HomeMy WebLinkAbout2014-11-18 Ordinancer..a
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 3J :,*-5�4 (REZ14i
00015) -.
ORDINANCE NO.
ORDINANCE CONDITIONALLY REZONING 39.6 ACRES OF PROPERTY"-FROIWN INTtMM
DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID -RS) ZONE TO LOW DENSIS SINGLE-FAMILY
RESIDENTIAL (RS -5) ZONE FOR 32.34 ACRES AND LOW DENSITY MULTI -FAMILY (A* -12) FOR
7.26 ACRES LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (REZ14-00015)
WHER!v�e!r'Htig
e applicant, Build to Suit Inc., has requested a rezoning of propellocated at 4701
Herbert Hoay from Interim Development Single Family Residential (ID S) zone to Low
Density Single -Fa ' (RS -5) zone for 32.34 -acres and to Low Density M ti -Family (RM -12)
zone for 7.26 -acres; d
WHEREAS, the Com ehensive Plan — Northeast District/tt
dicates th the subject property is
appropriate for a mix of multi mily and single family residential dent; and
WHEREAS, the Plannin and Zoning Commission has iewed a proposed rezoning and
determined that it complies with he Comprehensive Plan provit it m is conditions addressing the
need to provide sanitary sewer a d water service to the propped strian access route to the city
sidewalk system and general adhe nce to the concept plan to t t the RM -12 zone is designed in
compliance with the ComprehensivPlan policies regarding ' ility with the adjacent residential
neighborhood and appropriate develo ent appearance for aneway to the city; and
WHEREAS, Iowa Code §414.5 (2 13) provides that the Iowa City may impose reasonable
conditions on granting an applicant's re ning request, over ve existing regulations, in order to
satisfy public needs caused by the request change; and
WHEREAS, the owner and applicant ha agreed thatt property shall be developed in accordance
with the terms and conditions of the Conditio I Zoning Ag ement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED B`
IOWA:
SECTION I APPROVAL. Subject to the Condi
herein, property described below is hereby reclass
THE ZITY COUNCIL OF THE CITY OF IOWA CITY,
Zoning Agreement attached hereto and incorporated
om ID -RS to:
TRACT #1 RS -5
BEGINNING AT THE SOUTHWEST CO NER OF�`�HE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SEC ON 7, TOWI`(SHIP 79 NORTH, RANGE 5 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, JOHN ON COUNTY, POWA; THENCE N00°04'35"W, ALONG THE
WEST LINE OF SAID NORTHWES ONE-QUARTER, X116.9 FEET; THENCE S89'28'23"E, 277.8
FEET; THENCE S00°03'19"E, 1 4.0 FEET; THENCE,, S89028'23"E, 559.8 FEET; THENCE
N00031'37"E, 154.0 FEET; THEN S89028'23"E, 318.3 FEET; THENCE N00°03'19"W, 204.6 FEET,
TO A POINT ON THE NO H LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
N89056'41"E, ALONG SAID NORTH LINE, 160.0 FEET, `,TO THE NORTHEAST CORNER
THEREOF; THENCE S00° '31"W, ALONG THE EAST LINA} OF SAID NORTHWEST ONE-
QUARTER, 1313.7 FEET TO THE SOUTHEAST CORNER TFIEREOF; THENCE N89°53'03"W,
ALONG THE SOUTH NE OF SAID NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID
POINT OF BEGINNI CONTAINING 32.34 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF ECORD.
BEGINNING A THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST NE -QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE
FIFTH PR CIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°56'41"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER, 1157.5 FEET; THENCE S00°03'19"E, 204.6
FEET; THENCE N89°28'23"W, 318.3 FEET; THENCE S00°31'37"W, 154.0 FEET; THENCE
N89028'23"W, 559.8 FEET; THENCE N00°03'19"W, 154.0 FEET; THENCE N89°28'23"W, 277.8
FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
Ordinance No.
Page 2
N00°04'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 7.26 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 atte t, the Conditional Zoning Agreement between the property owner and the City,
following passage and appro I of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approv)rec
he Ordinance, the
City Clerk is hereby authorized nd directed to certify a copy of this ordinance, andd the same in the
Office of the County Recorder, hnson County, Iowa, at the Owner's expense, he final passage,
approval and publication of this ordi ance, as provided by law.
SECTION V. REPEALER. All o inances and parts of ordinances in conflict wprovisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If a
invalid or unconstitutional, such adjudicc
section, provision or part thereof not adjL
SECTION VII. EFFECTIVE DATE.
and publication, as provided by law.
section, provision or part of the Ordi
on shall not affect the validity of the
ed invalid or unconstitutional. /
This Ordinance shall be in effecVai
Passed and approved this day of
20
:e shall be adjudged to be
inance as a whole or any
its final passage, approval
MAYOR--
ATTEST:_
CITY CLERK
Approved by
City Attorney's Office
P.9
CD
Gam_
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-590-fREZ- 400015 ,
c') -t N
CONDITIONAL ZONING AGREEMENT mak'
r-- -
THIS AGREEMENT is made between the City of Iowa City, Iowa, a mudplipal q rporZ
(hereinafter "City") and AGRD Green Bay, L.L.C. (hereinafter "Owner/Applica6n.
WHEREAS, th Owner/Applicant is the legal title holder of a roximately 39.6 acres of
property located at 470 Herbert Hoover Highway; and
WHEREAS, the caner/Applicant has requested the re ning of said property from
Interim Development Sin le Family Residential (ID -RS) to Low Density Single Family
Residential (RS -5) for 32.3 acres and Low Density Multifami Residential (RM -12) for 7.26
acres; and
WHEREAS, the PlanninR and Zoning Commiss
rezoning and determined that it c mplies with the Compr
conditions addressing the need to rc
pedestrian access route to the city si
k
to assure that the RM -12 zone is des
regarding compatibility with the
development appearance for an entran
e sanitary sewer
3Ik system and
d in complianc
scent resid ti
io has the reviewed the proposed
ensive Plan provided that it meets
and water service to the property, a
eneral adherence to the concept plan
with the Comprehensive Plan policies
al neighborhood and appropriate
Vay to the ci ; and
WHEREAS, Iowa Code §414.5 (20I�
reasonable conditions on granting an applic
regulations, in order to satisfy public needs ca
�des that the City of Iowa City may impose
rezoning request, over and above existing
by the requested change; and
WHEREAS, the Owner/Applicant ackn w dges that certain conditions and restrictions
are reasonable to ensure the development of he p perty is consistent with the Comprehensive
Plan and the need for pedestrian accessibili ; and
WHEREAS, the Owner/Applicant agrees o develop th property in accordance with the terms
and conditions of a Conditional Zoning reement.
NOW, THEREFORE, in
agree as follows:
1. AGRD Green Bay, L.L.C.
of the mutual pros rises contained herein, the parties
the legal title holder of the property legally described as:
TRACT #1 /EH
BEGINNINE OUTHWEST CORNER OF THE N RTHWEST ONE-QUARTER
OF THE NA T ONE-QUARTER OF SECTION TOWNSHIP 79 NORTH,
RANGE 5 O THE FIFTH PRINCIPAL MERIDIAN, J HNSON COUNTY, IOWA;
THENCE "W, ALONG THE WEST LINE OF S ID NORTHWEST ONE-
QUARTERFEET; THENCE S89°28'23"E, 277.8 FEE THENCE S00°03'19"E,
154.0 FEECE S89°28'23"E, 559.8 FEET; THENCE NO °31'37"E, 154.0 FEET;
THENCE S3"E, 318.3 FEET; THENCE N00°03'19"W, 20 .6 FEET, TO A POINT
ON THEH LINE OF SAID NORTHWEST ONE- UARTER; THENCE
N89°56'41"NG SAID NORTH LINE, 160.0 FEET, T THE NORTHEAST
CORNER ,OF; THENCE S00°07'31 "W, ALONG THE EAST LINE OF SAID
ppdadm/agt/oonditional zoning agreement.doc
NORTHWEST ONE-QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER
THEREOF; THENCE N89053'03"W, ALONG THE SOUTH LINE OF SAID
NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 32.34 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
TRACT #2 RM -12
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECT ` N 7, TOWNSHIP 79 NORTH,
RANGE 5 W ST, OF THE FIFTH PRINCIPAL MERIDI N, JOHNSON COUNTY, IOWA;
THENCE N8 °56'41"E, ALONG THE NORTH LIN OF SAID NORTHWEST ONE-
QUARTER, 11 7.5 FEET; THENCE S00°03'19"E, 20.6 FEET; THENCE N89°28'23"W,
318.3 FEET; T NCE S00°31'37"W, 154.0 FEET; ENCE N89°28'23"W, 559.8 FEET;
THENCE N0000319"W, 154.0 FEET; THENCE N8 °28'23"W, 277.8 FEET, TO A POINT
ON THE WES LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
N00°04'35"W, AL G SAID WEST LINE, 92.8 FEET, TO SAID POINT OF
BEGINNING, CON INING 7.26 ACRES, D SUBJECT TO EASEMENTS AND
RESTRICTIONS OF CORD.
2. The Owner/Applicant ack�c
principles of the Compre
parties acknowledge that Ic
may impose reasonable cor
above the existing regulatio
change.
3. In consideration of the City's
that development of the subj
zoning chapter, as well as the
A. The owner/developer will
to this property.
dges that t e City wishes to ensure conformance to the
ve Plan rid the Northeast District Plan. Further, the
Code §04...5 (2013) provides that the City of Iowa City
ms on anting an applicant's rezoning request, over and
in ord to satisfy public needs caused by the requested
the subject property, the Owner/Applicant agrees
;rty will conform to all other requirements of the
i conditions:
for providing sanitary sewer and water service
B. The owner/developer 011 provide a pe strian access route to the city sidewalk system
at the time of developme t.
C. Development of thfi RM -12 zone will be substantial compliance with the concept
plan, attached heret and reference made pa of this agreement, showing townhouse
style multi -family bu' dings with driveway access Nom a rear lane.
D. Approval of a d velopment plan, includinga Ian caping plan, exterior building designs,
and site plan by he Design Review Committee to nsure Comprehensive Plan policies
regarding com atibility with lower density resi ntial properties and appropriate
development pearance for an entranceway to the ci , will be required -prior to�wpproval
of a building r1eirmit.
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4. The Owner/Applicant and City acknowledge that the conditions contaiped Aerein a
reasonable conditions to impose on the land under Iowa Code §414.5113)r,and t
said conditions satisfy public needs that are caused by the requested z ria g 6hange
r~
ppdadm/agt/conditional zoning agreement.doc 2
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 wi h the land and with title to the land, and shall remain in full force
and effect as a coven t with title to the land, unless or until released of record by the
City of Iowa City.
The parties further ackn\feder
at this agreement shall inure to a benefit of and bind
all successors, represend assigns of the parties.
7. The Owner/Applicant aes that nothing in this C/Zoning Zoning Agreement
shall be construed tohe Owner/Applicant from complying with all other
applicable local, state, aregulations.
8. The parties agree that this Condi 'onal Zoning Agree ent shall be incorporated by
reference into the ordinance rezonin the subject proprty, and that upon adoption and
publication of the ordinance, this agr ement shall be ecorded in the Johnson County
Recorder's Office at the Owner/Applica 's expense.
Dated this day of
CITY OF IOWA CITY
Matt Hayek, Mayor
Attest:
20
M
Marian K. Karr, City Clerk By:
Approved by:
City Attorney's Office
o
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CITY OF IOWA CITY ACKN LEDGEMENT:
STATE OF IOWA )
s:
C-0
JOHNSON COUNTY
This instrument waV acknowledged before me on , 20_ by Matt Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
ppdadmlagt/conditional zoning agreemenl.doc 3
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 ----\\ ore
me on Date)
by ( ame(s) of individual(s) as
(type of autho ty, such as officer or trustee) of
(name of p y on behalf of whom record
was executed).
ry Publiq'in and for the State of Iowa
Title (ap d,,Rank)
My g6mmisson expires:
ppdadm/agt/conditional zoning agreement.doc 4
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STAFF REPORT
To: Planning and Zoning Commission
Item: REZ14-00015
GENERAL INFORMATION:
Prepared by: Robert Miklo
Date: October 16, 2014
Applicant: Build to Suit
PO Box 5462
Coralville, IA 52241
benl@buildtosuit.com
319-512-2322
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Ben Logsdon
benl@buildtosuitinc.com
319-512-5110
Rezoning from IDRS to RS -5 (32.34 acres) and RM -
12 (7.26 acres).
To allow residential development including single
family lots and multifamily buildings.
4701 Herbert Hoover Highway
39.6 acres
Interim Development Single Family Residential (ID -
RS)
North: Residential and agricultural — County
Residential (R)
South: St. Patrick's Church and agricultural — RS -5
and County Residential (R)
East: Agricultural - County Residential (R)
West: Agricultural - County Residential (RMF)
October 1, 2014
November 14, 2014
The applicant, Build to Suit Inc., has requested a rezoning for 39.6 acres of property south of
Herbert Hoover Highway from Interim Development Single -Family Residential (ID -RS) to Low
Density Single Family Residential (RS -5) for 32.34 acres and Low Density Multifamily (RM -12) for
7.26 acres. This property was annexed into Iowa City in June, 2014. The rezoning is subject to a
Conditional Zoning Agreement requiring that the developer provide temporary pedestrian access
to the city sidewalk system at the time of development.
2
ANALYSIS:
Current Zoning: The purpose of the Interim Development Zone (ID) is to provide for areas of
managed growth in which agricultural and other non -urban uses of land may continue until such
time as the City is able to provide City services and urban development can occur. The Interim
Development Zone is the default zoning district, to which all undeveloped areas should be
classified until City services are provided. Upon provision of City services, the City or the
property owner may initiate rezoning to zones consistent with the Comprehensive Plan, as
amended.
The applicant proposes to provide sanitary sewer service by installing a sanitary sewer line in
the right-of-way in Herbert Hoover Highway, and a lift station near the southeast corner of the
property to pump sewage to an existing gravity flow sewer line located in Olde Towne Village
approximately 2,500 feet to the west of this property. A water line would also be installed in the
County right-of-way. There is a possibility that in the future the applicant may obtain an
easement to allow sanitary sewer to gravity flow across the Miller property located to the south
east to connect to the trunk located in Stonebridge Estates south of Lower West Branch Road.
The City Engineer has reviewed the applicant's proposal and found that in concept it is an
acceptable method of providing utilities; however, more detailed plans will be required at the
time the property is platted.
As noted in the staff report for the annexation, to assure that development of this property does
not impose an undue burden on the City for the cost of extending sanitary sewer and water
service, staff recommends that the developer be required to cover the expense of bringing these
utilities to the property as a condition of the rezoning. The condition requiring that the developer
provide a pedestrian access route to the city sidewalk system at the time of development that was
agreed to at the time of annexation will also apply.
Proposed Zoning: The Low Density Single -Family Residential Zone (RS -5) is primarily
intended to provide housing opportunities for individual households. The regulations are
intended to create, maintain, and promote livable neighborhoods. The regulations allow for
some flexibility of dwelling types to provide housing opportunities for a variety of household
types (duplexes and attached single family on corner lots). This zone also allows for some
nonresidential uses that contribute to the livability of residential neighborhoods, such as parks,
schools, religious institutions, and daycare facilities. Related nonresidential uses and structures
should be planned and designed to be compatible with the character, scale, and pattern of the
residential development.
The RS -5 zone allows for single family lots with a minimum lot area of 8,000 square feet, and a
minimum lot width of 60 feet. Lots that provide vehicle access from an alley or rear lane have a
minimum lot size of 6,000 square feet, and a minimum lot width of 50 feet. Duplexes or attached
single family lots are allowed on street corner lots provided that there is at least 6,000 square feet
per unit. The RS -5 zone allows for consideration of some non-residential uses, such religious
institutions and day-care centers, by special exception through the Board of Adjustment.
RM -12 zoning is proposed for the northern 7.26 acres of the property along Herbert Hoover
Highway. The purpose of the RM -12 zone is to provide for the development of high density,
single-family housing and low density, multi -family housing. This zone is intended to provide a
diverse variety of housing options in neighborhoods throughout the City. Careful attention to
site and building design is important to ensure that the various housing types in any one
location are compatible with one another.
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Compliance with Comprehensive Plan: The Comprehensive Plan and the Northeast District
Plan future land -use maps show the subject property appropriate for low-density single-family
residential development with the possibility of townhouses north of Saint. Patrick's Church and
townhouses and small apartment buildings adjacent to Herbert Hoover Highway. Several of the
neighborhood design policies discussed for Lindemann Hills on pages 20 to 24 of the Norheast
District Plan apply to this property including:
*Development should integrate sensitive features including groves of trees and wooded
areas as amenities.
*Provide for a pattern of interconnect streets to allow for easier connections for pedestrians
and bicyclists, as well as cars, to parks and neighborhood commercial areas.
*Streets should enhance neighborhood quality. Alleys may be used to provide access and
parking while minimizing paving and extensive curb cuts in front of residences.
eEncourage housing diversity with townhouses and small apartment buildings being located
at major intersections, near commercial areas, and adjacent to parks and open space.
Apartment houses are intended to be small in scale and size, limited in number within any
single area of the neighborhood, and designed to fit in compatibly with nearby residences.
*Alleys for garage access will facilitate residences on small to medium-sized lots.
*Develop parks and neighborhood greens within three to four blocks of every residence.
These areas will help to add visual interest to the neighborhood and break up the street
pattern as well as provide accessible open space and play areas.
The applicant has submitted a concept plan showing how the property might develop if the
requested zoning is granted. The concept plan shows the majority of the property being
developed with single family lots (there is the possibility of duplexes on the larger corner lots)
with townhouse style multi -family buildings located adjacent to Herbert Hoover Highway. With
the exception of street connectivity to adjacent properties that will allow for creation of blocks
that adhere the maximum block face 600 feet, staff finds that the concept plan and the
proposed zoning pattern generally complies with the neighborhood design policies of the
Comprehensive Plan. At the time of platting the concept plan will need to be revised to comply
with the standards of the subdivision regulations.
If the concept plan for the southern part of the property is followed an existing street right-of-
way located between this property and the Saint Patrick's Church property will need to be
vacated. This can be addressed with an application to vacate right-of-way at the time the
preliminary plat is submitted for review.
The Plan stresses that careful attention to site and building design is important to ensure that
the various housing types in any one location are compatible with one another. To assure that
the development of the proposed RM -12 zone complies with the policies of the Comprehensive
Plan staff recommends that as a condition of approval development of the RM -12 zone will be in
substantial compliance with the concept plan showing townhouse style multi -family buildings with
driveway access from a rear lane, and be subject to approval of the Staff Design Review
Committee.
Traffic Implications: Herbert Hoover Highway serves as the arterial street connecting the
subject property with the rest of Iowa City to the west; it is currently is not built to city standards.
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Although the pavement is in reasonable condition, there is no curb, gutter, storm sewers or
sidewalks. The Subdivision Code gives the City the discretion to approve development on roads
that do not meet City standards, provided the developer contributes to the cost of improving the
street in the future. For arterial streets the fee is 12.5 % of the cost for improving the street
based the City Engineers estimate. The applicant will also be required to dedicate any
additional right-of-way necessary to bring Hebert Hoover Highway to arterial street standards
(50 feet for the south half of right-of-way). Payment of these fees and dedication of right-of-way
will need to a part of the developer's agreement at the time the property is platted.
Environmentally Sensitive Areas: There is a drainage way in the center of the property with a
stand of trees that could potentially contain regulated slopes and other areas regulated by the
Sensitive Areas Ordinance. The sensitive areas on the property will be further evaluated when
the property is subdivided. The applicant's concept plan shows much of that area being set
aside as an outlot for open space to be maintained by homeowners association.
Summary: Staff finds that the proposed zoning pattern generally complies with the
Comprehensive Plan, however at the time of preliminary plat review, changes will be necessary to
the concept plan for the RS -5 area to comply with the subdivision standards. Conditions are
recommended to provide for adequate infrastructure and compatibility of the multi -family
development with an entryway to the city and compliance with Comprehensive Plan policies.
STAFF RECOMMENDATION:
Staff recommends approval of REZ14-00015, a proposal to rezone approximately 39.6 acres of
property located south of Herbert Hoover Highway from Interim Development Single Family
Residential (ID -RS) to Low Density Single Family Residential (RS -5) for 32.34 acres and Low
Density Multifamily (RM -12) for 7.26 acres, subject to a Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water service to
this property.
2. The owner/developer will provide a pedestrian access route to the city sidewalk system at
the time of development.
3. Development of the RM -12 zone will be in substantial compliance with the concept plan
showing townhouse style multi -family buildings with driveway access from a rear lane.
4. Approval of a development plan, including a landscaping plan, exterior building designs,
and site plan by the Design Review Committee to ensure Comprehensive Plan policies
regarding compatibility with lower density residential properties and appropriate
development appearance for an entranceway to the city, will be required prior to approval
of a building permit.
ATTACHMENT:
1. Location Map
2. Concept Plan
3. Staff Report for Annexation (ANN14-00001)
Approved by: // ""e
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
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STAFF REPORT
To: Planning and Zoning Commission
Item: ANN14-00001 and REZ14-00002
GENERAL INFORMATION:
Applicant:
Contact:
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Prepared by: Robert Mikio and Bailee McClellan,
Planning Intern
Date: April 17, 2014
Build to Suit
PO Box 5462
Coralville, b4 52241
benl@buildtosuft.com
319-512-2322
Ben Logsdon
benl@buildtosukinc.com
319-512-5110
Edward Pechous
4848 480"' Street SE
Iowa City, IA 52240
Annexation and rezoning
To annex 39.6 acres north of city limits and to
rezone the property from County Residential (R) to
Interim Development Single Family Residential (ID -
RS)
South of Herbert Hoover Highway
39.6 acres
County Residential (R)
North: Residential and agricultural — County
Residential (R)
South: St. Patrick's Church and residential — RS -5
and County Residential (R)
East: Agricultural - County Residential (R)
West: Agricultural - County Residential (RMF)
March 13, 2014
April 27, 2014
Build to Suit Inc., with the consent of the property
annexation and rezoning of 39.6 acres souh HrberteH odverr Highway and north of 4330 St. .
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Patrick Drive. The applicant has requested the property be rezoned from County Residential (R)
to Interim Development Single -Family (ID -RS). The Comprehensive Plan future land use map
shows the property within the long-range boundary and identifies the property as appropriate for ,
residential development.
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through
voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be
reviewed under the following three criteria. The Comprehensive Plan states that voluntary
annexation requests should be viewed positively when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the city's long-range boundary. The
boundary is located approximately half of a mile east of the subject property if continuing
along Herbert Hoover Highway.
2. Development in the area proposed for annexation will fulfill an identfed need without
imposing an undue burden on the City.
Iowa City has a need for expanded housing options to accommodate a growing
population. The Northeast District Plan identifies the subject property as an appropriate
location for residential development, including single-family houses and townhouses and
mufti -family adjacent to Herbert Hoover Highway. Residential development of the subject r -
property will fulfill the need for increased housing availability in Iowa City.
The Comprehensive Plan encourages growth that is contiguous and connected to existing
neighborhoods to reduce the costs of providing infrastructure and City services. The
subject property borders the property containing St. Patrick's Church to the south which is
within the City limits, and therefore it is contiguous. However in the short term the only
street access will be from Herbert Hoover Highway, a county road, until such time that
additional properties to the west and or the southwest and southeast are annexed and
developed and streets are connected back to Scott Boulevard (Westbrook Drive or
Middlebury Road) and Lower West Branch Road to the south. The Public Works
Department has determined that in the interim, the cost of providing snow removal,
garbage collection and recycling, is likely to be covered by anticipated revenues from
development.
To assure that development of this property does not impose an undue burden on the City
for the cost of extending sanitary sewer and water service, staff recommends that the
developer be required to cover the expense of bringing these utilities to the property. The
preferred route for sanitary sewer is gravity flow across the Miller property located to the
south east to connect to the trunk located in Stonebridge Estates south of Lower West
Branch Road. An alternative but less desirable route would require a lift station to
connect to an existing sanitary sewer line on the St. Patrick's property. As noted below
the proposed zoning for the property is ID, which allows very limited development, until
such time that necessary infrastructure is available to serve the property.
The Comprehensive Plan and Northeast District future land use maps identify the City's
intention to incorporate the subject property and the surrounding properties into the City.
Infrastructure developed to serve the subject property will allow for easier connectivity of
f 3
future infrastructure for the surrounding properties, promoting future annexation and
development of these properties. In staffs opinion annexation of the subject property is
thus in the City's long-term interest for development of this area of the Northeast District
and will not impose an undue burden on the City.
3. Control of the development is in the City's best Interest.
The property is within the Long -Range Planning boundary. It is appropriate that the
proposed property be located within the city so that residents of future development may
be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City
to provide these services and assure that infrastructure meets City standards. Annexation
will allow the City to control zoning so that it is compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Compliance with Comprehensive Plan
The Comprehensive Plan and the Northeast District Plan show future land -use maps show the
subject property appropriate for low-density single-family residential development with the
possibility of townhouses north of St. Patrick's Church and townhouses and small apartment
buildings adjacent to Herbert Hoover Highway. The property is currently zoned County
Residential (R). The applicant has requested that the property be rezoned to Interim Development
Single-family Residential (ID -RS). The Interim Development zoneis appropriate for undeveloped
areas until the city is able to provide city services and a more detailed zoning plan is developed
consistent with the Comprehensive Plan.
Infrastructure
Sewer and Water
The developer will be required to connect the infrastructure for sewer and water for the subject
property to the existing city infrastructure. As noted above there are two possible routes for
sanitary sewer service. Water service will require an extension of a line along Herbert Hoover
Highway. No development will be possible until the applicant provides for extension of these
utilities.
Streets
Herbert Hoover Highway serves as the arterial street connecting the subject property with the
rest of Iowa City to the west; it is currently is not built to city standards. Although the pavement
is in reasonable condition, there is no curb, gutter, storm sewers or sidewalks. The Subdivision
Code gives the City the discretion to approve development on roads that do not meet City
standards, provided the developer contributes to the cost of improving the street in the future.
For arterial streets the fee is 12.5 % of the cost for improving the street based the City
Engineers estimate. The applicant will also be required to dedicate any additional right-of-way
necessary to bring Hebert Hoover Highway to arterial street standards (50 feet for the south
half of right-of-way). Payment of these fees and dedication of right-of-way will need to a part of
the developer's agreement at the time the property is platted.
One of the issues that the City has had to deal with in the past when we have had disconnected
subdivisions has been pedestrian access. We have had complaints about students not being
able to walk to schools and joggers complaining that they are isolated from the rest of the city
sidewalk and trail system. In two areas we had to put in temporary trails to connect subdivisions
to the schools and the larger sidewalk network. To address this staff recommends that at the
time of subdivision approval the developer propose a plan to provide at least a temporary
sidewalk connection, either along Herbert Hoover Highway or across the St. Patrick's property
to Lower West Branch Road.
4 (�
There is a future street right-of-way running east and west on the property to the south of the
subject property that has been dedicated to the development of a collector street that will
connect the subject property to current and future adjacent neighborhoods. The Northeast 14
District Plan shows a concept plan for future development of the subject property that includes
a series of collector streets that would provide connectivity within the development of the
subject property and to the surrounding areas. Prior to development the applicant will submit a
subdivision plat showing how the street pattern will be designed for this property including
connections to adjacent properties.
Environmentally Sensitive Areas
There is a drainage way in the center of the property with a stand of trees that could potentially
contain regulated slopes and other areas regulated by the Sensitive Areas Ordinance. The
sensitive areas on the property will be further evaluated when the property is subdivided.
STAFF RECOMMENDATION:
Staff recommends approval of ANN14-00001 and RFZ14-00002, annexation of approximately
39.6 acres and a rezoning from County Residential (R) zone to Interim Development Single-family
Residential (ID -RS) zone for the property located south of Herbert Hoover Highway subject to a
Conditional Zoning Agreement requiring that the developer provide at least a temporary
pedestrian access route to the city sidewalk system at the time of development.
ATTACHMENT:
Location Map
Approved by:
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
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Planning and Zoning Commission
October 16, 2014 - Formal
Page 2 of 19
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PUBLIC DISCUSSION OF ANY ITEM N
There were none.
REZONING ITEMS:
REZ14-00015
Discussion of an application submitted by Build To Suit for a rezoning of 39.6 acres of property
from Interim Development Single Family Residential (ID -RS) zone to Low Density Single -Family
(RS -5) zone for 32.34 -acres and to Low Density Multi -Family (RM -12) zone for 7.26 -acres
located at 4701 Herbert Hoover Highway.
Miklo showed images and location maps of the area. The property was annexed into the city
earlier in the year and zoned Interim Development Single -Family Residential (ID -RS), a zoning
that is given to properties that do not have full access to city infrastructure and services. The
applicant is now proposing to zone the northern part Low Density Multifamily Residential
(RM -12) and the southern part Low Density Single Family Residential (RS -5). The applicant
does have a plan to provide sanitary and sewer and water services to this property. The
purpose of the Interim Development Zone (ID) is to provide for areas of managed growth in
which agricultural and other non -urban uses of land may continue until such time as the City is
able to provide City services and urban development can occur. The Interim Development
Zone is the default zoning district, to which all undeveloped areas should be classified until City
services are provided. Upon provision of City services, the City or the property owner may
initiate rezoning to zones consistent with the Comprehensive Plan, as amended.
The applicant proposes to provide sanitary sewer service by installing a sanitary sewer line in
the right-of-way in Herbert Hoover Highway, and a lift station near the southeast corner of the
property to pump sewage to an existing gravity flow sewer line located in Olde Towne Village
approximately 2,500 feet to the west of this property. A water line would also be installed in the
County right-of-way. There is a possibility that in the future the applicant may obtain an
easement to allow sanitary sewer to gravity flow across the Miller property located to the south
east to connect to the trunk located in Stonebridge Estates south of Lower West Branch Road.
The proposed RM -12 zoning would allow for high density single family or low density multi-
family development. Each dwelling unit is required to have 2700 and 25 sq. ft. per unit or
roughly 15 units per acre. Staff does believe that this is in compliance with the comprehensive
plan and the northeast district plan which shows a mix of single family, townhouse and small
multi -family in this general vicinity of the concept plan. The district plan does show a street on
the north side of the St. Patrick's property and shows for some additional townhouses along that
street. The applicant's proposal would replace that street with one further to the north and
therefore would not have the townhouses which were based on having a single loaded street.
The RS -5 zone complies with the comprehensive zoning plan. Which allows for lower density
development in the interior of the development. The comprehensive plan requires the inclusion
of open space or natural areas into the design of subdivisions. The plan also encourages the
use of alleys or rear lanes for higher density areas which this proposed design does include for
the townhouses and smaller single family units.
In terms of traffic, the metropolitan transportation organization planners did look at the proposed
plan and have determined that Herbert Hoover Hwy does have the capacity to handle the traffic
from this development. In the long term it will need to be improved to city standards as required
Planning and Zoning Commission
October 16, 2014 - Formal
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PRELIMINARY
by subdivision regulations and the developer would be required to contribute to the cost of those
improvements at the time of final platting.
There are a couple of comments about the concept plan and staff is recommending that the
multi -family zoning be tied to this concept plan that if there were any significant changes they
would have to come back to the P&Z Commission and City Council for alteration of concept.
Staff would not tie the single family part of the plan to the concept plan, it does need a little more
work and does not quite comply with the subdivision regulations in terms of block length in a few
locations and generally there is more flexibility in how single family subdivisions are laid out so
Staff doesn't see the need to tie it to this zoning.
Staff recommends approval of REZ14-00015, a proposal to rezone approximately 39.6 acres of
property located south of Herbert Hoover Highway from Interim Development Single Family
Residential (ID -RS) to Low Density Single Family Residential (RS -5) for 32.34 acres and Low
Density Multifamily (RM -12) for 7.26 acres, subject to a Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water service
to this property.
2. The owner/developer will provide a pedestrian access route to the city sidewalk system
at the time of development.
3. Development of the RM -12 zone will be in substantial compliance with the concept
plan showing townhouse style multi -family buildings with driveway access from a rear
lane.
4. Approval of a development plan, including a landscaping plan, exterior building
designs, and site plan by the Design Review Committee to ensure Comprehensive
Plan policies regarding compatibility with lower density residential properties and
appropriate development appearance for an entranceway to the city, will be required
prior to approval of a building permit.
Freerks asked if the particular layout could be altered and Miklo answered that the multi -family
part of the plan would be tied to general conformance with the concept plan, but the single
family area would not have to be tied to the concept plan.
Eastham asked if it would be possible to do a more grid like street design. Miklo stated there
could be one however the current design does have a grid -like pattern and one of the
requirements of all subdivisions is street access to adjacent properties. He said when this is
platted additional street connections will be required and he showed on the map where the
additional streets would need to be placed.
Eastham asked about the comprehensive plan requirements about neighborhood park space
being within three to four blocks of every residence and asked if the space in the center of this
concept is considered green space. Miklo stated that the space between the lots near the
center is not public space, it would be private open space maintained by the homeowners
association and that does follow the intent of the comprehensive plan of creating open spaces in
every subdivision.
Eastham asked if the homeowners association could install a playground on this green space
and Miklo confirmed that yes, the homeowners association could do with the space as they
Planning and Zoning Commission
October 16, 2014 - Formal
Page 4 of 19
PRELIMINARY
wish.
Eastham counts a ratio of about 1/3 townhomes to 2/3 single family dwellings and that seems
heavily weighted to single family detached, and questioned if the staff looks at requiring
apartment buildings as part of the development along Herbert Hoover Hwy. Miklo showed that
the buildings along the highway are small 4 -unit apartment buildings and if you look at the
language of the comprehensive plan, the staff feels the plan stresses not concentrating multi-
family in any one area making this scale appropriate for the neighborhood, and a good mix of
housing.
Thomas asked about the lift station and if the applicant would pay for the installation and the city
is responsible for the operation and maintenance of the lift station. Miklo confirmed that in the
long term that is correct. Thomas asked if there were many lift stations in Iowa City and Miklo
replied that it is something the City tries to avoid, but due to topography there are a few lift
stations throughout the City.
Freerks opened public discussion.
Duane Musser (MMS Consultants) came forward representing the applicant Build to Suit.
Freerks stated that part of the comprehensive plan compliance states separating sensitive
features and questioned the area in the northwest where there is currently a home and large
trees and shared concern about preservation of trees in the area. Musser replied that they
would try to grade around all the trees possible and pointed out that the intent of the open space
in the middle of the development is to preserve as many of the trees in the waterway as
possible. Freerks restated concerned about the trees up in the northwest corner and the
intentions of the developer for those trees as the current plan shows all those trees to be
graded. Musser stated with the multi -family houses along Herbert Hoover Hwy it would be
impossible to avoid grading those trees, however there are some single family homes on the
concept plan that have been changed to accommodate leaving some of the trees. Musser also
stated that they are tied to where the access road to the development can be due to the
intersection with Hanks Drive, so some of the trees cannot be saved.
Eastham asked about the area shown on the plan as outlots, and asked if all that outlot area is
required as result of some sensitive feature. Musser replied that no, there might be some steep
slopes, but no sensitive areas.
Freerks asked if there would be an evaluation of the sensitive areas once the development
begins construction to reassess the sensitive areas and Musser confirmed that yes it would be
re-evaluated during platting and construction.
Eastham asked if part of the area now shown as an outlot be developed and that northwest
corner which does have some magnificent trees be persevered as a local park. Musser felt the
outlot would likely not be developed because it was a low area and part of the waterway, but
again could not confirm how much of the northwest tree area that could be preserved due to the
roadways. Additionally Musser is unsure if the Parks & Recreation Department would want any
public park area in the development.
Eastham asked why one or two apartment buildings were not part of this plan, Musser stated it
was looked at in earlier concepts, however staff did not feel a larger scale building fit into the
area, so the applicant chose to go with townhomes in the area instead. The earlier concept had
looked at possible 16 unit buildings with underground parking. Also in the current concept there
Planning and Zoning Commission
October 16, 2014 - Formal
Page 5 of 19
PRELIMINARY
are some zero -lot properties to add to the mix of townhomes and small single family dwellings.
Thomas asked if the single family was planned for RS -5, and Musser confirmed. Thomas asked
if there were discussion of RS -8 or higher single family and Musser stated there was no
discussion.
Miklo added that the comprehensive plan encourages diversity in housing with townhouses and
small apartment buildings located at major intersections, near commercial areas ( there is no
commercial in this development) and adjacent to parks and open spaces. Apartment houses
are intended to be small in scale and size to fit compatibly with nearby residences and that is
what staff used in their guide in terms of this concept. As noted in the staff report several of the
corner lots are designed for zero lot lines so staff felt that added to the variety scattered
attached housing throughout the neighborhood in compliance with the policies of the
comprehensive plan.
Freerks closed public discussion.
Thomas moved to approve REZ14-00015, a proposal to rezone approximately 39.6 acres of
property located south of Herbert Hoover Highway from Interim Development Single Family
Residential (ID -RS) to Low Density Single Family Residential (RS -5) for 32.34 acres and Low
Density Multifamily (RM -12) for 7.26 acres, subject to a Conditional Zoning Agreement stipulating:
1. The owner/developer will be responsible for providing sanitary sewer and water
service to this property.
2. The owner/developer will provide a pedestrian access route to the city sidewalk
system at the time of development.
3. Development of the RM -12 zone will be in substantial compliance with the concept
plan showing townhouse style multi -family buildings with driveway access from a rear
lane.
4. Approval of a development plan, including a landscaping plan, exterior building
designs, and site plan by the Design Review Committee to ensure Comprehensive
Plan policies regarding compatibility with lower density residential properties and
appropriate development appearance for an entranceway to the city, will be required
prior to approval of a building permit.
Swygard seconded the motion.
Freerks stated the annexation of this property was discussed a few months ago, and likes the
idea of the small multi -family, townhouse -like buildings and feels the development is not
unbalanced with others in the area. Freerks shared concern about the integration of the
sensitive features, and would like to see thought put into place to maintain the sensitive features
as this application moves forward. Overall feels this will be a nice addition to the community.
Martin stated disappointment in not being able to keep more of the trees especially in the
proximity to the multi -family housing because it would be nice to have some of the open space
and some of the existing trees be connected to that area.
Thomas stated he liked being explicit with the townhouse concept and how the density is set
and thinks townhouses in this area are a good idea. Thomas stated he would prefer the
Planning and Zoning Commission
October 16, 2014 - Formal
Page 6 of 19
PRELIMINARY
gradient be RS -5, RS -8 or RS -12 and multi -family and would love to see the City discuss the
issue of traditional neighborhood design and a form based approach to residential
developments so there could be more flexibility in terms of how the density is allocated and
possibly open up opportunities to transfer some of the development to conserve some natural
features.
Swygard agreed that there is a lot that can be done with flexibility in some of these
neighborhoods that would develop them in a more desirable way but this does comply with the
comprehensive plan as far as the size and scale of the buildings.
Eastman voiced his concerns about the number of townhomes as part of the zoning plan,
although he feels this is a favorable development. Eastman did say he doesn't feel the area
zoned for RM -12 townhome or small apartment buildings is quite large enough. There is nearly
40 acres here and only about 7 '/2 are zoned for multi -family. Eastman also stated the
development is in the Lemme School area and has FRL ratios that are in the 20% range which
is below the district average. There is a provision in the comprehensive plan about income
balance and apartment buildings, even units sold in apartment complexes, are lower priced than
townhomes or single family dwellings. Eastman feels the comprehensive plan could be
interpreted as more in favor of smaller apartment buildings. The other issue is that an additional
east/west street would make this more of a grid favorable neighborhood.
A vote was taken and the motion carried 6-1 (Eastham voted no).
REZ14-00019
Discussion of an application submitted by Hodge Construction for a rezoning of
a oximately 2.3 acres of land in the 600 block of S. Dubuque Street and the 200 block of
Prenti Street from Community Commercial (CC -2) zone and Intensive Commercial (CI -1)
Zone to RNatfront Crossings — Central Crossings (RFC -CX) zone.
Howard showed a ap of the area and stated that the area to be rezoned is almost an entire
city block with the exc tion of one property located on the alley. The properties that front on
Dubuque Street are curr tly zoned Community Commercial (CC -2) and the properties that
abut Ralston Creek and fr on Prentiss Street are zoned Intensive Commercial (CI -1).
The existing buildings along S h Dubuque Street include a small mixed-use building
containing commercial space an three apartments, a single family house, three 19th
century stone cottages, and a small . commercial building. All buildings are currently
occupied. The properties zoned CI -1 that nt on Prentiss Street contain quasi -industrial
buildings that contain a wholesale distributor of mbing supplies.
The subject property falls within the Central Cro ings Subdistrict of the Riverfront
Crossings District and, therefore, the recently adopted for based zoning code for Riverfront
Crossings will apply if the property is rezoned. The applica has not indicated their plans
for redevelopment of the properties.
The applicant held a "good neighbor' meeting on October 8, 2014.
Current and proposed zoning: The Community Commercial Zone (CC -2) N,,kntended for
major retail commercial areas that serve a significant segment of themmunity
population. The maximum building height in the CC -2 Zone is 35 feet. The zone is primarily
arily
a commercial zone, but allows upper floor residential uses at a density of approximately
4
6a
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ14-
00015)
ORDINANCE NO.
ORDINANCE CONDITIONALLY REZONING 39.6 ACRES OF PROPERTY FROM INTERIM
DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID -RS) ZONE TO LOW DENSITY SINGLE-FAMILY
RESIDENTIAL (RS -5) ZONE FOR 32.34 ACRES AND LOW DENSITY MULTI -FAMILY (RM -12) FOR
7.26 ACRES LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (REZ14-00015)
WHEREAS, the applicant, Build to Suit Inc., has requested a rezoning of property located at 4701
Herbert Hoover Highway from Interim Development Single Family Residential (ID -RS) zone to Low Density
Single -Family (RS -5) zone for 32.34 -acres and to Low Density Multi -Family (RM -12) zone for 7.26 -acres;
and
WHEREAS, the Comprehensive Plan — Northeast District Plan indicates that the subject property is
appropriate for a mix of multifamily and single family residential development; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need to
provide sanitary sewer and water service to the property, a pedestrian access route to the city sidewalk
system and general adherence to the concept plan to assure that the RM -12 zone is designed in
compliance with the Comprehensive Plan policies regarding compatibility with the adjacent residential
neighborhood and appropriate development appearance for an entranceway to the city; 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 ID -RS to:
A. RS -5
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°04'35"W, ALONG THE
WEST LINE OF SAID NORTHWEST ONE-QUARTER, 1116.9 FEET; THENCE S89°28'23"E, 277.8
FEET; THENCE S00003'19"E, 154.0 FEET; THENCE S89028'23"E, 559.8 FEET; THENCE
N00031'37"E, 154.0 FEET; THENCE S89°28'23"E, 318.3 FEET; THENCE N00003'19"W, 204.6 FEET,
TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
N89°56'41"E, ALONG SAID NORTH LINE, 160.0 FEET, TO THE NORTHEAST CORNER
THEREOF; THENCE S00007'31"W, ALONG THE EAST LINE OF SAID NORTHWEST ONE-
QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89°53'03"W,
ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID
POINT OF BEGINNING, CONTAINING 32.34 ACRES.
B. RM -12
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89056'41"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER, 1157.5 FEET; THENCE S00°03'19"E, 204.6
FEET; THENCE N89028'23"W, 318.3 FEET; THENCE S00°31'37"W, 154.0 FEET; THENCE
N89°28'23"W, 559.8 FEET; THENCE N00°03'19"W, 154.0 FEET; THENCE N89°28'23"W, 277.8
FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
Ordinance No.
Page 2
N00°04'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 7.26 ACRES.
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 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 , 20_.
MAYOR
ATTEST:
CITY CLERK
nedby
�W1.-
City Attorney's Office tl
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00015)
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
Interim Development Single Family Residential (ID -RS) to Low Density Single Family
Residential (RS -5) for 32.34 acres and Low Density Multifamily Residential (RM -12) for 7.26
acres; 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 to provide sanitary sewer and water service to the property, a
pedestrian access route to the city sidewalk system and general adherence to the concept plan
to assure that the RM -12 zone is designed in compliance with the Comprehensive Plan policies
regarding compatibility with the adjacent residential neighborhood and appropriate
development appearance for an entranceway to the city; 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:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N00004'35"W, ALONG THE WEST LINE OF SAID NORTHWEST ONE-
QUARTER, 1116.9 FEET; THENCE S89°28'23"E, 277.8 FEET; THENCE S00°03'19"E,
154.0 FEET; THENCE S89°28'23"E, 559.8 FEET; THENCE N00031'37"E, 154.0 FEET;
THENCE S89028'23"E, 318.3 FEET; THENCE N00°03'19"W, 204.6 FEET, TO A POINT
ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
N89°56'41"E, ALONG SAID NORTH LINE, 160.0 FEET, TO THE NORTHEAST
CORNER THEREOF; THENCE S00°07'31 "W, ALONG THE EAST LINE OF SAID
NORTHWEST ONE-QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER
ppdadm/agUconditional zoning agreement- hhh.doc
THEREOF; THENCE N89°53'03"W, ALONG THE SOUTH LINE OF SAID
NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID POINT OF BEGINNING,
CONTAINING 32.34 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
0
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 7, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N89056'41"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER, 1157.5 FEET; THENCE S00003'19"E, 204.6 FEET; THENCE N89028'23"W,
318.3 FEET; THENCE S00°31'37"W, 154.0 FEET; THENCE N89°28'23"W, 559.8 FEET;
THENCE N00003'19"W, 154.0 FEET; THENCE N89028'23"W, 277.8 FEET, TO A POINT
ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE
N00004'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF
BEGINNING, CONTAINING 7.26 ACRES, AND SUBJECT TO EASEMENTS AND
RESTRICTIONS OF 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 conditions:
A. The Owner shall be responsible for providing sanitary sewer and water service to this
property.
B. The Owner shall establish and construct a pedestrian access route to the city sidewalk
system upon the first phase of development of any portion of the subject property
described in paragraph 1 above.
C. Development of the RM -12 zoned property shall be in substantial compliance with the
concept plan, attached hereto and by reference made part of this agreement, showing
townhouse style multi -family buildings with driveway access from a rear lane.
D. Prior to issuance of a building permit for any development of the RM -12 zoned property,
Owner shall get approval of a development plan, including a landscaping plan, exterior
building designs, and site plan from the Design Review Committee to ensure
Comprehensive Plan policies regarding compatibility with lower density residential
properties and appropriate development appearance for an entranceway to the city.
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.
ppdadnJagt/conditional zoning agreement- hhh.doc 2
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'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
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
By:...� /,,,acfloN
By:
2014 by Matt Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
ppdadm/agt/conditional zoning agreement- hhh.doc 3
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 Oc. &" 31st , 2014 by
yt Ln,--AOrN (Name(s) of individual(s)) as !'i c v%c w ed -
(type of authon y, such as officer or trustee) of AGRD Gr enba , L.L.C.
Notary Publi in and for the State of
(Stamp or Seal)
My commission expires: Voml Z
JOEL 13ARTLETT
COINMEW
MY COMMISSIOWEXPIRES
AUGUST ?A._20-1,1,
ppdadm/agt/conditional zoning agreement- hhh.doc 4
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 11/18/2014
Vote for passage: AYES: Dobyns , Hayek, Mims, Payne, Dickens.
NAYS: Throgmorton, Botchway. ABSENT,: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(REZ14-00018)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.5 ACRES OF PROPERTY
LOCATED AT 708 SOUTH RIVERSIDE DRIVE TO RIVERFRONT CROSSINGS—WEST
RIVERFRONT (RFC -WR) ZONE. (REZ14-00018)
WHEREAS, the applicant, Noah Kemp, President of Professional Mufflers, Inc., has requested a
rezoning of property located 708 South Riverside Drive from Community Commercial (CC -2) zone to
Riverfront Crossings—West Riverfront (RFC -WR) zone, as well as the vacation, conveyance and rezoning of
an adjacent portion of City right-of-way to help facilitate redevelopment of this property; 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 the redevelopment of one corner of a highly visible
intersection within the district; 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 South
Riverside Drive right-of-way to create a larger landscape buffer between the traffic lanes and the public
sidewalk; and
WHEREAS, the City is concurrently considering approval of the requested vacation and conveyance of
right-of-way, and finds that rezoning of that land in conjunction with the rezoning of 708 South Riverside Drive
is appropriate; 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, Professional Mufflers, Inc. 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 to Riverfront
Crossings—West Riverfront (RFC -WR):
BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO. 2006106, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE
45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE
S03°05'57"E, 73.60 FEET; THENCE S63046'37"W, 57.73 FEET; THENCE S86054'03"W,
134.21 FEET; THENCE NO2°51'01 "W, 131.04 FEET; THENCE SOUTHEASTERLY, 15.75
FEET ALONG AN ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, WHOSE 14.17 FOOT CHORD BEARS S47°58'29"E; THENCE
N86054'03"E, 176.74 FEET; THENCE S03005'57"E, 24.73 FEET, TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET),
AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Ordinance No.
Page 2
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 Owners 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 , 20_.
MAYOR
ATTEST:
CITY CLERK
App ved by
Ci Attorney's Office'
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-
00018)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Noah Kemp (hereinafter "Applicant") and Professional Mufflers, Inc.
(hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 17,000 square feet of
property located at 708 South Riverside Drive; and
WHEREAS, Applicant requested that the City rezone its property, and a portion of City -
owned right-of-way, from Community Commercial (CC -2) zone to Riverfront Crossings—West
Riverfront (RFC -WR) zone; and
WHEREAS, Applicant has concurrently made an application for the City to vacate and
convey that portion of right-of-way to facilitate redevelopment of 708 South Riverside Drive; 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 further recommended that Council approve the right-of-way vacation
request; 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. Professional Mufflers, Inc. is the legal title holder of the property legally described as
BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO.
2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THENCE S63046'37"W,
57.73 FEET; THENCE S86054'03"W, 134.21 FEET; THENCE NO2°51'01 "W, 131.04
FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT
CHORD BEARS S47058'29"E; THENCE N86°54'03"E, 176.74 FEET; THENCE
S03005'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF
LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET), AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
ppdadm/agUcza rez14-00018 708 riverside drive- kemp.doc 1
2. The Owner and Applicant acknowledge 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
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 prior to issuance of any building permit for the
subject property, to enable the widening of the public right-of-way to enhance
pedestrian safety along the corridor.
4. 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.
5. 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.
6. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner from complying with all other
applicable local, state, and federal regulations.
7. 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's expense.
Dated this day of , 20_.
CITY OF IOWA CITY PROFESSIONAL MUFFLER, INC.
Matthew Hayek, Mayor By: Noah Kemp, Preside
Attest:
ppdadmlagt/cza rez14-00018 708 riverside drive- kemp.doc 2
Marian K. Karr, City Clerk
Approved by:
ity Attorney's Office ////3 �y
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 c y e+� i� e,�/t-�, , 20L4by Noah Kemp as
President of Professional Muffler, Inc.
Notary Public Q and for said Co#nty and State
(Stamp or Seal)
Fk
WENDYS.MAYER
Commission Number 729428
Title (and Rank) My Commission Expires
L• �2,n s e S P e c i OLI 1
ppdadm/agUma rez14-00018 708 riverside drive- kemp.doc 3
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:
Throgmorton,
Second Consideration _
Vote for passage:
Date published
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
11/18/2014
that the
AYES: Dobyns, Hayek, Mims, Payne,
Botchway, Dickens. NAYS: None. ABSENT: None.
To: Planning and Zoning Commission
Item: REZ14-00018
708 S. Riverside Drive
VAC 14-00002
Old West Benton Street east
of Riverside Drive.
GENERAL INFORMATION:
Applicant:
STAFF REPORT
Prepared by: Sarah Walz
Date: October 16, 2014
Noah Kemp
2140 Highway 22
Kalona, IA 52247
319-656-3125
319-936-2534
nwk@kctc.net
Owner: Professional Muffler
606 South Riverside Drive
Iowa City, IA 52246
6b
6c
Requested Action: Rezone from Community Commercial (CC -2)
Zone to Riverfront Crossings — West Riverfront
(RFC -WR)
Vacation of the Old West Benton Street right-of-way
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
To enhance redevelopment potential of adjacent
property in compliance with the Riverfront Crossings
Master Plan.
708 South Riverside Drive
17,000 square feet —rezoning
+ 4665 square feet —vacation
Total = 21,665 square feet
Vacant (CC -2)
North: Commercial (CC -2)
South: Vacant (CC -2)
East: Park/trailhead (P-1)
West: Commercial (CC -2)
File Date: September 18, 2014
2
BACKGROUND INFORMATION:
The property is currently zoned Community Commercial (CC -2) and is located at the northeast
corner of Benton Street and Riverside Drive. It is located 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 site was formerly home to Professional Muffler until it was destroyed in the tornado of 2006.
At the time, the owner, Noah Kemp, intended to rebuild his business on the site. In order to
construct a new building and provide adequate parking in compliance with the zoning code, Mr.
Kemp acquired a portion of the Old Benton Street right-of-way and a portion of the parking area
at Ned Ashton Park from the City. The City retained a 24 -foot wide right-of-way (Old West
Benton Street) in order to access the park and a small parking area at the trailhead. The right-
of-way is also used by the adjacent property, Linder Tire, for access to their property.
Though Mr. Kemp secured a special exception allowing him to rebuild on the site, he decided
soon after to relocate his business to a lot further to the north along Riverside Drive. The special
exception expired in 2007, and the lot has remained vacant ever since.
REZONING ANALYSIS:
Current zoning: The current CC -2 zoning is intended for major retail commercial areas that serve
a significant segment of the community population. Minimum parking requirements are
comparatively high in the CC -2 zone, and parking may be placed between buildings and the street
with minimal setbacks. Residential uses are allowed by special exception on the upper floors.
Proposed zoning: The Riverfront Crossings form -based zoning for the West Riverfront subdistrict
allows for a broad mix of commercial and residential uses. Unlike the CC -2 Zone, buildings must
be oriented toward the street—in the case of a comer lot, this means locating the building toward
both Benton Street and Riverside Drive. Street -facing entries are also required along both
frontages, and a 10 -foot dedication along Riverside Drive is required to allow for an improved
streetscape that provides pedestrians more separation and buffering from the heavy vehicular
traffic on this busy street. Parking must be located behind or to the side of buildings and screened
from the sidewalk and the street. Building design and coverage 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 been working to develop the site for a relocation of a neighborhood business.
On this corner lot, parking would be located to the west of building with parking and vehicle areas
screened from view along Benton Street. The business has drafted an initial site plan showing
they can meet the standards for the zone and provide the required 10 -foot dedication along
Riverside Drive. A small drive-through may be proposed as part of the use use that must be
approved through the special exception process.
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 and other
vehicle areas located 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. 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
3
develops in a manner consistent with the Riverfront Crossings Master Plan.
As a condition of rezoning, staff recommends 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.
The property is located at an important intersection and gateway to the Riverfront Crossings
(West Riverfront Subdistrict), however, it is quite small and narrow, making redevelopment for
any commercial use somewhat limited and complicated. Though located on a busy, highly visible
corner on a busy traffic corridor, this commercial property has remained vacant since the tornado
of 2006. 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.
Compatibility with neighborhood: The proposed commercial site, if designed according to the
form -based code, will be an improvement to a streetscape that is currently unappealing to
pedestrians. Transforming the commercial strip development along Riverside Drive will benefit
the residential neighborhoods located to the west of the Riverfront Crossings District, including
recently proposed high-density residential development of the former Hartwig Motors site across
the street. The new zoning will help to ensure that new development is 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: Access to the site is provided from Old West Benton via a single curb cut
on Riverside Drive. The curb cut and the portion of Old West Benton Street serves the subject
property and the Linder Tire property to the north. Vehicles entering the site would continue to
rely on this entrance, however, the applicant is seeking a minor modification to allow a right -turn
only curb cut onto Benton Street. This would provide and alternative for vehicles exiting the site.
VACATION ANALYSIS:
The subject right-of-way serves as the vehicle access for two commercial properties—
Professional Muffler and Linder Tire. The size of the corner property and its configuration limit
development on the site. Vacation of this remnant right-of-way would provide more development
potential for the site, allowing it to come into compliance with the Riverfront Crossings
requirements for parking, setbacks, building coverage, and the required 10 -foot right-of-way
dedication along Riverside Drive. The proposed vacation would extend east from South
Riverside Drive to the river. The City would convey the portion contiguous with the applicant's
property (approximately 4,665 square feet) concurrent with development. One half of the right-
of-way would be offered to the owners of the Linder Tire property.
When evaluating a right-of-way vacation, the acating right-of-way can be recommended under
the following circumstances:
1. the vacation will not have a negative effect on pedestrian or vehicular circulation or
planned circulation routes;
2. the vacation will not be detrimental to emergency vehicle or utility vehicle access to
adjacent properties, and;
3. the vacation will not diminish access to adjacent properties;
4. desirability of right-of-way for future access or circulation needs;
5. location of utilities and other easements or restrictions on the property;
6. potential use of the property for a public use, such as parkland; and
7. any other relevant factors pertaining to the specific requested vacation.
4
The Old West Benton Street right-of-way provides access for the commercial properties at 708
and 632 Riverside Drive (Linder Tire) as well as for Ned Ashton Park and the trailhead for the
Iowa River Corridor Bike Trail. Because the street ends at the river, it is not needed for
circulation beyond access to the three adjacent uses. A 22 -foot wide public access easement
would preserve access for both private properties and the park/trailhead.
A sanitary sewer line is located under a portion of this right-of-way. A utility easement would
need to be over retained over this portion of the ROW. The City has notified private utilities
about this proposed vacation. There do not appear to be any private utility lines located within
the right-of-way.
As noted above, the City previously vacated a portion of the ROW to Professional Muffler
(2006). Prior to that, the City vacated a 13 -foot wide portion of ROW to Linder Tire. Beyond
access to the immediate adjacent properties, there does not appear to be any public interest in
continuing to incur cost, staff time, and liability in maintaining this right-of-way.
One redevelopment scenario depicted in the Riverfront Crossings Plan, shows this ROW as the
drive for a shared parking area located between the two properties, with a building at the corner
and a larger residential of mixed use building located on the Linder site. What the applicant is
proposing reflects this very scenario, with perpendicular parking for the business located
immediately adjacent to the shared drive.
STAFF RECOMMENDATION:
Staff recommends approval of REZ14-00009, a proposal to rezone approximately 21,665 square
feet of property located at the northeast corner of S. Riverside Drive and W. Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -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.
Staff recommends approval of VAC14-00018, a right-of-way vacation for Old West Benton
Street right-of-way adjacent to property, subject to the following conditions:
• Rezoning of the property at 708 S. Riverside Drive to Riverfront Crossings West
Riverbank Subdistrict;
• Conveyance of the 4,665 square foot portion of ROW is concurrent with the
redevelopment of the corner property; and
• Establishment of a 22 -foot wide public access easement to preserve vehicular access
for both properties and the park and trailhead.*
`This condition was left off the original report in error, but was recommended by staff and endorsed by the Planning
and Zoning Commission at the October 16 public meeting.
ATTACHMENTS:
1. Location Map
3. Plat of right-of-way
4. Redevelopment scenario from the Riverfront Crossings Plan
Approved by:
ppdadmin\sffrep\
14
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
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Planning and Zoning Commission
October 16, 2014 - Formal
Page 13 of 18
A vote was taken and the motion to defer this application to the next meeting was carried 7-0.
Rezonina / Vacation Item
REZ14-00018NAC 14-00002
Discussion of an application submitted by Noah Kemp for a rezoning of approximately .39
acres of property at 708 S. Riverside Drive from Community Commercial (CC -2) zone to
Riverfront Crossings—West Riverfront (RFC -WR) zone and a vacation of approximately 4665
square feet of the Old West Benton Street right-of-way.
Howard presented the location map, the property is currently zoned Community Commercial
(CC -2) and is located at the northeast corner of Benton Street and Riverside Drive. The site
was formerly home to Professional Muffler until it was destroyed in the tornado of 2006. At
the time, the owner, Noah Kemp, intended to rebuild his business on the site. In order to
construct a new building and provide adequate parking in compliance with the zoning code,
Mr. Kemp acquired a portion of the Old Benton Street right-of-way and a portion of the
parking area at Ned Ashton Park from the City. The City retained a 24 -foot wide right-of-
way ( Old West Benton Street) in order to access the park and a small parking area at the
trailhead. The right- of -way is also used by the adjacent property, Linder Tire, for access to
their property.
Though Mr. Kemp secured a special exception allowing him to rebuild on the site, he
decided soon after to relocate his business to a lot further to the north along Riverside Drive.
The special exception expired in 2007, and the lot has remained vacant ever since.
Mr. Kemp has an opportunity to sell the property now to a new owner who would like to relocate
a business to this property and build a new building on this site in compliance with the Riverfront
Crossings zoning.
This rezoning is similar to previous CC -2 properties brought before the Commission. The
Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad
mix of commercial and residential uses. Unlike the CC -2 Zone, buildings must be oriented
toward the street -in the case of a comer lot, this means locating the building toward both
Benton Street and Riverside Drive. This application is asking for 10 feet of right away to
enhance the pedestrian traffic along Riverside Drive. There is plenty of right away along Benton
Street so there is no need for additional right away along the location.
There is a concept plan for the redevelopment of the site, basically it's a small commercial
building would be built to the corner and the potential builder of the property has looked at the
form based code and determine they could build a building that could be in compliance with the
form based code with some adjustments because of the small size of the property and its
location at that corner. They are amendable to dedicating that 10 ft. of right -away, the building
would front on both corners and there would be a small drive thru facility on the east side. We
do allow in the Riverfront Crossings code drive thru facilities through exceptions so they would
need to comply with those conditions.
The second piece in order to allow this to comply with the Riverfront Crossings plan is a
vacation of a portion of what is currently an old right-of-way of Old West Benton Street. Howard
showed photos of the driveways to this property and adjacent properties and also provides
access to a small parking area to the Ned Ashton Park and the trailhead for the Iowa River
Corridor Bike Trail. In order to fit the parking for a small commercial building in a manner as
Planning and Zoning Commission
October 16, 2014 - Formal
Page 14 of 18
shown in the concept plan in the Riverfront Crossings have basically parking off of a drive aisle,
we need to vacate a portion of that so they have enough room, it is a very tight site. Staff has
looked at the vacation request and feels it's not serving any other purpose as far a vehicular
movement or traffic circulation other than to access to those three parcels. So as long as that
vehicular access is maintained staff feels that a 22 -foot wide public access easement would
preserve access for both private properties and the park/trailhead.
Howard stated there is a sewer line that runs through the center of the property. If this property
is redeveloped that sewer line may need to be moved. There is a sewer easement established.
Staff recommends approval of REZ14-00009, a proposal to rezone approximately 21,665 square
feet of property located at the northeast corner of S. Riverside Drive and W. Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -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.
Staff recommends approval of VAC14-00018, a right-of-way vacation for Old West Benton
Street right-of-way adjacent to property, subject to the following conditions:
• Rezoning of the property at 708 S. Riverside Drive to Riverfront Crossings West
Riverbank Subdistrict;
• Conveyance of the 4,665 square foot portion of ROW is concurrent with
the redevelopment of the corner property; and
• Establishment of a 22 food wide public access easement to preserve vehicular access
for both private properties and the parka and trailhead.
Swygard asked if on the proposal for the curb cut on West Benton Street where that is in
relationship to the current curb cut for business right across the street from it, the McDonalds.
Howard showed the aerial but stated the exact location hasn't be determined and it would need
to be approved by the city engineer and based on distance from the bridge and from the corner.
Eastham asked if it would be a right exit only onto Benton Street. Howard stated that the city
and traffic engineers have looked at the site and they have found it does need to be a right exit
only.
Miklo also pointed out that the application does require a special exception due to the proposed
drive thru and it will go before the Board of Adjustment.
Freerks opened public hearing.
No one present.
Freerks closed public hearing.
Martin moves to approve REZ14-00009, a proposal to rezone approximately 21,665 square feet
of property located at the northeast corner of S. Riverside Drive and W. Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -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.
Planning and Zoning Commission
October 16, 2014 - Formal
Page 15 of 18
Additionally Martin moves to approve VAC14-00018, a right-of-way vacation for Old West
Benton Street right-of-way adjacent to property, subject to the following conditions:
• Rezoning of the property at 708 S. Riverside Drive to Riverfront Crossings West
Riverbank Subdistrict;
• Conveyance of the 4,665 square foot portion of ROW is concurrent with the
redevelopment of the corner property; and
• Establishment of a 22 foot public easement.
Eastham seconded.
Freerks noted this lot has been vacant for almost a decade it will be nice to see something
established there.
Theobald stated this improvement will also create a view corridor to the river which is another
positive.
A vote was taken and the motion carried 7-0.
Development Item
SUB14-00017
Discussion of an application submitted by Carter Holding, LLC for a preliminary plat of Carter
Estate, a Not and 1 outlot, 19.10 acre residential subdivision located east of Camp Cardinal
Road, north of Eagle Place and Meadow Lark Drive.
Hektoen recused herself as her husband is working for the developer on this subdivision.
Hektoen stated if the Commission needs legal counsel on this item, please defer until the next
meeting and another city attorney will be present to assist at that meeting.
Miklo presented the staff report. This area was set aside as an outlet for future development at
the time of the development of Cardinal Ridge Subdivision. He showed an aerial photo showing
the relationship of the outlot to the Cardinal Ridge Subdivision. It is a heavily wooded lot with a
pond and fairly steep slopes. What is proposed is a two lot subdivision that would allow two
houses to be built. The majority of the sensitive areas, the woodlands and steep slopes and
pond, would be set aside and preserved. There is a no build area identified on the subdivision
plat and a portion of that would be set aside as an outlot to be dedicated to the larger
homeowners association. The two house lots would share a common drive back to Camp
Cardinal Road. They are odd shape lots, the subdivision code discourages this however given
the sensitive areas of this plat, staff feel a justification can be made. The subdivision fees, the
open neighborhood fees and stormwater management were all addressed when the larger
subdivision was approved years ago.
Staff recommends approval of SUB14-00017; an application submitted by Carter Holdings, LLC
for a preliminary plat of Carter Estate, a two -lot with one outlot residential subdivision located
east of Camp Cardinal Road and north of Eagle Place.
Eastham asked about the emergency vehicle turnaround only for one of the houses, but not the
other. Miklo confirmed that the Fire Department review turn around and found that it will be
adequate to serve both lots.
Freerks opened public discussion
Planning and Zoning Commission
October 16, 2014 - Formal
Page 13 of 19
PRELIMINARY
astham referred to the application the Commission recommended to rezone to Riverfront
Cr ings designation on Riverside Drive, stating the applicant presented a concept plan for
that sit , ' cluding a building on the site, and the Commission recognized it was a meaningless
submission they would be required to develop that property in compliance with the form
based code.
Miklo stated the concep Ian did show compliance with the master plan and the form based
code.
Eastham stated with this application ere seems to be a concern with the three buildings and
their potential historic designation whic a would support a conditional zoning provision that
includes that possibility as well as somethin bout Ralston Creek improvements. With those
provisions the applicant could then proceed wi evelopment. In his opinion to approve the
rezoning sends a message that the Riverfront Cr ing and form based code do not give
enough information to allow for development opportunitie developers.
Thomas supports staff recommendation and believes these are'special conditions and doesn't
believe there are many in the Riverfront Crossings area, and therefo s concerned that special
conditions are given consideration. The Riverfront Crossings area, in ms of historic area,
there is not much there, so there can be made a strong case to try pres a that they can
provide incentives to try to encourage that approach and as staff also said the is significant
changes with this rezoning so he feels it makes sense to see a concept plan.
A vote was taken and the motion to defer this application to the next meeting was carried 7-0.
Rezoning / Vacation Item
R EZ 14-00018/VAC 14-00002
Discussion of an application submitted by Noah Kemp for a rezoning of approximately .39
acres of property at 708 S. Riverside Drive from Community Commercial (CC -2) zone to
Riverfront Crossings—West Riverfront (RFC -WR) zone and a vacation of approximately 4665
square feet of the Old West Benton Street right-of-way.
Howard presented the location map and handed out the concept plan developed by the
applicant, indicating how the property would be redeveloped. The property is currently zoned
Community Commercial (CC -2) and is located at the northeast corner of Benton Street and
Riverside Drive. The site was formerly home to Professional Muffler until it was destroyed in
the tornado of 2006. At the time, the owner, Noah Kemp, intended to rebuild his business
on the site. In order to construct a new building and provide adequate parking in
compliance with the zoning code, Mr. Kemp acquired a portion of the Old Benton Street
right-of-way and a portion of the parking area at Ned Ashton Park from the City. The City
retained a 24 -foot wide right-of-way (Old West Benton Street) in order to access the park
and a small parking area at the trailhead. The right- of -way is also used by the adjacent
property, Linder Tire, for access to their property.
Though Mr. Kemp secured a special exception allowing him to rebuild on the site, he
decided soon after to relocate his business to a lot further to the north along Riverside Drive.
The special exception expired in 2007, and the lot has remained vacant ever since.
Planning and Zoning Commission
October 16, 2014 - Formal
Page 14 of 19
PRELIMINARY
Mr. Kemp has an opportunity to sell the property now to a new owner who would like to relocate
a business to this property and build a new building on this site in compliance with the Riverfront
Crossings zoning.
The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a
broad mix of commercial and residential uses. Unlike the CC -2 Zone, buildings must be
oriented toward the street -in the case of a comer lot, this means locating the building
toward both Benton Street and Riverside Drive. This application is asking for 10 feet of
right-of-way to enhance the pedestrian traffic along Riverside Drive, similar to the rezoning
recently approved across the street. There is plenty of right-of-way along Benton Street so
there is no need for additional right-of-way along that frontage.
There is a concept plan for the redevelopment of the site, basically it's a small commercial
building would be built to the corner and the potential builder of the property has looked at the
form based code and determine they could build a building that could be in compliance with the
form based code with some adjustments because of the small size of the property and its
location at that corner. They are amendable to dedicating that 10 ft. of right -away, the building
would front on both corners and there would be a small drive thru facility on the east side. We
do allow in the Riverfront Crossings code drive thru facilities through exceptions so they would
need to comply with those conditions.
The second request from the applicant, in order to allow this to comply with the Riverfront
Crossings plan, is a vacation of a portion of what is currently the old right-of-way of Old West
Benton Street. Howard showed photos of the driveways to this property and adjacent properties
and also provides access to a small public parking area for Ned Ashton Park and the trailhead
for the Iowa River Corridor Trail. In order to fit the parking on the site for a small commercial
building in a manner as shown in the Riverfront Crossings Master Plan we need to vacate a
portion of that right-of-way so they have enough room for the head -in parking. Staff has looked
at the vacation request and feels the Old West Benton Street right-of-way is not serving any
other purpose as far a vehicular movement or traffic circulation other than to access to those
three parcels. So as long as that vehicular access is maintained staff feels that a 22 -foot wide
public access easement would preserve access for both private properties and the
park/trailhead and allow for easier development of the applicant's property according to the
Riverfront Crossings Plan.
Howard also noted there is a sewer line that runs through the center of the property. If this
property is redeveloped that sewer line may need to be moved. There is a sewer easement
established into which the sewer line could be moved.
Staff recommends approval of REZ14-00009, a proposal to rezone approximately 21,665 square
feet of property located at the northeast corner of S. Riverside Drive and W. Benton Street from
Community Commercial (CC -2) to Riverfront Crossing -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.
Staff recommends approval of VAC14-00018, a right-of-way vacation for Old West Benton
Street right-of-way adjacent to property, subject to the following conditions:
• Rezoning of the property at 708 S. Riverside Drive to Riverfront Crossings West
Riverbank Subdistrict;
• Conveyance of the 4,665 square foot portion of ROW is concurrent with
the redevelopment of the corner property; and
Planning and Zoning Commission
October 16, 2014 - Formal
Page 15 of 19
PRELIMINARY
• Establishment of a 22 -foot wide public access easement to preserve vehicular access
for both private properties and the park and trailhead.
Swygard asked where the proposed curb cut on West Benton Street would be in relationship to
the current curb cut for business right across the street from it, the McDonalds.
Howard showed the aerial but stated the exact location hasn't been determined and it would
need to be approved by the city engineer based on distance from the bridge and from the
corner.
Eastham asked if it would be a right exit only onto Benton Street. Howard stated that the city
and traffic engineers have looked at the site and they have found it does need to be a right exit
only.
Miklo also pointed out that the application does require a special exception due to the proposed
drive thru and it will go before the Board of Adjustment.
Freerks opened public hearing.
No one present.
Freerks closed public hearing.
Martin moved to approve REZ14-00009, a proposal to rezone approximately 21,665 square feet
of property located at the northeast corner of S. Riverside Drive and W. Benton Street from
Community Commercial (CC -2) to Riverfront Crossings -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.
Additionally Martin moved to approve VAC14-00018, a right-of-way vacation for Old West
Benton Street right-of-way adjacent to property, subject to the following conditions:
• Rezoning of the property at 708 S. Riverside Drive to Riverfront Crossings West
Riverbank Subdistrict;
• Conveyance of the 4,665 square foot portion of ROW is concurrent with the
redevelopment of the corner property; and
• Establishment of a 22 foot public easement to preserve vehicular access for both
private properties and the park and trailhead.
Eastham seconded.
Freerks noted this lot has been vacant for almost a decade it will be nice to see something
established there.
Swygard stated this improvement will also create a view corridor to the river which is another
positive.
A vote was taken and the motion carried 7-0.
Development Item
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-
00018)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Noah Kemp (hereinafter "Applicant") and Professional Mufflers, Inc.
(hereinafter "Owner").
WHEREAS, Owner is. the legal title holder of approximajely 17,000 square feet of
property located at 708 South Riverside Drive; and
WHEREAS, Applicant r ' uested that the City rezone its pf'operty, and a portion of City -
owned right-of-way, from Comm nity Commercial (CC -2) zone t o Riverfront Crossings—West
Riverfront (RFC -WR) zone; and ,'
WHEREAS, Applicant has conc rrently made an app�tation for the City to vacate and
convey that portion of right-of-way to fa ' itate redevelopment of 708 South Riverside Drive; and
WHEREAS, the Planning and ZoningCommission bias determined that, with appropriate
conditions regarding pedestrian safety and mfort, the iequested zoning is consistent with the
Comprehensive Plan and further recommend that Council approve the right-of-way vacation
request; and ,h
WHEREAS, Iowa Code §414.5 (2013)
reasonable conditions on granting an applice
regulations, in order to satisfy public needs cau
that the City of Iowa City may impose
ling request, over and above existing
requested change; and
WHEREAS, the Owner acknowled es that cyain conditions and restrictions are
reasonable to ensure the development of he property i`e, consistent with the Comprehensive
Plan and the need for pedestrian safety a d comfort; and \
WHEREAS, the Owner agree0o develop this
conditions of a Conditional Zoning Pgreement.
NOW, THEREFORE, in consid ration of the mutual promises
agree as follows:
1. Professional Muffleyd, Inc. is the legal title holder of the
accordance with the terms and
ned herein, the parties
legally described as
BEGINNING 0 THE NORTHEAST CORNER OF AUI?ITOR'S PARCEL NO.
2006106, IN CCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY
RECQ R'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THfNCE S63°46'3711W,
57.73 FEET; THENCE S86°54'03"W, 134.21 FEET; THENCE NO2°51'01 "W, 131.04
FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00
FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT
CHORD BEARS S47058'29"E; THENCE N86°54'03 "E, 176.74 FEET; THENCE
S03°05'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF
LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET), AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
ppdadm/agVeza rez14-00018 708 riverside drive- kemp.doc 1
2. The Owner and Applicant acknowledge 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'oning request, over and above the
existing regulations`, in order to satisfy public needs c used by the requested change.
3. In consideration of t e City's rezoning the subject property, Owner and Applicant agree
that development of a subject property will conform to all other requirements of the
zoning chapter, as wel as the following conditions to be satisfied upon redevelopment of
the property:
t
a. Owner shall dedicate a strip of land 10 feet wide along the subject property's entire
Riverside Drive frontage o the City prior to issuance of any building permit for the
subject property, to ena a the widening off' the public right-of-way to enhance
pedestrian safety along the rridor. f
4. The Owner and Applicant and C#\`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.
5. The parties acknowledge that this Condition I Zoning Agreement shall be deemed to be
a covenant running with the land and with itle to the land, and shall remain in full force
and effect as a covenant with title to the'° nd, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that t is agreement shall inure to the benefit of and bind
all successors, representatives, and ssigns of -,-,the parties.
6. The Owner and Applicant ack wledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner from complying with all other
applicable local, state, and feder regulations.
7. The parties agree that this C nditional Zoning Agreement shall be incorporated by
reference into the ordinance r oning the subject property, and that upon adoption and
publication of the ordinance, is agreement shall be recorded in the Johnson County
Recorder's Office at the Own 's expense.
Dated this day of
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
ppdadm/agt/cza rez14-00018 708 riverside drive- kemp.doc 2
20
PROFESSIONAL UFFLER, INC.
By: Noah Kemp, President
Marian K. Karr, City Clerk
Approved by:
ity Attorney's Office if //3
�y
CITY OF 10A CITY ACKNOWLEDGEMENT:
STATE OF 10 )
) ss:
JOHNSON COUN )
This instrument was ac owledged before me o , 20_ by Matthew J.
Hayek and Marian K. Karr as ayor and City Cler , respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
CORPORATE ACKNOWLEDGEME
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowleda4-d before me on
President of Professional Mufflfir, Inc.
20_ by Noah Kemp as
Notary Public in akad for said County and State
(Stamp or Seal)
Title (and Rank)
ppdadm/agt/cza rez14-00018 708 riverside drive- kemp.doc 3
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(REZ14-00018)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.5 ACRES OF PROPERTY
LOCATED .AT 708 SOUTH RIVERSIDE DRIVE FROM TO RIVERFRONT CROSSINGS—WEST
RIVERFRONT (RFC -WR) ZONE. (REZ14-00018)
WHEREAS, the applidNQt, Noah Kemp, President of Professional Mufflers, Inc., has requested a
rezoning of property located 08 South Riverside Drive from Community Commercia4`(CC-2) zone to
Riverfront Crossings—West Rive ront (RFC -WR) zone, as well as the vacation, conveyance and rezoning of
an adjacent portion of City right -of- y to help facilitate redevelopment of this property; a "d
WHEREAS, the Downtown and iverfront Crossings Master Plan was adopted ip`January 2013 as an
integral part of the City's Comprehen 've Plan and the subject property is located/in the West Riverfront
Subdistrict of the Riverfront Crossings Di ict; and
WHEREAS, the Riverfront Crossing – West Riverfront (RFC -WR) Zo9d was developed to help
implement the vision of the Riverfront Crossi s Master Plan by encouraging redevelopment that will create a
more pedestrian -friendly character along R erside Drive by enhancing the streetscape and overall
aesthetics, tempering auto -dominated frontages locating buildings close o the street with parking behind
or to the side of buildings, and creating a place where people can liv,6 close to the Iowa River and to
shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in the rede
intersection within the district; and
WHEREAS, the Planning and Zoning Commission h revi
that it complies with the Comprehensive Plan, provided I d
Riverside Drive right-of-way to create a larger landscape
sidewalk; and
WHEREAS, the City is concurrently considering appr al c
right-of-way, and finds that rezoning of that land in con
ion m
is appropriate; and
WHEREAS, Iowa Code §414.5 (2013) provide that the
of one corner of a highly visible
& the proposed rezoning and determined
dedicated to the City to widen the South
between the traffic lanes and the public
the requested vacation and conveyance of
Pathe rezoning of 708 South Riverside Drive
conditions on granting an applicant's rezoning re est, over and Abo
satisfy public needs caused by the requested ch ge; and \`
WHEREAS, the owner, Professional Muffle , Inc. and applicant ha
developed in accordance with the terms a conditions of the Cond
hereto, to satisfy public needs caused by th requested development to
this area of the city.
Iowa City may impose reasonable
ve existing regulations, in order to
agreed that the property shall be
nal Zoning Agreement attached
isure appropriate development in
NOW, THEREFORE, BE IT ORDAINE BY THE CITY COUNCILOF THE TY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject the Conditional Zoning Agreement a ached hereto an"corporated
herein, property described below i hereby reclassified from its current z ning designatiort3b Riverfront
Crossings—West Riverfront (RFC -WR):
CD
LEGAL DESCRIPTION r
t
Parcel # 1015256002: IOWA CITY SECTION:15 RANGE:6 BEG INT OF SIORM6R B N
ST ROW & W/L SW NW; S 75; E 150'; N 75; W 150' TO POB & INCL Tw- I!O
AR F S"W
DESC AS AUDITOR'S PARCEL #2006081 & #2006106 IN SURVEY BK 51 `PI;S 454 46 }' w '
AND '`'
Ordinance No.
Page 2
A PORTION OF THE OLD BENTON STREET RIGHT-OF-WAY LOCATED IN THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 79 NORTH, RANGE
6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S
PARCEL NO. 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S
OFFICE; THENCE S86'54'00"W, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL NO.
2006106, A DISTANCE OF 168.75 FEET; THENCE S79'22'20"W,LONG SAID NORTH LINE
15.91 FEET; THENCE S51'18'26"W, ALONG SAID NORTH LI E, 2.92 FEET, TO THE
NORTHWEST CORNER THEREOF, AND A POINT ON THE EAS RIGHT-OF-WAY LINE OF
SOUTH RIVERSIDE DRIVE; THENCE NO2'51'01"W, ALONG SAID ST RIGHT-OF-WAY LINE,
38.56 FEET, TO THE SOUTHWEST CORNER OF THE PARCEL O LAND CONVEYED BY QUIT
CLAIM DEED RECORDED IN BOOK 2524 AT PAGE 139 OF THE ECORDS OF THE JOHNSON
COLIN RECORDER'S OFFICE; THENCE SOUTHEASTER 15.75 FEET ALONG THE
SOUTH NE OF SAID CONVEYED PARCEL ON A 10.00 FO T RADIUS CURVE, CONCAVE
NORTHEA ERLY, WHOSE 14.17 FOOT CORD BEARS '58'29"E; THENCE N86'54'03"E,
ALONG SAID OUTH LINE 176.74 FEET; THENCE S03'05'57' , 24.73 FEET, TO THE POINT OF
BEGINNING. S PARCEL OF LAND CONTAINS 0.11 A E(4,665 SQUARE FEET), AND IS
SUBJECT TO EAS ENTS AND RESTRICTIONS OF REC RD.
SECTION 11. ZONING MAP. Tfte building official is hereby a horized and directed to change the zoning
map of the City of Iowa City, Iowa, Nconform to this amend ent upon the final passage, approval and
publication of the ordinance as approve law.
SECTION III. CONDITIONAL ZONIN GREEMENT. T e mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditio I Zoning Ag r ement between the property owner(s) and the
City, following passage and approval of this OrdNance.
City Clerk is hereby authorized and directed to ce
Office of the County Recorder, Johnson County,
approval and publication of this ordinance, as provi
SECTION V. REPEALER. All ordinances and
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any sectio
invalid or unconstitutional, such adjudication sh I
section, provision or part thereof not adjudged ' val
Upon passage and approval of the Ordinance, the
copy of this ordinance, and record the same in the
at the Owner's expense, upon the final passage,
in conflict with the provisions of this
provision or Nrt of the Ordinance shall be adjudged to be
not affect the Oklidity of the Ordinance as a whole or any
or
SECTION VII. EFFECTIVE DATE. Thi Ordinance shall be in)
and publication, as provided by law.
Passed and approved this day , 20,
MAYOR
ATTEST:
CITY CLERK
79r,,,ed by
�� y�
City Attorneys Office
after its final passage, approval
ti
Cp
po
--1 �
"D
r—
c
(I,_�
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-
00018)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Noah Kemp (hereinafter "Applicant") and Pr.Qfessional Mufflers, Inc.
(hereinafter "Owner"). 1
WHEREAS, Owner is the legal title holder of approximately 17,000 square feet of
property located at 708 South Riverside Drive; and
WHEREAS, A plicant requested that the City rezone its pr perty, and a portion of City -
owned right-of-way, fraT Community Commercial (CC -2) zone Riverfront Crossings—West
Riverfront (RFC -WR) zo ; and
WHEREAS, Applican%has concurrently made an appligation for the City to vacate and
convey that portion of right -o way to facilitate redevelopment f 708 South Riverside Drive; and
WHEREAS, the Planningnd Zoning Commission h s determined that, with appropriate
conditions regarding pedestrians fety and comfort, the r quested zoning is consistent with the
Comprehensive Plan and furtherr ommended that Co ncil approve the right-of-way vacation
request; and
WHEREAS, Iowa Code §414.5 013)
reasonable conditions on granting an a licE
regulations, in order to satisfy public needs b@L
WHEREAS, the Owner acknowlec
reasonable to ensure the development of
Plan and the need for pedestrian safety and
;s that the City of Iowa City may impose
_oning request, over and above existing
the requested change; and
that certain conditions and restrictions are
��pQperty is consistent with the Comprehensive
aft: and
WHEREAS, the Owner agrees to d velop this Vbrc
N
conditions of a Conditional Zoning Agreelent.
NOW, THEREFORE, in consideration/of the mutual p
agree as follows:
1. Professional Mufflers, Inc. is1he legal title holder of the
in accordance with theJerms and
2. The Owner and Applica acknowledge that the City wishes to nsure conformance to
the principles of the C prehensive Plan, including the West verfront Subdistrict of
the Downtown and Riv rfront Crossings Master Plan. Further, th parties acknowledge
that Iowa Code §41 .5 (2013) provides that the City of Iowa City may impose
reasonable condition on granting an applicant's rezoning request, over and above the
existing regulations, n 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/agVcza rez14-00018 708 riverside drive- kemp.doc
:y=
9s contained i er in, -`the
pahres
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..
\proerty leg seed
A
Co
2. The Owner and Applica acknowledge that the City wishes to nsure conformance to
the principles of the C prehensive Plan, including the West verfront Subdistrict of
the Downtown and Riv rfront Crossings Master Plan. Further, th parties acknowledge
that Iowa Code §41 .5 (2013) provides that the City of Iowa City may impose
reasonable condition on granting an applicant's rezoning request, over and above the
existing regulations, n 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/agVcza rez14-00018 708 riverside drive- kemp.doc
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 prior to issuance of any building permit for the
subject property, to enable the widening of the public right-of-way to enhance
pedestrian safety along the corridor.
4. The Owner and Applicant and City acknowledge that in he event the subject property is
transferred, sold, redeveloped, or subdivided, all red elopment will conform with the
terms of this Conditional Zoning Agreement.
5. The parties ac nowledge that this Conditional Zonin Agreement shall be deemed to be
a covenant runn' g with the land and with title to th land, and shall remain in full force
and effect as a c enant with title to the land, unl s or until released of record by the
City of Iowa City.
The parties further ack wledge that this agreem nt shall inure to the benefit of and bind
all successors, represen tives, and assigns /te
e parties.
6. The Owner and Applican acknowledge nothing in this Conditional Zoning
Agreement shall be constru to relieve Owner from complying with all other
applicable local, state, and fede I regulation
7. The parties agree that this Con ' ion
reference into the ordinance rezoning i
publication of the ordinance, this agr
Recorder's Office at the Owner's expen
Dated this day of
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA
ry
ACKNOWLEDGEMENT:
ppdadMagt/cza rez14-00018 708 riverside drive- kemp.doc 2
ning Agreement shall be incorporated by
bject property, and that upon adoption and
shall be recorded in the Johnson County
IONAL MUFFLER, INC.
By: Noah Kemp, President
N)
C-,
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, f the City of Iowa City.
Notary Public iryand for the State of Iowa
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before
President of Professional Muffler, Inc.
(Stamp or Sehl)
Title (and FXank)
20_ by Noah Kemp as
Notary Public in and * said County and State
(Stamp or Seal)
Title (and Rank)
ppdadm/agVcza rez14-00018 708 riverside drive- kemp.doc 3
N
_
�Z
ppdadm/agVcza rez14-00018 708 riverside drive- kemp.doc 3
n-�
ca
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 522—R -1i9-3 5239
(VAC14-00002) ' o
ORDINANCE NO.
ORDINANCE VACATING B N STREET RIGHT-OF-WAY, AUDITOR'S
PARCEL 2014085, LOCATED ADJACENT O 708 SOUTH RIVERSIDE DRIVE. (VAC14-
00002) %
WHEREAS, the applic4nt has requested that ti, vacate and convey to the applicant a portion of
the Old Benton Street right -of- y adjacent to his property 70 South Riverside; and
WHEREAS, this public fight -of -way is not needed focirculation beyond access to the two adjacent
properties and the trailhead for the Iowa River Corridor trail and
WHEREAS, there does of appear to be any publi interest in continuing to incur cost, staff time,
and liability in maintaining this rig t -of -way;
WHEREAS, the adjacen\thright-of-way
y at 708 S.
development potential; and
WHEREAS, vacation of will
Riverside to redevelop in compliahe Riverfront
WHEREAS, one redevelcenario depi
the Old Benton Street right-of-wadrive for a s
properties; and
WHEREAS, the Planning and Zoning c
recommended approval of the application subje
• Rezoning of the property at 708 South
Subdistrict; and
• Conveyance of the 4,665 square foot pi
the corner property; and
• Establishment of a 22 -foot wide public
adjacent porperties and the park and trai
NOW, THEREFORE, BE IT ORDAINED BY
SECTION I VACATION. The City of
described as follows:
Drive is a small property, with limited
ar enable the adjacent property at 708 S.
sings Master Plan; and
in the Riverfront Crossings Plan, shows this
J parking area located between the adjacent
mmis ion has the reviewed the proposed vacation and has
to th4 following conditions:
itiv side Drive to Riverfront Crossings—West Riverfront
of the ROW is concurrent with the redevelopment of
to preserve vehicular access for both
CITY COUN IL OF THE CITY OF IOWA CITY, IOWA:
City hereby cates that portion of public right-of-way
A PORTION OF THE OLD BENTONCT
EET RIGHT-OF-WAY L ATED IN THE SOUTHWEST
QUARTER OF THE NORTHWEST QU R OF SECTION 15, TO SHIP 79 NORTH, RANGE 6
WEST, OF THE FIFTH PRINCIPAL MEFfiDIAN, IOWA CITY JOHNSON CO TY, IOWA, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S ARCEL NO. 2006106, IN
ACCORDANCE WITH THE PLATT REOF RECORDED IN PLAT BOOK AT PAGE 45 OF THE
RECORDS OF THE JOHNSON CO NTY RECORDER'S OFFICE; THENCE S86'54'00"W, ALONG THE
NORTH LINE OF SAID AUDITOR'l PARCEL NO. 2006106, A DISTANCE OF 168.75 FEET; THENCE
S79'22'20"W, ALONG SAID NORT LINE 15.91 FEET; THENCE S51'18'26"W, ALONG SAID NORTH
LINE, 2.92 FEET, TO THE NORTH VEST CORNER THEREOF, AND A POINT ON THE EAST RIGHT-OF-
WAY LINE OF SOUTH RIVERSID DRIVE; THENCE NO2'51'01"W, ALONG SAID EAST RIGHT-OF-WAY
LINE, 38.56 FEET, TO THE SO HWEST CORNER OF THE PARCEL OF LAND CONVEYED BY QUIT
CLAIM DEED RECORDED IN OOK 2524 AT PAGE 139 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE; THENCE SOUTHEASTERLY, 15.75 FEET ALONG THE SOUTH LINE
OF SAID CONVEYED PARCEL ON A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY,
WHOSE 14.17 FOOT CORD BEARS S47'58'29"E; THENCE N86'54'03"E, ALONG SAID SOUTH LINE
176.74 FEET; THENCE S03'05'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF
Ordinance No.
Page 2
LAND CONTAINS 0.11 ACRE (4,665 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
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 proWded by law.
mme1v
ATTEST:
CITY CLERK
7a:
d by
q'P
City Attorneys Office
t -
Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239
(VAC14-00002)
ORDINANCE NO.
ORDINANCE VACATING OLD BENTON STREET RIGHT-OF-WAY, AUDITOR'S
PARCEL 2014085, LOCATED ADJACENT TO 708 SOUTH RIVERSIDE DRIVE. (VAC14-
00002)
WHEREAS, the applicant has requested that the City vacate and convey to the applicant a portion of
the Old Benton Street right-of-way adjacent to his property 708 South Riverside; and
WHEREAS, this public right-of-way is not needed for circulation beyond access to the two adjacent
properties and the trailhead for the Iowa River Corridor trail; and
WHEREAS, there does not appear to be any public interest in continuing to incur cost, staff time,
and liability in maintaining this right-of-way;
WHEREAS, the adjacent property at 708 S. Riverside Drive is a small property, with limited
development potential; and
WHEREAS, vacation of the right-of-way will better enable the adjacent property at 708 S.
Riverside to redevelop in compliance with the Riverfront Crossings Master Plan; and
WHEREAS, one redevelopment scenario depicted in the Riverfront Crossings Plan, shows this
the Old Benton Street right-of-way as the drive for a shared parking area located between the adjacent
properties; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has
recommended approval of the application subject to the following conditions:
• Rezoning of the property at 708 South Riverside Drive to Riverfront Crossings—West Riverfront
Subdistrict; and
• Conveyance of the 4,665 square foot portion of the ROW is concurrent with the redevelopment of
the corner property; and
• Establishment of a 22 -foot wide public access easement to preserve vehicular access for both
adjacent properties and the park and trailhead.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way
described as follows:
LEGAL DESCRIPTION
AUDITOR'S PARCEL 2014085, RECORDED IN BOOK 2524 AT PAGE 139, JOHNSON COUNTY
RECORDERS OFFICE. SAID PARCEL OF LAND CONTAINS 0.11 ACRE (4,665 SQUARE FEET), AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
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.
MAYOR
Ordinance No.
Page 2
ATTEST:
CITY CLERK
Approved by
City Attorneys Office //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:
Botchway, Dickens,
Second Consideration _
Vote for passage:
Date published
ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
11/18/2014
Hayek, Mims, Payne, Throgmorton,
DSbyns. NAYS: None. ABSENT: None.
that the
-11-1944
13
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM
CONVERSION CODE, TO READ "CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE
CONVERSION CODE"; AND ADDING SECTION 17-10-2, "MULTIPLE HOUSING COOPERATIVE
CONVERSION CODE" TO GOVERN CONVEYANCES OF BUILDINGS TO MULTIPLE HOUSING
COOPERATIVES.
WHEREAS, in recent years, numerous owners of commercial apartment buildings have conveyed
their property to multiple housing cooperatives they control in an effort to reduce their property taxes by
approximately 50%; and
WHEREAS, the great reduction in revenue to the City from the buildings in question is not
accompanied by any reduction in the City services needed by the building owners or residents; and
WHEREAS, requiring that conveyances to multiple housing cooperatives be preceded by bringing the
buildings up to building code compliance would go far in improving the accessibility of the buildings and
the health and safety of the residents, and the broader community; and
WHEREAS, a change in ownership, from the present owner to a multiple housing cooperative, is an
appropriate time to require building code compliance, because a change in ownership structure can have
a significant impact upon the safety and usability of the building; and
WHEREAS, when a building is owned by a single owner, that owner has full control and responsibility
for maintaining and operating their property, and bears any casualty loss to the building, but if the same
building is converted to a condominium, or conveyed to a multiple housing cooperative, the ownership
and control of the building is split up, and measures that keep a building current with modern building
code are made more difficult because of the shared nature of ownership and decision making; and
WHEREAS, older structures that are not building code compliant represent a greater risk, and greater
financial burden, to a community if they lack the features that minimize the need for community resources;
and
WHEREAS, a reduction in a structure's financial contribution to the community should be limited to
those structures that meet standards that minimize these costs; and
WHEREAS, bringing an apartment building up to building code not only provides for the safety and
well-being of the occupants, but also minimizes the need for local community assistance from Fire
Department and EMS personnel, low income energy assistance, weatherization, and building
maintenance and enforcement personnel; and
WHEREAS, there are two general areas under which building code compliance would address the
concerns described above: 1) Life Safety & 2) Accessibility code requirements; and
WHEREAS, Life Safety building code requirements, such as requirements for an automatic sprinkler
system, fire alarm system, fire door assemblies, one-hour fire resistive dwelling unit separation, arc -fault
breakers and safety glazing on windows all help prevent and minimize the spread of a fire once it has
started, which reduces the chance of personal injuries and loss of property; and
WHEREAS, other Life Safety standards such as requirements for emergency escape and rescue
openings, attic access openings, emergency lighting and exit enclosure ventilation systems all help
residents of the building escape the building during an event, and help emergency response personnel
with the rescue process during an event, whether it be a fire, gas leak or natural disaster; and
WHEREAS, in general, modern building code standards attempt to minimize loss (personal and
property) and reduce the risk if and when there is a fire, gas leak, power outage or natural disaster; and
WHEREAS, modern building code requirements also help reduce the chance of the spread of a fire to
neighboring properties, thereby improving life safety for the neighborhood in which the structure is
located; and
WHEREAS, accessibility code requirements such as graspable hardware, ADA -compliant ramps,
elevators, bathroom and kitchen layouts, accessible entrances and parking, stairway handrails, and
locations of outlets, light switches and environmental controls all help make the structure more accessible
to persons with disabilities, elderly, and other segments of the population which benefit from accessible
features; and
WHEREAS, accessibility has been a goal both locally and state-wide due to the aging population and
the desire to allow for a building to serve a variety of potential residents over the life of the building; and
WHEREAS, requiring that the conveyances be accompanied by bringing the buildings up to then -
current building code standards would, at least in part, make up for the resulting loss in revenue to the
City by reducing the need for City services, while at the same time improving the life safety of the
residents of the building and their neighbors, and increasing accessibility.
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, is
hereby amended by replacing the Chapter 10 title with the following:
CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE
TITLE 17, BUILDING AND HOUSING, CHAPTER 10 is hereby further amended by adding a new
section, 17-10-2, entitled "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" as follows:
17-10-2: MULTIPLE HOUSING COOPERATIVE CONVERSION CODE:
A. No conveyance of any residential building or portion thereof to a multiple housing cooperative shall
take place without the building first conforming to the City Building Code then in effect.
B. Unless a certificate of occupancy confirming compliance with the current building codes has been
issued by the building official, no person shall file or record an instrument in the office of the county
recorder conveying an interest in real estate located in the city to a multiple housing cooperative.
C. At least 60 days before an instrument of conveyance is filed or recorded in the office of the county
recorder, the applicant shall electronically file a copy of such instrument, together with the following
documents, with the building official, and shall also pay a conversion fee in the amount set in the
schedule of fees adopted by the city council by resolution:
1. An as -built plan for the entire structure.
2. A building code analysis prepared by an architect or professional engineer, licensed in the
state of Iowa, demonstrating that the structure conforms with then -current building codes, or
can be brought into conformance with then -current building codes by planned improvements to
be made to the structure.
3. If the structure is not in conformance with then -current building codes, the as -built plan and
building code analysis must be accompanied by construction plans detailing planned
improvements to bring the structure into conformance with then -current building codes.
D. Upon receipt of the code analysis, as -built plans, construction plans when necessary, and
conversion fee, the building official shall review the documents and conduct such inspections of
the structure as s/he may deem appropriate to determine whether or not the structure conforms
with the requirements of this section, or can be made compliant with proposed construction plans.
Within sixty (60) days of receipt of the documents and the conversion fee, as provided above, the
building official shall issue a certificate of occupancy or provide written notification to the applicant
regarding existing structural deficiencies and/or the failure of construction plans to meet applicable
codes.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Apyroved by
/0/3D/
City Attorney's Office
day of , 2014.
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 11/04/2014
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton,
Dickens, Dobyns. NAYS: None. ABSENT: Botchway.
Second Consideration 11/18/2014
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published
that the
11-18-14
14
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 14-4600
ORDINANCE AMENDING TITLE 6 OF THE CITY CODE, ENTITLED "PUBLIC HEALTH AND
SAFETY," CHAPTER 4, ENTITLED "NOISE CONTROL," TO SIMPLIFY AND CLARIFY THE
NOISE CONTROL PROVISIONS, TO DELETE PERMITS BASED ON DECIBEL LEVELS, AND
TO REGULATE LOUD CAR RADIOS.
WHEREAS, although Section 6-4 of the City Code presently authorizes the City to approve four types
of sound permits based on decibel levels, the City has not issued such permits for many years;
WHEREAS, to enforce such an ordinance, City staff would need a decibel meter;
WHEREAS, a decibel meter is not effective in measuring bass sound;
WHEREAS, the disorderly house provision in Section 8-5-5 has been very effective in regulating noise,
including amplified sound, in residential areas;
WHEREAS, other sections of the City Code allow staff to issue sound permits;
WHEREAS, the City Code presently does not include an effective way to regulate loud music coming
from a car radio, which has been a source of resident complaints over the years;
WHEREAS, this ordinance is enacted to protect, preserve, and promote the health, safety, welfare,
peace, and quiet of the citizens of the City through the reduction, control, and prevention of loud and
raucous noise, or any noise which unreasonably disturbs, injures or endangers the comfort, repose,
health, peace or safety of reasonable persons of ordinary sensitivity; and
WHEREAS, it is in the City's best interest to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 6, entitled "Public Health and Safety," Chapter 4, entitled "Noise Control," is deleted in its
entirety and the following new Chapter 4, entitled "Noise Control" is substituted in lieu thereof:
6-4-1: DEFINITIONS:
As used in this chapter, the following definitions shall apply:
Amplified Sound: To increase sound in intensity and duration by electrical, electronic, mechanical or
other nonhuman means, including an electronic device.
Noise Disturbance: Any loud and raucous noise, or any noise which unreasonably disturbs, injures or
endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity;
Person: Any natural or corporate person, business association or other business entity including, but
not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity.
Plainly Audible: Any sound for which the information content of the sound is transferred to the listener
such as, but not limited to, understanding of spoken speech, comprehension of whether a voice is raised
or lowered or comprehension of musical rhythms.
Public Place: Any street, avenue, boulevard, highway, sidewalk or alley or similar place owned or
controlled by the city, including any structure or park.
Real Property Line: An imaginary line along the ground surface and its vertical extension, which
separates the real property owned by one person from that owned by another person, but not including
intrabuilding real property divisions.
Sound Production Device: Radio, tape player, disc player, loudspeaker, digital audio player, portable
media player or other electric, electronic or mechanical device that produces or reproduces sound.
6-4-3: SPECIFIC ACTIVITIES PROHIBITED:
A. No person shall play or operate, or permit the playing or operating of, a sound production device
within a motorized vehicle that is plainly audible by any person: 1) either across a real property line or at a
distance of fifty (50) feet or more from the vehicle; and, 2) for more than thirty (30) continuous seconds.
B. No person shall cause or create, or permit the causing or creating of, a noise disturbance that is
plainly audible by any person: 1) either across a real property line or at a distance of fifty (50) feet; and, 2)
for more than thirty (30) continuous seconds.
C. No person shall use amplified sound in City Plaza except with a permit authorized in Title10.
D. No person shall use amplified sound in violation of Section 8-5-5 of this Code.
E. No person shall so load, unload, open, close or handle boxes, crates, containers, building materials,
garbage cans or similar objects outdoors between the hours of ten o'clock (10:00) P.M. and six o'clock
(6:00) A.M. the following morning as to create a noise disturbance across the property line of residentially
zoned property.
E. No person shall unload or handle garbage dumpsters or similar objects outdoors between the hours of
ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. the following morning as to create a noise
disturbance across the property line of residentially zoned property.
F. No person shall operate construction equipment before seven o'clock (7:00) A.M. and after ten o'clock
(10:00) P.M. unless a permit therefor has been obtained from the city engineer.
6-4-4: EXCEPTIONS TO PROVISIONS:
The provisions herein shall not apply to:
A. The emission of sound for the purpose of alerting persons to the time of day, the existence of an
emergency or the approved testing thereof.
B. The emission of sound in the performance of emergency work, including snow removal and
maintenance of trees.
C. Emergency vehicles, such as fire trucks and ambulances.
D. Essential services, such as electrical substations and safety devices.
E. Construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00)
P.M. "Maintenance activities" shall be nonroutine operations, temporary in nature and conducted
infrequently.
F. Cement sawing of freshly poured concrete street, alley, sidewalk or road surface.
G. Any person emitting sound pursuant to a permit under Title 10 of this Code.
H. Reasonable activities conducted on public playgrounds and public or private school grounds, which
are conducted in accordance with the manner in which such spaces are generally used, including by not
limited to, school athletic and school entertainment events.
I. Events conducted by affiliated groups, as that term is defined in Title 10, Chapter 1 of this Code or if,
sponsored or funded, in whole or in part, by a governmental entity.
J. Equipment used for political advertisements.
K. Equipment used for public health and safety purposes.
L. Church or clock carillons, bells or chimes or other reasonable sounding of devices from houses of
worship.
M. Parades, processions or other public events for which a parade or other permit has been issued,
provided the conditions of the permit are complied with.
N. Car or truck horns or similar devices when used to denote danger or a warning or possible danger.
6-4-5 VIOLATION:
Violation of this chapter shall be considered a municipal infraction punishable by a penalty as provided for
in section 1-4-2D1 of this code or a simple misdemeanor punishable by a fine of $65.00.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION Ill. 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 18th day of November , 2014.
1 MA e_ -
ATTEST:
CITY CLERK
Approved
City Attorney
Ordinance No. 14-4600
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 10/21/2014
Vote for passage: AYES: Payne, Throgmorton, Botchway, Dickens,
Hayek, Mims. NAYS: None. ABSENT: Dobyns.
Second Consideration 11/04/2014
Voteforpassage: AYES: Mims, Payne, Throgmorton, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: Botchway.
Date published 11/26/2014