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HomeMy WebLinkAbout2015-06-02 Ordinance5b Prepared by: John Yapp, Development Services Coordinator, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (REZ15-00006) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.62 ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF COLLEGE STREET AND GILBERT STREET, FROM PUBLIC (P-1) AND CENTRAL BUSINESS SUPPORT (CB -5) TO CENTRAL BUSINESS DISTRICT (CB -10). (REZ15-00006) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of property located at the northeast corner of College Street and Gilbert Street from Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10) Zone; and WHEREAS, the City owns a majority of the property and has determined that the property is not needed for public use; and WHEREAS, the property is within one block of several public facilities, including City Hall, the Recreation Center, the Swan Parking Facility and Chauncey Swan Park and is within easy walking distance of the Public Library, Downtown Iowa City and the University of Iowa campus, fronts on a four -lane arterial street (Gilbert Street) and is served by multiple public transit routes; and WHEREAS, the property contains no residential properties, no historic properties, and is currently underutilized for substandard storage uses and surface parking; and WHEREAS, the IC2030 Comprehensive Plan Future Land Use Map identifies the property as appropriate for general commercial uses; and WHEREAS, the IC2030 Comprehensive Plan identifies the property as being in the Downtown Planning District; and WHEREAS, the IC2030 Comprehensive Plan acknowledges there is increasing demand for higher - density urban housing and supports quality infill development, maintaining a strong, accessible and pedestrian -oriented downtown, compact and efficient development, and the construction of Class A Office space in new mixed-use buildings; and WHEREAS, the CB -10 Zone is an appropriate zoning designation to encourage higher density, mixed use projects in the downtown area on property which is well -served by street access, public transit, sidewalks and parking facilities; and WHERES, pursuant to Iowa Code § 414.5, these public needs can be addressed through the imposition of certain conditions over and above the existing zoning code to limit the building height and massing, require certain on-site parking, and include Class A office space; and WHEREAS, the owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Public (P-1) to Central Business District (CB -10): Lots 5, 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_. MAYOR ATTEST: CITY CLERK Approved by City Attorneys Office �%( Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration Vote for passage: AYES: NAYS: Throgmorton, Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 06/02/2015 that the Dickens, Dobyns, Hayek, Mims. Botchway. ABSENT:. None. ABSTAIN: Payne Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and the City of Iowa City and MidAmerican Energy Company (hereinafter "Owners"). WHEREAS, Owners are the legal title holder of approximately 0.62 acres of property located at the north east corner of College Street and Gilbert Street; and WHEREAS, the City of Iowa City has requested the rezoning of said property from Public (P-1) and Central Business Support (CB -5) Zones to Central Business District (CB -10) Zone; and WHEREAS, Iowa Code §414.5 (2015) 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 Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property enhances the goals of the Comprehensive Plan specifically the need for Class A Office Space, on-site parking for residential uses, a mixed-use building, and step -backs in height at the third and fifth floors to minimize the impression of building height; and WHEREAS, the Owners agree to develop or sell this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The City of Iowa City and MidAmerican Energy Company are the collective legal title holders of the property legally described as Lots 5 and 6, and the West 160 feet of the 20 -foot wide alley in Block 43, Original Town Plat, Iowa City, Iowa. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the Owners acknowledge that Iowa Code §414.5 (2015) 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, Owners agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Any building constructed there on shall be a mixed-use building no more than 15 stories in height; shall contain a minimum of two floors of Class A Office space; b. The building height shall step -back at the third and the fifth floors along the Gilbert Street frontage and at least 70 feet of the College Street frontage; c. All required parking for residential uses being provided on-site; and d. The exterior building design shall be approved by the City's Design Review Committee prior to issuance of any building permit. 4. The Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the City's expense. Dated this A day of .12015 CITY OF IOWA CITY Matthew J Hayek, Mayor Attest: Ma it an Karr, City Clerk on.g)z-�- City Attorney's Office MIDAMERICAN ENERGY COMPANY By: �, 4, , Jeff6/y I &Ousff Vice President, Compliance & Standards By:_P..-z '9 1�4- � Paul J. Leighton Vice President & Corporate Secretary CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 7- 2 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. iiELLIE K. TUTTLE Commission Number 221819 My Co issi n Expires &--r._ l',- e- k 7�� Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) MIDAMERICAN ENERGY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: POLK COUNTY ) This instrument was acknowledged before me on ��� 2015 by Jeffery J. Gust as Vice President, Standards of MidAmerican nergy Company. % ROBYN STWHENS f ALLCommission Numbcr 75!311-- — -�7" AA • My om iss o Ex^'vac.)qwt Notary P lic in and f r said County and State STATE OF IOWA l ) ss: POLK COUNTY ) This instrument was acknowledged before me on C° a 2015 by Paul J. Leighton as Vice President & Corporate Secretary MidAmerican Energy Company. Notary Public in and for said County and State �O,4 CONNIE K SULLIVAN Commission Number 183035 My Comi ion ExpiresIrSil 117 3 N _d min Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, 4-41"40-V 3 ORDINANCE NO.F:, -E* AN ORDINANCE AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION ION 140M THE FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR HOSPITALS LOCATED IN THE COMMERCIAL ICE (CO -1) ZONE (REZ15-00009) WHEREAS, Prior to adoption of the new zonin code in 2005, there was a provision in the in the Zoning Code regarding hospitals located i the Commercial Office (CO -1) Zone that stated, "Hospi Is which existed on August 7, 19 2, shall be exempt from and may expand without compli nce with the dimensional requirem ts."; and WHEREAS\alreadyare this exemption Mercy Ho pital, which is the only hospital in Iowa City that is subject oning and is located in th CO -1 Zone, has constructed buildings that exceed the floodo (FAR) and height limit ions in the CO -1 Zone; and WHEREASa zoning code langua a in the CO -1 was adopted in 2005 that was believed at theul ccommodate futur expansion of Mercy Hospital in a manner that would be compth the urrounding lower scale neighborhood; however, because existing hospital buildiny are n conforming th regard to FAR and height, Mercy Hospital will be precluded fstructing ildings o the portions of their lots that currently contain surface parking lots; and WHEREAS, since active building s use of land than surface parking and neighborhood and facilities and activity in the neighborhood, it is in the best inti reasonable redevelopment of the hospi in mass and scale to existing hospital the perceived height of buildings wher �acqtwill create a more pedestrian -friendly and efficient lice the hospital complex is well established in the a ciated with the hospital are an expected part of life sit the City to adjust the zoning regulations to allow l prop y into active building space that is compatible buildings ith upper story fagade step -backs to reduce the hospita buts a single family zone boundary; and WHEREAS, the proposed heigh limitation of 6Neetinmbination with the upper story step-back requirement will provide appropriate althe current FAR limitation, such that it is reasonable to exempt hos itals in the CO -1 the FAR limitation in the zoning ordinance; and WHEREAS, the Planning a d Zoning Commireviewed the proposed zoning amendments and recommend a proval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO\((4),as F THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa Cis hereby amended as follows: A. Amend subparagraph 14 -2C -4C -1d. to add a paragraphIlows: (4) In the CO -1 Zone, Hospitals are exempt from the FAR limit and may exceed the height limit up to a maximum of 65 feet, provided that along lot lines that abut or are across the street from a single family residential zone, building facades above the 3`d story are stepped back at least 20 feet from the 3rd story facade. This required upper story facade step -back may be established at a lower story, provided that it is established at least 25 feet in height above grade. Ordinance No. -Page 2 B. Delete footnote 3. in Table 2C -2(a), Dimensional Requirements for All Commercial Zones, Except the MU Zone, and substitute in lieu thereof: 3. Maximum FAR is 3, except for lots that abut or are across the street from a single family residential zone, in which case the maxi um FAR is 1. Hospitals are exempt from the FAR limit in the CO -1 Zone. SECTION II. REPEALER. Allo finance; of this Ordinance are hereby repeale . SECTION III. SEVERABILITY. I any adjudged to be invalid or unconstituti al, Ordinance as a whole or any secti , unconstitutional. SECTION IV. EFFECTIVE DATE. Thi: approval and publication. Passed and approved this day of MAYOR ATTEST: CITY CLERK and parts (ft ordinances in conflict with the provisions section, p ovision or part of the Ordinance shall be . such a dication shall not affect the validity of the provisi or part thereof not adjudged invalid or nce shall be in effect after its final passage, 2015. Approved by Attorney's Office 5a Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING TO CREATE AN EXEMPTION FROM THE FLOOR AREA RATIO LIMITATION AND ESTABLISH NEW HEIGHT STANDARDS FOR HOSPITALS LOCATED IN THE COMMERCIAL OFFICE (CO -1) ZONE (REZ15-00009) WHEREAS, Prior to adoption of the new zoning code in 2005, there was a provision in the in the Zoning Code regarding hospitals located in the Commercial Office (CO -1) Zone that stated, "Hospitals which existed on August 7, 1962, shall be exempt from and may expand without compliance with the dimensional requirements."; and WHEREAS, due to this exemption Mercy Hospital, which is the only hospital in Iowa City that is subject to City zoning and is located in the CO -1 Zone, has constructed buildings that exceed the floor area ratio (FAR) and height limitations in the CO -1 Zone; and WHEREAS, the 2005 zoning code amendments eliminated the exemption, but included FAR and height limitation language intended to accommodate future expansion of Mercy Hospital in a manner compatible with the surrounding lower scale neighborhood; WHEREAS, because existing hospital buildings are already nonconforming with regard to FAR and height, the 2005 amended language unintentionally precludes Mercy Hospital from constructing buildings on its current surface parking lots; and WHEREAS, it is in the public interest to amend the zoning code to exempt hospitals from the FAR building bulk standards in the CO -1 zone, limit building height to 65 feet, and require certain step -backs for facades abutting or across the street to single-family residential zones; and WHEREAS, these amendments will allow reasonable redevelopment of hospital property into active building space that is compatible in mass and scale to existing hospital buildings with upper story fagade step -backs to reduce the perceived height of buildings where the hospital abuts a single-family zone boundary; and WHEREAS, active building space will create a more pedestrian -friendly and efficient use of land than surface parking and since the hospital complex is well established in the neighborhood and facilities and activity associated with the hospital are an expected part of life in the neighborhood; and WHEREAS, limiting the building height to 65 feet, in combination with upper story step -back for hospitals will provide an appropriate alternative to the current FAR limitation, such that it is reasonable to exempt hospitals in the CO -1 Zone from the FAR limitation in the zoning ordinance; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. 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 subparagraph 14 -2C -4C -1d, adjustments to maximum height standards for commercial properties, to add paragraph (4), as follows: Ordinance No. Page 2 (4) In the CO -1 Zone, Hospitals are exempt from the FAR limit and may exceed the height limit up to a maximum of 65 feet, provided that along lot lines that abut or are across the street from a single family residential zone, building facades above the 3rd story shall be stepped back at least 20 feet from the 3rd story facade. This required upper story facade step -back may be established at a lower story, provided that it is established at least 25 feet in height above grade. B. Delete footnote 3. in Table 2C -2(a), Dimensional Requirements for All Commercial Zones, Except the MU Zone, and substitute in lieu thereof: 3. Maximum FAR is 3, except for lots that abut or are across the street from a single family residential zone, in which case the maximum FAR is 1. Hospitals are exempt from the FAR limit in the CO -1 Zone. 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. Passed and approved this day of , 2015. MAYOR Approved by ATTEST:._. CITY CLERK • City Attorney's Office �- J►� IS- 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: AYES: NAYS: Throgmorton. Second Consideration _ Vote for passage: Date published that the 06/02/2015 Dobyns, Hayek, Mims, Botchway, Dickens. ABSENT: Payne. 5C_' Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00001) ORDINANCE NO. ORDINANCE VACATING PORTIONS OF PUBLIC ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 43, CITY OF IOWA CITY (VAC15-00001) WHEREAS, the City of Iowa City has initiated an application to vacate the western 160 feet of alley right-of-way in Block 43, City of Iowa City; and WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van Buren Street; and WHEREAS, The alley right of way is not used for general traffic or pedestrian circulation; and WHEREAS, Utility easements will be maintained for any private utilities using the alley right of way; and WHEREAS, The City of Iowa City owns the entire block except for the MidAmerican Energy parcel, which has access via a north -south access drive; and WHEREAS, The City will retain ownership of the alley and it will continue to function as a service and City vehicle access drive unless and until it is conveyed as a part of conveyance of adjacent property to be approved by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: The Western 160 feet of the 20 -foot wide alley right of way in Block 43, City of Iowa City, subject to any existing utility easements for private utilities, including the right of ingress and egress for MidAmerican Energy Company. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by Cily 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: First Consideration Vote for passage: AYES: NAYS: Throgmorton. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton 06/02/2015 that the Hayek, Mims, Botchway, Dickens, Dobyns. ABSENT: None. ABSTAIN: Payne. Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa City, IA 52240; 31 -356-5252 (VAC15-00001) ORDINANCE NO. ORDINANCE VATING PORTIONS OF PUBLIC ALLEY RIG -OF-WAY LOCATED IN BLOCK 43, CITY O IOWA CITY (VAC15-00001) WHEREAS, theCity o owa City has initiated an application to right-of-way in Block 43, City f Iowa City; and WHEREAS, Block 43 is unded by College Street, Gilbe Buren Street; and WHEREAS, The alley right of ay is not used for general tr ffic WHEREAS, Utility easements 'll be maintained for any rivat and WHEREAS, The City of Iowa City wi which has access via a north -south acc WHEREAS, The City will retain owner. City vehicle access drive unless and until be approved by the City. NOW, THEREFORE, BE IT ORDAINED IOWA: the western 160 feet of alley Washington Street and Van or pedestrian circulation; and e utilities using the alley right of way; the entire bl k except for the MidAmerican Energy parcel, drive; and ip of the ey and it will continue to function as a service and ,is conv ed as a part of conveyance of adjacent property to BY%THE CITY COUNCIL OF THE CITY OF IOWA CITY, 5C SECTION I VACATION. The City of I wa Ci hereby vacates that portion of public right-of-way described as follows: The Western 160 feet of the 20 oot wide alley ht of way in Block 43, City of Iowa City SECTION II. REPEALER. All dinances and parts f ordinances in conflict with the provisions of this Ordinance are hereby repeale . SECTION III. SEVERABILITY If any section, provision part of the Ordinance shall be adjudged to be invalid or unconstitutional, s h adjudication shall not affe t the validity of the Ordinance as a whole or any section, provision or pa thereof not adjudged invalid or nconstitutional. SECTION IV. EFFECTIV DATE. This Ordinance shall be effect after its final passage, approval and publication, as provided)5y law. MAYOR { r' r ATTEST: CITY CLERK ,F Approved by Ja4.9�_ City Attorney's Office�- 3 ; STAFF REPORT To: Planning and Zoning Commission Item: VAC15-00001 Western 160 feet of alley in Block 43 GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: BACKGROUND INFORMATION: Prepared by: John Yapp Date: May 21, 2015 City of Iowa City 410 E Washington St Iowa City, IA 52240 John Yapp 319-256-5252 Alley right-of-way vacation To allow vacated alley right of way to be modified in conjunction with potential development of adjacent property. The western 160 feet of alley right of way in Block 43, City of Iowa City (the block bounded by College St, Gilbert St, Washington St and Van Buren St) 20'x 160' (approximately 3,200 square feet) Access drive; Public (P-1) North: Park / open space; P-1 South: Parking, storage, and utility substation; P-1 and CB -5 East: Parking facility; P-1 West: Gilbert St and Mixed -Use; CB -10 Border between general commercial and public in the IC2030 Comprehensive Plan land use map May 14, 2015 The City of Iowa City is applying for a vacation of the western 160 feet of alley right of way in Block 43, City of Iowa City (see attached map). The intent of the vacation is to lift the right-of-way designation from the alley, to allow it to be modified or developed in conjunction with the proposed redevelopment of the Northeast corner of College St / Gilbert St. 2 ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The alley currently functions as an access drive to City of Iowa City property, and the MidAmerican substation property on the south side of the alley, west of the Swan Parking Facility. The alley currently dead -ends at the west side of the Swan Parking Facility, and is not used for general traffic or pedestrian circulation. An easement will be established for continued access to the MidAmerican Energy substation. b) Emergency and utility and service access: While the City is proposing to lift the right of way designation through the vacation process, the City will retain ownership of the access drive and will establish utility easements for any utilities in the alley. Public utilities in the alley include sanitary sewer and storm sewer. Staff has contacted private utility companies for their easement needs. Regarding emergency service vehicle access, the alley currently provides access to the rear of the existing structures at the Northeast corner of College St / Gilbert St. The City intends to retain ownership of the alley property and have it continue to function as an access drive unless and until the properties at the Northeast corner of College St and Gilbert St redevelop, at which point the alley may be modified. c) Impact on access of adjacent private properties The only property the alley provides access to (besides public property) is the MidAmerican Energy substation property. The City will retain easements for MidAmerican Energy utilities and access unless and until the MidAmerican Energy property is sold to a private party and the substation is removed. d) Desirability of right of way for access or circulation needs The primary function of the alley is as a service access for City vehicles. MidAmerican Energy vehicles primarily use the north -south paved drive along the west side of the Swan Parking Facility for access. The right of way designation is not necessary for the alley to continue to function as a service vehicle access drive. It would function consistent to other access drives to public and semi- public properties, most of which are not designated right of way. 3 e) Location of utilities and other easements or restrictions on the property As noted, public utilities in the alley include sanitary sewer and storm sewer. Letters have been sent to private utility providers to determine their easement needs. f) Any other relevant factors pertaining to the specific requested vacation The alley in Block 43 is a vestige of when multiple private properties used the alley for access. Since construction of the Swan Parking facility (which resulted in the alley being terminated mid -block) and City ownership of the properties at the Northeast corner of College St and Gilbert St, the alley is only used as an access drive for service vehicles. With an easement for MidAmerican Energy access to the substation property and utility easements for other utilities, the right of way may be vacated and the alley may continue to function as an access drive similar to other access drives in the community. The City is pursuing the redevelopment of the properties at the Northeast corner of College St / Gilbert St, and the alley may be modified as a part of this redevelopment. At that time, utility needs will be reevaluated as a part of the development design process. Unless and until a redevelopment project is approved for the corner of College St / Gilbert St, the land currently occupied by alley right of way will continue to function as an access drive and utility easements. STAFF RECOMMENDATION: Staff recommends approval of VAC15-00001 a vacation of the western 160 feet of the alley right of way in Block 43, City of Iowa City, subject to retention / creation of all necessary utility and utility access easements. ATTACHMENTS: 1. Location maps Approved by. Doug othro , irector Department of ighborhood and Develo ment Services N o N m F- ui U � Z z m zi 0 U U cD z o Cl) I Y V (D N N Y O m zi o U U LU L Y C LU J J O U W NNII S Cl) Y V N Y O U 3 o � m L Y C O T m 0 3 0 w m o U L c > ._ F-(D� a z COL O oL z ''.,,.. _ W LU J J O U W NNII S Prepared by: John Yapp, Dev. Srvcs. Coor., 410 E. Washington Street, Iowa ORDINANCE NO. ORDINANCE VACATING PORTIONS OF PUBLIC BLOCK 43, CITY OF IOWA CITY (VAC15-00001) WHEREAS, the City of Iowa City has initiated an alley right-of-way in Block 43, City of Iowa City, and DRAFT 52240; 319-356-5252 (VAC15-00001) RIGHT-OF-WAY LOCATED IN to vacate the western 160 feet of WHEREAS, Block 43 is bounded by College Street, Gilbert Street, Washington Street and Van Buren Street, and / WHEREAS, The alley right of is not used fo general traffic or pedestrian circulation; and WHEREAS, Utility easements will a maintai ed for any private utilities using the alley right of way; and WHEREAS, The City will retain owners ' f the alley and it will continue to function as a service and City vehicle access drive unless and unti it is conveyed as a part of conveyance of adjacent property to be approved by the City. NOW, THEREFORE, BE IT ORDAINED PfY THE IOWA: / SECTION I VACATION. The Cityo� Iowa City described as follows: / COUNCIL OF THE CITY OF IOWA CITY, vacates that portion of public right-of-way The Western 160 feet of the /0 -foot wide alley right of Ay in Block 43, City of Iowa City SECTION II. REPEALER. II ordinances and parts of ordinan es in conflict with the provisions of this Ordinance are hereby repe led. SECTION III. SEVERABI If any section, provision or part of t Ordinance shall be adjudged to be invalid or unconstitutiona such an shall not affect the vali 'ty of the Ordinance as a whole or any section, provision or art thereof not adjudged invalid or unconstitu 'onal. SFr:TION IV FFFFC IVE DATE. This Ordinance shall be in effect a r its final passage, approval and publication, as pr ovi ed by law. \ 0 C—^ S MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office t� o -Lb r. �3 4 N m S 1 L l O T w � c 3 W iF 0� .'G Planning and Zoning Commission May 21, 2015 — Formal Meeting Page 23 of 25 Theobald said that perhaps one-time events should be allowed, there being a permit process for a one-time event but not nightly. Fruin said the reason Staff liked the special exemption process was because it allows the Board of Adjustment to have this very conversation and say for each situation whether the amplified sound was appropriate or not. Eastham withdrew his motion, Theobald withdrew the second. Eastham moved that the Commission defer the consideration of the code amendment to Title 14, Zoning to add a definition for "rooftop service areas" and establish standards for such uses until the next meeting. Hench seconded. A vote was taken and the motion carried 7-0. Eastham left the meeting room. VACATION ITEM (VAC15-00001): Discussion of an application by the City of Iowa City for a vacation of the western 160 feet of alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa City). Miklo stated that Staff is recommending approval of this vacation and would be happy to answer any questions. Freerks opened the public hearing. Hearing none, Freerks closed the public hearing. Hench moved to approve VAC15-00001 an application by the City of Iowa City for a vacation of the western 160 feet of alley right of way in the block bounded by College Street, Gilbert Street, Washington Street and Van Buren Street (Block 43, City of Iowa City). Martin seconded the motion. A vote was taken and the motion carried 6-0 (Eastham was not present for the vote). Eastham rejoined the meeting. COUNTY ITEM (CZ15-00001): Discussion of an application submitted by Nicholas & Kay Colangelo for rezoning of 28.04 acres located at 3022 Newport Road NE. from A -Agricultural to R -Residential and Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00005) ORDINANCE NO. 15-4622 AN ORDINANCE CONDITIONALLY REZONING 3.34 ACRES OF PROPERTY LOCATED SOUTH OF COURT STREET, WEST OF TAFT AVENUE FROM NEIGHBORHOOD COMMERCIAL (CN -1) TO LOW DENSITY MULTI -FAMILY (RM -12). (REZ15-00005) WHEREAS, the applicant, Arlington LC, has requested a rezoning of property located south of Court Street, west of Taft Avenue from Neighborhood Commercial (CN -1) Zone to Low Density Multi -Family Residential (RM -12); and WHEREAS, the Southeast District Plan, as amended, indicates that the subject property should be developed with a mix of duplex, townhouse and low density multi -family dwellings at a development density of 8-13 dwelling units/acre with dwelling units oriented toward the town square park and toward Court Street, Taft Avenue, and Huntington Drive with parking located central to the lot and behind the buildings and screened to provide an attractive residential character to the streetscape; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided the property is developed in substantial compliance with the submitted site plan, building types, and building elevations, and the design review committee reviews and approves the retaining wall design and a landscaping plan to soften views of and reduce the perceived height of the retaining wall and to screen parking areas from public view; and WHEREAS, Iowa Code §414.5 (2015) 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 applicant/owner has 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 Neighborhood Commercial (CN -1) to Low Density Multi -Family Residential (RM -12): LEGAL DESCRIPTION LOT 1 OF WINDSOR RIDGE - PART TWENTY TWO, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 55, AT PAGE 346, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICEM CONTAINING 3.34 ACRES, 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. 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. Ordinance No. 15-4622 Page 2 Passed and approved this 2nd day of June , 2015. ATTEST: CI CLERK Approved by City Attorneys Office Ordinance No. 15-4622 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 05/19/15 Voteforpassage: AYES:Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 06/11/15 Moved by Mims, seconded by Throgmorton, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Arlington Development, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 3.34 acres of property located on Court Street between Huntington Drive and Taft Avenue in Iowa City; and WHEREAS, the Applicant has requested the rezoning of said property from Neighborhood Commercial (CN -1) to Low Density Multi -Family Residential (RM -12); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure that there is an appropriate mix of low to medium density housing types oriented toward the town square park and surrounding streets with parking behind buildings and screened from view to ensure harmony and compatibility with the surrounding neighborhood as illustrated in the submitted site plan, building types, and building elevations; and that any retaining walls located along the street are attractively designed and landscaped, the requested rezoning is consistent with the Comprehensive Plan, as amended; and WHEREAS, Iowa Code §414.5 (2015) 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 and pedestrian activity along public streets. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Arlington Development, Inc. is the legal title holder of the property legally described as follows: LOT 1 OF WINDSOR RIDGE — PART TWENTY TWO, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 55, AT PAGE 346, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE CONTAINING 3.34 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Southeast District Plan, as amended, and the Owner intends to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2015) 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 1 of 3 property: a) Substantial compliance with the submitted site plan, building types, and building elevations (attached hereto and incorporated herein); and b) Design Review approval of the retaining wall design and a landscaping plan to soften views of and reduce the perceived height of the retaining wall(s) and to screen parking areas from public view. 4. Upon completion of the items specified in paragraph 3 above, the City shall promptly issue to the Owner a good and sufficient Release so that this Conditional Zoning Agreement will not constitute a cloud on the title to the property. The City reserves the right to enforce City ordinances that apply to the property. 5. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 7. 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. 8. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. 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. 10. 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 2nd day of June CITY OF IOWA CITY /k0;a-- Matthew J. Hayek, Mayor Attest: Maria—h K. Karr, City Clerk 2015. *VV :Oington Development, Inc. 2 of 3 Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on � u-A-4*—� t)' , 2015 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. &, 6-!_ K '/,41, Notary Public in and for the State of Iowa (Stamp or Seal) tieg'� s KELLIE K. TUTTLE Title (and Rank) 2 , , Commission Number 221819 my Comissi Expires IU'NTm My commission expires: ARLINGTON DEVELOPMENT, INC. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ►M2y I �- k , 2015 by Jb�'^ U-1)• I"i°vdQrA J'P• (Name(s) of individual(s) as P��sl ate+ (type of authority, such as officer or trustee) of of Arlington Development, Inc. SHERRI 1. NOVAK 4^Xt Commission Number 759 My Commission Expire, iow� ------------- '�'fk .ter„ SHERRI l NOVAK Commission Number 759307 My C IMon Expires Notary Public in and for sai'd County and State (Stamp or Seal) Title (and Rank) My commission expires: %jZ911 S 3of3 5d Marian Karr NOR. From: John Moreland <john-arlington@gwestoffice.net> Sent: Friday, May 22, 2015 6:17 AM To: Marian Karr Cc: 'Duane Musser' Subject: Rezoning Hi Marian, I would like to ask the council to do the 2nd and 3rd votes at their next meeting. I would like to start construction as soon as possible. I Think that meeting is June 2nd Thanks, John Moreland Prepared by: Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5040. ORDINANCE NO 15-4623 ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY COUNCIL, TO CHANGE THE REVIEW PROCESS FOR CITY COUNCIL MEMBERS AND THE MAYOR. SECTION I. PURPOSE. The purpose of this ordinance is to establish a policy for further review of City Council compensation for the City of Iowa City, Iowa. Section 11. AMENDMENT. Repealing Section 1-5-3(C) in its entirety and adding a new section to read as follows: C. Adjustment. Staff will adjust City Council compensation based on an annual adjustment for inflation. The annual adjustment for inflation will be equivalent to the cumulative annual percent change in the Consumer Price Index (CPI) - A I I U r b a n C o n s u m e r s (CPI -U), Midwest Region, All Items, using the third quarter ending September 30 of the prior year and September 30 of the current year. The calculated amount will be included in the annual budget for review by the City Council in each regular election year in accordance with State Code. SECTION III. REPEALER. All other ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinances 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 V. EFFECTIVE DATE. This ordinance shall be in effective on January 1, 2016. Passed and approved this 2nd day of June, 2015. 2 ;AT • ATTEST:e.�+-a� CITY -CLERK City Attorney's Office S:councilsalary.doc 8 Ordinance No. 15-4623 Page 2 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 05/19/2015 Vote for passage$ AYES: Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: Payne. Second Consideration - Vote for passage: Date published 06/11/2015 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Prepared by: Marian K. Karr, City Clerk, 410 E Washington St, Iowa City, IA 52240 (319-356-5041) ORDINANCE NO. AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8, CITIZENS POLICE REVIEW BOARD TO RENAME THE BOARD TO COMMUNITY POLICE REVIEW BOARD AND REMOVE OR REPLACE THE WORD "CITIZEN" IN ACCORDANCE WITH RECENT CHANGES TO THE CITY CHARTER. WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the Police Citizens Review Board ("PCRB") to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough, and accurate; and WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department as a whole, by having a review process for Police Department investigations into complaints; and WHEREAS, the PCRB was renamed the "Citizens Police Review Board" ("CPRB") in 2013 at the request of the Board and the Ad Hoc Diversity Committee; and WHEREAS, the Charter Review Commission reviewed the Charter and suggested changing the name to the "Community Police Review Board" ("CPRB') and removed references to "citizens"; and WHEREAS, the City Council adopted Ordinance 15-4621 approving the Charter Review Commission recommendations on May 19, 2015. 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. Amending Section 8-8-1, "Creation of Police Citizens Review Board" by deleting said section in its entirety and substituting the following in -lieu -thereof: 8-8-1: Creation of Community Police Review Board: As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city creates the community police review board (hereinafter "board"), subject to the duties and limited powers set forth herein. B. Amending Chapter 8, "Citizens Police Review Board", by replacing "Citizens Police Review Board" with "Community Police Review Board" wherever it appears in said Chapter. C. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection C, by removing the word "Citizens" and replacing it with the word "Persons". D. Amending Section 8-8-2, "Intent, Goals and Guiding Principles:" subsection O, by removing the word "citizens". E. Amending Section 8-8-7, "Duties of the Board; Complaint Review and General Duties:" subsection C(3), by removing the word "citizens". SECTION Il. 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. Passed and approved this day of , 2015. MAYOR ATTEST: --"ved by - CITY CLERK 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 06/02/2015 Vote for passage: AYES: Mims, Throgmorton, Botchway, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: Payne. Second Consideration _ Vote for passage: Date published