y- EDRUAd Planning and Zoning Commission February 6, 2014 - Formal Page 5 of 10 Miklo said this rezoning recognizes the University's ownership of this property. Freerks opened public discussion. Freerks closed public discussion. Thomas moved to recommend approval of REZ13- 00026, an application to rezone 1.45 - acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. Martin seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ13 -00027 Discussion of an application submitted by The University of Iowa for a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS- 20) zone to Institutional Public (P -2) zone located at 109 River Street. Miklo said this is a similar situation, and the University acquired a property zoned Neighborhood Stabilization Residential for the construction of the new art school. Freerks opened public discussion. Freerks closed public discussion. Swygard moved to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS -20) zone to Institutional Public (P -2) zone located at 109 River Street. Eastham seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. X REZ14 -00001 Discussion of an application submitted by NCS Pearson, Inc. for a rezoning of approximately 49.5 -acres of property from Office Research Park (ORP) zone to Research Development Park (RDP) zone located at 2510 N. Dodge Street. Miklo showed photographs of the subject property and the surrounding area. He said the purpose of the application is to make sure this property stays in compliance with the Code. He said the proposed Moss Road would go across the northern portion of this property and would make it nonconforming in terms of the setback from the right of way, about 70 feet as opposed to 150 feet the existing zoning district requires. Freerks opened public discussion. Planning and Zoning Commission February 6, 2014 - Formal Page 6 of 10 Mike Pugh, the attorney for the applicant, said the issue of rezoning came up at the suggestion of the City. He said Pearson has expressed concern that Moss Ridge Road would limit its ability to expand. He said once the road is in, the north side of the building would immediately be non- conforming, so rezoning is a way to make the current building conforming at that point and still allows Pearson to expand in the future. Freerks closed public discussion. Thomas moved to recommend approval of REZ14- 00001, an application submitted by NCS Pearson to rezone a 49.5 -acre property located at 2510 N. Dodge Street from Office Research Park (ORP) zone to Research Development Park (RDP) zone. Swygard seconded. Freerks said the rezoning allows the building to stay in conformity and expand, and she will support it. Thomas said he'll be supporting it, but it is a relatively tight space between the building and the parking lot so it poses a design problem, but one that can be solved. A vote was taken and the motion carried 7 -0. Code Items Discussion of Riverfront Crossings District Form -Based Zoning Code and related zoning code amendments. (The form -based code is available for review at http:// www .icaov.org /riverfrontcrossings) Howard provided a new matrix for the proposed amendments to the form -based code that address concerns from the Commission. Howard noted that additional changes may be made by Council once they receive the code. Howard summarized the proposed amendments that were included in the January 31 staff memo. She requested deferral of the discussion of the changes to parking regulations. Howard clarified that items 34 and on in the matrix were new and addressed concerns expressed by Commission member Thomas and Pam Michaud (public). Freerks requested that the Commission run through the items prior to the public hearing in order to see where there was a majority in favor of moving forward. This would give the public a sense of the direction the Commission was heading and hence where public input would be most useful. Eastham requested to remove from consideration the first 6 items on the matrix that deal with high bonus provisions for affordable and elderly housing. Freerks sought consensus from the Commission. The Commission concurred in removing these amendments. Item 10, effecting heights along the Gilbert Street Corridor, there was not a majority of the Commission that wished to pursue the amendment. Prepared by: Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ14- 00001) ORDINANCE NO. ORDINANCE REZONING APPROXIaCH L�F''49.5 -ACRES OF P PERTY FROM OFFICE RESEARCH PARK (ORP) ZONE TO RES DEVELOPMENT PARK (R P) ZONE LOCATED AT 2510 N. DODGE STREET. (REZ14 -000 WHEREAS, the applicant, NCS earson, has requested a rezoning of pro erty located at 2510 N. Dodge Street from Office Research ark (ORP) to Research Development Park ( P); and WHEREAS, the Comprehensi a Plan indicates that property is appropriate for either ORP or RDP zoning; and WHEREAS, the Planning an Zoning Commission has reviewed the pr posed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDA ED BY THE CITY COUNCIL OF THE Cl OF IOWA CITY, IOWA: SECTION I APPROVAL. Pro erty described below is hereby reclass' ied from its current zoning designation of ORP to RDP: W '/2 of the SW % of Section 36 -8 \inook xcept that part thereof conde ned by Iowa State Highway Commission and further exceptinrefrom those parcels conv ed to the City of Iowa City, Iowa pursuant to Deeds recorded 1075, Pages 406 and 4 of the Johnson County, Iowa, Recorder's Office. SECTION II. ZONING MAP. The BuildinR Inspector is hereb authorized and directed to change the zoning map of the City of Iowa City, Iowa, to c form to this am ndment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECOR IN G. Upo passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify copy f this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at a owners expense, all as provided by law. SECTION IV. REPEALER. All ordinances and pa of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, pr ision r part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall t affect a validity of the Ordinance as a whole or any section, provision or part thereof not adjudged inv d or uncons tutional. SECTION VI. EFFECTIVE DATE. This Ord' ance shall be i effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office N _C= 25 -n rn C =-t cao ;tr f' C) 0D 03-04-14 6f Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 14 -4572 AN ORDINANCE AMENDING TITLE 15: LAND SUBDIVISIONS TO REMOVE MAXIMUM DISTANCE REQUIREMENTS FOR THE PLACEMENT OF CLUSTERED MAILBOXES IN NEW SUBDIVISIONS AND ADDING GUIDELINES TO ENSURE APPROPRIATE PLACEMENT OF LARGE CONCENTRATIONS OF MAILBOXES. WHEREAS, the Subdivision Regulations currently require that mailbox clusters be located within one block or 600 feet walking distance of the residences they serve; and WHEREAS, the U.S. Post Office has indicated it will no longer support these maximum distance requirements, which may result in larger mailbox clusters; and WHEREAS, there are traffic safety and aesthetic concerns associated with large mailbox clusters that may impact individual properties adjacent to cluster sites; and WHEREAS, the proposed changes to the regulations are intended to provide flexibility to address these concerns on a case -by -case basis based on the design and density of the proposed subdivision; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: Delete paragraphs 15 -3 -10B and C and replace with the following: B. Mailbox clusters serving residential developments shall be conveniently located for residents. Unless otherwise approved by the City, mailbox clusters shall be located in an outlot maintained by the homeowners association. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross heavily trafficked streets. Driveways shall be allowed no closer than twelve feet (12') from the location of a clustered mailbox as measured along the curb line of the fronting street. Mailboxes must be located in a manner that will not violate the city's intersection visibility standards. Locations and design must be approved by the City and the United States postal service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull over lane built to city specifications. C. Mailbox clusters shall be located on a concrete pad built to city specifications. To provide for pedestrian access, a five foot (6) wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA standards for accessible design. In situations where there are a large number of mailboxes, the cluster site should be designed and located as an attractive and integrated component of the neighborhood (e.g. covering or shade structure, landscaping, setbacks, parking or vehicle access) in order to ensure that it does not detract from properties immediately adjacent to it. The cost of installation, including, but not limited to, box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be the responsibility of the homeowners association and /or the United States Postal Service. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. 14 -4572 Page 2 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 4th day of March , 2014. MAYOR 12,-31-1-3 City Attorney's Office ATTEST: CITY LERK roved by: _ Ordinance No. 14 -4572 Page _3_ It was moved by Payne and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 01/21/2014 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: Dickens. Second Consideration 02/18/2014 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 03/13/2014 '® Marian Karr From: Jean Walker < walkersic @yahoo.com> Sent: Saturday, March 01, 2014 10:41 PM To: Council Cc: walkersic @yahoo.com Subject: Cluster Mailboxes Attachments: ClusterMailboxes.jpeg Sarah, Thanks for your informative response. It does seem however that the mailbox clusters are not just for the new neighborhoods. I quote from an article in the Daily Iowan 1/30/14: "The U.S. Postal Service is moving toward clustered mailboxes in all neighborhoods. Individual mailboxes may become a thing of the past, because the U.S. Postal Service is moving toward clustering mailboxes in every neighborhood in order to reduce debt." See attached article for details including City Councilor Kingsley Botchway II saying, "From our (the City Council's) standpoint, we'll try to do whatever's best for the city and its residents." I am therefore asking that the City discuss with the local Post Office how best both of you can serve the people who are unable to get to a cluster mailbox for both their outgoing and incoming mail, either on a temporary or permanent basis. Thank you, Jean Walker 335 Lucon Drive Iowa City Sarah Walz To McMarcia BollingerCouncil Feb 14 Feb 14 Jean, Marcia Bollinger asked me to respond to your email as I am the staff person who drafted the report on the changes to our cluster mailbox requirements. The changes currently proposed will effect new subdivisions only (not existing neighborhoods) and only those for which the U.S. Postal Service requires large numbers of mailboxes to be placed at one location. It is my understanding that individuals who are unable to collect their mail at a remote location may request delivery to their doors. Of course, USPS makes the decision as to who qualifies for home delivery and whether to provide the option at all. In other words, this is not something that is under the control of local government. Mailbox clusters have been required by USPS for most new subdivisions for several years now. In the past, small clusters were located throughout a given subdivision. More recently, the USPS has been requiring the consolidation of mailbox locations such that large numbers of boxes may be required at a single site. I believe the movement toward cluster mailboxes was initiated by Congress as a cost - saving measure. The reason we address mailbox clusters in our subdivision regulations is to ensure that mailboxes are as accessible as possible given the new USPS delivery model. That is, mailbox clusters should be located in areas that are safe and are easily reached by car as well as on foot (i.e. adjacent to sidewalks or trails, which are required to be ADA accessible). Cluster locations should be convenient to the majority of homes they serve and should not detract or overly burden any individual property due to the traffic they may generate. I wish I could offer more information with regard to longterm plans for home delivery by USPS, but much seems up in the air at this time. Let me know if you have additional questions. Sincerely, Sarah Residents at Hawla Rkige Ap Wats die& 00 maffm on Wednesday at the complex's mad center. If the US. Postal Service gets appm aa, std tesftU maHbmces wl be ditnin W aW mphxW widtdusters of mares. (the Darcy lawanlloshua Housing) The US. Postal Service is moving toward clustered mailboxes iri all neighborhoods. ByDAN1ELSEIDL Barad- sei��tdawaedu Individual mailboxes may become a tbing of the past, because the US. Post- al Service is moving toward clustering mailboxes in ev- ery, neighborhood in order to reduce debt. At the last. Iowa City City Council meeting, the council removed a distance requirement for clustered mailboxes and discussed the effect the boxes could have Cluster mailboxes, which group all of a neighbor- hood's mailboxes in one structure, were previously only allowed to be within 600 feet of any residence. The councilors removed the restriction in response to the Postal Service saying it would no longer support distance limits: Though clustered mail- boxes are the norm in-ma ny newer neighborhoods nationwide, older neigh- borhoods will have a hard- er time adapting to the change. One reason for this is they might not have neigh- borhood asso&t on to maintain the mailboxes, which could cause some problems, said University of Iowa political-scienceAs- sociate Professor Timothy Hagle. "The question is, who actually is responsible for it ?" he said. "Somebody's got to pay for it, and that's undoubtedly the customer, one way or another," Maintenance of the mail- boxes is one of the largest ways this change could af- fect Iowa Citx he said The logistical impact of clustered mailboxes isn't the only issue. Clustered mailboxes could negatively , affect neighborhoods visually, said City Councilor Kings- ley BotchwayIL «s..,,.,, ..44,&+;r- to be very hard to do " Though the image of the mailboxes may not be the most appealing, the change is a necessary one for the service, Hagle said. This necessity is caused in part by the Postal Service quick- ly becoming obsolete. "Because more people are using electronic mail .. [the Postal Service] has to find ways to cut costs," he said. This wouldn't be the first time the Postal Ser- vice changed services to cut costa In February 2013, Saturday mail service was significantly reduced, which was in response to a more than $15 billion debt reported by the service in 2012. Having clustered mail- boxes significantly reduces the amount oftime carriers spend in each neighbor- hood, making one stop in- stead of several. "It saves a lot of time' Io- wa City Neighborhood Ser- vices coordinator Marcia Bollinger said. Kt makes it much more efficient from their end:' Bollinger said while the clustered mailboxes may be inconvenient for some, es- pecially if their houses are far away from the cluster, she doesn't expect a very significant_ impact. "I haven't heard any strong feelings," she said. "I don't see it being a big con- troversy." , Botchway said the coun- cil would have preferred more input in the decision, but the councilors will do the best with what they are given. "The Postal Service is just kind of forcing our hand in this matter," he said. "From our standpoint, well try to do whatevees best for the city and its res- idents." L 03 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 14 -4573 ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS," AND CHAPTER 2, ENTITLED "TAXICABS," AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO REQUIRE DRIVERS TO MAINTAIN MANIFEST LOGS, TO REQUIRE SOME UNIFORMITY OF RATE CARDS, TO REQUIRE NOTIFICATION WHEN A LICENSE PLATE NUMBER IS CHANGED, TO ELIMINATE TAXI STANDS, TO ALLOW TAXIS TO BE PARKED ON RESIDENTIAL STREETS, AND TO AUTHORIZE THE CITY TO SUSPEND A LICENSE. WHEREAS, currently companies are required to maintain manifest logs, but drivers are not similarly required to do so; WHEREAS, currently rate cards are filed with the clerk and posted in the vehicle, but there is no uniformity among them; WHEREAS, currently there is no requirement to notify the City when a license plate number is changed for a vehicle that has been issued a decal; WHEREAS, currently there are no taxi stands, and there has been only one in recent years; WHEREAS, currently taxis, unlike other commercial vehicles, cannot be parked on residential streets; WHEREAS, currently the hearing officer is authorized to revoke a license of a company and the authorization of a driver, but not to issue temporary suspensions; WHEREAS, currently there is a provision that decals cannot be transferred but there is no similar provision regarding licenses; and WHEREAS, it is in the public interest to adopt these amendments. 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 1, entitled "Business and License Regulations," Section 5, entitled "Revocation of License or Authorization," is amended by adding the following sentence at the end of the section: Upon hearing, the city manager or designee may uphold the revocation, may reverse the revocation, or may suspend the license or authorization. 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by adding a new definition for "Entry Fee" and by deleting the definition of "Rate Card" and substituting a new definition in lieu thereof: Entry Fee: The fee charged when the taximeter is turned on regardless of the distance traveled. Rate Card: A card containing the maximum fare rates and complaint procedure. A rate card must include the information shown on the city clerk's rate card template, and it must be filed with the city clerk. 3. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection A3 is amended by adding the following sentence to the end of the subsection: If the owner is not a resident of Iowa, certified criminal history of that state and certified driver's record of that state. 4. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection B5 is amended by deleting it in its entirety and substituting the following new subsection in lieu thereof: Except for pedicabs and horsedrawn vehicles, maintain manifest logs for all drivers for 60 days and provide manifest logs to the city upon request. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C1 is amended by deleting it in its entirety and substituting the following new Subsection C1 in lieu thereof: Issuance Or Denial Of Business License: If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal Ordinance No. 14 -4573 Page 2 infraction citations, and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C is amended by adding the following new Subsection C3: The license cannot be sold, assigned, or transferred to another taxicab business. 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection D3 is amended by deleting Paragraph d in its entirety and substituting the following new paragraph in lieu thereof The applicant shall return the decal and remove the bubble light and lettering within 2 business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to revoke the taxicab business license. 8. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection D3 is amended by a dding the following new Paragraph e: If, after the issuance of a decal, the license plate for the vehicle is changed, the applicant shall inform the City Clerk in writing of the new license plate number and have the City Equipment Supervisor or designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until the City Equipment Supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the City Equipment Supervisor or designee has verified that the VIN and decal match the new license plate number. 9. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, entitled "Liability Insurance Requirements," is amended by deleting Subsection A5 in its entirety and substituting in the following new subsection in lieu thereof. The cancellation or other termination of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a reinspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written notification of the vehicle cancellation to the taxicab business if the taxicab business does not return the decal within 2 business days. 10. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled "Vehicle Inspection Required," Subsection B is amended by deleting the last two sentences and inserting in lieu thereof the following sentence: After reinspection and determination that the vehicle meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 11. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "State Chauffeur's License Required," is amended by deleting it in its entirety and substituting the following new section in lieu thereof: No person shall operate a motorized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 12. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 6, entitled "Driver Requirements," is amended by adding the following new Subsection E: Each driver shall maintain manifest logs for 60 days and provide the manifest logs to the City upon request. Each driver shall keep in the taxicab the manifest logs for the current shift. 13. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7, entitled "Rates; Hours; Complaints," Subsection Al is amended by deleting the last sentence. 14. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9, entitled "Vehicle Stand," is amended by deleting it in its entirety. 15. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 10, entitled "Terms of Decals and Authorization; Renewals," i s amended by d eleting the last s entence in Ordinance No. 14 -4573 Page 3 Subsections A and C in their entirety. 16. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 13, entitled "Revocation of Licenses and Permits," is amended by deleting it in its entirety and substituting the following in lieu thereof: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5 -1 -5 of this title. 17. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," Subsection D, "entitled Public Carrier Stops and Stands," is amended by deleting Paragraph 2b in its entirety and substituting the following in lieu thereof: Taxicabs: The driver of a taxicab may temporarily stop in accordance with other stopping or parking regulations at any place while actually engaged in the expeditious loading or unloading of passengers. 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 become effective May 31, 2014. Passed and approved this 4th day of March , 2014. ATTEST: 233 � CITY CLERK Approved by City Attorney's Office Ordinance No. 14 -4573 Page 4_ 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 Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 02/18/2014 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Botchway. NAYS: Throgmorton. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/13/2014 Moved by Mims, seconded by Dickens-; 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, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None.' ABSENT: None. Marian Karr From: Jim Throgmorton Sent: Monday, February 24, 2014 10:32 AM To: Marian Karr Subject: RE: taxi Hi Marian. Sorry for the delay in responding, but I have been traveling to and from Tacoma, WA. The U of I's Library has posted Michael Saponaro's dissertation to "Iowa Research Online." The title is "Economic regulation in the taxicab industry: a case study of Iowa City, Iowa," and it can be found and downloaded at: http: / /ir.uiowa.edu /etd /5052/ Chapter 5 (pp. 106 -113) presents Saponaro's conclusions. The abstract reads as follows: Abstract This thesis quantitatively and qualitatively analyzes the economic regulations that govern taxicab firms in Iowa City, Iowa. Based upon a review of the relevant literature, an economic analysis of regulations and market power, and conducted interviews among taxicab owners and drivers, city staff and planners, and members of the general public, this paper will analyze the costs and implications of economic regulations and risks of regulatory capture, and identify improvements to existing ordinances and city codes. Current economic theory argues that economic regulations create both real and perceived entry barriers, and impose costs to producers and consumers. Additionally, these regulations stifles entrepreneurship and innovation, reduces driver pay, and in some instances leads to discrimination and encumbrance for the most vulnerable residents, recent immigrants and the car -less poor. On the question of whether economic regulations causes high concentrations of market power in U.S. cities, regression analysis of medium to large U.S. cities does not reveal a correlation between entry regulation and market power. Additionally, calculations of the Herfindahl (HH) Index for taxi firms in Iowa City yields a HH score of 0.103052, which is considered an un- concentrated market. However, while the quantitative data indicates that economic regulations do not cause an identifiable influence on market power, qualitative data gathered from stakeholder interviews reveal a burden in the form of unavoidable sunk costs for drivers, owners, and riders. These interviews reveal the "true" costs of regulations, as well as the perceived costs by policy makers, regulators, and the general public, who frequently underestimate the burden of regulation. This thesis further highlights how regulations arise in the policy- making process; and to what extend they stem from either anti - competitive interests between established firms, a lack of information among policymakers, or simply planners' failure to integrate taxis into a more comprehensive regional transportation system. Ultimately this thesis argues that some of Iowa City's taxicab regulations, particularly the liability insurance minimums for drivers, the terms of operation for dispatching, and the profiling of immigrant and small firm cabbies by ICPD are burdensome and unnecessary. Loosening of these restrictions would benefit small firm and drivers, the general consumer of taxi services, and compliment larger city planning goals in Iowa City, Iowa. Despite the costs and burdens, this thesis does not justify complete deregulation for Iowa City's transportation policy, particularly when case studies of such efforts have not always yielded positive benefits. Instead, this thesis advocates for "better regulation ", to be enforced on a regional level, rather than at a municipal level. Jim Throgmorton District C, Iowa City City Council Please Note: No correspondence (including emails) to City Council is confidential. All correspondence (including emails) to me as a City Council member about City issues is a public record. From: Marian Karr Sent: Wednesday, February 19, 20141:43 PM To: Jim Throgmorton Subject: taxi At your convenience could you please send me info you mentioned last evening from thesis. Marian K. Karr, MMC City Clerk I City of Iowa City P. 319 - 356 -5041 F. 319 - 356 -5497 Population 67,862 Proud Home of the Iowa Hawkeyes! 106 CHAPTERS CONCLUSIONS AND POLICY RECOMMENDATIONS Introduction One thing should become apparent after reading the preceding chapters, and that is that the taxicab industry has a tendency to be mismanaged by regulators. The taxi industry is frequently seen as a "nuisance," or is just generally ignored by urban planners and city staff. I consider such mismanagement to be a tremendous opportunity loss from taxis' true potential. According to John Boroski and Gerard Mildner, "planners frequently overlook the industry as a legitimate form of transit as taxicabs do not provide many shared rides, utilize vehicles similar to private automobiles, and almost never fall within the purview of planning departments" ( Boroski and Mildner,1998). Snubbing the taxicab industry and its stakeholders has huge ramifications, as the taxi is actually quite important to most urban area's transportation services. According to John Kramer, economic regulations that limit taxi entry and prevent fare discounts cost U.S. consumers $800 million a year, and removing the regulations would generate 38,000 new employees in the taxi trade (Kramer, 1993). Additionally, the taxi industry helps "bridge the gap" for residents who rely on a mix of public transit and taxi services for transportation. According to Frankena and Pautler, "The taxicab industry provides a significant fraction of urban public transportation services. In some urban areas, the taxicab is the only form of public transportation. Nationwide, in 1970 fleets operating fully licensed taxicabs produced 2.4 billion passenger trips, or 40 percent as many 107 passenger trips as did urban transit bus and rail systems. These taxi fleets employed at least 111, 000 people, and they generated 35 percent more passenger revenue than did urban transit systems." (Frankena and Pautler, 1984, p. 17). The economic development component of job creation in the taxi industry is particularly salient now as Iowa City, and the nation, rides out the doldrums of the great recession of 2008. Another important consideration for the taxi industry is the adaptability of the positions for certain segments of Iowa City's population. For many years, taxi driving has been considered a "poor man's gateway to mainstream America" (Dao, 2013). In Iowa City this is no exception, as many recent immigrants to the area use the taxi industry as a venue for quick and relatively self- directed employment. Equity issues are not just a concern for taxi drivers, as the general consumer of taxicab services often merits social justice consideration as well. "A large proportion (perhaps most) of the users of taxicab service are persons of low income ... For example, a 1970 study of taxi use in Pittsburgh revealed that 58% of those who used taxis regularly did not own an automobile; 60% of the trips were made by housewives, students, or unemployed, retired or incapacitated individuals" (Dempsey, 1996, p. 90). These issues, therefore, make economic regulation all the more questionable. As Frankena & Pautler pointed out, "Entry restrictions ... impose a disproportionate burden on low income people... restrictions on the number of taxis also limit the employment opportunities of less skilled workers" (Frankena and Pautler, 1984, p. 14). W-01 Policy Conclusions While this thesis outlined the problems of regulations, the conclusion is largely composed of this author's own suggestions for public policy in Iowa City, or at least for modifications within the taxi industry's regulatory framework. As this paper largely defended the notion of deregulation of the taxi business, the author makes great effort to therefore suggest "free- market" solutions that do not require political machinations for implementation. Relationship Building One of the more urgent recommendations suggested by this author is a process of "relationship- building" between the City of Iowa City's staff and police force and taxi drivers and owners. Many taxi insiders, particularly independent owner - operators, believe that the city was actively working against them in their day -to -day tasks. One driver was under the impression that off -duty police officers moonlighted for Marco's and Yellow Cab, as she believed small firms were targeted and scrutinized by ICPD to a much greater degree than the larger more established firms ( "Susan," Informational Interview with (Former) Cab Owner, September 29th, 2013). While this allegation is without evidence, it nonetheless demonstrates the anxiety felt by cab drivers in relationship to police and regulators. This is unfortunate as both entities share the same goals of safe and healthy transportation for Iowa City's residents. While city staff acknowledges that they have built relationships with existing firm owners, as evident by the informational interviews, 109 these relationships must extend to the owner - operators as well, as they are one of the stakeholder groups that face a large burden under the current regulatory framework. Additionally, a process of regional coordination and "relationship- building" between Iowa City /Coralville and North Liberty would improve the situation for consumers and producers. The Iowa City Police Department, University Heights Police Department, and the University of Iowa Department of Public Safety would also do well to coordinate their taxi enforcement strategies for downtown Iowa City, as many drivers complain that the rules for one stretch of road change depending on the police officer that is monitoring their behavior at the time. Perfect Information One of the most important requirements for an efficient marketplace is the foundation of perfect information between producers and consumers. Under current regulations, Iowa City firms are required to post their fares publically with the city each year, and those fares are uploaded onto the city's web site. This is an excellent start, but it needs to be taken further. The city should not set rates, but simply standardize rate sheets and metrics across existing companies. Currently, firms charge rates based on different metrics, some on 1/8 mile, some on 1/9 mile, some on 1/z mile, etc. A standardized rate sheet, provided by the city, would be a low- cost, easy solution. Incidentally, the city is free to upload this author's table of standardized rates if so desired. Additionally, an online "feedback" archive would also be a step in the right direction. Current economic regulations ensure that independent owner - operators 110 cannot enter the market under their own volition, but must be tied to existing companies and drive for them. Under this system, individual drivers have no incentive to differentiate their product, as the customer's interaction is only with a firm's dispatch as a point of contact. An online feedback archive would allow customers to give more perfect information on their opinion of the cabbie, rather than just the firm, and drivers might be enticed to show more entrepreneurial innovation in their services, rather than as simply serving as a cog in a company's machine. Taxicab Association of Iowa City While once a concerted effort by taxi drivers, this endeavor has since fallen by the wayside ( "Rachel," Informational Interview with Volunteer Coordinator, September 19th 2013). However, the launching of the Worker's Center for Justice in Iowa City might be a new opportunity for drivers, owners, and managers to work together and advocate for less restrictive and costly taxicab policies. As many of Iowa City's current taxi staff are of immigrant descent, which is a larger part of the audience of the Worker's Center for Justice, the potential for success is high. Additionally, a taxicab association would have an opportunity to capitalize on economies of scale. Rather than having each small firm buy dispatching equipment and hire dispatching staff, drivers could form a cooperatively and share dispatching costs under the taxi association. This would help spread the fixed costs among firms, and the establishment of an independent body as a dispatching point of contact would ensure that no one cab driver is given preferential treatment. 111 Incremental Deregulation and Modifications While complete deregulation may not be possible, incremental deregulation may provide allocative efficiency in the sense that incumbent firms, taxi drivers, and consumers could all benefit from such changes as lowering minimum fleet size, easing restrictions on dispatching service, and lowering the minimum liability insurance. It is this author's opinion that simply eliminating all economic regulations outright, even if they are costly, could create chaos in the existing marketplace. Drivers might set out for themselves, flock to perceived demand areas, such as downtown Iowa City or the Riverside Casino, and cannibalize their already meager earnings. However, if the City of Iowa City were to incrementally deregulate the existing framework, the transition to a more diverse mix of small -sized firms, mid -sized firms, and large -sized firms would be less "bumpy." Incremental deregulation is foreseeably a politically drawn out process, therefore the provision of "black car" licenses would at least provide an avenue for entrepreneurship for independent owner - operators in the meantime. Cabbies with their own car could be hired as drivers, and would no longer need to pay leasing fees to firms that provide nothing more than managerial oversight. The injection of these entrepreneurs could increase overall consumer surplus, and eliminate the "sharecropper" position forced on drivers, many of who are immigrants to Iowa City, and are arguably members of a protected class of people. Additionally, eliminating the entry barriers imposed on small firms would allow for a more competitive marketplace, reducing costs for consumers and increasing producer surplus for new 112 entrants. Finally, black car licenses can be amended to ensure that you are only hiring a driver, and not sanctioning a taxi for street cruising, which would eliminate the threat of inexperienced and unmanaged drivers swarming the marketplace. Summary This thesis quantitatively and qualitatively analyzed the economic regulations that govern taxicab firms in Iowa City, Iowa. Based upon a review of the relevant literature, an economic analysis of regulations and market power, and interviews conducted among taxicab owners and drivers, city staff and planners, and members of the general public, this paper analyzed the costs and implications of economic regulations and the risks of regulatory capture, and identified improvements to existing ordinances and city codes. The case study of Iowa City validates current economic theory and the academic literature, which argues that economic regulations create both real and perceived entry barriers, and impose costs to producers and consumers. Additionally, these regulations stifle entrepreneurship and innovation, reduce driver pay, and in some instances lead to discrimination and encumbrance for the most vulnerable residents, recent immigrants and the car -less poor. On the question of whether economic regulation causes high concentrations of market power in U.S. cities, regression analysis of medium to large U.S. cities does not reveal a correlation between entry regulation and market power. Additionally, calculations of the Herfindahl (HH) index for taxi firms in Iowa City yields a HH score of 0.103052, which is considered to indicate an un- concentrated market. 113 However, while the quantitative data indicate that economic regulations do not have identifiable influence on market power, qualitative data gathered from stakeholder interviews reveal a perceived burden in the form of unavoidable sunk costs for drivers, owners, and riders. These interviews reveal the "true" costs of regulations, as well as the perceived costs by policy makers, regulators, and the general public, who frequently underestimate the burden of regulation. This thesis highlights how regulations arise in the policy- making process; and to what extend they stem from either anti- competitive interests between established firms, a lack of information among policymakers, or simply planners' failure to integrate taxis into a more comprehensive regional transportation system. Ultimately this thesis argues that some of Iowa City's taxicab regulations, particularly the liability insurance minimums for drivers, the terms of operation for dispatching, and the profiling of immigrant and small firm cabbies by ICPD are burdensome and unnecessary. Loosening of these restrictions would benefit small firm and drivers, as well as the general consumer of taxi services, and likely compliment broader city goals. Despite the costs and burdens, this thesis does not justify complete deregulation as Iowa City's transportation policy, particularly when case studies of such efforts have not always yielded positive benefits. Instead, this thesis advocates for "better regulation," to be enforced on a regional level rather than at a municipal level. Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULAT NS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS," AND CHAPTER 2, E ITLED "TAXICABS," AND TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," C APTER 4, ENTITLED "PARKING REGULATIONS," TO REQUIRE DRIVERS TO MAINTAI MANIFEST LOGS, TO REQUIRE SOME UNIFORMITY OF RATE CARDS, TO REQUIRE OTIFICATION WHEN A LICENSE PLATE NUMBER IS CHANGED, TO ELIMINATE TAXI ST DS, TO ALLOW TAXIS TO BE PARKED ON RESIDENTIAL STREETS, AND TO AUTHO ZE THE CITY TO SUSPEND ICENSE. WHEREAS, currently ompanies are required to maintain manifest logs, t drivers are not similarly required to do so; WHEREAS, currently rate rds are filed with the clerk and posted the vehicle, but there is no uniformity among them; WHEREAS, currently there is n requirement to notify the Cit when a license plate number is changed for a vehicle that has been issu a decal; WHEREAS, currently there are no taxi ands, and there has en only one in recent years; WHEREAS, currently taxis, unlike other c mmercial vehicle ,cannot be parked on residential streets; WHEREAS, currently the hearing officer authorization of a driver, but not to issue tempora WHEREAS, currently there is a provision th provision regarding licenses; and WHEREAS, it is in the public interest to adopt NOW, THEREFORE, BE IT ORDAINED BY T SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License F Regulations," Section 5, entitled "Revocation of U E sentence at the end of the section: authorized t revoke a license of a company and the suspensi ns; decal cannot be transferred but there is no similar 'amendments. TY COUNCIL OF THE CITY OF CITY, IOWA: atiks," Chapter 1, entitled "Business and License or A thorization," is amended by adding the following Upon hearing, the city manager or /wdefinition a may uphold a revocation, may reverse the revocation, or may suspend the license or authorizatio 2. Title 5, entitled "Business and Liegulations," Cha er 2, entitled "Taxicabs," Section 1, entitled "Definitions," is amended by adding a for "Entry e" and by deleting the definition of "Rate Card" and substituting a new definition * ereof: Entry Fee: The fee charged whe the taximeter is turned on reg rdless of the distance traveled. Rate Card: A card containing he maximum fare rates and c plaint procedure. A rate card must include the information shown on t e city clerk's rate card template, an it must be filed with the city clerk. 3. Title 5, entitled "Business nd License Regulations," Chapter 2, titled "Taxicabs," Section 2, entitled "Taxicab Business License; Ve icle Decals," Subsection A3 is amended adding the following sentence to the end of the subsection: If the owner is not a resi ent of Iowa, certified criminal history of that sta and certified driver's record of that state. 4. Title 5, entitled "B iness and License Regulations," Chapter 2, entitled " axicabs," Section 2, entitled "Taxicab Business Lice se; Vehicle Decals," Subsection B5 is amended by de ting it in its entirety and substituting the followi new subsection in lieu thereof: Except for pediobs and horsedrawn vehicles, maintain manifest logs for all driv rs for 60 days and provide manifest log to the city upon request. 5. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C1 is amended by deleting it in its entirety and substituting the following new Subsection C1 in lieu thereof: Issuance Or Denial Of Business License: If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal Ordinance No. Page 2 infraction citations, and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab busine . 6. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxi s," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection C is amended by ding the following new Subsection C3: The license cannot be sold, assigned, or transferred to another taxicab busi ess. 7. Title 5, entitled "Business and License Regulations," Chapter 2, entitl "Taxicabs," Section 2, entitled "Taxicab Business License; Vehicle Decals," Subsection D3 is amend d by deleting Paragraph d in its entirety and substituting the following new paragraph in lieu thereof The applicant shall return t =rating ecal and remove the bubble lig and lettering within 2 business days of when the vehicle is no longe as a taxicab. Failure to omply with this provision is grounds to revoke the taxicab business lice se. 8. Title 5, entitled "Business nd License Regulations," Ch ter 2, entitled "Taxicabs," Section 2, entitled "Taxicab Business License; Veh le Decals," Subsection is amended by adding the following new Paragraph e: If, after the issuance of a cal, the license pl a for the vehicle is changed, the applicant shall inform the City Clerk in writing of the ew license plat umber and have the City Equipment Supervisor or designee verify that the VIN, license late number and decal match. No driver shall operate a taxicab until the City Equipment Supervisor or signee h verified that the VIN and decal match the new license plate number. No taxicab business s all all a taxicab to be operated until the City Equipment Supervisor or designee has verified that t e VI and decal match the new license plate number. 9. Title 5, entitled "Business and Licen a egulations," Chapter 2, entitled "Taxicabs," Section 3, entitled "Liability Insurance Requirements," is ame ed by deleting Subsection A5 in its entirety and substituting in the following new subsection in lieu thereof The cancellation or other terminatio of ny insurance coverage for any single vehicle shall require the decal to be returned to the city clerk a d a re spection of that vehicle will be required prior to the issuance of another decal and use of the v hicle a a taxicab. The city clerk shall immediately issue written notification of the vehicle cancellation to the t xicab business if the taxicab business does not return the decal within 2 business days. /// 10. Title 5, entitled "Busine'ss and Licen Regulations," Chapter 2, entitled "Taxicabs," Section 4, entitled "Vehicle Inspection Required," Subsectio B is amended by deleting the last sentence and inserting in lieu thereof the following sentence: After reinspection and determination that th vehicle meets the standards of mechanical fitness, a new decal will be issued and ch rged as established by council resolution. 11. Title 5, entitled "Business and License egulations," Chapter 2, entitled "Taxicabs," Section 5, entitled "State Chauffeur's License Required," is a ended by deleting it in its entirety and substituting the following new section in lieu thereof: No person shall operate a motorized taxicab, i cluding a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person wh owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed b the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained d shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as am ded. 12. Title 5, entitled "Business and License Regul ions," Chapter 2, entitled "Taxicabs," Section 6, entitled "Driver Requirements," is amended by adding the f Ilowing new Subsection E: Each driver shall maintain manifest logs for 60 days a provide the manifest logs to the City upon request. Each driver shall keep in the taxicab the manifest gs for the current shift. 13. Title 5, entitled "Business and License Regulations " Chapter 2, entitled "Taxicabs," Section 7, entitled "Rates; Hours; Complaints," Subsection Al is amended y deleting the last sentence. 14. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9, entitled "Vehicle Stand," is amended by deleting it in its entirety. 15. Title 5, entitled "Business and License Regulations," Ch pter 2, entitled "Taxicabs," Section 10, entitled "Terms of Decals and Authorization; Renewals," is ame ed by deleting the last sentence in Ordinance No. Page 3 Subsections A and C in their entirety. 16. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 13, entitled "Revocation of Licenses and Permits," is amended by deleting it in its entirety and substituting the following in lieu thereof: Licenses and authorizations issued under this chapter may be revoked /Regulai ed as- rovided in section 5 -1 -5 of this title. 17. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Pa i ns," Section 10, entitled "Parking for Loading and Unlo ading," Subsection D, "entitled Public ps and Stands," is amended by deleting Paragraph 2b in its entirety and substituting the following of: Taxicabs: The driver of a taxicab may temporarily stop in accordance topping or parking regulations at any place while actuallyV-ngaged in the expeditious loading or f passengers. SECTION II. REPEALER. All ordina ces Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any s be invalid or unconstitutional, such adjudicati section, provision or part thereof not adjudged SECTION IV. EFFECTIVE DATE. This O Passed and approved this day of _ MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office and parts of ordinances iry�onflict with the provision of this :tion, provision or paft of the Ordinance shall be adjudged to shall not affect t validity of the Ordinance as a whole or any ivalid or unco titutional. effective May 31, 2014. 2014. 73 Prepared by: Sarah E. Holecek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52246 (319) 356 -5030 ORDINANCE NO. 14 -4574 CONSIDER AN ORDINANCE AMENDING TITLE 1, "ADMINISTRATION ", CHAPTER 8, "ADMINISTRATIVE SERVICE DEPARTMENTS ", SECTION 1 -8 -1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF DEPARTMENTS AND THE HEADS THEREOF AND TO EXTEND THE POWERS AND DUTIES OF THE FORMER POSITIONS TO THE REVISED POSITIONS WHEREAS, restructuring within the City organization to merge the Planning and Community Development and Housing and Inspections Services Department into a single Neighborhood and Development Services Department will result in name changes to departments and their department head; and WHEREAS, during the City Council's budget work session, the merger of the two departments was identified as enhancing progress toward the City Council's strategic plan goals; and WHEREAS, the City Manager recommends this ordinance amendment to accurately reflect the names of departments and the titles of said department heads within the City and to extend the powers and duties of the former positions to the revised positions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be amended by striking "Department of planning and community development" and "Director of planning and community development ", striking "Department of housing and inspection services" and "Director of housing and inspection services ", and replacing with "Department of neighborhood and development services" and "Director of neighborhood and development services "; B. Title I, "Administration ", Chapter 8, "Administrative Service Departments ", Section 1 -8 -1, "Administrative Service Departments Organized ", shall be further amended by adding the following provision at the end Section 1 -8 -1: After March 4, 2014, any references to "Director of housing and inspection services" or "Director of planning and community development" shall mean the "Director of neighborhood and development services ", with the latter having all the powers and duties granted to the former under the provisions of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 4th day of March 12014 MAYOR ATTEST: %lire A CITY CLERK Ordinance No. 14 -4574 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 02/18/2014 Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/13/2014 Moved by Mims, seconded by Dickens, 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: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None: ABSENT: None.