HomeMy WebLinkAbout2015-03-23 OrdinancePrepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ14-00008) - 03-2345
5a
NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property
located near the northwest corner of Muscatine Avenue and Scott Boulevard from Low Density Single
Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, this 1.36 acres was shown as right-of-way adjacent to an RM -12 zoned lot on the Terra
Verde Final Plat; and
WHEREAS; in lieu of Terra Verde, the applicant has submitted Silver Slope, a new plat, showing a
change to the street configuration resulting in this 1.36 acres being incorporated into the adjacent multi-
family lot; and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to the
Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the Johnson County
Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde is paved, and requiring that the multi -family buildings be constructed
in substantial compliance with a November 30, 2010 site plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the vacation of the
Terra Verde final plat including Terrance Lane to require that sidewalks be installed adjacent to Muscatine
Avenue at the time Silver Lane, the replacement street for Terrance Lane, is paved; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby reclassified from its current zoning designation
of Low Density Single Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12):
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 One -Quarter of
said Section 13, a distance of 50.00 feet, to the POINT OF BEGINNING; Thence continuing
S87°35'12"W, along said South line, 340.00 feet, to the Southeast corner of a Tract of Land described
in the Warranty Deed, as recorded in Book 1146, at Page 59, in the Records of the Johnson County
Recorder's Office; Thence N01°30'01"W, along the East line of said Warranty Deed, and its Northerly
extension thereof, 527.19 feet; Thence N44052'58"E, 80.43 feet; Thence S45°07'02"E, 28.16 feet;
Thence Southeasterly, 173.66 feet, along an arc of a 150.00 foot radius curve, concave
Northeasterly, whose 164.12 foot chord bears S78017'00"E; Thence Northeasterly, 90.67 feet, along
an arc of a 150.00 foot radius curve, concave Southeasterly, whose 89.30 foot chord bears
N85°52'01 "E; Thence S76048'58"E, 13.77 feet, to a point on the West line of Parcel "3" of the Ralston
Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at Page 84, in said
Records; Thence S01 °30'01 "E, along said West line, 33.29 feet; Thence S88°29'59"W, 279.96 feet;
Thence S01 °30'01 "E, 434.89; Thence N88°23'07"E, 279.96 feet, to a point on said West line of
Parcel "3"; Thence S01°30'01"E. along said West line, 52.29 feet, to said POINT OF BEGINNING,
containing 1.36 acres, more or less, and subject to easements and restrictions of record.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 120.
MAYOR
ATTEST:
CITY CLERK
App oved b
� wtiti�
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration
Vote for passage.
Throgmorton,
Second Consideration _
Vote for passage:
Date published
03/23/2015
AYES: Dickens, Dobyns,
Botchway. NAYS: None.
that the
Hayek, Mims, Payne,
ABSENT: None.
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ14-00008)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Hieronymus Family Partnership, LLC (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 1.36 acres of property
located at north of Muscatine Avenue and west of Scott Boulevard; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Single -Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, the Planning and Zoning Commission has recommend approval of the
rezoning of this property form RS -5 to RM12; and
WHEREAS, the existing RM -12 zone to which this property is being added is subject to
the Conditional Zoning Agreement recorded at Book 4723, Page 906-912 in the records of the
Johnson County Recorder's Office, requiring that sidewalks be installed adjacent to Muscatine
Avenue and Terrence Lane at the time Terrence Lane in Terra Verde is paved, and requiring that
the multi -family buildings be constructed in substantial compliance with a November 30, 2010 site
plan and building elevations; and
WHEREAS, a Conditional Zoning Agreement is necessary to reflect the change in the
vacation of the Terra Verde final plat including Terrance Lane to require that sidewalks be
installed adjacent to Muscatine Avenue at the time Silver Lane, the replacement street for
Terrance Lane, is paved; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for pedestrian connections; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
Hieronymus Family Partnership, LLC is the legal title holder of the property legally
described as: 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 One -Quarter of said Section 13, a distance of 50.00 feet, to the POINT OF
BEGINNING; Thence continuing S87°35'12"W, along said South line, 340.00 feet, to the
Southeast corner of a Tract of Land described in the Warranty Deed, as recorded in Book 1146,
at Page 59, in the Records of the Johnson County Recorder's Office; Thence N01°30'01"W,
along the East line of said Warranty Deed, and its Northerly extension thereof, 527.19 feet;
Thence N44°52'58"E, 80.43 feet; Thence S45007'02"E, 28.16 feet; Thence Southeasterly, 173.66
feet, along an arc of a 150.00 foot radius curve, concave Northeasterly, whose 164.12 foot chord
ppdadm/agt/conditional zoning agreement- hieronymus.doc
bears S78'1 7'00"E; Thence Northeasterly, 90.67 feet, along an arc of a 150.00 foot radius curve,
concave Southeasterly, whose 89.30 foot chord bears N85°52'01 "E; Thence S76°48'58"E, 13.77
feet, to a point on the West line of Parcel "3" of the Ralston Creek South Property Acquisition Plat
of Survey, as recorded in Plat Book 19, at Page 84, in said Records; Thence S01 °30'01 "E, along
said West line, 33.29 feet; Thence S88°29`59"W, 279.96 feet; Thence S01 °30'01 "E, 434.89;
Thence N88°23'07"E, 279.96 feet, to a point on said West line of Parcel "3"; Thence
S01 °30'01 "E. along said West line, 52.29 feet, to said POINT OF BEGINNING, containing 1.36
acres, more or less, and subject to easements and restrictions of record.
2. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following condition: A sidewalk on the north side of Muscatine
Avenue shall be extended from Juniper Drive to Scott Boulevard. Owner shall install said
sidewalk concurrently with the construction of the public improvements installed on
property described above and in Ordinance 11-4422..
3. The Conditional Zoning Agreement recorded at Book 4723, Page 906-912 is hereby
amended as follows: The condition stated in Paragraph 3(a) therein to install the
sidewalk described above shall be required at the time the public improvements are
installed on the property described in said agreement and rezoned according to
Ordinance 11-4422. All other conditions of said agreement not amended herein shall
remain in full force and effect.
4. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
redevelopment will conform with the terms of this Conditional Zoning Agreement.
6. 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.
Tthis agreement shall inure to the benefit of and bind all successors, representatives,
and assigns of the parties.
7. 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. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of , 20_.
CITY OF IOWA CITY OWNER:
Hi4n flus Fgimij jPartnership, LLC
Matthew Hayek, Mayor
ppdadm/agt/conditional zoning agreement- hieronymus.doc 2
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office 3
/I ��S^
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
Hieronymus Family Partnership, LLC Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
'�cc n�� c -C. Lam- the underMe-
ned
On this Z� day of , 20 t `� ,before me, , a Notary Public
in and for the State of Iowa, personally appeared An A 16-0- Y-Ontjrnus to me
personally known who being by me duly sworn, did say that t person is
i- j'n e i (title) of Hieronymus Family Partnership, LLC, and that said
instrumen wa$ signed on be alf of the said limited liability company by authority of its managers
and the said n'l ".c -w I : r fl r acknowledged the execution of said instrument to be the
voluntary act and dee of sdid limited liability company by it voluntarily executed.
ppdadm/agt/conditional zoning agreement- hieronymus.doc 3
Notary Public in and for the State of Iowa
My commission expires:
(Stamp or Seal) _
KELLIE K TUTTLE
Title and Rank 9 Co mmisrrn^�umber221819
( ) _ ; oly Com 'ssio Expires
iov;A!
ppdadm/agt/conditional zoning agreement- hieronymus.doc
=t6Z.- 4
Date: February 19, 2015
CITY OF IOWA CITY
MEMORANDUM
To Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ14-00008/SUB14-00008 Silver Slope
The applicant has submitted a revised preliminary plat that is similar to the version recommended
for approval by the Commission in June 2014 (copies of the revised and previously recommend
version of the plat are attached). The new plat differs in that Lot 23 is no longer included, and lots
21 and 22 have been combined into one lot that is now labeled as Lot 1 of Part 1 of Silver Slope.
Part 1 also includes Outlot B which contains the grove a trees that the applicant wishes to protect.
Like the previous version, there 19 single-family lots located in Part 2 along Silver Lane (the lot
numbers have been changed to lot 2 to 20). Because no new development will occur in Part 1,
storm water management facilities will not be required for that part. With the new design the
grove of trees on Outlot B will be permanently protected and there is a rational for not extending
Silver Lane to the south.
Staff Recommendation: Staff recommends that REZ14-00008, a rezoning of 1.36 acre parcel
from single-family residential (RS -5) to multi -family (RM -12) and SUB14-00008, a preliminary
plat of Silver Slope, a 20 -lot, approximately 17 -acre residential subdivision located at the
northwest corner of Muscatine Avenue and Scott Boulevard be approved.
Attachments:
1. Preliminary plat
2. Previously reviewed preliminary plat
Approved by: _ 7 ✓4
John Yapp, Development Services Coordinator
Department of Neighborhood and Development Services
to
N
cµ�cpil WEIm�wLFFrx" ; ° a..~� w
4
All
IT
yp5x; � ry y r
,,. ... n 9 � `} • �� 1 , Y }al � ��'iit tri �� �:
_ •:I 1 V :I 1 If y J $��
SkTN' n 7
Ir
I I
ro Q � i � } „ i � •x c i '� FH E4'
gd
e.
I-0
IY?3. AlCAIN",'pl ABf Tu 4' pfP"hIJ i�ItV131.1
3isln�a�
PUPAga m
Cq 4 2
�u$.g2d
D< 3 F RB G?^g q D m
� ^
------------
;fa �$aay
o�gdLg :
I£EAI I luatt•.woop I VIII g
]�pgySp ilia
2e�8d£�aia�°i[4y����� gga" 89ppg'[s4§A938 y0
yF a ] 3
qq S 2i� 4 q
yyyQy . 4P3 y
°�m� qa
88��gg uxc€
�f�96 i M U I R
pn _..�h�5� aG;I-RL G�1� a1®'M PG"1f�451�9�L�N/� \, •"� � i
II IrL:1� ti � 2 WORT (iliL I .r wn `s'a�r Yreei� a �Se�-v �•� a%.e. ,'`•'� '• •
j .. �� _� - IIS 'I `�v✓�� ?t I I ._� � I -----��•'.'.
___.—� .� Ili , �, s j_— I �� .�•� ,.—� �
97
AM
Al
A.
%MF
H WA � 7'zx7 `87 1/
J n3 I U eE%FLPD M fc'M Wk �r vKE
a� r'c
--moi } $� �i SCI ( I ca+r• eecc�a:tic5 arec / / �`` � �$� E .._ _q�- \\
r
\ N
f�
�io M
Aim
yyy
69
ALWS
I.
jFt.
.99. qT. µyA_�44 FF
i�Y2a �. hi
egti8� z N
m
2'$SisE
rg S IZ
qQ'u—�j �3pii
g
o /nn G
Hit
A�
nm
s
3 a $ A
g���8$RC�pjxa
Z
C: Z� .�
p�
ax�39o��
2
a�g�iiK;�g s
gsB 0Sx
�':mfm
:y
8
0
m
wo s
g
o /nn G
o
s
i
Z
C: Z� .�
�v
T 4
�p1 Z y O
010 ox ~x ggs
Z Zy r Z Fm�1
D z� @�
4 d [N � yvm � �m �GG�n ���
�„ti..,..+.
D Z D
E`�4'�91T M,1 •i.15P�9E��9f�NRS"L4
y:w��' �'�.✓•-'w ..°o'°,..- .aw. � �,,.y'. ;�%
Boa
Z
t
'oEBi}�; •py
fl ;1� ''Ifi,'i'i'� title ,RitO ,' 9 � -f
T 4
�p1 Z y O
010 ox ~x ggs
Z Zy r Z Fm�1
D z� @�
4 d [N � yvm � �m �GG�n ���
59,p
D Z D
D
Boa
Z
T 4
�p1 Z y O
010 ox ~x ggs
Z Zy r Z Fm�1
D z� @�
4 d [N � yvm � �m �GG�n ���
r
��CITY OF IOWA CITY
Z I I I �--w
�21*bt
MEMORANDUM
MR
Date: February 5, 2015
To Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ14-00008/SUB14-00008 Silver Slope
The Planning and Zoning Commission reviewed and recommended approval of a preliminary plat
for Silver Slope in June 2014 (see attached staff report). Prior to City Council consideration of the
plat, the applicant requested that the plat and associated rezoning be put on hold. The applicant
has now submitted the attached version of the plat, which removes from the plan property that he
owns at 3300 and 3322 Muscatine Avenue.
The previous version of the plat included those properties as lots 21 (currently contains the
applicant's residence), lot 22, (vacant) and lot 23, (contains a single family dwelling) and Outlot B
(see attached staff report which contains an image of that version of the plat). The purpose for
Outlot B was to assure that it remained as permanent open space. The applicant indicated that
he wanted to save the mature trees that are located there. This provided the rationale for waiving
Subdivision Design Standards (15-3-2 of City Code) which state:
Connectivity of Streets, Sidewalks, and Trails:
Subdivisions shall provide for continuation and extension of arterial, collector and local
streets, sidewalks and trails in accordance with the following standards.
• All streets, sidewalks, and trails should connect to other streets, sidewalks, and
trails within the development, and to the property line to provide for their
extension to adjacent properties. Each subdivision must contribute to the larger
interconnected street pattern of the City to ensure street connectivity between
neighborhoods, multiple travel routes resulting in the diffusion and distribution of
traffic, efficient routes for public and emergency services, and to provide direct
and continuous vehicular and pedestrian travel routes to neighborhood
destinations.
• The road system shall be designed to permit the safe, efficient, and orderly
movement of vehicular and pedestrian traffic; to meet the needs of the present
and future population served; to have a simple and logical pattern and allow that
pattern to continue through adjacent properties, and to respect natural features
and topography.
• Use of cul-de-sacs and other roadways with a single point of access should be
avoided. Cul-de-sacs will be considered where it can be clearly demonstrated
that environmental constraints, existing development, access limitations along
arterial streets, or other unusual features prevent the extension of the street to
the property line or to interconnect with other streets within or abutting the
subdivision.
Now that Outlot B and adjacent lots have been removed from the subdivision, there is no longer a
reason that Silver Lane can't be curved and extended to the south property line. This would
January 30, 2015
Page 2
provide the future development of the 3+ acres of land located between Silver Lane and
Muscatine Avenue. Although the applicant may have no plans to further develop his property and
sees no need to provide for future street connectivity, staff believes that overtime as property
ownership changes, there will likely be demand for further development. It is best that it be
planned for to avoid another non -connected street. Otherwise the property that has been
removed from the plat could be subdivided in the future resulting in a cul-de-sac street that would
run parallel to Juniper Drive. This as well as the currently proposed design for Silver Slope would
be counter to the Subdivision Standards that call for street and pedestrian connectivity and
discourage cul-de-sacs except where there is a reason, such as the preservation of open space. If
the subdivision included the property shown as Outlot B on the previous version of the plat as
open space, there would be a rationale to approve a cul-de-sac on Silver Lane.
Based on non-compliance with the Subdivision Code's standards, staff recommends that this
version of Silver Slope preliminary plat be denied. Staff also sees no reason to amend the zoning
boundary until there is an acceptable subdivision design.
Staff Recommendation: Staff recommends denial of REZ14-00008, a rezoning of 1.36 acre
parcel from single-family residential (RS -5) to multi -family (RM -12) and SUB14-00008, a
preliminary plat of Silver Slope, a 19 -lot, approximately 12.48 -acre residential subdivision
located at the northwest corner of Muscatine Avenue and Scott Boulevard.
Attachments:
1. Location Map
2. Preliminary plat
3. Staff Report for previous version
Approved by:
John Yapp, Develop m t Services Coordinator
Department of Neighborhood and Development Services
IIdaRR 1MNM»a"
RySe I y I III'1 p
$e2tR ® it
i oil Ws � �Yzee
-Mi
Y O
€�m6� t # 112,0k sio
Mi 0
1 y Fob < m —
Ing
Ms
€aaVIM
$ Q[§a
$'�I Im
gg�a�8
p €JY
F �
IIdaRR 1MNM»a"
RySe I y I III'1 p
$e2tR ® it
i oil Ws � �Yzee
-Mi
Y O
€�m6� t # 112,0k sio
Mi 0
1 y Fob < m —
Ing
Ms
To: Planning & Zoning Commission
Item: REZ14-00008 & SUB14-00008
Silver Slope
GENERAL INFORMATION:
Applicant:
Contact Person:
Email:
STAFF REPORT
Prepared by: Darian Nagle-Gamm
Date: June 5th, 2014
Hieronymus Family Partnership
3322 Muscatine Avenue
Iowa City, IA 52240
John Hieronymus
3322 Muscatine Avenue
Iowa City, IA 52240
j.hieronymus@mchsi.com
Requested Action: Subdivision of 17.85 acres and rezoning of 1.36
acres from RS -5 to RM -12 to accommodate new
street alignment
Purpose: Preliminary Plat Approval - Silver Slope subdivision,
including 23 single family lots and 1 lot for 22 multi-
family units
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Northwest comer of Muscatine Avenue and Scott
Boulevard
Rezoning of 1.36 acres; Preliminary plat of 17.85
acres;
RS -5 Undeveloped and RM -12 Undeveloped
North: Ralston Creek, P1 & RS -5
South: Single family, RS -5
East: Multi -family, RM -12 (under construction)
and Scott Park, P1
West: Single family, RS -5
Comprehensive Plan: Southeast Planning District Plan shows multi -family
at the corner of Muscatine Ave and Scott Boulevard
and single family on the remainder of the parcel.
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
SPECIAL INFORMATION:
SE -1 Court Hill/Lucas
May 15th, 2014
June 291h, 2014
Public Utilities: The area is currently served by Public Utilities
D Z
Public Services: This area is currently served by the Eastside Loop
transit route
BACKGROUND INFORMATION:
The land under consideration is currently zoned Low Density Single Family Residential (RS -5)
and Multi -family (RM -12). A previous applicant for the same property, TNT Land Development
LLC, was granted approval of a rezoning of approximately 2.79 acres at the corner of Muscatine
Avenue and Scott Boulevard from Low Density Single Family Residential (RS -5) to Low Density
Multi -Family Residential (RM -12) in February 2011.
A final plat for this property was approved in 2011 (Terra Verde Subdivison), but for a different
developer. The current applicant is now requesting approval of a redesigned preliminary plat for a
23 -lot detached single family and 1 -lot multi -family residential subdivision with 2 outlots. While the
final plat approved in 2011 included a loop street to be accessed from Muscatine Avenue (copy
attached); the current concept includes Silver Lane, which is accessed from Scott Boulevard and
terminates at a cul-de-sac to the west. Because the street alignment changed, there is a small
parcel of land zoned as RS -5 in the area proposed for multi -family. The request to rezone this
parcel as multi -family (RM -12) is for continuity; however no additional multi -family units will be built
outside of the previously approved 22 units per the 2011 Conditional Zoning Agreement.
ANALYSIS:
Zoning and the Comprehensive Plan: The proposed subdivision is comprised of 23 detached
single family lots, 1 multi -family lot, and 2 outlots. Outlot A is used fo'r stormwater management
and is accessed off of Scott Boulevard via Silver Lane, the sole street in the subdivision. Outlot B
is located on the west side of the subdivision and is not accessible by street. Both will be
maintained by the homeowner's association. All single-family lots meet the minimum 8,000 sq ft.
lot size, 60' lot width and 45' lot frontage required by zoning.
The proposed subdivision is located within the Southeast Planning District. The plan indicates
that the area near the intersection of Muscatine Avenue and Scott Boulevard is appropriate for
multi -family residential use, with the remainder of the subject property being appropriate for single
family dwellings as provided by the preliminary plat.
The City's adopted Comprehensive Plan encourages a mix of housing types including multi -family
dwellings and also encourages concentration of infill development contiguous to existing
neighborhoods. The proposed subdivision meets these goals and therefore complies with several
strategies outlined in the Comprehensive Plan.
Subdivision design: Silver Lane has been designed to local street standards, with a 60' right
of way, 26' pavement width, and 5' sidewalks on each side. A sidewalk stub between lots 14
and 15 will ultimately allow the subdivision to connect to the Court Hill Trail to the north of the
subject property.
The subdivision regulations discourage cul-de-sacs and roads with a single point of access. The
applicant has proposed that Silver Lane end in a cul-de-sac rather than loop back to Muscatine
Avenue as proposed in the previously approved Terra Verde subdivision. The applicant
indicates that the cul-de-sac design is being proposed to preserve Outlot B, which contains
several mature trees which he wishes to preserve in an area of common open space.
The multi -family buildings will not be allowed direct access onto Muscatine Avenue or Scott
Boulevard and additionally must be set back a minimum of 40' from the property line along
Muscatine Avenue and Scott Boulevard. The fronts of the buildings are required to face the
abutting streets and the parking must be located behind the buildings. The developer will need
to submit a concept plan for the layout and building design of the multi -family buildings for
3
consideration by the Staff Design Review Committee prior to receiving a building permit to
ensure compliance with the Conditional Zoning Agreement approved in February 2011.
Portions of lot 20 (the multi -family parcel) will also require a rezoning as the original rezoning
(Ord. 11-4432) only included approximately 2.79 acres of property that was rezoned from RS -5
to RM -12. Lot 20 is now approximately 3.58 acres as noted on the preliminary plat due to the
reconfiguration of the street layout on the property.
Compatibility with neighborhood: The surrounding neighborhood consists of predominately
single-family homes. In staffs opinion, the proposed development is compatible with the
surrounding neighborhood. The location of the multi -family is appropriate given its access to the
arterial streets.
Environmentally Sensitive Areas: Ralston Creek is located to the north of the subject property
and hydric soils are present on lots 11-16. Houses on lots with hydric soils need to be
constructed with sump pumps and more stringent construction safeguards will be required for
any parts of the street that are affected by hydric soils. At the time of final plat approval these
requirements will need to be addressed in the legal papers.
Traffic, access, and street design: Single-family lots 1 — 19 and the multi -family lot of the
proposed subdivision will be accessed from Scott Boulevard via Silver Lane, the sole street in
the subdivision, while single-family lots 21 — 23 will be accessed from Muscatine Avenue. Silver
Lane has been designed as a single access cul-de-sac that extends towards the west property
line. As individual lot access to arterial streets is discouraged in order to keep the number of
potential conflict points to a minimum, lots 22 and 23 (accessed off of Muscatine Avenue)
should be designed with a single shared driveway. This should be noted on the preliminary plat.
The driveway location is at the discretion of the developer.
Currently no sidewalks exist on the north side of Muscatine between Juniper Drive and Scott
Boulevard. The developer will be required to install a 5' wide sidewalk along this entire frontage
within the right-of-way concurrent with the construction of Silver Lane. This information is
included in the CZA approved in February 2011. Additional right of way on Muscatine Avenue is
also being dedicated in order to facilitate intersection improvements at the Scott Boulevard /
Muscatine Avenue intersection.
The preliminary plat includes a trail extension from Silver Lane to the northern property line on
Outlot A between lots 14 and 15. This trail extension will provide for a future connection with
the Court Hill Trail.
Neighborhood parkland or fees in lieu of: A planned development of this size is required to
dedicate 23,581 square feet of neighborhood parkland or pay fees in lieu of. The open space
requirements were calculated as follows: 3.58 multi -family acres X .65 X 15 X 2.22 persons per
dwelling unit X 3 acre / per 1000 persons for a total of 10,126 square feet + 14.27 single-family
acres X .65 X 5 X 2.22 persons per dwelling unit X 3 acre / per 1000 persons for a total of 13,455
square feet, which equates to an overall total of 23,581 square feet of parkland or fees in lieu of
for the subdivision.
Storm water management: Storm water management for the single family lots 1 — 19 and the
multi -family parcel is being provided for on Outlot A. The developer will need to demonstrate how
stormwater will be handled for single family lots 21 — 23 and Outlot B to the satisfaction of
Engineering staff. Engineering staff has expressed concern about drainage against the homes
south of Silver Lane and has requested that the developer provide subdrain along Silver Lane in
order to have an outlet for sump pumps.
4
Infrastructure fees: Water main extension fee of $395 per acre is required.
STAFF RECOMMENDATION:
Staff recommends deferral of this application until the deficiencies noted below are resolved.
Upon resolution of the deficiencies, staff recommends approval of REZ14-00008, a rezoning of
1.36 acre parcel from single-family residential (RS -5) to multi -family (RM -12) located on the
northwest corner of Muscatine Avenue and Scott Boulevard, and SUB14-00008, a preliminary
plat of Silver Slope, a 23 -lot, approximately 12.14 -acre residential subdivision at the same
location.
DEFICIENCIES/DESCREPANCIES:
• Stormwater management needed for lots 21, 22, 23 and Outlot B.
• A shared driveway will be required for lots 22 & 23, accessible via Muscatine Avenue.
This should be noted on preliminary plat.
ATTACHMENTS:
1. Location Map
2. Previously approved final plat (Terra Verde)
3. Rezoning exhibit (Silver Slope)
4. Preliminary plat (Silver Slope)
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
:5
12
OA18 ILOOS
LU
IS3
CM00
OA18 ILOOS
w
U
H 16
Z
13
a00000aaaaaaaaa
O -,<
og
REMEMBER
11111112111111111
M., 5-11111,11111.1t
5m :OBi:NBB6@0oo6G
H 16
iv m ,\ia+l ,„Wa4a Ygl/�1M1\IM\-aw•vrvWw\u
U
z
Z
13
O -,<
og
p z
t7
.gpa—I
I
c
till 1
0
co
iv m ,\ia+l ,„Wa4a Ygl/�1M1\IM\-aw•vrvWw\u
U
z
Z
O -,<
og
p z
;
c
0
co
_ T-
I
COURT GB�f� r � �•
! tltl
y pQ t�°�, iy'07�Iri�1 LiyLL�
in I c �4
+. .rue .s v awe. u. -rc cn✓^ a i
S+ .+v3 ! e6 � h`%ry :S:�ii 4i�•
T,i
I
` � I
a I
\ ' mka� ! ! •\
/Q
II '' U �A..40N OcX v4 T GJ<J_•!:" I
i _"N i 8 ` j surao'oi'e 4a,.ec � � /� ' �6\\\. � � � �� h �y � •�
! x z \ s
f.� a �4 •� I '� z 8
m.-3:,��8Y
I� ......_.....
�s $$
u Xgg 0
r-
0 O
o
00
D Z
M D
6Z'ZC
3.1a,C4Wa f—.
F �
gA
g ra
8u;v
3�:v iisq�3-
��ss�sxsgIIgs
a
R
3 Opo
�s�
O D ai D C
m
m
NO
z
O
z 0�
s
Z�
r (i
'� O Cl)
Z
m
n
Y7� macnvm
R
F
s
B
Z O
T
V
(m
dim] 7J
m
=i
Zb
velr °wi
Ila
'rt e
1
VAS KFMIMI
t
5W191,11
esx yssa1
4
g
i A4A�{gpp
Z
A Aa9
n
5W191,11
D O
pp
Z
n
04
40e r r r 8 '11
oma ow �g4m
f 1 ^�• r3 m rD 08 Mill
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 2 of 15
None.
REZONING I DEVELOPMENT ITEM (REZ14-00008/SUB14-00008)
Discussion of an application submitted by Hieronymus Family Partnership for a rezoning of
1.36 acres from Low Density Single Family (RS -5) zone to High Density Single Family (RS -12)
zone and for a preliminary plat of Silver Slope, a 24 -lot, 17.85 acre residential subdivision
located north of Muscatine Avenue and west of Scott Boulevard.
Miklo stated the applicant has submitted a revised preliminary plat that is similar to the version
recommended for approval.by the Commission in June 2014. The new plat differs in that Lot 23
is no longer included, and lots 21 and 22 have been combined into one lot that is now labeled as
Lot 1 of Part 1 of Silver Slope. Part 1 also includes Outlot A which contains the grove a trees that
the applicant wishes to protect. Like the previous version, there 19 are single-family lots located
in Part 2 along Silver Lane. Because no new development will occur in Part 1, storm water
management facilities will not be required for that part. With the new design the grove of
trees on Outlot A will be permanently protected and there is a rational for not extending Silver
Lane to the south.
Staff recommends that REZ14-00008, a rezoning of 1.36 acre parcel from single-family
residential (RS -5) to multi -family (RM -12) and SUB14-00008, a preliminary plat of Silver
Slope, a 21 -lot, approximately 17 -acre residential subdivision located at the northwest corner of
Muscatine Avenue and Scott Boulevard be approved.
Eastham questioned that Outlot A would not be dedicated to the City and Miklo confirmed it
would be private ownership, Parks and Recreation looked at it decided it was not an area they
wished to take on for maintenance. Eastham asked if the outlot could be potentially developed
at some point in the future and Miklo said not without the City's approval of a subdivision
because it's labeled as permanent open space.
Martin asked if lot 21 was the one in question to be changed to RM -12 and Miklo confirmed that
the area to be rezoned is in contained in lot 21. Martin stated the assumption is an apartment
building or something will be built on that lot. Miklo stated that when this area was rezoned, there
was a concept plan where this was to be townhouse style apartment buildings, approximately 22
of them.
Hektoen stated that the majority of the area is already zoned RM -12, this rezoning is just
"cleaning up" the boundary lines to conform to the new preliminary plat.
Freerks opened public hearing.
John Hieronymus (3322 Muscatine Avenue) representing the Hieronymus Family Partnership
that is applying for the rezoning and the plat approval. He was happy that they were able to work
with City Staff to achieve a solution that works for all.
Freerks shared that she was happy that an agreement could be reached by all as well.
Freerks closed the public hearing.
Thomas moved to approve REZ14-00008, a rezoning of 1.36 acre parcel from single-
family residential (RS -5) to multi -family (RM -12) and SUB14-00008, a preliminary plat of
Silver Slope, a 21 -lot, approximately 17 -acre residential subdivision located at the
northwest corner of Muscatine Avenue and Scott Boulevard.
Planning and Zoning mmission
February 19, 2015 — F rmal Meeting
Page 3 of 15
Marti seconlO the motion.
Freerks d that the Commission has seen this area in flux for some time and now thinks this
will be a nice addition to the area and was happy to see the outlot was kept intact, that green
space is important.
A vote was taken and the motion carried 6-0.
REZONING ITEM REZ16-00003
Discussion of an application submitted by Johnson County Board of Supervisors for a rezoning
from Intensive Commercial (CI -1) to Neighborhood Public (P-1) zone for approximately .275
acres of property located at 800 S. Dubuque Street.
Miklo introduced Tim Hennes, the Senior Building Inspector.
Hennes presented the staff report, stating the applicant, Johnson County, requests that the
subject property located at 800 S. Dubuque Street be rezoned from Intensive Commercial (CI -1)
to Neighborhood Public (P-1) in order to bring the property in compliance with Section 14-2F of
the Zoning Ordinance, which states the property owned by the County should be P-1
neighborhood public zone. Hennes showed a map of the location of the property. Johnson
County owns the adjacent lots south and west of 800 S. Dubuque St. which are already zoned
Neighborhood Public (P-1).
The property is in the Central Crossings sub -district of the Riverfront Crossing Plan and
according to the plan the designated use for this property is public use. Hennes stated that
conversation with the County Staff indicates they intend to extend the ambulance facility,
consolidate the Johnson County Medical Examiners facility, and provide storage for the auditor's
office voting equipment.
Staff encourages the County to make a good faith effort to comply with the Central Crossings
Development Standards which include building placement and form. Specifically, a ten feet (10')
setback should be maintained between the new building and the south property line at 808 S.
Dubuque St - this setback is a Riverfront Crossings setback standard to ensure adequate
separation between structures if/when the property to the south redevelops. Also, an effort
should be made to conform to the general design requirements identified in the form based code
which include building entries, windows, building materials, awnings & canopies and outdoor
mechanical equipment. Staff will share the Form -Based Development Standards with the
County's architect for this project.
Staff recommends that REZ15-00003, an application to rezone 12,000 S.F. (0.275 acres) of
land located at 800 S. Dubuque Street from Intensive Commercial (CI -1) to Neighborhood
Public (P-1) be approved. The zoning ordinance requires the property be owned by the public
and be zoned public.
Freerks opened public hearing.
Josh Busard, Johnson County Planning and Zoning Assistant Planner, requests that this parcel
be rezoned, it is owned by Johnson County and is going to be used for the ambulance building
civic use.
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 13 of 23
Miklo pointed out what happened on Washington Street in the CB -2 zone was the cause for the
concern for the future of this area and Freerks is requesting Staff look at form -based codes or
some other way to allow for redevelopment for non -historic properties in a way that protects the
integrity of the neighborhood.
Swygard seconded the motion.
A vote was taken and the motion carried 6-0.
REZONING / DEVELOPMENT ITEM (REZ14-00008/SUB14-00008
Discussion of an application submitted by Hieronymus Family Partnership for a rezoning of
1.36 acres from Low Density Single Family (RS -5) zone to High Density Single Family (RS -12)
zone and for a preliminary plat of Silver Slope, a 24 -lot, 17.85 acre residential subdivision
located north of Muscatine Avenue and west of Scott Boulevard.
Miklo began by showing a map of the area, a portion is zoned RM -12 Low Density Multi -family
and the remainder is zoned RS -5, the proposal is to rezone a small area that is RS -5 to RS -12
to reflect the change in the design of the preliminary plat. Miklo said that the Planning and
Zoning Commission reviewed and recommended approval of a preliminary plat for Silver Slope
in June 2014. In that plan a cul-de-sac was planned as well as a Outlot B for preservation of a
grove of trees and three residential lots on Muscatine Avenue, one has a small house on it, one
is vacant, and the third has the Hieronymus family home on it. Prior to City Council
consideration of the plat, the applicant requested that the plat and associated rezoning be put
on hold. Now the applicant has redesigned the plat, it includes the same design for Silver Lane,
the cul-de-sac, but no longer includes Outlot B or the three lots on Muscatine Avenue. When
this was reviewed last summer, the Commission issued a waiver to the subdivision standards in
terms of a cul-de-sac not connecting to adjacent properties. The rationale for that was the
applicant wanted to preserve the open space and trees on Outlot B so that was accomplished
with the previous version of the plat.
Miklo said that the applicant is no longer perusing that plan, so now that Outlot B and adjacent
lots have been removed from the subdivision, there is no longer a reason that Silver Lane can't
be curved and extended to the south property line. This would provide the future development
of the 3+ acres of land located between Silver Lane and Muscatine Avenue. Although the
applicant may have no plans to further develop his property and sees no need to provide for
future street connectivity, Staff believes that over time as property ownership changes, there will
likely be demand for further development. It is best that it be planned for to avoid another non -
connected street. Otherwise the property that has been removed from the plat could be
subdivided in the future resulting in a cul-de-sac street that would run parallel to Juniper Drive.
This as well as the currently proposed design for Silver Slope would be counter to the
Subdivision Standards that call for street and pedestrian connectivity and discourage cul-de-
sacs except where there is a reason, such as the preservation of open space. If the subdivision
included the property shown as Outlot B on the previous version of the plat as open space,
there would be a rationale to approve a cul-de-sac on Silver Lane.
Based on non-compliance with the Subdivision Code's standards, staff recommends that this
version of Silver Slope preliminary plat be denied. Staff also sees no reason to amend the zoning
Planning and Zoning C mission
February 5, 2015 — For al Meeting
,age 14 of 23
boundary until there is an acceptable subdivision design.
Staff recommends denial of REZ14-00008, a rezoning of 1.36 acre parcel from single-family
residential (RS -5) to multi -family (RM -12) and SUB14-000081 a preliminary plat of Silver
Slope, a 19 -lot, approximately 12.48 -acre residential subdivision located at the northwest
corner of Muscatine Avenue and Scott Boulevard.
Hektoen stated that typically the zoning boundary follows the lot line so staff recommendation is
that if the Commission does not recommend this plat you should also deny the rezoning
because there is no lot line.
Eastham asked with the proposed plat, what would the access be to the area zoned RM -12.
Miklo replied that it would likely be off of Silver Lane, the site plans standards state that if there
is an alternative to an arterial street the alternative street would need to be used. Miklo stated
there is a concept plan for townhouse type housing on property and that would have to be
amended and approved by staff if this subdivision is approved, the driveway would likely be off
Silver Lane.
Freeks opened public hearing.
John Hieronymus is representing the Hieronymus Family Partnership that is proposing this
development. That partnership consists of five siblings and they are all equal partners in the
property. He pointed out the large number of properties across the street from his property in
the Village Green area that are single road access properties. Hieronymus also showed a map
showing the variety of housing in the area with the mobile home park down Scott Boulevard, the
Legacy Point Senior Housing, currently right across Muscatine is a higher density residence
area, then there is a big farm lot and then the Arlington Heights neighborhood with some more
upscale larger homes and the Village Green neighborhood across the street and the
neighborhoods of Court Hill that are more normal sized, modest homes. And there is the Scott
Park area, a large green space with the Scott Trail, and there will also be the new school at the
end of Muscatine down by Taft. That shows this is an area that needs some development and
development is continuing. This particular area would have 22 townhomes on a 3 acre lot on
Muscatine, and yes the access would be off of Silver Slope for those units. Then the 19 single
family lots that would make up the remainder of the subdivision.
Hieronymus said that the development would have a benefit to the City as the developer has
been asked and have agreed to put a sidewalk along the entire area of Muscatine Avenue from
Scott all the way to Juniper Street. That is not property of the developer but has been expected
of us, and the cost to the family will be approximately $70,000 because in addition to removing
all the trees and shrubs there also has to be a change of grading, a retaining wall put in along
part of the area, and also moving utilities that are in the area. Hieronymus pointed out on the
map the section that has already been developed, there are three properties there. The
property on the right is about two acres, the property in the middle is his home, and then there is
a one acre lot as well. Those lots were developed in 1950 and have a lot of mature trees and
the biggest reason not to put the street through this area was because these were his family
home and the area has become an arboretum over the past 60 years. Originally it was bare
farm ground and now has over 200 variety of trees and shrubs and provides a habitat for lots of
small animals and is especially rich in birds. It has been home to over the last two years to two
great horn owls and lots and lots of song birds. The family has approached the heritage
commission to put this area into a heritage trust, they took it to their board and because the area
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 15 of 23
is not native plants and not native trees it didn't fit their mission and they didn't approve it.
However, that is still a goal, to preserve the area as an arboretum, to live on it and to improve it.
As a representative for the Hieronymus Family Partnership they believe that this proposal fits
the requirements of the code specifically because in order to put this subdivision in, it has to go
in as a cul-de-sac because with all of the surrounding areas already have been developed,
there is no way to put in this subdivision without interfering with existing neighborhoods.
Duane Musser, MMS Consultants, has been involved with this property since approximately
2011. Since then they have gone through several different designs, two separate construction
plans and concepts with the Hieronymus family and City Staff. Musser believes this current
design is the best fit for this property for many reasons. One being the location of the street off
of Scott Boulevard that is critical for the grading. The grading on this site is very challenging,
there is well over a 50 foot of fall in a north/south direction. So that is very challenging for an
engineering firm for trying to build sellable lots and keep the costs down and the dirt moving
down and try to make the site balance. To make this site balance now with the current design,
they are not tying the street to any adjacent property owners which gives them the freedom to
not only grade the site to make as many walk -out lots as possible (as everybody knows, those
are very popular) but also gives them the freedom to not tie the street to any other adjacent
property and be able to balance the site and move the contours up and down. Some of the other
advantages of that is the ability to control the water on the site and get the swales and water as
required to the stormwater basin. Another advantage of not connecting the street is they are
able to keep the street grades flatter, one of the challenges of running the street through is they
were getting into excess of 8% street grades to try to get back in and tie into that south
boundary. Now there are street grades of 5% or less. To connect the streets would have
required quite a bit of dirt removal and that would have increased the cost of the development.
Another factor with this design is the ability to get the same number of lots with a variety of lots
and lot sizes.
Hieronymus stated that City Staff is not recommending approval of the subdivision, and gave
the family two alternatives. One was to put in a through street. He had MMS draw a quick
sketch of what that would look like which shows the addition of little lots that couldn't be built on.
There are many problems when you try to put in a through street, first the partnership that owns
the 12 acres does not own any of those properties the through street would need to tie to, and
the owners of those properties are not willing to sell it to the partnership. To try to curve that
street, it eliminates three lots in the subdivision, and also it would provide a cut -through street
that travelers could use to avoid the Scott Blvd/Muscatine Avenue intersection which is very
busy. Hieronymus stated the next issue is that this is a wooded lot and only 50% of a wooded
lot can be developed. He indicated on the map the trees that are grove trees (more than 12 feet
in diameter) and they are all 40 — 60 years old. This tree grove provides a wind break for all the
area around it, especially the Juniper Street area. If that street were to go through, and with all
the grading and dirt removal and removal of trees obviously that wind break would no longer be
there. Hieronymus said it is possible, so they've been told, that they can dead end a street right
at the end of the property but that doesn't change any of these ultimate outcomes. If someone
were eventually to develop the property, they would need to go ahead and put this street
through, which would cause all these problems discussed and in the meantime it's a dead end
street.
Hieronymus provided the Commission with additional materials, one shows the exception and
modification requirements, with the estimates of the costs if the through street went through.
The exception also shows it does not hinder public safety in any way. Hieronymus doesn't think
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 16 of 23
the proposal needs an exception, however if that is what the Commission needs to move it
along to City Council he has provided the justification.
Hieronymus continued with discussion of the detention basin, showing where it would be
required to go. That area was originally a pond, it was filled with porous material when College
Street was changed into a pedestrian mall and a lot of that fill was hauled out to this property
and dumped out here. So it acts as a natural sink, what happens is the water that does drain
from the ridge down into the basin goes right into the ground. At one point, to appease City
Staff, Hieronymus was going to divide up his lot, but then was told he could not do that, and he
could not phase this project in and make it a second phase it has to be a final plat. Additionally
when this plat came before the Commission on June 5, 2014, he was informed by Staff on that
day it wasn't sufficient to put in a detention pond with a normal pipe that would take it away as
stormwater that the property would have to be graded toward Muscatine Avenue so that if that
pipe got filled, and the detention pond overflowed, the water would naturally flow to Muscatine
Avenue. After that plat was approved, Hieronymus walked the land again the next day and
called Staff and said it could not go before the City Council because it would not work.
Hieronymus showed photos of the area, and explained how the grading would adversely affect
the homes already in the area. Staff has also recommended that Hieronymus put a shared
driveway between two of the lots, and that shared driveway would go right where trees are and
a large bank. He showed another photo of the trees in the proposed subdivision area that they
are trying to preserve. Hieronymus stated all the changes, even the ones from the plat that was
previously approved are unworkable, and they destroy the value of both the existing lots. So in
conclusion he would like to go back to what the Hieronymus Family Partnership is trying to do.
They are trying to put in a 12 acre development, which includes 3 acres of multi -family housing,
townhouse style, and 19 single family lots. It makes full use of the 12 acres, it best fits the
contour of the land, it provides for different types of housing, it meets the requirements of the
code, seeing how the existing area around it, completely surrounds it with existing development.
It doesn't have a negative impact on the existing neighborhood and they have considered all the
alternatives they or the staff could come up with and none of the alternatives are workable.
Freerks asked Miklo to bring up the plat that was approved in June to see the area where the
detention pond was to go. Miklo pointed out the already plotted lots and the area in question
regarding the drainage issues but was unsure of where the detention basin was for that portion
of the property. Miklo also addressed the question of the shared driveway and he was unsure if
the location of the shared driveway was ever identified.
Miklo asked Musser to show the detention pond area. Musser explained that they are talking
about a second stormwater detention basin that would be needed if John Hieronymus' personal
property was also developed. Freerks stated she is still struggling with what the Commission
approved before with the requirements now for the additional detention basin and shared
driveway. Hektoen explained that those requirements would only need to take effect if the
property was developed, it was not necessary for final plat Hieronymus stated however that if
they followed through with that plat that was approved in June, it would devalue the one acre lot
and he would not be able to sell that one acre lot if desired. He does expect sometime in the
future to sell off that one acre lot. Freerks did state that the Commission has to follow the
subdivision policies however and use those as guidance and adhere to them. Miklo stated that
the individual lots that already are plotted can be sold tomorrow, they are not contingent on the
subdivision design. The importance is to get Outlot B protected, so one solution is to plat that
area to establish the Outlot B.
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 17 of 23
Angela Villhauer (912 Juniper Drive) stated that her husband and her have followed this
discussion from the very get -go and it keeps bringing up a few concerns. They were concerned
when the proposal was a dead end street, with the idea of putting a through street should it be
further developed, and does see the likelihood that people will cut through there from Scott Blvd
to get to Muscatine to avoid the high traffic areas. Villhauer stated she is not against
subdivisions or developments as new homes in her development will help stabilize values, it will
attract new families to the neighborhood, but she does think it is important that those
subdivisions dovetail what is already there. And by totally changing the whole landscape and
adding a through street doesn't really dovetail it. Miklo stated that the through street is not on
the table at this point. Villhauer reiterated that her husband and she support the subdivision,
and they don't want the through street and as the discussion has been brought up about
grading, they live on the downside of that area and even with a water retention and piping it
changes the way the water flows to those homes and they currently already have a sump pump
that runs year round because it is a low area and water runs that way. So in looking at this,
putting in a cul-de-sac is the best plan, leaving that whole entire property to the Hieronymus
family without having to do additional grading or additional water detentions, really supports
everyone. It provides green space and also tax dollars, they have to pay property tax, they
have to maintain it, and they do keep that property up.
Beth Hieronymus (3322 Muscatine Avenue) and owns the property that is the overriding
question and would support a motion to defer. Her question is as the homeowner of the private
property that has nothing to do with the development, would be Outlot B. Who would maintain
that property if it were set aside, because right now the Hieronymus family maintains it and it is
part of the property they pay property taxes on. When she looks at the value of her property
she has her home, and she has property. If she were to take two acres out of her property then
they have devalued that lot as a whole. The family purchased this property to maintain and
enjoy all the lovely trees, animals, etc and knew the obligation of keeping that property
maintained. And if someone down the road wants to subdivide that property the City has the
right to say no. Miklo asserted that if the subdivision meets the zoning, the City cannot deny.
Freerks closed public hearing.
Eastham moved that this item be deferred until the next formal meeting.
Theobald seconded the motion.
Eastham asked Miklo to summarize exactly what is at issue for this item. The staff
recommendation is for the development of single family homes in a multi -family area with
streets connecting with Muscatine and Scott. Miklo corrected that the staff recommendation is
the plat that was approved last summer which has the cul-de-sac with single family homes on it,
it preserves the wooded area as Outlot B, and then the three lots that the Hieronymus family
owns be included. Miklo feels that they can look at this property and explore not including the
existing lot on Muscatine that the Hieronymus family owns as part of the subdivision, provided
the grove of trees is set aside an outlot. If the wooded area is not set aside as an outlot then the
plat does not meet the exception for the subdivision codes.
Eastham asked if he recalls correctly that when this plat was recommended for approval in
June, there was discussion of public safety concerns regarding the subdivision being connect to
Scott Blvd rather than Muscatine Avenue as they are both arterial streets. Freerks confirmed
Planning and Zoning Commission
February 5, 2015 — Formal Meeting
Page 18 of 23
that was discussed a length at that time.
A vote was taken and the motion carried 6-0.
DEVELOPMENT ITEM _(SUB15-00001
Discussion of an application submitted by Southgate Companies for a preliminary plat of
Highlander Fourth Addition, a 17 -lot, 39.98 acre commercial subdivision located north of
Northgate Drive.
Miklo explained that the rezoning of this property was approved at the last meeting of the
Commission. It had been zoned Interim Development -Office Research Park (ID -ORP) and in
January the Planning and Zoning Commission reviewed and recommend approval of a rezoning
to Commercial Office (CO -1). The rezoning is currently pending before the City Council. The
applicant is now requesting approval of a preliminary plat to subdivide the property into 17 lots.
Initially street access to this property will be via Northgate Drive, which intersects with Dodge
Street (Highway 1) Northgate will be extended to the north side of this subdivision where it will
end in a temporary turn around. In the long-term Oakdale Boulevard is planned to cross the
northern portion of this property to provide additional access to Highway 1. This subdivision
will provide for the dedication of the right-of-way for Oakdale Boulevard, but rather than
install the street at this time, the developer will pay the cost of the construction of a 28 foot
wide street (the City pays the oversize cost for collector and arterial streets). Construction
of Oakdale Boulevard will be delayed until plans for the street to the west are solidified. A
temporary turn around will be provided at the end of Northgate Drive and Century Drive until
such time Oakdale Boulevard is built.
The subdivision complies with the City's subdivision polices. Outlot A located on the south side
of the subdivision contains stormwater management facilities that were installed with previous
phases of the Highlander development. These basins will be enlarged to provide stormwater
management for the larger subdivision. Preliminary stormwater management calculations
should be submitted to the City Engineer for review.
The sensitive areas map indicates potential wetlands on Outlot A. In 2002 the when the
Highlander Development 3rd Addition was reviewed, it was determined that this area does not
contain jurisdictional wetlands and is not subject to the sensitive areas provisions of the zoning
code. The applicant should verify that a Section 404 permit is not required prior to development
activity.
A water main extends on fees of $415 per acre and sanitary sewer tap -on -fee of $895 per acre
apply to this subdivision. Payment of these fees will need to address the legal papers at the time
of final plat approval.
There are a couple of issues that have not been resolved, and that is the naming of the
east/west street. It is thought that it will eventually connect to Highway 1 and then would
intersect with Moss Ridge Road. So following the City's naming conventions, it should be
named Moss Ridge Road rather than Clear Ridge Road and that is a deficiency that will need to
be resolved. And also there are a few technical items that need to be correct for the City
Engineer, they have not finalized their review of the plat. At this point Staff recommends
,7�
Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ14-00008)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.36 ACRES LOCATED AT THE
NORTHWEST CORNER OF MUSCATIVE AVENUE AND SCOTT BOULEVARD FROM LOW DENSITY
SINGLE FAMILY RESIDENTIAL (RS -5) TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12).
(REZ14-00008)
WHEREAS, the applicant, Hieronymus Family Partnership, has requested a rezoning of property
located near the northwest corner of Muscatine Avenue and Scott Bouleva7frLow Density Single
Family Residential (RS -5) to Low Density Multi -Family Residential (RM -12); and
WHEREAS, this 1.36 acres as shown as right-of-way adjacent to an Rned lot on the Terra
Verde Final Plat; and
WHEREAS, in lieu of Terra` rde, the applicant has submitted Silver lope, a new plat, showing a
change to the street configuratioulting in this 1.36 acres being inc or orated into the adjacent multi-
family lot; and
WHEREAS, the existing RM-1\30,
which this propert is being added is subject to the
Conditional Zoning Agreement recorded723, Page 906-912 n the records of the Johnson County
Recorder's Office, requiring that sidewallled adjacent to scatine Avenue and Terrence Lane at
the time Terrence Lane in Terra Verde ind requiring that/be multi -family buildings be constructed
in substantial compliance with a Novem0 site plan andbuilding elevations; and
WHEREAS, a Conditional Zoning AgreementI
necessa to reflect the change in the vacation of the
Terra Verde final plat including Terrance Lane to hire tha sidewalks be installed adjacent to Muscatine
Avenue at the time Silver Lane, the replacement stree for T9trance Lane, is paved; and
WHEREAS, the Planning and Zoning C/CICOU
has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to tnal oning Agreement attached hereto and
incorporated herein, property described below iclassifi from its current zoning designation
of Low Density Single Family Residential (RS-5nsity Mu i -Family Residential (RM -12):
Commencing at the East Quarter Cor r of Section 13, Towns ip 79 North, Range 6 West, of the
Fifth Principal Meridian; Thence S87° 5'12"W, along the South li a of the Northeast One -Quarter of
said Section 13, a distance of 5 0 feet, to the POINT OF EGINNING; Thence continuing
S87°35'12"W, along said South lin 340.00 feet, to the Southeast c ner of a Tract of Land described
in the Warranty Deed, as record in Book 1146, at Page 59, in the ecords of the Johnson County
Recorder's Office; Thence N01° 0'01"W, along the East line of said W anty Deed, and its Northerly
extension thereof, 527.19 fe ; Thence N44°52'58"E, 80.43 feet; Thence S45°07'02"E,,2$.16 feet;
Thence Southeasterly, 17 .66 feet, along an arc of a 150.00 foot radius curve; concave
Northeasterly, whose 164. foot chord bears S78°17'00"E; Thence Northeastqrly .90.6 et, along
an arc of a 150.00 foo radius curve, concave Southeasterly, whose 89.30 666: cNard beii
N85°52'01"E; Thence S7 °48'58"E, 13.77 feet, to a point on the West line of Pard'"of tt�e Ralst6i
Creek South Property Acquisition Plat of Survey, as recorded in Plat Book 19, at -Page 64, in said
Records; Thence S01 030'01 "E, along said West line, 33.29 feet; Thence S88029'5. `W 27.96 fie l",
Thence S01 °30'01 "E, 434.89; Thence N88023'07"E, 279.96 feet, to a point on �"saad WpAt line -ef
Parcel "3"; Thence S01030'01"E. along said West line, 52.29 feet, to said POINTybF:BEGINNING,"
containing 1.36 acres, more or less, and subject to easements and restrictions of record. ,
SECTION 11. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
,ordinance No.
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of he Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the vaf ity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitu onal.
SECTION VII. EFFECTIVE DATE. This Ordinance shall b in effect after its final passage, approval
and publica ion, as provided by law.
Passed knd approved this day of , 20_
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
03-23-15
5b
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00001)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 3.97 ACRES OF PROPERTY FROM INTENSIVE
COMMERCIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS — SOUTH GILBERT (RFC -SG) LOCATED
AT 1201 S. GILBERT ST. (REZ15-00001)
WHEREAS, the applicant, 1201 Gilbert LLC, has requested a rezoning of property located at 1201 South
Gilbert Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — South Gilbert (RFC -SG); and
WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an
integral part of the City's Comprehensive Plan and the subject property is located in the South Gilbert
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the Riverfront Crossings — South Gilbert (RFC -SG) Zone was developed to help implement
the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more
pedestrian -friendly character along Gilbert Street by enhancing the streetscape and overall aesthetics,
tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the
side of buildings, and creating a place where people can live close to the Iowa River, Ralston Creek and a
proposed riverfront park, and to shopping, restaurants, and other services; and
WHEREAS, the requested rezoning will result in a significant increase in the residential population in the
area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian
streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right-
of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert
Street, and for access to parking areas interior to the block will be needed to ensure public safety and to
provide a more attractive environment for residential living; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Gilbert
Street right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk and
an public access easement is granted to establish a rear lane for vehicular access to parking areas and
future traffic circulation between neighboring properties; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs
caused by the requested development to ensure appropriate development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Intensive
Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG):
LEGAL DESCRIPTION
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF
COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's
Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book
16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01001'45"E, along the
West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 °01'45"E along
said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet; Thence N08°00'11 "E, 445.88 feet, to a
Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88°41'01 "E,
along said Westerly Extension and North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence
N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2015.
MAYOR
ATTEST:
CITY CLERK
App oved by
*e("' -
City Attorney's Office �� 1311
-'�
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/23/2015
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton,
Botchway, Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), 1201 Gilbert LLC (hereinafter "Applicant"), and Miller and Maske LLC
(hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 3.97 acres of property
located at 1201 S. Gilbert Street in Iowa City; and
WHEREAS, the Applicant has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure an appropriate environment for residential living, including access to parks,
trails and public space amenities, -improved pedestrian and bicycle safety and comfort and to
provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with
the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan and the need for a safe,
attractive, and comfortable environment for residential living, including access to parks, trails,
and public space amenities, and improved pedestrian, bicycle, and vehicular routes.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Miller and Maske LLC is the legal title holder of the property legally described as follows:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S
ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of
Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page
84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along
the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing
S01 °01'45"E along said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet;
Thence N08°00'11 "E, 445.88 feet, to a Point on the Westerly Extension of the North Line
of said Vacated Block Three; Thence N88°41'01"E, along said Westerly Extension and
North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Thence N88°41'01 "E, 120.00
feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
1 of 4
of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and
Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further,
the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa
City may impose reasonable conditions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs caused by the
requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions to be satisfied upon redevelopment of the
property:
a) Prior to the issuance of any building permit, Owner shall dedicate land necessary for
the pedestrian street rights-of-way, Ralston Creek pedestrian street, and Gilbert Street
right-of-way improvements, as shown in the Downtown and Riverfront Crossings
Master Plan, as follows and as illustrated on the "Block 6" Exhibit, attached hereto and
incorporated herein:
L 40' of land dedication along the Gilbert Street frontage; and
ii. 11' of land dedication along the northern property line; and
iii. 35' of land dedication along the southern property line; and
iv. 30' of land dedication along the west property line as measured from the top of
bank of Ralston Creek.
b) Prior to issuance of any building permit, Owner shall grant a 30 -foot wide public cross -
access easement in a location running the length of the property parallel to Gilbert
Street to be located between an area that is 122 feet west of the current east property
line and 166 feet west of the current east property line (as illustrated on the attached
Block 6 Exhibit), the exact location therein to be determined by the City, the purpose of
which is to provide traffic circulation and access to rear parking areas for the subject
property, as well as for adjacent properties located along Gilbert Street from Kirkwood
Avenue to Highway 6. At the time of development of the subject property, Owner shall
pave this public cross -access easement with a minimum 20 -foot wide private rear lane
that provides access to parking areas located behind buildings as illustrated on the
"Block 6" Exhibit, attached hereto and incorporated herein.
4. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. 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.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the ,parties.
8. 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.
2of4
9. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
2015.
C�A
I)y,Miliaske L C
by: 1201 G)t6ert LLC b-3 '12.ar•i�.t M:blo.�-�
"
This instrument was acknowledged before me on , 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
3of4
MILLER AND MASKE LLC ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on MgreJn 2-0 , 2015
by r-'S�f4 "c.A L (Name(s) of individual(s) as
( Ncv.,\a-Q/ (type of authority, such as officer or trustee) of
of MILLER AND MASKE LLC.
ary Public in and for said County and State
(Stamp or Seal) aPR� SF RACHEL A. MILLER
Commission Number 776867
Title (and Rank) My
yFebmuary Commission
�OWP
My commission expires: Z 5
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA
)ss, -
JOHNSON
ss:JOHNSON COUNTY )
This instrument was acknowledged before me on Vvu,,-Je. 2- , 2015
by ��a•� (Name(s) of. individual(s) as
O-,/' (type of authority, such as officer or trustee) of
1201 GILBERT LLC.
Notary PubliE in and for the State of Iowa
(Stamp or Seal) =--:4
Title (and Rank)
My commission expires: P- 3/- /G
4 of 4
A
O
a
a
�������3
_ ..
w
0
d) 7\-D 0"-\
I
W
W
O
5b
To: Planning and Zoning Commission
Item: REZ15-00001
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Karen Howard
Date: February 19, 2015
Applicant: 1201 Gilbert LLC c/o Randy Miller
320 E. Prentiss St. Suite 102
Iowa City, Iowa 52240
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Randy Miller
randymmiller@gmail.com
Rezone from Intensive Commercial (CI -1) Zone to
Riverfront Crossings — South Gilbert (RFC -SG)
Redevelopment according to the Riverfront
Crossings District Plan and form -based code
1201 S. Gilbert Street
3.97 acres
commercial / CIA
North: commercial (CI -1)
South: commercial (CI -1)
East: commercial (CI -1)
West: site of future riverfront park (P1)
January 29, 2015
March 15, 2015
The subject propert is located at 1201 S. Gilbert Street in the South Gilbert Subdistrict of
Riverfront Crossings. It is one of three large commercial properties that front on S. Gilbert Street
between Kirkwood Avenue and Highway 6. Nagle Lumber Company currently operates at this
site. To the north is Aero Rental and to the south is Pleasant Valley Garden Center. There is also
a small property that fronts on Gilbert Street adjacent to the northeast corner of the Nagle Lumber
site, which contains a small commercial building that is currently operated as a pet grooming
business. The Nagle Lumber property backs up to Ralston Creek and the decommissioned North
Wastewater Treatment Plant, which will be demolished this year as a part of the City's flood
mitigation efforts. Over the next several years this site will be transformed into a new riverfront
park. Due to the importance of these three properties in relation to the new park and Ralston
Creek, the Riverfront Crossings Plan and the form -based zoning code have specific goals and
requirements that apply when these properties are redeveloped.
The applicant held a "good neighbor" meeting on February 12.
ANALYSIS:
Current Zoning: The Intensive Commercial (CI -1) Zone is intended to provide areas for those
sales and service functions and businesses whose operations are typically characterized by land
intensive commercial uses that have outdoor storage or work area components, back office
functions and wholesale sales businesses, and commercial uses with quasi -industrial aspects.
Due to the potential for externalities such as noise, dust, and odors from the allowed uses in this
zone, residential uses are not allowed in this zone.
Proposed Zoning: The Riverfront Crossings form -based zoning for the South Gilbert Subdistrict
(RFC -SG) would be a significant upzoning, since the CI -1 Zone does not allow any residential
uses and has a height limit of 35 feet. The RFC -SG zone allows for a broad mix of commercial
and residential uses, similar to uses allowed in the Central Business Zones and has a maximum
height limit of 6 stories, with an upper story setback of 10 feet required along all primary frontages
above the 4th story. Bonus height may be allowed up to maximum of 8 stories. Unlike the CI -1
Zone, the Riverfront Crossings code allows for a variety of building types (Townhouse, Multi -
Dwelling, Live -Work Townhouses, Commercial, Mixed -Use, and Liner buildings).
In this particular location, the form -based code has specific frontage requirements due to its
important location next to the future riverfront park. The code designates Gilbert Street as a
primary street with a required retail storefront frontage, which means that the site will be required
to have a mixed-use building that fronts on Gilbert Street with the ground level floor designed for
commercial uses. Two new pedestrian streets will be required along the north and south sides of
the property extending west from Gilbert to Ralston Creek. The property also has a Ralston Creek
Frontage required along the west side of the property, which must be configured as a minimum
30 -foot wide pedestrian street that includes a public trail and buildings that have entries that open
toward the creek. Buildings must be located close to and oriented toward all these primary streets
with entries opening onto an improved streetscape designed to provide a comfortable and
attractive environment for pedestrians. Parking must be located behind or within buildings that
front on these four primary streets. Vehicular circulation and access to park areas or structures
will have to be provided from a north -south alley that is located such that it can provide cross -
access and traffic circulation for all properties along Gilbert Street between Kirkwood Avenue and
Highway 6 as they redevelop in the future.
Given that the right-of-way for Gilbert Street is currently not wide enough to provide the pedestrian
environment necessary to support such an increase in commercial and residential density, staff
recommends that with any rezoning along this frontage that land be dedicated to the City to
increase the right-of-way according to the street cross-section illustrated in the Riverfront
Crossings Plan. In addition, the pedestrian streets, including the Ralston Creek pedestrian street
will be required in order to comply with the zoning code, so the portion of these pedestrian streets
that fall on the subject property will also need to be dedicated to the City. With regard to the
Ralston Creek frontage, the 30 -foot right-of-way should be measured from the top of bank to
ensure that there is enough space for the public trail with a buffer from the creek edge and to
ensure privacy for the future residents along this new frontage. For this particular property, staff
recommends that the following land be dedicated to the City as a condition of the rezoning (see
attached illustration):
• 40' of land dedication along Gilbert Street;
11' of land dedication along the northern property line;
• 35' of land dedication along the southern property line;
• 30' of land dedication along the west property line as measured from the top of bank of
Ralston Creek.
3
Since the timing of proposed redevelopment of the property is uncertain at this time, staff
recommends that the dedication occur prior to issuance of a building permit for any
redevelopment on this property.
It should be noted that these new street frontages will provide a means for the developer to realize
the full development potential of this large site, since according to the Riverfront Crossings form -
based code all new buildings must have frontage along a street. The new pedestrian streets and a
wider area for pedestrian movement and streetscaping along Gilbert Street will provide an
attractive environment for future residents with access and views into the new riverfront park. To
that end, the applicant has agreed to dedicate all the necessary right-of-way as noted above.
Sensitive Areas: Ralston Creek is a regulated stream corridor according to the City's sensitive
areas ordinance and as such a 30 -foot buffer between development and the edge of the creek is
required. As noted above, the applicant has agreed to dedicate to the City 30 feet of land along
the west side of the property as measured from the top of the bank of Ralston Creek. Such
dedication will ensure compliance with the sensitive areas ordinance and the Riverfront Crossings
form -based code. A sensitive areas site plan delineating the stream corridor, the top of the bank,
and the 30 -foot buffer to be dedicated to the City of Iowa City for a pedestrian street will be
required as a part of site plan review prior to redevelopment of the site.
Compliance with the Comprehensive Plan: The Downtown and Riverfront Crossings Master
Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan. In
addition, a more detail sub -area plan for this portion of Riverfront Crossings was adopted in
2011. The subject property is located in the South Gilbert Subdistrict of Riverfront Crossings.
The master plan and subarea plan highlight the defining features of this subdistrict, including the
potential for mixed-use buildings along a more pedestrian -oriented Gilbert Street and buildings
that front on tree -lined pedestrian streets that provide views and access to the new riverfront
park. In addition, the plan highlights the importance of restoring Ralston Creek and making it an
attractive environment for both the public and for future residents. In the original sub -area plan
adopted in' 2011, there is an emphasis on encouraging green infrastructure and best
management practices with regard to managing stormwater. The two pedestrian streets are
envisioned not only as means of pedestrian circulation, but also as a possible location for
bioswales that would filter and naturally clean stormwater run-off before it outlets into Ralston
Creek.
The applicant has provided a statement and concept plan showing how they envision
developing the site once Nagle Lumber has ceased operation. Since redevelopment is not likely
to occur for several years, detailed plans for redevelopment have not yet been drafted.
However, the applicant has indicated their intention to develop the site in a manner similar to
what is shown in the master plan with residential units fronting on to the pedestrian streets and
along the Creek and a mixed-use building along Gilbert Street. They anticipate that the buildings
will be between 3 and 6 stories in height.
The City has recently received a grant of technical assistance from the U.S. EPA to help us
develop a concept plan for restoration of the reach of Ralston Creek that is within the new
riverfront park and also to identify green infrastructure opportunities for surrounding private
development sites. The green infrastructure expert hired by the EPA highlighted these
opportunities and strategies at a public meeting on January 28. Staff recommends that at such
time as the Nagle property is redeveloped that green infrastructure options for stormwater
management be encouraged with the public pedestrian street providing a possible means of
filtering and conveying stormwater to the creek. However, the details and feasibility of the
stormwater system will need to be worked out at the time of development based on a more in
depth study of the conditions of the site and to ensure that the system works properly over time.
2
In summary, the proposed rezoning of the subject properties to RFC -SG is consistent with the
comprehensive plan, provided that land is dedicated to the City for the public rights-of-way
necessary to support the anticipated increase in residential and commercial density and to ensure
a healthy and attractive environment for future residents and visitors to this area.
Compatibility with neighborhood: The applicant has indicated their intention of developing
the site in a manner similar to what is shown in the Riverfront Crossings Plan. While adjacent
sites are zoned CI -1, it is anticipated that in the long term property owners will decide to take
advantage of the additional development possibilities afforded by Riverfront Crossings zoning
as well as the location next to a riverfront park. However, timing of such redevelopment is not
known. Staff believes that it will be possible to develop the Nagle property prior to
redevelopment of the adjacent properties even though the entirety of the pedestrian street
rights-of-way will not be acquired with this rezoning. Similarly, along Gilbert Street, if the Nagle
property is the first property to redevelop along this frontage, the additional right-of-way may
have to be improved to a temporary condition until additional right-of-way is acquired from
adjacent properties.
Traffic implications: With dedication of the aforementioned land for additional public rights-of-
way, pedestrian and vehicular traffic can be accommodated upon redevelopment. In addition to
the required dedication of land for public rights-of-way, staff recommends that prior to issuance
of a building permit, a public cross access easement be required in a location parallel to and
west of Gilbert Street in a manner that will provide safe and adequate traffic circulation and
access to parking according to the Riverfront Crossings Plan for the subject property as well as
all adjacent properties located along Gilbert Street from Kirkwood Avenue to Highway 6. At the
time of development this public cross -access easement must be constructed as a rear alley that
provides access to parking areas located behind buildings as illustrated in the Riverfront
Crossings Plan.
STAFF RECOMMENDATION:
Staff recommends REZ15-00001, a request to rezone approximately 3.97 acres of property
located at 1201 S. Gilbert Street from Intensive Commercial (CI -1) to Riverfront Crossing -South
Gilbert (RFC -SG), be approved subject to a conditional zoning agreement requiring that prior to
issuance of a building permit for any redevelopment on the site, the applicant:
• dedicate land necessary for the required pedestrian street rights-of-way, Ralston Creek
pedestrian street, and Gilbert Street right-of-way improvements as described in this staff
report; and
• grant a public cross -access easement in a location parallel to and west of Gilbert Street as
determined by the City that will provide safe traffic circulation and access to rear parking
areas for the subject property as well as for adjacent properties located along Gilbert
Street from Kirkwood Avenue to Highway 6. At the time of development this public cross -
access easement must be constructed as a private rear alley that provides access to
parking areas located behind buildings as illustrated in the Riverfront Crossings Plan.
ATTACHMENTS:
1. Location Map
2. Illustrations from the Riverfront Crossings Plan
3. Right-of-way dedication exhibit for Block 6
4. Applicant's statement, rezoning exhibit, concept plan and aerial photograph
Approved by: / 71'�
John Yapp, Developrrfent Services Coordinator
Department of Neighborhood and Development Services
=r
0
:E CL j
CD
0
O
0.
<
411
< CD
To
CD
w
(D 0
(D W
D < < CD
0)
3
0
f77 �-<, :3
0
n 4y
CD CD N
< CL 0
CD C :3
0
0
0 (n
-a CD (n cQ
0 0"
3
3
3
M C/)
o
f77 c: (D
cn
<
(D
CL cr 0
0
3
23
0
0
C:
3
cf
IL
rr
IIQ
m
Cn
1
1=10,
CD
O
C/)
m Cl)
0
14A
o
F5
C)
C)
S
ml
x
CL
south gilbert district
The South Gilbert District is located between Benton Street and
U.S. Highway 6 on the east side of Ralston Creek. The district
contains an eclectic mix of industrial and commercial uses. Similar
to the Park District, this district will utilize the future regional park
as a development catalyst. In addition, it will also benefit from
the future light rail stop that will be located on the east side of
the district. Gilbert Street will redevelop as a "main street,"with
mixed use buildings fronting on the street and structured parking
located to the rear. Retail will be located on the first floors of
these buildings, and residential and office uses will be located
above. Smaller residential courtyards will be located along these
east/west connections and provide green "fingers" into the Gilbert
Street corridor. In addition, upper end condos will overlook
the regional park and Ralston Creek, which will be restored and
enhanced.
South Gilbert District Summary
Master Plan Objectives.
> Capitalize on Highway 6 access and visibility
> Leverage future transit orientation
> Leverage amenity value of the proposed park
> Improve pedestrian and bicycle connectivity
> Restore and enhance conditions along Ralston Creek
Development Character:
> Urban frontage conditions
> Building heights comply with FAA regulations
> Emphasize connections to proposed regional park
Development Program:
> Multiple housing typologies, including condo towers,
apartments, and townhouses
> Limited office
> Possible small to mid-sized box
> Convenience retail
a WieeN
e
•000 •000 O Cf!
0400 O00a fff
e•f• •fo• ig •o
f
;SAtt$iS8•
f�
Z °
.ti
OW f f O
f
O f W
fW W f
Q `9f df+d0 iB
faf
mo®i •�
M
HIGHLAND AVE.
V._
97
! oc
a
f a o i s ma
BENiON ST.
"•
f o e
o ies aa• 's s s♦ •s
• esf
a f
s a
ee
a e
We® °a
s ff
Wf
�
e• •W
Z
•f of
9S °
m® ®
f�0•f•••U
+�,
b
•
i!W •f a
0®Z O�
! ��
f• ei
s •
®it®
° °
•
w®ao •• w°
p
• y
sW
!
f ! m
9 JI
T,
of f•
•e
A 9 a0 0 fff%
i B
w
f° f
• ff
W
a
!
o
• e !•
f fB
s
s
•f
ba(2fg a
RO W
rvnnP^�
fmf T0
®•
4
WW RW
fQ®®
° i
./t
a
e e
h
i e e m f a
f
cif o
KIRKWOOD AVE.
a WieeN
e
•000 •000 O Cf!
0400 O00a fff
e•f• •fo• ig •o
f
;SAtt$iS8•
f�
Z °
.ti
OW f f O
f
O f W
fW W f
Q `9f df+d0 iB
faf
mo®i •�
M
HIGHLAND AVE.
V._
97
pp M
9
0
1201 at the Crossings
1201 Gilbert, LLC on behalf of the owners requests the rezoning of this
approx. 4 acre parcel to River Front Crossings South Gilbert District.
We then can start the process to work with City staff to design a concept
following the master plan of the area.
With the de -construction of the waste water facility, initial discussions
on the public's input on the new park, and the mitigation of Ralston Creek,
the park will start to take shape in the next two to three years. This is a similar
timeline for 1201 at the Crossings.
It will take this time to work with staff, engineers, and architects to:
• Incorporate vehicular and pedestrian right of ways.
• Plan street and walkway scapes and trails.
• Explore options for the Crandic rail spur trestle as an access
point to the park.
• Decide on best option in regards to parking. A freestanding
structure or secure under -ground parking.
• Design and amenities of the residential portion with focus on:
a range of price points, a mix of studio -one-two bedroom units
over size decks and windows to view the park.
• Design of the mixed use building of commercial residential along
Gilbert St.
• Work with neighboring property owners on the overall plan.
We look forward to working on a design that compliments the overall
lifestyle feel in the South Gilbert District of River Front Crossings.
a0z
N
_O
F O H Q
-�,� 9 Z
F_
0 E" 25
3wo0
m O Q
w
wacn O
W
M
WZrnoQ }w
g
�
_
QZ
3
F S
� z
X zw� Z
W�=
PF -<ZZ
O
aRNg3
<����
C��Oz U
LLJL
Z °oW O
��g
Y�
w� (%�
N<W5
�mT
Z~
u < Z
W�aiU
O
O Z
W
Ol
LL,L
W°Oo �'
W z
zw
LL =0U
FM
U
LL a
O Q m Q
Wg
a a m}}
C zp F
ZC7C)
O?LLI
U'
aow0
g��3
COQ O
0.2
J U
aZ>
E
Q —
ooa�gog>U�>z
Vl Vl h y u)
w w O ~U
o �
gSo
W
F-.cN�lN
N N
N
m
-�,� 9 Z
F_
LO
O
o
11
LU ad
.CN.Wa
=
=
>Z z
C O z
N
r
moC,
I
W
$$° Q Q
N
A
v
>
Ur
Z
�o p�z
3
rna
E
Z
ooa�gog>U�>z
to
X1,0
0
16 N
p
c
ML-li93M OOC)�
R
8 z
GodBERT STREET
LEE,I- --m-J ► -- --I19 0
gp;p0}"�, i s01ro1'45'E 360.00'
�c
i
_ p r�^
80.00'
p �:0
8
�p
-Wft vu o &
k' -1: 51 -
z� a
SOWN.'
go
zg 9�C «ga
nF <aa$oom
u
i -v o 0 'p'9 8$
C n
W N<O
0ZOAO? €��uE£z
oY J
J 4 p J J W N O
Fdm_? is
V3o: oc«'flL rnn
O m°� ° gym_«
44> W '9 O CC CC
F O
O °
<�o o��NaEao
1h z o
a « ug o a$ c
Q ��o oa c F PF
�Vp mo��m gip°
LL �o< W
Z a fd r °'s o i.t o •K
_O O ' °u..;::t
I .W W N
Q �
HE
$uom€$€u
F`c.
Kz
UCC y Y p N
��� rnOL Y my
a Fut u� n 49c�� ♦ G
iSz: �i ovoiri
3- I L,OO.BO-i
8m
wz�WN
zZWc�
sgZW¢
go
z
W
No cv
t��l N
C
Imo"/- U
cjam Z
Loo
a
O Z
„
~
w
W
w ZQ
m
_
t
yy_�
-�
Q3:
�° J
n��
U
Z
z
W ZU-
U)
m Q
E
Q
LLI LU zo
13
o m a=a c'
0
0
33
p
U
N� Q 1—
Cn �
�'
°
o
u
u
0
��
I I
I I I I I 1 I
li3J�IS�LS W� �IIW��O
i I I
I 1 I
I I 1
1
I I �
I I
I
I I I I
1
I I
1
----------------
1 I
llllllllllllllllllll
I
I
I
I
I
I
I
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 4 of 15
Freerks asked Busard about the request in the staff report for the County make a the good faith
effort to comply with development standards with regards to building placement and design
requirements, and asked for if the County had planned to discuss that with the architect. Busard
confirmed that the County will speak to the architect about that.
Freerks closed public hearing.
Eastham moved to approve REZ15-00003, an application to rezone 12,000 S.F. (0.275
acres) of land located at 800 S. Dubuque Street from Intensive Commercial (CI -1) to
Neighborhood Public (P-1).
Theobald seconded the motion.
Eastham asked Miklo if the County could, even under the CI -1 zoning, build residential above the
uses indicated in the report. Miklo stated that residential was not allowed above commercial in
the CI -1 zone. Additionally Miklo stated that because the County owns the property, it is required
to be a public zone.
Theobald stated that this was a great opportunity to redevelop that area.
Freerks agreed, it is clear that public land should be labeled as public and this will bring the land
into compliance.
A vote was taken and the motion carried 6-0.
REZONING ITEM REZ15-00001
Discussion of an application submitted by Rogue Investments for a rezoning from Intensive
Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG) zone for
approximately 3.97 acres of property located at 1201 S. Gilbert Street.
Howard presented the staff report, first by stating that the application was submitted with the
incorrect applicant's name, the correct applicant's name is 1201 Gilbert LLC and that has been
correct in the City's records.
Howard showed a map of the area, the site is currently the Nagle Lumber site, and is zoned CI -1
intensive commercial, which allows quasi -industrial type uses or mixed commercial uses, but
does not allow any residential uses. The subject property is located at 1201 S. Gilbert Street in
the South Gilbert Subdistrict of Riverfront Crossings. It is one of three large commercial
properties that front on S. Gilbert Street between Kirkwood Avenue and Highway 6. Nagle
Lumber Company currently operates at this site. To the north is Aero Rental and to the south is
Pleasant Valley Garden Center. There is also a small property that fronts on Gilbert Street
adjacent to the northeast corner of the Nagle Lumber site, which contains a small commercial
building that is currently operated as a pet grooming business. The Nagle Lumber property backs
up to Ralston Creek and the decommissioned North Wastewater Treatment Plant, which will be
demolished this year as a part of the City's flood mitigation efforts. Over the next several years
this site will be transformed into a new riverfront park. Due to the importance of these
three properties in relation to the new park and Ralston Creek, the Riverfront Crossings
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 5 of 15
Plan and the form -based zoning code have specific goals and requirements that apply when
these properties are redeveloped. The proposed zoning, the Riverfront Crossings form -
based zoning for the South Gilbert Subdistrict (RFC -SG), would be a significant upzoning,
since the CI -1 Zone does not allow any residential uses and has a height limit of 35 feet.
The RFC -SG zone allows for a broad mix of commercial and residential uses, similar to
uses allowed in the Central Business Zones and has a maximum height limit of 6 stories, with
an upper story setback of 10 feet required along all primary frontages above the 4th story.
In this particular location, the form -based code has specific frontage requirements due to its
important location next to the future riverfront park. The code designates Gilbert Street as a
primary street with a required retail storefront frontage, which means that the site will be required
to have a mixed-use building that fronts on Gilbert Street with the ground level floor designed for
commercial uses. Two new pedestrian streets will be required along the north and south sides of
the property extending west from Gilbert to Ralston Creek. The property also has a Ralston
Creek Frontage required along the west side of the property, which must be configured as a
minimum 30 -foot wide pedestrian street that includes a public trail and buildings that have entries
that open toward the creek. Buildings must be located close to and oriented toward all these
primary streets with entries opening onto an improved streetscape designed to provide a
comfortable and attractive environment for pedestrians. Parking must be located behind or
within buildings that front on these four primary streets. Vehicular circulation and access to park
areas or structures will have to be provided from a north -south alley that is located such that it
can provide cross- access and traffic circulation for all properties along Gilbert Street between
Kirkwood Avenue and Highway 6 as they redevelop in the future.
Given that the right-of-way for Gilbert Street is currently not wide enough to provide the
pedestrian environment necessary to support such an increase in commercial and residential
density, staff recommends that with any rezoning along this frontage that land be dedicated
to the City to increase the right-of-way according to the street cross-section illustrated in
the Riverfront Crossings Plan. In addition, the pedestrian streets, including the Ralston Creek
pedestrian street will be required in order to comply with the zoning code, so the portion of these
pedestrian streets that fall on the subject property will also need to be dedicated to the City. With
regard to the Ralston Creek frontage, the 30 -foot right-of-way should be measured from the top
of bank to ensure that there is enough space for the public trail with a buffer from the creek edge
and to ensure privacy for the future residents along this new frontage.
Since the timing of proposed redevelopment of the property is uncertain at this time, staff
recommends that the dedication occur prior to issuance of a building permit for any
redevelopment on this property.
It should be noted that these new street frontages will provide a means for the developer to
realize the full development potential of this large site, since according to the Riverfront
Crossings form based code all new buildings must have frontage along a street. The new
pedestrian streets and a wider area for pedestrian movement and streetscaping along Gilbert
Street will provide an attractive environment for future residents with access and views into the
new riverfront park.
The applicant has provided a statement and concept plan showing how they envision
developing the site once Nagle Lumber has ceased operation. Since redevelopment is not likely
to occur for several years, detailed plans for redevelopment have not yet been drafted.
However, the applicant has indicated their intention to develop the site in a manner similar to
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 6 of 15
what is shown in the master plan with residential units fronting on to the pedestrian streets and
along the Creek and a mixed-use building along Gilbert Street. They anticipate that the buildings
will be between 3 and 6 stories in height.
Ralston Creek is a regulated stream corridor according to the City's sensitive areas ordinance
and as such a 30 -foot buffer between development and the edge of the creek is required. As
noted above, the applicant has agreed to dedicate to the City 30 feet of land along the west side
of the property as measured from the top of the bank of Ralston Creek. Such dedication will
ensure compliance with the sensitive areas ordinance and the Riverfront Crossings form -based
code. A sensitive areas site plan delineating the stream corridor, the top of the bank, and the 30
foot buffer to be dedicated to the City of lows City for a pedestrian street will be required as a
part of site plan review prior to redevelopment of the site.
With dedication of the aforementioned land for additional public rights -of way, pedestrian and
vehicular traffic can be accommodated upon redevelopment. In addition to the required
dedication of land for public rights-of-way, staff recommends that prior to issuance of a building
permit, a public cross access easement be required in a location parallel to and west of Gilbert
Street in a manner that will provide safe and adequate traffic circulation and access to parking
according to the Riverfront Crossings Plan for the subject property as well as all adjacent
properties located along Gilbert Street from Kirkwood Avenue to Highway 6. At the time of
development this public cross -access easement must be constructed as a rear alley that
provides access to parking areas located behind buildings as illustrated in the Riverfront
Crossings Plan.
The City has recently received a grant of technical assistance from the U.S. EPA to help us
develop a concept plan for restoration of Ralston Creek that is within the new riverfront park
and also to identify green infrastructure opportunities for surrounding private development
sites. The green infrastructure expert hired by the EPA highlighted these opportunities and
strategies at a public meeting on January 28. Staff recommends that at such time as the Nagle
property is redeveloped that green infrastructure options for stormwater management be
encouraged with the public pedestrian street providing a possible means of filtering and
conveying stormwater to the creek. However, the details and feasibility of the stormwater
system will need to be worked out at the time of development based on a more in depth study of
the conditions of the site and to ensure that the system works properly over time.
Freerks asked if the stormwater basin area would count as green space. Howard replied that
she would expect the City to count that area as green space once developed.
Howard concluded that the plan itself and the form -based code, once rezoned, will pretty much
determine, because there are required primary street frontages on all four sides of this block, the
form and therefore Staff does not feel they need a detailed concept plan at this time, the code
will dictate that.
Staff recommends approval of REZ15-00001, a request to rezone approximately 3.97 acres of
property located at 1201 S. Gilbert Street from Intensive Commercial (CI -1) to Riverfront
Crossing -South Gilbert (RFC -SG), be approved subject to a conditional zoning agreement
requiring that prior to issuance of a building permit for any redevelopment on the site, the
applicant:
• Dedicate land necessary for the required pedestrian street rights-of-way, Ralston Creek
pedestrian street, and Gilbert Street right-of-way improvements as described in this staff
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 7 of 15
report; and
• Grant a public cross access easement in a location parallel to and west of Gilbert Street
as determined by the City that will provide safe traffic circulation and access to rear
parking areas for the subject property as well as for adjacent properties located along
Gilbert Street from Kirkwood Avenue to Highway 6. At the time of development this public
cross access easement must be constructed as a private rear alley that provides access
to parking areas located behind buildings as illustrated in the Riverfront Crossings Plan.
Freerks commented that this application was unique in some ways with regard to other items the
Commission might see in the River Front Crossings because of the way the property is
surrounded and with the pedestrian street right-of-way and more detailed plans are not required
at this time. Howard confirmed that because this area is all designated with primary frontages so
the Staff is certain that the backs of the buildings won't back up to the creek, only fronts will face
the creek and the parking will be in the center of the block.
Martin asked if the Commission would see plans for this area again. Howard replied it would not
be likely the Commission would see this application again unless there would be a subdivision on
the property.
Thomas asked for clarification on how much is "pretty much" for staff's certainty that the area will
be developed properly. Howard replied that because of the form -based code already in place,
there are specific requirements for frontage requirements and so whether they choose a
residential building type or a mixed-use building type there are only certain types of frontages
that are allowed and certain window coverages that are required, front entry requirements,
building articulation requirements, the location of the parking is determined by the way this block
is set up. The fact that they are dedicating all the necessary rights-of-way in order to realize the
vision of the plan is very significant.
Martin asked if the Commission should be concerned at this time about the Crandic Bridge.
Howard stated it is not really part of this application it is just something the City wants to be sure
there are access points over Ralston Creek and the pedestrian streets are supposed to provide
access for the public housing and pedestrian access to the park.
Eastham asked if this parcel were to develop on its own where would the vehicle access to the
required parking be in the mid -part of the parcel. He stated it couldn't come from the properties
to the north or the south. Howard replied that yes it could, and the reason is there could be a
temporary situation during phases of the property development.
Theobald asked about the requirements for retail store front along Gilbert Street and perhaps
parking on the corners, would there be enough parking for people to come to the retail spots.
Howard stated there are parking requirements in the Riverfront Crossings plan, it is lower than in
other parts of the City. If a developer wants to construct a commercial building they need to
have the parking available to make the retail attractive. The rear parking could also serve any of
the mixed -uses in the development.
Swygard asked about the corner that will stay intensive commercial, it is currently a use that
wouldn't comply with the rest of this project. Howard was unsure if that business wouldn't
comply with the new zoning, but the current business would be grandfathered in.
Thomas asked where uses like Nagle Lumber would go, not particularly that business, but the
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 8 of 15
CI -1 businesses that may be displaced with rezonings in the Riverfront Crossings area. Howard
replied they businesses could go anywhere they fit the zoning codes. She said that there are
other areas of the city that are zoned CI -1.
Eastham asked if the City would be required to pay for the improvements for the pedestrian
streets, the expansion of Gilbert Street, and the pedestrian streets along Ralston Creek. Howard
answered that the frontage requirements and the space between the building and the curb line is
the responsibility of the developer, which would include sidewalks along Gilbert Street. The City
will be responsible for all other costs.
Freerks opened public hearing.
Randy Miller (Midwest America Commercial Realty) representing 1201 Gilbert LLC. Miller stated
that once the rezoning occurs they will start the process to work with City Staff to design a
concept following the master plan of the area. With the deconstruction of the wasterwater facility
and initial discussions on the public input of the new park and mitigation of Ralston Creek, the
park will start to take shape in the next two to three years. This is a similar time for the 1201 at
the Crossings project, it will take this time to work with Staff, engineers and architects to
incorporate the vehicular and pedestrian right -a -ways, plan street and walkway and trails,
explore options for the Crandic railroad spur and crossing as an access to the park, decide on
the best options for parking, free-standing structures or underground secure parking. Design
amenities for the residential portion focusing on a range of price points, a mixture of studio, 1
bedroom and 2 bedroom units with oversized decks and large windows to view the park with.
Design the mixed-use building in the front with commercial on the main level and residential
above along Gilbert Street. They will work with the neighboring property owners on the overall
plan as well as relocating a current business. They look forward to working on a design that
compliments the overall South Gilbert Street and Riverfront Park area.
Martin asked why since this area was clearly ready for development, did the applicant not come
with a plan to present. Miller replied that if it were ready to develop immediately they would
develop a plan, but developing plans takes a lot of time and money and a lot of changes could
happen over the next two to three years when this property is finally ready to be developed.
Essentially they are waiting for the park to develop and will follow that.
Freerks mentioned that the report stated they are interested in 3-6 stories at heights for
buildings, Miller confirmed that heights would likely be less than the maximum allowed in that
area due to building costs.
Freerks closed public hearing.
Howard added that the City does have a committee that has been formed to look at adopting
inclusionary housing in the Riverfront Crossings District, it could be at the time this develops a
requirement for affordable housing.
Swygard asked if that would be a retroactive, if the rezoning is approved now and then later they
would be expected to comply with the affordable housing. Freeks said that would be decided
when building permits are issued. Howard said the zoning applies and if the affordable housing
becomes part of the zoning, the development would need to include it.
Theobald moved to approve REZ15-00001, a request to rezone approximately 3.97 acres
of property located at 1201 S. Gilbert Street from Intensive Commercial (CI -1) to Riverfront
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 9 of 15
Crossing -South Gilbert (RFC -SG), be approved subject to a conditional zoning agreement
requiring that prior to issuance of a building permit for any redevelopment on the site, the
applicant:
• Dedicate land necessary for the required pedestrian street rights-of-way, Ralston
Creek pedestrian street, and Gilbert Street right-of-way improvements as described
in this staff report; and
• Grant a public cross access easement in a location parallel to and west of Gilbert
Street as determined by the City that will provide safe traffic circulation and access
to rear parking areas for the subject property as well as for adjacent properties
located along Gilbert Street from Kirkwood Avenue to Highway 6. At the time of
development this public cross access easement must be constructed as a private
rear alley that provides access to parking areas located behind buildings as
illustrated in the Riverfront Crossings Plan.
Swygard seconded the motion.
Eastham stated he was encouraged by the property owners' willingness to considering
redevelopment to this area for both commercial and residential uses, which are not there now, as
well as taking advantage of the park project. This is an encouraging development.
Martin agreed that this application speaks to the work that was done on the Riverfront Crossings
Plan and the precautions that were put into that plan to make sure that area is pedestrian friendly
and that park is recognized by inhabitants and people coming to visit
Freerks agreed, and restated there seems to be less concern about not having a specific
concept plan on this application because of the zoning requirements set forth in the Riverfront
Crossings Plan and that Staff will continue to work closely on this project. The developer seems
to be embracing all the goals of the Plan and that this will be an exciting development for the
area.
Thomas stated it is an interesting portion of the Riverfront Plan with the pedestrian streets, the
creek access and creek trails, it is a prime development site.
Swygard agreed it will be a great addition to the area.
Eastham commented that it will be interesting for the Council to consider paying for these
additional improvements, there appears to be more money for infrastructure here for
development than in other more conventional developments. Hopefully the Council and City
Manager will be generous in their considerations of these additional costs to develop this area.
A vote was taken and motion carried 6-0.
ILI
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 kFWZI5 OOp01)
w
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 3.97 ACRES OF PROPERTY FROMq.WTENSIVE
COMMERCIAL (CI-1) ZONE TO RIVERFRONT CROSSINGS — SOUTH GILBERT (RFC-S6LOCATED
AT 1201 S. GILBERT ST. (REZ15-00001)
WHEREAS, the applicant, 1201 Gilbert LLC, has requested a rezoning of property located at 1201 South
Gilbert Street from Intensive Commercial (CI-1) Zone to Riverfront Crossings — South Gilbert (RFC-SG); and
WHEREAS, the owntown and Riverfront Crossings Master Flan was adopted in January 2013 as an
integral part of the Cs Comprehensive Plan and the subjec property is located in the South Gilbert
Subdistrict of the River t Crossings District; and
WHEREAS, the Riveont Crossings — South Gilbert (RFC- ) Zone was developed to help implement
the vision of the Riverfront rossings Master Plan by encoura ing redevelopment that will create a more
pedestrian-friendly character long Gilbert Street by enhanci g the streetscape and overall aesthetics,
tempering auto-dominated fron ges by locating buildings clos r to the street with parking behind or to the
side of buildings, and creating a ce where people can live cl se to the Iowa River, Ralston Creek and the
new riverfront park and to shopping, estaurants, and other se ices; and
WHEREAS, the requested rezon g will result in a signifi nt increase in the residential population in the
area, which will increase the pedestria nd bicycle traffic al ng Gilbert Street and along planned pedestrian
streets that provide access to the new p k, trails, and the owa River and, therefore, additional public right-
of-way and access easements for planne edestnan s eets, for widening pedestrian areas along Gilbert
Street, and for access to parking areas inte i r to the ock will be needed to ensure public safety and to
provide a more attractive environment for reside tial liv' g; and
WHEREAS, the Planning and Zoning Commi io has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, pro ded land is dedicated to the City to widen the Gilbert
Street right-of-way to create a larger landscape bu a etween the traffic lanes and the public sidewalk and
an public access easement is granted to provid for c struction of a rear lane that will provide vehicular
access to rear parking areas and provide for futur traffic c ulation between neighboring properties; and
WHEREAS, Iowa Code §414.5 (2013) pr vides that e City of Iowa City may impose reasonable
conditions on granting an applicant's rezonin request, ove and above existing regulations, in order to
satisfy public needs caused by the requested hange; and
WHEREAS, the owner and applicant h e agreed that the p erty shall be developed in accordance
with the terms and conditions of the Condit* nal Zoning Agreement ached hereto, to satisfy public needs
caused by the requested development to a sure appropriate developm t in this area of the city.
NOW, THEREFORE, BE IT ORDAI ED BY THE CITY COUNCI SOF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to he Conditional Zoning Agreement a ched hereto and incorporated
herein, property described below is ereby reclassified from its current zo ' g designation of Intensive
Commercial (CI-1) to Riverfront Cros gs — South Gilbert (RFC-SG):
LEGAL DESCRIPTION
A PORTION OF THE NO/HET QUARTER OF THE SOUTHWEST QUARTER F SECTION 15,
TOWNSHIP 79 NORTH, 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, 1 A CITY,
JOHNSON COUNTY, IOLUDING A PORTION OF VACATED BLOCKS THRE ND SIX OF
COOK'S, SARGENT, ANEY'S ADDITION, DESCRIBED AS FOLLOWS:Commencing at the Nortrner of Vacated Block Three, of Cook's, Sargent, and D ney's
Addition to Iowa City, Johunty, Iowa, in accordance with the Plat thereof Recorded in Deed Book
16, at Page 84, of the Rehe Johnson County Recorder's Office; Thence S01°01'45"E, along the
West Line of Gilbert Streefeet, to The Point of Beginning; Thence continuing S01 °01'45"E along
said West Line, 360.00 fece S88041'01"W, 450.00 feet; Thence N0800011"E, 445.88 feet, to a
Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88041'01"E,
along said Westerly Extension and North Line, 260.00 feet; Thence S01 001'45"E, 80.00 feet; Thence
N88041'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinanceithOrdinance
conflict with the provisions of this
Ordinance are here y repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of shall be adjudged to be
invalid or unconstituti al, such adjudication shall not affect the validthe Ordinance as a whole or any
section, provision or pa hereof not adjudged invalid or unconstitutionSECTION VII. EFF TIVE DATE. This Ordinance shall be inct after its final passage, approval
and publication, as providedV law.
Passed and approved this day of /015.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (RET15-OOb(.-T
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal &6rpordfi`6n
(hereinafter "City"), 1201 Gilbert LLC (hereinafter "Applicant"), and Miller and Wske LLC
(hereinafter "Owner").
WHEREAS, Owner is the legal title holder of ap oximately 3.97 acres of property
located at 11~01 S. Gilbert Street in Iowa City; and
WHER AS, the Applicant has requested the rez ning of said property from Intensive
Commercial (Cl -V to Riverfront Crossings — South Gilbe (RFC -SG); and
WHEREAS, th Planning and Zoning Commissi has determined that, with appropriate
conditions to ensure a appropriate environment for r? Idential living, including access to parks,
trails and public space enities, improved pedestrian and bicycle safety and comfort and to
provide for safe traffic circ lation upon redevelopment, the requested zoning is consistent with
the Comprehensive Plan; an
WHEREAS, Iowa Code14.5 (2013) ovides that the City of Iowa City may impose
reasonable conditions on grant n_
an applica is rezoning request, over and above existing
regulations, in order to satisfy public eds ca sed by the requested change; and
WHEREAS, the Owner ackno es that certain conditions and restrictions are
reasonable to ensure the development o he property is consistent with the Comprehensive
Plan and the need for a safe, attractive a comfortable environment for residential living,
including access to parks, trails, and pu is sp a amenities, and improved pedestrian, bicycle,
and vehicular routes; and
WHEREAS, the Owner agree to develop this roperty in accordance with the terms and
conditions of a Conditional Zoning A eement.
NOW, THEREFORE, in consider tion of the mutual pro` rises contained herein, the parties
agree as follows:
Miller and Maske LLC is/he legal title holder of the prope y legally described as follows:
A PORTION OF THE RTHEAST QUARTER OF THE OUTHWEST QUARTER OF
SECTION 15, TOWN IP 79 NORTH, RANGE 6 WEST, F THE FIFTH PRINCIPAL
MERIDIAN, IOWA C Y, JOHNSON COUNTY, IOWA, INC DING A PORTION OF
VACATED BLOCK THREE AND SIX OF COOK'S, SARG NT, AND DOWNEY'S
ADDITION, DES IBED AS FOLLOWS: Commencing at the Northeast Corner of
Vacated Block T ee, of Cook's, Sargent, and Downey's Addition t Iowa City, Johnson
County, Iowa, i accordance with the Plat thereof Recorded in Dee Book 16, at Page
84, of the Re rds of the Johnson County Recorder's Office; Thence S01 °01'45"E, along
the West Li of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing
S01'01'45,91E along said West Line, 360.00 feet; Thence S88°41'01 "W, 450.00 feet;
Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line
of said Vacated Block Three; Thence N88°41'01 "E, along said Westerly Extension and
North Line, 260.00 feet; Thence S01 001'45"E, 80.00 feet; Thence N88041'01 "E, 120.00
1 of 4
feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on
granting an applicant's rezoning request, over and above te
existing regulations, in
order to satisfy public needs caused by the requested chang
3. In consideration of the City's rezoning the subject propert , Owner and Applicant agree
that de elopment of the subject property will conform t all other requirements of the
zoning apter, as well as the following conditions to be atisfied upon redevelopment of
the grope v:
a) Owner s II dedicate land necessary for the req red pedestrian street rights-of-way,
Ralston C ek pedestrian street, and Gilbert treet right-of-way improvements as
follows and illustrated on the "Block 6" Ex bit, attached hereto and incorporated
herein:
i. 40' of Ian dedication along the Gilbe Street frontage; and
ii. 11' of land dication along the nort rn property line; and
iii. 35' of land de ication along the so hern property line; and
iv. 30' of land dedi tion along the w st property line as measured from the top of
bank of Ralston eek.
b) Owner shall grant a 30 -foot ' e publ' cross -access easement in a location parallel to
and west of Gilbert Street as det mined by the City that will provide safe traffic
circulation and access to rear p ing areas for the subject property as well as for
adjacent properties located alon 'Ibert Street from Kirkwood Avenue to Highway 6.
At the time of development thi pub' cross -access easement must be constructed
with a minimum 20 -foot wide ivate r r lane that provides access to parking areas
located behind buildings as i strated o the "Block 6" Exhibit, attached hereto and
incorporated herein.
4. The Owner and Applicant, d City acknowledge that the conditions contained herein
are reasonable conditions impose on the land u er Iowa Code §414.5 (2013), and
that said conditions sati y public needs that are used by the requested zoning
change.
5. The Owner and Appli9fint and City acknowledge that in the vent the subject property is
transferred, sold, repreveloped, or subdivided, all redevelop ent will conform with the
terms of this Condi onal Zoning Agreement.
6. The parties ack owledge that this Conditional Zoning Agreement shall be deemed to be
a covenant ruphing with the land and with title to the land, and shatt-remailxin full force
and effect a a covenant with title to the land, unless or until releasecLof ,cord by the
City of low City.
�.
7. The parties further acknowledge that this agreement shall inure toh— benat of an�Zbind
all successors, representatives, and assigns of the parties. a
2 of 4
8. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this \_ day of 12015.
CITY OF IOWA
Matthew J. Hayek, M
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was ackn
before me on
By: Mill¢r and Maske LLC
1201 Gilbert LLC
Hayek and Marian K. Karr as MaXor and City Clerk, respectively;
, 2015 by Matthew J.
the City of Iowa City.
Notary Public in and for th tate-otlow3"
(Stamp or Seal)
Title (and Rank)..,
My commission expires:
3 of 4
MILLER AND MASKE LLC ACKNOWLEDGEMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
by (Name(s) of individual(s) as
1\ (type of auth
of MILLER ANQ MASKE LLC.
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged t
by I (N
1201 GILBERT LLC.
2015
rity, such as officer or trustee) of
Notary Public n and for said County and State
(Stamp or eal)
Title (an Rank)
My co mission expires:
me on 2015
1-0
s) of individua s) as
(type of a
t �%Ihority, such as officer or trustee) of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
4 of 4
br rya
me on 2015
1-0
s) of individua s) as
(type of a
t �%Ihority, such as officer or trustee) of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
4 of 4
5h
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00001)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is m de between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), 1201 Gilbert LLC (hereinafter "Applicant"), and Miller and Maske LLC
(hereinafter "Owner").
WHEREAS, Owne is the legal title holder of approximately 3.97 acres of property
located at 1201 S. Gilbert S eet in Iowa City; and
WHEREAS, the Appl ant has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfrot Crossings — South Gilbert (RFC -SG); and
sy
WHEREAS, the Planning'wd Zoning Commission has determined that, with appropriate
conditions to ensure an appropriate environment for residential living, including access to parks,
trails and public space amenities improved pedestrian and bicycle safety and comfort and to
provide for safe traffic circulation �pon redevelopment, the requested zoning is consistent with
the Comprehensive Plan; and
WHEREAS, Iowa Code §41\neds
013)'provides that the City of Iowa City may impose
reasonable conditions on grantingplicant's rezoning request, over and above existing
regulations, in order to satisfy public caused by the requested change; and
WHEREAS, certain condiand restrictions are reasonable to ensure the
development of the property is conswith the Comprehensive Plan and the need for a safe,
attractive, and comfortable environor residential living, including access to parks, trails,
and public space amenities, and improvpd\pedestrian, bicycle, and vehicular routes.
NOW, THEREFORE, in consideration of a mutual promises contained herein, the parties
agree as follows:
1. Miller and Maske LLC is the; legal title h Ider of the property legally described as follows:
A PORTION OF THE NORTHEAST QU RTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 79 NORTH, NGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY !JOHNSON CO TY, IOWA, INCLUDING A PORTION OF
VACATED BLOCKS THREE AND SIX O COOK'S, SARGENT, AND DOWNEY'S
ADDITION, DESCRIBF�D AS FOLLOWS: C mmencing at the Northeast Corner of
Vacated Block Three, Of Cook's, Sargent, and wney's Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereo ; Recorded in Deed Book 16, at Page
84, of the Records of the Johnson County Recorde` Office; Thence S01 °01'45"E, along
the West Line of Gilblert Street, 80.00 feet, to The Po' t of Beginning; Thence continuing
S01 °01'45"E along said West Line, 360.00 feet; T nce S88°41'01 "W, 450.00 feet;
Thence N08°00'11"�, 445.88 feet, to a Point on the We erly Extension of the North Line
of said Vacated BI I k Three; Thence N88°41'01"E, alon4 said Westerly Extension and
North Line, 260.00 feet; Thence S01 °01'45"E, 80.00 feet; Toence N88°41'01 "E, 120.00
feet, to the Point of Beginning. Said Rezoning Parcel cori`tains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
1 of 4
of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and
Riverfront Crossings Master Plan, and the Owner intends to comply therewith. Further,
the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa
City may impose reasonable conditions on granting an applicant's rezoning request, over
and above the existing regulations, in order to satisfy public needs caused by the
requested change.
3. In consideration of the City's rezo ' the subject property, Owner and Applicant agree
that development of the subject operty will conform to all requirements of the zoning
chapter, as well as the following nditions to be satisfied upon redevelopment of the
property:
a) Prior to the issuance of any buildk
the pedestrian street rights-of-way,,
right-of-way improvements, as sh
Master Plan, as follows and as illus
incorporated herein:
L 40' of land dedication along
ii. 11' of land dedication along
iii. 35' of land dedication along
iv. 30' of land dedication along
bank of Ralston Creek.
g permit, Owner shall �bdicate land necessary for
Ralston Creek pedestpian street, and Gilbert Street
awn in the Downtoy0 and Riverfront Crossings
rated on the "Block/6" Exhibit, attached hereto and
b) Prior to issuance of any building perm
access easement in a location para
determined by the City that will provi
areas for the subject property, as well
Street from Kirkwood Avenue to Higo
property, Owner shall pave this public
wide private rear lane that provides a
as illustrated on the "Block 6" Exhibit, <
Gilbert StreeYfrontage; and
northern prOperty line; and
southern property line; and
west prgperty line as measured from the top of
Owner shall grant a 30 -foot wide public cross -
,,to and west of Gilbert Street in a location
'traffic circulation and access to rear parking
s for adjacent properties located along Gilbert
6. At the time of development of the subject
ss -access easement with a minimum 20 -foot
e s to parking areas located behind buildings
adhed hereto and incorporated herein.
4. The conditions contained herein, are reasona a conditions to impose on the land under
Iowa Code §414.5 (2013), and that said con ins satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is transferre\bindal
redeveloped, or subdivided, all
development will conform with the terms of this nal Zoning Agreement.
6. This Conditional Zoning Agreement shall be deo be a covenant running with the
land and with title to the land, and shall remain irce and effect as a covenant with
title to the land, unless or until released of recorCity of Iowa City.
7. This agreement shall inure to the benefit of and successors, representatives, and
assigns of theVarties.
8. Nothing in this Conditional Zoning Agreement shall be co strued to relieve the Owner or
Applicant from complying with all other applicable local, st e, and federal regulations.
9. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
2of4
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of , 2015.
CITY OF IOWA CITY
Matthew J. Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEM
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged
By: Miller and Mashie LLC
r'
r
By: 1201 Gjtbert LLC
me on , 2015 by Matthew J.
Hayek and Marian K. Karr as Mayor ang City Clerk, re pectively, of the City of Iowa City.
MILLER AND MASKE
STATE OF IOWA )
JOHNSON COUNTY )
Notary Publiin and for the State of Iowa
(Stamp or Sea
Title (and Rank)
My commission
ACKNOWLEDGEMENT:
3 of 4
res:
This instrument was acknowledged before me on , 2015
by (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
of MILLER AND MASKE LLC.
Notary Public in and for said County and State
or Seal)
(and Rank)
commission
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on V 12015
by
1201 GILBERT LLC.
(Name(s) of itftvi�ual(s) as
of authority, such as officer or trustee) of
Notary Public and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission exp es:
4 of 4
r.
0
0
0
0
0
Lo
—,
`may
I
a a ::��� �•z� . Vis^ ��� , � .` .s
I
i
I
r ,
I
140
Bx ...
(�
V
_O
m
5C
Prepared by: Tim Hennes, Senior Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122
(REZ15-00003)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.275 ACRES LOCATED AT 800 S. DUBUQUE ST.
FROM INTENSIVE COMMERCIAL (CI -1) TO NEIGHBORHOOD PUBLIC (P-1). (REZ15-00003)
WHEREAS, the applicant, Johnson County, has requested a rezoning of property located at 800 S.
Dubuque St. from Intensive Commercial (CI -1) to Neighborhood Public ( P-1); and
WHEREAS, the Comprehensive Plan indicates that the property is designated public use; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval of this rezoning; and
WHEREAS, the applicant intends to consider and incorporate Riverfront Crossings design standards into
its development of this property to the extent that it is able.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of Intensive Commercial (CI -1) to Neighborhood Public (P-1):
Lot 8 of Block 28 County Seat Addition, Iowa City, Johnson County, Iowa
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Aro-8d by
7 /
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/23/2015
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
50,
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Tim Hennes, Senior Building Inspector
Item: REZ15-00003 Date: February 9, 2015
GENERAL INFORMATION:
Applicant: Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, IA 52240
Contact Person: Josh Busard
913 S. Dubuque Street
Iowa City, IA 52240
319-356-6083
jbusard@co-johnson.ia.us
Requested Action: Rezoning from Intensive Commercial (CI -1) to
Neighborhood Public (P-1)
Purpose: To reflect public ownership of the property and bring
it into compliance with Section 14-2F of the Zoning
Ordinance.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
800 S. Dubuque St.
80'x 150'= 12,000 S.F. (0.275 acres)
Intensive Commercial (CI -1)
North: Rail Road (CI -1)
South: Johnson County Ambulance (P-1)
East: Contactors Shop (CI -1)
West: Parking Garage (P-1)
Riverfront Crossings District —Central Crossings
January 29, 2015
March 15, 2014
The applicant, Johnson County, requests that the subject property located at 800 S. Dubuque
Street be rezoned from Intensive Commercial (CI -1) to Neighborhood Public (P-1) in order to
bring the property in compliance with Section 14-217 of the Zoning Ordinance. Johnson County
owns the adjacent lots south and west of 800 S. Dubuque St. which are already zoned
Neighborhood Public (P-1).
2
Section 14 -2F -B-1 states that public uses such as schools, parks, police and fire stations and
other civic buildings owned or otherwise controlled by the county, the city or the Iowa City
Community School District for such uses will be designated as Neighborhood Public Zone (P-1).
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and
have not had discussions with neighborhood representatives.
ANALYSIS:
The property is currently zoned Intensive Commercial (CI -1). The proposed rezoning to P-1 has
been initiated to reflect the property is owned by Johnson County. The P-1 zoning designation
serves a notice function to those owning or buying land in proximity to the subject property that it
is not ordinarily subject to City development regulations. This zone change will bring the Johnson
County owned parcel into compliance with Section 14-2F of the Zoning Ordinance. The County's
intent is to expand the Johnson County Ambulance Facility, consolidate the Johnson County
Medical Examiners facility and provide storage for the Auditor's Office voting equipment.
Staff encourages the County to make a good faith effort to comply with the Central Crossings
Development Standards which include building placement and form. Specifically, a ten feet (10')
setback should be maintained between the new building and the south property line at 808 S.
Dubuque St — this setback is a Riverfront Crossings setback standard to ensure adequate
separation between structures if/when the property to the south redevelops. Also, an effort should
be made to conform to the general design requirements identified in the form based code which
include building entries, windows, building materials, awnings & canopies and outdoor mechanical
equipment. Staff will share the Form -Based Development Standards with the County's architect
for this project.
STAFF RECOMMENDATION:
Staff recommends that REZ15-00003, an application to rezone 12,000 S.F. (0.275 acres) of land
located at 800 S. Dubuque Street from Intensive Commercial (CI -1) to Neighborhood Public (P-1)
be approved.
ATTACHMENTS:
1. Location Map
2. Aerial Map
Approved by: / ..,4 / Tr—
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
PCD\Staff Reportsk800 s dubuque st rezoning staff report.doc
CN
04
.. _.----------
04
- -
t
i
±
i
i r
T
ll
t
i
±
i
i r
T
ll
U
�
t
is 3nonana s
ll
U
;
0 Z
U
cu
LLJ
-
W a Q-
o
Q
o�
CN
LL
Q (�
k
J i
c
N
f
� �
�
-00-
U0-1S
ISNOlNI10 S
o U
U � U
N
Z
0
Z
W
m
W
a
cl
cm
0
N
co
a
C')
cr
C
C
(0 �
a
C
O N
N >
>�
N tl
C
O
O
C >O
O
N m
-o0 3
m�
o Q
N t
0
d
a
m
m
N
C
O
C
m
N
d
a
a
c
c
0
N
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 3 of 15
Martin seconded the motion.
Freerks stated that the Commission has seen this area in flux for some time and now thinks this
will be a nice addition to the area and was happy to see the outlot was kept intact, that green
space is important.
A vote was taken and the motion carried 6-0.
REZONING ITEM REZ15-00003
Discussion of an application submitted by Johnson County Board of Supervisors for a rezoning
from Intensive Commercial (CI -1) to Neighborhood Public (P-1) zone for approximately .275
acres of property located at 800 S. Dubuque Street.
Miklo introduced Tim Hennes, the Senior Building Inspector.
Hennes presented the staff report, stating the applicant, Johnson County, requests that the
subject property located at 800 S. Dubuque Street be rezoned from Intensive Commercial (CI -1)
to Neighborhood Public (P-1) in order to bring the property in compliance with Section 14-217 of
the Zoning Ordinance, which states the property owned by the County should be P-1
neighborhood public zone. Hennes showed a map of the location of the property. Johnson
County owns the adjacent lots south and west of 800 S. Dubuque St. which are already zoned
Neighborhood Public (P-1).
The property is in the Central Crossings sub -district of the Riverfront Crossing Plan and
according to the plan the designated use for this property is public use. Hennes stated that
conversation with the County Staff indicates they intend to extend the ambulance facility,
consolidate the Johnson County Medical Examiners facility, and provide storage for the auditor's
office voting equipment.
Staff encourages the County to make a good faith effort to comply with the Central Crossings
Development Standards which include building placement and form. Specifically, a ten feet (10')
setback should be maintained between the new building and the south property line at 808 S.
Dubuque St - this setback is a Riverfront Crossings setback standard to ensure adequate
separation between structures if/when the property to the south redevelops. Also, an effort
should be made to conform to the general design requirements identified in the form based code
which include building entries, windows, building materials, awnings & canopies and outdoor
mechanical equipment. Staff will share the Form -Based Development Standards with the
County's architect for this project.
Staff recommends that REZ15-00003, an application to rezone 12,000 S.F. (0.275 acres) of
land located at 800 S. Dubuque Street from Intensive Commercial (CI -1) to Neighborhood
Public (P-1) be approved. The zoning ordinance requires the property be owned by the public
and be zoned public.
Freerks opened public hearing.
Josh Busard, Johnson County Planning and Zoning Assistant Planner, requests that this parcel
be rezoned, it is owned by Johnson County and is going to be used for the ambulance building
civic use.
Planning and Zoning Commission
February 19, 2015 — Formal Meeting
Page 4 of 15
Freerks asked Busard about the request in the staff report for the County make a the good faith
effort to comply with development standards with regards to building placement and design
requirements, and asked for if the County had planned to discuss that with the architect. Busard
confirmed that the County will speak to the architect about that.
Freerks closed public hearing.
Eastham moved to approve REZ15-00003, an application to rezone 12,000 S.F. (0.275
acres) of land located at 800 S. Dubuque Street from Intensive Commercial (CI -1) to
Neighborhood Public (P-1).
Theobald seconded the motion.
Eastham asked Miklo if the County could, even under the CIA zoning, build residential above the
uses indicated in the report. Miklo stated that residential was not allowed above commercial in
the CIA zone. Additionally Miklo stated that because the County owns the property, it is required
to be a public zone.
Theobald stated that this was a great opportunity to redevelop that area.
Freerks agreed, it is clear that public land should be labeled as public and this will bring the land
into compliance.
A vote was taken and the motion carried 6-0.
REZONING ITEM REZ15-00001
Discussion of an application submitted by Rogue Investments for a rezoning from Intensive
Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG) zone for
approximately 3.97 acres of property located at 1201 S. Gilbert Street.
Howard presented the staff report, first by stating that the application was submitted with the
incorrect applicant's name, the correct applicant's name is 1201 Gilbert LLC and that has been
correct in the City's records.
Howard showed a map of the area, the site is currently the Nagle Lumber site, and is zoned CIA
intensive commercial, which allows quasi -industrial type uses or mixed commercial uses, but
does not allow any residential uses. The subject property is located at 1201 S. Gilbert Street in
the South Gilbert Subdistrict of Riverfront Crossings. It is one of three large commercial
properties that front on S. Gilbert Street between Kirkwood Avenue and Highway 6. Nagle
Lumber Company currently operates at this site. To the north is Aero Rental and to the south is
Pleasant Valley Garden Center. There is also a small property that fronts on Gilbert Street
adjacent to the northeast corner of the Nagle Lumber site, which contains a small commercial
building that is currently operated as a pet grooming business. The Nagle Lumber property backs
up to Ralston Creek and the decommissioned North Wastewater Treatment Plant, which will be
demolished this year as a part of the City's flood mitigation efforts. Over the next several years
this site will be transformed into a new riverfront park. Due to the importance of these
three properties in relation to the new park and Ralston Creek, the Riverfront Crossings
Prepared by: Tim Hennes, Senior Building Inspector, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5122
(REZ15-00003)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 0.275 ACRES LOCA D AT 800 S. DUBUQUE ST.
FROM INTENSIVE COMMERCIAL (CI -1) TO NEIGHBORHOOD PUBLIC ( -1). (REZ15-00003)
WHEREAS, the applicant, Johnson County, has requested a rezoni g of property located at 800 S.
Dubuque St. from Intensive Commercial (CI -1) to Neighborhood Public ( P ); and
WHEREAS, the Comprehens' a Plan indicates that the property is d ignated public use; and
WHEREAS, the Planning a d Zoning Commission has review the proposed rezoning and has
recommended approval of this rez Hing; and
WHEREAS, the applicant inten s to consider and incorporate Riv rfront Crossings design standards into
its development of this property to th extent that it is able.
NOW, THEREFORE, BE IT ORDAIN D BY THE CITY COUNCIL F THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Prope described below is h eby reclassified from its current zoning
designation of Intensive Commercial (CI - N) to Neighborhood Pu c (P-1):
Lot 8 of Block 28 CountyVeat Addition, lowVCity, Johnson County, Iowa
SECTION II. ZONING MAP. The BuildiN Inspector ' hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to c nform to is amendment upon the final passage, approval
and publication of this ordinance by law.
City Clerk is hereby authorized and directed to ce
office of the County Recorder of Johnson County,
SECTION IV. REPEALER. All ordinances e
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any sectio
invalid or unconstitutional, such adjudication s
section, provision or part thereof not adjudged t1v
SECTION VI. EFFECTIVE DATE. This rdii
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Appro " d by
xy'�o 14-7W�
City Attorney's Office
. Upon passage and approval of the Ordinance, the
copy of this ordinance and to record the same, at the
at the owner's expense, all as provided by law.
krts of ordinances in conflict with the provisions of this
provisi n or part of the Ordinance shall be adjudged to be
not affe t the validity of the Ordinance as a whole or any
id or unc nstitutional.
ince shall a in effect after its final passage, apploval and
03-23-15
5d
Prepared by: Jann Ream, Development Services Division, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5120
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN AND CLARIFY THE PLACEMENT
STANDARDS FOR PORTABLE SIGNS ALLOWED IN CENTRAL BUSINESS DISTRICT COMMERCIAL
ZONES.
WHEREAS, the stated purpose of the Zoning Code sign regulations is to provide a reasonable
opportunity for all sign users to display signs without interference from other signage and to provide fair
and equitable treatment for all sign users; and
WHEREAS, current sign regulations regarding the placement of portable signs restrict that placement to
private property or sidewalk cafes; and
WHEREAS, these restrictions create a perception of unfairness for those business owners who do not
have an available area of private property due to building placement or whose businesses are not located on
the ground floor of a building; and
WHEREAS, it is reasonable to allow portable signs on City right-of-way, subject to certain limitations
regarding the size, location and illumination; and
WHEREAS, the proposed standards will protect and maintain a minimum unobstructed pedestrian walk
way of 8ft; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign
ordinance and recommend approval; and
WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend Section 14 -5B -8E, Table 5B-4, "Sign Specifications and Provisions in the CB -2, CB -5 and
CB -10 Zones," by deleting the row that addresses "Portable signs" and substitute in lieu thereof:
Up to one non -illuminated portable sign is allowed per
storefront. A maximum of one additional sign is allowed
for businesses not located on the ground floor, which
may be for one or more of those businesses.
The sign must be placed 1) on private property; 2) within
or on the fenced delineated area of a sidewalk cafe; or 3)
on City right-of-way within 30 inches of the front fagade
wall and/or front property line of the building containing
the business.
The sign may not block access to any doorway.
6 sq. ft. per sign face.
When placed on City right-of-way, a clear, unobstructed
Portable sign
May be double-faced fora
Oft
8ft path between the sign and any streetscape amenities,
total area of 12 sq ft.
planters, delineated sidewalk cafe areas or obstructions
must be maintained.
The sign must be moved inside the business when the
business is closed.
The sign must be constructed of durable materials and
weighted to provide stability in all weather conditions.
External weights separate from the sign itself, such as
sandbags, are not permitted.
A maximum of 2 sign faces are allowed per sign. Sign
faces can be separated if placed on a fence for sidewalk
cafe.
Ordinance No.
Page 2
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
App ved by
City Attorney's Officea/� o�/�S
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration —03/09/2015
Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway,
Dickens, Dobyns. NAYS: None. ABSENT: None.
Second Consideration —03/2312015
Voteforpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Date published
Prepared by: Dennis Bockenstedt, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant to Chapter 364, Code of Iowa (2013), the City of Iowa City provides certain solid
waste disposal services at the municipal landfill; and
WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste
disposal services at the municipal landfill; and
WHEREAS, the Iowa City City Council proposes to increase landfill use fees for solid waste disposal by
$4.00 per ton, and to increase the minimum solid waste disposal fee (160 pounds or less) by $.25 per load
on July 1, 2015, to adequately finance municipal landfill operational costs; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amended by:
Changing the fee for the following items: Landfill user fees from $38.50 per ton to $42.50 per ton for
Iowa City residents; from $43.50 per ton to $47.50 per ton for all others. The minimum fee for solid waste
disposal(160 pounds or less) from $3.00 to $3.25 for Iowa City residents and from $3.25 to $3.50 for all
others.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. All rate changes will be effective July 1, 2015.
Passed and approved this day of , 20
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 03/23/2015
Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims,
Payne, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Dennis Bockenstedt, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5053
ORDINANCE NO.
ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES,"
CHAPTER 4, ENTITLED,' SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND
PENALTIES," SECTION 5,ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO
INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES.
WHEREAS, pursuant toapter 364, Code of Iowa (2013), the City o Iowa City provides certain solid
waste disposal services at thiv municipal landfill; and
WHEREAS, it is in the public in rest to increase certain fees and ch rges associated with said solid waste
disposal services at the municipal ndfill; and
WHEREAS, the Iowa City City Coun 'I proposes to increase la dfill use fees for solid waste disposal by
$4.00 per ton, and to increase the mini m solid waste disposa fee (160 pounds or less) by $.25 per load
on July 1, 2015, to adequately finance mu ' ipal landfill operatio al costs; and
NOW, THEREFORE, BE IT ORDAINED/diCnan
I COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENT. Title 3, entitlnances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Penalties," Section 3-4-5, entitled "Solid Waste
Disposal," of the Iowa City Code is hereby amChanging the fee for the following items:e ees from $38.50 per ton to $42.50 per ton for
Iowa City residents; from $43.50 per ton to $4n f all others. The minimum fee for solid waste
disposal(160 pounds or less) from $3.00 to $wa C residents and from $3.25 to $3.50 for all
others.
SECTION II. REPEALER. All ordina�s and parts of ordinanXes in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If ny section, provision or part oft Ordinance shall be adjudged to
be invalid or unconstitutional, such a udication shall not affect the validit of the Ordinance as a whole or
any section, provision. or part thereo of adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. All rate changes will be effective July 1, 219.15.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
20
Approved by
11 City Attorney's Office
C-4
N
--asss15
CITY OF IOWA CITY 13
MEMORANDUM -
Date: March 12, 2015
To: Tom Markus, City Manager
From: Geoff Fruin, Assistant City Manager
Re: Food Truck Vending
Earlier this year the City Council received recommendations on changes to the City Code that
would expand vending options for food trucks. The recommendations were made after
discussions with the two food truck vendors that completed last year's pilot program in
Chauncey Swan Park.
The attached ordinance allows for the operation of food trucks in parking areas of city streets.
Restricted vending areas would include the downtown zone, residential areas and within 150
feet of any restaurant. In order to operate from a parking space, food trucks will have to receive
an annual permit from the City. The permit criteria will be dictated by administrative rules, which
will be presented to the Council at the third reading of the ordinance along with a resolution
setting the fee. The administrative rules will also stipulate a limit to the number of permits that
can be issued.
As envisioned, the ordinance and accompanying administrative rules will allow food truck
vending between the hours of 7:00 a.m. and 9:00 p.m. They will also permit food trucks to
occupy a one or two-hour hour metered space for a maximum of three hours while operating. If
parking is already permitted for periods longer than three hours the food trucks can operate in
accordance with those parking limitations. Food trucks will be required to pay meter fees while
operating. Storage of food trucks will not be permitted on city streets or in city parking lots.
Staff believes the recommended framework will allow food trucks to successfully operate while
not detracting from the strong brick and mortar food economy that exists downtown and in other
parts of the community.
Prepared by: Susan Dulek, Ass't. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
CHAPTER 4, ENTITLED "PARKING REGULATIONS," TO ESTABLISH PROVISIONS FOR
FOOD TRUCK VENDING ON CITY STREETS.
WHEREAS, in 2014 the City engaged in a pilot project for food truck vending;
WHEREAS, food truck vending should be allowed on City streets except in certain restricted areas,
including the downtown area, residential areas, and within 150 feet of any restaurant; and
WHEREAS, it is in the City's best interest to establish a permitting system to allow food truck vending
on City streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," is hereby
amended to add a new Section 16, entitled "Food Trucks" and will read as follows:
A. Definitions
Downtown Zone. The areas illustrated on the map at the end of this section.
Food Truck. A motorized vehicle specially equipped to prepare and sell food items to the general
public.
Truck Permit. Written authorization by the City to operate a Food Truck on public right of way as
provided in this chapter.
Operate. To offer for sale food and beverage items to the general public; it does not mean either
loading or unloading food or beverage items in bulk or other materials.
Restaurant. Restaurant as that term is defined in Section 10-3-1 of this code.
B. No person may operate a food truck on public right of way without a food truck permit as provided
herein.
C. Permit.
1. An application for a food truck permit shall be filed with the City Manager or designee on a form
provided by the City.
2. The permit shall require the permittee to pay on behalf of the City all sums which the City shall be
obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from
use of public property and the public right of way, whether sustained by any person or persons, caused by
accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the
City arising out of the use of public property and the public right of way.
3. The permit shall require the permittee to obtain insurance in an amount determined by the City's
risk manager.
4. The City Manager or designee shall grant or deny the application for a permit in writing within thirty
(30) calendar days after the application being filed. The City Manager or designee shall grant the
application and issue a permit if the requirements set forth in the administrative rules have been met.
5. The applicant may appeal the denial in the same manner as mobile vending permits in Title 10.
6. The City Manager or designee, or City Council if issued following an appeal, may revoke a food
truck permit as provided in the administrative rules. A permittee may appeal the revocation in the same
manner as appealing the issuance or denial of a permit.
7. The administrative rules may limit the number of permits granted.
8. Permits shall be issued for one (1) year.
9. The permittee shall not offer tobacco or alcoholic beverages for sale.
10. The sale, transfer, or assignment of a permit is expressly prohibited.
D. No person shall operate, and no permittee shall allow a food truck to be operated, on public right of way
in the following locations:
1. Inside the Downtown Zone;
2. Within 150 feet of an entrance to a restaurant;
Ordinance No.
Page 2
3. In a residential zone, as defined in the Zoning Code; or
4. In a loading zone.
The administrative rules may expand the areas where a food truck is prohibited from operating.
E. Notwithstanding any other provision in the code, a person may:
1. Operate a food truck in two metered spaces if the parking meters for both spaces are operational.
2. Operate for up to three (3) hours in a metered space with an established time period of two (2)
hours or less if the meter is operational,
3. Back a food truck into and park and operate it in an angled stall.
F. Fees for food truck permits shall beset by resolution of the City Council.
G. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance to
carry out the provisions of this chapter. A copy of said rules shall be on file with the City Clerk and
available on the City's website.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2015.
MAYOR
ATTEST:
CITY CLERK
Approved by
?J -
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 03/23/2015
Voteforpassage: Mims, Payne, Throgmorton, Botchway, Dickens,
Dobyns, Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
N
1" = 200'
"DOWNTOWN ZONE"
FOOD TRUCK RESTRICTED AREAS