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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. `-'-a C'3 - N 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 "� C-) 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 r "A LL N rT eo a r 0 n 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. r 3 I 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. r 4 C 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 C Ln rl O O N W W . . . . . . oC m p . o2 SNNVH ALO Y / TOMa ' � a O L � N O QL T� 2 L L O (n O ( rl O O N r O a O � LEI TH R 1. ff VE W Q = U 0 a. a m W 1F�1 I� 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. . r 2 C 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 ppdsftInWftpVwnpWe.Wa Planning and Zoning Commission October 16, 2014 - Formal Page 2 of 19 PRELIMINARY 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 Page 3 of 19 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 / o o 0 ,a W N z V � V w 0 O O � a S. RIVERSIDE DR. o - L v ce um z I 0 Ld m U W N i LO 00 a O Ua Q W= 04 F- L J �z LL U 0_ XH_ — cc P3: u- I Q� O Z 1 Q aV�3:� � ; g c) �,— 0�~O Luh D�w;z LL C/) 0 = <O0C) w Z In } m0U D < U) Z : LL O=O F- /� a0 I..L 100 WV 9£:61:9 tLOZ/0£/6 6mP5£009990\-£00-9990\9990\:0 3 ~ e U e o �� K H H f~/1 N N C Z W a =LU Z r n ZZo Z C N ^i z Lu � a on �° } JUN v2 0 Z Luwjz 3�O Q N s Co o ww}F- NZ Z J 1� U ¢ H O F J > O a W 2 m Z f M D �U m �1 a (/i��co HB O E 4 a OO�� �O �Z>Cn�Zo f W a c C) c O�Om 8 & � k-) p p n 00 U zy=1 C j U1 N V) ,n O= - a > Y W 2 9F -= m 7 pV2 N SH 171= _ OOOa m� 3 \<2�zw 413 J Z7tpOU rr� Z Krc-rd`O KOK Z1.10�K� d oo F arkl� Fpl�ii z 0 K rcN ie O HINUIU m z ad'U JWWKIU II III111111 N Q � II W go !I li��� O W l J �O zwwWOWcwc pFJ�F�NHI</1 p 2iE0W�0�10 ��KF�q nod 3- r3 lci�mc w $N< < F�< sNW�QO g �3vl�xa� a}�•3 K4NOUWK 1- W N r 0 OJ O p K uinW zF1.1n p U�UU<oLL IWiF z zyNW1WO�nN,z W �3 VIKN SNIA Upr�Op> 1.<j w nW P g��o;�wNm N Zp�pZo N� 112JJz- Z VI ZtU<ZZ W =m 2>�p UO iWi OW�ww <1.1<ZFzVU�1. ..O 1� a OOi°rcrcpO�r� t ..oz .oz WVOa�00p?e o. �, w w rc d K Wzmuw,m WWUO � OOW zFZ i<�d��OU a pW= p< oN31n��oN� KOO1lIJW= <z x iaoN>rcQ�w= W<o c� Fav i-I<U123F W UAz �ooN�<xg <pp wz ZO2,2 WJNyypj�=O =mFW"26W-U mHF-wMi< o TQo nT� "ten Ego IE hE« n a E - o " i p 3 lD o S 3 v u tTCG a Z Wo u IkIIIOIII @aa\,o i1 �0 � W 2 L) j, w- LL � OZ \ ZZ �� \ oW LLW J 00 IL ! <' a �Zj) r o_17I b�sdLs✓� did J — — — MWERSODD C DG3�MC PCV > 1-9 11118 on <` 19.P : 4- 4- =1 �I z O w J W 2 H O ar — O y IQL .4 Ai" � n goo L - di `.uio vM01 -301S21 AM HS3d� 3)4vQ SM'111)t9J N,a ui X91 V5 lean N O� m\ 3 � 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 --- N' .. \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