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Home My WebLink About2014-04-01 Ordinance�—aaa1-fr 5b 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, 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, 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 owners 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Commercial (CN -1) to Community Commercial (CC -2): Lots 3, 4 & 5, Walden Square Part Two as recorded in Plat Book 33, Page 226. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12014. MAYOR ATTEST: CITY CLERK Ordinance No. Page 2 Ap oved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 04/01/2014 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 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 among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Walden Square Investments, LC; University of Iowa Community Credit Union; and Fareway Stores, Inc., (hereinafter collectively referred to as "Owners "). WHEREAS, Owners are the legal title holders of approximately 8.70 acres of property located west of Mormon Trek Boulevard and north of Westwinds Drive; and WHEREAS, the Southgate Development Services, L.L.C., 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 applicants rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the surrounding residential neighborhood; and WHEREAS, the Owners agree 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 Lot 5, Walden Square Part Tow as recorded in Plat Book 33, Page 226. University of Iowa Community Credit Union is the legal title holder of the property legally described Walden Square Part Two as recorded in Plat Book 33, Page 226. Fareway Stores Inc. is the legal title holder of property legally described as Lot 4 Walden Square Part Two as recorded in Plat Book 33, Page 226 2. The Owners 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 ppdadrrdagVrez12 -00001 revised conditional zoning agreement.doc impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the 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 Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federal regulations. 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 expense of Walden Square Investments, LC. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor ppdadrrVagtlrez12 -00001 revised conditional zoning agreement.doc 2 , 2014. Walden Square Investments LC By: Southgate Development Services, L.L.C. Ilk / ��. Y• -• Attest: Marian K. Karr, City Clerk Fareway Stores, Inc. Y� CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Approved by: City Attorney's Office University of Iowa Community Credit Union 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 Walden Square Investments LC ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on A?r-az L� N _, 20-N by �os,c Pul_ T( 8�4 &16- -V 4-J as �� -3 tom` of Se +w� �` #AO ""9190"1441, of 4ulic in and for said County and State 3=. Yowa - sy lb ' :t ppdadrntagUrez12 -00001 revised conditional zoning agreement.doc 3 Fareway Stores, Inc. ACKNOWLEDGEMENT: STATE OF IOWA ) drGOMe' ) ss: JGNMftN COUNTY ) Thi.. .. .,..L.,.....I...+....rl L...F..... __ .... / 1 P/,, IL / nr% 141 b... F-A6.9 R E ck �. Cr2LNC/2 F�� 9s�yr iUr %co p as _ _ of Fareway Stores, Inc. Notary Public in and for said Count State University of Iowa Community Credit Union ACKNOWLEDGEMENT: 04114 STEVEN W. GREVING STATE OF IOWA ) _� Commies Number 741231 Ss: MY Co te ioe Exci JOHNSON COUNTY ) This instrument was acknowledged before me on A PtX L- , 20) -A by r_ Q 13 oZ3 L_ as 5-. Ox-c& �6�.�s� _ of the University of Iowa Community Credit Union. o in and for said County and State �p S/0 Towa,� a.�. A� MOO ppdadnVagVrez12 -00001 revised conditional zoning agreementdoc 4 To: Planning & Zoning Commission Item: CPA12- 00006 /REZ12- 00001/ Comp Plan Amendment and Rezoning CN -1 to CC -2 Walden Square STAFF REPORT Prepared by: Sarah Walz Date: January 16, 2014 GENERAL INFORMATION: Applicant: Southgate Development Services 755 Mormon Trek Boulevard Iowa City, Iowa, 52246 Contact Person: Glenn Siders 755 Mormon Trek Boulevard Iowa City, Iowa, 52246 Phone: 319- 337 -4195 gsiders(a).sadev.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 4 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; CN -1 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 CNA 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. CN -1 site development standards (14 -2C -7K through O) 4. Correspondence Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminWrepVemplate. doc p� Is V i i i o No MUSS 1 i a OC N _ 1 - _. � OWC t. jib 1% rl ' O T • t N CL _ a, V 7E -- 4 ; IS Mall NOW O O Ln N of cn 4.1 ! O - IL o 5 3F a 1 a I 3 P .. j NOS N ; O } L I u=g L r fC Ya/ tt 0 W t> f— 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 r 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 zoning. classification. N CZ) `-- rn . - fV 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. S. 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 for 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 14-40, 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 ; 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 fapde 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 the 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 piaka; 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 SITY OF IOWA COMMUNITY CREDIT 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 Dick Noble Sr VP IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON ci co IOWA AVENUE MORMON TREK TOWNCREST IMU CORALVILLE NORTH LIBERTY GRINNELL HIAWATHA VINTON Fareway Stores, Inc. Corporate Offices EGONOMIGAI 2300 E. 8th Street F606 Boone, Iowa 50036 -0070 STORES 515 -432 -2623 Fax: 515433 -4416 January 17, 2012 Mr. Glenn Siders Southgate Development Services ( "Southgate ") 755 Mormon Trek Boulevard Iowa City, Iowa. 52246 SENT VIA EMAIL TO: zsiders aAwydev.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 -1. 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 W e Secretary /General Counsel N •' • P I ;� as rm �� 7 All M & CITY OF IOWA CITY MEMORANDUM 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 &4i ing 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 CPA 1 2-00006/REZ1 2-00001 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 CNA 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 CN -1 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 CN -1 zone serving the city overall. Miklo said the intent of a CN -1 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 CNA 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 CN -1 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 CNA 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 APPROVED JANUARY 16,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL 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 ar 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 46, 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 -4-5,6 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ12- 00001) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is mad etween the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Walden uare Investments LC, (hereinafter "Owner "), and Southgate Development Services, L.L.C. (h reinafter "Applicant "). WHEREAS, Owner is the located west of Mormon Trek Bouli WHEREAS, the Owner has Commercial (CN -1) to Community ( I title holder of approx and north of Westwinds �sted the rezoning of s ercial (CC -2); and WHEREAS, the Planning and Zonl conditions regarding outdoor storage, fre requested zoning is consistent with th e surrounding established residential neighb y 8.70 acres of property : and property from Neighborhood g Commission has etermined that, with appropriate standing signs, nd drinking establishments, the Comprehensiv Plan and compatible with the or ood; and WHEREAS, the conditions controlling signs, and drinking establishments, are intend adjacent residential uses and to ensure neighborhood and function as an asset to the WHEREAS, Iowa Code §414.5 (2013) reasonable conditions on granting an applicE regulations, in order to satisfy public needs cay building 4esign, outdoor storage, freestanding to mi Imize externalities that may conflict with e s pping center continues to serve the J ou ding residential uses: and ides that the City of Iowa City may impose rezoning request, over and above existing �y the requested change; and WHEREAS, the Owner acknowle ges tha certain conditions and restrictions are reasonable to ensure the development the prope y is consistent with the Comprehensive Plan and the need for compatibility with a surroundin residential neighborhood; and WHEREAS, the Owner agrees to, . �(evelop this property in accordance with the terms and conditions of a Conditional Zoning (greement. 1 NOW, THEREFORE, in cons ration of the mutual pr�mises contained herein, the parties agree as follows: 1. Walden Square Inv tments LC is the legal title hol er of the property legally described as "Lots 3, 4 & 5, alden Square Part Two as record din Plat Book 33, Page 226." 2. The Owner an Applicant acknowledge that the City ishes to ensure conformance to the principles f the Comprehensive Plan and the So thwest district plan. Further, the parties ackn ledge that Iowa Code §414.5 (2013) pr vides that the City of Iowa City may impose easonable conditions on granting an applic is rezoning request, over and above the xisting regulations, in order to satisfy public n eds caused by the requested change. 3. In con deration of the City's rezoning the subject property, Rwner and Applicant agree that ffivolopment of the subject property will conform to all her requirements of the ppdadm /agtlrezl2 -00001 conditional zoning agreement. doc 1 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 r any new drinking establishme t will not exceed one hundred (100) unless a specfal exception is approved allowing n increase to a maximum of one hundred, twent -five (125). 4. The Owner, Applicant, a d City acknowledge that the gbnditions contained herein are reasonable conditions to i pose on the land under low Code §414.5 (2013), and that said conditions satisfy publik needs that are caused by pe requested zoning change. 5. The Owner, Applicant and ty acknowledge that irythe event the subject property is transferred, sold, redevelope or subdivided, all r development will conform with the terms of this Conditional Zonin Agreement. 6. The parties acknowledge that thi Conditional Z ing Agreement shall be deemed to be a covenant running with the land nd with title o the land, and shall remain in full force and effect as a covenant with title o the land unless or until released of record by the City of Iowa City. The parties further acknowledge that t is afireement shall inure to the benefit of and bind all successors, representatives, and as igbs of the parties. 7. The Owner and Applicant acknowree a that nothing in this Conditional Zoning Agreement shall be construed to reI' t e Owner or Applicant from complying with all other applicable local, state, and fed ral re lations. 8. The parties agree that this /rezning ional Zo 'ng Agreement shall be incorporated by reference into the ordinance the sub ct property, and that upon adoption and publication of the ordinance, reement s all be recorded in the Johnson County Recorder's Office at the Appli xpense. Dated this day of CITY OF IOWA CITY 2014. Walden'Sauare Investments LC Matthew J. Hayek, Mayor / By: Attest: / Southgate Development Services, L.L.C. Marian K. Karr, City /lerk ppdadm /agt/rez12 -00001 conditional zoning agreement.doc 2 in Approved by: ity Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledge before me on 20_ by Matthew J. Hayek and Marian K. Karr as Mayor an City Clerk, respectively, the City of Iowa City. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged LIMITED LIABILITY CO STATE OF IOWA JOHNSON COUNTY This instrument a as re n and for the State of Iowa on 20_ by of , Inc. Notary Publ% in and for said County and State ACKNOWLEDGEMENT: ss: s acknowledged as before me 20_ by of , L.L.C. Notary Public in and for 4id County and State ppdadm/agtlrezl2-00001 conditional zoning agreemenl.doc 3 — agar -14 5c Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 14 -4578 AN ORDINANCE AMENDING TITLE 14: ZONING CODE CHANGING THE DEFINITION OF "ENLARGEMENT /EXPANSION" SO THAT, FOR A NONCONFORMING DRINKING ESTABLISHMENT, AN ALTERATION OR ADDITION TO A COMMERCIAL KITCHEN THAT DOES NOT RESULT IN AN INCREASE IN THE ALLOWABLE OCCUPANCY LOAD WILL NOT BE CONSIDERED AN ENLARGEMENT /EXPANSION OF THE USE. WHEREAS, the City has established a separation requirement between drinking establishments in certain areas of the city for the purpose of decreasing the overconcentration of drinking establishments and preventing new concentrations from occurring; and WHEREAS, existing drinking establishments that are not in compliance with the required separation distance from other drinking establishments are considered nonconforming uses; and WHEREAS, nonconforming uses are not allowed to be expanded or enlarged; and WHEREAS, an enlargement of a commercial kitchen in a nonconforming drinking establishment where there is no increase in the allowable occupancy of the drinking establishment moves the nonconforming use closer to a conforming use by increasing the capacity to serve food and may decrease the number of nonconforming uses over time; WHEREAS, it is in the public interest to allow such expansions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting the definition of "Enlargement /Expansion" in Article 14 -9A, and substituting in lieu thereof: ENLARGEMENT /EXPANSION: An increase in the volume of a building, an increase in the area of land or building occupied by a use, an increase in the number of bedrooms within a dwelling unit or an increase in the number of dwelling units. For non - residential buildings an increase in the occupancy load of a building is considered an en largement/expansion. For Alcohol Sales- Oriented Retail Uses, any change in the type of liquor license that would increase the types of alcohol or alcoholic beverages that can be sold is considered an enlargement/expansion of the use. For Group Living Uses, any alteration that allows an increase in the number of residents is considered an enlargement/expansion of the use. For nonconforming drinking establishments, neither sidewalk cafes nor any alteration or addition to a commercial kitchen that does not result in an increase in the allowable occupancy load shall be considered an enlargement /expansion of the use. 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, Ordinance No. 14 -4578 Page 2 approval and publication. Passed and approved this ist day of April 12014. adp& n MAYOR z Approved by ATTEST: CITY CLMK dity Attorney's Office 314111V Ordinance No. 14 -4578 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 03/25/2014 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 04/10/2014 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: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. AI 18 % South Clinton Street Iowa City, IA 52240 Clinton Street Social Club Phone: 213 -842 -9131 E -Mail: by @clintonstreetsocial.com Web: clintonstreetsocial.com March 26, 2014 Gix)�a E C ; �-� eG 1t r-� Attn: Senior Planner 410 E. Washington Street Iowa City, IA 52240 To Whom It May Concern: Please accept this request to expedite the passing of item 5c from the city council agenda of March 25', 2014, "EXPANSION / ENLARGEMENT DRINKING ESTABLISHMENT -ORDINANCE AMENDING TITLE 14: ZONING CODE CHANGING THE DEFINITION 6F "ENLARGEMENT /EXPANSION" SO THAT, FOR A NONCONFORMING DRINKING ESTABLISHMENT, AN ALTERATION OR ADDITION TO A COMMERCIAL KITCHEN THAT DOES NOT RESULT IN AN INCREASE IN THE ALLOWABLE OCCUPANCY LOAD WILL NOT BE CONSIDERED AN ENLARGEMENT /EXPANSION OF THE USE." By allowing this amendment to be passed on its second consideration of April 151, 2014, the builders (TD Builders) would be able to keep their current schedule, allowing for the completion of the improvements prior to the very busy weeks of university graduation and early spring during which the business, The Clinton Street Social Club, has many large reservations which will require the use of a larger, faster, safer kitchen. The large, private dinner reservations were taken long in advance, prior to our learning of the need to amend this legislation, under the assumption that the improvements would have been completed by mid March. Many thanks for your time and any consideration. Please feel free to contact me directly in any fashion with any questions or requests. Sincerely, Brian Vogelgesang Owner N C= X_ 3 C?-< N a `Crn -0 C);0 s'� W r CITY OF IOWA CITY 04-01 9 MEMORANDUM Date: March 27, 2014 To: City Council From: Eric Goers, Asst. City Attorney Re: Entertainment Venue Amendment During your March 25th meeting, you asked for some additional information about entertainment venues, the application process, and the status of the open records request. The City Attorney has suggested that I describe the entertainment venue exception certificates generally, as well. In 2010, when the Council was considering amending our ordinance from Under 19 to Under 21, one fear expressed was that doing so would harm the live entertainment scene here in Iowa City. In order to protect that segment, the City created an exception for "entertainment venues." These exemptions allowed entertainment venues to host patrons 19 and 20 years of age until midnight (since changed to 2:00) on show nights. I met several times with the owners and managers of all the venues regularly providing live entertainment at that time, in order to determine what makes a legitimate entertainment venue, and to formulate requirements that would accommodate them without opening the door to other operators merely looking to evade the effects Council intended. Those discussions lead to the requirements now contained in our ordinance, 4- 5- 8(B)(7), governing entertainment venues. Venues wishing to secure entertainment venue status fill out an application provided by the City Clerk. The application is routed to the Police Department and the Neighborhood and Development Services office to verify qualifications. If there is a question of interpretation of the ordinance, those questions are directed to my office. Exception certificates are valid for one year, or until the expiration of the annual liquor license, whichever is sooner. The ordinance includes requirements that the venue provide the Chief of Police, or designee, reports of all show dates at least seven days in advance, as well as quarterly reports detailing all shows. Finally, Mr. Temple mentioned an open records request his attorney had made for information relating to entertainment venues. The request was first made orally on Monday, March 24tH and answered on Wednesday, March 26th. A two day turnaround on an open records request is entirely reasonable, and Mr. Temple will be free to discuss the contents of that information with you at your April 1 st meeting, should he so choose. As always, should you have questions, please do not hesitate to contact me. Cc: Tom Markus, City Manager Geoff Fruin, Assistant City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Sam Hargadine, Chief of Police Sgt. Vicki Lalla, ICPD Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 14 -4579 ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF ALL EXCEPTION CERTIFICATES; AND TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS OF WORDS AND TERMS TO CLARIFY THE DEFINITION OF A "PERFORMER" UNDER THE ORDINANCE. WHEREAS, under the current ordinance, entertainment venues and those holding exception certificates which sell, give, or deliver alcohol to any patron under the legal drinking age more than once within any five year period are subject to revocation of their entertainment venue status; and WHEREAS, under the current ordinance, entertainment venues and those holding exception certificates whose continued operation as such would be detrimental to the safety, health, and welfare of the residents of the City are subject to revocation of their status; and WHEREAS, while either of these two delineated circumstances may lead to the revocation of entertainment venue or exception certificate status, neither is explicitly listed so as to prohibit the issuance of new certificates; and WHEREAS, it is, and always has been, Council's intent that these requirements apply not only to current entertainment venues and exception certificate holders, but new ones as well; and WHEREAS, Council wishes to limit the denial or revocation of these certificates related to delivery of alcohol to minors to the most recent five years at the time of application, instead of any five year period in the history of the establishment; and WHEREAS, Council made clear in its definition of "Performer' that disk jockeys (DJs) would not be considered "Performers ", confusion has arisen over what constitutes a DJ; and WHEREAS, Council wishes to clarify, by defining a DJ as anyone advertised or marketed as a DJ, or playing pre- recorded music outside performances of theater; and WHEREAS, Council wishes for these amendments to apply to all pending and future applications and all present and proposed entertainment venues and exception certificate holders; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (3)(a) is hereby amended by adding the following language at the end of the subparagraph: Furthermore, no certificate will be issued to the establishment if any of the following is true: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within the last five (5) years; or (2) Where continued operation under the exception certificate would be detrimental to the safety, health, and welfare of the residents of the city. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(a) is hereby amended by deleting the "." at the end of subparagraph (13), and substituting "; and "; as well as adding the following subparagraphs: (14) The venue's licensee, permittee, or any employees or agents thereof, has not sold, given, or delivered alcohol to any patron under the legal drinking age more than once within the last five (5) years; and (15) Granting the venue entertainment venue status would not be detrimental to the safety, health, and welfare of the residents of the city. These requirements apply to all pending and future applications for entertainment venue exception certificates. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (7)(d) is hereby amended by deleting subparagraph (d)(1) in its entirety, and substituting the following: (1) Where a preponderance of the evidence shows that the licensee, permittee, or any employees or agents thereof, sold, gave, or delivered alcohol to any patron under the legal drinking age more than once within the last five (5) years; or TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 1, DEFINITIONS, SECTION 1, DEFINITIONS OF WORDS AND TERMS is hereby amended by deleting the last unnumbered paragraph under the definition of "PERFORMER ", and substituting the following language: For purposes of this title, disk jockeys (DJs) are not considered performers. Anyone marketed or advertised as a DJ shall be considered a DJ. Also, anyone playing pre- recorded music outside performances of theater shall be considered a DJ. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 1st day of April , 2014. - 9!&k O MAYOR ATTEST: CITY 'tERK Approved by City Attorney's Office Ordinance No. 14 -4579 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway X— Dickens x Dobyns X— Hayek x Mims x Payne X— Throgmorton First Consideration 03/25/2014 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 04/04/2014 Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Prepared by: Darian Nagle -Gamm, Traffic Engineering Planner, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5254 ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS ", SUBSECTION B, ENTITLED "EXCEPTIONS" WHEREAS, City Code Section 9- 3 -6(B) currently defines speed limits for Lower West Branch Road; and WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; and WHEREAS, Lower West Branch Road east of Hummingbird Lane has limited access points, little turning traffic, design speed that would support a 35 mph speed limit, and daily traffic count of less than 1,000 vehicles per day; and WHEREAS, a traffic study was completed which indicates the 85th percentile speeds (considered to be that of a safe and reasonable motorist) on this section of Lower West Branch Road is over 35 mph; and WHEREAS, the Public Works, Police, Fire and Planning departments concur that the Lower West Branch Road speed limit can be safely increased from 25 mph to 35 mph from a point east of Hummingbird Lane to the eastern city limits as defined below; and WHEREAS, this section of Lower West Branch Road is partially located outside of the corporate limits, therefore the Board of Supervisors is also considering approval of this speed limit change; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B, entitled "Exceptions" is hereby amended by adding the following language: Maximum Speed Limit Name of Street (MPH) Where Limit Applies Lower West From a point 260 feet east of the Hummingbird Lane to 150 Branch 35 feet west of Brentwood Drive, and from a point 200 feet east of Broadmoor Lane to the centerline of Taft Avenue SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of 12014. MAYOR ATTEST: CITY CLERK MR 0- SO 14�_ Tl(/, r, 1"Mm" • • - Page 1 of 1 /0 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 04/01/2014 Vote for passage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: Throgmorton, Payne. ABSENT: None. Second Consideration _ Vote for passage: Date published --*� -r CITY OF IOWA CITY MEMORANDUM Date: March 12th, 2014 To: Tom Markus, City Manager From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Speed Limit on Lower West Branch Road Background The City has received multiple requests to evaluate the speed limit on Lower West Branch Road, east of Scott Boulevard. Specifically, the concern is that the speed limit of 25 mph is too low. In response to these concerns, a speed study was completed. The study indicates that 85th percentile speeds (considered to be that of a safe and reasonable motorist) are around 42 mph. The differential between the posted speed limit and actual speed of drivers is mostly attributed to the open "feel" of this section of roadway due to its adjacency to undeveloped farmland, the width of the road, the fact that there are very few driveways /intersections on Lower West Branch Road east of Scott Boulevard, and because parking is prohibited. In addition, this section of Lower West Branch Road functions similarly to Court Street to the south, a parallel corridor of the same width that is posted at 35 mph. Discussion of Solution Public Works, Streets, Police, Fire, and Neighborhood and Development Services departments concur that the speed limit could be safely raised on Lower West Branch Road to 35 mph from a point east of Hummingbird Lane, to the eastern city limits at Taft Avenue. We will notify the public by including communication in a neighborhood association newsletter, sending letters to Lower West Branch Road households, and posting signage for the travelling public. As a portion of the roadway falls within the County's jurisdiction, the Board of Supervisors will also consider approving the speed limit change. The 28E agreement with Johnson County states that Iowa City is responsible for maintenance and signage on Lower West Branch Road from Scott Boulevard to Taft Avenue. Recommendation Staff recommends that the speed limit on Lower West Branch Road, from a point east of Hummingbird Lane to Taft Avenue, be increased to 35 mph. We propose that the City Council consider this action at the April 1St, 2014 meeting. Costs The new speed limit signs would be produced and posted in -house by the Streets department. Marian Karr From: Jesse J Allen <allenhomesinc @g mail. com> Sent: Thursday, March 27, 2014 1:31 PM To: Council Subject: Lower West Branch Rd. -speed limit This correspondence will become a public record. Dear Council Members and Mayor, My family and I live at 3704 Lower West Branch Rd., we are not in support of raising the speed limit as cars already go too fast. This street should not be mistakenly compared to Court Street as it meets up with the green parkway by St. Patrick's Church which was designed to be a slower more pedestrian friendly street scape. By increasing the speed limit it encourages drivers to increase their speed based on the natural topography of the land. Thanks for your support on this important matter. Jesse Allen (319)530 -8238 Marian Karr From: billvegas @mchsi.com Sent: Saturday, March 29, 2014 11:44 AM To: Council Subject: Speed limit on Lower West Road Importance: High March 29 th , 2014 Dear Council: My name is William J. Coleman I live at 3724 Lower West Branch Road Iowa City, Iowa And I would like to state a fact about my neighborhood I have lived at for five years The traffic on LWBR is heavy at times. During week days Morning rush and evening rush . Also church rush in both directions just about all day Sunday .And the church traffic gets quite heavy in both directions on Saturday also. I would like the council to conceder my idea about where to place the 35 MPH sign For five years now my three senior neighbors and myself have been backing out of our drives And none of us have a easy time backing out. So I thought since you are increasing the speed limit. I believe it would be smart to place the increased speed sign all the way down to Iowa City's border that connects to the county .This sign would be placed on south side of the street .Then I would leave all the 25 MPH signs in place as they are now. The reason for my idea is keep a 25 MPH speed limit as it is now in my residential neighborhood. Thank You I appreciate your help from all us Seniors. William J. Coleman and three neighbors at LWBR in IC,la E -mail billveeasOmchsi.com phone 319 - 631 -3506 Marian Karr From: caroliow @aol.com Sent: Monday, March 31, 2014 11:46 AM To: Council Subject: Fwd: Speed limit change - - - -- Original Message---- - From: Darian Nagle -Gamm < Darian- Nagle - Gamm @iowa - city.org> To: 'caroliow @aol.com' < caroliow @aol.com> Sent: Mon, Mar 31, 2014 11:36 am Subject: RE: Speed limit change Hello Ms. Barr, Thank you for your email — If you would like forward your comments to the City Council, their email is council(a)iowa- ci .or . Darian Nagle -Gamm Traffic Engineering Planner City of Iowa City 1 410 E Washington St I Iowa City, IA 152240 1 darian- naale- gammO-iowa- city.org 1319.356.5254 From: caroliow(c-)-aol.com fmailto:caroliow(c:-aol.coml Sent: Monday, March 31, 2014 8:35 AM To: Darian Nagle -Gamm Subject: Speed limit change As the resident of Lower West Branch Rd who has lived here the longest, I felt the need to express my opinion on the proposed speed limit change. I am all for it. Thank you for considering this and I sincerely hope it goes through. Carol Barr /o Marian Karr From: Darian Nagle -Gamm Sent: Tuesday, April 01, 2014 10:42 AM To: Marian Karr Cc: John Yapp Subject: RE: Comment on Raising Speed Limit on Lower West Branch Rd Marian - Can you pass this along to the City Council for the meeting tonight? They were addressed, but not copied on this email. From: Jarol Uarol7 @juno.com] Sent: Monday, March 31, 2014 5:19 PM To: Darian Nagle -Gamm Subject: Comment on Raising Speed Limit on Lower West Branch Rd Dear Darian Nagle -Gamm & City Council: I believe the proposed raising of the speed limit from 25 to 35 on Lower West Branch Rd would be a serious mistake. Currently, unless there is a patrol car in the area, there are many times that speeds by cars and motorcycles appear to go from 40- 60mph. There is seldom any enforcement of the current speed. If it is raise, the average speed will continue to go much higher than a posted 35mph. Therefore, there should be aggressive enforcement of anything over 30 before considering raising it to 35. Please share my thoughts with the City Council. Sincerely, Jarol F. Duerksen 3714 Lower West Branch Rd, Iowa City, IA 52245 319 - 338 -5648 March 31, 2014 Fast - Growing Industry A New Player In The Booming Bottled Water Market. http: / /thirdpartyoffers. iuno. com/ TGL3141 /5339eaO439f536aO45le2stO4duc