Loading...
HomeMy WebLinkAbout2014-07-15 Ordinance4c Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00006) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.40 ACRES OF PROPERTY LOCATED AT 2815 ROHRET ROAD, FROM COMMERCIAL OFFICE (CO -1) TO MEDIUM DENSITY SINGLE - FAMILY PLANNED DEVELOPMENT OVERLAY (OPD -8). (REZ14- 000006) WHEREAS, the applicant, Hodge Construction Company, has requested a rezoning of property located at 2815 Rohret Road from Commercial Office (CO -1) to Medium Density Single Family Planned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that this property is appropriate for clustered residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for sound abating design and construction techniques; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Commercial Office (CO -1) to Medium Density Planned Development Overlay (OPD -8): A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, along the East line of said Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N18 007'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 008'39 "E, 88.45 feet; Thence N89 042'54 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk 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 AND RELEASE. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, particularly Ordinance Number 08 -4298 and the associated Conditional Zoning Agreement recorded at Book 4385, Page 553 -560, in the records of the Johnson County Recorder, are hereby repealed and released. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 120. MAYOR ATTEST: CITY CLERK :Zved by City Attorney's Office Q ho /,9 Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: Dobyns, Hayek. Second Consideration _ Vote for passage: Date published Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 07/15/2014 that the AYES: Mims, Payne, Throgmorton, Botchway, Dickens, NAYS: None. ABSENT: None. Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 000006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Hodge Construction Company (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 4.40 acres of property located at 2815 Rohret Road; and WHEREAS, the Owner has requested the rezoning of said property from Commercial Office (CO -1) to Medium - Density Single Family Residential Planned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for clustered residential development; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding sound abating design and construction techniques, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, these conditions for rezoning supersede any conditions required in the previous Conditional Rezoning Agreement attached to Ordinance Number 08 -4298 approved adopted by the City Council on March 4, 2008 (Book 4385 Page 553 -560 Johnson County Recorder); 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 to mitigate noise along Highway 218; 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. Hodge Construction Company is the legal title holder of the property legally described as follows: A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, along the East line ppdadm /agt/rez14 -00006 cza- hodge- rohret.d t -draft des 1 of said Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N18 °07'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 008'39 "E, 88.45 feet; Thence N89 042'54 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Existing healthy trees within of 80 feet of the Highway 218 right -of -way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities as shown on the Preliminary Areas Site Plan; b. Sound - abating construction materials shall be used for any structures built on the subject land to reduce interior sound levels. Such materials shall include masonry, fiber cerement siding, and laminated windows, as shown on the building elevation drawings; c. Owner shall maintain the sidewalk installed within the Rohret Road right -of -way in accordance with city code and state law; and d. Development of the property shall substantially conform with the Preliminary Sensitive Areas Site Plan and elevations drawings attached to this agreement. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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 acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or future owners from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by ppdadmlagt/rez14 -00006 cza- hodge- rohret.docez4 4 GGOG6 FohFetGOad WA zeaing- agreement dFaAAG 2 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 2-5 day of _��'rf 12014. CITY OF IOWA CITY HODGE CONS RUCTION CO. Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) _ 771 This instrument was acknowledged before me on S A all °N,� 2014 by _ M t,c b as Z> re s,h • o flcu� L�rsk� h <<. �✓ Notary P d Pam-county and State (Stamp or Seal) Title (and Rank) ua KEVIN D. DIGMANN Commissidn Number 719868 fily commission res 9 Z — L ppdadMagUrez14 -00006 cza- hodge- rohretdoc 3 W � Q z 0 LLJ lip oz z< �_' p �� UJ N �L� p W = U� N >Q Q Ow z L i O ho J 00 w N CL 1_ I J U N O Z Z a a J J a 0 oil ti pp �Si i � • R Is W Y9i�68§ § E� ����5 §litaE6�Bi3 §�BH ° ,Ill lid �tlI11N1^e>fe.o, "II'� I ® . g Bill li'4pNaM..rw•■ III� I O L o 9 CM g ti to ° j t d s a i z 8 S 0 s 3 a 0 a 3 w 1 �p � a3 C � wa Z 3 W S 3 LL o 3 N '= 3 > u 0 s i � rc STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ14 -00006 2815 Rohret Road Date: June 5, 2014 GENERAL INFORMATION: Applicant: Hodge Construction Company 711 S. Gilbert St. Iowa City, IA 5220 Requested Action: Rezoning from CO -1 to OPD -8 and Preliminary Sensitive Areas Development Plan approval Purpose: To allow a 33 -unit multifamily residential building Location: 2815 Rohret Road Size: 4.40 acres Existing Land Use and Zoning: Undeveloped, Commercial Office (CO -1) Surrounding Land Use and Zoning: North: Residential, OPD -8 South: Highway 218, RR -1 East: Residential, OPD -8 West: Highway 218, RRA Comprehensive Plan: The Southwest District Plan identifies this property as being appropriate for cluster residential development or low- intensity non - residential uses. Neighborhood Opens Space District: West High (SW6) File Date: May 23, 2014 45 Day Limitation Period: July 7, 2014 BACKGROUND INFORMATION: The applicant, Hodge Construction, is requesting a rezoning from Commercial Office (CO -1) to Medium Density Planned Development Overlay (OPD -8) for the property located at 2815 Rohret Road. This property is approximately 4.40 acres and is located on the south side of Rohret Road adjacent to Highway 218. The property was conditionally rezoned in 2008 from Single- family Residential (RS -5) to CO -1. The rezoning was subject to a Conditional Zoning Agreement (CZA) requiring sound abating design and construction techniques be used for any residential development that occurs on the property (a noise assessment for the property indicated that noise from Highway 218 exceeded the acceptable level for residential development according to HUD guidelines, unless sound abatement measures are taken). The CZA also contained conditions regarding the placement of parking lots, setbacks and retention of the existing trees within 80 feet of the right -of -way of Highway 218. 2 At the time of the previous rezoning, the property contained a dwelling and barn that have since been removed. The applicant indicates that due to market forces, the property has not attracted commercial uses and thus has requested the rezoning to allow for residential uses. The applicant conducted a Good Neighbor Meeting on May 13th at which they presented the proposed plan and responded to questions. ANALYSIS: Current and proposed zoning: The current CO -1 zoning allows for offices and personal service businesses; dwellings are allowed above the commercial space as a provisional use. The CO -1 zone can be used as a transition or buffer between residential and more intensive commercial and industrial areas. When the property was rezoned to CO -1 in 2008, the intent was that commercial uses would provide a buffer between Highway 218 and the residential neighborhoods to the east and north, and that a commercial use would be less sensitive to noise generated by the highway than residential uses. As noted above, the CZA that applies to the property requires that sound abatement construction techniques for any residential development that might occur above commercial space. Staff recommends that this condition be carried over if this property is rezoned to OPD -8 The proposed OPD -8 zoning permits flexibility in the use and design of structures and land where conventional development may be inappropriate. For the subject property OPD -8 zoning will allow for residential cluster development with a 33 -unit multi - family building. Cluster development into one building when compared to conventional residential development on this property, will allow greater setbacks from Highway 218 and adjacent properties, as well as retention of more open space and existing trees. The plan includes 37 parking garage parking spaces below the building and 31 outdoor parking spaces (68 total spaces). The use of underground parking will help minimize the amount surface coverage. Comprehensive Plan: The Southwest District Plan discusses that the property is appropriate for cluster development; that residential development on the property should include a landscaped buffer along Highway 218 to mitigate noise; and that property is also appropriate for low- intensity non - residential uses, such as office, religious institution or fire station. Based on this, both the existing CO -1 and proposed OPD -8 zoning would be in compliance the Comprehensive Plan. General Planned Development Criteria: Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14 -3A of the Iowa City Zoning Ordinance 1. The density and design of the Planned Development will be compatible with and /or complimentary to adjacent development in terms of land use, building mass and scale, open space and traffic circulation The overall density, while clustered, is 7.5 units / acre. This is consistent with the proposed underlying Medium Density Single Family Residential Zone RS -8 zone. The developments to the north and east are zoned OPD -8 and contain a mixture of single - family, duplex -style and multi - family buildings. The proposed building contains 3 floors above one level of parking. At the north end of the building the parking level will be below grade. As the grade of the property falls from north to 3 south, more of the garage will be exposed so that the south side the building will be 4 stories in height. The resulting building height based on the average grade is within the 35 foot height limit that usually applies in the RS -8 zone. The residential buildings to the east are two stories in height. The site plan indicates that the existing grove of trees will remain as a vegetative buffer between the proposed multifamily building and the residential neighborhood to the east. The proposed building will have setbacks of 49 feet from Rohret Road and 110 feet from the property line to the east. The proposed building is articulated with bays and balconies which help give definition to separate units in the building. In staff's opinion these features and the generous setback will help the building fit into the character of the neighborhood. The majority (37) of the required parking space will be located within the garage below the building and 31 surface parking spaces will be located on the west side of the proposed building. The placement of a majority of the parking under the building will allow for a substantial area of open space and help make the development compatible with the neighborhood. 2. The development will not overburden existing streets and utilities Access to the development is proposed from a single access point to Rohert Road, an arterial street. A traffic volume count conducted in 2010 shows that there are 4,960 daily trips on Rohret Road. The capacity of a two -lane arterial, such as Rohret Road, is approximately 12,000 trips per day. There is considerable capacity currently available on Rohret Road and additional traffic generated by development of the property will not cause congestion. The amount of traffic generated from 33 dwellings may be less than what might be generated from a commercial office development allowed by the current zoning. Sidewalk access is available on both sides of Rohret Road. The existing sidewalk adjacent to Rohret Road was installed with the Rohret Road Reconstruction Project — Phase 2 in 1995. At the time when this property contained a single - family dwelling the City agreed to maintain the sidewalk as a condition of acquiring needed right -of -way. With the proposed increase in intensity staff recommends that sidewalk maintenance become the responsibility of the owner of the development. Sanitary sewer and water is available to the property, and will not be overburdened. Stormwater will be directed to a basin located in the western portion of the property adjacent to Highway 218. Stormwater calculations must be submitted to the City Engineer to verify that the proposed stormwater management plan is adequate. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development The proposed development provides more open space and open views across the property than a conventional residential subdivision. The closest point of the proposed building is approximately 150 feet to the nearest dwelling to the east (equivalent to '/2 a City Block). As noted existing mature trees will be retained between the proposed building and the dwellings to the east. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City standards will be in the public interest, in harmony with the purpose of the zoning code and with other building regulations of the City. The only variation from the proposed RS -8 zoning is the clustering of dwelling units into a multi- family building. This reserves a majority of the property as open space. The proposed 4 apartment building is likely to have no more of an effect on the neighborhood than a commercial office building with upper floor apartments that would be allowed by the current CO -1 zoning. As discussed above this appears to be compatible with the neighborhood. Environmentally Sensitive Areas: This property contains some steep slopes, but no critical or protected slopes. Four separate groves including a mixture of evergreen and deciduous trees are located on the property. Two larger groves are located along Highway 218. Clustering of development will allow the preservation of the majority of the grove area. About thirty percent of the total area covered by groves would be removed to allow grading for construction of the building, driveway and parking area and stormwater management facilities. Given that the Comprehensive Plan encourages a buffer between residential development and Highway 218, it would be appropriate to require that the existing vegetation be preserved along the highway as is required by the existing CZA, except where trees need to be removed for the stormwater management facilities. The plan includes additional trees to be planted to the west and south of the proposed building to provide additional screening from the highway. Neighborhood Open Space: A planned development of this size is required to dedicate 6,638 square feet of open space or pay fees in lieu of (4.4 acres X .65 X 8 dwelling units X 2. 22 persons per dwelling unit X 3 acre / per 1000 persons). The application will be referred to the Parks and Recreation Commission. In staff's opinion, none of this property appears to be suitable for public parkland and therefore fees in lieu of open space are likely to be required. Summary: The Southwest District Plan indicates that the property is appropriate for clustered residential development and encourages the inclusion of a vegetative buffer between any residential development on the property and Highway 218. The OPD -8 zone is an appropriate zone for clustered residential development and will allow flexibility in design to ensure that exposure to highway noise is minimized. STAFF RECOMMENDATION: Subject to approval of the stormwater management plan by the City Engineer, staff recommends approval of REZ14- 00006, a rezoning from Office Commercial (CO -1) to Medium Density Planned Development Overlay (OPD -8) for the property located at 2815 Rohret Road subject to general conformance with the site design and building plans submitted and a Conditional Zoning Agreement which addresses the following: 1. Existing healthy trees within a distance of 80 feet of the Highway 218 right -of -way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities. 2. The building will be built with sound abating construction techniques materials that reduce interior sound levels including masonry, fiber cement siding, and laminated windows. 3. The maintenance the Rohert Road sidewalk becomes the responsibility of the owner of the development. ATTACHMENTS: 1. Location Map 2. Preliminary OPD Plan 3. Elevation drawings Approved by: _7,,Z, Xir--- John Yapp, Development Services Coordinator Department of Neighborhood and Development Services CO < Q W Z w egg Q Q O �Y�p �yo� W Q > I— oxa HSW pr z L 5 w °aa� < < lz ti A' Q w = w 0 IL.LLI1.J�� 0 �fm< CZ C W LO Mqv �r aims /'�/�� W ( vn ) w B k 1_ wf hawa M m E ES ...ia �3 rs Y Q 6 55 4!' N iy I L __..... i i I '' - }g k'•S� o &jgyp ��95iR t € €J { {yy fiG4,r� ppp i GgBB Eg i3p3!!� bee6 �jpgplI Ypp i N- e� p tbt��i�� ¢YpHp pYpf���yj�p�y�y���y"5g�FiYSrgji•5�8�e €2QF2�....EdPp ...... . . . . ' - �IHN1Me•Me.ol' I < lz ti •iIlI l : lX i1 4. 7 ' , U Y g i iWON I z i `� r Planning and Zoning Commission June 5, 2014 Page 4 of 13 like a retaining wall is actually the foundation of the building and where the building stops, a retaining wall continues that will be well screened with plants. Garry Hamdorf, owner of the property to the north of the subject property, asked the Commission to drive out and look at the condo that is being built on the corner of First Avenue and Hickory Trail. He said the blocks in the retaining wall are huge and it looks like a fortress. He said he thinks a responsibility of the Commission and City Council is to protect the citizens who are established and who moved there with a zoning that's different than what is being requested. He said they need to look at what else is possible on this site. Freerks closed public discussion. Eastham moved to defer REZ14 -00005 to the June 19th meeting of the Commission. Dyer seconded. Eastham said he wants to look at what the options are for developing this site. Freerks said she wanted more time to consider this. Thomas said he's concerned with what the intent is of the RS -5 zone and what kind of development is described in the Zoning Code with respect to RS -5, and what types of uses are permitted on this zone. Miklo explained that if owners of twenty- percent of the land within two - hundred feet of the subject property sign a protest petition it takes a super majority or six out of seven Council members to approve a rezoning, and the petition submitted does not constitute a protest petition according to the Zoning Code. Eastham said he wants some kind of metric to evaluate Comprehensive Plan provisions about doing additional multi - family development along First Avenue, and what the ratio is for single family versus multi - family development. A vote was taken and the motion carried 7 -0. REZ14 -00006 Discussion of an application submitted by Hodge Construction Company for a rezoning of approximately 4.40 -acres of property from Commercial Office (CO -1) zone to Planned Development Overlay (OPD -8) zone to allow construction of a 33 -unit multi - family building located at 2815 Rohret Road. Eastham disclosed that he's on the board of a non - profit that had previously looked at this property as a potential site, but those negotiations have stopped and there's been no action in the past several months. Miklo explained the zonings of the surrounding areas. He said the applicant is requesting the rezoning because they have not been able to find a market for CO -1 here. He showed photos of the neighboring areas and the subject property. He said the Comprehensive Plan encourages clustering development farther away from Highway 218 to allow preservation of trees along the highway and provide space to help mitigate highway noise. He said the Southwest District Plan does indicate that cluster development is appropriate in this area. He said staff believes that the design of the building and the materials proposed are compatible with the neighborhood, that Planning and Zoning Commission June 5, 2014 Page 5 of 13 the building position on the site allows for a generous setback especially from the properties in Mormon Trek Village and that the building is being positioned to provide buffering from the highway noise. He said staff is recommending approval with conditions regarding preservation of the trees within eighty feet of the right -of -way of Highway 218 except where necessary for storm water management, that the building be constructed of materials designed to abate sound from the highway, and that maintenance of the sidewalk on Rohret Road be tied to this property. Freerks asked how many parking spaces are being provided. Miklo said the plan is two spaces per dwelling unit and two guest spaces, with the expectation being that not all the units will require two spaces. Freerks opened public discussion. Kevin Dignan of Hodge Construction said the plan is for twenty two- bedroom units and thirteen one - bedrooms. Freerks closed public discussion. Thomas moved to defer REZ14- 00006. Eastham seconded. Thomas said the issue for him is cluster development and its definition. Miklo explained that the Zoning Ordinance and Planned Development Ordinance indicate that with the Council's approval after recommendation by the Commission, clustering includes creation of multi - family buildings where you would put units into multi - family or duplex or townhouse -style units or single family with smaller lots. He said that for zoning purposes, all of the above are the intention for clustering. Freerks stated that this proposed plan does meet what the City considers a cluster development. A vote was taken and the motion for deferral was denied 0 -7. Eastham moved to recommend approval of REZ14- 00006, a rezoning from Commercial Office (CO -1) zone to Planned Development Overlay (OPD -8) zone for property located at 2815 Rohret Road subject to general conformance with the site design and building plans submitted and a Conditional Zoning Agreement which addresses the following: 1. Existing healthy trees within a distance of 80 feet of the Highway 218 right -of -way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities. 2. The building will be built with sound abating construction techniques materials that reduce interior sound levels including masonry, fiber cement siding, and laminated windows. 3. The maintenance the Rohert Road sidewalk becomes the responsibility of the owner of the development. Martin seconded. Miklo noted that since the staff report was written, the City Engineer has received the storm water management plan and has it. Planning and Zoning Commission June 5, 2014 Page 6 of 13 Eastham said he thinks this is a reasonable use of this parcel. He says this helps achieve a better balance of multi - family higher density homes available to people whose children will be attending Weber Elementary School. Theobald said she wished there was another way to manage storm water and buffer with vegetation that would further draw water down. She said she thinks what they do with that is not very attractive and probably not the best practice. She said she would like to discuss the design of stormwater in general at a later date. Thomas said with the cluster this would be a great opportunity to develop a recreational area, but according to the plans he's looking at, more focus seems to be on the parking. Freerks said sometimes there's a nice balance between that and retaining unkempt trees and shrubs and nature as a buffer. She said there is value in both. Thomas agreed that there was an opportunity here to do both. A vote was taken and the motion carried 7 -0. REV 4 -00009 Discussion of an application submitted by Emrico Properties LLC for a rezoning of 3.02 - acres of land located on the west side of South Riverside Drive, north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone. Miklo said the subject property formerly contained a portion of the Hartwig Auto Dealership. He showed various views of and from the property. He said the proposed Riverfront Crossings zone is a mixed use zone that allows both commercial and residential, the latter either on the ground floor or on the upper floors. He said intensity of development for residential would be somewhat higher in the Riverfront Crossings Zone than in the CC -2 zone as the CC -2 zone requires commercial on the ground floor and Riverfront Crossings does not and CC -2 allows three stories whilst Riverfront Crossings allows four stories with the potential for a bonus floor. Miklo said the proposed plan is for 96 dwelling units built over an underground parking facility with a surface lot as well. He said an issue identified with the Riverfront Crossings District is improvement of pedestrian access and the character along Riverside Drive, and staff believes this building will contribute to that vision by building a structure on the west side of the street with the parking behind it. He said as conditions of the rezoning staff is recommending that ten additional feet of right -of -way be dedicated to the City to allow improvement of the pedestrian sidewalk and an easement or right -of -way be granted by this property to allow a pedestrian connection for a potential tunnel under the railway viaduct. Miklo said staff feels this proposal does meet the Riverfront Crossings vision. He said there will be a buffer strip on the west side of the proposed building. He said one of the two curb cuts will be eliminated and consolidate them into one. He said staff is recommending approval with the conditions outlined in the staff report. Swygard asked if the subject property abuts a single family property. Miklo said it abuts the OPD -5 zone to the west which contains duplexes. She asked how much traffic will funnel down Orchard Street to Benton Street. Miklo said they anticipates some, but predicting how much will go down Orchard versus Riverside Drive may not be possible. _C_ AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.40 ACRES OF PROPERTY LOCATED AT 2815 ROHRET ROAD, FROM COMMERCIAL OFFICE (PO-1) TO MEDIUM DENSITY SINGLE - FAMILY PLANNED DEVELOPMENT OVERLAY (OPD -8). (RE 14- 000006) WHEREAS, the applicant, Hodge Construction Company, has requeste tsity rezoning of property located at 2815 Rohret Road from Commercial Office (CO -1) to Medium Single Family Planned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that this property is propriate for clustered residential development; and WHEREAS, the PI nning and Zoning Commission has the re iewed the proposed rezoning and determined that it compli with the Comprehensive Plan provided t at it meets conditions addressing the need for sound abating des n and construction techniques; and WHEREAS, Iowa Code 414.5 (2013) provides that the Ci of Iowa City may impose reasonable conditions on granting an app cant's rezoning request, over a above existing regulations, in order to satisfy public needs caused by t requested change; and WHEREAS, the owner and ap 'cant has agreed that the pr perty shall be developed in accordance with the terms and conditions of the C ditional Zoning Agree ent attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDA ED BY THE Cl COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the C ditional Z ning Agreement attached hereto and incorporated herein, property described below is hereby rec sifted rom its current zoning designation of Commercial Office (CO -1) to Medium Density Planned Develop en verlay (OPD -8): A portion of the Southeast One - Quarter of the So west One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, to ity, Johnson County, Iowa, more particularly described as follows: `\ Commencing at the Northeast corner of the outheast b,ne- Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 VVest, of the Ptah Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, Y.45 a East line of saidA,Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Poinnning; Thence con uing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 7et; Thence N18007'4 2T-, 103.49 feet; Thence N87 °53'54 "E, 200.08 feet; Thence N77 008'39 "E, feet; Thence N89 °42'5 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land co40 acres and is subject easements and restrictions of record. SECTION II. ZONING MAP. The uilding official is hereby authorized and directed to change the zoning map of the City of Iowa City, low to conform to this amendment upon the final,assage, approval and publication of the ordinance as ap oved by law. SECTION III. CONDITIONA 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 AND RELEASE. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, particularly Ordinance Number 08 -4298 and the associated Conditional Zoning Agreement recorded at Book 4385, Page 553 -560, in the records of the Johnson County Recorder, are hereby repealed and released. 0 C-) -C --F n 0-- Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City240;,,319- 35M0 (REZ14- 00006) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 4.40 ACRES OF PROPERTY LOCATED AT 2815 ROHRET ROAD, FROM COMMERCIAL OFFICE (PO-1) TO MEDIUM DENSITY SINGLE - FAMILY PLANNED DEVELOPMENT OVERLAY (OPD -8). (RE 14- 000006) WHEREAS, the applicant, Hodge Construction Company, has requeste tsity rezoning of property located at 2815 Rohret Road from Commercial Office (CO -1) to Medium Single Family Planned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that this property is propriate for clustered residential development; and WHEREAS, the PI nning and Zoning Commission has the re iewed the proposed rezoning and determined that it compli with the Comprehensive Plan provided t at it meets conditions addressing the need for sound abating des n and construction techniques; and WHEREAS, Iowa Code 414.5 (2013) provides that the Ci of Iowa City may impose reasonable conditions on granting an app cant's rezoning request, over a above existing regulations, in order to satisfy public needs caused by t requested change; and WHEREAS, the owner and ap 'cant has agreed that the pr perty shall be developed in accordance with the terms and conditions of the C ditional Zoning Agree ent attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDA ED BY THE Cl COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the C ditional Z ning Agreement attached hereto and incorporated herein, property described below is hereby rec sifted rom its current zoning designation of Commercial Office (CO -1) to Medium Density Planned Develop en verlay (OPD -8): A portion of the Southeast One - Quarter of the So west One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, to ity, Johnson County, Iowa, more particularly described as follows: `\ Commencing at the Northeast corner of the outheast b,ne- Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 VVest, of the Ptah Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, Y.45 a East line of saidA,Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Poinnning; Thence con uing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 7et; Thence N18007'4 2T-, 103.49 feet; Thence N87 °53'54 "E, 200.08 feet; Thence N77 008'39 "E, feet; Thence N89 °42'5 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land co40 acres and is subject easements and restrictions of record. SECTION II. ZONING MAP. The uilding official is hereby authorized and directed to change the zoning map of the City of Iowa City, low to conform to this amendment upon the final,assage, approval and publication of the ordinance as ap oved by law. SECTION III. CONDITIONA 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 AND RELEASE. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, particularly Ordinance Number 08 -4298 and the associated Conditional Zoning Agreement recorded at Book 4385, Page 553 -560, in the records of the Johnson County Recorder, are hereby repealed and released. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be * invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effe t after its final passage, approval and publication, as provided by law. Passed and approved this day of 120 t MAYOR 0 ATTEST: c CITY CLERK > - -f "OWN" Approved by -n m City Attorney's Office, N 0 Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 5 W19LU6 -5236n (REZ14- 000006) CONDITIONAL ZONING AGREEMENT c-)-4 Q' r- -0 THIS AGREEMENT is made between the City of Iowa City, owa, a mural �rpor (hereinafter "City "), and Hodge Construction Company (hereinafte "Owner "). •- WHEREAS, Owner is the legal title holder of approximately .40 acres of property located at 2815 Rohret Road;/6nd WHEREAS, Office (CO -1) to (OPD -8); and Owner has requested the rezoning of said property from Commercial ium- Density Single Family Residential :Manned Development Overlay WHEREAS, the %mprehensive Plan indicates clustered residential deve pment; and WHEREAS, the Plannin and Zoning Commission conditions regarding sound aba ' g design and construct consistent with the Comprehensiv Plan; and WHEREAS, these conditions for Nkzoning sup Conditional Rezoning Agreement attachbq to Ordir the City Council on March 4 2008 (Book 43M Page the property is appropriate for s determined that, with appropriate techniques, the requested zoning is , any conditions required in the previous Number 08 -4298 approved adopted by 50 Johnson County Recorder); and WHEREAS, Iowa Code §414.5 (2013) ovid s that the City of Iowa City may impose reasonable conditions on granting an applicant ezoning request, over and above existing regulations, in order to satisfy public needs caused the requested change; and WHEREAS, the Owner acknowledges at c ain conditions and restrictions are reasonable to ensure the development of the roperrty consistent with the Comprehensive Plan and the need to mitigate noise along High ay 218; an WHEREAS, the Owner agrees to devel p this prope\ned nce with the terms and conditions of a Conditional Zoning Agreeme NOW, THEREFORE, in consideration of he mutual pro herein, the parties agree as follows: 1. Hodge Construction Compan/6West, he legal title holder of the prope legally described as follows: A portion of the Southeas- Quarter of the Southwest One -Qua r of Section 18, Township 79 North, Rang of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more partic, described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, along the East line ppdadm /agt/rezl4 -00006 rohretconditional zoning agreement draft (3).doc 1 N of said Southeast One - Quarter of the Southwest One - Quarter, 39.QXfeet, te'the Point of Beginning; Thence continuing S00 °12'31'E along said East 15b5.07 fM; Thence N47 050'48 "W, 729.53 feet; Thence N18 007'42 "E, 103AVfeel ThMM N87 053'54 "E, 200.08 feet; Thence N77 008'39 "E, 88.45 feet; Themes N&W42'51WE, 220.21 feet, to said Point of Beginning. Said Tract of Land contains -dr,,p asks a subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformanceto th "rinciples of the Comprehensive Plan and the South )est District Plan. Further, tWe parties acknowledge that Iowa Code §414.5 (2013) des that the City of Iowa City may impose reasonable conditions on granting an licant's rezoning request, over and above the existing regulations, in order to satiblic needs caused by the requested change. 3. In consideration of the City's rezoning the s4bject property, Owner agrees that development`, of the subject property will conform t all other requirements of the zoning chapter, as WWII as the following conditions: a. Existing he Ithy trees within a distance of 80 be presery d except where it is necess stormwater nagement facilities. b. The building ill be built with sound abati reduce interior and levels including mas windows. c. The maintenance the Rohret Road si ern was a single - family ei development. `\ d. Development of the pro Areas Site Plan and elev of the Highway 218 right -of -way shall to remove trees for installation of construction techniques materials that fiber cerement siding, and laminated ,alk, which the Ctiy maintained when this the responsibility of the owner of the Will subOntially conform with the Preliminary Sensitive ; drawl s attached to this agreement. 4. The Owner and City acknowledge th the conditions contained herein are reasonable conditions to impose on the land nder Iowa Code §414.5 (2013), and that said conditions satisfy public needs that qfelqaused by the requested zoning change. 5. The Owner and City acknowledg that in he event the subject property is transferred, sold, redeveloped, or subdivide ,all re de lopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge tha this Conditional Zo - g Agreement shall be deemed to be a covenant running with th land and with title to th land, and shall remain in full force and effect as a covenant ith title to the land, unless r until released of record by the City of Iowa City. The parties further acowledge that this agreement shall inure to the benefit of and bind all successors, repre entatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or future owners from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by ppdadm /agt/rezl4 -00006 rohretcondilional zoning agreement draft (3).doc 2 reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr,4,-ity Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACK WLEDGEME T: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2014. is This instrument was acknowledged b ore m on 2014 by Matthew J. Hayek and Marian K. Karr as Mayor a d City Clerk, espectively, of the City of Iowa City. Notary Publicly and for the State of Iowa (Stamp or Seal) Title (and Rank) CORPORATE ACKNOW EDGEMENT: STATE OF IOWA ) s: JOHNSON COUNTY ) ppdadm /agt/rez14 -00006 rohretconditional zoning agreement draft (3).doc 3 N O By: M --M CA) This instrument was acknowledged b ore m on 2014 by Matthew J. Hayek and Marian K. Karr as Mayor a d City Clerk, espectively, of the City of Iowa City. Notary Publicly and for the State of Iowa (Stamp or Seal) Title (and Rank) CORPORATE ACKNOW EDGEMENT: STATE OF IOWA ) s: JOHNSON COUNTY ) ppdadm /agt/rez14 -00006 rohretconditional zoning agreement draft (3).doc 3 This instrument was acknowledged before me on , 2014 by ACKNOWLEDGMENT: State of County of This record was acknowledged by was executed). as of , Inc. Notary Public in and for said County and State tamp o 1) 25 Title and Rank)c C-) -G =t C-) cr ,<r M -v c� me on (Date) e(s) of individual(s as (type of authority, such as officer or trustee) of (na of party on behalf of whom record ppdadm /agt/rez14 -00006 rohretconditional zoning agreement draft (3).doc Public in and for the State of Iowa p`Qr Seal) itle (and My commissidR expires: 4 W tw 14e R� Z e x Q J Op�s`e e yao� s F— ry will e �z _o 8 �: W �w cn � LU wOLL�_ a'ou� co s <w �/ > Z W LCDo9 Sx�Es ll Lu —� F—�/� ^?Igo V) $ >:fiy=EEtli (V�ECa <l��6. W abEE� sa= "a e �fi fi�L�fE�BY ya4da a �NMt{ 7lUJ I a � C I Q I P I 2UF14_ _w "t-'s I I O eyX� lr fiNY V�O 6t o b �3 }61q� ,qpY �sg6 k tl p a° �ES�A £i .. Ygg■pp21e ®1 pY �. E 6d �; $ � ��� a, � o `tly�tly°��P�'i�„�s s����a �S ■�yy��f�fkl�I33�� € � � � � :�s gym^ has °Wa.e a ks ;a ap �$aa 4� R ° AM N�vl s�'§ bk HIE CD a n 7 i Imam �uCiJ ww N aza ypr � t yy$ 3 NO N QQg � a ✓� 3 F u , n l { w I—p s 3 a d'- 5 iSSy 6t o b �3 }61q� ,qpY �sg6 k tl p a° �ES�A £i .. Ygg■pp21e ®1 pY �. E 6d �; $ � ��� a, � o `tly�tly°��P�'i�„�s s����a �S ■�yy��f�fkl�I33�� € � � � � :�s gym^ has °Wa.e a ks ;a ap �$aa 4� R ° AM N�vl s�'§ bk HIE CD a n _ _ - --- -_ -_-_ - - - _ ------ __- _______ -- -=n_- -'__-_ '- _- _ _ _ ----- _ ' - - -`---- --.ecc -- ' -- - - -- - . - - - - -- •rr %' r 'J J •., r 7 i Imam I u , n l _ _ - --- -_ -_-_ - - - _ ------ __- _______ -- -=n_- -'__-_ '- _- _ _ _ ----- _ ' - - -`---- --.ecc -- ' -- - - -- - . - - - - -- •rr %' r 'J J •., r Cn wQ €9 4 6 0 YGi ��'QESYF €Ws$I! !3 3 tlggd aYe § §Fs�b € €e�a3S[i'a$ @i�i�395Sga. z 0 Q J OW 6�sF9PEA5 10 >F � 54 i III1� i�jEd �� YI11 1 %`1 "�g4 Cn wQ €9 4 6 0 YGi ��'QESYF €Ws$I! !3 3 tlggd aYe § §Fs�b € €e�a3S[i'a$ @i�i�395Sga. Q J OW 6�sF9PEA5 >F � 54 i III1� i�jEd �� YI11 1 %`1 "�g4 z o ''^^ W sw Bill lii nkNMpM.epp. ■I I�' k". e all vJ Lu W O �g U) Q W 4T ZC) O Lu Lo m5 (A l� Q 9 agN uj (f) N d 9� Q � Q � p — — 3h nuEUeTs �— 4 �o � Boa ate° g P 8 � ppp gF$$ �4$$ $F4 ` gd �gg5 MU 41� y bA b �b V1l�:Ir.l dY N' 77+ e Z ryry8 pp W $ w !14yrgn Wgpppp pg hg Q Ai 2R S$�T 111 11 Ing 1� ;y!b'1 fiYayl g■Y Ks �yb #5g `�� �yykEH a�y(�5 � =�4 a� 2Y 3�P1�'W SEW RIM, tlSF P"yI r a - 101g ra WAG s - 'pp11 T �# I �y 5c� x3g ash : n I' IR Yea YYk �e��° Wp�•q fY ��45 J,' PYW �abW� b � � !a W ixi z@6 . g 9r ell! X? V — — 0% °II 4 1 f ,�a �1\ y i n a n.s i 'Y �Y* � e U) Q Q Lli Z Q s Q J 0 uj Q kp2 N os f M w �" O 1s w o --a r""' c� LU Q� " 1 �NsZ ZA gas goN G`U Drwl WU) W r# WM 9<� c:l U) Q Q Lli Z Q s Q J 0 uj Q kp2 N os f > t— Zl> w �" O 1s w o --a r""' c� LU Q� QLu Zr-) 0 L J gas goN G`U Drwl WU) W G� N 9� E@ col 11" 1 � 5 I P 5 j1I --------------- i 1 lu w a z III I �11MkH ^•M .oiil , 1 ' ® ��e� i IIIII i+ac 1 1 g�y N IIIII Ili �gNNpM Iwa�l I'I ; o':4 j i 15 0 1' --a r""' c� • Drwl 1' Q W 9 9191 1 w O O p p i 63% z O � �y� < <:N, 8 S$ CO Q Q aza 8 tie z Qo J gLL3s Q W W 0 � �r�� 55 �- F- z W wM 8 Qw z LU a_ � J=U ry -1 O Q Ali E Q W 9 9191 1 w O O p p i 63% z O � �y� < <:N, 8 S$ aza 8 tie ep Q W 9 9191 1 w O O p p i 63% z O � �y� < <:N, i �nn �J P � moo Quo � I � C kk i I AHi i I � I a q� b { q ml+ � A wl;;k r 1II II� �I I /N �i I� o c -� rn old . r • __ -----1____ old . r • __ -----1____ __ -----1____ Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 000006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Hodge Construction Company (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 4.4 acres of property located at 2815 Rohret Road; and WHEREAS, the Owner has requested the rezoning of sai property from Commercial Office (CO -1) to Medium- Density Single Family Residential PI nned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that e property is appropriate for clustered residential develop nt; and WHEREAS, the Planning a gd Zoning Commission h determined that, with appropriate conditions regarding sound abatin esign and constructio techniques, the requested zoning is consistent with the Comprehensive n; and WHEREAS, these conditions for re Wing superse any conditions required in the previous Conditional Rezoning Agreement attache o Ordinan Number 08 -4298 approved adopted by the City Council on March 4, 2008 (Book 438 Page 5 -560 Johnson County Recorder); and WHEREAS, Iowa Code §414.5 (2013) p vi es that the City of Iowa City may impose reasonable conditions on granting an applicant' rezoning request, over and above existing regulations, in order to satisfy public needs causeV N the requested change; and WHEREAS, the Owner ack/de s hat c ain conditions and restrictions are reasonable to ensure the developme property consistent with the...Compraiensive Plan and the need to mitigate noise ay 218; any WHEREAS, the Owner agrees op this property i accordance wO+Ke terms conditions of a Conditional Zoning A. �? '`' :� M NOW, THEREFORE, in considerat mutual promises co tained h, t� par agree as follows: 1. Hodge Construction Compangal title holder of the prope y legally described as follows: A portion of the Southe t One - Quarter of the Southwest One- Quartbof Section 18, Township 79 North, R ge 6 West, of the Fifth Principal Meridian, low City, Johnson County, Iowa, more p rticularly described as follows: Commencing at the /Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00 °12'31 "E, along the East line of said Southeast One - Quarter of the Southwest One - Quarter, 39.41 feet, to the Point of Beginning; Thence continuing S00012'31'E along said East line, 616.07 feet; Thence N47 050'48 "W, 729.53 feet; Thence N18 007'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 008'39 "E, 88.45 feet; Thence N89 042'54 "E, 220.21 feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's re T ning request, over and above the existing regulations, in order to satisfy public needs aused by the requested change. 3. In consideration of the City's rezoning the subject pro erty, Owner agrees that development of the subject property will conform to all othe requirements of the zoning chapter, as\,yell as the following conditions: a. Existing he thy trees within of 80 feet of the Hig ay 218 right -of -way shall be preserved exc t where it is necessary to remove tr es for installation of stormwater management fa\,n shown on the Preliminary reas Site Plan; b. Sound - abating ruction materials shall be u ed for any structures built on the subject land to nterior sound levels. S h materials shall include masonry, fiber cerement d laminated windows as shown on the building elevation drawings; c. Owner shall me si walk installed within the Rohret Road right -of -way in accordance wit and s to law; an d. Development oerty shal ubstan ally conform with the Preliminary Sgnsitive Areas Site Plan and elevations drawi s tached to this agreement. ° 4. The Owner and City acknowledge that th nditions contained herein r e.*nable' a conditions to impose on the land and r to Code §414.5 (2013),c��d that sa conditions satisfy public needs that are c used by a requested zoning �e."a M �' 5. The Owner and City acknowledge th in the event t subject pro pert�rarerre sold, redeveloped, or subdivided, al redevelopment wi conform to t*ferms•of this Conditional Zoning Agreement. \ co 6. The parties acknowledge that this Ponclitional Zoning Agreeme shall be deemed to be a covenant running with the land nd with title to the land, ands II remain in full force and effect as a covenant with ti a to the land, unless or until relea d of record by the City of Iowa City. The parties further acknowle a that this agreement shall inure to the benefit of and bind all successors, representativ s, and assigns of the parties. 7. The Owner acknowledge ) that nothing in this Conditional Zoning Agreement shall be construed to relieve the wner or future owners from complying with all other applicable local, state, and federal egulations. 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 HODGE CONSTRUCTION CO. Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office � /f.1/11 CITY OF IOWA CITY ACKNOWLEDGE NT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Hayek and Marian K. Karr as Mayor and City Clerk,, , 2014 by Matthew J. of the City of Iowa City. ry Public in a for the State of Iowa mp or Seal) (and Rank) —n CORPORATE ACKNOWLEDGEMENSTATE /edbefore OF IOWA ss: JOHNSON COUNTYThis instrument was acknowle me on 2014 by of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) O W �¢ o ¢ t o i ? a d cy1 •' C J oaw N w �j j r I� zz s c� bye � a N • W^. Q J a. 4 °4 3 d f O W �¢ o ggg z L �o g €m� W C J P1,29 w r kkfilil�'.IB��'lj�.Wwrt�.`I` ' � �¢¢qq StA� w J � a N O J w 9 f w Q J a. J O W �¢ o 01 L �o g €m� a : W C J rc W r kkfilil�'.IB��'lj�.Wwrt�.`I` 3 -- ---�l !I 101 1 A — �1 G A P _ _ awww"1q,12 f-_ 4 Qom® 1 a RN E 0 d & � §`s�E� ■�:E�FP59�[is��g�5�i��3Ag i0 OP•MS•e 1 b 1J ► .:. #M4M••us• � O ii5$ ------------- -- - ------ ---- - 9w I F al n��G11�;/ra�n,7 r EL 0o Q U O J kkfilil�'.IB��'lj�.Wwrt�.`I` ` tM EL 0o Q U O J 4 3 " »k I c as Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00009) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 3.02 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT(RFC -WR) ZONE LOCATED ON THE WEST SIDE OF SOUTH RIVERSIDE DRIVE, NORTH OF BENTON STREET AND SOUTH OF THE IOWA INTERSTATE RAILROAD(REZ14- 00009). WHEREAS, the applicant, Emrico Properties LLC, has requested a rezoning of property located at 629 South Riverside Drive from Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC - WR); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject property is located in the West Riverfront Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — West Riverfront (RFC -WR) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more pedestrian- friendly character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto - dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase the pedestrian traffic along the Riverside Drive right -of -way, which currently is too narrow to provide adequate pedestrian facilities to accommodate such an increase; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning - and - determined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Riverside Drive right -of -way to create a larger landscape buffer between the traffic lanes and the public sidewalk and an easement is granted or land dedicated to the City to provide for construction of a pedestrian tunnel under the Iowa Interstate Railroad; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development 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 Community Commercial (CC -2) to Riverfront Crossings — West Riverfront (RFC -WR): LEGAL DESCRIPTION Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed Book 58, at Page 37 of the Records of the Johnson County Recorder's office. Said parcel of land contains 3.02 Acres, (131,459 square feet), and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk 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 Ordinance No. Page 2 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 App ved by City Attorney's Office ,o /,I /(y 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 07/15/2014 Vote forpassage$ AYES: Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00009) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Hartwig Properties LLP (hereinafter "Owner "), and Emrico Properties LLC (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 3.02 acres of property located west of South Riverside Drive, north of West Benton Street, east of Orchard Street, and south of the Iowa Interstate Railroad; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Riverfront Crossings— West Riverfront (RFC -WR); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding pedestrian safety and comfort, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs 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 pedestrian safety and comfort; 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. Hartwig Properties LLP is the legal title holder of the property legally described as follows: Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed Book 58, at Page 37 of the Records of the Johnson County Recorder's office. Said Parcel of land contains 3.02 Acres, (131,459 square feet), and is subject to easements and restrictions of Record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of ppdadm/agf/cza for rez14 -00009 riverside dr hanick.cao approved.doc 1 of 4 the property: a. Owner shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive frontage to the City to enable the widening of the public right -of -way to enhance pedestrian safety along the corridor; and b. The existing northernmost curb cut to Riverside Drive shall be closed. The property shall be served by only one curb cut to Riverside Drive; and c. Owner shall dedicate the necessary land to the City or grant a public access easement at the northeast corner of the subject property to allow a public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location determined by the City. 4. The Owner and 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 and 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 CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: 2014. li,- l4et'—, Lk, Marian K. Karr, City Clerk By: Emrico Properties LLC ppdadm/a9Ucza for rez14 -00009 riverside dr hanick.cao approved.doc 2 of 4 Approved by: /My Aft- ttorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) rr This instrument was acknowledged before me on k� , 2014 by � i f Q �Tw' (Name(s) of individual(s) as (type of authority, such as officer or trustee) of of Hartwig Properties LLP. Notary Public in and for said County and State (Stamp or SealVNN l -iiT ( p ) r 16 E�Title (and Rank) My commission expires: /)- , 3 /Y ppdadnVagticza for rez14 -00009 riverside dr hanick.cao approved.doc 3 of 4 EMRICO PROPERTIES LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on �I (� , 2014 by KR of °'` AA A `K— (Name(s) of individual(s) as M a K 'L /-e ✓ (type of authority, such as officer or trustee) of Emrico Properties LLC. Notary Public in and for the State of Iowa JYJ"u m LCAROL A. PETTIT (St amp or Seal) coumber 167855 iion pires Title (and Rank) ° ( r My commission expires: /' 0� x �r ! �e ppdadrrdagt/cza for rez14 -00009 riverside dr hanick.cao approved.doc 4 of 4 To: Planning and Zoning Commission Item: REZ14 -00009 S. Riverside Drive (Hartwig Property) GENERAL INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: June 5, 2014 Applicant: Emrico Properties 2346 Mormon Trek Blvd. Iowa City, IA 52246 Contact: Kevin Hanick 319- 331 -1646 kevin @hanick.com Requested Action: Rezone from Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR) Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: Development of a multi - dwelling building in the Riverfront Crossings District South Riverside Drive, north of West Benton Street east of Orchard Street, and south of the Iowa Interstate Railroad. 3.02 acres Vacant North: Railroad South: Commercial (CC -2) and vacant commercial lots. East: Commercial (CC -2) West: Residential (OPD -5) May 15, 2014 July 1, 2014 BACKGROUND INFORMATION: The subject property is located in the Community Commercial (CC -2) zone between South Riverside Drive and Orchard Street, south of the Iowa Interstate Railroad. The property is currently vacant, but previously was the site of the Hartwig Motors auto dealership. The subject property falls within the West Riverfront Subdistrict of the Riverfront Crossings District and, therefore, the recently adopted form -based zoning code for Riverfront Crossings will apply if the property is rezoned. The applicant is proposing to redevelop the property with a 4 -story multi- 2 dwelling building, which is an allowed use and building type in the West Riverfront Subdistrict. ANALYSIS: Current and proposed zoning: The property, which was formerly the site of the Hartwig Motors auto dealership, is now vacant and a major redevelopment site in Riverfront Crossings due to its size and location. The current CC -2 zoning is intended for major retail commercial areas that serve a significant segment of the community population. The maximum building height in the CC- 2 Zone is 35 feet. The zone is primarily a commercial zone, but allows upper floor residential uses by special exception. Minimal parking and building setbacks apply, but parking may be placed between buildings and the street. The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad mix of commercial and residential uses, including multi - dwelling buildings as proposed by the applicant. Unlike the CC -2 Zone, the Riverfront Crossings code allows for a variety of building types and commercial uses are not required on the ground -level floor of every building. Buildings must be oriented to Riverside Drive with street - facing entries opening onto an improved streetscape designed to provide a more comfortable and attractive environment for pedestrians buffered from vehicular traffic on Riverside Drive. Parking must be located behind or to the side of buildings and screened and buffered from the sidewalk and the street. Residential density is limited by building height and parking. The maximum building height in this area of the West Riverfront subdistrict is four stories. An additional story may be granted through the bonus provisions. An open space requirement of 10 square feet per bedroom is required for properties containing residential uses. Building design standards apply and will be administered through the staff design review process. These include requirements for streetscape improvements, landscaping, fagade composition and articulation, fenestration (window coverage), entranceway design, and building materials. The applicant has developed a preliminary site plan illustrating a C- shaped multi - dwelling building containing approximately 96 dwelling units with the main entrance fronting on Riverside Drive and a large landscaped courtyard located to the rear. Parking is located within the building and in a surface lot located behind and to the side of the building. If designed with features and landscaping that support passive recreation and leisure activities, the rear courtyard would satisfy the open space requirement and provide a valuable amenity for residents of the building. The applicant has indicated he intends to build a quality building designed to meet all the Riverfront Crossings design standards. Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan. The subject property is located in the West Riverfront Subdistrict of Riverfront Crossings. One of the primary goals for this subdistrict is to encourage redevelopment that will help create a more pedestrian - friendly character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto - dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restaurants, and other services. The new form -based zoning code for Riverfront Crossings is intended to help implement that vision and contains standards for building and parking placement, streetscape improvements, building form and design, and landscaping and open space requirements. Due to the absence of building and parking placement standards and few requirements related to building form and design, the current CC -2 zoning for the property will not ensure that the property will develop in a manner consistent with the Riverfront Crossings Master Plan. One of the most important goals for the West Riverfront subdistrict is to improve the environment along Riverside Drive to make it safer and more comfortable for pedestrians. Since 3 the requested rezoning will result in a significant increase in the residential population in the area, staff recommends as a condition of rezoning, that the applicant dedicate 10 feet of land along the Riverside Drive frontage of the property to widen the public right -of -way. The additional land will be used to create a wider landscaped buffer between the traffic lanes on Riverside Drive and the public sidewalk. This will improve public safety and provide for a higher quality living environment for residents of the new building and encourage walking and biking to area businesses. The City is also moving forward with plans to create a pedestrian tunnel through the railroad embankment. The proposed tunnel will allow safe pedestrian movement north along Riverside Drive to the University campus and Downtown. As a condition of the rezoning, staff recommends that the applicant grant a public access easement or dedicate the necessary right - of -way between Riverside Drive and the location of the pedestrian tunnel. The applicant has indicated willingness to dedicate the necessary land for widening the right -of -way along Riverside Drive and for the constructing the pedestrian tunnel through the railroad embankment. For all the reasons stated above, staff finds that the requested zoning (RFC -WR) is consistent with the City's Comprehensive Plan and will help to facilitate redevelopment that will comply with the Riverfront Crossings Master Plan, provided that land along Riverside Drive is dedicated to the City to allow for improvements to the pedestrian environment necessary to accommodate the increase in residential density allowed by the rezoning. Compatibility with neighborhood: The proposed multi - dwelling building, if designed according to the form -based code, will be an improvement to what is currently an auto - dominated area with a streetscape that is largely hostile to pedestrians. The added residential density will result in additional demand for retail, restaurants, and commercial services, which will be a benefit for existing businesses and an encouragement for further neighborhood - serving commercial and mixed -use redevelopment along Riverside Drive. Transforming the auto - oriented commercial strip development along Riverside Drive to a more pedestrian - friendly environment with a better mix of neighborhood - serving businesses will also benefit the residential neighborhoods located to the west of the Riverfront Crossings District. The form -based zoning standards will help to ensure that new buildings are compatible with the vision of the Riverfront Crossings plan and with surrounding residential neighborhoods. Therefore, staff finds that the proposed rezoning is compatible with the surrounding neighborhood. Traffic implications: There are currently two driveway access points from this property to Riverside Drive. To improve traffic and pedestrian safety, goals for the West Riverfront subdistrict include reducing the number of curb cuts along Riverside Drive, providing a wider sidewalk that is set back from the curb with a wider landscaped buffer, and providing a safe pedestrian connection through the Iowa Interstate Railroad embankment. The proposed development will result in closure of one of the driveway curb cuts on Riverside Drive and as noted above, the applicant has agreed to dedicate the additional right -of -way necessary for the stated pedestrian improvements. Access to the site will be from one driveway that accesses both Riverside Drive and Orchard Street. While there may be some cut - through traffic from residents living on Orchard Court, a short cul -de -sac that includes five lots with a single family house and four four - plexes, the traffic impacts will be negligible. Staff finds that the improvements that will result from closing a curb - cut and enhancing the pedestrian environment along Riverside Drive will far outweigh any minor increase in cut - through traffic using the driveway to access Riverside Drive. STAFF RECOMMENDATION: Staff recommends approval of REZ14- 00009, a proposal to rezone approximately 3.02 acres of property located between South Riverside Drive and Orchard Street, south of the Iowa Interstate Railroad and north of Benton Street from Community Commercial (CC -2) to Riverfront Crossing- 4 West Riverfront (RFC -WR), subject to a Conditional Zoning Agreement requiring the applicant/owner to dedicate 10 feet of land along the Riverside Drive frontage of the property to the City in order to widen the public right -of -way along Riverside Drive, closure of the northernmost curb cut from the property to Riverside Drive, and dedication of land or grant of a public access easement to allow the public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location determined by the City. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Preliminary site plan Approved by: Robert Miklo, Senior Planner, Department of Neighborhood and Development Services W- re �' 0 0 r ° N W ce �0-1 :�E -aa Nnal� '�� N, 3A`d__63TIW CCCC..nn 11 u� s W I Z Zed ° Q w ��ii ;ia8y U F 0 ul 8E YE Q w U 22I QQ LL p J y 8 {a p aOAA ci i t FFA9B t R j5_ 4 N8R s. 5y ° W LLJ ° —I �3i g EgI: yyag;;ge5 a� Wy /� �si� :PiSe a Fpv 3a 9ie pe da °zg a §� e9•aa,a ®a® 5Y A 0L LL pV 5 }i F'A5A0 Lg Y;R �� gy.ICA lF p ReC ![fAA � AR £"�� itp. AAq �Yf� R5a E i yy g3 €ia�a'�Sp@' 3Ry.y PFF i� v� b }1 1} Aa ;1 4 � tlsaq � ? EE �3 �' gqnR¢p� eipyig �y"�pa �9 awe ��i gg�gggg� 2�e6 ia : 41 'e 4a }Es g^.�"vv !i p €pis SaAAa� iaas y H4 s Ili 1 §8 - GA�K.RDS��7 Z 00 Ug O w LU 41 • 4� d. � .. v IN i 1 � t i t p q � All ,, c s ru fu {{ 1 • • " rea k • r £" - UO ii, , • ..« x ,1, ,mP c � � ice• s � _ gqgj June 4, 2014 RE: S. Riverside Drive (REZ14- 00009) To: Iowa City Planning and Zoning Commission: I hesitate to voice an objection to this rezoning request as I am not one to interfere with growth or development. However, I do have an opinion and some concerns. In my opinion it seems wrong to make the "gateway" entrance to our city go through a residential or may I say "bedroom" community, when prime real estate is very valuable for retail sales and services to our community. It seems to me a bus route could just as easily run through a residential area on a secondary or side street and not have residential buildings consume valuable retail space. Another concern I have with residential on the west side of Riverside Drive is there is no sidewalk under the railroad viaduct. Many times I have personally witnessed pedestrians who have risked walking in the street (state and federal highway) to get around the viaduct on that side. I have raised this issue several times and have been led to believe there was no good solution. I believe this issue must be addressed fi rst. I believe a good "gateway" entrance to our city should proudly display retail activity and energy with parking lots full of shoppers. Retail and services (offices, restaurants, banks, and services) stimulate the economy with jobs. I fail to understand why we are trying to move all services to "out of sight" locations when any businessman knows location, location, location is most important for retail businesses to survive. Please feel free to contact me for further discussion. Sincerely- Noah Kemp, President Professional Muffler, Inc. 319 - 936 -2534 nwk @kctc.net Planning and Zoning Commission June 5, 2014 Page 6 of 13 Eastham said he thinks this is a reasonable use of this parcel. He says this helps achieve a better balance of multi - family higher density homes available to people whose children will be attending Weber Elementary School. Theobald said she wished there was another way to manage storm water and buffer with vegetation that would further draw water down. She said she thinks what they do with that is not very attractive and probably not the best practice. She said she would like to discuss the design of stormwater in general at a later date. Thomas said with the cluster this would be a great opportunity to develop a recreational area, but according to the plans he's looking at, more focus seems to be on the parking. Freerks said sometimes there's a nice balance between that and retaining unkempt trees and shrubs and nature as a buffer. She said there is value in both. Thomas agreed that there was an opportunity here to do both. A vote was taken and the motion carried 7 -0. REZ14 -00009 Discussion of an application submitted by Emrico Properties LLC for a rezoning of 3.02 - acres of land located on the west side of South Riverside Drive, north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone. Miklo said the subject property formerly contained a portion of the Hartwig Auto Dealership. He showed various views of and from the property. He said the proposed Riverfront Crossings zone is a mixed use zone that allows both commercial and residential, the latter either on the ground floor or on the upper floors. He said intensity of development for residential would be somewhat higher in the Riverfront Crossings Zone than in the CC -2 zone as the CC -2 zone requires commercial on the ground floor and Riverfront Crossings does not and CC -2 allows three stories whilst Riverfront Crossings allows four stories with the potential for a bonus floor. Miklo said the proposed plan is for 96 dwelling units built over an underground parking facility with a surface lot as well. He said an issue identified with the Riverfront Crossings District is improvement of pedestrian access and the character along Riverside Drive, and staff believes this building will contribute to that vision by building a structure on the west side of the street with the parking behind it. He said as conditions of the rezoning staff is recommending that ten additional feet of right -of -way be dedicated to the City to allow improvement of the pedestrian sidewalk and an easement or right -of -way be granted by this property to allow a pedestrian connection for a potential tunnel under the railway viaduct. Miklo said staff feels this proposal does meet the Riverfront Crossings vision. He said there will be a buffer strip on the west side of the proposed building. He said one of the two curb cuts will be eliminated and consolidate them into one. He said staff is recommending approval with the conditions outlined in the staff report. Swygard asked if the subject property abuts a single family property. Miklo said it abuts the OPD -5 zone to the west which contains duplexes. She asked how much traffic will funnel down Orchard Street to Benton Street. Miklo said they anticipates some, but predicting how much will go down Orchard versus Riverside Drive may not be possible. Planning and Zoning Commission June 5, 2014 Page 7 of 13 Yapp said they could not model something this small on their traffic model. He said he thinks that most of the residents of the proposed building will be headed north toward campus and downtown. Dyer asked if this is the only property that will abut residential property across Orchard Street. Miklo said as you work south there will be other properties that will abut residential. Eastham asked what the Form Based Code has to say about assessing the capacity of a street like Orchard Street to carry traffic from a fairly dense residential use. Yapp said the Form Based Code doesn't address traffic volume on streets but as part of staff's regular analysis they do consider traffic volumes and how that might affect a street. He said even with this number of units for the proposed building, Orchard Street will have a relatively low traffic volume overall. Freerks opened public discussion. Kevin Hanick on behalf of Emrico LLC said we will be seeing major changes in downtown. He said the downtown housing right now is dominated by undergraduate rental housing. He said he thinks there is a need to serve a non - undergraduate population with a level of amenity -based housing that's close in but not in downtown. He said this project would predominantly have studios, one and two- bedrooms. He said although they would qualify for a bonus floor by dedicating an extra ten feet of right -of -way and buffer they don't anticipate going over four stories. He said this property is out of the flood plain. Eastham said the plan before him shows buffering between the subject site and the homes across Orchard Street. Miklo said the Code requires a buffer strip that this plan includes. He said it's a good zoning practice to have transitions occur at backyards and that is the case here for the properties on Orchard Court. Freerks said it's key to address headlight traffic. Hanick said the applicants hope that residents will take advantage of the nearby bus routes, and pedestrian and bicycle paths, and that driving will not be the only way to get around. Swygard said there will be good public transportation to get to stores across the highway, but she said she still has some concern about the headlights as they exit facing west to get onto Orchard Street. Hanick said the curb cut from the parking lot would align with Orchard Court. Dyer said she finds it distressing to have parking facing a residential neighborhood. She asked if all the spaces are necessary. Hanick said it's what they need and it will meet the City guidelines. Freerks closed public discussion. Eastham moved to recommend approval of REZ14- 00009, a proposal to rezone approximately 3.02 acres of property located between South Riverside Drive and Orchard Street north of Benton Street from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront (RFC -WR) zone subject to a Conditional Zoning Agreement requiring the applicant; Planning and Zoning Commission June 5, 2014 Page 8 of 13 1. To dedicate ten feet of land along the Riverside Drive frontage of the property to the City in order to widen the public right -of -way along Riverside Drive 2. Closure of the northern most curb cut from the property to Riverside Drive 3. Dedication of land or grant of a public access easement to allow the public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location to be determined by the City. Martin seconded. Eastham said the Commission agreed to a course with the Form Based Code governing the Riverfront Crossings area so his duty is to approve this rezoning with the conditions as outlined. He said this is a real opportunity to take the first step in the Riverfront Crossings District. Freerks said she's happy to see this come forward and is starting to formulate what staff and the community have put so much into and this has a lot of potential. She said she hopes it all comes together well and the applicant knows that the Commission is concerned about parking and headlights. Thomas said he's pleased to see things moving forward and he was interested in seeing how the Form Based Code would translate to the building design. He said although this isn't the final plan, it is a building with some articulation creating useable open space and he thinks that's a real step forward. He said that in the Downtown /Riverfront Crossing Master Plan the drive does align with Orchard Court and these are the kinds of things that do make a difference in terms of the overall outcome. Swygard said it's good to see some development finally happening in this part of town that will hopefully encourage and spur further development in the area. She said she's happy to see some stability come to the area with this development. She said her concern is the traffic because even though it's anticipated that people living there will either work or head north for certain activities, she knows they are going to go south for their daily activities like grocery shopping. She said she is concerned about cut - through traffic on Miller and Hudson Streets, streets that are already overburdened and she would encourage that neighborhood to look at some traffic calming features for those two streets. Theobald said she's excited about this development but she does share Swygard's concerns about the traffic. A vote was taken and the motion carried 7 -0. Freerks called for a short break. Freerks called the meeting back to order. REZ14- 00008 1SUB 14 -00008 Discussion of an application submitted by John Hieronymus for a rezoning of 1.36 -acres of land located north of Muscatine Avenue and west of Scott Boulevard from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and for a preliminary plat of Silver Slope, a 20 -lot, 12.14 acre residential subdivision. Miklo explained the street design changes between the current rezoning application and a previous one. He said the previous plan provide a loop street that would have connected back �-dt ca Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 5 319 56 -523 (REZ14- 00009) A:-4 C-)-< _ ...... ORDINANCE NO. �rn A AN ORDINANCE RE NING APPROXIMATELY 3.02 ACRES OF PRO ERTY F CIIIMU COMMERCIAL (CC -2) ONE TO RIVERFRONT CROSSINGS -WEST ERFRO FC9WR) LOCATED ON THE WE T SIDE OF SOUTH RIVERSIDE DRIVE, NO H OF BE ON STREET AND SOUTH OF THE IOWA IN RSTATE RAILROAD(REZ14- 00009). W WHEREAS, the applican Emrico Properties LLC, has requested rezoning of property located at 629 South Riverside Drive from Co unity Commercial (CC -2) to Riverfr t Crossings - West Riverfront (RFC - WR); and WHEREAS, the Downtown an Riverfront Crossings Master P an was adopted in January 2013 as an integral part of the City's Comprehe ive Plan and the subject operty is located in the West Riverfront Subdistrict of the Riverfront Crossings trict; and WHEREAS, the Riverfront Crossin - West Riverfron (RFC -WR) Zone was developed to help implement the vision of the Riverfront Cross gs Master Plan b encouraging redevelopment that will create a more pedestrian - friendly character along *verside Drive by enhancing the streetscape and overall aesthetics, tempering auto - dominated frontage by locating uildings closer to the street with parking behind or to the side of buildings, and creating a plac where eople can live close to the Iowa River and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in si nificant increase in the residential population in the area, which will increase the pedestrian traffic along t Riverside Drive right -of -way, which currently is too narrow to provide adequate pedestrian facilities to acc odate such an increase; and WHEREAS, the Planning and Zoning Commissi has eviewed the proposed rezoning-and- determined - - - - that it complies with the Comprehensive Plan, pro ded Ian i dedicated to the City to widen the Riverside Drive right -of -way to create a larger landscape b er between he traffic lanes and the public sidewalk and an easement is granted or land dedicated to the ity to provide construction of a pedestrian tunnel under the Iowa Interstate Railroad; and WHEREAS, Iowa Code §414.5 (2013) rovides that the City f Iowa City may impose reasonable conditions on granting an applicant's rezo ing request, over and ab ve existing regulations, in order to satisfy public needs caused by the reque ed change; and WHEREAS, the owner and applica have agreed that the property s II be developed in accordance with the terms and conditions of the C ditional Zoning Agreement attached ereto, to satisfy public needs caused by the requested developmen o ensure appropriate development in this rea of the city. NOW, THEREFORE, BE IT DAINED BY THE CITY COUNCIL OF T CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. S sect to the Conditional Zoning Agreement attached he to and incorporated herein, property described be w is hereby reclassified from its current zoning design 'on of Community Commercial (CC -2) to Riverf nt Crossings - West Riverfront (RFC -WR): LEGAL DESCRIPTION \ Auditor's Parcel 20130 4 in accordance with the Plat thereof recorded in Deed Book 58, at 37 of the Records of the Joh on County Recorder's office. Said parcel of land contains 3.02 Acres, (131,459 square feet) , and'' subject to easements and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this'amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk 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 Ordinance No. Page 2 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. SEVERAB' LITY. If any section, provision or part of th Ordinance shall be adjudged to be invalid or unconstitutional, su adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part there not adjudged invalid or unconstitution cGrTinni v11 FFFF(;TIV DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by la* Passed and approved this _"day of MAYOR ATTEST: CITY CLERK App ved by a- - - City Attorney's Office 4,, /(y 2014. N 0 .c- N --i C7 .<r! M i 00 W Prepared by: Kirk Lehmann, Development Services Intern, 410 E. (REZ14- 00009) 0 Washington, Iowa City, IA 5z;¢ 4419)j: 6 -523r � ta l " . CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, a, a municipal c(Xporation (hereinafter "City "), Hartwig Properties LLP (hereinafter "Owner ") and Emrico Properties LLC (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approxi ately 3.02 acres of property located west of South Rivers a Drive, north of West Benton St et, east of Orchard Street, and south of the Iowa Interstate R 'Iroad; and WHEREAS, the Owner s requested the rezoning of said property from Community Commercial (CC -2) to Riverfront ossings —West Riverfro t (RFC -WR); and WHEREAS, the Planning and oning Commission as determined that, with appropriate conditions regarding pedestrian safet and comfort, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2 13) prov' es that the City of Iowa City may impose reasonable conditions on granting an app 'cant's rezoning request, over and above existing regulations, in order to satisfy public needs c se by the requested change; and WHEREAS, the Owner acknowled reasonable to ensure the development of t Plan and the need for pedestrian safety and WHEREAS, the Owner agrees to dev#p this conditions of a Conditional Zoning Agreeyhent. that certain conditions and restrictions are -- \\operty is consistent with the Comprehensive :k) : and rty in accordance with the terms and NOW, THEREFORE, in consideratio of the mutual p mises contained herein, the parties agree as follows: 1. Hartwig Properties LLP is he legal title holder of a property legally described as follows: Auditor's Parcel 2 13054 in accordance with t e Plat thereof recorded in Deed Book 58, at Page 37 of he Records of the Johnson ounty Recorder's office. Said Parcel of land contains .02 Acres, (131,459 square feet),�nd is subject to easements and restrictions of Rec d. \ 2. The Owne/ehen l ges that the City wishes to ensure cont'�rmance to the principles of the Coi a Plan, including the West Riverfront Sub 'strict of the Downtown and Riverfsings Master Plan. Further, the parties ackno� ledge that Iowa Code §414.5 (20ides that the City of Iowa City may impose reasonable conditions on granting ant's rezoning request, over and above the existing regulat ions, in order to salic needs caused by the requested change. 3. In considethe City's rezoning the subject property, Owner andApplicant agree that devel f the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of ppdadm /agt/ordinance rez14 -00009 riverside dr hanick draft riverfront crossings cza.docl the property: a. Owner shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive frontage to the City to enable the widening of the public right -of -way to enhance pedestrian safety along the corridor; and \ b. The, existing northernmost curb cut to Riverside Dfive shall be closed. The property shall be served by only one curb cut to Riverside Dr e; and C. Own shall dedicate the necessary land to the Ci or grant a public access easement at the northeast corner of the subject propert to allow a public sidewalk to be extende under the Iowa Interstate Railroad em ankment in a location determined by the City. 4. The Owner and plicant, and City acknowle ge that the conditions contained herein are reasonable co itions to impose on the I nd under Iowa Code §414.5 (2013), and that said conditions satisfy public needs t at are caused by the requested zoning change. 5. The Owner and Applicant nd City ackno edge that in the event the subject property is transferred, sold, redevelo ed, or subdi ided, all redevelopment will conform with the terms of this Conditional Zoni g Agreem nt. 6. The parties acknowledge that th Co itional Zoning Agreement shall be deemed to be a covenant running with the land nd with title to the land, and shall remain in full -force and effect as a covenant with title the land, unless or until released of record by the City of Iowa City. The parties further acknowledge t at this greement shall inure to the benefit of and bind all successors, representatives, d assig of the parties. 7. The Owner and Applicant cknowledge at nothing in this Conditional Zoning Agreement shall be construe to relieve the O er or Applicant from complying with all other applicable local, state, nd federal regulatio s. 8. The parties agree that th reference into the ordinan publication of the ordina c Recorder's Office at the AP Dated this day of CITY OF IOWA CITY Matthew J. Hayek, Attest: Conditional Zoning Ag�l :e rezoning the subject pros :e, this agreement shall be plicant's expense. ppdadm /agt/ordinance rez14 -00009 riverside dr hanick draft riverfront crossings cza.doc2 ment shall be incorporated by rty, and that upon adoption and Kcorded in the Johnson County 2014. -� a o By: Hartwig Properties LLRw 1 Marian K. Karr, City Clerk Approved by: 11 94- City Attorney's ffice u (r, ( q CITY OF IOWA C Y ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowle ed before me on Hayek and Marian K. Karr as Mayo nd City Clerk, HARTWIG PROPERTIES LLP AC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowled e by of Hartwig Properties LL By: Emrico Properties LLC 1 , 2014 by Matthew J. of the City of Iowa City. No ary Public in and for the State of Iowa amp or Seal) Title nd Rank) My co m ssion expires: \ �-- EDGEMENT: n - i c-3 r M C d before me on 201' c,a (Name(s) of individual(s) as (type of authority, such or trustee) of Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadm /agt/ordinance rez14 -00009 riverside dr hanick draft riverfront crossings cza.doc3 My commission expires: EMRICO PROPERTIES LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was by Emrico Properties LLC. nowledged before me on 2014 (Name(s) of individual(s) as (type of aut ority, such as officer or trustee) of Notary P lic in and for the State of Iowa (Stain} or Seal) (and Rank) mmission expires: ppdadm /agt/ordinance rez14 -00009 riverside dr hanick draft riverfront crossings cza.doA N C:) .— C co rs ca s- =-t Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 5225) 345230 (REZ14- 00009) C-D :YZ co CONDITIONAL ZONING AGREEMENT n, THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), "artwig Properties LLP (hereinafter "Owner "), and Emrico Properties LLC (hereinafter "Applicant "). WHEREAS, wrier is the legal title holder of appro imately 3.02 acres of property located west of Sout Riverside Drive, north of West Benton reet, east of Orchard Street, and south of the Iowa Inte state Railroad; and WHEREAS, the Owner has requested the r/1verfr of said property from Community Commercial (CC -2) to R erfront Crossings— West Rt (RFC -WR); and WHEREAS, the Pla ing and Zoning Commiss determined that, with appropriate conditions regarding pedes ian safety and comfort, ested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Cod §414.5 (2013) pr ides that the City of Iowa City may impose reasonable conditions on gran ' g an applican s rezoning request, over and above existing regulations, in order to satisfy pu is needs ca ed by the requested change; and WHEREAS, the Owner a nowle ges that certain conditions and restrictions are reasonable to ensure the developm nt the property is consistent with the Comprehensive Plan and the need for pedestrian safet nd comfort; and WHEREAS, the Owner agrept tol levelop this property in accordance with the terms and conditions of a Conditional Zoning^greerrpnt. NOW, THEREFORE, in consi eration of t mutual promises contained herein, the parties agree as follows: 1. Hartwig Properties LP is the legal titl holder of the property legally described as follows: Auditor's arcel 2013054 in acco dance with the Plat thereof recorded in Deed Book 58, at Pa e 37 of the Records of he Johnson County Recorder's office. Said Parcel of land ontains 3.02 Acres, (131,4 square feet), and is subject to easements and restrictio s of Record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of ppdadrrdagl/cza for rez14 -00009 riverside dr hanick.cao approved.doc 1 of 4 ca r Q � the property: n-4 a. Owner shall dedicate a strip of land 10 feet wide along the subjecpet's e Riverside Drive frontage to the City to enable the widening of the pu gh�.§f -wa enhance pedestrian safety along the corridor; and b. The existing northernmost curb cut to Riverside Drive shall be closed. The property shall be served by only one curb cut to Riverside Drive; ands c. Owner shall dicate the necessary land to the City or gra a public access easement at the northe t corner of the subject property to allo a public sidewalk to be extended under a Iowa Interstate Railroad embankme in a location determined by the City. 4. The Owner and Applica t, and City acknowledge that a conditions contained herein are reasonable condition to impose on the land unde Iowa Code §414.5 (2013), and that said conditions satis public needs that are aused by the requested zoning change. 5. The Owner and Applicant and ty acknowledge t t in the event the subject property is transferred, sold, redeveloped, subdivided, ay redevelopment will conform with the terms of this Conditional Zoning A eement. 6. The parties acknowledge that this Co ditional oning Agreement shall be deemed to be a covenant running with the land and it tit to the land, and shall remain in full force and effect as a covenant with title to th la d, unless or until released of record by the City of Iowa City. The parties further acknowledge that this g ement shall inure to the benefit of and bind all successors, representatives, and ass' ns the parties. 7. The Owner and Applicant acknow edge tha nothing in this Conditional Zoning Agreement shall be construed to reli ve the Own r or Applicant from complying with all other applicable local, state, and fe ral regulation 8. The parties agree that this Co itional Zoning Agr ement shall be incorporated by reference into the ordinance rez ning the subject prop rty, and that upon adoption and publication of the ordinance, t s agreement shall be r orded in the Johnson County Recorder's Office at the Applic nt's expense. Dated this day of .12014. CITY OF IOWA CITY / Matthew J. Hayek, Mayor Attest: Marian K. Karr, City By: Emrico Properties LLC ppdadrrdagt/cza for rez14 -00009 riverside dr hanick.cao approved.doc 2 of 4 Approved by: City Attorney's Office &I / r//L CITY OF IOWA CITY ACKNOWLE GEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before eon Hayek and Marian K. Karr as Mayor and City Cle , HARTWIG PROPERTIES LLP ACI STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged by �V t� Ha; of Hartwig Properties LLP. , 2014 by Matthew J. y, of the City of Iowa City. Notary Pu is in and for the State of Iowa (Stamp r S 1) Title ( nd Rank) My ommission ex ires: EMENT: /ore me on 6111 —,20 ame(s) of individuals) as (type of authority, such as office or trustee) of Notary Public in and for said County and State (Stamp or Seal VNE ( p ) 55s Title (and Rank) My commission expires: �`� 3 J — /� ppdadnVagVcza for rez14 -00009 riverside dr hanick.cao approved.doc 3 of 4 ca =� rn rn co wv , 2014 by Matthew J. y, of the City of Iowa City. Notary Pu is in and for the State of Iowa (Stamp r S 1) Title ( nd Rank) My ommission ex ires: EMENT: /ore me on 6111 —,20 ame(s) of individuals) as (type of authority, such as office or trustee) of Notary Public in and for said County and State (Stamp or Seal VNE ( p ) 55s Title (and Rank) My commission expires: �`� 3 J — /� ppdadnVagVcza for rez14 -00009 riverside dr hanick.cao approved.doc 3 of 4 EMRICO PROPERTIES LLC ACKNOWLEDGMENT: STATE OF IOWA ) JOHNSON COUNTY ) This instrument was acknowl by Ke' / "I 144A'C- L M a 4 4- C /-z-✓ Emrico Properties LLC. ed before me on �r �� , 2014 ame(s) of individual(/uthority, (type of such as officer or trustee) of a� 'k, e, 1�, - 7itle ublic in and for the State of Iowa or al CAROL A. PETTIT P ) ; commission Number 167855 M rr�Sion � Aires nd Rank) ° - l j My commission exp es: J `� f ppdadMagt/cza for rez14 -00009 riverside dr hanick.cao approved.doc 4 of 4 t C-- v 00 ppdadMagt/cza for rez14 -00009 riverside dr hanick.cao approved.doc 4 of 4 Prepared by: Kirk Lehmann, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 (REZ14 -0000 4e ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ14- 00008) WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property located at the northwest corner of Muscatine Avenue and Scott Boulevard from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and WHEREAS, this 1.36 acres is shown, in part, as the Terrence Lane right -of -way adjacent to RM -12 zoned property, shown as Lots 20 -22 on the Terra Verde Final Plat; and WHEREAS, the applicant has submitted a new preliminary plat that eliminates Terrence Lane, reconfigures the remaining street, and incorporates this 1.36 acres into the adjacent RM -12 lots; and WHEREAS, Lots 20 -22, Terra Verde Subdivision, are subject to a Conditional Zoning Agreement recorded at Book 4723, Page 906 -912, requiring that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at the time Terrence Lane was paved, and requiring that the multi - family buildings be constructed in substantial compliance with a November 30, 2010 site plan and building elevations; and WHEREAS, this conditional zoning agreement shall be amended if and when the Terra Verde final plat is vacated and a subsequent final plat is approved, to add this 1.36 acres thereto and reflect the change in conditions regarding Terrance Lane; 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 Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM- 12): LEGAL DESCRIPTION Commencing at the East Quarter Cornier of Section 13, Township 79 North, Range 6 West, of the fifth Principci Meridian; thence 587'35`12'W, along the South line of the Northeast One - Quarter of said Section 13, a distance of 50.00 feet, to the POINT OF BEGINNING; Thence continuing 58735'12 "tt; along sold South line, 340.00 feet, to the Southeast comer of a Tract of Land described =n the Warranty Deed, as recorded In (look 1146, at Pane 59, in the Records of the Johnson County Recorder's Office; Thence N0130'01'W, along the East line of Said Warranty Deed, and Its Northerly extension thereof, 527.19 feet; Thence N44'52'58 "E, 80.43 feet; Thence S45'07'02 0E, 28.16 feet; Thence Southeasterly, 173.66 feet, along on arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord boars S78'17'00 "E; 'thence 4rortheasterly, 90.67 feet, along an arc of a 150.00 foot radius cures, concave Southeasterly, whose 89.30 foot chord bears N8552'01 "E; Thence S76'48'58'E, 13.77 feet, to a point on the West line of Parcel "3" of the Ralston Greek South Property Acquieltion Plot of Survey, as recorded In Plat Book 19, at Page 84, in said Records; Thence S01'30'01'E, along sold 'Nest fine. 33.29 feet; Thence S88'29'5VW. 279.96 feet; Thence S0130'01'E, 434,89; Thence N88*23`07" E, 279.96 feet, to a point on said West line of Parcel '3 "; Thence S01'30'01'E. along said West line, $2.29 feet, to said POINT OF BEGINNING, containing 1.36 acres, more or less. and subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Ordinance No. Page 2 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 Apfiroved by f`'l%K ' ity t orney's Office To: Planning & Zoning Commission Item: REZ14 -00008 & SUB14 -00008 Silver Slope GENERAL INFORMATION: Applicant: Contact Person: Email: STAFF REPORT Prepared by: Darian Nagle -Gamm Date: June 5th, 2014 Hieronymus Family Partnership 3322 Muscatine Avenue Iowa City, IA 52240 John Hieronymus 3322 Muscatine Avenue Iowa City, IA 52240 j.hieronymus @mchsi.com Requested Action: Subdivision of 17.85 acres and rezoning of 1.36 acres from RS -5 to RM -12 to accommodate new street alignment Purpose: Preliminary Plat Approval - Silver Slope subdivision, including 23 single family lots and 1 lot for 22 multi- family units Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Northwest corner of Muscatine Avenue and Scott Boulevard Rezoning of 1.36 acres; Preliminary plat of 17.85 acres; RS -5 Undeveloped and RM -12 Undeveloped North: Ralston Creek, P1 & RS -5 South: Single family, RS -5 East: Multi- family, RM -12 (under construction) and Scott Park, P1 West: Single family, RS -5 Comprehensive Plan: Southeast Planning District Plan shows multi - family at the corner of Muscatine Ave and Scott Boulevard and single family on the remainder of the parcel. Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: SE -1 Court Hill /Lucas May 15th, 2014 June 29th, 2014 Public Utilities: The area is currently served by Public Utilities 2 Public Services: This area is currently served by the Eastside Loop transit route BACKGROUND INFORMATION: The land under consideration is currently zoned Low Density Single Family Residential (RS -5) and Multi- family (RM -12). A previous applicant for the same property, TNT Land Development LLC, was granted approval of a rezoning of approximately 2.79 acres at the corner of Muscatine Avenue and Scott Boulevard from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12) in February 2011. A final plat for this property was approved in 2011 (Terra Verde Subdivison), but for a different developer. The current applicant is now requesting approval of a redesigned preliminary plat for a 23 -lot detached single family and 1 -lot multi - family residential subdivision with 2 outlots. While the final plat approved in 2011 included a loop street to be accessed from Muscatine Avenue (copy attached); the current concept includes Silver Lane, which is accessed from Scott Boulevard and terminates at a cul -de -sac to the west. Because the street alignment changed, there is a small parcel of land zoned as RS -5 in the area proposed for multi - family. The request to rezone this parcel as multi - family (RM -12) is for continuity; however no additional multi - family units will be built outside of the previously approved 22 units per the 2011 Conditional Zoning Agreement. ANALYSIS: Zoning and the Comprehensive Plan: The proposed subdivision is comprised of 23 detached single family lots, 1 multi - family lot, and 2 outlots. Outlot A is used for stormwater management and is accessed off of Scott Boulevard via Silver Lane, the sole street in the subdivision. Outlot B is located on the west side of the subdivision and is not accessible by street. Both will be maintained by the homeowner's association. All single - family lots meet the minimum 8,000 sq ft. lot size, 60' lot width and 45' lot frontage required by zoning. The proposed subdivision is located within the Southeast Planning District. The plan indicates that the area near the intersection of Muscatine Avenue and Scott Boulevard is appropriate for multi - family residential use, with the remainder of the subject property being appropriate for single family dwellings as provided by the preliminary plat. The City's adopted Comprehensive Plan encourages a mix of housing types including multi - family dwellings and also encourages concentration of infill development contiguous to existing neighborhoods. The proposed subdivision meets these goals and therefore complies with several strategies outlined in the Comprehensive Plan. Subdivision design: Silver Lane has been designed to local street standards, with a 60' right of way, 26' pavement width, and 5' sidewalks on each side. A sidewalk stub between lots 14 and 15 will ultimately allow the subdivision to connect to the Court Hill Trail to the north of the subject property. The subdivision regulations discourage cul -de -sacs and roads with a single point of access. The applicant has proposed that Silver Lane end in a cul -de -sac rather than loop back to Muscatine Avenue as proposed in the previously approved Terra Verde subdivision. The applicant indicates that the cul -de -sac design is being proposed to preserve Outlot B, which contains several mature trees which he wishes to preserve in an area of common open space. The multi - family buildings will not be allowed direct access onto Muscatine Avenue or Scott Boulevard and additionally must be set back a minimum of 40' from the property line along Muscatine Avenue and Scott Boulevard. The fronts of the buildings are required to face the abutting streets and the parking must be located behind the buildings. The developer will need to submit a concept plan for the layout and building design of the multi - family buildings for 3 consideration by the Staff Design Review Committee prior to receiving a building permit to ensure compliance with the Conditional Zoning Agreement approved in February 2011. Portions of lot 20 (the multi - family parcel) will also require a rezoning as the original rezoning (Ord. 11 -4432) only included approximately 2.79 acres of property that was rezoned from RS -5 to RM -12. Lot 20 is now approximately 3.58 acres as noted on the preliminary plat due to the reconfiguration of the street layout on the property. Compatibility with neighborhood: The surrounding neighborhood consists of predominately single - family homes. In staff's opinion, the proposed development is compatible with the surrounding neighborhood. The location of the multi - family is appropriate given its access to the arterial streets. Environmentally Sensitive Areas: Ralston Creek is located to the north of the subject property and hydric soils are present on lots 11 -16. Houses on lots with hydric soils need to be constructed with sump pumps and more stringent construction safeguards will be required for any parts of the street that are affected by hydric soils. At the time of final plat approval these requirements will need to be addressed in the legal papers. Traffic, access, and street design: Single- family lots 1 — 19 and the multi - family lot of the proposed subdivision will be accessed from Scott Boulevard via Silver Lane, the sole street in the subdivision, while single - family lots 21 — 23 will be accessed from Muscatine Avenue. Silver Lane has been designed as a single access cul -de -sac that extends towards the west property line. As individual lot access to arterial streets is discouraged in order to keep the number of potential conflict points to a minimum, lots 22 and 23 (accessed off of Muscatine Avenue) should be designed with a single shared driveway. This should be noted on the preliminary plat. The driveway location is at the discretion of the developer. Currently no sidewalks exist on the north side of Muscatine between Juniper Drive and Scott Boulevard. The developer will be required to install a 5' wide sidewalk along this entire frontage within the right -of -way concurrent with the construction of Silver Lane. This information is included in the CZA approved in February 2011. Additional right of way on Muscatine Avenue is also being dedicated in order to facilitate intersection improvements at the Scott Boulevard / Muscatine Avenue intersection. The preliminary plat includes a trail extension from Silver Lane to the northern property line on Outlot A between lots 14 and 15. This trail extension will provide for a future connection with the Court Hill Trail. Neighborhood parkland or fees in lieu of: A planned development of this size is required to dedicate 23,581 square feet of neighborhood parkland or pay fees in lieu of. The open space requirements were calculated as follows: 3.58 multi - family acres X .65 X 15 X 2.22 persons per dwelling unit X 3 acre / per 1000 persons for a total of 10,126 square feet + 14.27 single - family acres X .65 X 5 X 2.22 persons per dwelling unit X 3 acre / per 1000 persons for a total of 13,455 square feet, which equates to an overall total of 23,581 square feet of parkland or fees in lieu of for the subdivision. Storm water management: Storm water management for the single family lots 1 — 19 and the multi - family parcel is being provided for on Outlot A. The developer will need to demonstrate how stormwater will be handled for single family lots 21 — 23 and Outlot B to the satisfaction of Engineering staff. Engineering staff has expressed concern about drainage against the homes south of Silver Lane and has requested that the developer provide subdrain along Silver Lane in order to have an outlet for sump pumps. 4 Infrastructure fees: Water main extension fee of $395 per acre is required. STAFF RECOMMENDATION: Staff recommends deferral of this application until the deficiencies noted below are resolved. Upon resolution of the deficiencies, staff recommends approval of REZ14- 00008, a rezoning of 1.36 acre parcel from single - family residential (RS -5) to multi - family (RM -12) located on the northwest corner of Muscatine Avenue and Scott Boulevard, and SUB14- 00008, a preliminary plat of Silver Slope, a 23 -lot, approximately 12.14 -acre residential subdivision at the same location. DEFICIENCIES /DESCREPANCIES: • Stormwater management needed for lots 21, 22, 23 and Outlot B. • A shared driveway will be required for lots 22 & 23, accessible via Muscatine Avenue. This should be noted on preliminary plat. ATTACHMENTS: 1. Location Map 2. Previously approved final plat (Terra Verde) 3. Rezoning exhibit (Silver Slope) 4. Preliminary plat (Silver Slope) Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development tuw uasa� ipWt4a w w- uuvWnY \� N a Og. > it �7 V) Q$ W o �ZQ Wmo g��— z U z X� I Ww" D W Y�trSR tr EG — Yl1.T• Z W ob '9111th iishis, I i 1i le!R�mi�l I Lu i g mJ b i- �R b gg �� Q W < ,� J J a N z w w aD 0 \, 0 J� �~::.•//� LLl �n ff V J Z zWv N W L.! CO � W w�aS 1 1a1 Z < D N H a a �� U 2 K N a 3w�3 0 =M0 Z W M~,,- }I N Ny w¢ aom- W z oc ks m R p Z 2 a `� S v z O1a E � � k• Ea ', Z 1z, J � � cg Z O� Z O W O U (n O QZQ U k - a 9 W yy N J �0 3 W < ,� J J a N z w w aD 0 \, 0 J� �~::.•//� LLl �n ff V J Z zWv N W L.! CO � W w�aS 1 1a1 Z < D N H a a �� U 2 K N a 3w�3 0 =M0 Z W M~,,- }I N Ny w¢ aom- W z oc ks m R `s�g�."'BbRWs o, Y ffi-EY Rs o�m3s s 165 § Fe. € 55�o���frP�y� 8r$g���Ysp Sa -- affirm° E88E Y�X W a O J CD w m IS $a \ ` i5 2 fr LU .t o ' (m � N • \ � � 2 \� 9 ��'._ / carer 3•m,oc.les I —_..._ � I i f_......_. y 1 I --'x w r l i w J + t _ _ r l r g G �J i s Is • '� :':rW i�a m�W i "x t6� �a _. � II�l.�if1 2S'.�I�I: J�Oj Vr(1p� "3.�IJ ,�• \, W A Axuluwd m ' ��v 1069 an S) — �•••� CL w Z� OR Q O UZ 0 EEO ::3 Jw -2 fill, PIP 11" tN, 15; w < 0 z >: 1, < 01 Z a- c) I Z1. N of a- 0— HYRI 0 4 -j U) LLI > j 'Al WN! i ....... ....... ....... pkwnl�y k 1 uls 117 IRV A, ei AR, rl 41 -1 Call > bi All Lij z 0 PIP 11" tN, 15; w < 0 z >: 1, < 01 Z a- c) I Z1. N of a- 0— HYRI 0 4 -j U) LLI > j 'Al WN! i ....... ....... ....... pkwnl�y k 1 uls 117 IRV A, ei AR, rl 41 -1 Call > bi All Planning and Zoning Commission June 5, 2014 Page 8 of 13 1. To dedicate ten feet of land along the Riverside Drive frontage of the property to the City in order to widen the public right -of -way along Riverside Drive 2. Closure of the northern most curb cut from the property to Riverside Drive 3. Dedication of land or grant of a public access easement to allow the public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location to be determined by the City. Martin seconded. Eastham said the Commission agreed to a course with the Form Based Code governing the Riverfront Crossings area so his duty is to approve this rezoning with the conditions as outlined. He said this is a real opportunity to take the first step in the Riverfront Crossings District. Freerks said she's happy to see this come forward and is starting to formulate what staff and the community have put so much into and this has a lot of potential. She said she hopes it all comes together well and the applicant knows that the Commission is concerned about parking and headlights. Thomas said he's pleased to see things moving forward and he was interested in seeing how the Form Based Code would translate to the building design. He said although this isn't the final plan, it is a building with some articulation creating useable open space and he thinks that's a real step forward. He said that in the Downtown /Riverfront Crossing Master Plan the drive does align with Orchard Court and these are the kinds of things that do make a difference in terms of the overall outcome. Swygard said it's good to see some development finally happening in this part of town that will hopefully encourage and spur further development in the area. She said she's happy to see some stability come to the area with this development. She said her concern is the traffic because even though it's anticipated that people living there will either work or head north for certain activities, she knows they are going to go south for their daily activities like grocery shopping. She said she is concerned about cut - through traffic on Miller and Hudson Streets, streets that are already overburdened and she would encourage that neighborhood to look at some traffic calming features for those two streets. Theobald said she's excited about this development but she does share Swygard's concerns about the traffic. A vote was taken and the motion carried 7 -0. Freerks called for a short break. Freerks called the meeting back to order. REZ14- 00008 /SUB 14 -00008 Discussion of an application submitted by John Hieronymus for a rezoning of 1.36 -acres of land located north of Muscatine Avenue and west of Scott Boulevard from Low Density Single - Family (RS -5) zone to Low Density Multi - Family (RM -12) zone and for a preliminary plat of Silver Slope, a 20 -lot, 12.14 acre residential subdivision. Miklo explained the street design changes between the current rezoning application and a previous one. He said the previous plan provide a loop street that would have connected back Planning and Zoning Commission June 5, 2014 Page 9 of 13 to Muscatine Avenue in the future. He said the current proposal moved the new street access to Scott Boulevard and ends with a cul -de -sac. He said the subdivision regulations generally discourage cul -de -sacs, but in this case the applicant wishes to set aside Outlot B to preserve trees and open space. He said staff is recommending approval subject to Lot 23 being graded to drain toward Muscatine Avenue and that would be a note that would have to be added to the plat before this goes to City Council. Freerks opened public discussion. John Hieronymus of 3322 Muscatine Avenue said this is a two -part development and they are happy to have staff support on this. Freerks closed public discussion. Eastham moved to recommend approval of REZ14- 00008, a rezoning of 1.36 acres from Low Density Single- Family (RS -5) to Low Density Multi - Family (RM -12) located at the northwest corner of Muscatine Avenue and Scott Boulevard and SUB14- 00008, a preliminary plat of Silver Slope, a 20 -lot approximately 12.14 acre residential subdivision at the same location subject to the storm water management drainage for Lot 23 being graded toward Muscatine Avenue. Swygard seconded. Freerks said the Commission usually doesn't like to see cul -de -sacs but it's okay occasionally for a reason such as the open space being proposed here. She said it's nice to see multi - family and single family here side by side, and is happy that the applicant wishes to retain a grove of trees on the property. A vote was taken and the motion carried 7 -0. Code Amendment Items Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article B, Minor Modifications, to allow archways and gates over 4 feet in height in required residential front yard setbacks to be approved administratively. Yapp explained that the current Code prohibits fences taller than four feet within the front yard setback. He said staff was recently approached by James Hayes regarding a proposal for an archway gate and fence to be installed in the front setback for properties on Burlington Street. He showed an image of what that archway and fence might look like. He said the purpose is to delineate and identify these properties as a cohesive area. He said the intent of the current four foot limitation is to maintain a pedestrian friendly street scape and prevent a stockade -like feel walking along the sidewalk. Staff reviewed this proposal and feels there are situations where the design of the fence could actually enhance and add to the street scape. Freerks asked about including the condition of using quality materials. Yapp said the definition of a quality material can be subjective. Yapp said a meeting for property owners within 200 feet would be part of the Minor Modification review process. Prepared by: Kirk Lehmann, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00008) ORDINANCE NO. AN ORDINANCE REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). (REZ14- 00008) WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property located at the northwest corner of Muscatine Avenue and Scott Boulev" from Low Density Single Family Residential (RS -5) to Low Density Multi - Family Residential (RM -12); and WHEREAS, this 1.36 acres is shown, in part, as the Terrence Lanp right -of -way adjacent to RM -12 zoned property, shown as Lots 20 -22 on the Terra Verde Final Plat; and WHEREAS, the �plicant has submitted a new preliminary plat that eliminates Terrence Lane, reconfigures the remai ng street, and incorporates this 1.36 acres into Pie adjacent RM -12 lots; and WHEREAS, Lots 20- 2, Terra Verde Subdivision, are subject to a Conditional Zoning Agreement recorded at Book 4723, Pa 906 -912, requiring that sidewalks be i stalled adjacent to Muscatine Avenue and Terrence Lane at the ti Terrence Lane was paved, and re iring that the multi - family buildings be constructed in substantial comp ' nce with a November 30, 2010 si plan and building elevations; and WHEREAS, this conditional zoh is vacated and a subsequent final p conditions regarding Terrance Lane; agreement shall be ame ded if and when the Terra Verde final plat is approved, to add this .36 acres thereto and reflect ttWchange in WHEREAS, the Planning and Zonin mmission recommended approval. \ NOW, THEREFORE, BE IT ORDAINED BY TH SECTION I APPROVAL. Property described Alow designation of Low Density Single Family Reside n al S 12): s reviewed the proposedIcIraaioniag and s UNCIL OF THE CITY OF IO ITvmoW,n is hereby reclassified fronf*s curWnt zoning •5) to Low Density Multi - Family Resik -htial (RM- Commenollng at the East Quarter Corner of 5actlan 1 . Tawaship 79 N Range 6 West, of the fifth Principal #terWon; Thence 5137'36'12 `W, along the South I" of the N east One- 4ivarter wW Section 13, a d1stanc a of 50,00 feat. to the POINT OF BElINNiNO; Thence aontinufing S67' 2 W. along acid SaM a. 340.00 f"t, to the Southeast comer of a Tract of torsd desarbad In the Warranty Dead, as ardsd In Book A1.i6. at 59, the Records of the Johnson County Recorder's Office; Thence NQ] ;30'tl]'W, a g the East line of said y Deed. and its Motherly extension thereof, 527.19 feat; Thatce tJ44 °52`;58 "E, 81143 fit; Thence S45f)7'02"E, 28,1 fret; Tt"cer 5outhsasteriy, 113.$6 feeet, abng an arc of a 150.00 foot radius curve, co cave Northeasterly, whose 164.12 t chard bears S78l rOO'E• Thence KorthsasteAy, 9ii.8T Tarsi, ofong an era of a 1 00 fact radius rxurve, concave Sou easistly, rtttose 68.30 foot chord boors N85'S2`d1"E Thence 576'4$ "58"f. 13.77 fast, to a potrs# on the west line of P "3` 04 the Ralston Creek South Property Acrlertlt Plat of Sur+ney, as reaar exi Mn Plat Banc 19, at Page 84, said Thence 5f11'34'41"f, gong mW West line, 33,19 feet, Thence W. 279.96 feet, Thence S01'SO'01'E 434. Thence N88'23'071% 274.96 feat, to a point on solo West the off `3 "; Thence S41'30'01`E, clang void West Ibe. 229 foal, to said POINT OF 8Et>�INNINO cantaErring 1.36 acres, more less, and subject is easements and reatricilans f record. SECTION II. ZONING MAP. he Building Inspector is hereby authorized and irected to change the zoning map of the City, Iowa ty, Iowa, to conform to this amendment upon the fi al passage, approval and publication of this ordinance y law. SECTION III. CERTIFICAMON AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorizfid and directed to certify a copy of this ordinance and to record the same, at the office of the County Req6rder of Johnson County, Iowa, at the owner's expense, all as pr8yided by law. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby r6pealed. 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. I 1�_ Ordinance No. Page 2 SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST 07 -15 -14 4f Prepared by: Planning Intern, Ashley Zitzner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ 14- 00007) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,000 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE AND LOCAL HISTORIC LANDMARK DESIGNATION LOCATED AT 203 N LINN ST. (REZ- 00007) WHEREAS, the applicant, Michael Hodge, has requested a rezoning of property located 203 N. Linn Street from Central Business Service Zone (CB -2) to Central Business Support Zone (CB -5) and local Historic Landmark designation ; and WHEREAS, the Comprehensive Plan indicates that development that is sensitive to the neighborhood's scale, history and architectural significance is encouraged in the Northside Market Place commercial area; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that if the existing building is destroyed, redevelopment of the property will follow the height standards for a CB -2 zone to assure that it is an appropriate scale for the Northside Market Place commercial area, 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 has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; and WHEREAS, the Historic Preservation Commission has determined that the property qualifies for designation as a local Historic Landmark due to its original use as the Bashnagel Bakery and representation of early commercial architecture. 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 Central Business Service District (CB -2) to Central Business Support District (CB -5) and designated as a local Historic Landmark: THE SOUTH 50' OF LOT 8 BLOCK 68 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. 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 , 2014. MAYOR ATTEST: CITY CLERK Appr ved by 2=� ill City Attorney's Office &/� ���� Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: Hayek, Mims, Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 07/15/2014 that the AYES: Throgmorton, Botchway, Dickens, Dobyns, Payne. NAYS: None. ABSENT: None. Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ14- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), HCB Properties, L C (hereinafter "Owner "). WHEREAS, the Owner is the legal title holder of approximately 4,000 square feet of property located at 203 N. Linn Street; and WHEREAS, the Owner has requested the rezoning of said property from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone and designation as a local Historic Landmark; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building scale, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, the Historic Preservation Commission has determined that the property qualifies for designation as a local Historic Landmark due to its original use as the Bashnagel Bakery and representation of early commercial architecture. 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 to assure that if the historic building is destroyed, the scale of development will be appropriate for the Northside Market Place commercial area; 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. HB Properties L C is the legal title holder of the property legally described as: THE SOUTH 50' OF LOT 8 BLOCK 68 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: ppdadm/agtkonditional zoning agreement- hisioric hodge.docconcRional -zonif g agreement:do:. In the event that the structure is damaged or destroyed by fire, explosion, as of God, or by a public enemy, and rehabilitation is not possible, any redevelopment of the property shall comply with the building height standards of the CB -2 zone, as set forth in the Iowa City Zoning Code, which may be amended. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 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 acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 12014. CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk By: Approved by: City Attorney's Office ppdadm /agt/conditlonal zoning agreement- hisicric hodge. docs ©nditional- aonng- agreament:doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2014 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HCB PROPERTIES ACKNOWLEDGMENT: State of �-A County of This record was acknowledged before me on --YtALti 1 S (Date) by K,' C54-e2,n FFrx,, , (Name(s) of individual(s) as 14-0 Q0 A--1 -k o f, (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). I ate, `,_ 5 Lt c±:J� Notary PublidZin and for the State,of Iowa WENDY S. MAYER oars Commission Number 728428 (Stamp or Seal) ' My Commission Expires Title (and Rank) L; «,tiS 5 P e- c-; ; My commission expires: ppdadm /agtkonditional zoning agreement- hisioric hodge.docconditional- zoning agreement:doc 3 STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo and Ashley Zitzner, Planning Intern Item: REZ14 -00007 203 N. Linn Street (Hodge Property) Date: June 19, 2014 GENERAL INFORMATION: Applicant: Michael Hodge 711 S. Gilbert St. Iowa City, IA 52240 Contact: Annie Seegmiller 319 -354 -2233 annie @hodgecompanies.com Requested Action: Rezone from Central Business Service Zone (CB -2) Zone to Central Business Support Zone (CB -5) and designation as a Historic Landmark Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: To allow a greater variety of commercial uses based on lower parking requirements in the CB -5 zone. 203 N. Linn Street 4,000 square feet First floor is vacant, the upper two floors are multi- family residential; CB -2 North: Commercial (CB -2) South: Commercial (CB -5) East: Commercial (CB -2) West: Commercial (CB -5) May 30, 2014 July 13, 2014 BACKGROUND INFORMATION: The applicant, Mike Hodge, is applying for a rezoning from CB -2, Central Business Service Zone, to CB -5, Central Business Support Zone, and Historic Landmark designation for a 4,000 square foot property located at the north west corner of the Market Street/ Linn Street intersection. The property is currently vacant on the first floor with rooming units and multi - family dwellings in the upper two floors. Until recently the first floor contained a bookstore. The existing building covers the entire property and there is no off - street parking provided. This makes the property non - conforming with regard to the current CB -2 zoning standards. Any commercial use of the first 2 floor would be limited to a use that requires no more than 13 parking spaces for which the property has non - conforming rights. The applicant indicates that the intent of the application is to allow greater flexibility to fill the vacant space on the first floor. Because the CB -5 zoning does not require parking for commercial uses, a greater variety of uses, including restaurants, would be allowed. To assure that the greater intensity of development allowed in the CB -5 zones does not encourage the replacement of the existing building, the request to rezone the property is accompanied by a request to designate the property as a Historic Landmark. ANALYSIS: Comprehensive Plan: The Central District Plan contains a section that discusses the Northside Marketplace Plan, which includes this property (see Central District Plan pages 55 -59). The plan notes a strong desire to maintain the historic main street character of the area and states that there is a concern that too much redevelopment or development at too large of or density could threaten the character of the neighborhood. The plan recommends development that is sensitive to the neighborhood's history and architectural significance. This property is noted as a Significant Historic Property on the Northside Market Place Plan Map. Based on these policies CB -5 zoning would only be appropriate if it is tied the Landmark designation, which the applicant has agreed to. Differences in land uses and allowable densities in the CB -2 and CB -5 zones: The current CB -2 zoning is intended to accommodate mixed land uses but at a lower intensity than permitted in the other central business zones. Both the CB -2 and CB -5 zones permit eating establishments, retail, or office uses. The CB -2 zone provisionally allows vehicle repair uses whereas the CB -5 does not. The CB -2 and CB -5 zones have similar allowable land uses but have very different allowable densities and permitted size of buildings. The significant differences between these two zones that affect building size and site design are the floor -to -area ratio (FAR), parking requirements, and the design standards in the CB -5 zone. The FAR in the CB -2 zone is 2.0. This means that the building can have a maximum of 2 square of floor area for each one square foot of lot area. The FAR for a CB -5 zone is a base of 3.0 with the potential for an FAR up to 5.0, if the property utilizes bonus provisions. The FAR of the building will not be an issue if the building is designated a Landmark. Any changes to the building that would result in an increased FAR will have to be approved by the Historic Preservation Commission and therefore concerns relating to alteration of the building would be mitigated with the landmark designation. Parking Requirements: The CB -2 zone requires more parking spaces for multi - family residential uses and for commercial uses than the CB -5 zone. The CB -5 zone does not have a minimum requirement for parking spaces for commercial uses. It does provide a maximum amount of parking spaces which is one parking space per 500 square feet. Changing the zoning of this property to CB -5 would therefore allow a greater variety of commercial uses. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission met on June 12, 2014 and conducted a public hearing where they reviewed and evaluated the historical significance of 203 N. Linn Street. The Commission determined that the property meets the requirements for a landmark and voted unanimously to recommend approval of the designation of 203 N. Linn Street as an Iowa City Historic Landmark. 3 Planning and Zoning Commission Review: Landmark designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relationship to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. There are two specific areas of the Comprehensive Plan that appear to apply to this proposal: 1) the Historic Preservation Plan as well as the Central District Plan pages 13 -22 and pages 55 -59. The Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past. The enclosed Iowa Site Inventory Form, prepared by Jan Olive Nash, Tallgrass Historians L.C., provides a detailed discussion of the building's history and architecture. Indications are that the building was constructed in 1872 with a significant addition in about 1895. Initially built as a bakery by Alois Bashnagel, a German immigrant, it later housed a variety of commercial uses, including restaurants and a hotel. As noted, the Historic Preservation Commission has determined that it qualifies for designation as a Landmark. Summary: The lowered parking standards of a CB -5 zone from the CB -2 zone encourage pedestrian- oriented development which maintains the historic main street character of the Northside Marketplace. The increase in FAR from a CB -2 to CB -5 zone is a concern and could impact the historical building. The Landmark designation at the same time as the rezoning of the property to CB -5 will help to preserve the building. STAFF RECOMMENDATION: Staff recommends that REZ14 -00007 a request for a rezoning from CB -2, Central Business Services Zone, to CB -5, Central Business Support Zone, and the designation as a Historic Landmark for a 4,000 square foot property located at 203 North Linn Street, be approved, ATTACHMENTS: 1. Location Map 2. Iowa Site Inventory Approved by: John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services ppdadmin\sttreptdocument1 Site Inventory Form State Inventory No. 52 -02166 ❑ New ® Supplemental State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.) (November 2005) Relationship: ❑ Contributing ❑ Noncontributing ❑ Contributes to a potential district with yet unknown boundaries National Register Status:(any that apply) ❑ Listed ❑ De- listed ❑ NHL ❑ DOE 9 -Digit SHPO Review & Compliance (R &C) Number ❑ Non - Extant (enter year) 1. Name of Property historic name Bashnagel, Alois, Bakery other names /site number Union Bakery, Union Hall, Central Hotel 2. Location street & number 203 N. Linn city or town Iowa City ❑ vicinity, county Johnson Legal Description: (If Rural) Township Name Township No. Range No. Section Quarter of Quarter (If Urban) Subdivision Original Town Block(s) 68 Lot(s) 8, S50' 3. State /Federal Agency Certification [Skip this Section] 4. National Park Service Certification [Skip this Section] 5. Classification Category of Property (Check only one box) ® building(s) ❑ district ❑ site ❑ structure ❑ object If Non - Eligible Property Enter number of: If Eligible Property, enter number of. Contributing Noncontributing 1 — buildings — buildings _ sites _ _ sites _ structures _ _ structures objects _ _ objects Total 1 0 Total Name of related project report or multiple property study (Enter "N /A" if the property is not part of a multiple property examination). Title Historical Architectural Data Base Number n/a n/a 6. Function or Use Historic Functions (Enter categories from instructions) 02E02 Bakery or Confectionery 01B Domestictmultiple dwelling 01 D04 Transitory Housing /hotel Current Functions (Enter categories from instructions) 011302 Apartment Building 70 Vacant/Not in Use 7. Description Architectural Classification (Enter categories from instructions) Materials (Enter categories from instructions) 01 No Style 04A Mid -19th Century /Greek Revival foundation 04 STONE walls (visible material) 03 BRICK roof other 13 GLASS Narrative Description (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 8. Statement of Significance Applicable National Register Criteria (Mark `x° representing your opinion of eligibility after applying relevant National Register criteria) ® Yes ❑ No ❑ More Research Recommended A Property is associated with significant events. ❑ Yes ❑ No ❑ More Research Recommended B Property is associated with the lives of significant persons. ® Yes ❑ No ❑ More Research Recommended C Property has distinctive architectural characteristics. ❑ Yes ❑ No ❑ More Research Recommended D Property yields significant information in archaeology or history. County Johnson Address N. Linn City Iowa City Criteria Considerations ❑ A Owned by a religious institution or used for religious purposes. ❑ B Removed from its original location. ❑ C A birthplace or grave. ❑ D A cemetery Site Number 52 -02166 District Number ❑ E A reconstructed building, object, or structure. ❑ F A commemorative property. ❑ G Less than 50 years of age or achieved significance within the past 50 years. Areas of Significance (Enter categories from instructions) 29 SOCIAL HISTORY 2 ARCHITECTURE Significant Person (Complete if National Register Criterion B is marked above) Significant Dates Construction date 1872 ® check if circa or estimated date Other dates, including renovation c. 1895 Architect/Builder Architect Builder Narrative Statement of Significance (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 9. Major Bibliographical References Bibliography ® See continuation sheet for citations of the books, articles, and other sources used in preparing this form 10. Geographic Data UTM References (OPTIONAL) Zone Easting Northing Zone Easting Northing 1 — 2 _ 3 4 ❑ See continuation sheet for additional UTM references or comments 11. Form Prepared By name /title Jan Olive Full organization Tallgrass Historians L.C. date 5/2014 street & number 2460 S. Riverside Dr. telephone 319 - 354 -6722 city or town Iowa City state IA zip code 52246 ADDITIONAL DOCUMENTATION (Submit the following items with the completed form) FOR ALL PROPERTIES Map: showing the property's location in a town /city or township. Site plan: showing position of buildings and structures on the site in relation to public road(s). Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society is to be curator of the negatives or color slides, a photo /catalog sheet needs to be included with the negatives /slides and the following needs to be provided below on this particular inventory site: Roll /slide sheet # Frame /slot # Date Taken Roll /slide sheet # Frame /slot # Date Taken Roll /slide sheet # Frame /slot # Date Taken ❑ See continuation sheet or attached photo & slide catalog sheet for list of photo roll or slide entries. ❑ Photos /illustrations without negatives are also in this site inventory file. FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1. Farmstead & District: (List of structures and buildings, known or estimated year built, and contributing or noncontributing status) 2. Barn: a. A sketch of the frame/truss configuration in the form of drawing a typical middle bent of the bam. b. A photograph of the loft showing the frame configuration along one side. c. A sketch floor Dian of the interior space arranaements alona with the bam's exterior dimensions in feet. State Historic Preservation Office (SHPO) Use Only Below This Line Concur with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More Research Recommended ❑ This is a locally designated property or part of a locally designated district. Comments: Evaluated by (name/title): Date: Iowa Department of Cultural airs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Page 1 Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City 7. Narrative: Physical Description Neighborhood: This large, brick nineteenth - century building is located within a neighborhood commercial district locally known as the north side commercial marketplace district. The district —a secondary commercial node several blocks from the town's primarily historic shopping center —is recognized for its long and historic association with Iowa City's north side neighborhood, which includes the residential quarters of many university students. Smaller shop buildings complete the block in which the Bashnagel building sits. Construction dates for these immediate neighbors range from the late nineteenth century to one currently under construction. While the neighborhood may have potential historic district eligibility, it is not listed in the National Register of Historic Places. Historically, by the 1890s a neighborhood fire house (nonextant) across Linn Street to the east had joined the shops and dwellings as Bashnagel's neighbor. The Alert Hose Company's fire house operated with one horse and a single hose wagon. Meat markets, a cobbler, a tin shop, and other small businesses eventually infilled the empty lots and replaced the older dwelling houses in this block along side Bashnagel's big brick building. But the most influential commercial activity of the neighborhood had long been the presence of three large breweries, all operating by 1883, the date of the first available Sanborn fire insurance map. Based on this Sanborn map, the Great Western Brewery occupied much of the south half of the city block to the east of Bashnagel's building and included a large hipped -roof ice house, several malt houses, a clock tower to call employees to work, a cooler, and an attached saloon that had its own "ladies room" for the discrete female patron. Today a large open parking lot occupies most of the footprint of the brewery facility. Across Market Street from the Great Western Brewery, to the south, was the City Brewery operated by J.J. Englert. A smaller operation, the facility still included the essential malt house, ice house, and a saloon on the ground floor of Englert's residential quarters. Today, a 1960s office building and a large parking lot occupy the space used by Englert. Finally, to the west of City Brewery, occupying the entire southwest corner of the intersection of N. Linn and E. Market, and much of the north half of its city block, was the Union Brewery operated by Conrad Graf. This brewery was as large, physically, if not larger than the Great Western Brewery but was not as compact, instead sprawling across more of its city block. Its big ice house was along the alley, nearer Dubuque Street than Linn Street, while wood sheds and storage sheds extended south from the main building to attach to a stable. The absence of a saloon noted on the 1883 Sanborn does not eliminate the possibility there was one under the roof of the main building, which survives today and is commonly referred to as Brewery Square (NRHP listed in 1986 as Union Brewery). This significant neighborhood building constitutes the last survivor of a property type that was critical to the development of the north side commercial neighborhood. Below grade, a network of tunnels between these breweries is known to exist and is currently being studied by local scholars. A tunnel between the Bashnagel building and Union Brewery is possible but has not been investigated for this study. There are no current openings in the Bashnagel basement. Common features of the Bashnagel Bakery Building: Constructed in two main stages, purportedly between 1872 and about 1895, the building occupies the south 50 feet of lot 8 of block 68 in the original town plat, and is located at the northwest corner of the busy intersection of N. Linn and E. Market Streets. The building is three stories tall with red brick walls that rest on a rubble limestone foundation (visible from within the basement but covered with concrete pargeting on the exterior). Bricks are laid up with gray mortar in a common bond pattern. Star - shaped anchor bolts (reflecting interior tie rods) are Iowa Department of Cultural Wirs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Page 2 Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City present on all four building exterior walls, between both the ground and second, and second and third, floors, with the greatest number visible along the Market Street/south elevation. These anchor bolts were certainly needed because of the constructions stages of the building (see Sanborn images toward the end of this form). The initial three floors of the earliest building did not extend to the rear of the present building. Instead a one -story wing was present at the west end. In the early 1890s, when the north building section was built, two more floors also were added to the one -story wing behind the original building. A decorative cornice system that incorporates a rain gutter is present at the roofline of the south and east elevations. This feature, portions of which may be modern, is compatible with the historic nature of the building. The roof is not visible from the sidewalk, but from a distance one can see that the south bay (the oldest section) has a shallow - pitched gabled or hipped roof, while the north bay has a flat roof. Windows throughout are largely one - over -one double hung sashes, certainly replacements, set in wood frames. Depending on the age of the building, the original sashes were likely either six - over -six or two - over -two. Public Elevations (Linn and Market Streets): Fenestration on the east elevation ground floor consists of large display windows set between brick pilasters with stone bases and caps. On the south elevation ground floor, fenestration includes several double and single doors, and one window. Brick variations toward the southeast corner of the building, where the main entrance is located, indicate similar large display windows were once present on this south elevation also but are now infilled. Window openings on the public elevations are large, rigidly balanced on the upper floors, and quite numerous for a building this old. The east Linn Street elevation has three window openings in each of the two construction vintages: three in the oldest corner building bay (1870s) and three in the north building bay from the early 1890s. The long, south Market Street elevation has seven window openings in the upper floors of the original part. and four in the upper two floors that were added to the west end of the building in the 1890s. Window openings on the upper two floors, regardless of age or east or south location, are trimmed with prominent limestone lintels and thinner limestone sills. The building's main entrance at the southeast corner is inset in an open alcove behind the structure's corner brick pier, elevated slightly, and accessed from either Linn or Market streets by rounded concrete steps. A wide band or belt course of concrete pargeting across the top of the ground floor across the entire length of the east elevation and part of south elevation covers a structural (wood ?) beam that supports these large ground -floor openings. A metal fire escape is located toward the center of the east elevation. West Elevation (overlooks a narrow private alleyway): Unlike the uniform placement of the public elevations' fenestration, openings on this west alley wall are irregularly placed, especially at ground level where there is also a doorway and one or two infilled openings. Sills are stone similar to the window sills on the public elevations, but headers are brick and laid up in two rows to form segmental arches. A metal fire escape and a large HVAC unit are located on this wall. A chimney stack protrudes from the roofline near this wall. Iowa Department of Cultural Wirs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Page 3 Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City North Elevation (adiacent to a smaller neighboring building): The ground floor of this last elevation is obscured by the neighboring building. The upper floors are painted in a light color and have paired windows under brick segmental arches except near the west alley where they are single windows. Sills are painted but probably of the same limestone as elsewhere. An exterior brick chimney is attached to the side of this wall and the roof profile visible here is slightly pitched from the center down toward both the east and west walls for rain drainage. Interior: The upper floors are rented as multiple- tenant residential quarters. Stairway access is contained within inset alcove at the west end of the building along Market Street. The ground floor has long served as retail space but is currently vacant. From inside the front entrance, the space is open nearly to the west end of the building except for a row of metal upright supports that were needed when the load bearing brick wall was removed. (This would have been the former exterior north wall of the original section of the building.) Finishes are mostly modern or from the middle of the last century. Portions of the perimeter walls are exposed to the brick. At the southwest corner of the building is a large storage room with a poured concrete floor, and walls and ceiling clad in bead -board wood paneling. The floor level here is slightly higher than the floor level of the rest of the ground floor, necessitating a slight ramp up to the store room. A small modern restroom is located in the west center of the ground floor and the underside of the stairway to the upper floors occupies headspace in the northwest corner of the ground floor. Architectural Styling: This building is primarily a utilitarian commercial building but has lines suggesting a construction date much older than the 1872 date attributed to it (see prior site inventory forms on file with the State Historical Society of Iowa). Its symmetry, balance, and lack of curving lines or details are much more consistent with mid -1800s architectural styles like Greek Revival, than with buildings from the last quarter of the nineteenth century. These later buildings became more embellished as the century wore on. A number of the earliest attached brick store buildings in Iowa City's primary commercial district, especially along Clinton Street facing the capitol building, had similar lines and materials. (See, for example, the historic photos at pages 202 and 203 of Gerald Mansheim's Iowa City, An Illustrated History.) Also, the designer /builder /mason of the Bashnagel bakery building made clear aesthetic choices in the use of the visually- strong limestone lintels on the public elevations, while switching to the brick segmental arches for the secondary elevations. These choices were then carried through to the building's second stage in the 1890s, making for a uniform final appearance. History: German immigrant Alois Bashnagel is thought to be responsible for construction of this large building. When Bashnagel died in 1912 at the age of 76, his obituary referred to him as a "pioneer baker" and indicated he had arrived in the town in 1862. This is consistent with federal census records, which specify he immigrated in 1862. City directory entries from 1868 reveal that Bashnagel was already operating his bakery from the corner of Linn and Market streets by that time, and also kept his residence in the same building. This by no means proves the referenced building was the extant red brick building, but it does suggest that an earlier construction date is quite possible. The 1875 directory entry for Bashnagel is identical to the 1868 entry with the addition of confectionaries (sweet foodstuffs) as another product type sold by Bashnagel. Three years later, in 1878, Bashnagel was successful enough to be operating two bakeries at the same time, the one in this brick building, by then called the Union Bakery, and a second bakery and restaurant —the Centennial —on the south side of Iowa Avenue AWA Iowa Department of Cultural irs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City between Clinton and Dubuque streets. Bashnagel's short (and no doubt paid) commercial paragraph in this 1878 city directory read: Bread is the staff of life, and all who desire to procure good, wholesome bread, cakes, crackers, etc., should patronize Mr. A. Bashnagle [sic]. The trade carried on by this baker is so extensive that he is obliged to occupy two bakeries and employ a large number of hands. He keeps a choice stock of fancy groceries, fruits, etc. (Owen's Iowa City Directory, 1878 [State Historical Society of Iowa Collection]). Bashnagel was retired by 1904 but he and his family, including his wife Catherine, a French immigrant, continued to live down the street at 424 E. Market. The bakery business had been sold to a larger company, a wholesale grocery business called Hummer Mercantile Company. George Hummer was another pioneer who arrived in town in 1858 and was clearly an enthusiastic entrepreneur by the time he acquired Bashnagel's bakery business. The Union Bakery under this new ownership was described in 1908 as follows: Another branch of the business is the Union Bakery Co., an incorporated company, the stock of which is owned by the Hummer Mercantile company [sic]. The building is located on Market and North Linn streets, and is 45 by 70, three stories and a basement, all but the upper floor being occupied by the baker. Six persons are employed here turning out bread, buns, cakes and all fresh bakery products, which are handled by local bakers in Iowa City and in a great many towns in this part of the state. The company has a real shop in the building, but does not run a wagon in the city (Iowa City Citizen, 4/29/1908). Union Bakery officials claimed the bakery's market territory was the fifty miles surrounding Iowa City, clearly indicating the business had grown under Hummer's influence into a bakery wholesaler rather than the neighborhood bakery it started out as decades earlier (ad, The Iowa City Citizen, 7/27/1908). The reference to using all but the top floor for bakery purposes in 1908 calls into question the accuracy of Sanborn fire insurance maps from this time period, which uniformly record the second and third floor functions as "furnished rooms" (1899, 1906, 1912). Whether or not the Sanborn maps are entirely accurate, the practice of renting furnished rooms has been attributed, at least in part, to the transient population of college students in this area of town. However, the size of the building seems large for the available number of student lodgers for most of the building's existence. Even in 1890, there were only 887 students in total, up from 523 in 1871 and 560 in 1881 (Persons, The University of Iowa, 12). Notwithstanding current conditions with respect to students and alcohol consumption, the Bashnagel building was in the heart of the city's brewery district in the nineteenth century, when university officials and students alike were relatively conservative (Persons, 8 -9). Proximity to these industries may have discouraged student lodgers from renting a room in a building essentially ringed by breweries and the saloons they kept. It is just as likely that the vigorous downtown commercial district just a two blocks to the south generated a growing number of white - collar workers — store clerks, bookkeepers, office workers— who needed nearby housing. Iowa Department of Cultural Oirs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Pape 5 Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City By 1924, the building's commercial occupant and perhaps its ownership had significantly changed. It was now called the Central Hotel and offered both rooms and "housekeeping rooms" for rent; the latter presumably included the sort of room service available in long -term "residential" hotels (Paul Groth, Living Downtown, chapter 1). Perhaps the distinction was simply one determined by length of stay with the housekeeping rooms having more facilities for long -term renters. The business also continued to include a restaurant in the ground floor north bay, which likely had its own operator separate from the lodging manager. Central Hotel also offered a large ground floor storeroom for rent (20 by 30 feet), about the size of the existing west end room on the south bay (Iowa City Press - Citizen, 11/22, 11/24/1924; Sanborn fire insurance map, 1926). In 1925, the hotel advertised itself as "completely remodeled and redecorated" and extended an invitation to the "dining room to the public" (Iowa City Press - Citizen, 4/29/1925). The building was again remodeled in the late 1940s and this is when the interior load- bearing ground floor wall between the two bays was removed and replaced by the extant steel posts and beam (Iowa Site Inventory form, undated but c. early 1980s, no sources listed). Additional uses recorded on the previously mentioned 1980s Iowa Site Inventory form include: the Frisbie and Co. Restaurant in 1897 -98 run by Anna Frisbie and Mrs. Mary Fitzpatrick; the Continental Restaurant in 1899 and 1901 -02 run by Mrs. Mary Fitzpatrick; and a tavern operated by Don C. Alberhasky in the south half in 1946. A photo on the site form shows that Sutton TV occupied the ground floor retail space at the time. Integrity: The building has changed little in the nearly twenty years since the late 1990s when Iowa architectural historian Molly Myers Naumann opined that the alterations to the ground floor display window and front entrance "are not intrusive and the building retains a high level of integrity" (Iowa Site Inventory form, 1996). The character defining features of this building are its north side location, imposing size and scale, massive red brick walls, and repetitive fenestration pattern on the upper floors punctuated by prominent limestone headers. While re- establishing a more historically appropriate muntin pattern for the upper floor windows would improve the integrity overall, the single -light windows have been present for decades and do not diminish the visual impact of these windows. 8. Significance: This building qualifies as a local landmark and is significant to Iowa City history and architecture for its ability to represent and reflect a number of things. First, the building reflects the successful entrepreneurial efforts of one of Iowa City's early businessmen, one of the many German immigrants who came to town to establish a new life in a young but growing Midwest community. Further, the building illustrates the history of the building zone just outside the town's primary shopping district, a diverse zone that mingled commerce, industry, and residential activities. This north side neighborhood combined robust brewery operations with dwellings, churches, and a plethora of small shops that supplied the full array of foodstuffs, goods, and services needed primarily within the neighborhood. Most of the brewery buildings are long gone and few onlookers today could realize the extent to which the industry dominated the physical landscape of these blocks or appreciate the history behind the large open lots their removal left behind. The Bashnagel bakery building and its neighbor, the Union Brewery, together illustrate how diverse neighborhoods could be during the period in which the town was a "walking city" for its residents and workers. Finally, the building is architecturally significant as an uncommon mid - nineteenth century commercial building of substantial size. Most of Iowa City's Iowa Department of Cultural Wrs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Page 6 Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City buildings that were built in the mid - nineteenth century and survive today are either residences (Plum Grove, Rose Hill on East Davenport, William Crum House on Iowa Avenue, for example), or were commercial buildings that have been heavily altered, as the few survivors along Clinton Street attest. The Bashnagel bakery building, on the other hand, maintains its integrity and historic appearance to a degree that enables even the most naive of passersby to appreciate it as a historic building. 9. Major Bibliographical References Sources cited in the text Field inspection and photography, April 2014 Groth, Paul. Living Downtown: The History of Residential Hotels in the United States. Berkeley: University of California Press, 1994. Iowa City city assessor online records Mansheim, Gerald. Iowa City, An Illustrated History. Norfolk, VA: The Donning Company /Publishers, 1989. Persons, Stow. The University of Iowa in the Twentieth Century, An Institutional History. Iowa City: University of Iowa Press, 1990). Iowa Department of Cultural R -.irs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Site Number 52 -02166 Related District Number Bashnaoel Alois Bakery Johnson Name of Property County Address 10. Additional Documentation & Photos E MARKET ST so- b• (City map and Sketch map) NT E MARKET S Approximate location of building (Iowa DOT, 2014) Iding lot (Iowa City Assessor, 2014) Iowa Department of Cultural Qrs State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Bashnaoel Alois Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City TOP: Wide south and narrow east elevations, looking northwest. BOTTOM: South elevation and west (alley) rear elevation. Iowa Department of Cultural Ars State Historical Society of Iowa Site Number 52 -02166 Iowa Site Inventory Form Related District Number Continuation Sheet Bashnaoel Alois Bakery Johnson Name of Property County 203 N Linn Iowa City Address City TOP: North elevation (painted white) and partial view of west rear wall. Ground floor is obscured by adjacent neighboring building. BOTTOM: North side wall (painted) and east elevation. Iowa Department of Cultural Oirs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 10 E Site Number 52 -02166 Related District Number Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City Sanborn fire insurance map, 1883 r r Q .'f r 1� J f now J tx t V y�� T• � 's � � 1 A0, ♦ f'Y �+ 1 .rte ;aa.• V= \ / pRe,1 j-VOi T6AN M fws.rH.lkr rr• � .MnW.rrs •N �..s . fw{i. +tiw.ft Arrr�rNY• w.trpw /+t�•..+s1 a19Y /'��+yNi MYR • Ar+, trAM y W •r JR wWw i.r AZ 14v�rre d AMM V f _ NIAf ��o A ✓so BELOW: Detail of the building noted as "BAKERY." It is three stories with only a one -story rear section. This is the southern bay on the corner only, with an empty lot to the north. The writing in the bottom left corner appears to say " oven in bsmt". c'5/ UL.,y, /TYBilElY6iP ;�r w � I .t y.ewn•wrww war tlwr, �.r,.,,,, arti...w Mawfw► 1 �`N_ Cam+.. .tdN• �,( iY1M'� M.tlp c' MI�'sM. �M. /M.rM N %Mn1 .s"+M.w/lI .rs//,�{rgpr .► Jrr� .iN. �►tw..r !yr.r M ir..rIrwr r.. er w4. BELOW: Detail of the building noted as "BAKERY." It is three stories with only a one -story rear section. This is the southern bay on the corner only, with an empty lot to the north. The writing in the bottom left corner appears to say " oven in bsmt". c'5/ Iowa Department of Cultural airs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Ln Site Number 52 -02166 Related District Number Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City Sanborn fire insurance map, 1888 V4_1_9 I� MARKET ii...s i.aZ i � r TS S, -+9 +� F i fIF L�f► {. VL �4 L• e.'� -� °�IWi Ai'1.t72'.i'!."!"SY ' d L!►'� i i i i A nw1 Sjlr � .!�►,�ts r BELOW: Detail of the building marked "BAKERY CONFECT'Y." It remains similar to the 1883 Sanborn, three stories with only a one -story rear section; the southern bay on the corner only, with an empty lot to the north. The notation in the lower left reads "OVEN IN BST." T1 t /,P.i X fir+ Y I O i- [�.i+fECTr �s�!►s Iowa Department of Cultural Amirs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 12 Site Number 52 -02166 Related District Number Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City Sanborn fire insurance map, 1892 1k ao — \_a) __4__ ,w, Ai w NNW .:.M.. P J � av c/: BELOW: Detail of the building marked "BAKERY." It remains similar to the 1883 and 1888 Sanboms, three stories with only a one -story rear section; the southern bay on the corner only, with an empty lot to the north. The oven in the basement appears to have neen moved to the north basement wall. The ground floor is divided into smaller units. 1k 7. / &• .► Iowa Department of Cultural airs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 13 Site Number 52 -02166 Related District Number Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City Sanborn fire insurance map, 1899 (Sanboms in 1906, 1912, and 1920 shown no changes from this 1899 image) r w as 1 Y t 1 1 1 f 1 1 r r i 1 ■ 1 AARKET 14V LIE FS 1 + E}P I • 1 1 xe t M 1 BELOW: Detail of the expanded building marked "BAKERY" in the original corner bay and "REST." in anew northern bay that doubled the size of the building to what it is today. The rear one -story wing on the original bay has had two vertical floors added also. Markings include "Furnished Rms 2nd & 3rd," and the oven is now shown on the first floor of the original southern bay. Finally, the new gable roof on the original bay, necessitated by building up the west end, is now shown. a , f I. D. fl. 7 UIt Iowa Department of Cultural Qrs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 14 C Site Number 52 -02166 Related District Number Bashnagel, Alois, Bakery Johnson Name of Property County 203 N. Linn Iowa City Address City Sanborn fire insurance map, 1920 oK i !e r r • &V 1 A BELOW: Detail of the building as it exists today but with major function changes. It is now marked "CENTRAL HOTEL" and the notations related to a bakery with oven are gone. The only notation for the original south bay is now "S" for store. This notation more likely reflects changes in mapmaker procedures rather than a change in the tenant of this space. r as ws �s r •wwwa ��� w r r • &V 1 A BELOW: Detail of the building as it exists today but with major function changes. It is now marked "CENTRAL HOTEL" and the notations related to a bakery with oven are gone. The only notation for the original south bay is now "S" for store. This notation more likely reflects changes in mapmaker procedures rather than a change in the tenant of this space. From: OfAmb Nevan <sivan.neville @gmail.com> Sent: Thursday, June 19, 2014 5:20 PM To: PlanningZoningPublic Subject: 203 N. Linn Street I support any changes that allow the owners to build as high as possible, as taller buildings are more environmentally sound, higher density supports small businesses and keeps the neighborhood lively and competitive with other developing neighborhoods. Ofer Sivan 206 N. Linn St & 801 Brown St. From: Cole, Catherine A <cathy -cole @uiowa.edu> Sent: Thursday, June 19, 2014 10:28 AM To: Plan ningZoningPublic Subject: Rezone 203 N. Linn Street I oppose the rezoning of 203 N. Linn Street from CB -2 to CB -5. I support the local landmark status designation for the building. I live at 603 Brown Street and want to support the family atmosphere of the Northside neighborhood. Under CB -5 zoning a 75 ft tall 6 -story building could be built in the space if the 203 N. Linn Street building were to be destroyed by fire, toronado or become structurally unsound. Such a tall building would cast a shadow across the neighborhood and remove a buffer zone between the neighborhood and downtown. Cathy Cole 603 Brown Street Iowa City, Iowa 52245 r- From: Beth Rapson <elizabethrapson @gmail.com> Sent: Thursday, June 19, 2014 10:31 AM To: PlanningZoningPublic Subject: 203 N. Linn Street 1J To Planning and Zoning Committee: We have lived on the Northside of Iowa city since 1993. It has been our delight to watch the Northside Neighborhood and more recently the Northside Market area come alive again with property owners committed to restoring and reinvigorating this area of town. Our hearts sunk when we saw the proposal to change the zoning for the area of 203 N. Linn from CB -2 to CB- 5. After so much hard work to keep the new building going up around the corner at Linn and Bloomington moderate in scale .... why would you let this HISTORIC BEAUTY be destroyed and replaced by something 75' high. It would not only mean the destruction of a lovely old piece of Iowa City history but would also destroy the whole quaint feel of the Northside Market area. Surely, if parking constraints are motivating the property owners to apply for a zoning change, then some creative alternative can be developed. Shuttle service to parking, "walk to" initiatives .... if we are truly looking FORWARD then we need to be thinking about more sustainable development... preserve, restore, re- imagine. Enough is enough! It's time to think about ALL the citizens (the Northsiders who frequent and support the businesses in that area and future generations who will benefit from the preservation of Iowa City's HISTORIC Northside Market area). Concerned, Beth & John Rapson Please note that my e-mail address has changed to: elizabethrapson@gmall.com REMEMBER TO VOTEI From: Laurel Farrin <lafarrin @g mail. com> Sent: Thursday, June 19, 2014 10:56 AM To: Plan ningZoningPublic Subject: 203 N Linn st Dear Committee, As a single home property owner on the Northside, I value the beautiful old, original commercial buildings that make up our neighborhood. It's the reason so many of us choose to live in the neighborhood. 203 N Linn is such a building and it would be devastating to see a 75 foot new structure stamp it out. ( re zoning to CB5) The Northside is a pedestrian friendly and forward thinking place that encourages alternate forms of transportation ( not cars) and does not need more parking to ensure the success of a business in the building. Please consider a waiver for the additional parking requirement for a restaurant or other business and protect this building by NOT rezoning to CB5. Sincerely Laurel Farrin 409 Ronalds St Iowa City, IA Armond Pagliai A & A Pagliai's Pizza 302 E Bloomington St Iowa City, IA 52245 June 3, 2014 City of Iowa City 410 E Washington St Iowa City, IA 52240 To whom it may concern: As a long -time business owner on the Northside, I am in support of the rezoning and historic designation of 203 N. Linn St. I believe that these actions will promote vibrancy and activity in the area and be a benefit to everyone in the neighborhood. Historic designation of the building will help to preserve the character of the neighborhood for generations to come. Thank you, Armond Pagliai Anne Vespa Heritage Property Management 220 E Market St. Iowa City, IA 52245 June 19, 2014 City of Iowa City 410 E Washington St Iowa City, IA 52240 To whom it may concern: I am in support of the historic designation and rezoning of 203 N. Linn St. The building at 203 N. Linn is an important piece of the historic character of this neighborhood and something of an Iowa City landmark. 1 understand that the Historic Designation in conjunction with the rezoning will preserve this beautiful building, while increasing the variety of future tenants. I think this decision is beneficial to the entire Northside community. Thank you, Zx�� d-A-4-f 4-1- Anne Vespa Brian Flynn Brix Cheese Shop & Wine Bar 203 N Linn St. Iowa City, IA 5224 June 18, 2014 City of Iowa City 410 E Washington St Iowa City, IA 52240 To whom it may concern: As co -owner of Brix Cheese Shop & Wine Bar, I am in support of the historic designation and rezoning from CB2 to CB5 of 203 N. Linn St. I understand that the historic designation is happening in conjunction with the rezoning to preserve this important landmark building while creating a wider opportunity for future tenants. Encouraging stable long -term tenants in that building adds to the vitality of the Northside neighborhood and ultimately benefits all business owners in the area. Thank you, Brian Flynn Central State Bank Central State Bank 202 N. Linn St Iowa City, IA 52245 June 19, 2014 City of Iowa City 410 E Washington St Iowa City, IA 52240 To whom it may concern: I support the historic designation and rezoning of 203 N. Linn St, Increased and sustained commercial activity in the area helps promote a more vibrant community. I believe changing the zoning and the accompanying parking requirement reduction will encourage they type of business that will support this vision. Thank you, i > f Elkader 563 -245 -2110 - Coralville 319-625-2050 -Iowa City 319-625-2181 FDIC McGregor 563-873-3425 -Marquette 563- 873 -3553 W.h Volga 563 - 767 -2575 Walford 319 - 846 -2650 From: Tim Weitzel <tweitzel.email @gmail.com> Sent: Tuesday, June 17, 2014 10:04 AM To: Bob Miklo Subject: REZ14 -00007 I am writing to encourage the members of the Planning and Zoning Commission to recommend approval of this application to City Council along with a recommendation to designate the Bashnagel Bakery building, 203 N. Linn Street, as an Iowa City Landmark. As an Architectural Historian and Historian, I recommend this action to ensure preservation of this historic building take place as well as to further goals of residential housing in the Central Business District and maintaining a main street feel to the North Marketplace area. This action is an excellent example of New Urbanism, preservation, and economic development. Tim Weitzel From: Dan Cummins <cummins4dp @gmail.com> Sent: Thursday, June 19, 2014 2:55 PM To: PlanningZoningPublic; DP Cummins Subject: Re- zoning 203 N. Linn I understand that tonight (June 18) the Planning and Zoning will be considering a request to rezone 203 N. Linn from CB -2 to CB -5 as well as a request to make 203 N Linn a local landmark. First, we absolutely support the proposed local landmark designation. This building sits at a key transitional point into the Northside and therefore it is important to retain the historical commercial buildings that make up the look and feel of our neighborhood. Second, it appears from the application that the primary reason for requesting the zoning change is more flexibility in meeting the parking requirement. Given that there are some risks in moving from CB -2 to CB- 5(floor to area ratio, etc), we would like to suggest that a waiver to the parking requirement be issued in conjunction with approval of the building as a local landmark. In this way we retain a historical building but also provide flexibility for a developer to establish a successful business that is consistent with the overall Northside Marketplace. Thank you, Dan and Laurie Cummins 12 Bella Vista Place Planning and Zoning Commission June 19, 2014 Page 6 of 8 A vote was taken and the motion carried 4 -2 with Thomas and Swygard opposed. REZ14 -00007 Discussion of an application submitted by Michael Hodge for a rezoning of approximately 4000 square feet of property from Central Business Service (CB -2) zone to Central Business support (CB -5) zone and Local Landmark Designation at 203 N. Linn Street. Miklo showed the subject property on the zoning map and from an aerial view. He said what is motivating this application is that the property is nonconforming in both zones in terms of parking requirements. He said the property has grandfathered rights for thirteen off - street parking spaces which would allow retail or office type uses but would not allow restaurant type uses. He said the applicant has requested the new zoning because the CB -5 zone does not require parking for commercial spaces, but does require parking for residential spaces on the upper floors. Miklo said the applicant has also requested Local Landmark Designation, meaning that the building would be protected unless the Historic Preservation Commission approved its removal. He said because of concerns raised by the community about a larger building being developed on this site should the current building be destroyed by natural disaster, the applicant has agreed to a Conditional Zoning Agreement (CZA) that would limit the scale of the building to the current zoning in terms of C13-2. He said if the subject property is zoned C13-5 with the Landmark status and the CZA the building could only be rebuilt to the C13-2 standards. Miklo said the applicant has also agreed to place a condition on the rezoning that would go with the property should it be sold that would limit redevelopment to the C13-2 standards in terms of height. Miklo said the Comprehensive Plan clearly calls for preservation of historic buildings in this area. Dyer said preserving this building is a wonderful idea. Eastham opened public discussion. Mike Hodge, the owner of the building, gave a history of its uses and said he shares the sentiment of the neighborhood to be a historic neighborhood with a vibrant commercial area. Sarah Clark from the Northside Neighborhood Association said due to complications in communications, the neighborhood became aware of this application only at the last minute. She asked if the CZA will go with this property in perpetuity. Miklo said it will unless the City Council removes it. Eastham closed public discussion. Dyer moved to recommend approval of REZ14- 00007, an application for a rezoning from Central Business Service (CB -2) zone to Central Business Support (CB -5) and for the building's designation as a Historic Landmark subject to a Conditional Zoning Agreement on the CB -2 height regulations at 203 N. Linn Street. Swygard seconded. Planning and Zoning Commission June 19, 2014 Page 7 of 8 Martin said she would like to see this application deferred in order to hear what the neighborhood has to say about it. She cited a previous application where the property had a CZA that wasn't upheld until the new owners wanted to improve something. Miklo explained that the application Martin referred to was sensitive areas issue. He said approval of this application may provide more flexibility in how the upper floors are remodeled because there are different parking requirements for residential densities in the CB -5 zone than there are for CB -2. Eastham observed that there is a City parking lot within a block of the subject building and questioned if there is adequate parking infrastructure to support this application. Yapp explained that there is on- street metered parking and there is also metered and permit parking in the City lot near this property. Swygard said she is fully in favor of the historic designation but is wondering about the residential parking requirements for CB -5 versus CB -2. A vote was taken the motion carried 5 -1 with Martin opposed. Consideration of Meeting Minutes: June 5, 2014 Dyer moved to approve with minor corrections. Swygard seconded. A vote was taken and the motion carried 6 -0. Planning & Zoning Information There was none. Adjournment Martin moved to adjourn. A vote was taken and the motion carried 6 -0. l -� Prepared by: Planning Intern, Ashley Zitzner, PCD, 410 E. Washington Street, Iowa City, IA 52244�-35�:' 230 14- 00007) -1 E'� Czr ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIM TELY 4,000 SQUARE SET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL DJSINESS SUPPORT (CB -5) ZONE AND LOCAL HISTORIC LANDMARK ESIGNATION LOCATED AT 203 N LINN ST. (REZ- 00007) WHEREAS, the applicant, Michael Hodge, has requested s Street from Central Business Service Zone (CB -2) to Central Historic andmark designation ; and WH EAS, the Comprehensive Plan indicates that neighborh d's scale, history and architectural significance is E commercial a a; and WHEREAS, a Planning and Zoning Commission has t determined that it plies with the Comprehensive Plan provid redevelopment of th roperty will follow the height standard appropriate scale for the orthside Market Place commercial are WHEREAS, Iowa Co §414.5 (2013) provides that the conditions on granting an a licant's rezoning request, over satisfy public needs caused by a requested change; and ning of property located 203 N. Linn ess Support Zone (CB -5) and local lopment that is sensitive to the iraged in the Northside Market Place h reviewed the proposed rezoning and that if the existing building is destroyed, for a CB -2 zone to assure that it is an , and ity of Iowa City may impose reasonable nd above existing regulations, in order to WHEREAS, the owner has a eed that the property sh be developed in accordance with the terms and conditions of the Conditional Zo * g Agreement attach hereto to ensure appropriate development in this area of the city; and WHEREAS, the Historic Preservati Commission as determined that the property qualifies for designation as a local Historic Landmark du to its origin use as the Bashnagel Bakery and representation of early commercial architecture. NOW, THEREFORE, BE IT ORDAINED IOWA: SECTION I APPROVAL. Subject to the incorporated herein, property described below is Central Business Service District (CB -2) to Cent local Historic Landmark: , THE SOUTH 50' OF LOT 8 BLOCK 68 OF L COUNTY, IOWA. THV CITY COUNCIL OF THE CITY OF IOWA CITY, ditional Zoning Agreement attached hereto and ,eN reclassified from its current zoning designation of Busi ss Support District (CB -5) and designated as a 'S FIRST ADDITION, IOWA CITY, JOHNSON SECTION II. ZONING MAP. The buildi official is hereby authoriz and directed to change the zoning map of the City of Iowa City, Iowa, to cot form to this amendment upo the final passage, approval and publication of the ordinance as approved Vy law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is \roperty zed and directed to sign, and the City Clerk attest, the Co ditional Zoning Agreement betwey owner(s) and the City, following passage and approval thi s Ordinance. SECTION IV. CERTIFICATION D RECORDING. Upon passage a the Ordinance, the City Clerk is hereby authorized and irected to certify a copy of this ordind the same in the Office of the County Recorder, Jo nson County, Iowa, at the Owner's t . final passage, approval and publication of this or inance, as provided by law. SECTION V. REPEALER. I ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repeale . SECTION VI. SEVERA ITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, uch 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 , 2014. MAYOR ATTEST: CITY Appr ved by City Attorney's Ofi a - .�.. w -- �, o Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ14- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), HCB Properties, L C (hereinafter "Owner "). WHEREAS, the Owner is the legal title holder of approxim�fely 4,000 square feet of property located at 203 N. Linn Street; and / WHEREAS, he Owner has requested the rezoning of aid property from Central Business Service (C 2) zone to Central Business Support (CB- zone and designation as a local Historic Landmar \Planing WHEREAS, the and Zoning Comm ission has d termined that, with appropriate conditions regarding bale, the requested zoning is co sistent with the Comprehensive Plan; and WHEREAS, the Historic P servation Commission as determined that the property qualifies for designation as a local storic Landmark due o its original use as the Bashnagel Bakery and representation of early com ercial architecture WHEREAS, Iowa Code §414.5 (2 13) provide that the City of Iowa City may impose reasonable conditions on granting an app ant's re oning request, over and above existing regulations, in order to satisfy public needs ca ed b the requested change; and WHEREAS, the Owner acknowledges at certain conditions and restrictions are reasonable to ensure the development of the ro rty is consistent with the Comprehensive Plan and the need to assure that if the histori buildi is destroyed, the scale of development will be appropriate for the Nor/Ae ket P ace com rcial area; and WHEREAS, the Owner agreel p this property ' accordance witrathe terms and conditions of a Conditional Zo ent. NOW, THEREFORE, in conof the mutual promises ontained hei+j, tim panes agree as follow s: . C�. M 1. HB Properties L C is t holder of the property legally escrib6d:'S: THE SOUTH 50' OF LK 68 OF LYON'S FIRST ADDI ON,!6wA etTY, JOHNSON COUNTY, 2. The Owner ackno si edges that the City wishes to ensure conformanc to the principles of the Comprehe ve Plan. Further, the parties acknowledge that to a Code §414.5 (2013) provides.Alat the City of Iowa City may impose reasonable conditi s on granting an applicant's rezoning request, over and above the existing regulation in order to satisfy publi , needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: ppdadm /agt/conditional zoning agreement- historic hodue.docconditional toning- agreementdoc In the event that the structure is damaged or destroyed by fire, explosion, as of God, or by a public enemy, and rehabilitation is not possible, any redevelopment of the property shall comply with the building height standards of the CB -2 zone, as set forth in the Iowa City Zoning Code, which may be amended. 4. The Owner and City ack owledge that the conditions co ained herein are reasonable conditions to impose on he land under Iowa Code 414.5 (2013), and that said conditions satisfy public nee s that are caused by /ubject ested zoning change. 5. The Owner and City acknowl ge that in the eve property is transferred, sold, redeveloped, or subdivide all redevelopmonform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this C dnal ning Agreement shall be deemed to be a covenant running with the land and ith titl to the land, and shall remain in full force and effect as a covenant with title to th la , unless or until released of record by the City of Iowa City. The parties further acknowledge that thi agrent shall inure to the benefit of and bind all successors, representatives, and aysigns of a parties. 7. The Owner acknowledges that n hing in this C ditional Zoning Agreement shall be construed to relieve the Owner or Applicant from \recor with all other applicable local, state, and federal regula ions. 8. The parties agree that t . Conditional Zoning Ahall be incorporated by reference into the ordin ce rezoning the subject p that upon adoption and publication of the ordi nce, this agreement shall in the Johnson County Recorder's Office at t Applicant's expense. Dated this day of CITY OF IOWA CITY i Matthew Hayek, Attest: r Marian K. Karr, City Clerk Approved by: City Attorney's Office 2014. ppdadm /agt/conditional zoning agreement- historic hodge.docsonditional -aon r;g- agreement doc 2 By: ---� n cam"'` r-- ppdadm /agt/conditional zoning agreement- historic hodge.docsonditional -aon r;g- agreement doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instru %KK s acknowledged before me on 2014 by Matthew Hayek and Mariar as Ma yor and City Clerk, respectively, of he City of Iowa City. Notary Publ' in and for the State of Iowa (Stamp or Seal) Title (a Rank) HCB PROPERTIES ACKNOWLEDGMENT: State of County of This record was acknowledged before a on by (Na e(s) of individual(s) as (type of authori (name of party was executed). )ate) such as officer or trustee) of i,behalf of whom record Notary Public in and for the (Stamp or Seal) Title (and Rank) My commission expires:_ ppdadmlagt/cendi @a;al zoning agreement - historic hodge. docconditional- zoning - agreement,doc 3 Iowa Q X— C— C= -=3 n Q r °$ter am Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 5220 (319) 356 -5240 (REZ14- 00007) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa 9(ty, Iowa, a municipal corporation (hereinafter "City "), HCB Properties, L C (hereinafter "Own '). \Historic S, the Owner is the legal title holder f approximately 4,000 square feet of pat 203 N. Linn Street; and S, the Owner has requested th rezoning of said property from Central B (CB -2) zone to Central Busines Support (CB -5) zone and designation as a ldmark; and WHEREAS, Ne Planning and Zoning Co mission has determined that, with appropriate conditions regarding uilding scale, the reque ed zoning is consistent with the Comprehensive Plan; and WHEREAS, the His ric Preservatio Commission has determined that the property qualifies for designation as local Histori Landmark due to its original use as the Bashnagel Bakery and representation of a ly comme cial architecture. WHEREAS, Iowa Code §4\4.5/2013) provides that the City of Iowa City may impose reasonable conditions on granting applicant's rezoning request, over and above existing regulations, in order to satisfy public n ds caused by the requested change; and WHEREAS, the Owner ac nowle es that certain conditions and restrictions are reasonable to ensure the develop ent oft property is consistent with the Comprehensive Plan and the need to assure that V the historic uilding is destroyed, the scale of development will be appropriate for the Northsi Market Place ommercial area; and WHEREAS, the Owner agrees to develop this pr6verty in accordance with the terms and conditions of a Conditional Zoni g Agreement. NOW, THEREFORE, in con deration of the mutual pro ises contained herein, the parties agree as follows: 1. HCB Properties L C i the legal title holder of the propert egally described as: THE SOUTH 50'0 LOT 8 BLOCK 68 OF LYON'S FIRST DDITION, IOWA CITY, JOHNSON COUN , IOWA. 2. The Owner ackno ledges that the City wishes to ensure confoxylance to the principles of the Comprehellsive Plan. Further, the parties acknowledge t t Iowa Code §414.5 (2013) provides t at the City of Iowa City may impose reasonable nditions on granting an applicant's re oning request, over and above the existing regulations, in order to satisfy public nee s caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: ppdadm /agt/conditional zoning agreement- historic hodge (2) (2) 1 Where the structure is damaged or destroyed such that it is structurally unsound and irretrievable, as determined by the Historic Preservation Commission pursuant to the City ordinances and their Historic Preservation Handbook, and the Historic P servation Commission determines that a certificate of appropriateness i warranted to low the structure to be demolished, any redevelopment of the p r shall com with the building height standards of the CB -2 zone, as set foyth in the Iowa City Zo ing Code, which may be amended. 4. The Owner an City acknowledge that the conditions contained h rein are reasonable conditions to irApose on the land under Iowa Code §414.5 013), and that said conditions satisfy ublic needs that are caused by the requested oning change. 5. The Owner and Cit acknowledge that in the event the subo ct property is transferred, sold, redeveloped, or ubdivided, all redevelopment will c form with the terms of this Conditional Zoning Agr ement. 6. The parties acknowledge hat this Conditional Zoning reement shall be deemed to be a covenant running with th land and with title to the nd, and shall remain in full force and effect as a covenant wi title to the land, unle or until released of record by the City of Iowa City. The parties further acknowledge that this agree nt shall inure to the benefit of and bind all successors, representatives, dQd assigns of a parties. 7. The Owner acknowledges that noting in is Conditional Zoning Agreement shall be construed to relieve the Owner or pplic nt from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditio I reference into the ordinance rezonin th publication of the ordinance, this reery Recorder's Office at the Applicant' expen Dated this day of CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City C Approved by: ppdadm /agUconditional zoning agreement- historic hodge (2) (2) 2 Zoning Agreement shall be incorporated by subject property, and that upon adoption and qnt shall be recorded in the Johnson County By: By: 4. City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUN ) This instrument was a knowledged before me on , 2014 by Matthew Hayek and Marian K. Karr as y7 and City Clerk, respectively, of the ity of Iowa City. HCB PROPERTIE S State of County of Tt)W M0V\ This record WaLs acknowledged by_ was executea). Not/randd in and for the State of Iowa (Staal) Title nk) fore men 111 I (4 (Date) (Name(s of indiTl(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record w0t Public in a for the State of Iowa (Starr or Seal) s �N ECM ERA' My Cwn6" Exon Title (an Rank) S ton*w 27 2016 My com 'ssion expires: ppdadm /agt/conditional zoning agreement- historic hodge (2) (2) 3 Prepared by Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00005) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3.59 ACRES OF PROPERTY LOCATED EAST OF FIRST AVENUE AND NORTH OF HICKORY TRAIL, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY PLANNED DEVELOPMENT OVERLAY. (REZ14- 00005) WHEREAS, the applicant, Allen Homes, Inc. has requested a rezoning of property located east of First Avenue and north of Hickory Trail from Low Density Single Family Residential (RS -5) to Low Density Planned Development Overlay (OPD -5); and WHEREAS, the Comprehensive Plan and Northeast District Plan indicate that the properties with sensitive environmental features are appropriate for clustered residential development; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Northeast District Plan provided that it meets conditions addressing the protection of environmentally sensitive areas and creation of attractive, pedestrian - friendly neighborhoods; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Low Density Single Family Residential (RS -5) to Low Density Planned Development Overlay (OPD -5): LOT 42 AND LOT 43, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 23 AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE, CONTAINING 3.59 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk 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 , 2014. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK yd by City Attorney s Office Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Allen Homes, Inc. (hereinafter "Owner" or "Applicant "). WHEREAS, Owner is the legal title holder of approximately 3.59 acres of property located east of First Avenue and north of Hickory Trail; and WHEREAS, the Owner has requested the rezoning of said property from Low Density Single Family Residential (RS -5) to Low Density Planned Development Overlay (OPD -5); and WHEREAS, the Comprehensive Plan and Northeast District Plan indicate that properties with sensitive environmental features are appropriate for clustered residential development; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the protection of environmentally sensitive land and compliance with multi- family site design standards, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs 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 the protection of environmentally sensitive areas and the creation of attractive, pedestrian - friendly neighborhoods; 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. Allen Homes, Inc. is the legal title holder of the property legally described as: LOT 42 AND LOT 43, FIRST AND ROCHESTER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 23 AT PAGE 78, IN THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE, CONTAINING 3.59 ACRES AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast 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 ppdadm 1agt/rez14 -00005 first ave cza final.doc change. 3. In consideration of the City's rezoning the subject property, the Owner and Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development of the property shall generally conform with the Preliminary Sensitive Areas Site Plan and elevation drawings attached to this agreement. b. Final building design shall be subject to compliance with multi - family site design standards in City Code Section 14 -2B. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to 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 acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 12014. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: r � B)(/ Jess Allen, Owner Marian K. Karr, City Clerk By: Approved by: ppdadMagt/rez14- 00005 first ave cza final.doc 2 .4X , City 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 (Stamp or Seal) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Su 11u 2014 by ,-'p e- n, as pwv.-er of ` b A&-tS to WEN WENDY S. MAYER Notary Publi in and for said unty and State . Commission Number 729428 My Commissi n Expires (Stamp or Seal) Title (and Rank) L; ppdadm /agt/rez14 -00005 first ave cza final.doc 3 333 Y•F£c y{ F( �` sw 8 P WHO Z 0 zQ J a z� ^W W ai Ir I O W W = W V 0 OF Q �d s FwW�: 3 e€ 55 co az% w Q U y46 a�Q > p� L 3 r E��S z d m z 0 z fig yay pYQ Y �� J ' I��IIIII.�41fNA .eMSeollll � I � •$ a 0 Il:il jIJ —? � y�ia zY y II I� c I Y �J J Q w e .12 Wz d Q N 'd° F- 0 J r � � "1 a k� V Il I : R •I 11= j Iililililij ° �� � • � '7 :II 11= I Pummm I if =$ Y n s+ i`$`yC� aaaaa ���� �� ^�� G; Y y� i py p d Adp p3 §ay 5a•y� e%aq s ^ 3° BIN ya„ 1111111M� §$ y�y � &8g22�q °C3i�J !:' �J J Q w e .12 Wz d Q N 'd° F- 0 J r � � "1 a k� V Il I : R •I 11= j Iililililij ° �� � • � '7 :II 11= I Pummm I xz J 0 a� �a �> �w • J W W o ~ � N ri Z in H O ~ M W -i X W .J Z ao W J Q W H L M � W � 'i 3: Ln x W Z J aO 0 W J > W �W� 3: � Ln X W J Z LU app �Qz LU WO awco't Fc)0M W N L rI �: LLLr) To: Planning & Zoning Commission Item: REZ14 -00005 Lot 42 &43, First and Rochester GENERAL INFORMATION: Applicant & Property Owner: Contact Person: STAFF REPORT Prepared by: John Yapp Date: June 5, 2014 Allen Homes PO Box 3474 Iowa City, IA 52244 Jesse Allen allenhomesinc(Mm mail. com 319- 530 -8238 Requested Action: Rezoning from RS -5 to OPD -5 and Preliminary Sensitive Areas Development Plan approval Purpose: To allow clustering for the development of a single 11 -unit multi - family building in lieu of 11 single family lots Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: East side of First Ave, north of Hickory Trail 3.59 acres Undeveloped; Residential Single Family (RS -5) North: Undeveloped; ID -RS South: Residential; Low Density Multi - Family (RM- 12) East: Residential; Single Family (RS -5) West: Residential; Medium Density Planned Development (OPD -8) The Northeast District Plan identifies this property as residential Hickory Hill (C8) May 22, 2014 (revised plans submitted) July 6, 2014 rr....r 2 BACKGROUND INFORMATION The subject property is approximately 3.59 acres in size, and contains a stream corridor and linear wetlands. The applicant and property owner, Allen Homes, is proposing to rezone the property from Residential Single Family (RS -5) to Overlay Planned Development (OPD -5) in conjunction with a Sensitive Areas Development Plan. The proposal would result in the clustering of dwelling units into one 11 -unit multi - family building as opposed to 11 single family lots, resulting in a significant majority of the property being preserved as open space and the stream corridor and wetlands remaining undisturbed. The applicant has indicated that they have used the "Good Neighbor Policy" and have had a neighborhood meeting. ANALYSIS Current Zoning: The current zoning (RS -5) would allow up to 11 single family lots. Table I Current RS -5 Zoninq Characteristics Property size: 3.59 acres Minimum lot size: 8,000 SF (6,000 SF for attached single - family units on corner) Minimum lot width: 60 feet (40 for attached single - family units on corner) Minimum setback: 40 feet Potential density: 11 lots 3.06 units / acre Proposed Zoning: The Planned Development Overlay (OPD) is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate. The OPD zone and Sensitive Areas Development Plan provide flexibility in the design and placement of buildings, use of open space, traffic circulation and parking and related site and design considerations. The proposed project would allow up to 11 units, clustered in a single multi - family building on the north end of the property. In this case a majority of the property, including the stream corridor and linear wetlands, remain undeveloped open space. Table II Proposed Proiect Characteristics as submitted by the applicant Property size: 3.59 acres Dwelling units: 11 three - bedroom units Overall density: 3.06 units / acre 14,241 SF /unit Parking required: 22 spaces (2 spaces per unit) Parking provided: 27 spaces Property size: 156,655 square feet (SF) (100 %) Building area: 9,265 SF (5.9 %) Paving area: 5,435 SF (3.5 %) Pervious `green' area: 141,955 SF (90.6 %) PCD \Staff Reportslrez14 -00005 staff report.doc 3 Compliance with Comprehensive Plan: This property is in the Bluffwood Neighborhood of the Northeast Planning District. The Northeast District Plan illustrates a largely single - family neighborhood with opportunities for duplex and zero -lot housing, and townhouses and small scale multi - family buildings located along arterial streets. The Northeast District Plan states: Conservation subdivision designs balance the protection of sensitive environmental features with the development rights of property owners. The density of development is clustered on the more buildable area of the property leaving the balance to be protected as a nature preserve or open space. . . The resulting subdivision has more compact areas of development, but less paving and more open space when compared to conventional development. Conservation designs are especially appropriate in areas containing steep slopes, woodlands and stream corridors. In staff's view the proposed project is consistent with the Northeast District Plan goals for conservation design which preserves open space, the stream corridor and wetlands. General Planned Development Criteria Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14 -3A of the Iowa City Zoning Ordinance The density and design of the Planned Development will be compatible with and / or complimentary to adjacent development in terms of land use, building mass and scale, open space and traffic circulation Density: The overall density, while clustered, is 3.06 units / acre. This is consistent with the underlying Single Family Residential Zone. Land use and layout: The land use is residential, consistent with the surrounding neighborhood. The proposed layout is to cluster 11 units into a single multi - family building on the north end of the property, preserving a significant majority of the property as open space. The stream corridor and associated wetlands are preserved, and a minimum 100 -foot buffer from the wetlands is preserved. A majority of the parking will be under the building, minimizing paving on the property. Five guest parking spaces are proposed off of the single access drive — this is appropriate given the lack of on- street parking on First Ave. Two building entrances for pedestrians are proposed facing First Ave. As a planned development, the project will be required to comply with the City multi - family site development standards in City Code Section 14 -213. Mass and scale: The proposed structure is between 1 Y2 and 2 stories along the First Ave frontage, and 2 1/2 to 3 1/2 stories at the rear (due to the topography of the property). This is generally consistent with the single - family homes to the east, which are 2 stories at the front and 3 stories at the rear. The proposed building is articulated with bays and balconies which help give definition to separate units in the building. The proposed building is just under the maximum building height of 35 feet for residential structures, which is measured as an average height around the structure. The proposed building is 146 feet wide and 68 feet deep. While this is larger than single family buildings to the east, it is compatible with other multi - family buildings in this segment of the First Ave corridor. The large amount of open space and separation from the nearest single family structure help mitigate the size of the structure — At its closest point, the building is 189 feet from the nearest single family property to the east, and approximately 345 feet to the nearest single family structure (more than a standard city block). PCD \Staff Reports \rezl4 -00005 staff report. doc 4 2. The development will not overburden existing streets and utilities Access to the development is proposed from a single access point to First Ave, an arterial street. From an access perspective, a single access point is better than multiple access points along an arterial street. A November 2012 traffic count on First Ave south of Scott Blvd found an average daily traffic count of 7,002 vehicles per day, well under capacity for a two -lane arterial street. The 11 dwelling units will not generate any more traffic than 11 single family dwellings would. Sanitary sewer and water is available to the property, and will not be overburdened. Storm water will be directed to the stream corridor at the east end of the property, which flows into Ralston Creek and the regional storm water facility in Hickory Hill Park. The applicant has proposed a bio- retention basin to control stormwater runoff from the property and intercept it before releasing it into the stream corridor and wetland on the east side of the property. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development The proposed development provides far more open space and open views across the property than a conventional subdivision. The closest point of the proposed building is approximately 345 feet to the nearest house to the east. A landscaping plan has been submitted which identifies trees and screening to be planted on the property, and shows that the disturbed ground at the rear of the building will be planted with a prairie seed mix. The plan also states a maintenance plan for the prairie mix area will be created and submitted with the building permit process. The proposed covered entrance stoops encroach approximately 5 feet into the required 40 -foot setback. This is permissible under the planned development process — staff finds that this minor encroachment will not have an adverse impact. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City standards will be in the public interest, in harmony with the purpose of the zoning code and with other building regulations of the City. By constructing a single multi -unit building the proposal reserves a majority of the property as open space, and avoids the stream corridor and wetland. The 100 -foot wetland buffer is provided. From a traffic perspective a single means of access to First Ave is preferable to multiple individual driveways. The proposed structure is at the north end of the property, maintaining significant open space and visibility at the northeast corner of First Ave and Hickory Trail. Sensitive Areas Development Plan: Because of the stream corridor, wetlands and regulated slopes on the property, a Sensitive Areas Development Plan is required. Regarding the wetland and stream corridor, the designer has shown that the stream corridor and wetlands are to be preserved, and the required 100 -foot buffer between the wetlands and any impervious surface is proposed to be maintained. The property contains both steep (18% to 25 %) and critical (25% to 40 %) slopes, which are proposed to be disturbed to accommodate the proposed development. The Sensitive Areas Ordinance states that encroachment of construction area into steep and critical slopes must be minimized. In this case, the desire to maintain the 100 -foot wetland buffer and to minimize PCD \Staff Reports \rezl4 -00005 staff report.doc 5 paving must be balanced with the disturbance to steep and critical slopes on the west side of the property. Neighborhood open space: A planned development of this size is required to dedicate 3,398 square feet of public open space or pay fees in lieu of (3.59 acres X.065 X 5 dwelling units X 2.22 persons per dwelling unit X 3 acre / per 1000 persons = .078 acres, or 3,398 SF). The Parks and Recreation Commission has reviewed the plan, and has recommended fees in lieu of public open space dedication. Infrastructure fees: sanitary sewer and water main: No sanitary sewer fees will be required. The water main fee was paid with the previous subdivision; therefore no water main fee is required. Summary The proposed development meets the intent of the Planned Development Overlay and Sensitive Areas Development Plan by clustering the dwelling units into one building, preserving a majority of the property as open space, preserving the wetland /wetland buffer and stream corridor, and minimizing paving on the property by clustering the density and providing underground parking. From a transportation perspective, a single access point is preferable to multiple access points. The scale of the building is mitigated by the distance between the proposed structure and the single family structures (approx. 345 feet). The disturbance to the steep and critical slopes, clustering of density and building height must be balanced with the preservation of open space, stream corridor and wetland buffer. In staff's view the preservation of a significant majority of this property as open space and undeveloped wetland buffer meets the intent of the Northeast District Plan's conservation design goals. Staff Recommendation Staff recommends approval of REZ14- 00005, an application submitted by Allen Homes for a rezoning from Single Family Residential (RS -5) to Overlay Planned Development (OPD -5) and a Preliminary Sensitive Areas Development Plan subject to general conformance with the plan submitted, and subject to the final building design complying with the multi - family site design standards in City Code Section 14 -2B. ATTACHMENTS: 1. Location Map 2. Plan 3. Building elevations 4. Correspondencg� Approved by: Doug Boothroy, Pi ctor V Department of ig borhood and Development PCD \Staff Reports\rez14 -00005 staff report.doc Norio 7 MEN Is r- unuu■■■ I 0 --i Hill > MEN Is !I r- o'll J. 0 --i Hill > Z;u 43,*M Oz cn m z 71 (D _0 > ch m > > > Z 0 Cf) Dim > 0 .gym m C7 < m O !I M"Al o'll J. HI'M I-. HIP Hill _0 > 7Z,; m 0 z m 00 11 r- 0 N Z 8 s C) m r p r� Oz � D W Cl) m m w a 79 u) s "` O Cn m D —ID avi so s' < Z D o0ccn y � m O =m m r O Cn m mz m D Dz O z m ca (i y Tf f1 �i n r yl Qgw yy r O fD�1 �' AyN OO� - 58 �o A ya ]] A �� F RAN F9� 9 it of z IF i r "eatteakYMMd I I D I!Z I D 39�p I ?Efil A � '6 ® I oeHNeoWp +�� ill 11 . I r O -P N Zm r r—:7- Oz � D W .. m I TI czn sNp 0 mp CD m y D c�Dm swP Z D cn o��' o ;=sA � ;� D m 00 -No �a _< m < = m m r Tmz N � T D D z O m "eatteakYMMd I I D I!Z I D 39�p I ?Efil A � '6 ® I oeHNeoWp +�� ill 11 . I q r- y3 au.��a�° o� A Ell 0 zH N R Z r C) M a r� Oz � D -P W cn m ° w TI ccn s�. Cl) m D—ID °P � g C� Q >m =N£ Y Z '^ >o= O D m O o 9; _m M Cn mz D >z O z m q y3 au.��a�° o� A Ell s� zH R 0 L \ O ry U U. O p m• S S��c%( —.. __. _ —_. ° C14 i I C p 3 I� cl m• N � � � I O N 40 Co C p N O 0- Ni 0) O N a O II m •• 0 -p p 0 • \ ct •• c n O o a p o p 0 C,4 N O o 00 0 0 0 I • N N H AvE \ FIRST � _ � � a 0 7 v O Cp p O O C O p N ti \ p \ up L O O r Q N O L N Wd ZS :9S:6 bi9Z /9 /Z'6MPT - ml- s Wl "d\d7& MVS (D �r) S co (D + 0) = Q M Q N K X w wz J 0 d U .y cr) w uw >_� ~ � N ei Z � ry xw W z J d' IL �1 U *i U') W Q W_ 7 Q � H 0 N Lo I 'r� U1 V L c c c < L r i i c t X W J z a o Li > J Q LL F- M V% Q \ rf W Ln U) X LU JW Z C 0 H z LU j I ( I 1 f f l l l X W J Z a0 f� W J Q W U M W N rl 3: Ln Iowa City Planning and Zoning Commission 410 East Washington Street Iowa City, Iowa 52240 -1826 May 9, 2014 Dear Members of the Iowa City Planning and Zoning Commission, Thank you for your April 30, 2014 letter informing us that you have received an application submitted by Allen Homes for the rezoning of approximately 3.6 acres of property from Low Density Single Family (RS -5) zone to Planned Development Overlay (OPD -5) zone located at the NE corner of First Avenue and Hickory Trail. This rezoning will allow construction of a Multi - Family building with up to 11 unites. As owners of a single family home on the property almost right across from the proposed Multi - Family building, we are writing (because we will be away for the May meeting) to express our concern to the rezoning of the property from RS -5 to OPD -5. We believe that the plan and vision of current owner of the property Mr. Jesse Allen is in opposition to the expectations and vision of the current neighboring homeowners. Moreover, six multi -unit condominium complexes have already been built (or slated to be built) in the last 13 years along First Avenue North from Hickory Trail to Rochester Avenue with more than a hundred units in these buildings. It is our conviction that another Multi - Family building will negatively impact the wild life in the area, the character of our neighborhood, and create traffic congestion. Respectfully submitted, + -A�Ck'VL_� , �) `Jason Chen Donna Chen John Yapp From: Synan, Ann <ann -synan @uiowa.edu> Sent: Thursday, May 08, 2014 2:44 PM To: John Yapp Subject: Letters and Signatures Regarding Proposed Rezoning Bluffwood Neighborhood Attachments: Letters and Signatures from Neighbors within 200 ft Rezoning Proposal 1001353001 and 1001353002 N 1st Ave.pdf; Letter and Signatures to Planning and Rezoning Re Proposed Rezoning 1001353001 and 1001353002 N 1st ave.pdf John, Please find attached two letters signed by neighbors in the Bluffwood Community who are opposed to the proposed rezoning of the parcels of land at Hickory Trail and 1st Ave to OPD5 for the purpose of building a multi -unit dwelling on the northernmost parcel of land. The first is a letter signed by households within 200 feet of the proposed rezoning. There are 21 signatures attached to that letter. The second letter is from neighbors who live in single family homes, condominiums, attached houses, etc., along Cypress, Bluffwood Drive, Evergreen, Evergreen Court, Hickory Trail, Tamarack, Hickory Court, and Stuart Court. There are 85 signatures attached to this letter. We ask you to present these letters with a total of 106 signatures to the Planning and Zoning Commission for their consideration. There has been a great deal of concern expressed in the neighborhood about the proposed rezoning. We hope that the Iowa City Planning and Rezoning Commission will recognize and support the concerns of homeowners in our neighborhood and maintain the established RS5 zoning code for these parcels of land. Thank you for your assistance. Ann Syrian Bill Syrian PS John, Is there any word yet if this rezoning proposal is definitely on the May 15th agenda for Planning and Zoning? May 4, 2414 Dear Planning and Zoning Commission: We, the undersigned neighbors living in the Hickory Trail /Bluffwood neighborhood are concerned about a proposed rezoning of parcels of land 1001353001 N. I" Ave and 1001353002 N. 1' Ave his land, from R55 low density single family homes, to OPDS with the intent of constructing a large 11 -unit dwelling on the northernmost parcel. We believe that a change to the proposed zoning code and approval of this proposed development project would fundamentally reshape our neighborhood -- negatively impacting our quality of life, the character of our neighborhood and our property values. Specifically: • The aforementioned property is the gateway to our neighborhood community, and as such, it should complement and enhance the unique character of the neighborhood. • The property has been zoned for single family homes for over 25 years. We want this property to remain as it has been zoned. We believe that this zoning designation protects the stability and integrity of the Bluffwood neighborhood and our quality of life. • The proposed large, multi -unit condominium complex that is proposed for parcel 1001353001 N V Ave would be a sharp contrast to the neighborhood and the surrounding area north and east of 1" Avenue and would dominate the landscape, day and night. It would look out of place on this site. • We believe that with the number of multi -unit dwellings already built, or being slated to be built, along North 1" Avenue, we do not need another multi -unit complex on this site, nor do we approve of the disproportionate increase in density on this parcel. • We are concerned that the depth of the proposed structure would put it closer to the buffer zone of the sensitive area on this land than single family homes would. • We are concerned about other environmental and ecological ramifications of a multi -unit dwelling of this size and the possible impact that this development could have on Ralston Creek and Hickory Hill Park. We are respectfully asking the Planning and Zoning Commission to consider our concerns and our rights as current homeowners as you make a recommendation to the City Council. If we can be of any service to the Commission during the deliberations process please do not hesitate to contact us. Sincerely, o" "�� -.5 - �aj� k a 4 Letter to City of Iowa City Planning and Rezoning Commission Page two Signature Printed Name Address Ip 20'% 2' j -5 LL. -7-3 K9, M Letter to City of Iowa City Planning and Rezoning Commission Page two Signature Printed Name Address 35 - -- L - -44a�a � /-10 - L Fes- ---' ? 3 c4l -i 01 Letter to City of Iowa City Planning and Rezoning Commission Page two rianatitro Printed Name Address Qal `°tAkA o_�:� ) tq Dear Planning and Zoning Commission: We, the undersigned neighbors living with properties within 200 feet of the parcels of land 1001353001 N. 1s` Ave and 1001353002 N. 15S Ave are concerned about a proposed rezoning of this land, from RS5 low density single family homes, to OPDS with the intent of constructing a large 11 -unit dwelling on the northernmost parcel. We believe that a change to the proposed zoning code and approval of this proposed development project would fundamentally reshape our neighborhood -- negatively impacting our quality of life, the character of our neighborhood and our property values. Specifically: • The aforementioned property is the gateway to our neighborhood community, and as such, it should complement and enhance the unique character of the neighborhood. • The property has been zoned for single family homes for over 25 years. We want this property to remain as it has been zoned. We believe that this zoning designation protects the stability and integrity of the neighborhood and our quality of life. • The proposed large, multi -unit condominium complex that is proposed for parcel 1001353001 N 1" Ave would literally tower over our yards and dominate the landscape, day and night. From the back, where many of us would view it, the building would stand several stories — including the retaining wall, garage, and two levels of living space. We never envisioned, nor do we desire now, a view of a parking lot, dumpster or massive retaining wall, let alone a single structure of this size. • For several of us, the proposed driveway leading down to the garage and parking area would mean headlights glaring into our kitchens, Living rooms, family rooms, decks, and patios. • It is significant to note that the "grove of trees" that the developer states will "hide" a portion of the proposed structure, consists of trees that are without foliage for more than six months of the year. Even in summer they would not mask a dwelling of this size. • We believe that with the number of multi -unit dwellings already built, or being slated to be built, along North 15C Avenue, we do not need another multi -unit complex on this site, nor do we approve of the disproportionate increase in density on this parcel. • We are concerned that the depth of the proposed structure would put it closer to the buffer zone of the sensitive area than single family homes would. • In addition, we are concerned about the environmental and ecological ramifications of a multi -unit dwelling of this size including but not limited to, the potential for water run -off and flooding along the creek and onto our properties that the development of a multi -unit dwelling could create, as opposed to the construction of single family homes. We are respectfully asking the Planning and Zoning Commission to consider our concerns and our rights as current homeowners as you make a recommendation to the City Council. If we can be of any service to the Commission during the deliberations process please do not hesitate to contact us. 80 C'.YPe -r_-;_5 6 r -IV 1Z4, 3 Page two Signature Printed Name Address v ZDA 3 Letter to City of Iowa City Planning and Rezoning Commission Page two Signature Printed Name Address John Yapp From: Alan and Dottie Frank <andic @mchsi.com> Sent: Thursday, May 08, 2014 4:35 PM To: John Yapp Subject: Proposed condos on North First Avenue Dear Mr. Yapp, My husband and I live on Bluffwood Circle in Iowa City. We understand there is a proposal to build yet another one or two condo projects on First Ave. between Rochester and Scott Blvd. This much development will cause undue problems with traffic on First Ave. which is already heavy at certain times of day when the school day begins and ends and when ACT employees are going to and from work. People in this neighborhood who use Stuart Court or Hickory Trail to access First Avenue can attest to the above difficulties. This amount of traffic also poses a safety issue. When cars are backed up at First Avenue and Rochester, it would be impossible for emergency vehicles to get into our neighborhood. Dottie and Alan Frank Sent from my iPad John Yapp Subject: FW: comments about pending zoning issue on First Ave. in Iowa City From: Jim Gloer [mailto:james.gloer @gmail.com] Sent: Wednesday, May 07, 2014 4:07 PM To: PlanningZoningPublic Cc: Jim Gloer Subject: comments about pending zoning issue on First Ave. in Iowa City Dear Members of the City of Iowa City Planning and Zoning Commission: I would like to add my voice to those of many residents of our neighborhood who are concerned about the possible rezoning of land on First Avenue near the corner with Hickory Trail (parcels 100153001 and 100135002). I live on the east side of Cypress Court (i.e., not directly bordering the parcels), and have resided there for nearly 25 years. The proposed rezoning (from long -term status as single - family RS5 to OPD5) would lead to construction of yet another large multi -unit condominium complex in an increasingly congested area, and would negatively impact our neighborhood in several ways. The area along First Avenue from Hickory Trail up to its corner with Rochester is already heavily populated with such buildings. As I understand it, there are 104 such units existing or under construction in this rather confined area. While I have not objected to this kind of growth in the past, I feel strongly that the situation is at the point of oversaturation. I do not know the number of these units being rented vs. owned, or how many are unoccupied, but I do know that the for -sale signs beside the existing properties are more or less permanent. Moreover, there is already another huge condominium building under construction across First Ave. from the parcels being considered. This structure is so large and is built so high (presumably because of the terrain ?) that it dominates the landscape in this spot adjacent to Hickory Hill Park. Given the more sharply sloping terrain in the area being considered, I can only imagine what kind of dominant presence yet another such massive (11 -unit) building would impose, or what kind of further congestion it would bring. Such a structure would radically affect the entryway /gateway to our entire neighborhood, and would have a negative impact on the overall character of the neighborhood (and, of course, on property values). It would also be the *third* such structure at this same intersection of Hickory Trail and First Avenue. As I understand it, this property was only purchased for this purpose within the last few months, with an apparent expectation that the zoning would be suddenly and dramatically changed from what it has been since the original development of this wonderful neighborhood. I do not think that this would be fair to so many families who purchased houses in this area with the understanding that these parcels are zoned RS5, as they have been for 25 years or more. In summary, I strongly oppose this proposed zoning change, and I hope that the Commission will recognize and support the concerns of homeowners in our neighborhood and maintain the long - established RS5 zoning code for these parcels. Thank you for considering my opinion. Sincerely, Jim Gloer 828 Cypress Ct. Iowa City, IA 52245 fames. lg oer@gmail.com John Yapp From: Edie Pierce - Thomas < epiercethomas @yahoo.com> Sent: Tuesday, May 06, 2014 10:03 AM To: John Yapp Subject: condo rezoning proposal 1st and Hickory Trail. Mr. Yapp, I am writing to express my concern (again) that the city will permit the re- zoning of the property at the corner of Hickory Trail and 1 st Ave. from the current RS -5 to whatever it will take to allow another condo building with too many units in it for the space available to be built. I do not have any hope that the city will listen to the neighbors that have already seen have the complex across 1 st Ave be accepted and more concerning the one up 1 st Ave below the Regina track. The space at Hickory Trail and 1 st is too small for the proposed 11 unit building. It will not allow the units to be family friendly adn will not fit into the neighborhood (except for the buildings on 1 st Ave.) With the two other buildings that are in progress, the traffic will be even more horrendous and though the city placated the neighbors for a little while having police at the Hickory Hill Park parking lot for a while and the monitors for speed for about a month last year, the traffic is getting heavier and continues to be too fast for the conditions! This new proposal would only add to the problem. Why does the city only want condos built on 1 st Ave? A couple of single family homes might not be bad, but what is wrong with having it remain green? To permit yet another condo building is short- sighted and devaluing the neighborhood. Please share this with the city council and the zoning commission. Edie Pierce - Thomas epiercethomas (a,vahoo. com 631 Stuart Court Iowa City, IA 52245 Phone: 765- 414 -4407 May 5, 2015 Dear Members of the City of Iowa City Planning and Zoning Commission: We have learned that an application for a proposed rezoning of land parcels 100153001 N. 1' Ave and 100135002 N. 1a` Ave. has been filed with the Planning and Zoning Commission. As owners of a single family home on the bordering property we are writing to express our concern and opposition to the proposed rezoning of the property from RS5 low density single family homes to OPDS with the intent of constructing a multi -unit dwelling. We returned to Iowa City after 12 years in Chicago to raise our three young children. We chose to be on the Eastside and in the Bluffwood neighborhood because of its proximity to schools, downtown and that It was a strong, well established single family home neighborhood and community. We purchased our home at 845 Cypress Court in 2012 with the knowledge that the adjacent land was zoned RS5 for single family homes and the confidence that the lots would eventually be developed as single family homes following the same character and integrity of the rest of the neighborhood. If the property behind had been zoned for anything other than RS5 we would not have purchased this home. The current owner of the property, Mr. Jesse Allen, purchased the land on April 2, 2014 and less than two weeks later presented a proposal for the property at a Good Neighbor Meeting — a proposal that calls for a large multi -unit dwelling of 11 units, with a request for rezoning. The plan and vision that Mr. Allen has for the property does not coincide with expectations of the neighboring homeowners: single family homes as established by the current zoning ordinance for that property which has been in existence for more than 25 years. In the last 13 years six multi -unit condominium complexes have been built or are slated to be built along 16t Avenue North from Hickory Trail to Rochester Avenue, with total number of 104 units in these buildings. We appreciate Mr. Allen's willingness to meet with neighbors as part of the Good Neighbors Program, but we are concerned that he has not truly taken into account a very important part of the program, "View it From Their Perspective." From our perspective, the proposed rezoning and proposed multi -unit dwelling is concerning for several reasons: It would negatively impact our quality of life, the character of the neighborhood, negatively impact the surrounding natural environment and wildlife, increase traffic in an already busy and congested thoroughfare and reduce our property values — viewing the proposed structure from our home would be four stories tall, not to mention a view of a parking lot, dumpsters and incoming car lights which would shine directly Into our home. The property is the gateway to our neighborhood and a major entrance to the East side of Iowa City which needs more single family homes not more multi -unit buildings. We entrust that the City of Iowa City Planning and Zoning Commission will listen to the concerns of homeowners about the proposed rezoning of the property and will protect the established zoning code of RS5. Respectfully, Ben' min raga 845 Cypress Court Iowa City IA 52245 Whitney Fraga Attn: John Yapp City of Iowa City Planning and Zoning Commission 410 E. Washington Street Iowa City, IA 52240 May 4, 2014 Dear Mr. Yapp: I write in strong opposition to the rezoning of two parcels of land located at the northeast intersection of First Avenue and Hickory Trail from single -home zoning to multiunit zoning. As a three -year homeowner within the adjoining Bluffwood area, I am dismayed by the proliferation of condominiums /apartments that is destroying the homeowner nature of the neighborhood, causing traffic congestion, and disrupting wildlife travel paths around Hickory Hills Park. I now wish I had not purchased a home in this area and have begun looking at homes in Coralville as I plan my exit from an area that is becoming overly populated by massive multiunit structures. It is unfortunate that the city is allowing family- friendly neighborhoods to be destroyed, which will contribute to the ongoing decline of city schools and other city infrastructure as more of us move to surrounding suburbs devoted to single - family homes. As an employee at the University of Iowa, I wanted to live on the east side in order to support the city and to be a part of the community, but I do not wish to live in a high- density area that no longer feels like a safe community and instead is becoming an extension of student housing stock. And now the increase in my commute time caused by traffic congestion on roads not equipped to handle the proliferation of multiunit structures makes moving outside the city limits even more attractive since my commute time will remain roughly the same. The successful sales of single - family units in new developments along Rochester Avenue make it obvious that there is a strong market for single - family homes within this area. While a diversity of housing choices is desirable, the location of multiunit structures should be carefully considered so as not to destroy existing neighborhoods of single - family homes. Unfortunately, this consideration is not being given to the Bluffwood area. I hope the city sees the error of destroying thriving neighborhoods before it is too late. Sincerely, Georgina Dodge 44 Evergreen PI. Iowa City, IA 52245 (319) 512 -1398 John Yapp From: Schulein, Thomas M <thomas- schulein @uiowa.edu> Sent: Saturday, May 03, 2014 8:41 PM To: John Yapp Cc: Synan, Ann Subject: Zoning Issue on North First Avenue at Hickory Trail Intersection John, My wife and I are the owners of the home at 811 Cypress Court. The planned 11 -unit condominium would be almost in our back yard, if approval for its construction is given. My wife and I are against this proposal, because the land upon which it would be built is zoned RS -5 and should remain as such, because my wife and I and so many other neighbors bought into this neighborhood with the understanding that only single family homes would be built behind us. We think the City has a moral obligation to adhere to this original zoning. To rezone such an area, a powerful argument must be made as to WHY it should be done. In this case, such an argument cannot hold water. We don't want, nor do we need this kind of dwelling directly behind us. We already have another monster condominium building under construction at the junction of First Avenue and Hickory Trail on the west side of First Avenue. So, we have an abundance of condominium -type units in our neighborhood and we don't feel that another one is appropriate, especially when so much other land that is remote from single family housing could be allocated for such usage. I feel that the purchaser of the two lots is trying to squeeze as much profit out of that land as he can, and at our expense. Our property values may indeed suffer and that is simply not acceptable when this improper proposal can simply be refused. I don't think you or the other members of the Planning and Zoning Commission would want such a unit in your OWN back yards. So, please don't encourage it in MY back yard by making such a recommendation to the City Council. Please encourage all of the members of the Planning and Zoning Commission to also say NO to this proposal. Thomas M. Schulein Vivian L. Schulein 811 Cypress Court Iowa City, IA 52245 319 - 351 -6598 May 2 "d, 2014 Dear Members of the City of Iowa City Planning and Zoning Commission: We have been informed that an application for a proposed rezoning of land parcels 100153001 N. 1St Ave and 100135002 N. 1St Ave. has been filed with the Planning and Zoning Commission. As owners of a home on Cypress Court we are writing to you to share our concerns about the proposed rezoning of the property from RS5 low- density single family homes to OPDS with the intent of constructing a multi -unit dwelling. Between 1st Avenue and Cypress Ct is a large open area /ravine with a small creek running through it. This area is considered a "sensitive area" for site development. The creek has flooded in the past during heavy rains. We are concerned that the run off from the roof of a large multi unit dwelling will increase the risk of the flooding. In addition, we are concerned that construction in the area will remove or destroy trees and vegetation along the creek and destroy the banks of the creek. This area, even though small, is home to many birds and much wildlife. Throughout the state Iowa we have experienced much loss of habitat for animals. We do not want to see more animal habitat destroyed. Our second concern is the increased traffic at the corner of 1st Avenue and Hickory Trail. Hickory Trail is the only outlet from the subdivision. Currently under construction is a multi unit condominium at this corner. Half way between Rochester and Hickory Trail (600 block) the land has been cleared for the construction of another multi unit condominium. When these units are finished and occupied, we can only assume that there will be increased traffic on First Avenue, making it more difficult to exit from Hickory Trail, especially when people are going to work in the morning. As it now, the morning traffic often backs up from the light at corner of Rochester and First Avenue to the corner at Hickory Trail and First Avenue. These concerns, particularly the potential impact on the creek and its banks, make us opposed to this rezoning request. We hope the Planning and Zoning Commission will agree with us. Sincerely, Deb Schoelerman and Paul Pomrehn John Yapp From: Jennifer McDonald <jmcdonald @mchsi.com> Sent: Friday, May 02, 2014 2:38 PM To: John Yapp Subject: rezoning of lots 42 and 43 on First Ave Dear Members of the Iowa City Planning and Zoning Commission: We are writing with regards to Lots 42 and 43 of First and Rochester in Iowa City (parcels 100153001 & 100135002 on 1St Ave extension) . There is a request to rezone these lots from RS -5 (Single Family Residence) to OPDR (Planned Development Overlay Zone). We purchased our home with knowledge that those lots were zoned RS -5. We assumed that only single family homes would be built on these lots. Now a builder wants to put up a condo. After review of the developer's plans, we had several immediate concerns: The proposed condo unit is large and is placed on a very steep property. So steep that some consider it unbuildable. Because of the steep slope, the back side of the condo will span about 4 stories in height. The drive way is long and will be unsightly with parking spaces. Cars turning into the driveway coming off 1 st Ave will blare their headlights directly into the back of all the houses along Cypress Court. There are plans for 2 retaining walls, not stated how high those walls would be. The retaining wall behind the driveway and building is about 200 feet long and will be built right up to the wet land buffer. The wet land buffer is important for the creek below. A condo will change the feel of our neighborhood. These lots are zoned RS -5 for single family homes and we want to keep it that way. Single family homes will maintain the neighborhood feel of our subdivision. A condo will not. We are also concerned about property values. Who wants to buy a house with a view of a 4 story construction? The proposed condo would affect our property value of and the property values of the other houses along Cypress Court. Perhaps even all the houses in the Hickory Trail neighborhood. There are already too many condos on 1 st Ave extension. Many people enter Iowa City from this route. Adding yet another condo just makes the impression worse. Please drive by the proposed lots and envision what single family homes would look like and not another condo on your drive into the East side of Iowa City. Sincerely, Jennifer & Bruce McDonald 855 Cypress Ct., Iowa City, IA John Yapp From: Kusiak, Andrew <andrew- kusiak @uiowa.edu> Sent: Tuesday, April 29, 2014 9:45 PM To: John Yapp Subject: Resoning Commission From: Andrew and Anna Kusiak 2629 Hickory Trail Iowa City, IA 52245 To: City of Iowa City Planning and Zoning Commission I am writing in response to the proposed rezoning of land parcels 100153001 N. 1St Ave and 100135002 N. 1St Ave. We purchased our home at 2629 Hickory Trail in 1988 with the knowledge that the land around our property was zoned for single family homes. My wife and I oppose the proposed rezoning of the property from RS5 low density single family homes to OPD5 with the intent of constructing a multi -unit property. My and all the neighbors we know are all against breaking the promise made to us decades ago. Building a multi -unit housing at this this time is unacceptable to us and it should not be in the interest of the City. There is no doubt that the property value will decrease, and ultimately the tax base will be affected. Properties will become more difficult to sell. Multi- housing units should be built where they belong, planned in advance, rather than attached to the existing single -home areas at poorly planned, leftover lots. It appears that the decision to build a multi -unit housing is driven by greed of the developer over the wellbeing of the long -time residents and appearance of the neighborhood. We hope the City of Iowa City Planning and Zoning Commission will protect our area from a multi -unit home invasion. 833 Cypress Court Iowa City, IA 52245 April 29, 2014 Dear Members of the City of Iowa City Planning and Zoning Commission: We have learned that an application for a proposed rezoning of land parcels 100153001 N. 1St Ave and 100135002 N. 1st Ave. has been filed with the Planning and Zoning Commission. As owners of a single family home on the bordering property we are writing to express our concern and opposition to the proposed rezoning of the property from RS5 low density single family homes to OPD5 with the intent of constructing a multi -unit dwelling. We purchased our home at 833 Cypress Court in 1994 with the knowledge that the adjacent land was zoned RS5 for single family homes and the confidence that when the lots behind us were eventually developed, the single family homes and properties would follow the same character and integrity of the rest of the neighborhood. When we moved to Iowa City 20 years ago we looked for the right neighborhood for our young family. Happily, we found the Bluffwood Neighborhood and Cypress Court. We felt that we were not only buying a home in the neighborhood but making an investment in the neighborhood and in the community — for us and for our children. If in 1994, the property behind us were zoned for anything other than RS5, we would not have purchased our home. The current owner of the property, Mr. Jesse Allen, purchased the land on April 2, 2014 and less than two weeks later presented a proposal for the property at a Good Neighbor Meeting — a proposal that calls for a large multi -unit dwelling of 11 units, with a request for rezoning. The plan and vision that Mr. Allen has for the property does not coincide with expectations of the neighboring homeowners: single family homes as established by the current zoning ordinance for that property which has been in existence for more than 25 years. In the last 13 years six multi -unit condominium complexes have been built or are slated to be built along 1st Avenue North from Hickory Trail to Rochester Avenue, with total number of 104 units in these buildings. We appreciate Mr. Allen's willingness to meet with neighbors as part of the Good Neighbors Program, but we are concerned that he has not truly taken into account a very important part of the program, "View it From Their Perspective." From our perspective, the proposed rezoning would negatively impact our quality of life, character of the neighborhood, and our property values. The property is the gateway to our neighborhood. We entrust that the City of Iowa City Planning and Zoning Commission will listen to the concerns of homeowners about the proposed rezoning of the property and will protect the established zoning code of RS5. Respectfully submitted, William Synan Ann Synan Bob Miklo From: Miriam Gardner < m imidoctor@g mail. com > Sent: Tuesday, April 29, 2014 11:40 AM To: PlanningZoning Public Subject: Upcoming rezoning meeting As a homeowner of 2620 Hickory Trail, I would like to make comment on the possible rezoning of the parcel of land on First Ave which is immediately adjacent to my home near the corner of Hickory Trail and First Ave. My husband and I bought the home 15 years ago and have seen development proceed with single family homes built along the West end of Hickory Trail. First Ave extension was also completed with the road going through all the way to Scott Blvd and ACT. These housing and road improvements were expected and appreciated for their contribution to the neighborhood in positive ways. I also fully anticipated that 6 -8 single family homes would gradually be built along the property adjacent to ours along First Ave., as that is what the land is currently zoned for. I was not prepared for a proposal for a large 11 unit condominium to be built there. Such a structure is not in keeping with the neighborhood we have grown to love. I also question the need for another such structure on First Ave. when there are multiple condos with empty units along this road already, many of which end up as rentals when not quickly purchased. There is a large condominium under construction across from the proposed area, with a four story height due to the fact that the " basement" level was placed above ground and soil was piled up around it. In addition, its high roofline creates a high profile for a two story building. I can imagine something similar will occur with an 11 unit condo on the opposite side of the road, where the proposed units are to go. In summary, my husband and I are in opposition to any change in the zoning for this area. Thank you, Sincerely, Miriam C. Gardner 2620 Hickory Trail Iowa City, IA 52245 - Miriam and Norbert J. Pienta Bob Miklo From: Schulein, Thomas M <thomas- schulein @uiowa.edu> Sent: Tuesday, April 22, 2014 8:53 PM To: Bob Miklo; Bob Miklo Subject: Proposed Housing Development in my neighborhood Hi Bob, Tom Schulein here, a resident at 811 Cypress Court in Iowa City. I am writing to voice my objection to the the proposed change in zoning from single family to multifamily, which is in the area behind my home, the area which is on the east side of First Avenue and just north of the First Avenue - Hickory Trail intersection. There are two lots which the proposed change is concerned with, with references such as 42 and 43 and 1001353001 and 1001353002. When we moved in, we were told that the area behind us was zoned for single family homes and I object to the proposal that this area be changed either with rezoning or by way of an overlay (I'm not sure of the exact term). I have a concerned group of neighbors which attended the recent meeting at Regina High School, at which time the proposal was put forth to us. Also, several of us met at the Bill Synan residence at 833 Cypress Court this evening and we seem to be unanimous in our objection. Thank You, Tom Schulein June 17, 2014 Iowa City Planning and Zoning Committee Dear Committee Members: We are writing to express our concerns regarding the ongoing changes and proposed future changes to the Bluffwood neighborhood. We previously lived at 835 Cypress Court, one block from North First Avenue, for ten years while raising three of our four children. We have always lived on the east side, preferring its quiet, family oriented neighborhoods and close to nature setting. Proximity to Regina, to which our children could safely walk, was also important to us. Equally important was the comfortable mix of single family homes and zero lot line housing, with real back yards in which to play, raise gardens, barbeque, etc. When it came time to downsize, we chose to remain in the Bluffwood neighborhood in the Rochester Hills Condominium development. There we found a similar setting of primarily duplexes with large, shared "yards ", gardens, and plenty of space, surrounded by natural beauty and friendly neighbors. Our old Bluffwood neighborhood by North First Avenue appears to be changing rapidly, and not for the better. First, the city approved the extension of North First Avenue to Scott Blvd., with its predictable, dramatic increase in car traffic and higher speeds off of 180, with its attendant dangers to pedestrians, especially school children and elderly adults. Now two high rise, multiunit developments have been approved, tearing down most of the natural woodlands on the west side of North First Avenue and a third such multiunit development has been proposed for the remaining east side acreage. We would strongly urge the Iowa City Planning and Zoning Commission to abide by the current master city zoning plan and decline the request for yet another zoning variance which would allow construction of an additional multiunit building. Sincerely, Douglas R. LaBrecque, MD, FACP Emeritus Professor of Internal Medicine University of Iowa Judy 0. LaBrecque June 14, 2014 Dear Members of City of Iowa City Planning and Zoning Commission: We, the undersigned neighbors living in the Iowa City Bluffwood neighborhood are opposed to the proposed rezoning of the property on the NE corner of First Avenue /Hickory Trail from RS5 low density single family homes, to OPDS with the intent of constructing an 11 -unit dwelling. We believe that a change to the proposed zoning code and approval of this proposed development project would negatively impact the character of our neighborhood and our property values as well as our or quality of life. Specifically: • The aforementioned property is the gateway to our Bluffwood neighborhood community, and as such, it should complement and enhance the unique character of the neighborhood. • The property is also adjacent to Hickory Hill Park and should complement this wonderful park. • The city's 2030 comprehensive plan specifically notes: • The Bluffwood Neighborhood "illustrates a largely single - family residential neighborhood with opportunities for duplex and zero lot line housing to be integrated throughout, and townhouses and small scale apartments..." • "Encourage a reasonable level of housing diversity". • "The predominant land use in the Bluffwood Neighborhood will be detached, single - family residential." • "Where density increases occur or lot sizes are reduced, the design of both the streetscape and structures within a development should receive careful review to ensure compatibilib#in terms of appearance and scale. The Comprehensive Plan design guidelines for neighborhood development should be used to address issues, such as the orientation of structures and parking to the street, building mass and articulation, the location of garages and driveways and the use of landscape buffers." • Currently the number of units in multi -unit dwellings and duplexes /triplexes outnumber the number of single family homes in the Bluffwood Neighborhood. We believe that given the number of multi -unit dwellings already built, or are being slated to be built, along North 1�` Avenue, we do not need another multi -unit complex on this site, nor do we approve of the disproportionate increase in density on this parcel. • The property has been zoned for single family homes for approximately 30 years. We believe that this zoning designation has protected the stability and integrity of the Bluffwood neighborhood and the quality of life of Bluffwood Neighborhood residents. • The proposed multi -unit condominium complex would bean intrusion on the character and privacy of the neighboring single family homes, dominating the landscape day and night. • We are concerned about other environmental and ecological ramifications of a multi -unit dwelling of this size and the possible impact that this development could have on Ralston Creek and Hickory Hill Park. We are encouraged that the Iowa City Planning and Rezoning Commission elected to defer a decision on this rezoning request at the June 5, 2014 hearing and we are hopeful that the Commission will consider our concerns and our rights as current homeowners as you decide on a recommendation to the City Council. If we can be of any service to the Commission during the deliberations process please do not hesitate to contact us. Sincerely, Letter to Iowa City Planning and Zoning Commission Page two Letter to Iowa City Planning and Zoning Commission Page two �I 1' i 7mb ' IN Date: June 13, 2014 CITY OF IOWA CITY MEMORANDUM To: Planning and Zoning Commission From: John Yapp, Development Services Coordinator Re: REZ14- 00005: Rezoning from RS -5, Single Family Residential to OPD -5, Planned Development Overlay and Sensitive Areas Development Plan, for the north east corner of First Ave and Hickory Trail Introduction At the June 5 Commission meeting, the Commission requested information on the percentage of multi - family dwellings in the Bluffwood Neighborhood compared to other neighborhoods. Multi- family dwellings are defined as structures with three or more units. The process of determining the percentage of multi - family dwellings proved to be labor intensive. We chose two neighborhoods to compare the Bluffwood Neighborhood to: The Lindemann Hills neighborhood, which is another neighborhood in the Northeast District, and the Willow Creek Neighborhood, a defined neighborhood on the west side of Iowa City (see attached maps). All of these neighborhoods share common traits in that they have an arterial street, an institutional use (Regina Campus, St Patrick's Church, West High School respectively), and are from generally the same era of development. We were also able to obtain the city -wide percentage of multi - family dwellings. Data Area Single- Family / Multi - Family Total Duplex Bluffwood 205(64.7%) 112(35.3%) 317(100%) Bluffwood w/ west side 205(57.1%) 154(42.9%) 359(100%) First Ave Lindamann Hills 453(51.6%) 425(48.4%) 878(100%) Willow Creek 1,447(39%) 2,268(61%) 3,715 (100 %) City - Wide 16,054 (55.6 %) 12,829 (44.4 %) 28,883 (100 %) "2012 American Community Survey data The data shows that with the multi - family buildings on the west side of First Ave included in the Bluffwood Neighborhood (including the un- constructed Jeff Miller building), the Bluffwood Neighborhood is made up of approximately 43% multi - family dwellings. This is slightly less than the City -wide average, and less than the other neighborhoods we examined. One note of caution is that these percentages should be considered a 'point in time' as the Bluffwood and Lindemann Hills Neighborhoods are still developing. The City -wide average has not changed significantly in recent years. June 13, 2014 Page 2 Northeast District Plan The Commission asked for Comprehensive Plan guidance for multi - family development. Page 17 of the Northeast District Plan states "Townhouse and small apartment buildings are proposed at the edges of the neighborhood, where this slightly higher density housing can take advantage of being located near major arterial streets such as First Ave... This will allow for a variety of housing without directing vehicular traffic through the neighborhood." While the proposed project at First Ave / Hickory Trail is a multi - family structure, the applicant is not proposing an increase in overall density over what is possible with a single family development (11 units, or approximately 3 units per acre). Updated information from applicant The applicant has provided additional graphics, and has clarified on the site plan that the project is proposed to include nine 3- bedroom units and two 2- bedroom units (see attached). The additional graphics include a representation of the undisturbed open space for the project along with changes made to the project since the Good Neighborhood meeting; and updated images of the building revised to show grading more accurately. Staff Recommendation Staff recommends approval of REZ14- 00005, an application submitted by Allen Homes for a rezoning from Single Family Residential (RS -5) to Overlay Planned Development (OPD -5) and a Preliminary Sensitive Areas Development Plan subject to general conformance with the plan submitted, and subject to the final building design complying with the multi - family site design standards in City Code Section 14 -213. ATTACHMENTS: 1. Neighborhood maps with multi - family dwelling percentages 2. Color site plan submitted by applicant 3. Updated building elevations 4. Updated site plan A Approved b Doug Bo hroy, Director Departm t of Neighborhood an evelopment Services PROPOSED PRAIRIE SEED AREA REQUESTED BY NEIGHBORS NO RISE IN DENSITY (oP 5) ACCESSIBLE ACCESS WI ELEVATOR TO ALL UNITS VISITORPARKING TURNED AWAY FROM ADJACENT PROPERTIES REQUESTED BY NEIGHBORS REDUCED RETAINING WALL SINGLE ACCESS DRIVE OPD -e (GREATS DENSIT' (GREATER \ DENSITY( \ \ \ \\`O The OPD zone is intended 0 A. Provide flexibility in the design, placement and clustering of buildings; mixture of land uses; use of open space; traffic circulation and parking; and related site and design considerations; B. Encourage the preservaton and best use of existing landscape features through development that is sensitive to the natural features of the surrounding area; C. Promote efficient land use with smaller utility and street networks while maintaining pedestrian oriented street frontages; 0. Encourage and preserve opportunities for energy efficient development; E. Promote an attractive and safe living environment compatible with surrounding residential developments; F. Provide an alternative method for redeveloping older residential areas; and G. Encourage infill development, (Ord. 054186. 12 -15 -2005) NEUMANN MONSON ARCHITECTS H O = ~ M W x W J Z ap .i Q .> W W W IT � M � W N ,i 3� Ln Z 0 a 5 0 a 0 m H Z W f W U w F- x 0 Z_ a g 0 s a 0 m F Z W X w U LU w L7 m w J Z x F J x a a J IIHU4 a LU J 017 Z Y elf a J J Y ¢ U O Z W Z a W u m m mm ,.o -.se LLI W N Q m 2 K W J Z ao ri rl Q W> LU J Q LU � M N Q •i W Ln llpillj� S TI w 0 L.L Q a J a Z� w a. VJ J w W = Wo0 W C) �o �- Qz w Q U >�0 F — r5 Z W CO } z0 g J J Q wZ w aQ N H O J R 3 €q9 tl0ty ?�G :a pp� it € 'gip -' s§;f?..� `'o�ie� ��� aaaaaa;���sppspiisgsg°pkg§�¢a¢ pgplao� � p9 �j€���p § ?!i § €!P @IixBpA� @!11 €k� E 0 9 j UP- Ll ®® n � in.{ °�r��111nn¢IIIII_ Paige��11111 III Apy ■ ■p nlll`�II II II ��II !a a arm lP �° !.lpi x€ 4lE E °p3ppspEE � a€ y }yy €y:2P�e �v 9 j UP- Ll ®® n � in.{ °�r��111nn¢IIIII_ Paige��11111 III Apy ■ ■p nlll`�II II II ��II PLANNING AND ZONING COMMISSION JUNE 19 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Ann Freerks STAFF PRESENT: Bob Miklo, John Yapp, Sara Greenwood Hektoen OTHERS PRESENT: Bill Synan, Bruce McDonald, Ann Synan, Dave Zahradnick RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 4 -2 (Thomas and Swyard opposed) to recommend approval of REZ14- 00005, an application submitted by Allen Homes for a rezoning from Low Density Single Family (RS -5) zone to Planned Development Overlay (OPD -5) zone and a preliminary sensitive areas development plan subject to general conformance with the plans submitted and subject to the final building design complying with the multi - family site design standards in the City Code Section 14 -213. The Commission voted 5 -1 (Martin opposed) to recommend approval of REZ14- 00007, an application for a rezoning from Central Business Service (CB -2) zone to Central Business Support (CB -5) and for the building's designation as a Historic Landmark subject to a Conditional Zoning Agreement on the CB -2 height regulations at 203 N. Linn Street. 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. Rezoning / Development Items REZ14 -00005 Discussion of an application submitted by Allen Homes for a rezoning of approximately 3.6 -acres of property from Low Density Single Family (RS -5) zone to Planned Development Overlay (OPD -5) zone to allow construction of an 11 -unit multi - family building located at the NE corner of First Avenue and Hickory Trail. Yapp showed a map and aerial photo of the subject property and the surrounding neighborhoods. He directed the Commission's attention to a graphic submitted by the applicant showing the extent of the proposed undisturbed open space on the subject property, consisting of the creek along the east property line, the wetlands along the creek and a one - hundred foot wetland buffer. Planning and Zoning Commission June 19, 2014 Page 2 of 8 Yapp said that in response to the Commission's request at the last meeting, staff computed the average of single family and multi - family buildings in the Bluffwood neighborhood, which currently consists of approximately thirty -five percent multi - family dwellings and sixty -five percent single family dwellings. He said including the multi - family dwellings on the west side of First Avenue the numbers change to approximately forty -three percent multi - family and fifty - seven percent single family. He said the Bluffwood neighborhood's average is slightly less than the city -wide average and that of two comparable neighborhoods. Yapp said the Northeast District Plan states that townhouses and small apartment buildings are proposed at the edges of the neighborhood. He said that while this application is for is a multi- family dwelling it is not an increase in density in that eleven single family lots could be permitted on the subject property. Yapp said the applicant has clarified that the proposal is for nine three - bedroom units and two two - bedroom units. He said staff recommends approval subject to general conformance with the plans submitted and that the final building design complying with multi - family design standards. Eastham asked if the Comprehensive Plan is neutral about rental versus owner. Yapp said it is equally supportive of both types of housing. Eastham opened public discussion. Jesse Allen, the applicant, said the Planned Development Overlay Zone (OPD) that he chose to zone this property is based on the Comprehensive Plan of the Northeast District. He said they are not impacting one tree on the site with the proposed design and they are also protecting all of the green space and the wetland and the stream corridor on the subject site. He said the Plan encourages energy efficient development, and he said this project will offer LED lighting and high efficiency equipment. He said as an infill development, they will be able to connect bicycle and pedestrian traffic. He cited all the ways this development complies with the Neighborhood Planning Principals from the Northeast District Plan of 1998. Dyer asked what percentage of the property will be developed. Allen replied that out of the 3.59 acres they are impacting ten percent. Dyer asked about his choice of evergreen trees along the east side of the property instead of using a mix of varieties. Allen said they will use three different types of evergreens and that they chose them because they don't drop their leaves, but they will use whatever the City Forester approves. Eastham asked where the retaining walls will be located on the proposed design. Allen pointed out the two planned on the property and said the maximum height will be seven feet. Eastham asked if it's possible to terrace the retaining walls. Allen said that would be possible. Eastham asked if they will be excavating to provide parking under the building. Allen said they are using the natural slope of the land so there will be very little digging. Eastham asked if it would be possible to lower the height of the building. Allen said they could lower the building by changing the floor elevations, the wall heights or the roof design. Bill Synan of 833 Cypress Court said vehicle traffic on the subject property will impact the privacy of single family homes in the Bluffwood Neighborhood. He showed several examples of other multi - family structures in the neighborhood that, unlike the proposed building, do not have vehicle traffic crossing behind single family homes. He said the two neighborhoods chosen for comparison in the staff report have factors coming into play that the Bluffwood Neighborhood does not. He said according to the Comprehensive Plan the predominant land use in the Planning and Zoning Commission June 19, 2014 Page 3 of 8 Bluffwood Neighborhood will be detached, single family residential. He said there are actually 176 single family units in this neighborhood and 178 multi - family structures. Bruce McDonald of 855 Cypress Court said he was in favor of building duplexes on this site. Ann Synan of 833 Cypress Court read excerpts from new correspondence from residents Doug and Judy LeBreck urging the Commission to abide by the current City Master Zoning Plan and decline this request for another zoning variance which would allow construction of another multi- unit dwelling. She said she thinks duplexes would be better for the subject property. Dave Zahradnick of Neumann Monson Architects said from the beginning the developer wanted to preserve the green space on the subject property. He said the way this development is being proposed is the right way to go in order to fit into the neighborhood and lessen its impact. Eastham closed public discussion. Thomas moved to recommend approval of REZ14- 00005, an application submitted by Allen Homes for a rezoning from Low Density Single Family (RS -5) zone to Planned Development Overlay (OPD -5) zone and a preliminary sensitive areas development plan subject to general conformance with the plans submitted and subject to the final building design complying with the multi - family site design standards in the City Code Section 14- 213. Martin seconded. Martin said she likes the orientation of this development in that the least amount of land is being disturbed. She said she's a fan of more condensed building and maintaining that wetland area. Theobald said she agrees with Martin, but she does take issue with the landscape choices. She said conifers are not necessarily good in wet areas. She said she agrees with Dyer's idea about using a mix and being very careful about tree selection and thinks the applicant could really impress the neighborhood with landscaping. She said she thinks the design is a good use of the space. Eastham asked staff for clarification about how the City, in approving the final plat, will decide what trees to require. Miklo said the plan that they see is what they get, but if the Commission is concerned they can amend their motion to indicate the need for a mixture of trees. Theobald said she would like to do that. Greenwood Hektoen said she didn't think that could be a condition they could impose. Miklo disagreed, saying that Planned Development is all about design. Theobald said she would encourage the applicant to take advantage of counsel from the City Forester. Yapp said staff would be happy to talk to the applicant about the landscaping plan. Dyer said a mixture of trees would be more in keeping with the trees already on the subject property and would be more natural. Planning and Zoning Commission June 19, 2014 Page 4 of 8 Thomas said the Northeast District Plan does reference the Comprehensive Plan's design guidelines for neighborhood development, and he said in the section "New Neighborhoods Diverse Housing Types" it states that "small multi - family lots of approximately 12,000- 16,000 square feet of low density multi - family zoning are appropriate at the intersection of collector and arterial streets", which would be similar to Hickory Trail and First Avenue. He continued, "lots of this size will assure that the resulting apartments buildings will be no more than 4 -6 units per building. Buildings of this size can be designed to be of a similar height and appearance as single family housing ". He said this reveals an issue about the multi - family development on First Avenue, which is that even at low densities if the site is three or 3.5 acres the result can be a very large building. He said he thinks there is a disconnect on First Avenue between the multi- family buildings and the single family character of the Bluffwood Neighborhood that affects the overall integrity of Bluffwood. He said whatever the building type, it should contribute to a sense of wholeness within the neighborhood, and right now First Avenue feels separate and distinct from the neighborhood areas. He said the proposed project has a lot of positives but he can't accept the size of the building in that location as it's proposed. He said he thinks there is a compelling reason to argue for a smaller building or buildings. Thomas named a number of housing types allowed under RS -5 — duplexes, attached single family, attached zero lot line, and single family. Miklo clarified that the attached single family and attached zero lot line in the RS -5 zone is only on the corner lots. Thomas said there are good examples of multi - family along First Avenue. He said the subject site is a beautiful one and if the density is kept at five units per acre it's possible to develop it with only minor encroachment into the stream corridor. He said early development along First Avenue was done thoughtfully and then over time the desire to preserve open space and sensitive features has begun to override the compatibility of the building type with the neighborhood. He said right now the size of the proposed building is too big. Thomas explained that the Comprehensive Plan was saying that with multi - family development, if you want to limit the building size you limit the lot size. Miklo clarified that that referred to zoning something multi - family. He said this case is a little different in that you aren't zoning something multi - family but rather clustering something that's in the RS -5 zone. Thomas argued that you are ending up with a building that is a multi - family zone type building that he would place in a more highly developed area because of its size and the bulk. He said the key issue for him is if that if they don't regulate along the lines of building height and width on large lots, even if the density is low you can end up with a very large building that may no longer be compatible with the low density residential development around it. Eastham asked if eleven 1500 square foot buildings would be more desirable to Thomas for this space than a building of the proposed square footage. Thomas said to him it is a building scale and type issue. He said the types allowed under RS -5 all typically emphasize the individual household, with individual entries and more of a sense of individual identity to the housing unit. He said the key issue here is the transitional quality, an infill development fairly late in the development of the neighborhood on the edge of an existing residential neighborhood where you want to moderately increase the intensity of use. He said that suggests to him the types of building types you find provisionally allowed in an RS -5 neighborhood. He said multi - family might even work, depending on how you do it and based on the existence of successful multi - family in that neighborhood. He said there has been an emphasis on the overall density of the parcel without consideration of how that density is distributed over the property. He said when you concentrate that density in a small portion of the Planning and Zoning Commission June 19, 2014 Page 5 of 8 site, especially at a high elevation relative to the surrounding neighborhood, it's no longer going to feel like a transition but rather a distinctly different element within the area. Theobald said she understands Thomas's concern about the design and transition, and if you go along First Avenue, there are buildings that have been done much better than others. She said thirty -five feet isn't all that high though. She said she thinks this proposed project has the potential to use the site very well, and she is in favor of keeping more of the green space and loves that the trees will be preserved. Thomas said the building height could actually go as high as forty -two feet, but it's not all about the height. He said he does believe it's possible to develop the subject project in an interesting way and preserve all the qualities they want to. Martin said she likes the design before the Commission. She said for her this works as transition because of all the large buildings on the other side of First Avenue. Dyer said this is a good solution to infill development. She said First Avenue is an arterial and the Comprehensive Plan talks about multi - family dwellings on arterials. She said she likes the fact that there's only one driveway compared to the ten or twelve if there were single family dwellings planned. She said this proposed building is comparable in many respects to the building across Hickory Trail, which also preserves a lot of green space. She said it's not as if this proposed building is on the smallest dimension of the property or closer to the neighboring houses. She said it's a good solution in contrast to the building across the street. Swygard said she's gone out to the subject property, as have the other Commissioners, and she keeps going back to the Comprehensive Plan for this particular neighborhood. She said the Plan does say that it's largely single family with opportunities for duplexes or zero lot line integrated throughout and small -scale apartments located along arterial streets. She said the project does abut an existing single family neighborhood unlike some of the other developments along First Avenue. She said she thinks this proposed project affects that neighborhood more than some of the other projects along First Avenue. She said she can't support this particular plan because there has to be a little more balance in this area. She said it's very concentrated along First Avenue and she doesn't know how much more can be developed, and it reminds her of the top of Benton Street where it is lined with apartments to the point where it's uninteresting and not diverse and doesn't provide different housing types. Eastham said he thinks the Comprehensive Plan is an attempt by the community to decide how they are going to share their space, and the sharing is the key thing. He said he was already familiar with the area before he went out there and was invited into the backyard of a resident on Cypress Court for a view of the proposed site. He said he personally would like to see diverse housing types throughout a neighborhood. He said the Comprehensive Plan doesn't have a preference about housing type or ownership versus rental. He said the proposed project fits into the OPD zoning scheme for RS-5., He said that preserving the existing natural habitat on this side of First Avenue is of value. He said he is trying to determine how the design would balance out the preservation of green space. He said he doesn't think this is an unacceptable use of this space. Thomas said he didn't want to convey that he thinks this is a bad proposal, but he just can't accept it in its current form. He said how it might be more acceptable to the neighborhood is an extremely important part of this conversation as the residents are a measure of what's working and what isn't. 113 C_ Prepared by Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52220° 319- 3M -523r - (REZ14- 00005) M "U M ORDINANCE NO."' AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3.59 ACRESm OF VEC3PERTY LOCATED EAST OF FIRST AVENUE AND NORTH OF HICK NY TRAIL, FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY PLAN ED DEVELOPMENT OVERLAY. (REZ14- 00005) WHEREAS, the applicant, Allen Homes, Inc. has requested a r Avenue and ri h of Hickory Trail from Low Density Single Family R Development O erlay (OPD -5); and WHEREAS, he Comprehensive Plan and Northeast District sensitive (nrn n ntal features are appropriate for clustered reside WHEREAS, thX Planning and Zoning Commission has, th determined that it co lies with the Northeast District Plan provi c protection of environm tally sensitive areas and creation of a rac and ing of property located east of First ntial (RS -5) to Low Density Planned Plan indicate that the properties with rial development; and reviewed the proposed rezoning and that it meets conditions addressing the ive, pedestrian - friendly neighborhoods; WHEREAS, Iowa Co\Low 4.5 (2013) provides that th City of Iowa City may impose reasonable conditions on granting an ant's rezoning request, ov, and above existing regulations, in order to satisfy public needs causee requested change; and WHEREAS, the owneplicant has agreed that th property shall be developed in accordance with the terms and conditions Conditional Zoning Ag ement attached hereto to ensure appropriate development in this area o. NOW, THEREFORE, O AINED BY THE ITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVject to t Conditiona Zoning Agreement attached hereto and incorporated herein, property described is hereb eclassifi from its current zoning designation of Low Density Single Family Residential (o Low Dens Plan ed Development Overlay (OPD -5): LOT 42 AND LOT 43, FIRST AND ROC STER, PART ONE, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT REC ED IN PLAT BOOK 23 AT PAGE 78, IN THE RECORDS OF THE JOHNSON /law. Y CORDERS OFFICE, CONTAINING 3.59 ACRES AND SUBJECT TO EASEMENRES ICTIONS OF RECORD. SECTION II. ZONING MAP. The buial is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to o this amendment upon the final passage, approval and publication of the ordinance as approved SECTION III. CONDITIONAL ZONI EEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Co ditional Zoning Agreement between the property owner(s) and the City, following passage and approval o this Ordinance. SECTION IV. CERTIFICATION ND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and irected to certify a copy of this ordinance, and record the same in the Office of the County Recorder, J nson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this or Inance, as provided by law. SECTION V. REPEALER. I ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed SECTION VI. SEVERABI ITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, s ch adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part t reof not adjudged invalid or unconstitutional. SECTION VII. EFF CTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as proxilided by law. Passed and approved this day of , 2014. Ordinance No. Page 2 MAYOR ATTEST: CITY CLER Appr ed by City Attorney's Office/ r C-? r- rq N G7 c J -t7 G�J W r..n Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is m e between the City of Iowa City, Iowa, municipal corporation (hereinafter "City "), and Alle Homes, Inc. (hereinafter "Owner" or "App icant "). WHEREAS, Owner is a legal title holder of approximat y 3.59 acres of property located east of First Avenue ari'd orth of Hickory Trail; and r­.7 WHEREAS, the Owner has equested the rezoning of s 'd property fr fq*ov�Densi�ji Single Family Residential (RS -5) to L w Density Planned Develo ment Overlay)Of ) -s , and — C-) WHEREAS, the Comprehensive nand Northeast Di rict Plan indicatt pErFertiff with sensitive environmental features are propriate for clus red residential dekemebt; ar WHEREAS, the Planning and Zoning ommission s determined that, i th apmpriate conditions regarding the protection of environ entally se sitive land and compliance with' multi- family site design standards, the requested zo 'ng is c sistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) prove es that the City of Iowa City may impose reasonable conditions on granting an applicant's a oning request, over and above existing regulations, in order to satisfy public needs cause y t e requested change; and WHEREAS, the Owner acknowledge that ce in conditions and restrictions are reasonable to ensure the development of th property is onsistent with the Comprehensive Plan and the need for the protection of en ronmentally s sitive areas and the creation of attractive, pedestrian - friendly neighborhood , and WHEREAS, the Owner agrees to deve p this property in ac ordance with the terms and conditions of a Conditional Zoning Agre ent. NOW, THEREFORE, in considerati of the mutual promises con \desibed rein, the parties agree as follows: 1. Allen Homes, Inc. is the le al title holder of the property legally as: LOT 42 AND LOT 43, F ST AND ROCHESTER, PART ONE, ITY, IOWA, IN ACCORDANCE ITH THE PLAT RECORDED IN PLAT BOOK 23 AT, PAGE 78, IN THE RECORDS V THE JOHNSON COUNTY RECORDERS OFFICE, qONTAINING 3.59 ACRES AN SUBJECT TO EASEMENTS AND RESTRICTIONS OF R CORD. 2. The Owner a nowledges that the City wishes to ensure conformance to the principles of the Co rehensive Plan and the Northeast District plan. Further, the parties acknowle a that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose asonable conditions on granting an applicant's rezoning request, over and above a existing regulations, in order to satisfy public needs caused by the requested ppdadm /agt1rez14 -00005 first ave cza final.doc 1 change. 3. In consideration of the City's rezoning the subject property, the Owner and Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Developme of the property shall generally conform w' h the Preliminary Sensitive Areas Site I and elevation drawings attached to this reement. b. Final building esign shall be subject to compliant with multi - family site design standards in Cit ode Section 14 -2B. 4. The Owner and City a nowledge that the conditions contained herein are reasonable conditions to impose o the land under Iowa Co a §414.5 (2013), and that said conditions satisfy public ne s that are caused by th requested zoning change. 5. The Owner and City acknowl ge that in the ev t the subject property is transferred, sold, redeveloped, or subdivid , all redevelop ent will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this C dition Zoning Agreement shall be deemed to be a covenant running with the land and ith t' le to the land, and shall remain in full force and effect as a covenant with title to th I nd, unless or until released of record by the City of Iowa City. The parties further acknowledge that thi agr ment shall inure to the benefit of and bind all successors, representatives, and a igns o he parties. 7. The Owner and Applicant ackno ledges that nothing in this Conditional Zoning Agreement shall be construed to r eve the Owner r Applicant from complying with all other applicable local, state, and f eral regulations. 8. The parties agree that this Co ditional Zoning Agree ent shall be incorporated by reference into the ordinance re oning the subject property, and that upon adoption and publication of the ordinance, is agreement shall be recor d in the Johnson County N Recorder's Office at the Appli ant's expense. c , Dated this day of , 2014. '� CITY OF IOWA CITY ca �� Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, Cit Clerk By: Approved by: ppdadm /agt/rez14 -00005 first ave cza final.doc 2 ,4, City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged 'Before me on Hayek and Marian K. Karr as Mayor CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged 20_ by Matthew J. ity Clerk, respectively,)bf the City of Iowa City. ry Public 0 and for the State of Iowa or Title (andpank) me on Notary Public in and for said (Stamp or Sea[) Title (and Rank) ppdadm/agt/rez14- 00005 first ave cm final.doc 3 2014 by of )ur 2bd mate C") -°-- r c ° ' c13 c..i lrt ul r gg� � . fill Il IF i I Me I j , - ►mnmm•99�14� - - • • ......... .. w C6 Illill wjlll� IN V.- z u 2 —J JIL < RZ4 Fri tea I- Lr) H o =� ccyiw I Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5252 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLE D, TEMPORARY USES, TO ALLOW OUTDOOR SERVICE AREAS ASSOCIATED WITH RESTAURANTS AS TEMPORARY USES IN RESIDENTIAL AND MIXED -USE ZONES. WHEREAS, Outdoor Service Areas for alcohol service are currently permitted only in certain commercial zones; and WHEREAS, With the addition of regulatory conditions, restaurants in mixed -use zones and residential zones which would benefit from being able to have a limited Outdoor Service Area, with the added benefit of creating enhanced business opportunities along with improving the viability of walkable neighborhood establishments; and WHEREAS, Outdoor seating in an Outdoor Service Area associated with a restaurant is a desirable use for restaurant patrons, provided there are conditions related to limit the size and scope of the Outdoor Service Area; and WHEREAS, Outdoor Service Areas permitted as a temporary use will not be considered an expansion of a non - conforming use as the Outdoor Service Area is temporary; and WHEREAS, The City regulates various aspects of Outdoor Service Areas through regulatory provisions concerning location, screening, exits, occupancy, noise, signage and building code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: 1. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 2, Temporary Uses Allowed, is hereby amended by adding a new subparagraph as follows: An Outdoor Service Area, as defined in Title 4, operated in conjunction with a licensed establishment that is a nonconforming eating establishment, an eating establishment allowed pursuant to a residential planned development overlay zone, or an eating establishment located in the Mixed Use Zone. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 4, Approval Criteria is hereby amended by adding a new subsection "I" as follows: Where an Outdoor Service Area is allowed only as a temporary use pursuant to this Article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria: 1. The outdoor service area is operated in conjunction with a a "restaurant" as defined in Title 4, Alcoholic Beverages; 2. The outdoor service area shall only be operational while the establishment is serving food from an on- premises kitchen and the outdoor service area must be closed to all patrons by ten o' clock (10:00) P.M. or when the kitchen is closed, whichever is earlier. 3. The outdoor service area occupancy limit shall not exceed thirty (30) persons. 4. A lighting plan for the outdoor service shall be filed with the application and approved by the Building Official. Ordinance No. Page 2 5. The Outdoor Service Area is located on the street - facing side of the building, or in an enclosed courtyard. 6. Conformance with all other criteria in Title 4, Alcoholic Beverages. 3. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 5, Conditions of Approval, Subsection A is hereby amended by repealing said Subsection A and adopting a new Subsection A as follows: A. Provision for a fixed period of time, not to exceed one hundred eighty (180) calendar days, for a temporary use not occupying a structure, including promotional activities; , or one year for Outdoor Service Areas, all other uses, and structures; or for a shorter period of time as determined by the Building Official. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 MAYOR ATTEST: CITY CLERK Approved by " - City Attorney's Office � / , /� f Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: AYES: Payne, Throgmorton. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 07/15/2014 that the Botchway, Dickens, Dobyns, Hayek, Mims, NAYS: None. ABSENT: None. m%7t1ii' CITY OF IOWA CITY MEMORANDUM Date: May 29, 2014 To: Planning and Zoning Commission From: John Yapp, Development Services Coordinator Re: Outdoor Service Areas associated with restaurants in residential and mixed -use zones Introduction U 1-15-14 an The City Council recently received a request from Amy Pretorius to permit an Outdoor Service Area for alcohol service associated with a restaurant in the Peninsula Neighborhood. The restaurant is permitted in a residential zone by special exception as part of the Peninsula Planned Development. The City has also received an inquiry from the new owners of the restaurant at the corner of Iowa Ave and Dodge St, which is a legally non - conforming restaurant in a Neighborhood Stabilization Residential (RNS -20) zone. We expect similar requests in the future in the Riverfront Crossings District and other mixed -use zones / planned developments. The City Council directed staff to prepare an amendment to allow Outdoor Service Areas in residential and mixed -use zones as a temporary use. The rationale behind the temporary use is twofold: First, Outdoor Service Areas are seasonal and lend themselves to a seasonal permitting process. Second, the temporary use provisions give the City more authority to restrict the temporary use permit depending on the particular situation or if there are operational issues, and authority to revoke or not renew the permit if there are ongoing issues. Background An Outdoor Service Area (OSA) is an area outside of but immediately adjacent to a licensed establishment which has been approved for the sale or consumption of alcoholic beverages. OSAs are currently permitted in commercial zones. OSAs do not have separation requirements from residential zones in the Central Business District (CB) zones or the Community Commercial (CC -2) zone; in other commercial zones, GSA's must be at least 100 feet from residential zones. The City Code was recently amended to allow OSAs within the CC -2 zone without the 100 -foot separation requirement subject to certain conditions. These conditions, which staff recommends carrying over for OSAs in residential zones, include: • The Outdoor Service Area must be associated with a restaurant • It must be closed by 10 PM, or when the kitchen closes whichever is earlier • It has an occupancy of no more than 30 people • It has an approved lighting plan Other existing conditions which apply to all Outdoor Service Areas include: • The Outdoor Service Area must be on private property (unless permitted as a sidewalk cafe in the Central Business District) • It must be immediately adjacent to the establishment it serves May 30, 2014 Page 2 • Amplified sound equipment is prohibited • Advertising or other identification signage is prohibited beyond what is permitted for the main licensed establishment • It must comply with all other building, housing and fire codes, and other applicable state and city laws Discussion Restaurants in residential zones may be permitted as part of a planned development like in the Peninsula neighborhood, or they may be legal, non - conforming uses such as the restaurant at the corner of Iowa Ave / Dodge St. Restaurants will also be established in mixed -use districts such as Riverfront Crossings. Staff finds it is reasonable to allow a permitted restaurant in a residential or mixed -use zone to have a limited Outdoor Service Area to be able to serve alcohol for patrons sitting outdoors, with conditions as outlined above. Staff also recommends the OSA be located on the street - facing side of the building or in an enclosed courtyard, to minimize potential disturbance to neighboring properties. To address concerns with behavior, litter or general poor management, staff recommends the OSA be permitted only as a temporary use. The temporary use provision requires an annual permit, at which time the regulations associated with OSAs will be reviewed with the proprietor. The temporary use permit also allows the City to restrict operation of the OSA if there are issues, and to revoke or not renew the permit if there are ongoing issues. Proprietors will be made aware of the requirements associated with the temporary use permit, and in staff's experience will be more conscientious than if the use were permitted by right. Similar to sidewalk cafes, staff recommends that GSA's not be considered an expansion if the restaurant it is associated with is non - conforming. The rationale is that OSA's are a temporary, seasonal use and not a permanent expansion. This will require an amendment to City Code Section 14 -4E -5G to clarify that OSA's associated with a non - conforming restaurant be treated similarly to sidewalk cafes, and not be considered an expansion. Approval or denial of a temporary use permit is made by the Building Official. The Building Official may impose additional conditions on the temporary use, including regulation of nuisance factors such as glare, noise, vibration, odors, heat or other factors which may be a nuisance to neighboring properties. Decisions of the Building Official may be appealed to the Board of Adjustment, allowing for a public process if either the proprietor or a neighbor disagrees with the decision. Recommendation 1. Staff recommends City Code Section 14 -4D -2 be amended to add Outdoor Services Areas as an allowable temporary use for up to one year, subject to conditions including: • The Outdoor Service Area must be associated with a restaurant • It is located on the street - facing side of the building, or in an enclosed courtyard • It must be closed by 10 PM, or when the kitchen closes whichever is earlier • It has an occupancy of no more than 30 people • It has an approved lighting plan May 30, 2014 Page 3 • It meets all other standards in Section 14 -413 (Temporary Uses) and all requirements in Section 4 -3 (Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits) 2. Staff recommends City Code Section 14 -4E -5G be amended to clarify that Outdoor Service Areas associated with a restaurant will not be considered an expansion of a non - conforming use. ATTACHMENTS: 1. Lette34rom Amy ftor�s, representfi�,the Peninsula Neighborhood Company Approved by: Doug Booth ry, irecto Department o N ighborhood and Developm nt Services Peninsula Development Co., LLC City Council members, My name is Amy Pretorius of 670 Walker Circle in Iowa City. I also work for the Peninsula Development Company located at 1188 Foster Road in the Peninsula Neighborhood subdivision. Recently we have broken ground on our much anticipated "commercial" building. it was hoped that this building would be host to neighborhood amenities such as a restaurant, coffee shop, grocery and more and I am happy to say two individual proprietors have announced that a restaurant and coffee shop will be amongst the businesses going in. Our subdivision is unique in its mix use of properties, the flexibility to have commercial uses in a residential zone. The lot that will host the restaurant and coffee shop, lot 117, is classified as live /work and is surrounded by a majority of Rowhouses, Apartment Houses, and Multi -Unit Buildings. All of these properties also have the flexibility now and in the future to have commercial use on their ground floor (retail, personal service, offices, adult or child care, bed and breakfast, etc...). Per the code, lot 117 is the only lot that would allow food and beverage service but only by Special Exception. I am happy to say on April 9"' special exception was granted to both uses by the Board of Adjustments and partially because of the overwhelming community support. In regards to the restaurant, during this process it has come to our attention that the outdoor service of alcohol (OSA) was prohibited in residential zones by a code written in 1978. Because this restaurant (the size of Devotay) is small and somewhat isolated its business plan requires an owner that is more interested in the pride of owning his /her own business than making large sums of money. This restaurant includes some fantastic outdoor seating that will be crucial to spring and summer sales. There is a brick courtyard where many residents have often talked about eating some food and drinking a glass of wine on a beautiful day. It is our fear, my company and the owner, as well as the professional commercial real estate agent, that many patrons will simply decide to go elsewhere when finding out about the OSA. This has huge potential to hurt this small fragile business, before it has even started, which is why we understand there is a chance we may lose this fantastic owner and likely other potential owners as well. When pursuing this issue with multiple departments in the City of Iowa City i came to the understanding the code stated OSA was prohibited with 100 feet of residential zones. What I ask is this; Can leniency be shown on lot 117, that is technically zoned residential but the property overlay and specific Peninsula code suggests the lot has commercial use? Can the residential units that exist within 100 feet of the proposed OSA area be given a chance to express their views on this issue? I suggest the restaurant be given a chance to prove its commitment to being neighborly and preserving the peace in the community. Perhaps this can be done in the form of a 6 month trial period (starting with the first warm months following its completion). After the trial period the HOA could be given d power to monitor the OSA associated with this business to encourage good behavior and conformity long after the trial period was over. Si 1188 Foster oa • Iowa City, IA 52245 -1586 Phone: 319.887. 1000 a Fax: 319.887.1005 www.ThePeninsula.Neighborhood.com Planning and Zoning Commission June 5, 2014 Page 10 of 13 Eastham asked if approval from the Historic Preservation Commission would be required. Miklo said it would. Freerks opened public discussion. James Hayes of 1142 E. Court St. gave a history of the houses in question and said they are being used as The Grant Wood Artist Colony. Freerks closed public discussion. Thomas moved to recommend approval of amending minor modifications, variances, special exceptions and provisional uses 14 -413 -1 to add a minor modification which would allow archways and gates taller than four feet to be approved administratively. Martin seconded. Freerks said she's excited about this and the fact that someone is doing this so the public can enjoy it. She said she's satisfied with not putting "quality materials" in this amendment as hopefully it's something that will always be assessed and monitored by staff. Eastham said this is a wonderful idea and is appreciative of Hayes for putting it together. A vote was taken and the motion carried 7 -0. Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, to allow outdoor service areas associated with restaurants as temporary uses in residential and mixed -use zones. Yapp said City Council directed staff to prepare an amendment to allow outdoor service areas in residential and mixed use zones as a temporary use requiring an annual permit. Martin asked why there is a maximum of thirty people. Yapp said that was the condition for the Community Commercial zone so this would be consistent, and also the concern is that when you get a larger group of people there's a greater chance of noise. Eastham asked if there is a definition of an outdoor service area. Yapp said it has to be defined with a barrier and tables aren't necessarily required. He said the definition is that it's an outdoor service area for food and alcohol and it's the alcohol that makes it an outdoor service area. Freerks opened public discussion. Freeks closed public discussion. Thomas moved to recommend that City Code Section 14 -4D -2 be amended be amended to add outdoor service areas as an allowable temporary use for up to one year subject to the six conditions identified in the staff report and that the Zoning Code be amended to clarify that outdoor service areas associated with a restaurant in residential and mixed use zones will not be considered an expansion of a non - conforming use. Planning and Zoning Commission June 5, 2014 Page 11 of 13 Eastham seconded. Freerks said the temporary nature of this and the idea that there are ways to get around this make this more appealing to her. She said these types of things are good to try, and small areas where people can get together and mix are good. A vote was taken and the motion carried 7 -0. County Conditional Use Item Discussion of an application submitted to Johnson County from Verizon Wireless requesting a conditional use permit to allow a 195 foot tall communications tower on 9.2 acres of land located on the northwest corner of 420th St SE and Taft Ave SE, in Area B of the Iowa City and Johnson County Fringe Area. Miklo indicated that this is in Fringe Area B of the Iowa City /Johnson County Fringe Area Agreement. The County Zoning Code provides for City review of Conditional Use Permits when they are within two miles of a city. He said this area will likely be annexed into the city and zoned Industrial in the future. He said that such towers are allowed in the city's industrial zones proved that the tower be setback from the property line a distance at least equal to the tower's height. He said the application has been revised to adhere with the City's requirement regarding the setback and staff recommends approval. Freerks opened public discussion. Michael Bieniek said he represented the applicant and was available for questions. Freerks closed public discussion. Eastham moved to recommend that the City Council send a letter to the County recommending approval of a cell tower located on the northwest corner of 420th St SE and Taft Ave SE, in Area B of the Iowa City and Johnson County Fringe Area. Martin seconded. A vote was taken and the motion carried 7 -0. Consideration of Meeting Minutes: May 1, 2014 Eastham moved to approve. Swygard seconded. A vote was taken and the motion carried 7 -0. Other Adjournment Eastham moved to adjourn. V Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington 356 -5252 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE TEMPORARY USES, TO ALLOW OUTDOOR SERVICE AREAS ASSOCIAT TEMPORARY USES IN RESIDENTIAL AND MIXED -USE ZONES. If t� C= �.. t, lowq,t-OIA L240; 3' M1 --t C? 1 n :GULANS, ARTICLE D, WITH �ESTAt&NTS AS WHEREAS, Outdoor Service Ar s for alcohol service are currently rmitted only in certain commercial zones; and WHEREAS, With the addition of re ulatory conditions, restauran in mixed -use zones and residential zones which would benefit from being abl o have a limited Outdoo Service Area, with the added benefit of creating enhanced business opportunities long with improvin the viability of walkable neighborhood establishments; and WHEREAS, Outdoor seating in an Outdoor ervice Area for restaurant patrons, provided there are condi i ns relate Service Area; and WHEREAS, Outdoor Service Areas permitted as tem c a non - conforming use as the Outdoor Service Area is to orE WHEREAS, The City regulates various aspects of do concerning location, screening, exits, occupancy, noise sig ciated with a restaurant is a desirable use limit the size and scope of the Outdoor ary use will not be considered an expansion of 1; and r Service Areas through regulatory provisions and building code. NOW, THEREFORE, BE IT ORDAINED BY THEAITY COUftPIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. The Code of Ordi ces of the City bf Iowa City, Iowa is hereby amended as follows: ` \ 1. Title 14, Zoning Code, Chapter 4, Usefegulations, Article D, Temporary Uses, Section 2, Temporary Uses Allowed, is hereby amended by a ding a new subparagraph as f ows: An Outdoor Service Area, as definec JVin Title 4, operated in conjunction wit a licensed establishment that is a nonconforming eating establi hment, an eating establishment allowbo pursuant to a residential planned development overlay zonqF, or an eating establishment located in the Mixed Use Zone. 2. Title 14, Zoning Code, Chapt 4, Use Regulations, Article D, Temporary Us , Section 4, Approval Criteria is hereby amended b adding a new subsection "I" as follows: I. Where an Outdoor S rvice Area is allowed only as a temporary use pursua to this Article, a temporary use perm may be granted upon satisfaction of the following additional a roval criteria: 1. The outdoor/service area is operated in conjunction with a "restaurant" as defiled in Title 4, Alcoholic Beverages; 2. The outdoor service area shall only be operational while the establishment is serving food from an on- premises kitchen and the outdoor service area must be closed to all patrons by ten o' clock (10:00) P.M. or when the kitchen is closed, whichever is earlier. 3. The outdoor service area occupancy limit shall not exceed thirty (30) persons. 4. A lighting plan for the outdoor service shall be filed with the application and approved by the Building Official. Ordinance No. Page 2 5. The Outdoor Service Area is located on the street - facing side of the building, in an enclosed courtyard, or as approved pursuant to a planned d velopment in a location appropriately screened and /or buffered so as to mitigate nuisance issu within the planned neighborhood. 6. Conformance with all other criteria in Title 4, Alcoholic B erages. 3. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, 7emporary Uses, Section 5, Conditions of Approval, Subsection A is hereby amended by repealin said Subsection A and adopting a new Subsection A as follows: A. Provision for a fixed period of time, not to exceed ne hundred eighty (180) calendar days, for a temporary use not occupying a structure, it di promotional activities; or one year for Outdoor rvice Areas, all other uses, and structures; or for a shorter period of time as determined by the Bui inq Official. SECTION II. WPEALER. All ordinances and p of ordinances in conflict with the provisions of this Ordinance are her kty repealed. SECTION III. SEVERA ILITY. If any section, kovision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, ch adjudication sqAll not affect the validity of the Ordinance as a whole or any section, provision or part therbqf not adjudged valid or unconstitutional. This gdinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day o 20_ MAYOR ATTEST: CITY CLERK :tved by ry 0 City Att rney's Office l c- c= c7 -< rn M Z5 ca ro c:) r ' Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5120 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLE B, MINOR MODIFICATIONS, TO ALLOW ARCHWAYS AND GATES OVER 4 FEET IN HEIGHT IN REQUIRED RESIDENTIAL FRONT YARD SETBACKS. WHEREAS, it is the general purpose of the Zoning Code regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic and scenic beauty; and WHEREAS, the current fence regulations limit the height of fences and any portion of a fence, such as a gate, to no more than 4ft in a front yard setback area; and WHEREAS, it is reasonable and in the best interests of the City to provide for flexibility in applying the aforementioned standard in cases where allowing a taller integrated structure would enhance the streetscape and neighboring properties; and WHEREAS, the Minor Modification section of the Zoning Code allows for administrative review of minor modification applications and input from property owners within 200ft of the subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the Minor Modification ordinance and recommend approval; and WHEREAS, this amendment satisfies the purpose of the Zoning Code regulations and is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend subsection 14 -4B -1A by adding a paragraph 23, as follows: An entranceway /gate more than 4ft in height in Residential Zones, provided it is designed to be compatible with and enhance the surrounding neighborhood. An identification sign no more than 12 square feet in area incorporated as an integral element of the entranceway /gate may be permitted as part of the requested minor modification. B. Amend subsection 14- 4C- 2L(2)(d) by adding the following to the end of the paragraph: A minor modification may be requested to adjust the height of an entranceway gate in a fence located within a front yard setback area according to the procedures and approval criteria for minor modifications contained in Chapter 4, article B of this title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2014. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Appr ed 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: First Consideration 07/15/2014 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the -F-I CITY OF IOWA CITY v- ®�� MEMORANDUM Date: May 27, 2014 To: Planning & Zoning Commission From: Jann Ream Code Enforcement Assistant Neighborhood and Development Services Re: Minor Modification Amendment Introduction: City Staff was approached by James Hayes concerning a proposal for an archway, gate and fence to be installed in the front yard setback area for properties he owns in the 1100 and 1200 blocks of East Burlington Street. The properties - 1131 Burlington (single family), 1137 Burlington (duplex), 1205 Burlington (duplex) and 1211 Burlington (duplex) — are zoned RS- 8 -OCD. Mr. Hayes has created an entity with these properties called The Grant Wood Art Colony and has set up a program in partnership with the University of Iowa for visiting artists. The artists live in a unit in one of these rental properties and teach at the University. The purpose of the proposed archway, gate and fence is to delineate and identify these properties as a cohesive area designated for artists. Mr. Hayes commissioned local sculptor and artist, Shirley Wyrick, to design the archway and gate. Her design includes a 12ft high archway with a 5 -7ft high gate. The adjoining fence would be 4ft in height. A design rendering of the proposal is included. History /Background: Current zoning code prohibits fences taller than 4ft in front yard setback areas. Because the proposed archway and gate are integral to the proposed fence, they would not be permitted since they exceed 4ft in height. The intent of the current ordinance is to maintain pedestrian friendly streetscapes and prevent tall "stockade" like fences in front yards that would detract from the public streetscape: Tall solid fences along the sidewalk block views and create safety concerns. However, there may be situations where the design of a fence with taller integrated structures would actually enhance the streetscape and the neighboring properties. Staff believes that the opportunity for fences and associated structures with unique and aesthetically pleasing designs in a front yard area should not automatically be disallowed because of their height. In this instance, the superior design by a nationally renowned artist and use of quality materials should be given consideration. In the past few decades, quality landscape design has seen a resurgence both nationally and in this community. Allowing greater flexibility in exterior hardscape (with appropriate staff review) has the potential to greatly enhance the streetscapes of Iowa City. Proposal: Amend "Minor Modifications, Variances, Special Exceptions and Provisional Uses" (14 -413-1) to add a minor modification which would allow archways and gates taller than 4ft to be approved administratively. The suggested code language is attached. This would allow for staff review to ensure any proposal was well designed and would not detract from neighboring properties. Since it is a minor modification, property owners within 200ft would be notified and have an opportunity for input. 4i Minor Modification Amendment to allow archways and gates over 4ft in height in required residential front yard setbacks to be approved administratively An entranceway /gate more than 4ft in height may be approved in Residential Zones provided the entranceway /gate is designed to be compatible with and to enhance the surrounding neighborhood. An identification sign no more than 12sf in area that is incorporated as an integral element of the entranceway /gate may be permitted as part of the Minor Modification. Approved by: —7',-4 John Yapp, Coordinator Department of Neighborhood & Development Services � 2 F 2 j / � �. �/ A �: @� t �Sr Lu LY ,ice LU x u LL L pu Q Q Lu vi w j iL 0 W 3 N rH V O O� U A� O" 0 N � yV �1� N h In W t _ Q a w w co L w iy CL Wu a LL F- JZ IL Lv F- lU q u, Z" O ,4 V y �n ` H O a oP4 OR O" o W M 0 N � U r z aft �u M C7 z 0 c� z U W N GC] M x ,3 Tip w ¢ m N Z -` OD 37 W w a ul O u 04 cei mew LL. LU > Lu Wool 0 LLJ 43 < V) �-: LU Lu > L. -T LU CD ui f-V 'Z LU Asa Lu > u kw V) a irk 43 LL z Z Ul cei mew W C7 O� � O Q U 4 s„ m OD cy A��� Z N n e lu o H Q Lb Ql na I.i pp o w b 4 = O EO... N z w o 4- w a- Planning and Zoning Commission June 5, 2014 Page 9 of 13 to Muscatine Avenue in the future. He said the current proposal moved the new street access to Scott Boulevard and ends with a cul -de -sac. He said the subdivision regulations generally discourage cul -de -sacs, but in this case the applicant wishes to set aside Outlot B to preserve trees and open space. He said staff is recommending approval subject to Lot 23 being graded to drain toward Muscatine Avenue and that would be a note that would have to be added to the plat before this goes to City Council. Freerks opened public discussion. John Hieronymus of 3322 Muscatine Avenue said this is a two -part development and they are happy to have staff support on this. Freerks closed public discussion. Eastham moved to recommend approval of REZ14- 00008, a rezoning of 1.36 acres from Low Density Single- Family (RS -5) to Low Density Multi - Family (RM -12) located at the northwest corner of Muscatine Avenue and Scott Boulevard and SUB14- 00008, a preliminary plat of Silver Slope, a 20 -lot approximately 12.14 acre residential subdivision at the same location subject to the storm water management drainage for Lot 23 being graded toward Muscatine Avenue. Swygard seconded. Freerks said the Commission usually doesn't like to see cul -de -sacs but it's okay occasionally for a reason such as the open space being proposed here. She said it's nice to see multi - family and single family here side by side, and is happy that the applicant wishes to retain a grove of trees on the property. A vote was taken and the motion carried 7 -0. Code Amendment Items Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article B, Minor Modifications, to allow archways and gates over 4 feet in height in required residential front yard setbacks to be approved administratively. Yapp explained that the current Code prohibits fences taller than four feet within the front yard setback. He said staff was recently approached by James Hayes regarding a proposal for an archway gate and fence to be installed in the front setback for properties on Burlington Street. He showed an image of what that archway and fence might look like. He said the purpose is to delineate and identify these properties as a cohesive area. He said the intent of the current four foot limitation is to maintain a pedestrian friendly street scape and prevent a stockade -like feel walking along the sidewalk. Staff reviewed this proposal and feels there are situations where the design of the fence could actually enhance and add to the street scape. Freerks asked about including the condition of using quality materials. Yapp said the definition of a quality material can be subjective. Yapp said a meeting for property owners within 200 feet would be part of the Minor Modification review process. Planning and Zoning Commission June 5, 2014 Page 10 of 13 Eastham asked if approval from the Historic Preservation Commission would be required. Miklo said it would. Freerks opened public discussion. James Hayes of 1142 E. Court St. gave a history of the houses in question and said they are being used as The Grant Wood Artist Colony. Freerks closed public discussion. Thomas moved to recommend approval of amending minor modifications, variances, special exceptions and provisional uses 14 -413-1 to add a minor modification which would allow archways and gates taller than four feet to be approved administratively. Martin seconded. Freerks said she's excited about this and the fact that someone is doing this so the public can enjoy it. She said she's satisfied with not putting "quality materials" in this amendment as hopefully it's something that will always be assessed and monitored by staff. Eastham said this is a wonderful idea and is appreciative of Hayes for putting it together. A vote was taken and the motion carried 7 -0. Consider an amendment to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, to allow outdoor service areas associated with restaurants as temporary uses in residential and mixed -use zones. Yapp said City Council directed staff to prepare an amendment to allow outdoor service areas in residential and mixed use zones as a temporary use requiring an annual permit. Martin asked why there is a maximum of thirty people. Yapp said that was the condition for the Community Commercial zone so this would be consistent, and also the concern is that when you get a larger group of people there's a greater chance of noise. Eastham asked if there is a definition of an outdoor service area. Yapp said it has to be defined with a barrier and tables aren't necessarily required. He said the definition is that it's an outdoor service area for food and alcohol and it's the alcohol that makes it an outdoor service area. Freerks opened public discussion. Freeks closed public discussion. Thomas moved to recommend that City Code Section 14 -4D -2 be amended be amended to add outdoor service areas as an allowable temporary use for up to one year subject to the six conditions identified in the staff report and that the Zoning Code be amended to clarify that outdoor service areas associated with a restaurant in residential and mixed use zones will not be considered an expansion of a non - conforming use. Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5120 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONI. CHAPTER 4, USE REGULATIONS, ARTICLE B, MINOR MODIFICATIONS, TO ALLOW ARC WAYS AND GATES OVER 4 FEET IN HEIGHT IN REQUIRED RESIDENTIAL FRONT YARD TBACKS. WHEREAS, it is the general ;!purpose of the Zoning Code physical appearance and safety the community, to protect pr areas of natural, historic and scen c beauty; and WHEREAS, the current fence egulations limit the height of f gate, to no more than 4ft in a front y rd setback area; and WHEREAS, it is reasonable an in the best interests of t aforementioned standard in cases wh re allowing a taller inte at and neighboring properties; and WHEREAS, the Minor Modification ction of the Zon modification applications and input from p perry owners m WHEREAS, the Planning and Zoning ommission t Modification ordinance and recommend appr val; and WHEREAS, this amendment satisfies the urpose 1 ulations to enhance and protect the ty values and to preserve Iowa City's ces and any portion of a fence, such as a City to provide for flexibility in applying the ed structure would enhance the streetscape ( Code allows for administrative review of minor in 200ft of the subject property; and reviewed the proposed changes to the Minor the Zoning Code regulations and is in the public interest. NOW, THEREFORE, BE IT ORDAI/ound�ing E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances Iowa City, Iowa is hereby amended as follows: A. Amend subsection 14 -4B -1A by aagra h 23, as follows: An entranceway /gate more than t in R idential Zones, provided it is designed to be compatible with and enhance the g neighbo ood. An identification sign no more than 12 squa re feet in area incorporated al element o the entranceway /gate may be permitted as part of the requested minor modifi B. Amend subsection 14- 4C- 2L(2)V) by adding the following to tN end of the paragraph: A minor modification may b requested to adjust the height o an entranceway gate in a fence located within a front yards back area according to the procedur and approval criteria for minor modifications contained in aper 4, article B of this title. SECTION II. REPEALER. P11 ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. / invalid or unconstitutional, section, provision or part tl SECTION IV. EFFEC publication, as provided by law. Passed and approved this FY. If any section, provision or part of the Ordinance hall be adjq�ped to be adjudication shall not affect the validity of the Ordina es a woe or any not adjudged invalid or unconstitutional. C') c DATE. This Ordinance shall be in effect after its final pasag�, aWoval --in - day of , 2014. M C) - Ordinance No. Page 2 C", ---4 C-) m S::�o r-a C= XI, C- C= �uc GJ C) �n amwom r"810 Prepared by: Bailee McClellan, Planning Intern, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00002) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 39.6 ACRES OF PROPERTY LOCATED AT 4701 HERBERT HOOVER HIGHWAY FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS). (REZ14- 00002) WHEREAS, the applicant, Build to Suit Inc., with the consent of the owner, AGRD Green Bay, L.L.C, has requested a rezoning of property located at 4701 Herbert Hoover Highway from County Residential (R) to Interim Development Single Family Residential (ID -RS); and WHEREAS, the Comprehensive Plan Future Land Use map shows the subject property as incorporated into Iowa City, and WHEREAS, the Comprehensive Plan — Northeast District Plan indicates that the subject property is appropriate for residential development; and WHEREAS, Interim Development zoning is appropriate for the property until such a time as a development plan is submitted in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for pedestrian access to the city sidewalk system; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of County Residential (R) to Interim Development Single- family Residential (ID -RS): LEGAL DESCRIPTION THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS RECORD. SECTION Il. 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. Ordinance No. Page 2 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 A proved 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 that the First Consideration 06/17/2014 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration 07/15/2014 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Date published Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and AGRD Green Bay, L.L.C. ( hereinafter "Owner /Applicant "). WHEREAS, the Owner /Applicant is the legal title holder of approximately 39.6 acres of property located at 4701 Herbert Hoover Highway; and WHEREAS, the Owner /Applicant has requested the rezoning of said property from County Residential (R) to Interim Development Single Family Residential (ID -RS); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding pedestrian access to the city sidewalk system, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner /Applicant 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 pedestrian accessibility; and WHEREAS, the Owner /Applicant 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. AGRD Green Bay, L.L.C. is the legal title holder of the property legally described as: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS RECORD. 2. The Owner /Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast 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, the Owner /Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: • The developer shall provide pedestrian access connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land, and may be constructed using ppdadm /agt/conditional zoning agreement.doc [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right -of -way. 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 /Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner /Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the 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 Owner /Applicant's expense. Dated this day of , 20_ CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office ppdadm /agt/conditional zoning agreement.doc 2 By: $rya (A61isa�J 0 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Matt Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) AGRD GREEN BAY, LLC ACKNOWLEDGMENT: State of County of This record was acknowledged before me on 9 20 (Date) by bevti (Name(s) of in ivid al(s) as fl"A!44 a- � (type of authority, such as officer or trustee) of & e Gnu., go, ti a LL-c_ (name of party on behalf of whom record was executed). %�` Notary Public in and for the State of low Uy iE'r DUWi1 (Stamp or Seal) comrn! z1on N n*w 742461 Title (and Rank) My commission expires: ppdadm /agt/conditional zoning agreement.doc 3 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and AGRD Green Bay, L.L.C. (hereinafter "Owner /Applicant "). WHEREAS, a Owner /Applicant is the legal title holder of ap roximately 39.6 acres of property located at 47 1 Herbert Hoover Highway; and WHEREAS, the ner /Applicant has requested the r oning of said property from County Residential (R) to In rim Development Single Family R sidential (ID -RS); and WHEREAS, the Plannin6land Zoning Commission hffi determined that, with appropriate conditions regarding pedestria access to the city side alk system, the requested zoning is consistent with the Comprehensi Plan; and WHEREAS, Iowa Code §4 .5 (2013) prov' es that the City of Iowa City may impose reasonable conditions on granting n applicant' rezoning request, over and above existing regulations, in order to satisfy public n eds caus9d by the requested change; and WHEREAS, the Owner / Applican ack owledges that certain conditions and restrictions are reasonable to ensure the developme t the property is consistent with the Comprehensive Plan and the need for pedestrian accessib ty; and WHEREAS, the Owner /Applicant agre to evelop this property in accordance with the terms and conditions of a Conditional Zonin Agree ent. NOW, THEREFORE, in consider ion of the utual promises contained herein, the parties agree as follows: 1. AGRD Green Bay, L.L.(. is the legal title holker of the property legally described as: THE NORTHWEST QU TER OF THE NORTHEAST UARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WE OF THE FIFTH PRINCIPAL M RIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO E/thComprehensive TS AND RESTRICTIONS RECOR 2. The Owner /At acknowledges that the City wi es to ensure conformance to the principles of Plan and the Nort ast District Plan. Further, the parties ackn that Iowa Code §414.5 (2013) pro ' es that the City of Iowa City may impose ble conditions on granting an applicant rezoning request, over and above the exgulations, in order to satisfy public need caused by the requested change. / 3. In consideration of the City's rezoning the subject property, the Own r /Applicant agrees that development of the subject property will conform to all other re irements of the zoning chapter, as well as the following condition: • The developer shall provide pedestrian access connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land, and may be constructed using ppdadm /agt/conditional zoning agreement.doc [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement a Developer to the extent that this access is provided within City -owned publigr right -of -way. 4. The Owner /Applicant and City ac nowledge that the conditions containe herein are reasonable conditions to impose o the land under Iowa Code §414.5 (2 13), and that said conditions satisfy public needs at are caused by the requested zon' g change. 5. The Owner /Applicant and City ackn wledge that in the event the bject property is transferred, sold, redeveloped, or s divided, all redevelopment I conform with the terms of this Conditional Zoning Agre ment. 6. The parties acknowledge that this Conditional Zoning Agree 4nt shall be deemed to be a covenant running with the land and with title to the land, nd shall remain in full force and effect as a covenant with title to the land, unless or ntil released of record by the City of Iowa City. The parties further acknowledge that this�agree all successors, representatives, and assigns of 7. The Owner /Applicant acknowledges that I shall be construed to relieve the Owr applicable local, state, and federal regulati 8. The parties agree that this Conditio reference into the ordinance rezonin publication of the ordinance, this a Recorder's Office at the Owner /Ap icl Dated this day of CITY OF IOWA CITY Matt Hayek, Mayor Attest: Marian K. Karr, City C Approved by: City Attorney's Office ppdadm /agt/conditional zoning agreement.doc 2 ;hall inure to the benefit of and bind rties. in this Conditional Zoning Agreement licant from complying with all other ing Agreement shall be incorporated by Iject property, and that upon adoption and shall be recorded in the Johnson County on 0 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on and Marian K. Karr as Mayor and City Clerk, respectively, of the AGRD GREEN BAY, LLC ACKNOWLE , 20_ by Matt Hayek of Iowa City. Notary Pub ' in and for the State of Iowa (Stamp r Seal) Titl and Rank) ENT: State of County of JAMAM This a wa knowledged be re me on by (Name (s) of was executed). Ib 1 (Date) duals) as pe of authority, such as officer or trustee) of iame-aLD*t v on behalf of whom record (Stamp or S al) Title (and Ran My commission ppdadm /agt/conditional zoning agreement.doc 3 for the" State of Iowa 1 Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ14- 00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City ") and AGRD Green Bay, L.L.C. (hereinafter "Owner /Applicant "). WHEREAS, the Owner /Applic t is the legal title holder of approximat ly 39.6 acres of property located at 4701 Herbert H96ver Highway; and WHEREAS, the Owner /Ap licant has requested the rezoning o said property from County Residential (R) to Interim D velopment Single Family Residential D -RS); and WHEREAS, the Planning and oning Commission has deter ned that, with appropriate conditions regarding pedestrian acc ss to the city sidewalk sys m, the requested zoning is consistent with the Comprehensive PI ; and WHEREAS, Iowa Code §414.5 013) provides t the City of Iowa City may impose reasonable conditions on granting an plicant's rezo ,vdng request, over and above existing regulations, in order to satisfy public needk caused by a requested change; and WHEREAS, the Owner /Applicant a know dges that certain conditions and restrictions are reasonable to ensure the development f t property is consistent with the Comprehensive Plan and the need for pedestrian accessibili , and WHEREAS, the Owner /Applicant agree�?to develop this property in accordance with the terms and conditions of a Conditional Zonin-qAqreetnent. NOW, THEREFORE, /L..C. ion of th mutual promises contained herein, the parties agree as follows: 1. AGRD Green Bhe legal titl holder of the property legally desc ribed as: THE NORTHWESF THE NOR EAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 E FIFTH PRIN IPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EAS ESTRICTION RECORD. 2. The Owner/ pplicant acknowledges that t e City wishes to ensure conformance to the principles f the Comprehensive Plan a d the Northeast District Plan. Further, the parti/the nowledge that Iowa Code §414. (2013) provides that the City of Iowa City may e reasonable conditions on granti g an applicant's rezoning request, over and abov existing regulations, in order to sa isfy public needs caused by the requested 3. Yi consideration of the City's rezoning the subs ct property, the Owner /Applicant agrees that development of the subject property will onform to all other requirements of the zoning chapter, as well as the following conditio • The developer shall provide pedestrian acces connecting the subject land to the city sidewalk system. Said access shall be con tructed concurrently with the public improvements for any subdivision of the subjec land, and may be constructed using ppdadm/agUconditional zoning agreement.doc [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right -of -way. 4. The Owner /Applicant and City ac ledge that the c nditions contained herein are reasonable conditions to impos n the land under low Code §414.5 (2013), and that said conditions satisfy public n ds that are caused by t e requested zoning change. 5. The Owner /Applicant and Cit acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all r development will conform with the terms of this Conditional ZoninqkAweement. 6. The parties acknowledge that thik Conditional ning Agreement shall be deemed to be a covenant running with the land nd with tit to the land, and shall remain in full force and effect as a covenant with title to the la unless or until released of record by the City of Iowa City. The parties further acknowledge that�hV agreement shall inure to the benefit of and bind all successors, representatives, and signs of the parties. 7. The Owner /Applicant acknowled s th t nothing in this Conditional Zoning Agreement shall be construed to relieve the O ner /Applicant from complying with all other applicable local, state, and fe ral regula ons. 8. The parties agree that t 's Conditional 3pning Agreement shall be incorporated by reference into the ordin ce rezoning the s bject property, and that upon adoption and publication of the ordiVance, this agreemen shall be recorded in the Johnson County Recorder's Office at a Owner /Applicant's ex ense. Dated this day of CITY OF IOWA CITY Matt Hayek, Attest: By: Marian KI Karr, City Clerk By: by: City Attorney's Office ppdadm/agt/conditional zoning agreement.doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledge before me on , 20_ by Matt Hayek and Marian K. Karr as Mayor an City Clerk, respectively, of the ity of Iowa City. AGRD GREEN BAY, LLC AC State of _ County of This record was acknowledged be by was executed). Nota/ndRank) in and for the State of Iowa (Staal) Title e me on ame(s) of lividual(s) as (type of authority, such as officer or trustee) of _ (name of party on behalf of whom record Nota Public in and for the State of Iowa (Stamp r Seal) Title (an Rank) My commi sion expires: ppdadm/agt/conditional zoning agreement.doc 3 f � r i uilir' Date: July 8, 2014 CITY OF IOWA CITY MEMORANDUM To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator Re: Outdoor Service Area regulations in Title 4: Alcoholic Beverages Background The Planning and Zoning Commission recently recommended approval of an amendment to the Temporary Use section of the Zoning Code to allow Outdoor Service Areas (alcohol service for outdoor seating) associated with restaurants in residential and mixed use zones as a temporary use. This proposal was in response to a request from the Peninsula Neighborhood, which has a restaurant in a residential zone, which was permitted as part of the planned development. The amendment would also allow, by temporary use, an Outdoor Service Area for the restaurant at the corner of Dodge St and Iowa Ave, which is a non - conforming restaurant in a residential zone. The proposed Outdoor Service Area amendment to the Temporary Use section is scheduled for public hearing before the City Council on July 15. This memo describes proposed amendments to Title 4: Alcoholic Beverages, to clarify that Outdoor Service Areas will be permitted in Riverfront Crossings zones; to apply consistent conditions /restrictions for Outdoor Service Areas within 100 feet of residential zones for other commercial zones (except downtown zones); and to cross - reference the Temporary Use Section for Outdoor Service Areas in residential and mixed -use zones. Proposed Amendments The following amendments are proposed to Title 4, Alcoholic Beverages, Chapter 3, Outdoor Service Areas: 1. Clarification that Outdoor Service Areas are permitted in Riverfront Crossings zones, subject to: • The Outdoor Service Area must be closed by 10:00 PM • Where the Outdoor Service Area is within 100 feet of a residential zone, the occupancy limit shall be no more than 30 persons • A lighting plan is required to be submitted with the application for the Outdoor Service Area and approved by the City Manager or designee • The City Council may impose additional restrictions on an Outdoor Service Area permit if sufficient conflicts with adjacent residentially -zoned properties have been identified or are to be reasonably expected 2. Allowing Outdoor Service Areas within 100 feet of residential zones in the Commercial Office (CO- 1), Neighborhood Commercial (CN -1), Highway Commercial (CH -1), Intensive Commercial (CI -1), and Community Commercial (CC -2) zones, consistent with the conditions which currently exist in the CC -2 Zone: • The Outdoor Service Area is only allowed if operated in conjunction with a restaurant. • The Outdoor Service Area shall only be operational while the establishment is serving food from an on- premises kitchen. Outdoor Service Areas must be closed by ten o'clock PM, or whenever the kitchen is closed, whichever is earlier. • The occupancy limit shall be no more than 30 persons • A lighting plan is required to be submitted with the application for the Outdoor Service Area and approved by the City Manager or designee • The City Council may impose additional restrictions on an Outdoor Service Area permit if sufficient conflicts with adjacent residentially -zoned properties have been identified or are to be reasonably expected 3. Clarifying and cross - referencing that outdoor service areas in residential and mixed use zones, and planned developments are governed by the Zoning Code regulations on temporary uses. Discussion Outdoor seating can be an attractive part the urban environment, can add to the vitality of the streetscape, and can be a part of a livable community. Allowing Outdoor Service Areas in the Riverfront Crossings District is consistent with the vision for an urban, mixed -use district. The conditions (closing time, lighting plan) will help keep the Outdoor Service Areas from becoming a late - night nuisance. Outdoor Service Areas are currently not permitted in the CO -1, CN -1, CIA, and CH -1 zones within 100 feet of a residential zone. Staff is proposing to allow Outdoor Service Areas associated with restaurants within 100 feet of residential zones subject to the same conditions as currently exist in the CC -2 Zone. This will create consistency between zones, and create more outdoor dining options within 100 feet of residential zones. The conditions, as described above, will help prevent/mitigate negative effects of Outdoor Service Areas being in relatively close proximity to residential zones. Other conditions which already apply to all Outdoor Service Areas include a decorative fence or other barrier, no amplified noise, no additional advertising or other signage beyond what is normally permitted, and compliance with all building, housing and fire codes. The City Council may also impose additional conditions on a permit for an Outdoor Service Area if sufficient conflicts with an adjacent residentially -zoned property are identified or are to be reasonably expected. Recommendation Staff recommends approval of the ordinance to amend Title 4: Alcoholic Beverages, Chapter 3, Outdoor Service Areas to clarify and ma a consistent location restrictions and conditions for Outdoor Service Areas in c9mTercipl and1TiVMfF4t Crossings zones. Approved by: Doug Boot y, Dir ctor Departmen Neighborhood and evelopment Services 1 Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5252 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 3, OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND PERMITS, SECTION 1, OUTDOOR SERVICE AREAS, TO CLARIFY AND MAKE CONSISTENT LOCATION RESTRICTIONS AND CONDITIONS FOR OUTDOOR SERVICE AREAS IN COMMERCIAL AND RIVERFRONT CROSSINGS ZONES WHEREAS, The City regulates various aspects of Outdoor Service Areas ( "OSAs ") (areas with alcohol service on private property) through regulatory provisions concerning location, screening, exits, occupancy, noise, signage and building code; and WHEREAS, Iowa City has adopted a new zoning classification known as Riverfront Crossings Zones; and WHEREAS, OSAs are appropriate in Riverfront Crossings Zones with regulatory conditions to limit the size, hours of operation and lighting to ensure compatibility with residential living in the Riverfront Crossings District; and WHEREAS, OSAs associated with a restaurant may be appropriate in other non-Central Business District Commercial Zones within 100 feet of a residential zone in accordance with the certain conditions to limit size, hours of operation and lighting; and WHEREAS, OSAs associated with restaurants may also be appropriate as a temporary use in residential and mixed use zones, subject to certain location restrictions and conditions as stated in Title 14 of the Zoning Code; and WHEREAS, Staff recommends approval of this ordinance as it is in the public interest to enhance business opportunities and improve the viability of walkable neighborhood establishments with conditions to protect adjacent residences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 4, Alcoholic Beverages, Chapter 3, Outdoor Service Areas; Seasonal, Five Day or Fourteen Day Licenses and Permits, Section 1, Outdoor Service Areas, Section C, Regulation of Outdoor Service Areas, is hereby amended by repealing Section C(1) in its entirety and adopting a new Section C(1) as follows: C. Regulation of Outdoor Service Areas: The operation of an outdoor service area shall be subject to the following terms, conditions and regulations: Ordinance No. Page 2 1. Location Restrictions: a. An outdoor service area must be located on private property and may not encroach on the public right of way. b. An outdoor service area shall not be located on any side of a licensed establishment which fronts on a street unless the outdoor service area is being operated in conjunction with a "restaurant" as defined in section 4 -1 -1 of this title. c. An outdoor service area must be immediately adjacent to the licensed establishment of which it is a part. d. An outdoor service area is permissible in any Central Business Zone, according to the provisions of this Chapter. e. An outdoor service area is permissible in any Riverfront Crossings Zone in accordance with this Chapter and subject to the following: (1) Outdoor service areas must be closed to all patrons by ten o'clock (10:00) P.M. (2) Where the outdoor service area is within 100' of a residential (R) zone, the occupancy limit shall not exceed thirty (30) persons. (3) A lighting plan for the outdoor service area must be filed with the application and approved by the city manager, or designee. (4) The City Council may impose additional conditions on the outdoor service area permit if sufficient conflicts with properties in an adjacent R (residential) zone have been identified or are to be reasonably expected. (5) In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area. in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of City Council authorization for the outdoor service area. f. An outdoor service area is permissible in the CO -1, CN -1, CH -1, CI -1, and CC -2 zones, according to the provisions of this Chapter and subject to the following limitations where any part of such outdoor service area is located within one hundred feet (100') of an R (residential) zone: (1) The outdoor service area shall be operated in conjunction with a "restaurant ", as defined in section 4 -1 -1 of this title. (2) The outdoor service area shall only be operational while the establishment is serving food from an on- premises kitchen. Outdoor service areas must be closed to all Ordinance No. Page 3 patrons by ten o'clock (10:00) P.M. or whenever the kitchen is closed, whichever is earlier. (3) The outdoor service area occupancy limit shall not exceed thirty (30) persons. (4) A lighting plan for the outdoor service area must be filed with the application and approved by the city manager, or designee. (5) The City Council may impose additional conditions on a permit for such an outdoor service area, if sufficient conflicts with properties in the adjacent R (residential) zone have been identified or are to be reasonably expected. (6) In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of City Council authorization for the outdoor service area. g. An outdoor service area located within an R (Residential) zone or an MU (Mixed Use) zone may be allowed as a temporary use under certain circumstances set forth in Article 14 -41D, and shall not be treated as a temporary outdoor service area for the purposes of this Chapter. - - SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_ MAYOR ATTEST: CITY CLERK Appr ved by "e-z- t Attorney's Office g- //y Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: AYES: Payne, Throgmorton. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 07/15/2014 that the Botchway, Dickens, Dobyns, Hayek, Mims, NAYS: None. ABSENT: None.