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HomeMy WebLinkAbout2015-01-06 Resolution3d(1) Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 (SUB14-00020) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF CARTER ESTATE, IOWA CITY, IOWA. WHEREAS, the owner, Cardinal Development, LLC and the applicant, Carter Holding, LLC, filed with the City Clerk the final plat of Carter Estate, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following -described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot G of Cardinal Ridge Subdivision — Part Three, to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 51 at page 14 of the records of the Johnson County Recorder's Office, excepting therefrom Auditor's Parcel No. 2006135, to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 51 at page 118 of the records of the Johnson County Recorder's Office, being a portion of the Northwest Quarter of the Northwest Quarter of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said resultant tract contains 19.10 acres (832,166 square feet) and is subject to easements and restrictions of record. WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2013) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. Page 2 Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: NAYS: pcd/templates/Carter Estate Final Plat resolution (2).doc.doc MAYOR 20 A roved b 97: City Attorney's Office and seconded by ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton the Resolution be STAFF REPORT To: City Council Prepared by: John Yapp, Development Services Item: SUB14-00020 Carter Estate Date: December 9, 2014 GENERAL INFORMATION Applicant: Carter Holdings, LLC 395 Westcor Drive Coralville, IA 52241 Phone: 545-4140 Contact Person: Requested Action Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 60 Day Limitation Period: BACKGROUND INFORMATION: Chris Carter ccarter@carterassociates.net Final plat approval A two -lot residential subdivision with one outlot East side of Camp Cardinal Road, north of Eagle Place 19.10 acres Vacant; Single Family Residential (RS -5) North: Residential; ID -RS South: Residential; OPD -5 East: Residential; OPD-RR1 West: Residential; ID -RS Residential; 2-8 du/acre November 13, 2014 January 12, 2015 The applicant, Carter Holdings, LLC, has submitted a final plat for a two -lot with one outlot, 19.10 - acre subdivision located east of Camp Cardinal Road, north of Eagle Place. The preliminary plat was approved on November 4, 2014. ANALYSIS: The final plat of Carter Estate is in general compliance with the approved preliminary plat and subdivision regulations. Legal papers and construction drawings have been approved by the City Attorney's Office and City Engineer's Office, respectively. 2 Neighborhood open space: This subdivision is a resubdivision of Outlot G of Cardinal Ridge Part Three. Neighborhood open space fees were paid with the Cardinal Ridge Part Three subdivision, therefore no open space fees are required. Infrastructure Fees: Water main extension and sanitary sewer tap -on fees were paid with the development of Cardinal Ridge Part Three, and no additional fees are required. STAFF RECOMMENDATION: Staff recommends outlot, 19.10 -acre Place. ATTACHMENTS: 1. Location M 2. Final plat Approved by: approval of SUB14-00020, the final plat of Carter Estate, a two -lot with one residential subdivision located east of Camp Cardinal Road, north of Eagle Doug B'0'otfiroy, irector N Department of ighborhood and Developme Services PCD\Staff Reports%nal plat staff report carter estate.docx w N y v}i^° °1 z 'O 32E as Q LJ.I O. WZVy.... 'Nim ..,,. .,..�Z_..,�,.,., t�� 'i U � s £Ebs ga; �tagfi w w z >_ U rc�� ;�`%^_9 b 5 i3i i c 2�� lit on J Q � Vi O rF gowF..OWWQ I- Z H 7d-- NL' � S gVV E ai EIM 2 a O 4 to w >=". $ C l i Eli /^� 6J. u.i BM60,=O °p'0'Qu'LLK ° A Z5 gg x y w �C �a e amK J �' O<z�o0� Z?pO;� }O F Z N 3 rc° v p z 3 rc n E m Q LU PK>az�' a O Z UO O g O a O) o S z ^ Z Q KQp(7��U OLLmz��.z QZQ U �S� - N LL. 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Washington St., Iowa City, IA 52240 (319) 356-5410 RESOLUTION NO. 15-1 RESOLUTION ACCEPTING THE WORK FOR PHASE 2 OF THE FIRST AVENUE STORM SEWER IMPROVEMENTS PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of Phase 2 of the First Avenue Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Ricklefs Excavating, Ltd. of Anamosa, Iowa, dated May 31, 2013, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in First Avenue Storm Sewer account #3626; and WHEREAS, the final contract price is $1,223,246.16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 6th day of January —120 15 /tie' MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office /Y It It was moved by Mims and seconded by Pavne the Resolution 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 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT December 15, 2014 City Clerk Iowa City, Iowa Re: First Avenue Storm Sewer Improvements Project - Phase 2 Dear City Clerk: I hereby certify that the construction of Phase 2 of the First Avenue Storm Sewer Improvements Project has been completed by Ricklefs Excavating, Ltd. of Anamosa, Iowa in substantial accordance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC. The project was bid as a unit price contract and the final contract price is $1,223,246.16. There was a total of two (2) change or extra work orders for the project as described below: 1. Temporary Business Signs, Modify Storm Sewer Structure, Sump Pump Connections, Hydrant Adjustment and Cold Weather Protection for Concrete $8,251.15 2. Private Storm Sewer Connection $3,655.50 Total: $11,906.65 I recommend that the above -referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Level II Design Review Historic Preservation Height Transfer Sending Site qualifies for the transfer of development rights: 914 S. Dubuque Street — Tate Arms Property was designated an Iowa City Landmark at the same time the larger property (including 201 E. Benton & 912 S. Dubuque) was rezoned to Riverfront Crossings — CX Property will be preserved against decay, deterioration, and kept free from structural defects by the owner according to the Historic Preservation regulations. Preservation of this landmark site makes 34,800 square feet of development area available for transfer (lot area 8700 s.f. X 4) Receiving Site: 201 E. Benton & 912 S. Dubuque Street Owner intends to use 7400 s.f. of the transfer rights for a 51" story at a new building to be constructed at 912 S. Dubuque Street vt NDS lrmmml� S 94, nF4.:ANT! J n45pNPT 3. — 'iEr<E" �� tl650MCK NJ^" HICK h It[ Lc-cl Pki , r .®„ CITY OF IOWA CITY 3�(�� MEMORANDUM Date: December 23, 2014 To: Tom Markus, City Manager From: Karen Howard, Associate Planner Re: Level II Design Review — Historic Preservation Height Transfer for 201 E. Benton and 912 S. Dubuque Street Background XJ -23, L.L.C. filed an application with the City requesting a Historic Preservation Height Transfer for a proposed multi -family building at 201 E. Benton and 912 S. Dubuque Street. The subject property is zoned Riverfront Crossings — Central Crossings (RFC -CX), which allows four story buildings with the possibility of four bonus height stories, for a maximum of 8 stories. The Historic Preservation Height Transfer provisions in the form -based code for Riverfront Crossings create an incentive for developers to preserve and adaptively re -use historic properties by allowing a transfer of development rights from the historic property to one or more eligible sites within the Riverfront Crossings District. Requests for Historic Preservation Height Transfers are reviewed by the Form -based Code Committee through a Level II Design Review process and approved by the City Council. Earlier this year, the properties at 201 E. Benton Street, 912 S. Dubuque Street and 914 S. Dubuque Street were rezoned to Riverfront Crossings — Central Crossings (RFC -CX) and the property at 914 S. Dubuque Street (Tate Arms) was designated an Iowa City Historic Landmark. With the new zoning and the historic designation, the property at 914 S. Dubuque Street is eligible as a "sending site" for a transfer of development rights. The applicant is proposing to rehabilitate the Tate Arms according to the applicable provisions in the Historic Preservation Handbook and convert it back to residential use as a duplex, and has requested the right to develop the properties at 201 E. Benton and 912 S. Dubuque Street with an additional one (1) bonus height story transferred from the Tate Arms property. Transfer of Development Rights To encourage preservation of historic properties, the formula for calculating the transfer of development rights was intentionally written to allow the maximum transfer of development rights through a simple formula as explained below: • Lot area of the sending site multiplied by the maximum number of stories allowed in the sending site's relevant Riverfront Crossings zoning designation. In this case the Tate Arms property (914 S. Dubuque Street) is located in the RFC -CX zone, which allows up to 4 stories by right, and is 8,700 square feet. Therefore 34,800 square feet of development area is available for transfer. Through the application of density height bonus provisions, the height of the proposed building on the receiving site or sites may exceed the maximum building height otherwise allowed by right within certain limits established by 14 -2G -7G -1d. In this case, the applicant is requesting to transfer 7,400 square feet to add a 5th story to a new building proposed at the corner of S. Dubuque and Benton Streets (201 E. Benton and 912 S. Dubuque Street). The receiving site is located in the RFC -CX zone. The transfer of these December 30, 2014 Page 2 development rights will result in a 5 -story building, which is one story of additional density not otherwise allowed. • The remaining 27,400 square feet will remain available for transfer to one or more eligible Riverfront Crossings sites in the future. • To provide an additional incentive, there is no deduction in the formula for re -use of the historic property. In this case, the property owner intends to convert the Tate Arms back to residential use as a duplex and will follow historic preservation guidelines for any changes or improvements to the building. Because the sending site has been designated a historic landmark it is also eligible for a reduction in parking requirements in order to preserve or protect the historic, aesthetic, or cultural attributes of a historic property. The property owner will likely be seeking a small reduction in the parking requirements from the Board of Adjustment in order to preserve more of the site as usable open space and to create space between the new building and the Tate Arms. Design Review All requests for bonus height, including transfer of development rights, must demonstrate excellence in building and site design, use high quality building materials, and be designed in a manner that contributes to the quality and character of the neighborhood. Staff has reviewed the building and site design of the new 5 -story building proposed on the properties at 201 S. Benton Street and 912 S. Dubuque Street (which will be combined using the 912 S. Dubuque Street address). While staff is working with the applicant on minor details of the building and site design, staff finds that the proposal meets the approval criteria for the Historic Preservation Height Transfer based on the following findings: • The applicant will rehabilitate the Tate Arms building to ensure that it is preserved against decay, deterioration, and kept free from structural defects. The intent is to convert the building back to residential use as a duplex. Staff recommends that the final plan for preservation of the Tate Arms be approved by the City prior to issuance of an occupancy permit for the new building. • The new building will be separated from the historic property by approximately 40 feet, which will help mitigate for the difference in the height of the two buildings and will provide a landscaped area between the two buildings that can be used as shared open space for the residents of the two buildings. • The new building will be designed to meet the standards in the form -based code using high quality building materials, an attractive frontage design, generous outdoor balcony/terrace space, structured parking, and interior floor plans of a size and design that will likely be attractive to a diverse population of renters. The most recent building elevations are attached. • The 4th and 5th floor facades of the new building will be stepped back a minimum of 10 feet from the lower floor facade to help reduce the bulk and scale of the building according to the provisions in the form -based code. The northwest corner of the building has been enhanced to provide visual interest, so is exempt from this stepback provision. December 30, 2014 Page 3 • The building articulation exceeds requirements of the form -based code, which will also help to reduce the bulk and scale of the building and create visual interest and additional opportunities for foundation landscaping. Recommendation: The Staff Form -based Code Committee finds that the application meets the approval criteria to qualify for a historic preservation height transfer of 7,400 square feet. Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 RESOLUTION NO. RESOLUTION APPROVING A TRANSFER OF HISTORIC PRESERVATION DEVELOPMENT RIGHTS TO 201 E. BENTON AND 912 S. DUBUQUE STREET IN THE RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE. WHEREAS, XJ -23 LLC (Applicant) has filed an application for Level II Design Review requesting the transfer of 7,400 square feet of development rights from 914 S. Dubuqu Street (Tate Arms), a designated low City Historic Landmark, to adjacent properties located 201 E. Benton Street and 912 S. Dubuq%at eet (collectively "the receiving site") pursuant to owa City Code 14 -2G - 7G -3, allowing for c preservation height transfers, and approval the design for a 5 -story residential structura receiving site; WHEREAS, the Applica has agreed to ensure the Tate Ar property will be preserved against decay, deterioratio and kept free from structural defec , thus qualifying for transfer of up to 34,800 square feet of oor area development rights to a gible site(s) within the Riverfront Crossings District; WHEREAS, the request to trans er 8,700 square feet of a eligible density to the receiving site will allow one additional story in kcess of the Riverfropt Crossings — Central Crossings height standard and leave 27,400 square eet available for tr sfer to eligible site(s); and WHEREAS, the application demonst tes exc the use of high-quality building mater) Is, and to the quality and character of the neigh orhoc 5e in building and site design, contemplates been designed in a manner that contributes WHEREAS, the Staff Form -based Code mittee has reviewed the building design and site layout for the new building and find that the satisfy the approval criteria for a historic preservation height transfer. NOW, THEREFORE, BE IT RESOLV BY T E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The attached applicatio submitted by -23, L.L.C. for a historic preservation height transfer of 7,400 squ a feet from the h toric landmark property located at 914 S. Dubuque Street (Tat Arms) to the receivin site and the design of a 5 -story residential structure thereon is ereby approved. 2. The Mayor and ity Clerk of the City of Iowa City, owa are hereby authorized and directed to c/tholution. 3. Thhereby authorized and directed to re ord this Resolution and any and all supements with the Johnson County Recor r at Applicant's expense. Passed anhis _ day of , 2015. MAYOR Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 RESOLUTION NO 15-2 RESOLUTION APPROVING A TRANSFER OF HISTORIC PRESERVATION DEVELOPMENT RIGHTS TO 201 E. BENTON AND 912 S. DUBUQUE STREET IN THE RIVERFRONT CROSSINGS - CENTRAL CROSSINGS (RFC -CX) ZONE. WHEREAS, XJ -23 LLC (Applicant) has filed an application for Level II Design Review requesting the transfer of 7,400 square feet of development rights from 914 S. Dubuque Street (Tate Arms), a designated Iowa City Historic Landmark, to adjacent properties located at 201 E. Benton Street and 912 S. Dubuque Street (collectively "the receiving site") pursuant to Iowa City Code 14 -2G - 7G -3, allowing for historic preservation height transfers, and approval of the design for a 5 -story residential structure at the receiving site; WHEREAS, the Applicant has agreed to ensure the Tate Arms property will be preserved against decay, deterioration, and kept free from structural defects, thus qualifying for transfer of up to 34,800 square feet of floor area development rights to eligible site(s) within the Riverfront Crossings District; WHEREAS, the request to transfer 7,400 square feet of the eligible density to the receiving site will allow one additional story in excess of the Riverfront Crossings - Central Crossings height standard and leave 27,400 square feet available for transfer to eligible site(s); and WHEREAS, the application demonstrates excellence in building and site design, contemplates the use of high-quality building materials, and has been designed in a manner that contributes to the quality and character of the neighborhood; WHEREAS, the Staff Form -based Code Committee has reviewed the building design and site layout for the new building and find that they satisfy the approval criteria for a historic preservation height transfer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The attached application submitted by XJ -23, L.L.C. for a historic preservation height transfer of 7,400 square feet from the historic landmark property located at 914 S. Dubuque Street (Tate Arms) to the receiving site and the design of a 5 -story residential structure thereon is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. 3. The City Clerk is hereby authorized and directed to record this Resolution and any and all supporting agreements with the Johnson County Recorder at Applicant's expense. Passed and approved this 6 day of January, 2015. c MAYOR Resolution No. 15-2 Page 2 ATTEST: CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: and seconded by NAYS: :led by City Attorney's Office Payne the Resolution be ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton \/� 'E y �� .�S � RI a� z �i V� m 5. 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Q s m 8 %s""y€&1�lggaQgSp� !d{'$EAllu ¢Ak9 x B 6:iB2�l;SkR.4 1�SQSIt Z ��.1 S �gyg� 5 N s Cl) m m gig p O z o �C�m m F> 9 gp>� c) C m g� =m 9Om�� mm Sye D `ice V Z Z m m �' l�eGgeeAllNb9 ill VIII Z � t , I 1 1 o.awe. a�au 1 ,• ^, I�I � � ill VIII o 6 .... Q s m 8 %s""y€&1�lggaQgSp� !d{'$EAllu ¢Ak9 x B 6:iB2�l;SkR.4 1�SQSIt Z ��.1 S �gyg� 5 z �y °f N i � v CO m�� u i Hc, mN Z� �0 2 g m y ,. CA)� 5g5� O N , Qo (A O®z® Cnrn DW:�m n�Mn < �m�� � �T �Zz m m A ( Prepared by: Jason Reichart, Public Works / Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356-5416 RESOLUTION NO. 15-3 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE NORTH WASTE WATER TREATMENT PLANT TRICKLING FILTER MEDIA TRUCKING PROJECT. WHEREAS, the City retained the services of North Shore to perform certain mercury abatement services for the trickling filters, a necessary step in the decommissioning and removal of the North Wastewater Treatment Plant; and WHEREAS, during the course of performance, North Shore has stockpiled debris and identified it as appropriate for disposal at the Iowa City Landfill; and WHEREAS, the City requested bids to perform such removal and disposal services; and WHEREAS, Neuzil and Son's, Inc. of Oxford, Iowa, submitted the lowest responsible bid of $104,520.00 for performance of the above-described project; and WHEREAS, funds for this project are available in the North Wastewater Plant Demolition account #V3142. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the above-described project is hereby awarded to Neuzil and Son's, Inc., subject to the condition that awardee secure adequate insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the above-described project. 3. The City Engineer is authorized to execute change orders as they may become necessary in the performance of the above-named project. Passed and approved this 6th day of January , 20 15 ATTEST: 11 ,-_2 CITY"CLERK Approved by 1' :A IGL Ciily Attorney's Office /S-~ ��- Resolution 15-3 Page 2 It was moved by Mims adopted, and upon roll call there were: and seconded by Payne the Resolution be AYES: NAYS: x x x x x x X pweng\masters\awrdcon.doc 1/15 ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 3e(3) Prepared by: Dave Panos, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5145 RESOLUTION NO. 15-4 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 20, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SYCAMORE STREET - CITY LIMITS TO SOUTH GILBERT STREET, PHASE 1 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Sycamore Street- City limits to S. Gilbert Street account #S3931. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 20th day of January 2015, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of January 12015 MAYOR Approv ATTEST: �2�ccyy %Z- Z - / y CITY C ERK City Attorney's Office S:\ENG\PW\Resolutions\Project Resolutions\Setting Public Hearing\Sycamore Street 2015\Set Public Hearing Project -Sycamore Street 2015.doc Resolution No. 15-4 ]Page 2 It was moved by Mims and seconded by Payne the Resolution 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 �•,,--',r.® CITY OF IOWA CITY M MEMORANDUM DATE: December 22, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Sycamore Street — City Limits to south Gilbert Street, Phase 1 Set Public Hearing — January 6, 2015 Hold Public Hearing — January 20, 2015 Award Project — February 23, 2015 Introduction: This agenda item begins the bidding process for the Sycamore Street — City Limits to South Gilbert Street, Phase 1 Project. History / Background: This project is planned for construction beginning in the Spring of 2015 and substantially complete in late July of 2015 to provide access prior to opening of the new Iowa City School District Archibald Alexander Elementary School along Sycamore Street. Discussion of Solution: This project will include reconstruction of a current sealcoat surfaced roadway to City urban design standards including a paved roadway with curb and gutter and underground storm drainage system. The limits of reconstruction are planned to begin approximately 200' South of Langenberg Avenue and end with the reconstruction of Sycamore Street and Lehman Avenue Intersection. Improvements include the following new installations: • (2) New roundabouts o Lehman Avenue and Sycamore Street Intersection o Future McCollister Blvd and Sycamore Street Intersection • New 34' wide urban street section with curb and gutter 0 11' wide travel lanes with 6' wide marked bike lanes • New Storm Sewer system • New 8' wide sidewalk along the west side of Sycamore Street • New 5' wide sidewalk along the east side of Sycamore Street Financial Impact Statement: The preliminary engineer's estimate for the project is $3.2 M and will fall into the CIP budgeted amount under fund #S3931 (Sycamore Street — City Limits to South Gilbert Street). The project will also include a funding agreement with the Iowa City Community School District for reimbursement of expenses for construction of Daniel Place Extension and utilities west of Sycamore Street, along with sidewalk and driveway aprons for the new Archibald Alexander Elementary School along Sycamore Street. Recommendation: Staff recommends proceeding with setting public hearing for the plans, specifications, form of contract, and estimate of cost for construction of the Sycamore Street — City Limits to South Gilbert Street, Phase 1 Project. The proposed project schedule will be as follows: ■ January 20, 2015 - Hold Public Hearing on Contract Documents ■ February 23, 2015 — Award Project cc: Rick Fosse, Public Works Director Dave Panos, Senior Civil Engineer CITY OF IOWA CITY MEMORANDUM DATE: December 17, 2014 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Dubuque Street / 1-80 Pedestrian Bridge, IM -080-6(320)244--13-52 January 6 and January 20 Introduction: This project will construct a new recreational trail along Dubuque Street from Foster Road to the Butler Bridge, including an approximately 270 -foot long pedestrian bridge over 1-80. This project is included in the capital program. History/Background: The Iowa River Trail is an existing trail that requires connectivity along Dubuque Street from Foster Road to the new pedestrian bridge over the Iowa River at Butler Bridge. This multi -use trail provides non -motorized access from the communities north of 1-80 to downtown Iowa City and the University of Iowa. The existing trail along Dubuque Street, south of Foster Road is the most heavily used trail in the metro area, with the most recent trail counts showing 765 users per day at its intersection with Taft Speedway. This missing link in the region's trail system will complete the Iowa River Trail. It will provide convenience for the 15% of Johnson County's population that commute to work on bicycles and for the recreational users throughout the community. Discussion: The new pedestrian bridge over 1-80 shall be similar to the newly constructed pedestrian bridge at Dodge Street over 1-80 and was designed to coordinate with the Detailed Concept Plan for Beautification of the 1-80 Corridor" study, by H.R. Green Company, dated March 3, 2009. This project has been appropriately planned with the Iowa D.O.T.'s Interchange Improvement project that completed construction in the spring of 2014 and with the Iowa City Gateway project, scheduled for letting in the winter of 2016. The 1-80 Pedestrian Bridge project is currently scheduled for the February 17, 2015 Iowa D.O.T. letting. Financial Impact: The total estimated construction cost for this project is $1,727,560.00. We currently have $1,797,000 in state and federal funding available for the project. Any additional costs and City's local share of the construction costs will be funded with General Obligation funds. Recommendation: Staff recommends approval of the plans, specifications and estimate. 51 -U16 T5 _3e(=� Prepared by: Melissa Clow, Special Projects Administrator, 410 E. Washington St., Iowa City, lA 52240, (319)356-5413 RESOLUTION NO. 15-5 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 20, 2015 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE DUBUQUE STREET PEDESTRIAN BRIDGE OVER 1-80 AND RECREATIONAL TRAIL PROJECT [IM -080- 6(320)244--13-52], DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Dubuque Street/1-80 Pedestrian Bridge account # S3930. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 20th day of January, 2015, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 6th day of January J20 15 Approved by j ATTEST: CITYbLERK City Attorney's Office /.1' 4,y pwe ngUnasterslsetph. d oc 1/11 Resolution No. Page 2 15-5 It was moved by Mims and seconded by Payne the Resolution 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 Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 15-6 RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 20, 2015, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1128 MUSCATINE AVENUE. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City purchases rental units located in designated neighborhoods surrounding the University of Iowa, rehabilitates them, and then sells them to income -eligible buyers; and WHEREAS, the City purchased and rehabilitated a single family home located at 1128 Muscatine Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 1128 Muscatine Avenue for the principal sum of $154,750; which is the combination of the amount the City paid to acquire the home ($144,500) plus the "carrying costs" of $10,250, which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council does hereby declare its intent to convey a single family home located at 1128 Muscatine Avenue, Iowa City, Iowa, also known as Lot C in Schuppert & Koudelka's Sub -division of Lots 6 and 7, Block 2, Clark & Borland's Addition to Iowa City, Iowa, for the sum of $154,750. 2. A public hearing on said proposal should be and is hereby set for January 20, 2015, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Resolution No. 15-6 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES Passed and approved this Approved by City Attorney's Office NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 6th day of January , 2015. ATTEST:l�4� CITY bLERK Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 319 356-5230 (ANN14- 00002) RESOLUTION NO. 15-7 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 1.1 ACRES OF PROPERTY LOCATED AT 965 SLOTHOWER AVENUE. (ANN14-00002) WHEREAS, Slothower Farms LLC is the applicant, owner and legal titleholder of approximately 1.1 acres of land located at 965 Slothower Avenue; and WHEREAS, the applicant has requested annexation of the approximate 1.1 acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforementioned property is located within the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, the proposed annexation site does not impose undue burden on the City; and WHEREAS, control of the area proposed for annexation is in the City's best interest because it will allow development in a manner consistent with the Comprehensive Plan; and WHEREAS, pursuant to Iowa Code 368.7 (2013), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public utility, Union Township, the Metropolitan Planning Organization of Johnson County, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and recommended approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N00°00'52"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 370.00 FEET; THENCE S89016'13"W 300.02 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S89°16'31"W, 162.23 FEET; THENCE N01027'17"W, 290.00 FEET; THENCE N89016'31"E, 169.67 FEET; THENCE SOO°00'53"W, 290.00 FEET, TO THE POINT OF BEGINNING. SAID ANNEXATION PARCEL CONTAINS 1.1 ACRES (48,121 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2013) at Owner's expense. Resolution No. 15-7 Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 6th day of January 2015. MAYOR ATTEST: 4%Ol/iC12ic% C TY CLERK 7ved by /We" City Attorney's Office I,/- ) LI/f t/ Resolution No. Fage 3 It was moved by Mims and seconded by Botchway the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Tlu-ogmorton 1:'312 4 2014 City Clerk Prepared by: Bailee McClellan, Plannin j n(,Z4h,14.WAhingtonS . Iowa City, IA 52240 319 356-5230 (ANN14- 00002) RESOLUTION NO. A RESOLUTION FOR A VOLUNTARY ANNEXATIOM OF APPROXIMATELY 1.1 ACRES OF PROPEgTY LOCATED AT 965 SLOTHOW R AVENUE. (ANN14-00001) WHEREAS, Slothow r Farms LLC is the applica t, owner and legal titleholder of approximately 1.1 acres of nd located at 965 Slothower Ave e; and WHEREAS, the applica t has requested annexation of he approximate 1.1 acre tract into the City of Iowa City, Iowa; and WHEREAS, the aforement ned property is located wi in the Long -Range Planning Boundary of the City of Iowa City; and WHEREAS, the proposed an xation site does not i pose undue burden on the City; and WHEREAS, control of the are proposed for annex tion is in the City's best interest because it will allow development in a manne consistent with th Comprehensive Plan; and WHEREAS, pursuant to Iowa Co 368.7 (2013), otice of the application for annexation was sent to the Johnson County Board o Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoni , each a ected public utility, Union Township, the Metropolitan Planning Organization of J nson C unty, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have ject d to the proposed annexation, and WHEREAS, the Planning and Zoning Co m' sion has reviewed the proposed rezoning and recommended approval. NOW, THEREFORE, BE IT RESOLVED BYf F\ CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be v untarily nexed to the City of Iowa City, Iowa: A PORTION OF THE SOUTHEAST Q ARTER OF HE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 W T, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COU Y, IOWA, DESC BED AS FOLLOWS: COMMENCING AT THE CENTEROF S CTION 13, TOWNSH 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIA IOWA CITY, JOHNS COUNTY, IOWA; THENCE N00°00'52"E, ALONG THE EAST INE OF THE SOUTH ST QUARTER OF THE NORTHWEST QUARTER OF SAID ECTION 13, A DISTANCE F 370.00 FEET; THENCE S89016'13"W 300.02 FEET, TO HE POINT OF BEGINNING; THENCE CONTINUING S89016'31"W, 162.23 FEET; THE CE N01027'17"W, 290.00 FEE , THENCE N89016'31"E, 169.67 FEET; THENCE S00°00'5 'W, 290.00 FEET, TO THE POIN OF BEGINNING. SAID ANNEXATION PARCEL CONTAI . S 1.1 ACRES (48,121 SQUARE FEED, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2013) at Owner's expense. Resolution No. Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this N� day of ATTEST: CITY CLERK P HG`j 2 4 2014 City Clea k Iowa City, Iowa Mil /App ved by 7 /-", City Attorney's Office I ,;2 C-[// Lf Prepared by: Bailee McClellan, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC 14-00001) RESOLUTION NO. RESOLUTION VACATING THE PLAT OF TERRA VERDE SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF MU E I\ AND SCOTT BOULEVARD. (VAC14-0000_) WHEREAS, the proprietor and applicant, eronymus Family Partnershi , LLP, has requested that the City vacate the plat of Terra Verde subdivision located at the northwest cor r of Muscatine Avenu"nd Scott Boulevard in its entirety; and: WHEREAS, there are no other proprietors f any lots or outlots within sa� plat; and ;cls WHEREAS, there are no mortgages on an of the lots or outlots withi said plat; and _ ry WHEREAS, no right-of-way has been accep ed; and c WHEREAS, no improvements have been ma ;and WHEREAS, no lots have been developed. NOW, THEREFORE, BE IT RESOLVED BY THE THAT: SECTION I VACATION. The City of Iowa City hereby LEGAL L OF THE CITY OF IOWA CITY, IOWA plat of the subdivision described as follows: Commencing at the East Quarter Corner of Section 13, To ship North, Range 6 West, of the Fifth Principal Meridian; Thence S87°35'12"W, along the South Line of the ortheast arter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87°3 12"W, 340. feet; Thence N01°30'01"W, 514.00 feet; Thence S87'35'1 2"W, 130.00 feet; Thence S86°39'07"W, 1.77 feet, to a int on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recor d in Plat Book 7, t Page 18, of the Records of Johnson County Recorder's Office; Thence N01°16'59"W, along aid East Line, 576.72 t, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in ok 1917, at Page 240, o he Records of the Johnson County Recorder's Office; Thence S73°02'15"E, along said S uth Line, 858.85 feet, to a Po t on the West Line of Parcel "B" of "Ralston Creek South Property Acquisition" Plat of urvey, as recorded in Plat Book 9, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S °38'05"E, along said West Line, 2 .25 feet; Thence S01°30'01"E, along said West Line, 562.70 feet, to the Sout est Corner thereof, and the Point of ginning. Said Tract of Land contains 12.48 Acres, and is subject to easem is and restrictions of record. Passed and approved this day of , 20 MAYOR Approved by „Ordinance No. Page 2 ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: AYES: City Attorney's Office and seconded by the Resolution be hway ans ms ;k ie gmorton Prepared by: Bailee McClellan, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (VAC 14-00001) RESOLUTION NO. 15-10 RESOLUTION VACATING THE PLAT OF TERRA VERDE SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF MUSCATINE AVENUE AND SCOTT BOULEVARD. (VAC14-00001) WHEREAS, the proprietor and applicant, Hieronymus Family Partnership, LLP, has requested that the City vacate the plat of Terra Verde subdivision located at the northwest corner of Muscatine Avenue and Scott Boulevard in its entirety; and WHEREAS, there are no other proprietors of any lots or outlots within said plat; and WHEREAS, there are no mortgages on any of the lots or outlots within said plat; and WHEREAS, no right-of-way has been accepted; and WHEREAS, no improvements have been made; and WHEREAS, no lots have been developed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I VACATION. The City of Iowa City hereby vacates the plat of the subdivision described as follows: LEGAL DESCRIPTION Commencing at the East Quarter Corner of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S87°35'12"W, along the South Line of the Northeast Quarter of said Section 13, a distance of 50.00 feet, to the Point of Beginning; Thence continuing S87°35'12"W, 340.00 feet; Thence N01°30'01"W, 514.00 feet; Thence S87°35'12"W, 130.00 feet; Thence S86°39'07"W, 461.77 feet, to a Point on the East Line of Court Hill Addition, Part Twelve, in accordance with the Plat thereof Recorded in Plat Book 7, at Page 18, of the Records of Johnson County Recorder's Office; Thence N01°16'59"W, along said East Line, 576.72 feet, to a Point on the South Line of the Parcel conveyed by Warranty Deed, as Recorded in Book 1917, at Page 240, of the Records of the Johnson County Recorder's Office; Thence S73°02'15"E, along said South Line, 858.85 feet, to a Point on the West Line of Parcel "B" of "Ralston Creek South Property Acquisition" Plat of Survey, as recorded in Plat Book 19, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S27°38'05"E, along said West Line, 260.25 feet; Thence S01°30'01"E, along said West Line, 562.70 feet, to the Southwest Corner thereof, and the Point of Beginning. Said Tract of Land contains 12.48 Acres, and is subject to easements and restrictions of record. Passed and approved this 6th day of January , 20 15 . MAYOR Approved by 5c Page 2 / ATTEST: CITY CLERK City Attorney's Office It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: S-> PCD 4 Staff Reports 4 2014 4 VAC14-0001Terra Verderesolution ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ14-00020) ORDINANCE NO. 15-4605 AN ORDINANCE REZONING APPROXIMATELY 51.03 ACRES FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) TO INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP), RESEARCH DEVELOPMENT PARK (RDP) AND PLANNED DEVELOPMENT OVERLAY- HIGHWAY COMMERCIAL (OPD-CH1) LOCATED NORTH OF INTERSTATE 80 AND WEST OF HIGHWAY 1 (REZ14-00020) WHEREAS, the applicant, Steve Moss, filed with the City Clerk of Iowa City, Iowa, a rezoning application to adjust zoning boundaries within the proposed Moss Ridge Campus office research park to coincide with changes to the lot lines in a revised preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision; and WHEREAS, the area is currently zoned for office research park uses (RDP) and commercial services (OPD-CH1) to support the office park, with future phases of the office park zoned Interim Development- Research Park (ID -RP), pursuant to a 2012 rezoning that included a conditional zoning agreement requiring, among other things, the development of a master plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A office park, and review of all site plans by the Planning and Zoning Commission; WHEREAS, this requested rezoning maintains the same zoning districts, but merely shifts the boundaries to coincide with shifts in proposed lot lines shown on an amended preliminary plat, which was amended to reflect a refined stormwater management plan and change road patterns to better preserve sensitive environmental features in future phases of the development; and . WHEREAS, the Department of Neighborhood Development Services and the Public Works Department have examined the Sensitive Areas Development Plan, Preliminary Planned Development Plan, and recommend approval of this rezoning subject to the same conditions stated in the 2012 conditional rezoning agreement, except that the applicant has filed a master plan for the shared amenities, landscaping, stormwater facilities, and signage for the Class A office park, so Staff no longer recommends review and approval of each site plan by the Planning and Zoning Commission; and WHEREAS, these conditions ensure that the office park is developed in a cohesive and attractive manner typical of a high-quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the existing concept plan submitted for the OPD CH -1 zoned properties remains unchanged, and will be recorded with this conditional zoning agreement as part of the planned development plan; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan, and after due deliberation and consideration of the application materials and the staff recommendations, has recommended approval subject to certain conditions stated in the conditional zoning agreement; 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, Owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement 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: Ordinance No. 15-4605 Page 2 SECTION I. APPROVAL: 1. The approximately 35.23 acres of property legally described below, is hereby reclassified from Interim Development - Research Park (ID -RP) and Research Development Park (RDP) to Research Development Park (RDP): Legal Description: Part of the East half of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Beginning at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02006'54" E along the East line of the Southeast Quarter of said Section 35 a distance of 1242.63 feet; Thence S 90000'00" W a distance of 499.45 feet; Thence S 00°00'00" E a distance of 356.75 feet; Thence N 90000'00" W a distance of 603.58 feet; Thence N 00°00'00" E a distance of 33.00 feet; Thence N 90000'00" E a distance of 94.30 feet; Thence N 00000'00" E a distance of 395.48 feet; Thence N 53029'13" W a distance of 169.20 feet; Thence N 29033'23" W a distance of 303.41 feet; Thence N 13032'26 E a distance of 357.33 feet; Thence N 38°34'37" E a distance of 328.22 feet; Thence S 85035'58" E a distance of 181.16 feet; Thence Northeasterly a distance of 44.63 feet along the arc of a 383.00 foot radius curve concaved Easterly (chord bears N 07057'23" E a distance of 44.61 feet); Thence N 11017'41" E to the North line of said Southeast Quarter a distance of 161.18 feet; Thence N 88059'11" E along said North line to the Point of Beginning a distance of 741.94 feet. Said parcel contains 35.23 acres, subject to easements and restrictions of record. 2. The approximately 15.80 acres of property legally described below is hereby reclassified from Overlay Planned Development - Highway Commercial (OPD -CH -1) and Research Development Park (RDP) to Overlay Planned Development - Highway Commercial (OPD -CH - 1) with the certain additional land uses allowed according to the a conditional zoning agreement approved herein. Legal Description: Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 02°06'54" E along the East line of the Southeast Quarter of said Section 35 to the Point of Beginning a distance of 1242.63 feet; Thence continuing along said East Line S 02006'54" E to the Northerly Right -of -Way of Interstate Highway 80 a distance of 737.90 feet; Thence S 81004'07" W along said Northerly Right -of - Way a distance of 646.23 feet; Thence N 89031'13" W along said Northerly Right -of -Way a distance of 491.88 feet; Thence N 00°00'00" E a distance of 476.86 feet; Thence N 90°00'00" E a distance of 603.58 feet; Thence N 00000'00" E a distance of 356.75 feet; Thence N 90000'00" E to said East Line and Point of Beginning a distance of 499.45 feet. Said parcel contains 15.80 acres, subject to easement and restriction of record. 3. The approximately 10.98 acres of property legally described below is hereby reclassified from Interim Development - Research Park (ID -RP) and Research Development Park (RDP) to Interim Development - Research Park (ID -RP). Legal Description: Part of the East half of the Southeast Quarter of Section35, Township 80 North, Range 6 West of the 5th P.M. lying North of the Northerly Right -of -Way line of Interstate Highway 80, Johnson County, Iowa, more particularly described as follows: Commencing at the East Quarter corner of Section 35, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa; Thence S 88°59'11" W along the North line of the Southeast Quarter of said Section 35 to the Point of beginning a distance of 741.94; Thence S 11017'41" W a distance of 161.18 feet; Thence Southwesterly a distance of 44.63 feet along the arc of a 383.00 foot radius curve concaved Easterly (chord bears S 07°57'23" W a distance of 44.61 feet); Thence N 85035'58" W a distance of 181.16 feet; Thence S 38°34'37" W a Ordinance No. 15-4605 Page 3 distance of 328.22 feet; Thence S 13032'26" W a distance of 357.33 feet; Thence S 29°33'23" E a distance of 303.41 feet; Thence S 53°29'13" E a distance of 169.20 feet; Thence S 00°00'00" E a distance of 395.48 feet; Thence S 90000'00" W a distance of 94.30; Thence S 00000'00" E to the Northerly Right -of -Way of Interstate Highway 80 a distance of 509.86 feet; Thence N 89031'13" W along said Northerly Right -of -Way to the West line of the East half of said Southeast Quarter a distance of 188.54 feet; Thence N 02008'49" W along said West line of the East half to said North line of the Southeast Quarter a distance of 2051.86 feet; Thence N 88°59'11" E along said North line of the Southeast Quarter to the Point of Beginning a distance of 580.83 feet. Said parcel contains 10.98 acres, subject to easements and restrictions of record. SECTION II. 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 III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION 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, the associated conditional zoning agreement, planned development plan, sensitive areas development plan, and concept plan for Moss Office Park and to record the same at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. 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 6th day of January , 2015.. MAYOR r ATTEST: /tom CITY CLERK Apfoved9 by & City Attorney's Office Ordinance No. 15-4605 Page 4 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration Vote for passage: Second Consideration 12/16/2014 Votefor passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 01/1 Moved by Mims, seconded by Payne, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the ordinance be voted upon for second consideration at this time. Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ12-00005 & REZ12-00006) THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Moss Farms, Inc., Stephen A. Moss and David G. Moss (hereinafter collectively referred to as "Owner"). WHEREAS, Owner is the legal title holder of approximately 172 acres of property located northwest of the interchange of State Highway 1 with Interstate 80; and WHEREAS, Owner has requested to adjust the zoning boundary lines for approximately 15.8 acres to Planned Development — Highway Commercial (OPD -CH -1), 35.23 acres of Research Development Park (RDP), and 120.85 acres of Interim Development — Research Park (ID -RP); and WHEREAS, a planned development overlay zone allows flexibility in the design, placement and clustering of buildings, mixture of uses and related site and design considerations; and WHEREAS, the OPD CH -1 rezoning is appropriate to allow for certain retail services to support office park uses not otherwise allowed within the CH -1, particularly given the proximity to the 1-80 and Highway 1 interchange; and WHEREAS, it is in the interests of the City and the developer that the commercial component of this development be integrated with the other uses allowed in the office park, Owner has agreed to certain conditions to ensure that the office park and the support commercial is developed in a cohesive and attractive manner typical of a high-quality office park and said conditions shall be recorded as a conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has determined that with appropriate conditions regarding landscaping, signage, building location, design and materials that ensure that the office park and the support retail area are developed to the quality expected for a Class A Office Park, that the requested zoning and the various requested modifications to the zoning are consistent with the Comprehensive Plan goals of environmental stewardship and expansion of quality job opportunities within the community; and WHEREAS, the Planning and Zoning Commission recommends that the concept plan submitted for the OPD -CH -1 zoned properties should be recorded as a part of the planned development plan and all individual site plans for all lots within the office park comply with said concept plan and the conditions contained in this conditional zoning agreement in order to ensure that the office park and associated support retail area is developed in a cohesive and quality manner overtime; 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows A PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 6 WEST OF THE 5TH P.M., IOWA CITY, JOHNSON COUNTY, IOWA, AND LOT 4, LOT 5, LOT 10, THE SOUTH 9 ACRES OF LOT 6, AND THE SOUTH 12.5 ACRES OF LOT 8 OF A SUBDIVISION OF THE NORTHEAST QUARTER OF SAID SECTION 35 (PLAT RECORDED IN PLAT BOOK 1, PAGE 11 AT THE JOHNSON COUNTY RECORDER'S OFFICE) ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 2007' EAST 1980.6 FEET ALONG THE EAST OF SAID SOUTHEAST QUARTER (ASSUMED BEARING FOR THIS DESCRIPTION ONLY) TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE NO. 80; THENCE SOUTH 81004' WEST 646.2 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTH 89031' WEST 1731.77 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE EAST 63.75 ACRES OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 35; THENCE NORTH 2°15' WEST 2023.7 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID LOT 8; THENCE SOUTH 88058' WEST 124.5 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8; THENCE NORTH 2008' WEST 1056.0 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 12.5 ACRES OF SAID LOT 8; THENCE NORTH 88058' EAST 2504.49 FEET ALONG SAID NORTH LINE AND ALONG THE NORTH LINE OF THE SOUTH 9 ACRES OF SAID LOT 6 AND ALONG THE NORTH LINE OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 1057' EAST 1056.0 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING AND CONTAINING 171.88 ACRES MORE OR LESS. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Sensitive Areas Development Plan, and that the conditions imposed upon the property are reasonable and designed to satisfy public needs caused by the requested zoning change. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable 2 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 shall comply with the zoning ordinance, as well as the following conditions: 1) A comprehensive landscape plan for the above-described property shall be submitted and be approved by the Director of Neighborhood Development Services or designee prior to approval of the final plat for the first phase of development of the above-described property. This plan shall address location of and the general concept for stormwater facilities and illustrate the shared amenities or features of the park, including any trail system, entranceway signage or similar features. The plan shall be detailed for the area designated as phase one of the development. The landscaping plan for any outlot may be conceptual in nature, but should take into account and be complementary to the sensitive environmental features of the site, including the stream corridors, woodlands, slopes, wetlands, and similar topographic and geographic features. This plan does not need to include landscaping details for individual lots, but rather it should convey the overall character of the shared open space and amenities proposed for the office park and support retail area. 2) Prior to final plat of any development phase, a master sign plan shall be submitted to and approved by the Director of Neighborhood Development Services or designee, indicating potential locations and design concept for common signage for the office park, which may include on -premise and off -premise signage for the office park, such as entranceway signage, directional signage, development signs, identification signage, masonry wall signs, monuments signs, and interstate signs. The design of all common signage for the development should have a consistent theme and be constructed of similar quality materials and lettering. 3) For the area zoned OPD -CH -1, the following additional allowances, standards and restrictions apply: a. No more than two drive-through facilities shall be allowed by special exception. Drive-throughs shall comply with the special exception approval criteria applicable in the CC -2 Zone, as set forth in the Iowa City Code of Ordinances. Accessory outdoor display and storage is allowed only in accordance with the commercial site development standards that apply in the CC -2 Zone. b. The commercial buildings should be the prominent feature as viewed from the public streets within the development. To that end, each principal commercial building shall have at least one main building entrance oriented toward the street. Parking areas shall be located largely to the side or rear of buildings, however a maximum of one double -sided parking aisle may be located between the building and the street, except for lots with multiple frontages, for which only one frontage needs to meet this standard. c. Parking areas must be setback at least 50 feet from the Interstate 80 right-of- way and this setback area must be landscaped with trees, shrubs and ground cover consistent with the comprehensive landscaping plan for the office park. d. Land uses are restricted to those allowed in the Highway Commercial (CH -1) Zone, plus the following additional uses: i. Sales -oriented and Personal Service -Oriented Retail Uses up to a maximum of 50,000 square feet per lot; ii. General Animal -Related Commercial Uses; and iii. Specialized Educational Facilities, all as defined in the Iowa City Code of Ordinances. 4) Site plans for development of every lot shall be reviewed and approved by the City according to the following standards prior to issuance of a building permit for the subject lot: a. Landscaping Standards i. On lots zoned RDP, the total ground area devoted to open space for natural landscape and landscape beautification shall be not less than 35% of the total land area shown on the site plan. Such open space shall be free of all drives, parking areas, structures, buildings, and other permanent improvements, except for those walkways, monuments, ornamental structures, and other features considered to be necessary but essential to the central landscape theme. ii. Stormwater facilities shall be designed as an integral part of the landscaping plan. iii. Building and parking area placement and provision of open space shall take into account and respond sensitively to the topography and environmental features on the site to the extent possible and as required according to the approved sensitive areas development plan. iv. Parking areas, loading ramps, utility areas, and similar vehicular use areas shall be effectively screened from public view. Screening shall be accomplished through the design incorporation of landscaping such as planting screens using both deciduous and evergreen tree and shrub species, the combination of which have year-round effectiveness; topography such as the natural or manmade grade differences; structural additions such as permanent walls; or other equally permanent and effective screening innovations. Any one or combination of screening methods may be used providing, however, the net result shall be complementary to the central landscape theme as well as effectively accomplish the concealment of the area in question. v. Parking shall be set back a minimum of 20 feet from City street rights- of-way, 50 feet from the Interstate 80 right-of-way, and 10 feet from all other property lines and from common drives external to a parking area, except in the case of abutting parking lots for which cross - access has been established over the parking areas, which may be constructed as seamless paving across the property line. b. Building Material Standards i. Building facades shall be predominantly constructed of high quality exterior building materials, including window systems, brick, masonry, stone, stucco, colored and burnished concrete masonry units, architectural pre -cast panels, and architectural metal panels. Concrete panels with a veneer of brick or masonry may be approved provided the material gives the appearance of one or more of the high quality building materials listed above. Predominately is defined as at least 75 percent of the exterior of the entire building, but not necessarily of each building wall. Use of high quality building materials should be concentrated along building walls that are visible from public streets and public areas or that contain public entrances. 13 ii. Other lower quality or less durable exterior building materials, such as smooth -faced concrete block, unadorned tilt -up concrete panels, and EIFS do not qualify as quality building materials and should be limited. In no case shall EIFS be used within the first 8 feet above grade. Lower quality metal siding, such as that used for metal pole buildings, is not allowed. iii. Material and color changes should generally occur at a change of plane and at an inside corner. Material or color changes at the outside corners of structures that give the impression of veneer or artificiality of the material are not allowed. c. Building Articulation and Fenestration Standards i. Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive appearance to the building. Building facades shall be articulated by using color, window arrangement, change in materials, and change in plane to vary the height, depth, or direction of exterior walls. Stretches of blank wall with no windows or other architectural features are discouraged, particularly along building walls that are within public view, as defined by the Iowa City Code of Ordinances. ii. Rear and side facades that are visible from streets, pedestrian walkways, or shared open spaces shall have the same type of materials and detailing found on the principal facades of the building. iii. Whenever practical, the heights of walls, cornice or parapet lines should match or be complementary to those of neighboring buildings. Design linkages are required through the placement of window lines, belt courses, and other horizontal elements in a pattern that reflects similar elements or other horizontal lines in neighboring buildings. Windows should be recessed or otherwise set apart from the building's principal fagade to provide horizontal lines and vertical rhythm to the building. Building design should be compatible and harmonious with neighboring buildings, but variety is also encouraged to prevent monotony. iv. Building awnings or canopies that provide a generally consistent cover along pedestrian walkways are encouraged. A functional awning or canopy (minimum 6 feet in depth) is required at entranceways on retail buildings. Arcades may also be used to provide weather protection for pedestrians. v. Transparent entries and large ground -level storefront windows are required along street -facing facades of all retail buildings (not including banks or hotels/motels). To meet this standard a minimum of 50% of the street -facing building fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of transparent (no more than 10% daylight reduction) windows and doors. Such windows and doors must be vertically-oriented in a standard, mainstreet storefront configuration that allow views into the interior space or be designed as storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. While banks, hotels and motels are not required to meet this standard, transparent entries, and generous fenestration along street -facing facades is encouraged consistent with the intended use of the building. d. Signage Standards i. Wall Signs: All signage constructed as wall signs on building fascia within the development shall incorporate aesthetic features compatible with the overall character of the development. All wall signs will be composed of solid individual letters attached to the building fascia, or individual letters of anodized aluminum, galvanized metal, or illuminated, self-contained translucent plastic faces set in anodized aluminum returns and trim. Logos shall generally be constructed in the same manner as individual letters including contouring to follow the shape of the logo. In situations in which the logo cannot be contoured, a panel sign may be allowed if the panel is sized and constructed in a manner that minimizes the overall sign size and limits the portion illuminated to just the logo. ii. Freestanding pole signs, including tall interstate pole signs, are not allowed. However, one common wide -based freestanding sign is allowed along the interstate frontage to serve lots 4, 5, 6, and 7. Up to one additional common, wide -based freestanding sign is allowed along the interstate frontage to provide identification for other uses within the larger office park. Said interstate signs shall not exceed 30 feet in height or 12 feet in width and shall be designed in a manner that is consistent with the design of other signs within the office park. Said interstate signs shall be setback a minimum of 20 feet from the interstate right-of-way but shall be located within the first 100 feet of lot depth as measured from the interstate right-of-way. The maximum copy area of each sign face on an interstate sign shall not exceed 200 square feet. The sign may be double-faced for a total of 400 square feet. The name of the development shall be indicated within the top one-fourth of the sign copy area. The maximum letter height for tenant identification copy on the sign shall be eighteen (18) inches. iii. Monument signs shall be allowed on each lot according to the approved sign plan for the development. Monument signs may exceed the maximum height specified in the Iowa City Zoning Code, but in no case shall a monument sign exceed 8 feet in height. iv. One of the following sign types, as defined in the Iowa City Code of Ordinances, is allowed at the entrance to the office park near the intersection of Moss Ridge Road and Highway 1 and one additional of said sign types is allowed near the intersection of Moss Ridge Road and the east property line of the property legally described above: Development Sign; Entranceway Sign; or Masonry Wall Sign(s). The location and design of these signs shall be identified in the Master Sign Plan that is approved prior to final plat of any part of the above- described property. The signs shall be identification signs for the entire office park and shall not provide identification for individual tenants or businesses within the office park. The sign shall be in conformance with the specifications set forth in Table 513-5 of the Iowa City Zoning Code, regardless of the zone in which the sign is located. Additional locations for similar entranceway signage may be allowed near the intersections with Oakdale Boulevard and/or in locations where other public streets enter the office park development from an abutting property that is not within the development. Specific entranceway sign locations for future phases of the office park shall be determined at the time of final plat for the respective future phase. v. On or off -premise directional signage may be allowed according to the master sign plan. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment shall 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. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 6th day of January , 201 5. CITY OF IOWA CITY OWNER By: ro? i:& `/+ Matthew J. Hayek Mayor Attest:lj� ��e�� t� •a� Marian K. Karr, City Clerk A' Lroved1,,,,,,,,,1 City Attorney's Office A. Moss, individually and as t of MAss,19arms,.lnc. G. Moss Sonya . S. "ss, Jpouse oT Jtepnen A. MOSS Je(Ket A. Moss, Spouse of David G. Moss CITY's ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 64"lt- day of 201 , before me, the undersigned, a notary public in and for the State of Iowa, pers n Ily appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 's aiar ICELLIE K. TUTI LE i l / c K /u rl C� pd� }. Commission ivumber 221819 e. -r° rt2 it 1 � [Ay Co n issl n Expires Notary Public in and for the State of Iowa OWNERS' ACKNOWLEDGEMENTS STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this i(0 day of �WA, WV , 2014, before me, a Notary Public in and for the State of Iowa, personally appeared Stephen A. Moss, to me personally known, who, being by me duly sworn, did say that he is the President of MOSS FARMS, INC., the corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Stephen A. Moss, as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. I( r-7:7- %0 7: $ �� r Commission Number 727030 P; My mission Pires Notary Pyblic in nd for the State of Iowa `i , STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1Sk day of )�(! uy\k-✓ , 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stephen A. Moss and Sonya S. Moss, individually, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. taIPtBER!Yfd.P110ELLEt� ,ut��r✓ � I�"��'��I% z1 `� Commission Number 72'1030 Notary Pub is in and for the State of Iowa i� Pf� i m e 1I Pire$ a ;a H STATE OF COLORADO ) ss: COUNTY OF BOULDER ) On this & day of � (aVcmb-L , 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared David G. Moss and Janet A. Moss to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Development Item SUB14-00019: Discussion of an application submitted by Moss Farms/Stephen A Moss for a preliminary plat of Moss Ridge Campus, a 9 -lot, 4-outlot commercial subdivision located west of 2510 N. Dodge Street and north of Interstate 80 . NDS NU:^i0.Ylp IIOOU L-5E)UROAIED .� --_Lec/:SEIUFOATEO Previous Preliminary Plat \ v 24\,a9 RES - - - - h F (2012) q '.V JRBAN RENEW ARE ANDA Coll -..F^sFH; 1HATMnLL A4VflE 5VFFIC INECIITPORTNE.DALEIFICOF RUcigNOP PERMMOALN16COn .,L !NECESSARY PfflMI15 FflOM _ FJ OLNULSSUCN AIFONAND SOI- JFTMN$POPIAIION ANU IHL UL 1RCF5 - ggpIO CREEK ��CENTERL NE IDE // I LL INFIF iVED FORF L- OP FINAMM_�� -F LUIrvrvING ROCgVpv LMRS r / xE e R E rc-. --� _ OOTLOTB _� 1 I y I ¢ I F r N �IiPAv iP ER — — J, L 11H IRF I 5 il0 i E /- ,e � s may. LST : L01\f9 1 ' OI 9. ,'i HE. N LOI 5l 30'12 . t 1H 1 gE ET - - PNF - ,t IOT4' I OT 4 1045 i t T <a9Es r NE':.. 4' LOT 19 II — _ u 1 1 _JTN LOT21JT v 1. __� .LOTS' / v LO 319 AOVES _ A r, L0 -'E E .Lf�OjJdL�'W!i iTl v ^6n � 0 "s1 r3 0 `gyp jIIP1d1 )�"trryt WEE— ............ R � 1 nFl i iit t W s W RAPID CREEK FLOODWAY MITIGATED WETLAND HABITAT WOODLAND LOT 1 ws RAPID CREEK ® f ® LOT STREET TREES 60' ON CENTER © PHASE MOSS t ® RIDGE CAMPUS 3 LARGE COMMUNITY ® AMENITY LOTS LOT POND AT MOSS n. w� IDGE CAMPUS COMMUNITY AMENITY WT1 LOT Lois ROUNDABOUT T -80 COMMERCIAL DEVELOPMENT HASE II MOSS RIDGE CAMPUS os mGE i N RE u OJiLOTA R PAPS RE2y Identify Conservation / �,. RESER SOUNDAR Areas for wetland, r Tf mitigation and bat habitat — i LOT 1 Eliminate east -west street 77� Refine Stormwater � L Management-; ''i LOT �. - LOT ; Eliminate OUT LOTB�.' - cul-de-sac, LOT^3 but reserve outlot for I' future LOT 8 LOT 4 .. LOT 5 j LOT LOT s 5e Prepared by: Karen Howard, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 (SUB14-00020) RESOLUTION NO. 15-8 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS RIDGE CAMPUS, IOWA CITY, IOWA. WHEREAS, the owner, Moss Farms, Inc., Stephen A. Moss and David G. Moss, filed with the City Clerk, an application for approval of the preliminary plat of Moss Ridge Campus, Iowa City, Iowa; and WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA THAT: The preliminary plat of Moss Ridge Campus, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 6th day of January 2015. ," App�ovedpQby ATTEST: ///lLc��sUs� ,�. �L �J/Jat a /�.Q2.�if / C TY LERK City Attorney's Office It was moved by rums and seconded by Payne the Resolution 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 s\pcd\preliminary plat - resolution 2014 moss ridge campus.doc 5�1 iF P P CGO F 44F SJ3�^^ I z� tl bdC a AA R.a € $ &ik"1:3fisgi m S -- � q� mm ee R ��.3E — � �s � 3¢ gp� v i •i s g Hill c � �•� f �gsgeE� pC� ' g 85pp4d�y // p������ !� 1�_.._... • _ 1, '� �E, €i � � a�i � 5� ?spm �` m z`�•���':� .g jig nay °S Nv" g s? 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I ^ N Dm�m m�mg R �zZn D �j ry ymAmD Di - C � bN Z HF m � O 9 R O a 3 a2. . g ii T W m r r � IR I\ V < > n Cl) I O 0 N oA G1 ic m �u Dm— n � D 'mss m v m m m m m C V 1 m a 3 a2. . g ii T W m r r < > n Cl) I M � Z v m p 'fl 3 m � n N m� n J 9 ) | 72. ) !(|§f j E } � 0 \; - - ( |§{3 en/ -- z \ �§ 77 § | z n J 9 ) | 72. ) !(|§f j E } � \; - - ( |§{3 en/ ; z 77 ' .;� Iw �IhN.M•xWV�M �\r:[WMWr h.>OlFlaa:>ieACM�I Iaa�n�oQtiTMnnr�oVluw-ua.uals4nat>wu rvY>nVaaSrnVV�rn�MIG\�m[/.Gs wMMlw-alwn anV:�c�T�U�n>�eNFI�-a1.MSMf1 D I I - l moi\ I 1 n,. � ➢�^�/ � ��/ �l; l .' -`(Q� �i �, Ali � I•�\ GG . Ali(fNAIRqtr/ Iil�1 € lu� �pII All WONi uall ���-� p- �.�.��►��►4=per �:�-� 1 ----------- i / 5 C)m mcn A 0 a ai �Tlj r o n n O m �p�p �{ c x �Y =fit Development Item SUB14-00022: Discussion of an application submitted by Build to Suit Inc. for a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway. Scale: 1"=500' CITY OF 10WA CITY o , it -, P, fid- 1 i O ¢� .w lip d r -s' I } Si VAWX tN n SITE LOCATION: Cl iurchill Meadows SUB14-00022 1,11;4 cowo I \ Im= PRELIMINARY PLAT w� __� CHURCHILL MEADOWS LOTI 4af,�,- oX 1 ` -x mR "- _'.;: IOWA CITY, IOWA M r�I i 1 _. ��a® eo reemeu axwxmar crew .' wwvucuwwr memr.wwr 4q �yat e • r . V 14 a1 a s s�2 m T -- S_ 1� L.. W —�— i 4 i:.L: Y: , •, Z S d0 il. � 9 ( P171PAN. 'PIAT ry 1 s e= r m q 1 .r jy I - T. a s Z pN9CF�r X682 �+6 I�i'1 M�i Prepared by: Robert Min, Senior Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5240 (SUB14-00022) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHURCHILL MEADOWS, IOWA CITY, IOWA. WHEREAS, the owner, AGRD Green Bay LLC, filed with the City Clerk, an application for approval of the preliminary plat of Churchill Meadows, Iowa City, Iowa; and WHEREAS, the Department of Neighborhood and Development Services and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Churchill Meadows, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 6 day of January, 2015. MAYOR Approved by ATTEST: �771CLc'y�v��til� tA�-�k�� CITY CLERK City Attorney's Office Al(`) /I y It was moved by trims and seconded by Payne the Resolution 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 slpc&preliminary plat - resolution.doc STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUB14-00022 Churchill Meadows Date: December 18, 2014 GENERAL INFORMATION: Applicant: Build to Suit PO Box 5462 Coralville, IA 52241 benl@buildtosuit.com 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 Preliminary plat approval To allow residential development including single family lots and multifamily buildings. 4701 Herbert Hoover Highway 39.6 acres Pending rezoning to Low Density Single Family Residential (RS -5) and Low Density Multifamily Residential (RM -12) North: Residential and agricultural — County Residential (R) South: St. Patrick Church and agricultural — RS -5 and County Residential (R) East: Residential and agricultural - CountyResidential (R) West: Agricultural - County Residential (RMF) November 13, 2014 December 27, 2014 The applicant, Build to Suit Inc., has requested approval of a preliminary plat of Churchill Meadows, a 39.6 acre, 96 -lot residential subdivision located south of Herbert Hoover Highway. This property was annexed into Iowa City in June, 2014 and zoned Interim Development Single - Family Residential (ID -RS). A rezoning to Low Density Single Family Residential (RS -5) for 32.34 acres and Low Density Multifamily (RM -12) for 7.26 acres is currently pending. It is anticipated that the City Council will approve the final reading of the rezoning ordinance on December 16. The rezoning is subject to a Conditional Zoning Agreement requiring: 1 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. C. Development of the RM -12 zoned property shall be in substantial compliance with the concept plan 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. The applicant has chosen not to use the Good Neighbor Policy. ANALYSIS: Compliance with Comprehensive Plan and Zoning Code: 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 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: *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. eStreets should enhance neighborhood quality. Alleys may be used to provide access and parking while minimizing paving and extensive curb cuts in front of residences. •Encourage 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. In staff's opinion the subdivision design is in compliance with the Comprehensive Plan and zoning requirements. The preliminary plat shows a diversity of housing including single family lots in a range of sizes, with the attached zero -lot line single family dwellings on lot 8 & 9, 40 to 44, 77 & 78 and 94 & 95. In addition to the zero -lot line dwellings, the zoning code allows either single family or duplex structures on lots 79, 84 and 93. Lots 2 to 4 and 12 to 15 are narrower and smaller single family lots with vehicular access from a rear lane (Section 14-2A-7 A. of the zoning code provides a bonus in the RS -5 zone that allows lots with alley access to be as narrow as 50 feet and as small as 6,000 square feet). Lots 1, 10 and 11 are designed for townhouse style multi -family buildings in accordance with Conditional Zoning Agreement. 3 Compliance with Subdivision Code: To provide multiple travel routes within and between neighborhoods the Subdivision Code requires that block faces along local and collector streets should range between 300 and 600 feet. Longer block faces may be allowed in cases where topography, water features, or existing development prevents shorter block lengths, although mid -block pedestrian connections may be required. With the exception of the east side of Thunder Gulch Road between lost 42 and 51, all block lengths are less than 600 feet and length. This subdivision design provides for street connectivity with at least two streets providing connections to the adjacent properties to the west, south and east. Two streets also provide access to Herbert Hoover Highway. In the one location along Thunder Gulch Road, where block length exceeds 600 feet, Outllot B provides for a pedestrian connection to the east where the Northeast District concept plan shows the potential for a linear park along the stream corridor. The area to the east also contains a stormwater management easement that minimizes development potential if the a street were to be extended in this area. In staff's view this complies with the exception for block length proved for in the Subdivision Code. Staff would however recommend that Outlot B be labeled as "Reserved for future right-of- way/access" in the event that is necessary to provide access to the park or the property to the east. Neighborhood Open Space: Outlots A and C will provide for a sizable amount of open space (to be maintained by a homeowners association) in the center of the subdivision, with Outlot A also serving as a stormwater management area. The Northeast District Plan shows a greenway along the stream corridor located to the east of this property that is intended to serve as public open space for the larger neighborhood. Therefore this design appears to comply with the Northeast District Plan's policy regarding open space. A subdivision of this size requires the dedication of 1.17 acres of neighborhood open space or fees in lieu of. The Parks and Recreation Department has determined that given the quality of the Outlots A and C (much of which is designated for stormwater management), fees are appropriate in lieu of neighborhood open space dedication. The fee will be equivalent to the value of 1.17 acres of property. This requirement will need to be addressed the legal papers for the final plat. 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. 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. 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 final platted. Environmentally Sensitive Areas: There is a drainage way in the center of the property with a stand of trees; however there are no regulated slopes or other areas regulated by the Sensitive Areas Ordinance. The preliminary plat shows much of the drainage way being set aside as Outlots A and C for open space and stormwater management to be maintained by a homeowners association. Storm water management: As noted stormwater management facilities will be provided in Outlot A. A revised plat and grading plan was received on December 12. The City Engineer has not completed the review of the plat and may identify corrections that will be needed prior to approval. Sanitary Sewer Service: 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 4 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 a gravity flow sewer will be constructed across the Miller property located to the south east to connect to the trunk located in Stonebridge Estates south of Lower West Branch Road. This would eliminate the need for the lift station. The City Engineer is currently reviewing the location of the lift station sewer lines in the southeast corner of the property, and anticipates completing the review prior to the December 18 Planning and Zoning Commission meeting. Infrastructure fees: In addition to fees for the future upgrade of Herbert Hoover Highway and Neighborhood Open Space Fees, water main extension fees of $415 per acre will be required at time of final plat approval. STAFF RECOMMENDATION: Staff recommends approval of SUB14-00022, a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway subject to review and approval by the City Engineer. ATTACHMENT: 1. Location Map 2. Preliminary plat Approved by: John Yapp, Develodment"Services Coordinator Department of Neighborhood and Development Services ppdadm iMstfrep\template. doc Ln � � O O A ir f E W 6 Cd a r 3 x i 0 x r— LO m l ui ui y �Q SAN VH LO a a. CL 0 � 0 � a { N Z 0 Q) 0 0 s � Z T i WE a - 0O ♦ ♦co Q o ' Q V O THORNBURY VE � � J �, a m WO_ �^� I 4 { t) i ! +;>S ::$' ;:'g.: ;a`� E `'s y .a�.�•.. E9 ? !A9 r,.,' M a 'Ia j( go `7—� C ���y" r �"� it �� � {�F _'•�.� j 1 - — � i. I E? a k a t G oma Hggdp._ ..m il§? E # Gid fsy! G� '°t : S fiat L a LOT e HAMM. FOR siK O �z s y fF c �; s N= 1 - E;; I IFeEA k' s y fF 9 0� E� f � FB�f£�F•re�� �; �m�; ��F FD m � 1 E;; I IFeEA k' D o 6� � � A g�.■ I soft a6�. 35�.� AE gog £�9 �?�s LJ s dNmu 9 s aEe �m�; ��F FD m � z.�84l�g o r E E P A6 LJ s dNmu Planning and Zoning Commission December 18, 2014 - Formal Page 21 of 24 A vote was taken and motion carried 6-0 (Freerks absent for vote). Development Item (SUB14-00022) Discussion of an application submitted by Build to Suit Inc. for a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway. Miklo stated this this property was annexed into Iowa City in June, 2014 and rezoned to Low Density Single Family Residential (RS -5) for 32.34 acres and Low Density Multifamily (RM -12) for 7.26 acres. Tonight before the Commission is the preliminary plat which includes three multi -family lots along Herbert Hoover Highway, some smaller single family lots that will have alley access and then the majority of the remainder of the land would be single family units, with some being attached units at the corner lots. Staff reviewed the plat for compliance with the subdivision regulations, conditional zoning agreement, zoning ordinance and the Comprehensive Plan and found it meets all those with one exception. One area does exceed the 600 foot block length requirement in the subdivision code but staff agreed it is an acceptable waiver because there is a stream corridor that runs through the area to the east and the county subdivision next to this area has a large storm water easement which would result in no development the area to the east. Staff is recommending that the outlot be retained as a potential future right -a -way or access to the east as it is planned to be park land. Staff believes this subdivision has good street connectivity with access in three locations to the west, two to the east, two to the south, and two to the north. The developer has maintained some open space in the center of the development, which will also be used for stormwater management. This design follows the district plan which states open areas should be included in subdivisions. 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. There is a possibility that in the future a gravity flow sewer will be constructed across the property located to the south east to connect to the trunk located in Stonebridge Estates south of Lower West Branch Road. This would eliminate the need for the lift station. There is also a pedestrian connection back to the city via Herbert Hoover Highway. A revised plat has been submitted and the City Engineer has reviewed it and signed off on it. Therefore Staff recommends approval of SUB14-00022, a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway. Eastham asked about Outlot A and Outlot C don't appear to have any trail access, is that something Staff considered. Miklo stated it was thought of as a possibility but due to the number of sidewalks in the area there is not a need for trail access. Eastham also questioned the stormwater drainage being to the southeast will cause water drainage into a future subdivision that may cause future flooding issues. Miklo stated that in discussions with the engineer they felt the water would be contained and not be an issue. Any future subdivisions would design their stormwater drainage in connection. Thomas asked if the open space in the center of the development qualifies as open space for the development. Miklo answered it would not. Miklo said because of the stormwater management facilities, the Parks and Recreation Department did not want to take that area. So fees will be paid in Planning and Zoning Commission December 18, 2014 - Formal Page 22 of 24 lieu of open space. Eastham asked then for confirmation that this subdivision will not have a city maintained park and Miklo confirmed that was true. Eastham opened public hearing. Jason Harder, representing Build to Suit, said they have worked closely with City Staff on over a dozen revisions of this plat working together to come up with the best solutions. There were no questions for the applicant. Martin moved approval of SUB14-00022, a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway. Thomas seconded the motion. Eastham commented he was happy to see a number of townhome and multi -family lots in this development and is delighted that Staff and the developer have worked together to also add in lots that could be used as duplexes throughout the subdivision. Eastham did share his concern for a need for paved access for persons with disabilities to open spaces within subdivisions. A vote was taken and motion carried 6-0 (Freerks was absent). Consideration of Meeting Minutes: November 20, 2014 Swygard moved to approve the minutes of November 20, 2014. Theobald seconded the motion. A vote was taken and motion carried 6-0. (Freerks was absent.) Planning & Zoning Information Cancellation of the January 1, 2015 meeting due to holiday. Adjournment Martin moved to adjourn, seconded by Theobald, a vote was taken and motion carried 6-0. (Freerks was absent) S RM 01-0 �iw ,®,, CITY OF IOWA CITY 6 MEMORANDUM Date: December 19, 2014 To: Tom Markus, City Manager From: Dennis Bockenstedt, Finance Director RE: Harrison Street Parking Garage - Lease/Purchase Agreement Financing Introduction This memorandum is the Finance Department recommendation for the selection of a financial institution to provide financing for the lease/purchase of a new multi-level parking facility in the Riverfront Crossings area along Harrison Street. History/Background The City has been in negotiations with A & M Development for a lease/purchase agreement for the construction of a parking facility that will be adjacent to the new Midwest One office building and a proposed 28 unit townhouse development and will be on Harrison Street between Clinton and Dubuque Streets. The Finance Department was tasked with finding a financial institution that would accept assignment of the lease and the City's promise to pay from the developer in exchange for funding the construction cost of the facility. Discussion of Solution On November 18, 2014, the Finance Department in conjunction with the City's financial advisor, Public Financial Management, the City's bond counsel, Ahlers & Cooney, PC, and the City Attorney's Office issued a Request For Proposals (RFP) to ten separate banks, underwriters, and financial institutions/brokers. The proposals were due to be submitted to the City Finance Department by 10am on December 9, 2014. In response to the RFP, the City received five proposals from institutions (JP Morgan, Capital One Public Funding, Midwest One Bank, D.A. Davidson & Company, and Piper Jaffray & Company.) Proposals were reviewed by the City Attorney, the City Finance Department, Ahlers & Cooney, P.C., and Public Financial Management. After reviewing the proposals for overall compliance with the RFP and estimated cost of financing, the proposal being recommended for acceptance was that submitted by Capital One Public Funding (COPF). Financial Impact The financial impact to the City is the issuance of a tax exempt lease with a principal balance of an estimated $15,305,000 (the estimated cost of the parking structure plus issuance costs.) The projected completion of the parking garage construction and subsequent issuance of the lease is August 1, 2016. Lease payments would begin in Fiscal Year 2017. The COPF proposal is for a 20 -year, fixed-rate lease/purchase. The rate will be determined upon the acceptance by the City of the parking garage improvements based upon a formula using the 10 -year LIBOR swap rate. The formula rate as of the date of the proposal was 3.96%. The financing requires no underwriting discounts or protective debt reserves, and COPF is responsible for their own legal and issuance costs. The City will pledge the net revenues from the City's Parking System along with the developer's interest in the Harrison Street parking facility as a guarantee for the financing. This will not be a general obligation of the City and will not be repaid or guaranteed with property taxes. The City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A MUNICIPAL PARKING SYSTEM REVENUE LEASE PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 FOR THE LEASE PURCHASE ACQUISITION OF THE HARRISON STREET PARKING FACILITY", and moved: ❑ that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock .M. on the day of , 2015, at this place. Council Member and the vote was, AYES: NAYS: seconded the motion. The roll was called Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A MUNICIPAL PARKING SYSTEM REVENUE LEASE PURCHASE AGREEMENT IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 FOR THE LEASE PURCHASE ACQUISITION OF THE HARRISON STREET PARKING FACILITY WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Municipal Parking System Revenue Lease Purchase Agreement in the principal amount of not to exceed $16,000,000, for the lease purchase acquisition of the Harrison Street Parking Facility, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Municipal Parking System Revenue Lease Purchase Agreement in the principal amount of not to exceed $16,000,000 to evidence the obligation thereof for the foregoing purpose. Section 2. The Mayor and Clerk are authorized and directed to proceed on behalf of the City with the negotiation of terms of a Municipal Parking System Revenue Lease Purchase Agreement, evidencing the City's obligations to a principal amount not to exceed $16,000,000 and otherwise to take all action necessary to permit the execution of a Municipal Parking System Revenue Lease Purchase Agreement on a basis favorable to the City. PASSED AND APPROVED this 6th day of January, 2015. ATTEST: City Clerk Mayor ME i r CITY OF IOWA CITY UNESCO CITY OF LITERATURE CITY OF IOWA CITY MEMORANDUM Date: December 31, 2014 To: Tom Markus, City Manager From: Jeff Davidson, Economic Development Coordinator Re: Sabin Townhomes development agreement 1( 116 Je(.9 On the City Council's January 6 meeting agenda they will be asked to consider a resolution approving a development agreement with A&M Development II, LLC for the construction of 28 townhouses on Dubuque Street in Riverfront Crossings. The townhouses will provide a liner fagade for a municipal parking facility we have planned for the site adjacent to the new MidWestOne Bank office building. The 28 townhouses include 3 units which will be sold to The Housing Fellowship or another affordable housing provider for families with incomes at or below 80% of Average Median Income for Johnson County. If a sale of the units is not possible, it will be the developer's responsibility to rent the units to income qualified persons. Following is the staff report to the City Council Economic Development Committee which explains the project in more detail. There is one minor change since the December 8 EDC meeting. The report states a $85,926 TIF increment will be used to rebate the financing gap of $976,277 over 11.4 years. We realized after the EDC meeting that we had not factored in that the 3 affordable units will be tax exempt. With this provision factored in, there is a $78,851 TIF increment which will take 12.4 years of rebates to fill the financial gap. Staff will be available at the January 6 City Council meeting to answer any questions. Cc: Wendy Ford r *�*,-:Ap, CITY 4F I®WA. CITY MEMORANDUM To: City Council Economic Development Committee From: Jeff Davidson, Economic Development Administrator Date: December 1, 2014 Re: Consider a request for financial assistance from A&M Development II, LLC for the Sabin Townhome project Mike Hahn, representing A&M Development II, LLC, is proposing a project consisting of 28 townhouses on Dubuque Street and Harrison Street in Riverfront Crossings. The townhouses are part of a larger master planned project consisting of the 6 story MidwestOne Bank office building currently under construction at the corner of Clinton and Dubuque (One Place at Riverfront Crossings), and a 610 space City of Iowa City parking facility. The townhouses will provide the east and south fagade of the parking facility. The 28 townhouses will be constructed as part of a condominium regime that includes the City parking facility. To enable the parking facility component to be built by the Developer as part of a single project the Iowa Code allows the City to enter into a lease/purchase agreement with the Developer. Staff anticipates this Agreement will be on the Council agenda in December/January along with the Development Agreement for TIF assistance if approved by EDC. The parking facility will be tax exempt. The residential townhouse units will be individually leased or owned. One Place at RFC will have a physical skywalk connection to the parking facility but is a separate property not included in the townhouse/parking facility condo regime. The townhouse/parking project will be constructed on the site of the former Sabin Elementary School, which is currently owned by the University of Iowa. There is an existing contractual arrangement between MidwestOne Bank and the University of Iowa which requires the University to demolish the Sabin Building when One Place at RFC is completed. A mitigation plan approved by the State Historic Preservation Office stipulates building artifacts which will be salvaged from the structure prior to demo. Following demolition, the property will be transferred to A&M Development II and the townhouse/parking facility project will commence. A&M plans to begin construction on August 15, 2015, complete the parking facility by August 1, 2016 and complete the townhouse units by Fall of 2016. The estimated cost of constructing the 28 townhouses is $6,986,549. The developer is requesting Tax Increment Financing rebates of $976,277 to fill a financial gap on the project. The City's financial analyst at the National Development Council has substantiated the financial gap on the project, summarized in the attached report. The developer's formal request for financial assistance is also attached. Background The townhouse project consists of 28 two bedroom townhomes of 1,135 SF (14 upper units) or 1,428 SF (14 lower units). Three units will be sold to the Iowa City Housing Fellowship for their affordable rental housing portfolio, and marketed to households meeting county median income guidelines. The 3 units are likely to be rented to households not exceeding 80% of county median income, which in Johnson County is $57,250 for a family of 3. The stacked two story townhouse model will introduce a new housing product to Riverfront Crossings. All of the units will have direct access via a backdoor to the City parking facility, and the City will make covered parking available to each unit at the market rate monthly fee. Each townhouse will have a street level entrance; there are no common hallways. Each unit will have outdoor space on every level in the form of a balcony or garden terrace. The National Development Council has reviewed the revenue and expense parameters of the proposed project and substantiated a $976,277 financial gap. The project financial parameters scrutinized in gap analysis are summarized in the attached NDC report. Bank financing of $3.3 million and developer equity of $2.1 million will provide nearly 80% of the project's financing, with TIF projected at 12% of the total. TIF rebates preferred The 2014 City of Iowa City Economic Development Policy states that for development projects seeking financial assistance, rebates, as opposed to cash up front, shall be highly preferable. The Sabin property has been in public ownership and has not generated any property tax revenue for at least 97 years. An annual TIF increment of $85,926 has been calculated for the townhomes project, which assumes the maximum allowable rollback for all of the units. The developer has agreed to an 11.4 year TIF rebate structure that will fund the $976,277 gap identified on the project. After this point the full property taxes will accrue to the taxing entities. The City Council Adopted Strategic Plan The Sabin Townhomes project aligns with three of the City Council's stated goals of being more inclusive and sustainable by building healthy neighborhoods, creating a strong urban core and fostering economic development. Healthy Neighborhoods The proposed townhouses are part of the Riverfront Crossings Central Crossings Subdistrict. This subdistrict is intended to introduce higher density housing options that will link the downtown and south downtown areas with the lower density portions of Riverfront Crossings including the Park District. Retail uses that support the residences in the area will be incorporated into mixed use buildings. Ralston Creek will be opened up and provide open space and a linkage to the riverfront park. Walkability will be promoted to a high degree. Creating a Strong Urban Core The project site is adjacent to downtown and walkable to east side employment and entertainment destinations. It is within a mile of the west side employment center with many transit options available. The 3 affordable housing units will help ensure residential options within the urban core for moderate income households. Economic Development Activities The project will create annual property tax generation estimated at $122,000 in year one. This compares favorably to the existing property tax generation of zero. Economic Development Policy The 2014 Economic Development Policies state: It shall be the policy of the City of Iowa City to use the City Council Strategic Plan as the basis for its economic development activities. Inherent in the plan is to attract new development including residential, commercial and industrial uses to grow the tax base. The 2014 Economic Development Policies establish minimum standards required of developers to be eligible for public financing. Developers must achieve at least some of the standards. The elements of this project meeting those standards include: • The project must have high quality architectural and site design. The proposed project is designed by Neumann Monson Architects of Iowa City. It is an innovative design which fully integrates the adjacent parking facility with no common hallway elements. • Projects must be energy efficient and offer sustainability features above and beyond the required building code. The townhomes will include high efficiency heating and cooling units for each condo unit, as well as low flow plumbing fixtures. The exterior cladding is a recycled by product of the rice milling industry. The adjacent parking structure will include photovoltaic units that will defray a portion of the electrical load of the facility. • If residential, projects must either provide a certain number of units for low/mod income persons or contribute to a fund for that purpose. The project will sell 3 of the units to the Iowa City Housing Fellowship to be made available to families at 80% of median income or below. Redevelop an underutilized or blighted property. The property currently contains an old elementary school building, the majority of which is vacant. A contractual obligation not related to this project will result in the site being made vacant. Developer equity must meet or exceed the financial request from the City. Developer equity is $2.2 million, over twice the financial request of the City. Developer equity and bank financing represents nearly 80% of total project costs. • Achieve public purposes as detailed in the Comprehensive Plan, Urban Renewal Area Plan, and City Council Strategic Plan. The project is consistent with the Riverfront Crossings Master Plan and Form Based Code, the City -University Urban Renewal Area Plan, and the City Council Strategic Plan. Summary A&M Development II LLC has requested City financial assistance in the amount of $976,277 to build a 28 unit townhouse structure which will be integrated into a 610 space City parking facility. It is part of a larger master planned development which includes the One Place at Riverfront Crossings office building. The total estimated construction expense of the entire development exceeds $30 million. The proposed project is consistent with the Riverfront Crossings Master Plan. The financial gap of $976,277 has been substantiated by the National Development Council and would be structured into a TIF rebate scheduled for 11.4 years. This represents 12% of the estimated project cost. At the end of the rebate period the full annual property tax amount estimated at $137,000 will accrue to the taxing entities. The property currently generates zero in property tax revenue. The proposed TIF expense is approximately the same as the estimated $1 million expense to construct a fagade on the parking facility if the townhouse project was not providing the parking ramp fagade. Recommendation Staff recommends approval of the City's financial participation in the form of TIF rebates, not to exceed $976,277. A&M Development il, LLC 1310 Highland Court, Iowa City, IA 52240 Phone: (319) 338-1125 City Council Economic Development Committee c/o Jeff Davidson, Economic Development Administrator 410 E. Washington Street, Iowa City, IA 52240 Phone: (319) 356-5232 Dear Jeff, I have enclosed information regarding the Sabin Townhome project for submission to the City Council Economic Development Committee. The cost of this project, at a minimum, is $6,986,549, which we are committed to spending. I would be pleased to answer any questions from you or the committee. We appreciate your consideration of financial assistance for this project. Sincerely, A&M Development II, LLC Mike Hahn 11/21/2014 SITE: The project site is located on the block northwest of the Prentiss Street and Dubuque Street intersection, and is located on the property to the west of the city alley on that block. The site houses the old Sabin Elementary School and MidWestOne's Home Mortgage Center. The property is current owned by the University of Iowa. s HARRISON STREET 1 I i t't r � Z C O Z n N D � r A r M { Harrison Street Parking facility Townhomc9 � as, It Q C C C O c On N m PRENTISS STREET O i. OnePlace at Riverfront Crossings t't r � Z C O Z n N D � r A r M { Harrison Street Parking facility Townhomc9 � as, It Q C C C O c On N m PRENTISS STREET O PROJECT: The Sabin Townhomes are an integral component of the first significant project in the newly rezoned Central Crossings subdistrict. The three part development will include a six -story office building, City - owned parking structure, and townhomes. MidWestOne Bank is currently constructing the office building, known as One Place at Riverfront Crossings, as the first piece of this development. This building will be the first office building in downtown Iowa City since Plaza Center One was built during Urban Renewal in the 1970's. The office building will house MidWestOne's Home Mortgage Center, a drive-thru bank, and their banking operations functions. The top two office floors will be left available as leasable tenant space to bring future business to the district. The office building and combined parking structure/townhome development will be linked by a skybridge which will span the alley between the two properties. The parking structure will be owned and maintained by the City of Iowa City and provide 610 parking spaces for public parking, townhome tenants, and office building employees. The townhome project consists of (28) 2 -bedroom townhomes, which were determined to be a desirable size for Iowa City's market demands. Three of these units will be sold to the city of Iowa City and set aside as affordable housing properties. The residential units will serve as liner buildings on the east and south edges of the parking structure. All townhomes will have direct access to the parking garage. Uses and Net Square Foot approximations: Lower Level Condo Units (14 total): 1,135 SF Upper Level Condo Units (14 total): 1,428 SF Parking Garage Parking Spaces (610 total): 191,848 SF Maintenance Area: 1,884 SF This application is for the townhome portion of the development only. DEVELOPER A&M Development II is jointly owned between Allen Morelock and Mike Hahn. Their team has developed multiple projects in the Iowa City/Coralville/North Liberty market. A&M has recent experience with projects of this type where all components of the building are privately -owned under a shared condominium agreement and portions of the building are owned and operated by a public entity. One example of this model is Plaza on Fifth in Coralville, Iowa. The project consists of a 6 -story building with underground parking, first level commercial space, a performing arts center, two levels of Class A office space, and three levels of upscale condominiums. The city of Coralville owns and maintains the performing arts center component as well as the parking component. Mike Hahn and Allen Morelock also own McComas-Lacina Construction who has served as the General Contractor for multiple City projects, as well as similar private developments in the area. McComas-Lacina will also serve as the General Contractor for the Sabin Townhomes and the adjacent parking structure. McComas-Lacina has built several concrete parking structures similar to this one for both the City of Iowa City, and the University of Iowa. The Sabin Townhomes are targeting a market of young professionals in the area looking to be closer to downtown and their places of employment. Three condo units will be set aside for the City as affordable housing property. All units will be up for rent or sale, letting the market determine what the current needs are. ell} s - r s - TOWNHOME FLOOR PLANS 1 2 n �1ASiFl1 ESMOFF nonmr23n 3156E < NEF v 9AT1 ,e SF C 595G' 29, SG 1r ICY" 233G i • B ♦ 47SF 7 SF __. First Level - Lower Home i } 3 'M3F ,MSF lNY WLONY IL.._..._M - -- --- L -- - -- - -- - --- - I Third Level - Upper Home 2 I Second Level - Lower Home f MIMSOOM-- �� 21 sF SM SF �1ASiFl1 ESMOFF ,SI SF 3156E < 11 SF SF uuxa os f . • i 1 4CgY _ ---------------------- Fourth Level - Upper Home PROJECT SUMMARY: Located in the Central Crossings subdistrict of Riverfront Crossings, this project consists of 28 -unit of townhomes and a 610 space parking structure. The addition of this project will serve as a model for future development in the district, and provide a facelift to reactivate the street level activity in the aging neighborhood. The townhomes wrap the parking structure on the east and south sides, and are defined as Liner Buildings within the district's form -based zoning code. Each residential townhome unit will have direct access to the parking structure. All units also have their own front door to street level, eliminating the need for shared/maintained spaces. Of the 28 residential units, two will be designated as workforce housing to meet the need and desire of the growing downtown working population to live near the city center. Every unit will have outdoor space on each floor, with the street level units opening onto a garden terrace at the sidewalk. The parking ramp enters and exits along Harrison Street to the north, and has two stair/elevator towers for pedestrians, one at the northeast corner and the other at the southeast corner. The street level parking deck will feature car charging stations to meet a growing demand from electric vehicles. A skybridge link will connect the parking structure to a six -story office building to the west. SUMMARY OF BENEFITS TO IOWA CITY: Increased Property Tax Base: The vast majority of the development site is currently owned by the University of Iowa and generates very little property taxes. The net taxable value of the property is estimated at $2,894,090 for the first year of full assessment, which will increase over time. The project will require little added infrastructure costs to the city, providing a significant gain to the net tax base. Beautification to Neighborhood: The surrounding neighborhood to the east and south of the property has, over the years, become populated by multi -bedroom apartments to house a transient student population. The quality of design and construction of these additions to the neighborhood has created an atmosphere for college residents and minimized the family friendly atmosphere the neighborhood once had. The addition of the two-bedroom townhome units will bring vibrant residential design to the neighborhood, and also re -introduce a diverse and permanent resident population who have the desire to live close to the downtown and campus where they work and play. Permanent Downtown Residents: As is the trend across the country, there is a growing desire to live near the Urban core of American cities. This project will provide a new quality housing option for those in the workforce income bracket and above. Equipped with convenient parking, and located within a five minute walk of downtown, this project will help to pull activity of the Downtown District into the Riverfront Crossings area. Parking for a growing Riverfront Crossings District: Over the past few years, the City of Iowa City has been assessing various locations for a new parking structure to accommodate the continuous need for parking near the city center. The project's associated ramp will serve residents, the area workforce, and future visitors to growing commercial and cultural amenities in the area. Introduction of a new housing type: The stacked two-story townhome model is new to Iowa City's housing market. Eliminating the need for shared spaces such as long apartment -like corridors requiring maintenance from a property manager, each unit will have their own front door to the street, as well as outdoor space on every level in the form of a balcony or garden terrace at street level. NECESSARY FINANCIAL ASSISTANCE: The project cost of the Sabin Townhome project is, at a minimum, $6,986,549. The National Development Council, as consultant to the City of Iowa City, has had full access to all costs associated with this project. Gap financing in the amount of $976,277 is required. The independent gap analysis of this project concludes that these funds are necessary and warranted for this project. Construction Cost: Land $924,704 Construction $5,245,828 Design Fee $371,510 Construction Insurance and Fees $444,507 Total Project Cost $6,986,549 Revenue Stream: Sale of (3) Affordable Housing Units $570,000 Bank Loan $3,320,185 Developer's Equity $2,120,087 Financial Gap $976,277 Total $6,986,549 flLN ONWM1Bill LTA I Date: December 2, 2014 To: Jeff Davidson, Economic Development Administrator, City of Iowa City From: Tom Jackson, Director, National Development Council CC: Wendy Ford, Economic Development Coordinator, City of Iowa City RE: Harrison Street Townhouse Development, 509 South Dubuque Street At your request, NDC has reviewed the materials submitted by A&M Development (hereinafter, "the Developer") in support of a request for City gap financing for the development of twenty-eight (28) residential townhouse units at the site of a former elementary school at 509 South Dubuque Street. While analyzed here as a separate project, the townhouses are part of the larger development of the site, including a commercial office building to be owned and occupied by MiclWestOne Bank and a City parking garage. NDC has met with the Developer on multiple occasions over the past year and has engaged with its team by phone and email as necessary. The Developer has supported its assumptions and projections on the project's development costs and operating revenues and expenses with increasing detail as they have become available and in response to requests by the City and NDC. The developer has provided the following documentation to support their request for gap financing and NDC's analysis of the request: • Development Budget based on conceptual designs (Neumann Monson, architect) • Operating proforma (revised pursuant to the completion of an appraisal report) • A Term Sheet for commercial financing from MiclWestOne Bank identifying a maximum loan amount, rate and term. • An appraisal report prepared by Commercial Appraisers of Iowa, Inc. of West Des Moines, dated November 6, 2013 • Construction cost estimates, provided by McComas-Lacina, an experienced general contractor based in Iowa City (A&M Development's principals also lead McComas-Lacina) • A description of the development entity's ownership structure and experience in tackling projects of this scope Harrison Street Townhouses December 2, 2014 Page 2 NDC's analysis of the projected financials for the project suggests that gap financing from the City in the amount of $976,277 is required to bring the project's sources in line with projected uses, as follows: Total Project Costs $6,986,549 Projected Bank Loan $3,320,185 48.37% Sale of Affordable Units $ 570,000 8.30% TIF -Supported Financing $ 976,277 12.44% Required from Developer $2,120,087 30.89% Total Sources $6,986,549 100.00% A biannual rebate of $42,963, $85,926 annually, of a portion of the project's property tax payments will be necessary for approximately 11.4 years to finance the $976,277 gap. The estimates and projections the developer has provided, as modified and confirmed by the independent appraisal, support a recommendation for gap financing for the project through a rebate of the portion of the incremental property taxes generated by the project for the following reasons: 1) Acquisition costs for the site (the majority of which was purchased from the school board by the University of Iowa and is under purchase option to MidwestOne, which has assigned its option to the developer at their cost) is appraised at $88 per square foot for a total of $1,047,288 (11,901sf x $88/sf). This cost is at the high end of the local market, especially given that the project is the first of its scale to be constructed in the Riverfront Crossings District. 2) Rents for units designed to appeal to residents who are not undergraduate students are not well established near the project site. As confirmed by the appraiser, this suggests rents that are below the Downtown market, in this case $1.32 per square foot, or $1,500 per month, for the smaller units and $1.19 per square foot, or $1,700 per month, for the larger units. 3) The appraisal identified an average market sale price of $190,000 per unit, which would translate to $148.26/square foot, or approximately $168,000 for the smaller (1,135sf) and $212,000 for the larger (1,428sf) units. The square foot sales price of $148.26 exceeds the square foot value of the project as rental units, $137.96. However, the long-term after-tax cash flow and potential for appreciation on the rental project recommends less City gap financing than the project as for -sale units. As discussed below, both the rental and for -sale markets can and will change over time and the developer does have the option of selling some or all of the units as the market allows. 4) The sale of three units to the City or a nonprofit housing organization for use as affordable housing at the project's completion provides $570,000 in sales proceeds ($190,000/unit x 3) but also increases the gap by approximately $77,000. $60,000 of this increase was offset by reducing the developer's fee by $60,000, or $20,000 per unit. Harrison Street Townhouses December 2, 2014 Page 3 5) A stabilized vacancy rate of 3% is identified by the appraiser and accepted for NDC's analysis. While 3% is several points above the current market vacancy rate for all units in and near downtown, the project is seeking to attract a market segment that will diversify the Riverfront Crossings district. 6) The amount of bank debt attracted to the deal has been maximized given the projected operating proforma and underwriting criteria (1.2 debt coverage ratio, 80% loan to value) that are very favorable to the project. The projected loan amount is also influenced by the capitalization rate, which was identified by the appraiser at ranging from 7.0% to 8.5%. The rate was projected at 7.5% for this analysis, just over the minimum 7.0%, given the project's location outside the stronger Downtown market. 7) The recommended equity contribution of $2,120,087 was determined based on an 8% internal rate of return given the projected after-tax cash flow and net sales proceeds of the project if held as a rental property for 25 -years. The rate of return drops to approximately 7.36% if the developer finances the $976,277 gap at 5% over twelve years and begins receiving TIF rebates in Year 3 of operations. The Developer intends to offer units in the project for sale as demand is evidenced in the market, but NDC's underwriting has focused on the value of the project as a rental property, with the exception of the early affordable sales, given the uncertainty of the condo sales schedule and the close match between the rental and sales value of the project identified by the appraiser. As noted above, the project has only progressed through the conceptual design phase, with final designs and construction scheduled to follow development of the new City garage. Discussions with the Developer indicate that the split of land acquisition and site development costs between the townhouse and parking garage projects is intended to fairly apportion these costs. As the design and construction of garage progresses, and as final designs and bidding are completed on the townhouses, the budget for this project should be reviewed to reaffirm the recommended level of gap financing. Similarly, with construction on the townhouses not projected to begin until well into 2015, market changes that may strengthen, or weaken, projected rental and for -sale condominium revenues should be reviewed. An especially strong condominium market with sales per square foot well above those projected for the project as a rental property could argue for reduced support from the City. Conclusion: the project as presented demonstrates a need for gap financing in the amount of $976,277 serviced by TIF rebates totaling $85,926 annually for a period of approximately 11.4 years. If the terms of the selected senior debt and updated project costs are substantially different from what the Developer has projected, NDC will review this evaluation as requested by the City. Prepared by Eleanor Dilkes, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. RESOLUTION APPROVING AN AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, L.L.C. FOR THE SABIN TOWNHOMES WHEREAS, Mike Hahn of A&M Development II, L.L.C. ("Developer") has submitted a private redevelopment proposal known as the Sabin Townhomes for a liner building consisting of 28 two bedroom townhome units that will wrap a City parking facility located at Dubuque Street and Harrison Street in Iowa City, hereinafter the "Project"; and WHEREAS, the property on which the Project will be constructed is located within the City - University Project 1 Urban Renewal Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 2157 dated October 2, 1969, amended by Resolution No. 01-366, dated November 13, 2001; and by Resolution No. 12-459, dated October 23, 2012; and WHEREAS, by Resolution No. 14-253 dated August 19, 2014 the Urban Renewal Plan for the City -University Project I Urban Renewal Area was amended to include a development agreement for the Sabin Townhomes as an urban renewal project; and, WHEREAS, the Economic Development Committee considered said application on December 8, 2014 and voted to recommend approval to the City Council; and WHEREAS, in exchange for Tax Increment Financing rebates of $976,277 paid over the course of thirteen years once the Project is complete, Developer has agreed to make certain improvements to the property, as outlined in the development agreement; and WHEREAS it is the determination of this City Council that approval of the Agreement for Private Redevelopment is in the public interest of the residents of the City and is consistent with the purposes and objectives of the Urban Renewal Area Plan. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA THAT 1. The attached Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and A&M DEVELOPMENT II, L.L.C. is in the public interest of the residents of Iowa City. 2. Said Agreement is consistent with and authorized by the Urban Renewal Plan and all applicable State and federal laws including but not limited to Iowa Code Chapters 15A and 403. 3. The Mayor is authorized and directed to execute the Agreement in duplicate and the City Clerk is authorized and directed to attest his signature and to affix the seal of the City Clerk. 4. The City Clerk is authorized and directed to record said Agreement with the Johnson County Recorder at the Developer's expense. 5. The City Manager is hereby authorized to administer the terms of the Agreement for Private Redevelopment. Passed and approved this day of 2014. MAYOR ATTEST: CITY CLERK M59A�,12-Zj-1`4 City Attorney's Office AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND A&M DEVELOPMENT II, LLC. C-1 THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the day of , 2015, by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2013, as amended (hereinafter called "Urban Renewal Act") and A&M DEVELOPMENT II LLC., having an office for the transaction of business at 1310 Highland Court, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization of an urban renewal area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the City - University Project I Urban Renewal Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 2157 dated October 2, 1969, amended by Resolution No. 01-366, dated November 13, 2001; and by Resolution No. 12-459, dated October 23, 2012; and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will cause certain improvements known as the "Sabin Townhomes" to be constructed on the Development Property and will cause the same to be operated in accordance with this Agreement; and WHEREAS, by Resolution No. 14-253 dated August 19, 2014 the Urban Renewal Plan for the University Project I Urban Renewal Area was amended to include a development agreement for the Harrison Street Townhouses n/k/a Sabin Townhomes as an urban renewal project; and, WHEREAS, the City believes that the development and continued operation of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted; and, WHEREAS, the City believes that the development pursuant to this Agreement aligns with the goals of the Riverfront Crossings Master Plan and the provisions of the Riverfront Crossings C-2 Form Based Code because it will provide a Liner Building that will hide the east and south facades of the parking structure from the public view with an innovative design that integrates the parking facility with no common hallway elements, is part of a larger master planned project consisting of the parking facility and a six story office building currently under construction on the corner of Clinton and Dubuque Streets and provides three units of affordable housing. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section I.I. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same maybe from time to time be modified, amended or supplemented. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section 3.2 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2013, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property and the other properties upon which the Public Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means A&M DEVELOPMENT II, LLC. Development Property means that portion of the City University Project 1 Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. C-3 Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. A&M DEVELOPMENT II. LLC TIF ACCOUNT means a separate account within the City - University Project 1 Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements on the Development Property described in Exhibit A. Minimum Improvements shall mean the construction of a new residential building, together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. 12-4509 of the City, under which the taxes levied on the taxable property in the City -University proj ect 1 Urban Renewal Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. City-Universily Project 1 Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the City -University Project 1 Urban Renewal Plan, as amended. C-4 Tax Increments means the property tax revenues with respect to the Minimum hnproveiments that are divided and made available to the City for deposit in the City -University Project 1 Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of tennination of this Agreement, as established in Section 12.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the City -University Project 1 Urban Renewal Plan, as amended, approved in respect of the City -University project 1 Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Covenants, Obligations, Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) Developer is a limited liability company duly organized and validly existing under the laws of the State of Iowa and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. C-5 (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the certificate of incorporation and bylaws of Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. (e) Developer has not received any notice from any local, State for federal official that the activities of Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (f) Developer will cooperate with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. (h) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement and when constructed will comply with the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances that may be necessary to construct the Minimum Improvements. C-6 (i) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. 0) With the exception of the three townhome units to be purchased by an affordable housing provider, the Developer shall not, prior to the expiration of this agreement, cause or voluntarily permit the Development Property and/or Minimum hnprovements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking for a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of 28 two bedroom townhome units that will have direct access via a back door to the City -owned parking facility with each unit to have a street level front entrance and no common hallways, all as more fully described in Exhibit `B" hereto. If three of the units have been purchased by an affordable housing provider pursuant to Section 3.3 hereof and are exempt from the payment of property taxes, the construction of the Minimum Improvements must increase the actual assessed value of the Development Property to at least $4,750,000 for the January 1, 2017 assessment. Ifthree ofthe units have not been purchased by an affordable housing provider and are not exempt from the payment of taxes, the construction of the Minimum Improvements must increase the actual assessed value of the Development Property to at least $5,320,000 for the assessment on January 1, 2017. Section 3.2. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements the City will furnish the Developer with a Certificate of Completion for such portion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement solely with respect to the obligations of the Developer to construct such portion of the Minimum Improvements. A Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.2, the City shall within twenty (20) days after written request by the Developer, C-7 provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary in the opinion of the City, to obtain such Certificate of Completion. Section 3.3. Affordable Housing. On or before January 1, 2017 Developer shall sell three of the townhoine units to an affordable housing provider approved by the City for the purpose of providing rental housing for households at or below 80% of median income. The price of each unit shall not exceed $190,000. The rent in those units shall not exceed the fair market rent established by the U.S. Department of Housing and Urban Development (HUD) for the HOME program. In the event there is not an affordable housing provider ready, willing and able to purchase said units, Developer agrees to rent three units at rates equal to or less than 80% of the HOME Fair Market Rent rate established by HUD. Rental applications for these three units shall be processed through The Housing Fellowship, which will perform third -party verification of household income to ensure the three units are occupied by households with incomes at or below 80% of the HUD -established Area Median Income, pursuant to an agreement between the Developer and The Housing Fellowship, which shall remain in full force and effect until the Termination Date of this Agreement. These three units shall be leased by such income -qualified tenants as described above for an average of 11 months per calendar year. (In 2014, 80% of the HUD -established Area Median Income is $44,550 for a 1 -person household, and $50, 900 for a 2 -person household, and 80% of the HOME Fair Market Rent is $668 per month for a 1 bedroom and $851 for a 2 -bedroom. ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or ME otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be detennined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self- insured with respect to all or any part of its liability for worker's compensation. (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State of Iowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (3 0) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. AM (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep the Minimum Improvements in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 6.4. Non -Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. Section 6.5. RESERVED. Section 6.6. Annual Certification. To assist the City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (b) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, C-10 proof and certificate shall be provided not later than November 1 of each year, commencing November 1, 2017, and ending on November 1, 2029 both dates inclusive. Upon certification by the Developer on or before November 1, 2017, the City will calculate an increment in accordance with the Ordinance, which establishes a base value as of January 1, 2011. Section 6.7 Taxation of Development Property. With the exception of the three townhome units to be purchased by an affordable housing provider, the Developer shall not, prior to the expiration of this agreement, cause or voluntarily pen -nit the Development Property and/or Minimum Improvements to become other than taxable property by applying for or seeking any property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking for a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will maintain existence as an adequately -capitalized corporation and will not wind up or otherwise dispose of all or substantially all of the Development Property and Minimum Improvements, or assign its interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof, in which case the Developer may be released of its obligations hereunder. Notwithstanding the foregoing, however, or any other provisions of this Agreement, (a) Developer may transfer its interest in and to this Agreement to any affiliate which is controlled by, under common control with or controls Developer or to any entity that acquires all or substantially all of the assets of the Developer or to any corporate successor to Developer by consolidation, merger, or otherwise, and (b) the Developer may (1) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a third party, provided such assignment shall not release the Developer of its obligations hereunder, and the City agrees in writing that Developer may assign its interest under this Agreement for such purpose; and (3) the Developer may transfer its ownership interest to a third -party under an arrangement whereby Developer will lease the Development Property back and continue to satisfy the requirements of this Agreement. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan and the Urban Renewal Act, the City agrees to make up to thirteen (13) annual Economic Development Grants to the Developer, subject to the Developer having received a C-11 Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. The annual grants shall commence on June 1, 2019 and end on June 1, 2031, or when the total of all grants is equal to $976,277, whichever is earlier. All annual grants shall be equal to one hundred percent (100%) per fiscal year of the Tax Increments (unless the total grant amount of $976,277 is reached first) collected by the City with respect to the Minimum Improvements on Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19 and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to snake an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.6 hereof and the City Manager's approval thereof, which will not be unreasonably withheld. Beginning with the November 1, 2017 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.6 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2017, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2019). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to the Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be make, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8. 1, subject to Developer's filing under Section 6.6 and all other provisions of this Article VIII with respect to such grant, it being the C-12 intention of the parties to allow up to thirteen (13) annual Economic Development Grants in an aggregate amount not to exceed $976,277, if Developer is in compliance with this Agreement. (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $976,277. Each Economic Development Grant shall be equal to one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2017, and on January 1 of each of the following thirteen (13) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $976,277. The final grant shall be adjusted, if necessary, if payment of 100% of Tax Increments for that grant would result in total, aggregate Economic Development Grants in an amount exceeding $976,277. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.6 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the A&M DEVELOPMENT II, LLC TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the A&M DEVELOPMENT II, LLC TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8. 1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions C-13 of the Code, as then constituted. Upon receipt of such an opinion or decision, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion or decision continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8. 1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the A&M DEVELOPMENT II, LLC TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer, or its successors or assigns, agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (iii) any hazardous substance or environmental contamination C-14 located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or about the Minimum hnprovements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be 'Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) If the holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or C-15 (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (d) or (e) of said Section 10.1 in which case action maybe taken immediately) the giving of thirty (3 0) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re -pay to the City, an amount equal to the most recent Economic Development Grant previously made to the C-16 Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefor, pay to the party not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith C-17 (but only, in the case of the City, to the extent pennitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum linprovements at its own expense and without regard to the provisions of this Agreement. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, to Mike Hahn, A&M Development II, LLC, 1310 Highland Court, Iowa City, Iowa 52245. (b) In the case of the City, to City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240, Attn: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all law-*] prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination. Date. This Agreement shall terminate and be of no further force or effect on and after June 1, 2027, or upon final payment of the Economic Development Grants, whichever is sooner. Section 12.9 Recording. This Agreement shall be recorded at the Johnson County Recorder's Office, Iowa City, within 30 days of execution at the expense of the Developer. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf by A&M DEVELOPMENT, II, L.L.C. C-19 (SEAL) ATTEST: CITY OF IOWA CITY, IOWA Mayor Approved by: City Clerk City Attorney A&M DEVELOPMENT II, LLC By: CITY OF IOWA CITY STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of , 20_, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF )SS COUNTY OF This instrument was acknowledged before me on this day of 2014, by , as manager of A&M DEVELOPMENT II, LLC. Notary Public in and for the State of Iowa C-20 EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Lots 1-4 in Block 8, County Seat Addition to Iowa City, Johnson County, Iowa C-21 EXHIBIT B MINIMUM IMPROVEMENTS The Developer agrees to complete Minimum Improvements generally consisting of at least $6,986,549 in improvements to that portion of the Development Property located along Dubuque Street and Prentiss Street, which improvements shall include the construction of 28 two bedroom townhome units. There shall be 14 lower units and 14 upper units with net square feet of approximately 1,135 SF and 1,428 SF respectively. The townhome units will serve as a liner building on the East and South sides of the parking facility. There will be no common hallways and all units will have a street level front entrance. Each unit will have direct access via a back door to the City parking facility that will be constructed in connection with the minimum improvements. Each unit will have the option to receive a permit from the City for a maximum of two parking stalls in said facility on an annual basis at the rate set by the City. The option must be exercised annually on or before June 1 st of each year. Payment for the space(s) shall be made quarterly or annually and failure to make payment shall result in loss of the right to reserve said space(s). Each townhome unit will include private outdoor space in the form of a balcony or garden terrace. The townhomes will include high efficiency heating and cooling units and low flow plumbing fixtures. The exterior cladding of the building shall be a recycled by product of the rice milling industry. The improvements shall be built in conformity with the site layout, conceptual renderings and floor plans attached hereto as Exhibit "E". On or before January 1, 2017 Developer shall sell three of the townhome units to an affordable housing provider approved by the City for the purpose of providing rental housing for households at or below 80% of median income. The price of each unit shall not exceed $190,000. The rent in those units shall not exceed the fair market rent established by the U.S. Department of Housing and Urban Development (HUD) for the HOME program. In the event there is not an affordable housing provider ready, willing and able to purchase said units, Developer agrees to rent three units at rates equal to or less than 80% of the HOME Fair Market Rent rate established by HUD. Rental applications for these three units shall be processed through The Housing Fellowship, which will perform third -party verification of household income to ensure the three units are occupied by households with incomes at or below 80% of the HUD -established Area Median Income, pursuant to an agreement between the Developer and The Housing Fellowship, which shall remain in full force and effect until the Termination Date of this Agreement. These three units shall be leased by such income -qualified tenants as described above for an average of 11 months per calendar year. (In 2014, 80% of the HUD -established Area Median Income is $44,550 for a 1 -person household, and $50, 900 for a 2 -person household, and 80% of the HOME Fair Market Rent is $668 per month for a 1 bedroom and $851 for a 2 -bedroom. If three of the townhome units have been purchased by an affordable housing provider and are exempt from the payment of property taxes, the construction of the Minimum Improvements must C-22 increase the actual assessed value of the Development Property to at least $4,750,000 for the January 1, 2017 assessment. If three of the units have not been purchased by an affordable housing provider and are not exempt from the payment of taxes, the construction of the Minimum Improvements must increase the actual assessed value of the Development Property to at least $5,320,000 for the assessment on January 1, 2017. C-23 EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and A&M DEVELOPMENT Il, LLC., having an office for the transaction of business at , Iowa City, Iowa 52245 (the "Developer"), did on or about the day of January, 2015, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing ofthis instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA ATTEST: Mayor C-24 City Clerk CITY OF IOWA CITY STATE OF IOWA COUNTY OF JOHNSON On this day of , 20_, before me a Notary Public in and for said County, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for the State of Iowa C-25 I�:�al�fll ANNUAL CERTIFICATION Date: (due annually no later than November 1) I, , the undersigned, having knowledge of the Developer's Agreement between the City of Iowa City and A&M DEVELOPMENT II, LLC, dated , 2015, and the operations of the Development Property, hereby certify the following; 1. All ad valorem taxes on the Development Property have been paid for the prior fiscal year, as evidenced by the attached documentation; and 2. (A) I have re-examined the terms and provisions of the Development Agreement and can affirm that during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of said Agreement (including but not limited to the occupancy requirements of Section 3.3 thereto) and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of this certificate. OR (B) the undersigned has re-examined the terms and provisions of the Development Agreement and that at the date of this certificate, the undersigned is aware that the Developer is in default of the Agreement for the following reasons: that the default has existed since (date); and that the Developer is taking or proposes to take the following action with respect thereto: 3. In the past year, the Housing Fellowship processed tenant applications to ensure three (3) Townhome units are occupied by households with incomes at or below 80% of the HUD - established Area Median Income. As a result, the following units were rented for an average of at least 11 of the preceeding 12 months at the following rates: [list the number of each unit and rental rate]. EXHIBTI' E A&M Development II LLC November 2014 C-27 SITE: Te project site is located on the block northwest of the PemA Street and Dubuque Street intersection, and &!o ate on the property to mew k of the d@ alley on that block. The site hoAe the old Sabin Eleme%9 School and Midwest One's Home Mortgage Center eproperty §current owne by the University of Iowa HARRISON STREET o« Race d\\/. at %awmA6mw;gs }\\ � n -U/ : & 5 e Harrison� a Facility .. -° M Parking !«2 2 a`\ W > Q\/\ M � � � : y?< £»Goma 43\ PRENTISS STREET C -2S 0 c m C 0 C rn g rn � M 01 CONCEPTUAL RENDERINGS Looking East down Harrison Street Looking Southwest at Dubuque and Harrison intersection C-29 TOWNHOME FLOOR PLANS 1 2 3 A \ tSTO 54 SF F1' 6 54 SF �r PATHj K17CH. LIVING 59 SF 291 SF C{�S. u SF PATIO - ....:B., 47 SF First Level - Lower Nome 1 3. CLOS. 12 SF kBALCONY Knit LMNG 106 SF 314 SF Third Level - Upper Home C-30 1 2 1 A, __J.... ATHROOM CORRIDOR 41U c ili !!, j. _..� II� I 1 _.MASTER.. ^ - BEDROOM BEDROOM 1193SFI 154 SF BALCONY �B' \ 365E Second Level - Lower Nome 1 2 A q_ --- e!. 36 SF Fourth Level - Upper Home MECH, 12 SF LAUND. 10 SF MECH. II SF LAUND. 10 SF