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HomeMy WebLinkAbout2014-08-19 Ordinance�I„� --,or CITY OF IOWA CITY 5a M EMORANDUM Date: August 13, 2014 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator Re: Allen Homes planned development proposal at NE corner of First Ave Hickory Trail Introduction Jesse Allen, owner of Allen Homes, has requested his application for the planned development rezoning at the NE corner of First Ave / Hickory Trail be withdrawn. Mr. Allen has submitted a preliminary plat / subdivision application for single family lots, including a two - family structure on the corner of First Ave / Hickory Trail. Background The planned development / Sensitive Areas Development Plan was for an 11 -unit multi - family building at the NW corner of the property. Clustering of dwelling units is permitted as a part of the planned development and sensitive areas process, as a means of minimizing disturbance to environmental features on the property (in the case, a stream corridor and wetlands along the east property line). The Planning and Zoning Commission had recommended approval by a vote of 4 -2, and a consultation between the Planning and Zoning Commission and City Council was held on July 30. A super- majority vote of the City Council (6 out of 7 votes) would have been required for approval, due to owners of more than 20% of the property within 200 feet protesting the planned development / rezoning. Conclusion Allen homes now has submitted a preliminary plat / subdivision for the property for a nine -lot subdivision with a two -unit structure on the corner (ten total dwelling units — see attached). Construction of single family and two - family structures are exempt from Sensitive Areas Ordinance provisions provided there is no encroachment into a protected sensitive area or jurisdictional wetland. The preliminary plat is under review, and we anticipate it being on the Planning and Zoning Commission's August 21 agenda. It will tentatively appear on the City Council's September 2 agenda. § \ > u| § m I§ $ |)! <Ug E 9j, Ey - > / � \ | § \� c 0. �§ < W \; \#� ■ � � � � .� , .� .� m K■ £ |& I e � ! ) q� | � . ( &z �- ° z § ! ■!r( � / 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 12014. Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK Appr d by City Attorneys 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 ppdadnVagt1rez14 -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 -213. 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: Marian K. Karr, City Clerk Approved by: ppdadm /agt/rez14 -00005 first ave cza final. doc 2 B Jess Allen, Owner By: City Attorney's Office r 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 MJ�� _ 2014 by -- -� - a i ✓� as Ir of A j FWENDY S. MAYER Notary Publ' m and for said unty and State CO MGWw Number 729428 My Commi_ n Expires (Stamp or Seal) Title (and Rank) (_.,; cek 5-e_ S f .e— c.,, (J , 0 ppdadm/a9t/rez14 -00005 first ave cza final. doc 3 N............ II II =1 II IEa:rrri € =11 it II 11. :II IE .' E la ! ds E • F a EAR to i6x! 3a �F �r9 �s allr �3 $p1 Hp r- 0 —1 N Zx 0M r� Oz 4�,-< wC/) m TI L G D—i> �ZD cn O C/) DOo m r _ m �m mZ ;� Dz O m � &Fs� !� �aF gi FEFEF EEa �a, ei�Fiy a a E 43 EAR to i6x! 3a �F �r9 �s allr �3 $p1 Hp r- 0 —1 N Zx 0M r� Oz 4�,-< wC/) m TI L G D—i> �ZD cn O C/) DOo m r _ m �m mZ ;� Dz O m � JAI I l i. � y M � Ln z r A\� S �mm r- . <~ r D, 0r, z m x Ln : r rvm� \L1 'mD mm D ..a �r O-6 zr m x rmw =o w�� �r-< M Dr �r O.6 z� m x h CITY OF IOWA CITY MEMORANDUM Date: July 28, 2014 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator Re: Allen' Homes proposed project at corner of First Ave / Hickory Trail As requested at the July 15 City Council meeting, Allen Homes / Neumann Monson Architects have provided images of the proposed 11 -unit building at the northwest corner of First Ave / Hickory Trail without landscaping. See attached. I \�� r n ,p m � mm G' D F+ -I r O-6 zr m X rmw � =o Ili mr N > U) LO � r � M <m ' zO r, r m x �j -n m w0� �mr- < 0D m- 00 �z z 0 r- 0 i cn r a m PA r r m X n Ln n m m A O n V1 Z M N O (/f —A{ 1� < m r- . m F.a �µ O r' z x Az PA N O V1 A � � A � Mm m• U N � N C) o� �r zm m K A i n i i a 7 > ) y J PROT'ES'T OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA CITY 0FI01-VX CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths of all the members of the council, all in accordance with Section 414.5 of the Code of Iowa. Property Address: ;',�" 5S C , Property Owner(s): A By: --0 By:r INDIVIDUAL PROPERTY OWNER(S): w i P-0 ;- p STATE OF IOWA ) "` { JOHNSON COUNTY) ss: t: r This instrument was acknowledged before me on (Date) by "rn CL 54e ,, and (name(s) of individual property owner(s)). We Notary Public in and for e State of Iowa OW AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S): STATE OF IOWA ) JOHNSON COUNTY) ss: This instrument was acknowledged before me on (Date) by (name(s) of person(s)) as (type of authority, such as officer, trustee) of (name of property owner) . Notary Public in and for the State of Iowa Orig: Subd Folder 02/2013 Cc: CA — PCD - Council - Media File Marian Karr From: Jennifer McDonald [mailto:jmcdonald @mchsi.com] Sent: Monday, July 28, 2014 11:02 AM To: Council Subject: opposition to rezoning of property of Hickory Trail /First Ave, Iowa City Dear Council members, I would like to thank you for the support you showed on July 15th. The impression I received from that meeting was that all the council members had done their homework and had listened to the community. I understand there will be a meeting on July 30th with the council and Planning and zoning to discuss the property. I hope the committee will continue to have the communities interest at heart. Please follow the comprehensive plan that was reaffirmed last year. Here is my main concern over this rezoning issue. We purchased our home with the knowledge that those lots were zoned RS -5. We assumed that only single family homes would be built on these lots. Please stay with the comprehensive plan 2030. After review of the developer's plans, I 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 be span almost 4 stories in height. - The drive way is long, unsight and has parking spaces. Cars turning into the driveway coming off 1st Ave will blare their headlights directl� into the back of all the houses along Cypress Court. - 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. Finally, there are too many multi units on First Avenue. Please stay with the comprehensive plan 2030 and vote not to rezone this property. Thank you for your time, Jennifer McDonald 855 Cypress Iowa City, IA Marian Karr From: Synan, Ann <ann -synan @uiowa.edu> Sent: Tuesday, July 29, 2014 4:25 PM To: Matt Hayek; Susan Mims; Kingsley Botchway; Rick Dobyns; Terry Dickens; Michelle Payne; Jim Throgmorton Cc: Council; PlanningZoning Public Subject: Opposition to the Rezoning of the Property at N. First Ave and Hickory Trail Iowa City Council 410 E. Washington Street Iowa City, IA 52240 July 29, 2014 Dear Mayor Hayek, Pro Term Mayor Mims and Councilors Botchway, Dobyns, Throgmorton, Dickens, and Payne: Thank you for your careful consideration of the information regarding the proposed rezoning of the property at North First Ave and Hickory Trail presented to you at the July 15, 2014 City Council meeting. We appreciate that several councilors as well as some Planning and Zoning commissioners have come out to visit the property and see this issue from the perspective of the residents in the Bluffwood Neighborhood. We hope that you will choose to uphold the 2030 Comprehensive Plan and deny approval of the rezoning to allow a multi -unit dwelling to be built on the property -- which has always been part of the First and Rochester Subdivision and has always been zoned for single family detached homes. The character and identity of our Bluffwood Neighborhood -- and of neighboring Hickory Hill Park -- has already been threatened by the number of multi -unit dwellings that have been built along the few blocks from Rochester Ave to Hickory Trail -- most recently the large and unsightly multi -unit dwelling that is under construction (Hickory Pointe) on the property directly across from the property that has the rezoning request. As many of you are aware, Hickory Pointe was rezoned for the purpose of building clusters of town homes and that application was amended within a year to allow a "cluster" of 16 units to be built in ONE building with a massive and unattractive retaining wall. The building, at the edge of Hickory Hill Park, and viewed from our homes on Cypress Ct and elsewhere in the neighborhood, has been recognized by Planning and Zoning commissioners and City Councilors as a "mistake ". It does not blend in with the surrounding neighborhood. We feel the proposed development on Mr. Allen's property would be another mistake. Mr. Allen bought the property at First and Hickory Trail with the knowledge that the land was zoned RS5 for single family homes. He never considered building single family homes in this established subdivision. He proposed a plan that would might allow him to build something on the property -- but not taking into consideration that homeowners in this established subdivision bought with the confidence that single family homes would be built on this property. Mr. Allen took a risk that the City might allow him to rezone this property -- a risk that now risks the investments of all of the Bluffwood Neighborhood. We hope that you will uphold the RS5 ordinance. Sincerely, Ann Synan 833 Cypress Court Iowa City Marian Karr From: Synan, William J <william -synan @uiowa.edu> Sent: Tuesday, July 29, 2014 4:11 PM To: Matt Hayek; Susan Mims; Kingsley Botchway; Rick Dobyns; Terry Dickens; Michelle Payne; Jim Throgmorton Cc: Council; PlanningZoningPublic Subject: Opposition to rezoning on the east side of North 1st Avenue and Hickory Trail Attachments: FW_city_council.zip Dear Mayor Hayek, ProTerm Mayor Mims and Councilors Botchway, Dobyns, Throgmorton, Dickens and Payne: Thank you for listening to our concerns regarding the proposed rezoning with the intent to build an 11 unit condominium along the east side of North 1 st Avenue and Hickory Trail. I would like to make one other observation pertaining to the proposed development. In 2011 an application was submitted to rezone a 23 acre plat of land from RS -5 to OPD -5 to create a 55 lot residential subdivision located at 2949 Rochester Avenue in Iowa City. The developer, Mr. Allen, is involved with this ongoing subdivision at Rochester Avenue. There is a large stretch of that property which runs along Rochester Avenue, an arterial street. When the application to rezone was submitted there were no recommendations or discussion of " clustering" homes into a single multiunit building in order to preserve green space along this arterial street. There was no discussion of preserving wetlands or trees. However, there was discussion of disturbing 100% of the wetlands and 89 % of the wooded areas. Please note, the planning and zoning staff and commission approved the application for this rezoning pending a Wetland mitigation plan being approved by the U.S. Army Corp of Engineers and a plan for the applicant to work with the City Forester to replace 134 trees. The Planning and Zoning staff even said the proposed development "would be compatible with the nearby neighborhood." The property aligning Rochester Avenue, an arterial street, was divided into single family home residential lots. If the developer wants to build an 11 unit condominium why doesn't he submit an application to amend the rezoning in the subdivision at Rochester Ridge along Rochester Avenue? I suspect if he did, the homeowners who purchased homes in Rochester Ridge one or two years ago would be protesting just like us. Single family homes or single family -style homes can be built along 1 st Avenue in the First and Rochester Subdivision. This is why so many of us bought here in the Bluffwood neighborhood years ago just like the people who are buying now at Rochester Ridge. We, too, bought in a single family residential neighborhood. I am confident that these two parcels of land can be developed tastefully and esthetically in a manner in which it blends and is compatible with the adjacent single family homes in our neighborhood. Please see the attached aerial views of the Rochester Ridge Development and the First and Rochester development. Respectfully, William Synan F - F _ - a_C . —_ - v ' " =Fr1 r/* Ak - � Legend lf[ }1 Iz, r �� wr K 7 ■ b V I l R 411 PM r Y R/ g httF.. ic..ecity.iowaas or om.:parcel,php'gid= 208784 .� n 4� Sowa City x j'Corwa! - asdM 0 250 J e� x � Views o Search Legend o Help � l � Tools v Y R/ a http':!icwacity.iowaas or om.:parcel,php'gid= 208784 .� n 4� Sowa City x j'Convmt - &Sdeck 50' µ ` S$ 11 14 lYJ J- N� w v _ ■ ,v o Views Search I, Legend Flelp '1 ru .r � Tools WEST k20 PM 7 s 0 r µ ` S$ 11 14 lYJ J- N� w v _ ■ ,v o Views Search I, Legend Flelp '1 ru .r � Tools WEST k20 PM 7 �v httpK / /city.iowaas omcom :el chp ?gid= 209789 .o' n4� Sowa City x �'Conrwt � �Seleck A.* :1>7�, � Views o Search Legend y o Help � Tools 'rlindcws f.ledia Player _ -ilf Marian Karr From: rorzweiler @juno.com Sent: Tuesday, August 05, 2014 10:27 PM To: Council Subject: Proposed Condo at 1 st Ave. and Hickory Trail To: Iowa City Council We live in the Bluffwood Neighborhood and want to share our thoughts on Jeff Allen's proposed condo building on the NE corner of 1st. Ave. and Hickory Trail. We were at the joint meeting with the council and Planning and Zoning and a few things came up in the P &Z comments that need a response. "The houses on Cypress Ct. are a block away ". That is not correct and the map shown on the screen show the lots directly abut. This is quite different then the condo building across 1 st. Ave. that has no residences abutting. "There is no guarantee that future developments will comply with zoning, things change ". The people who purchased homes backing onto this property bought with the understanding the city had looked at this property and expected single family or something close to that to be constructed. It would seem if anything might happen, the city should end doing planning studies and zoning and just listen to any proposal a developer might come along with. Using this logic, the larger remaining green space could have a second building put in by doing a similar appeal of rezoning the property. "There is a need for housing for aging Boomers and this would fill the need." The number of similar units on 1 st. Ave. and Rochester has continued to grow dramatically. With the completion of the building to the north of the Hickory Hill park entrance and the approved building to the south, there will be 30+ more units available in one calendar year in the same location. Not sure how many units in this area would cause a glut. "Nobody likes change but the neighbors will come to like it." Why would the city require getting the adjoining neighbors opinions if the P &Z can ignore them? The longtime taxpayers who are in the 300' adjoining area deserve to have their voices listened to. There were other comments that were helpful to the discussion as we work together to determine what would be best for the lot. John Yapp said the city could approve a plan to have 7 single family lots and a duplex on the corner for a total of 9 units. This is what the neighbors have expected and would be most in keeping with the neighborhood. No individual building would dominate the view of the current neighbors. Jim Throgmorton said the additional curb cuts would not be a bad thing on 1 st. Ave. They have a calming effect on traffic that runs long straight away without curb cuts goes faster. This is clear when you drive down Rochester. Another P &Z member walked the neighborhood and said the multifamily unit on the corner of Stewart Ct. blended in much better then the proposed Allen building. A smaller scale building would blend better with the neighborhood. Buildings that rise above the height of the trees, detract from the natural look of the Hickory Hill Park neighborhood. This would be our second choice after the option of 7 single family /1 duplex. In conclusion we hope the council will take seriously the voices of the neighbors and affirm the zoning that city planners have put in place. Thank you for listening. Richard and Debra Dorzweiler Sb Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00006) ORDINANCE NO. 14 -4590 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 012'31 "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 °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. 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. 14 -4590 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 19thday of August , 2014. ATTEST: ✓21�W�� CITY CLERK Ive'd by City Attorney's Office Q ke //9 Ordinance No. 14 -4590 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: x Botchway Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 07/15/2014 Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: Botchway. 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 /agUrez14-00006 cza- hodge- rohret.d0cFez!4 00906 F94eIGOadiiaAa! zea;a "s agtiemeRt .,� .� tea" a^^ 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 °50'48 "W, 729.53 feet; Thence N18 °07'42 "E, 103.49 feet; Thence N87 053'54 "E, 200.08 feet; Thence N77 °08'39 "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 ppdadm /agt/rez14 -00006 cza- hodoe- rohret.docrez44599064ekxetsoad tieraalaea r gagFe araR -dec 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 Z5 day of ,.-1 "f , 2014. CITY OF IOWA CITY HODGE CONS RUCTION CO. Matthew J. Hayek, Mayor By: Attest: Mahan K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA By: ) ss: JOHNSON COUNTY ) p This instrument was acknowledged before me one u� /�y, 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respfidively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) o iac� KELLIE K. TUTTLE commission Plumber 221819 Title (and Rank) My Co % � issi n Expires Iowa '- CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on i S "11441"e 7'H , 0 2014 by ,v► ;, .h vt 1 E f 1"6) y-e as re s,h L4r sl��� h Cam., . ,✓ Notary P d fo County and State (Stamp or Seal) Title (and Rank) ppdadrrUagUrez14 -00006 cza- hodge- rohretdoc 3 j - KEVIN D. GDI MANN Commit ion Number 719868 My Con""= .ros Z A z O p W U - Y ♦M ' " W, Q a a o �w o z LO '^ _ gyms _" li > > CZ ppScm w J € < U U z o LN� s a 00 z O p W U W, Q a a o �w o z LO '^ _ gyms _" li > > CZ ppScm w J N < U U z zQ O a W - s a 00 1_ a� � 8 � Qom® � •d gZ �a Ile 1...... 1.. g�ia 3p B. g p °� hill lip 4pppap.e�re.ol i ® a,g8 o i..il iJsp i IIII11 � y�Ye p �. Bill II' �pMp9p••j+D "�1 I•, i YY$ b �v p W U �o Q a a o �w o z LO '^ _ gyms fm3 N w 1_ a� � 8 � Qom® � •d gZ �a Ile 1...... 1.. g�ia 3p B. g p °� hill lip 4pppap.e�re.ol i ® a,g8 o i..il iJsp i IIII11 � y�Ye p �. Bill II' �pMp9p••j+D "�1 I•, i YY$ b �v ;;i 11 �',', o � (,' i� � ,I 3 u $ _ � � � 3 j - f Y a � a w� oa �� �C o'u _� L o� wz �o :s is a� �„ �� �� mo Marian Karr From: kevin digmann <kdigmann @yahoo.com> Sent: Tuesday, July 22, 2014 8:38 AM To: Marian Karr Cc: Mike Hndgp- Annie Seegmiller Subject: 2815 Rohrettand 203 N Linn St Marian, At the 7 -15 -14 City Council meeting the re- zoning for 815 Rohret Roa and 203 N Linn St passed first consideration. Due to the Council only meeting once in July and August, we would request the collapse of the second and third reading and pass and adopt at the August 19th meeting. This request is being made for both properties. Thank you for your consideration. Kevin Digmann Hodge Construction Company Please confirm you received this email and the above request is adequate. 5c Prepared by: Kirk Lehmann, Development Services Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00009) ORDINANCE NO. 14 -4591 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. 14 -4591 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 19th day of August , 2014. ATTEST: T - 7 � CIT CLERK App ved by City Attorney's Office Ordinance No. 14 -4591 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 07/15/2014 Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it],-is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne., Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway. 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/agt/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 19th day of . August CITY OF IOWA CITY Matthew J. Haye , a or Attest: Mari n K. Karr, City Clerk WIMM li,� /,/ er, , 'k, By: Emrico Properties LLC ppdadnVagUcza for rezl4 -00009 riverside dr hanick.cao approved.doc 2 of 4 Approved by: ILJI"t CI y Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on A - l h 2014 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. '��a"' j (-- - / —21 � Notary Public in and for the State of Iowa (Stamp or Seal) KELLIE K. TUTTLE Title (and Rank) 2 ,� Commission Kumber2 E819 �4y Com issi n Expires rowA My commission expires: HARTWIG PROPERTIES LLP ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2014 by < <eV f � T rQ 1'+"'' q_ (Name(s) of individual(s) as r%V`t'S r` cQe�l"�' j� (type of authority, such as officer or trustee) of of Hartwig Properties LLP. Notary Public in and for said County and State (Stamp or Seal) Vim TIT ( p 167855 es Title (and Rank) My commission expires: 0— 3/ — //�, � ppdadmlagVcza for rez14 -00009 riverside dr hanickcao approved.doc 3 of 4 EMRICO PROPERTIES LLC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on �J �� 2014 by k'e 11 ' `\ 144A " c.L (Name(s) of individual(s) as a't'L -w (type of authority, such as officer or trustee) of Emrico Properties LLC. &'ta-e (-� ��e. <. Notary Public in and for the State of Iowa k4MCAR,101- A. PETTIT (Stamp or Seal) mission Number 167855 M CAng)ion F Aires Title (and Rank) v My commission expires: ppdadmlagUcza for rez14 -00009 riverside dr hanick.cao approved.doc 4 of 4 Marian Karr From: kevinhanick @gmail.com on behalf of Kevin Hanick <kevin @hanick.com> Sent: Monday, August 04, 2014 10:31 AM To: Marian Karr Subject: request for Council Hello Marian! I am writing to formally request that the Rezoning of the 3.02 parcel on Riverside Drive (Hartwig Property), which has already been through the first reading and passed unanimously, be considered for expedited voting. I am hoping that the second and third readings be considered at the next Council meeting. We need to get the project on a timeline and the expedited vote will be of great assistance. Thank you and let me know if you need any more information. Kevin Hanick r5d Prepared by: Planning Intern, Ashley Zitzner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ 14- 00007) ORDINANCE NO. 14 -4592 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 19th day of August , 2014. ATTEST: ha,, e e �� -2 CIfY CLERK Appr ved by City Attorney's Office Y Ordinance No. 14 -4592 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: X= x x x x x NAYS: First Consideration Vote for passage: Hayek, Mims, Second Consideration _ Vote for passage: ABSENT: x 07/15/2014 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton AYES: Throgmorton, Botchway, Dickens, Dobyns, Payne. NAYS: None. ABSENT: None. Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Payne, Throgmorton, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: Botchway. 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 /agU ^orc it oral zoning aaraement- historic bodge.docsenditionN zonaxj- agreemeAtdoc 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 19th day of August , 2014. CITY OF IOWA CITY Matthew Hayek,�Mayor Attest: Marian'-X. Karr, City Clerk By: Approved by: City Attorney's Office ppdadm /agUconditional zoning agreement - historic hodge. docconditional- zoning - agreement:doc 2 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , L ��, 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)t ^i s i<E�uE Commission K. �urr1e o` Number 221819 11t pry Com issi n Expires Title (and Rank) HCB PROPERTIES ACKNOWLEDGMENT: State of TA County of This record was acknowledged before me on �u 1 ao�'t (Date) by K ; j-5-�,t Fs :,T— (Name(s) of individ al(s) as r, 0 0 A +-k A fiA. (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Notary Publicqn and for the State :of Iowa 49w WENDY S 729429 . MAYER o Commission Number (Stamp or Seal) My Commission Expires ow Title (and Rank) L r �►-� My commission expires: `1�lb�llo ppdadm /agt/cordit onal zoning agreement - historic hodge. docsonditioral- -r_onfro- agreement.doe 3 Marian Karr From: kevin digmann <kdigmann @yahoo.com> Sent: Tuesday, July 22, 2014 8:38 AM To: Marian Karr Cc: Mike Hodge; Anni(jSeegr4jller Subject: 2815 Rohret and 03 N Linn t Marian, At the 7 -15 -14 City Council meeting the re- zoning for 2815 Rohret Road and i N Linn S assed first consideration. Due to the Council only meeting once in July and August, we wou request the collapse of the second and third reading and pass and adopt at the August 19th meeting. This request is being made for both properties. Thank you for your consideration. Kevin Digmann Hodge Construction Company Please confirm you received this email and the above request is adequate. 5e Prepared by: Bailee McClellan, Planning Intern, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (REZ14- 00002) ORDINANCE NO. 14 -4593 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 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. Ordinance No. 14 -4593 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 19th day of August , 2014. LVA •- ATTEST: CI CLERK A rrp- ved by t elu City Attorney's Office 0 (I ` I I Ordinance No. 14 -4593 Page 3 It was moved by Payne and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 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 08/28/2014 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 19th day of August _)2014 CITY OF IOWA CITY 4 sQ Matt Hayek, Mayor Attest: Man n K. Karr, City Clerk Approved by: City Attorney's Office ppdadm /agt/conditional zoning agreement.doc 2 By: g M CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on er 20by 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) 0, 1 �� KELLIE K. TUTTLE Title (and Rank) '!,S CommlSSion Niumber221819 _gym N"JYCOm issio Expires AGRD GREEN BAY, LLC ACKNOWLEDGMENT: State ofw� - - County of This record was acknowledged before me on - ZO (Date) by bey) 58:SAOP-i (Name(s) of in livid al(s) as Lk ,4 a (type of authority, such as officer or trustee) of it -C Cov,eQ , 3cx ti LLL. (name of party on behalf of whom record was executed). 5 Notary Public in and for the State of low (Stamp or Seal) eamm mtoa Numba 742461 t yes Title (and Rank) My commission expires: g Z� ppdadm /agt/conditional zoning agreement.doc 3 5f Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5252 ORDINANCE NO. 14 -4594 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. 2. 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: I. 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. 14 -4594 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. 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 19thday of August 12014 A MAYOR ATTEST: CITY CLER Appr ved by , 1964, City Attorney's Office �� /!J Ordinance No. 14 -4594 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x NAYS: First Consideration Vote for passage: AYES: Payne, Throgmorton. Second Consideration _ Vote for passage: ABSENT: x 07/15/2014 Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Botchway, Dickens, Dobyns, Hayek, Mims, NAYS: None. ABSENT: None. Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meeting prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: Botchway. �I Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5120 ORDINANCE NO. 14 -4595 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 Oft 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 19thday of August 2014. Ordinance No. 14 -4595 Page 2 sf- ATTEST: CITY-CLERK Appr ed by �z-41C City Attorney's Office Ordinance No. 14 -4595 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 07/15/2014 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway. L08-19'-14 11 Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5252 ORDINANCE NO. 14 -4596 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. 14 -4596 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. 14 -4596 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 19th day of August , 20_L6�. wle AT TEST: CITY LERK Appr ved by "e7— C ty Attorney's Office Ordinance No. 14 -4596 Page 4 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration Vote for passage: AYES: Payne, Throgmorton. 07/15/2014 Botchway, Dickens, Dobyns, Hayek, Mims, NAYS: None. ABSENT: None. Second Consideration --------------- - -- Vote for passage: Date published 08/28/2014 Moved by Mims, seconded by Dobyns, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Hayek, Mims, Payne, Throgmorton, Dickens, Dobyns. NAYS: None. ABSENT: Botchway.