Loading...
HomeMy WebLinkAbout2015-07-27 Ordinance07-27-15 5a Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 0.41 ACRES OF LAND LOCATED AT 705 AND 709 S. CLINTON STREET FROM INTENSIVE COMMECIAL (CI -1) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE (REZ15-00008). WHEREAS, the applicant, 709 Clinton, LLC., has requested a rezoning of property located at 705 and 709 S. Clinton Street from Intensive Commercial (CI -1) Zone to Riverfront Crossings — Central Crossings (RFC -CX); 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 Central Crossings Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings — Central Crossings (RFC -CX) 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 S. Clinton Street, which will be designed as a "grand promenade" leading from Downtown to the new riverfront park, 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 jobs, commercial services, entertainment, cultural, and recreational amenities available in Downtown Iowa City, the UI campus, and the new riverfront park along the Iowa River; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area, which will increase pedestrian, bicycle, and vehicular traffic along Clinton Street and in the rear alley that provides vehicular access to the property; therefore, improvements to the alley and along the street frontage will be necessary 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 that the applicant improve the rear alley to City standards from its intersection with Lafayette Street to the north property boundary of the land being rezoned prior to issuance of a certificate of occupancy of any new building(s) constructed on the property; 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 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 — Central Crossings (RFC -CX): The south half of Lot 1 and Lot 2, Block 16, in that part of Iowa City, Iowa, known and designated as the County Seat of Johnson County, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, 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 Ordinance No. Page 2 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 Approved by: , ym,6 City Attorneys Office Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), 709 Clinton, LLC (hereinafter "Applicant"), United Brotherhood of Carpenters and Joiners, and Under There, LLC (collectively referred to hereinafter as "Owners"). WHEREAS, Owners are the legal title holders of 705 S. Clinton Street and 709 S. Clinton Street, Iowa City, Iowa, together comprising approximately 0.41 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Intensive Commercial (CI -1) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure a safe and comfortable environment for residential living, including improving the rear alley to City standards in order to accommodate the substantial increase in traffic resulting from the increase in residential density caused by this rezoning, the requested zoning is consistent with the Comprehensive Plan; 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. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. United Brotherhood of Carpenters and Joiners is the legal title holder of the property legally described as the south half of Lot 1, in Block 16, in that part of Iowa City, Iowa, known and designated as the County Seat of Johnson County, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. 2. Under There, L.L.C. is the legal title holder of the property legally described as Lot 2, in Block 16, County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 253, Deed Records of Johnson County, Iowa. 3. The Applicant and Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Central Crossings 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 (2015) provides that the City of Iowa City may impose reasonable conditions on a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owners and Applicant agree that redevelopment of the subject property will conform to all requirements of the zoning chapter, as well as the following condition to be satisfied upon redevelopment of the property: 1 of 4 Prior to issuance of any occupancy permit for any new building constructed on the subject properties or a portion thereof, Owners, or their successor(s) in interest, shall improve the alley on Block 16, County Seat Addition, to City standards from Lafayette Street north to the northern property line of that property locally known as 705 S. Clinton Street, Iowa City, Iowa, and legally described in paragraph 1 above. 5. The condition contained herein is a reasonable condition to impose on the land under Iowa Code §414.5 (2015), and that said condition satisfies 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 day of '2015. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk By: 709 Clinton, L.L.C. By: United Brotherhood of Carpenters and Joiners Appr ved by: G�Cti By: Under There, L.L.C. City Attorney's Office 2of4 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) 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) My commission expires: 709 CLINTON L.L.C. ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of 709 Clinton L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: UNITED BROTHERHOOD OF CARPENTERS AND JOINERS ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of United Brotherhood of Carpenters and Joiners. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 3of4 UNDER THERE, L.L.C. ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June , 2015 by as (type of authority, such as officer or trustee) of Under There, L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: 4of4 r CITY OF IOWA CITY 14 MEMORANDUM Date: July 13, 2015 To: Tom Markus From: Sarah Walz, Assistant Transportation Planner Re: Iowa City's Bicycling Regulations Background: The City Council recently received correspondence from Jim Cochran regarding Iowa City's bicycle regulations, specifically pertaining to a code requirement that bicyclists ride single -file. In reviewing bicycle ordinances of other Iowa municipalities, staff found that surrounding communities (Tiffin, Coralville, and North Liberty) all explicitly permit bicyclists to ride two abreast on roadways. Ames, Cedar Falls, Cedar Rapids, Dubuque, and Sioux City also permit riding two abreast. While staff was unable to find any definitive studies that show that riding single file is safer than riding two abreast, most bicycle advocacy groups promote cycling two abreast because it makes cyclists more visible and requires motorists to provide sufficient space when passing cyclists by moving into the adjacent lane. Recommendation: To be consistent with our adjacent communities and to allow bicyclists to ride in manner that increases their visibility on the road, staff recommends amending Iowa City's code language regarding single -file bicycling to allow cyclists to ride up to two abreast. In addition, staff recommends modifying the requirement that cyclists ride "as far to the right hand side of the roadway as practicable." The current language, applied specifically to bicycles, may foster an unreasonable expectation on the part of motorists. There are many common situations in which it is safer and more practical for bicyclists to ride away from the far right side of the road, especially in areas where road conditions are unfavorable (e.g. due to sand, ice, storm drains, pavement conditions, or along roadways with on -street car parking) or when preparing to make a left -turn. Cyclists operating at a normal speed generally ride in the right third of the travel lane to avoid hazards located closer to the curb line. The practical issue is really whether a cyclist is riding in a reasonable and predictable manner so as not to interfere with the flow of traffic. The change recommended by staff is similar to code used in Dubuque and Cedar Rapids and is found in a number of state codes, including Minnesota. Staff recommends the following change to City Code 9-8-1 [C]. These changes are supported by the Iowa City Police Department. Current: Riding on Roadways: Persons riding bicycles on the roadway ride single file, and every person riding on bicycles on the roadway shall ride as near to the right hand side of the roadway as practicable, except for turning movements or where bike lanes so designate. Proposed: Riding on Roadways: Persons riding bicycles on the roadway shall not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. Finally, the current code definition of bicycle, which is limited to two -wheeled devices, should be expanded to include the range of recumbent and upright bicycles already commonly used on our roadways and trails. July 13, 2015 Page 2 Staff recommends the following change to City Code 9-1-1 (Definitions) Current: Bicycle: A device propelled by human power having two (2) and at least one saddle or seat for use of a rider. Proposed: Bicycle: Every device propelled solely by hand or foot pedals, having at least one saddle or seat for use of a rider, and having two (2) or three (3) wheels. From 9-8-1 Iowa City Code regulations that apply to the operation of bicycles on roadways. A. Observation of Traffic Rules: 1. All persons riding bicycles upon any street or sidewalk within the city shall obey all traffic ordinances and rules as to traffic lights and highway and street stop signs and shall be required to signal any change of direction or course of travel in the same manner as such signals are required under the law governing the use of motor vehicles and shall not turn to the right or left in traffic except at regular intersections of streets, alleys or driveways. (1978 Code §23-66; amd. 1994 Code) 2. All persons riding bicycles upon any street, sidewalk or bike lane within the city shall observe all ordinances and rules as to traffic limits and shall make full and complete stops at official stop signs. 3. In addition, all persons riding bicycles shall be subject to the provisions of ordinances applicable to the driver of a motor vehicle, except as to those provisions which, by their very nature, can have no application. (1978 Code §23-66) B. Method of Riding: 1. A bicycle rider shall not ride other than astride a permanent and regular bicycle seat. 2. No rider of a bicycle intended for one person shall carry a second person on any part of the bicycle, except infants may be carried when a suitable and proper seat is provided. 3. No person riding a bicycle shall carry any package, bundle or article which would prevent the rider from keeping both hands on the handlebars. (1978 Code §23-68) C. Riding on Roadways: Persons riding bicycles on the roadway shall Fide FAGV8FAeRt6 OF '-Where bike W -A es se designate. not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. D. Careful Riding: No person shall ride or propel a bicycle upon any sidewalk or roadway except in a prudent and careful manner. (1978 Code §23-69) Prepared by: Liz Craig, Asst. 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 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND ENFORCEMENT OF TRAFFIC PROVISIONS," AND CHAPTER 8, ENTITLED "BICYCLES," TO EXPAND THE DEFINITION OF "BICYCLE"; PERMIT THE RIDING OF TWO BICYCLES ABREAST EACH OTHER; REMOVE THE REQUIREMENT THAT BICYCLISTS RIDE TO THE FAR RIGHT SIDE OF THE ROAD; AND AUTHORIZE THE IMPOUNDMENT OF INOPERABLE BICYCLES. WHEREAS, the City has an interest in public safety and traffic efficiency; WHEREAS, City Code section 9-1-1 defines a "bicycle" as "A device propelled by human power having two (2) wheels and at least one saddle or seat for use of a rider," WHEREAS, a range of recumbent and upright bicycles that do not fit in the current definition of "bicycle" are commonly used on City roadways and trails; WHEREAS, City Code section 9-8-1C requires that bicyclists ride single -file and "as far to the right hand side of the roadway as practicable"; WHEREAS, surrounding communities such as Tiffin, Coralville, and North Liberty, all explicitly permit bicyclists to ride two abreast on roadways; WHEREAS, most bicycle advocacy groups promote cycling two abreast because it makes cyclists more visible and requires motorists to provide sufficient space when passing cyclists by moving into the adjacent lane; WHEREAS, there are many common situations in which it is safer and more practical for bicyclists to ride away from the far right side of the road, especially in areas where road conditions are unfavorable (e.g., due to sand, ice, storm drains, pavement conditions, or along roadways with on -street car parking) or when preparing to make a left -turn; WHEREAS, to be consistent with the City's adjacent communities and to allow bicyclists to ride in manner that increases their safety and visibility on the road, it is in the City's best interest to allow cyclists to ride up to two abreast and eliminate the requirement that bicyclists ride as far right as possible; WHEREAS, it is in the City's best interest to update the Code's definition of "bicycle" to reflect the use of those devices commonly used on Iowa City roadways and trails; WHEREAS, broken and inoperable bicycles attached to bike racks take up scarce space and currently cannot be impounded until they have been left unattended for seven (7) days; WHEREAS, it is in the City's best interest to allow City staff to impound an inoperable bicycle without having to wait seven (7) days; and WHEREAS, it is in the best interest of the City to adopt this ordinance. 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 1, entitled "Definitions, Administration, and Enforcement of Traffic Provisions," is amended by deleting the definition of "bicycle" and substituting the following new definition of "bicycle" in lieu thereof and by adding a new definition of "inoperable bicycle": BICYCLE: Every device propelled solely by hand or foot pedals, having at least one saddle or seat for use of a rider, and having two or three wheels. INOPERABLE BICYCLE: A bicycle is inoperable if it is left on public property and has a missing, broken, or disassembled component necessary for operation, whether parked legally or illegally. A bicycle that is missing only a seat is not inoperable. 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 1 entitled "Operation of Bicycles," Subsection C, entitled "Riding on Roadways" is amended by deleting it in its entirety and substituting the following new Subsection C in lieu thereof: C. Riding on Roadways: Persons riding bicycles on the roadway shall not ride more than two abreast and, on laned roadways, shall ride within a single lane. No bicyclist shall ride so as to impede the normal and reasonable movement of traffic. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection A, entitled "Impoundment of Bicycles" is amended by deleting it in its entirety and substituting the following new Subsection A in lieu thereof: On finding a bicycle is: a) abandoned; b) inoperable; or c) unattended at a place where the bicycle constitutes an obstruction to vehicle or pedestrian traffic or constitutes an imminent threat to the health, safety or welfare of the public or is in violation of an existing parking ordinance, the police department or any officer, agent or employee of the city so designated may remove or cause the removal of such bicycle to a place designated by the chief of police for the storage of impounded bicycles. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. 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 Appro;4,�. 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: r:VA NAYS: First Consideration Vote for passage: AYES: Botchway, Dickens. Second Consideration _ Vote for passage: Date published ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the 07/27/2015 Dobyns, Hayek, Mims, Payne, Throgmorton, NAYS: None. ABSENT: None.