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HomeMy WebLinkAbout2016-01-05 Ordinance01-05-16 5a Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, ZONING CODE, SECTION 4B -4A-7, TO ALLOW RESIDENTAIL USES ON THE GROUND -LEVEL FLOOR IN THE CENTRAL BUSINESS SUPPORT (CB -5) ZONE IN THE AREA BOUNDED BY GILBERT STREET, VAN BUREN STREET, BURLINGTON STREET AND THE MID -BLOCK ALLEY SOUTH OF JEFFERSON STREET, PROVIDED CERTAIN FORM -BASED ZONING STANDARDS ARE MET. WHEREAS, the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the mid -block alley south of Jefferson Street is located in Downtown Planning District, governed by the Downtown and Riverfront Crossings Master Plan, and consists largely of government offices and facilities and associated civic uses, such as a public parking facility and community recreation center; and WHEREAS, within this area there are opportunities for public-private partnerships to encourage development on vacant lots and underutilized surface parking areas that will achieve public goals, such as preservation of a historic church, construction of public parking facilities, creation of affordable housing and encouraging commercial and recreational uses that will serve a growing residential population in and near downtown Iowa City; and WHEREAS, in this area, for properties zoned Central Business Support (CB -5), it is beneficial to allow market demand to determine the highest and best use by allowing urban residential uses of certain building types as a provisional use in lieu of requiring commercial uses on the ground floor of mixed-use buildings zoned CB -5; and WHEREAS, certain form -based zoning standards can provide the flexibility for these complicated urban infill sites and ensure that buildings are appropriately scaled and designed to fit into an urban setting located between the most intense commercial zone and lower -scale residential neighborhoods in the Central Planning District further to the east; and WHEREAS, the South Gilbert Subdistrict form -based zoning standards are appropriately calibrated and scaled to achieve the goals identified for CB -5 Zoned properties in this area; and WHEREAS, amending the CB -5 zoning code to apply these form -based standards will allow a variety of urban building types, a maximum 6 -story building height, subject to certain exceptions, with a required 10 -foot fagade stepback above the 0 story and building and parking placement standards appropriate for this pedestrian -oriented urban setting; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Zoning Code of Ordinances of the City of Iowa City, Iowa, Section 14-46-4, "Specific Approval Criteria for Provisional and Special Exceptions", Subsection A "Residential Uses", Paragraph 7 "Multi -Family Uses in Co -1, CN -1, CC -2, CB -2, CB -5 and CB -10 Zones" is hereby amended as follows: A. Subparagraph (a) "Location" shall be deleted and substitute in lieu thereof: a. Location: The proposed dwelling units must be located above the street level floor of a building, except as provided in subsections A7e. and A7f., below. B. Subparagraph (e) "CB -5 and CB -10 Exception" shall be amended to state, in part, "In the CB -5 and CB -10 zones, except as provided in subsection A7e(4) and except as allowed by subsection Alf below". C. A new subparagraph (f) "CB -5 Form Based Code Exception", shall be added as follows: Ordinance No. Page 2 f. For properties zoned CB -5 located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the mid -block alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided the following conditions are met: (1) In lieu of the standards in paragraphs c. and d., above, the proposed ground level dwelling units must be located within one of the following building types, as described in the form -based zoning standards in 14-2G-5, Building Type Standards: (a) Apartment Building; (b) Multi -Dwelling Building; (c) Liner Building; (d) Townhouse. (2) Building frontage(s) must be designed to meet the requirements of 14-2G-4, Frontage Type Standards, as applicable for the chosen Building Type. (3) In lieu of the Dimensional Requirements and Central Business Site Development Standards that generally apply in the CB -5 Zone, buildings must comply with the same zoning standards that apply in the South Gilbert Subdistrict of Riverfront Crossings as set forth in 14-2G, Riverfront Crossings Form -based Development Standards, including all General Requirements in 14-2G-7. If the ground level dwelling units are proposed as an integral part of a larger project on the same property that includes a mix of building types, the standards that apply in the South Gilbert Subdistrict shall apply to the entire project in lieu of the Dimensional Requirements and Central Business Site Development Standards of the CB -5 Zone. (4) Buildings are subject to Design Review. Minor adjustments may be allowed by the Design Review Committee as warranted according to the provisions of 14 -2G -7H. 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 , 2016. MAYOR ATTEST: CITY CLERK Approved by -'_4,'_ City Attorney's Office 177 Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration -01/05/2016 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: Cole. ABSENT: None. Second Consideration _ Vote for passage: Date published that the CITY OF IOWA CITY MEMORANDUM Date: November 25, 2015 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Zoning Code amendments to allow residential building types in certain CB -5 Areas Background: When updating the Comprehensive Plan for areas east of Gilbert Street in the downtown area, the Commission discussed allowing residential building types on lots with Central Business zoning rather than strictly requiring ground floor commercial in every building. In other words, allowing the market to determine where commercial space would be most successful and allowing appropriately scaled residential buildings to be mixed in with small retail storefronts as the area transitions to the lower -scale residential neighborhoods to the east. This is similar to the flexibility built into the form -based zoning code for the Riverfront Crossings District. Discussion of Solutions: With this discussion in mind, staff is exploring development of a new form -based zoning district for the areas currently zoned CB -2 and CB -5 located south of Jefferson Street between Van Buren and Johnson Streets. This area was added to the Central Planning District as a part of the Comprehensive Planning effort recently completed. Staff is currently drafting language for this new district, which will be submitted to the Commission for review in December or early January. The area between Gilbert Street and Van Buren Streets was added to the Downtown District and is largely civic uses with some opportunities for public-private partnerships to encourage development on vacant lots and underutilized surface parking areas that will achieve public goals, which could include preservation of a historic church, construction of public parking facilities, creation of affordable housing, and encouraging commercial and recreational uses that will serve a growing residential population in and near downtown Iowa City. Since the Unitarian church has decided to relocate and sell their property at the corner of Gilbert and Iowa Avenue and the City has received an application for a rezoning of the church property and the City's surface parking area north of City Hall, changes to the zoning code will be necessary to allow the mix of building types (liner building, civic building, mixed-use building) that are contemplated in conjunction with preservation of the historic church. Thinking beyond this site to other future opportunities for redevelopment in this area, such as the surface parking area east of the City's Recreation Center, staff believes that adoption of form -based zoning standards would provide the most flexibility for these complicated urban infill sites while ensuring high quality, appropriately -scaled buildings is the best approach to take. In reviewing the form -based zoning districts in Riverfront Crossings, the standards that apply in the South Gilbert Subdistrict seem uniquely suited and appropriately scaled to achieve the goals identified for CB -5 Zoned areas between Gilbert and Van Buren Streets. The attached zoning code amendments will allow residential building types on properties zoned CB -5 in areas south of Jefferson Street between Gilbert and Van Buren Streets, provided that the standards that apply in the South Gilbert Subdistrict of Riverfront Crossings are met. The South Gilbert District has a maximum 6 -story building height, with a required 10 -foot fagade stepback above the 4th story, and building and parking placement standards similar to what is allowed in the CB -5 Zone. However, it also allows a number of residential building types not allow in the CB -5 Zone, including multi -dwelling buildings, liner buildings, and townhouses. Frontage standards appropriate to the building type would apply as well as the building design November 25, 2015 Page 2 standards, open space requirements, and building materials standards. Similar to the Riverfront Crossings District, to ensure that different building types will fit and function well in this urban context, Design Review will be required. Recommendation: Staff recommends amending Title 14, Zoning, as indicated on the following page. Underlined text is new language proposed and the strike -through notation indicates language to be deleted. Approved by: :7Ox John Yapp, Development Services Coordinator Department of Neighborhood and Development Services Amend 14 -4B -4A -7a. Location (of Multi -Family uses in commercial zones), as follows: a. Location: The proposed dwellings must be located above the street level floor of a building, except as provided in subsections A7e. and A7f. Add a paragraph 14 -4B -4A -7f, as follows: f. In CB -5 Zones located south of Jefferson Street and west of Van Buren Street residential uses are allowed on the ground level floor of buildings, provided the following conditions are met: (1) The building must be designed as one of the followinq building types, as described in the form -based zoning standards in 14-2G-5, Building Type Standards: (a) Apartment Building; (b) Multi -Dwelling Building: (c) Liner Building: (d) Townhouse (2) Building frontage must be designed to meet the requirements of 14-2G-4, Frontage Type Standards, as applicable for the chosen Building Type. (3) In lieu of the Dimensional Requirements and Central Business Site Development Standards that generally apply in the CB -5 Zone, buildings must comply with the same zoning standards that apply to these building types in the South Gilbert Subdistrict of Riverfront Crossings as set forth in 14-2G, Riverfront Crossings Form -based Development Standards. If a Mixed-use, Commercial Building, or Civic Building, as defined in Section 14- 2G, is proposed on the same lot as the residential building, the standards that apply to such non-residential building types in the South Gilbert Subdistrict shall also apply in lieu of the Dimensional Requirements and Central Business Site Development Standards of the CB -5 Zone. (4) Buildings are subject to Design Review. Minor adjustments may be allowed by the Design Review Committee as warranted according to the provisions of 14 -2G -7H. Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 7 of 10 between the space between the building, the sidewalk and the street. Eastham noted the building on Washington Street that is zoned CB -5 and did not have any design review, and how that building has become problematic with its appearance from the street and it's acceptance from the neighborhoods surrounding. He feels the setbacks are critical, especially on the north side as this will be a fairly large building and the transition aspect goes the other way for him in terms of setting back the building to reflect the residential area of Iowa Avenue more. He feels the buildings in town that are set back from the street with nice landscaping are more successful and actually quite pleasant from a pedestrian viewpoint. Eastham would like to see more detail on the streetscape from the developer before sending this onto Council. Freerks agrees with Eastham when it comes to transitioning and feels green space, even a small bit, can do a lot to soften the transition from residential to downtown. She does agree this is a good project for the community and wants to see it succeed. Hensch stated that he likes the idea of the townhomes having a brownstone walk-up feel. Theobald noted she likes how this proposal incorporates the church property and does feel it will be a good transition from downtown to residential but to add additional landscaping, greenspace, and trees is always a plus to give the building a neighborhood look. Dyer stated she feels this proposal is a nice solution but is concerned that is will be a whole block building that is not accessible on the street level. She feels it is vitally important that the access to the apartments be really visible because if it is not people won't visit. If the building is not accessible or welcoming to visitors it will not be as successful. Eastham wants Council to be aware that he believes the amendment to the zoning code should precede the rezoning of this parcel. He stated he will vote no on this recommendation because he feels the Council needs to know about this discussion. A vote was taken and the motion carried 6-1 (Eastham dissenting). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, to allow residential uses on the ground level floor in CB -2 and CB -5 Zones located south of Jefferson Street and west of Van Buren Street, provided certain form -based zoning standards are met to ensure a high quality living environment. Howard showed a zoning map of the area and the area is primarily CB -2 and CB -5 zoned. Everything south of Burlington Street that was CB -5 has been rezoned to Riverfront Crossings. Howard acknowledged that the Commission has held a number of Comprehensive Plan amendment discussions and the area between Gilbert Street and Van Buren Streets was added to the Downtown District and is largely civic uses with some opportunities for public-private partnerships to encourage development on vacant lots and underutilized surface parking areas that will achieve public goals, which could include preservation of a historic church, construction of public parking facilities, creation of affordable housing, and encouraging commercial and recreational uses that will serve a growing residential population in and near downtown Iowa City. When updating the Comprehensive Plan for areas east of Gilbert Street in the downtown area, the Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 8 of 10 Commission discussed allowing residential building types on lots with Central Business zoning rather than strictly requiring ground floor commercial in every building. In other words, allowing the market to determine where commercial space would be most successful and allowing appropriately scaled residential buildings to be mixed in with small retail storefronts as the area transitions to the lower -scale residential neighborhoods to the east. This is similar to the flexibility built into the form - based zoning code for the Riverfront Crossings District. Staff is exploring development of a new form -based zoning district for the areas currently zoned CB -2 and CB -5 located south of Jefferson Street between Van Buren and Johnson Streets. This area was added to the Central Planning District as a part of the Comprehensive Planning effort recently completed. Staff is currently drafting language for this new district, which will be submitted to the Commission for review in December or early January. The zoning code amendments will allow residential building types on properties zoned CB -5 in areas south of Jefferson Street between Gilbert and Van Buren Streets, provided that the standards that apply in the South Gilbert Subdistrict of Riverfront Crossings are met. The South Gilbert District has a maximum 6 -story building height, with a required 10 -foot facade stepback above the 4th story, and building and parking placement standards similar to what is allowed in the CB -5 Zone. However, it also allows a number of residential building types not allow in the CB -5 Zone, including multi -dwelling buildings, liner buildings, and townhouses. Frontage standards appropriate to the building type would apply as well as the building design standards, open space requirements, and building materials standards. Similar to the Riverfront Crossings District, to ensure that different building types will fit and function well in this urban context, Design Review will be required. Freerks stated her strong opposition with including up to Jefferson Street in this amendment stating there is no reason to include that area and cut a street in half where there are existing homes knowing a developer would come in and remove the homes and build a CB -5 building. She feels the area of for this amendment needs to be specified in detail so it is clear what the Commission agrees to. Martin noted that she is no longer on the UAY Board, so she no longer has to recuse herself from these discussions. Eastham asked about townhouses, in the South Gilbert Subdistrict townhomes are not allowed but they are being proposed in this area. Howard explained that in this area townhomes are a desirable transition from the east to downtown. She noted the concept plan just reviewed technically shows a liner building even though the form is very similar to a townhouse. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Theobald moved to approve recommending amending Title 14 zoning as indicated in the Staff Report with changing the border of the area from the alley south of Jefferson Street to Burlington Street bounded by Gilbert and Van Buren Streets. Parsons seconded the motion. Hensch asked if the main function of this amendment is to allow developers to not have to have Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 9 of 10 commercial on the first floor/street level and can substitute that with residential units. Freerks confirmed that was correct in the CB -5 zones only. Howard noted that in paragraph #3 of the staff report it states that if a developer is mixing the uses of a building they must follow the Riverfront Crossings Standards. It is for clarification purposes. Freerks noted this amendment allows for more possibilities. Hensch agreed stating anything that expands the residential types and allows more mixes of people to live closer to downtown is a positive. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES: NOVEMBER 19, 2015 Martin moved to approve the meeting minutes of November 19, 2015 with corrections. Dyer seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Theobald asked if they could be updated at some point of what is happening in the Riverfront Crossings area that does not come through the Commission. ADJOURNMENT: Martin moved to adjourn. Parsons seconded. A vote was taken and motion carried 7-0. 13- 1`11,.+ Z9 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, I!A 52240, ORDINANCE NO. _--_ AN ORDINANCE AMENDING TITLE 14, ZONING CODE, S TION 4B-4@ 7' T&AL RESIDENTAIL USES ON THE GROUND -LEVEL FLOOR IN THE CEN WSIN Fri SUPPORT (CB -5) ZONE IN THE AREA BOUNDED BY GILB RT STREI%,-�/AIfBU STREET, BURLINGTON STREET AND THE MID -BLOCK ALL Y SOUTH &PjEffERSON STREET, PROVIDED CERTAIN FORM -BASED ZONING STAN RDS ARE MMT.cn WHEREAS, the area bounded by Gilbert Street, Van Bure Street, Burlington Street and the mid -block alley south of Jefferson Street was added to the owntown Planning District and consists large of government offices and facilities and assoc' ted civic uses, such as a public parking facility d community recreation center; and WHEREAS, 'thin this area there are some opportuniti for public-private partnerships to encourage develop ent on vacant lots and underutilized su ace parking areas that will achieve public goals, such a reservation of a historic church, co struction of public parking facilities, creation of affordable ousing and encouraging comm rcial and recreational uses that will serve a growing residen I population in and near downt n Iowa City; and WHEREAS, since this rea is outside the Central usiness District, it is beneficial to allow market demand to determin the highest and best u e by allowing urban residential building types as an alternative to stri ly requiring cod I uses on the ground floor of mixed-use buildings in areas zoned Centra usiness Support ( B-5); WHEREAS, certain form -bas zoning stand ds will provide the most flexibility for these complicated urban infill sites and en ure that buil ngs are appropriately scaled and designed to fit into an urban setting that transitio to lower scale residential neighborhoods in the Central Planning District further to the east; an WHEREAS, the form -based zoning s nd rds that apply in the South Gilbert Subdistrict are appropriately calibrated and scaled to achi the goals identified for CB -5 Zoned properties in this circumscribed area; and WHEREAS, applying these form -k types, a maximum 6 -story building heig story and building and parking placen urban setting; and WHEREAS, the Planning ando amendments and recommend agor al NOW, THEREFORE, BE IT CITY, IOWA: SECTION I. The Code of C follows: A. Delete paragraph 14 - and substitute in lieu he Te d ndards will allow a variety of urban buildin ith a quired 10 -foot fagade stepback above the 4 stand ds appropriate for this pedestrian -oriented ning Commis n has reviewed the proposed zoning NED BY THE CI COUNCIL OF THE CITY OF IOWA nances of the City of Iowa 7a., Location (of Multi -Family , Iowa is hereby amended as in commercial zones), a. Location: TheIptas posed dwelling units must be located above the street level floor of a building, ex provided in subsections A7e. and A7f., below. B. Amend paragraph 14-4134A-7, by adding a new paragraph f., as follows: Ordinance No. Page 2 f. In CB -5 Zones located within the area bounded by Gilbert Street, Van Buren Street, Burlington Street and the mid -block alley south of Jefferson Street, residential uses are allowed on the ground level floor of buildings, provided the following conditions are met: (1) In lieu of the standards in paragraphs c. and d., above, the proposed ground level dwelling units must be located within one of the following building types, as described in the form -based zoning standards in 14-2G-5, Building Type Standards: (a) Apartment Building; (b) Multi -Dwelling Building; (c) Liner Building; (d) Townhouse (2) Building fr tage(s) must be designed to meet threquirements of 14-2G-4, Frontage Type Standa s, as applicable for the chosen Bu' ding Type. (3) In lieu of the Di nsional Requirements and C ntral Business Site Development Standards that ge erally apply in the CB -5 Z e, buildings must comply with the same zoning standards t t apply in the South Gil ert Subdistrict of Riverfront Crossings as set forth in 14-2G, Ri erfront Crossings For -based Development Standards, including all General R quirements in 14- -7. If the ground level dwelling units are proposed as an integral art of a larger p 'ect on the same property that includes a mix of building types, the andards that pply in the South Gilbert Subdistrict shall apply to the entire project in ieu of the imensional Requirements and Central Business Site Development ndard of the CB -5 Zone. (4) Buildings are subject to Design #w. Minor adjustments may be allowed by the Design Review Committee as war nted according to the provisions of 14 -2G -7H. SECTION II. REPEALER. All ordina es an art of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, adjudged to be invalid or unconsti tional, such add Ordinance as a whole or any ection, provision unconstitutional. SECTION IV. EFFECTIVE approval and publication. Passed and approved th' _ MAYOR ATTEST: _ C Approved by: of ordinances in conflict with the provisions ,TE. This Ordinance City Attorney's Office day of ion or part of the Ordinance shall be ition shall not affect the validity of the part thereof not adjudged invalid or 1�u be in effect after its final passage, 2016. C7 o c� 00 5b Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00022) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRE LOCATED SOUTH OF IOWA AVENUE BETWEEN GILBERT AND VAN BUREN STREETS FROM NEIGHBORHOOD PUBLIC (P-1) TO CENTRAL BUSINESS SUPPORT (CB -5). (REZ15-00022) WHEREAS, the applicant, Allen Homes, Inc., has requested a rezoning of property located south of Iowa Avenue between Gilbert and Van Buren Streets from Neighborhood Public (P-1 ) to Central Business Support (CB -5 ); and WHEREAS, the Comprehensive Plan, specifically the Downtown Riverfront Crossings Master Plan supports the proposed combination of public, office, and residential uses; and WHEREAS the preservation of the Unitarian Church as a historic landmark in conjunction with development of the property hereby being rezoned would meet the historic preservation goals of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has determined that the proposed rezoning request complies with the Comprehensive Plan provided that the development of the property generally conforms with massing and scale shown on the concept plan and the Unitarian Church Building is designated as historic landmark; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby zoned Central Business Support (CB -5): BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89"19'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00°46'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS 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 this ordinance 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 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. Ordinance No. Page 2 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. Passed and approved this day of '20—. MAYOR: Approved by: ATTEST: CITY CLERK City Attorney's Office Z�Z ����' CITY CLERK Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration Vote for passage: Botchway, Cole, Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton 01/05/2016 AYES: Mims, Taylor, Thomas, Throgmorton, Dickens. NAYS: None. ABSENT: None. that the Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ15-00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), City of Iowa City (hereinafter "Owner"), and Allen Homes, Inc. (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately .98 acre of property located south of Iowa Avenue, north of Washington Street, between Gilbert and Van Buren streets; and WHEREAS, the Applicant has requested the rezoning of said property from Neighborhood Public (P-1) to Central Business Support (CB -5); and WHEREAS, the Planning and Zoning Commission has determined that, with preservation of the Unitarian Church Building and development at a scale appropriate for Iowa Avenue, 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 a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and WHEREAS, the Applicant acknowledges the need to preserve the Unitarian Church building to comply with the policies of the Comprehensive Plan and acknowledges that the City intends to consider an ordinance designating that structure as a historic structure pursuant to the City zoning code; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Owner is the legal title holder of the property legally described as: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 44, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 1, PAGE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTENSION, 160.46 FEET TO CENTERLINE OF THE PLATTED ALLEY; THENCE S89019'44"W, ALONG SAID CENTERLINE, 319.30 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 44; THENCE N00046'57"W, ALONG SAID WEST LINE, 50.58 FEET TO THE SOUTHWEST CORNER OF THE NORTH 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°21'01"E, ALONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTH 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ppdadm/agt/rezoning cza- Iowa ave city parking lot.doc 2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Development of this property shall be in general conformance with massing and scale shown on the concept plan attached here to and by reference made part of this agreement. 4. The Owner and Applicant 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 Owner and Applicant 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. Applicant acknowledges, however, that this Conditional Zoning Agreement does not constitute an agreement between the Owner and Applicant for the conveyance of any property right to Applicant. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner 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. 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 Applicant's expense. Dated this day of , 20_ CITY OF IOWA CITY ALLEN HOMES, INC. Mayor Attest: ppdadm/agt/rezoning cza- Iowa ave city parking lot.doc 2 syr ,1 Marian K. Karr, City Clerk By: Approved by: 10 k6�?4n City Attorney's Office 10 -3115 - CITY -3/is.CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA JOHNSON COUNTY ) This instrument acknowledged before me this day of 2016, by James A. Throgmorton and Marian K. Karr, as the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa. Notary Public in and for said State Allen Homes, Inc. LLC ACKNOWLEDGMENT: State of tq County of .TohsL6 evw This record was acknowledged before me on lke,- ler by (Name(s) of individual(s) as Trnesij,e f (type of authority, such as officer or trustee) of in Ilo w Ab-� . (name of parry on behalf of whom record was executed). Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) C14 6/Bre My commission expires: Ila 3 ppdadm/agtlrezoning cza- iowa ave city parking lot.doc 3 ,*,...® CITY OF IOWA CITY • MEMORANDUM Date: January 5, 2016 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator Re: Updated graphic for proposed project on north City Hall parking lot (REZ15-00022) Staff has received an updated graphic for the project proposed on the north City Hall parking lot. The graphic shows anticipated setbacks from the property line, sidewalk, and street pavement for the proposed project (see attached). I would emphasize that until the project proceeds to final design, I would still characterize the setbacks as conceptual. They do, however, provide the anticipated/approximate setbacks for the proposed project. O O I O g s. oq.MT PO.W. O O O I �o I? CE S. VAN BMEN RO.W. m Z roD 177 v N m ma m 3 0 0 0 0 n BILBBRT ST Zy VAN BUREN ST _N i i STAFF REPORT To: Planning and Zoning Commission Prepared by: Bob Miklo Item: REZ15-00022 Iowa Avenue, Gilbert Date: December 3, 2015 and Van Buren Streets GENERAL INFORMATION: Applicant: Allen Homes, Inc. P.O. Box 3474 Iowa City, IA 52244 (319) 530-8238 alien homesinc@gmaiI-com Contact: Ron Amelon 1917 S Gilbert St. Iowa City, IA 52240 (319) 351-8282 r.amelon@mmsconsultants.net Requested Action: Rezoning from P-1 to CB -5 Purpose: Development of mixed-use project including townhouses, apartments, parking ramp, commercial space and fire station addition. Location: South side of Iowa Avenue between Gilbert and Van Buren Streets. Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 98 acre Parking Lot (Fire/Police and City Hall parking) P-1 North: Mixed use — CB -5 East: Mixed use - CB -5 South: City Hall - P-1 West: Former Unitarian Church and commercial and parking - CB -5 and CB -10 November 12, 2015 December 27, 2015 The applicant is requesting approval of a rezoning from the Public (P-1) zone to Central Business Support (CB -5) zone, consistent with the Comprehensive Plan for the area, and to allow the transfer of portions of the property for private development in conjunction with redevelopment of a portion of the Unitarian Universalist Church property, which is currently zoned CB -5. This property is governed by the IC2030 Comprehensive Plan, as well as the Downtown and Riverfront Crossings Master Plan. The applicant has submitted a concept plan that illustrates development of this property would 2 include residential townhouses along Iowa Avenue and Van Buren Street, a parking structure in the center of the block with three floors of apartments above and a mixed-use building with 6,000 square feet of office space, and space for the Iowa City Fire Station. The concept plan also shows redevelopment of that portion of the Church site recently demolished and the Unitarian Church being preserved. ANALYSIS: Current and proposed zoning: This property is currently zoned Public (P-1) to reflect the City's ownership and use of the property for parking serving the City Hall. The purpose of the Public Zones is to provide reference to public ownership and use of land. The Public zones serve a notice function to those owning or buying land in proximity to publicly owned land. The purpose of the Central Business Support Zone (CB -5) is to allow for the orderly expansion of the Central Business District in accordance with the Comprehensive Plan; to serve as a transition between the intense land uses located in the Central Business District and adjoining areas; and to enhance the pedestrian orientation of the central area of the city. This zone is intended to accommodate mixed land uses, but at a lower intensity than permitted in the CB -10 District. The mixture of land uses permitted in this zone requires special consideration of building and site design. To control traffic and provide for the most efficient use of land and parking facilities, special consideration of the amount and location of parking areas is also required. To encourage developments that contain features providing a public benefit, a bonus in floor area ratio or dwelling unit density may be granted. Both the Comprehensive Plan and Downtown and Riverfront Crossings Master Plan support preservation of historic buildings. The regulatory incentive to support preservation of historic buildings in the CB -5 Zone is a Floor to Area (FAR) Bonus at a ratio of 3:1 (the Floor Area of a proposed building may increase by 3 SF for every 1 SF of a historic property which is preserved). Based on the applicant's concept plan, the Unitarian Church property would be preserved, and the FAR bonus provision would be used on the structure proposed to be developed. Therefore, staff recommends as a condition the Unitarian Church property be designated as historic landmark prior to a building permit being issued. The proposed concept plan showing residential uses on the ground floor is currently not allowed in the CB -5 zone. Commercial uses are required for the ground floor. Staff, however, supports an amendment to the zoning code to allow residential uses on the ground floor in certain situations like this and an amendment to the zoning code to apply design standards similar to those in the Riverfront Crossings form -based code. Comprehensive Plan: This property is included in the Downtown and Riverfront Crossings Master Plan, which contains policies and goals intended to guide development. In the 'Strategic Infill' section of the Downtown District Section, the Plan states: In order to reinforce the existing fabric that currently exists in Downtown Iowa City, new development should be mixed-use and pedestrian -oriented in nature. In addition, it should follow a list of very basic rules that are consistent with the existing character of downtown. The following guidelines were developed following a thorough analysis of the patterns and framework that make downtown special. These include: *New development should be located on sites that do not contain historic buildings. *Active uses, such as ground floor retail (and not blank walls) should front onto the street frontages and the City Plaza. *Upper floors should contain office, commercial, and residential uses. 3 *Buildings should be built to the property line. •Corner locations should be reserved for taller buildings, creating a block structure with taller buildings on the corners and lower scale historic buildings between them. *The taller buildings on the corners should have a lower base consistent with [any] adjacent historic buildings to make them 'feel' contextual with the rest of downtown, while also limiting the perceived height of towers. •Parking should be located both on -street and behind storefronts in parking structures The proposed CB -5 zone and the development concept plan are generally consistent with these polices. In addition to these policies, the Downtown and Riverfront Crossings Master Plan contains land use and height maps. The land use map shows this area as appropriate for mixed use development. The proposed combination of public, office and residential uses is consistent with the plan map. The proposed 4 story townhouses and mid -block 6 story building are also consistent with the building height map which is intended to encourage taller buildings be located mid -block away from Iowa Avenue. The general Comprehensive Plan as well as the Downtown and Riverfront Crossings Master Plan contain policies which encourage the preservation and reuse of historic buildings. Tools to help implement these policies, including the transfer of development rights and bonus square footage for adaptive reuse, and the reduction of parking requirements, are contained in the zoning code. By preserving the Unitarian Church as a historic landmark, the proposed development allowed by this rezoning would meet the historic preservation goals of the Comprehensive Plan. Floodplain: Most of this property is located within the 500 -year floodplain of Ralston Creek. The Floodplain regulations require that habitable space be elevated at least 1 foot above the floodplain. The concept plan illustrates compliance with this requirement. Other Considerations: Because the City owns the property, development may not proceed unless the City reaches an agreement with the developer regarding transfer of property and air rights for the residential uses, construction and operation of the parking facility, construction of the fire station addition, use of Tax Increment Financing or other public funds if any, conditions regarding affordable housing and final design. This agreement does not require Commission review, but will require City Council approval. STAFF RECOMMENDATION: Staff recommends approval of REZ15-00022, an application to rezone .98 acres of land located south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB -5 subject to the general conformance with massing and scale shown on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property currently being rezoned. ATTACHMENTS: 1. Location Map 2. Concept Plan Approved by: John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services 1 Z Q IL `W r N 40Z 15 N38nG NVA MR -V oil w �o 49 ate, Xa - >;% Im 0 a v Z 0 Q W J W H 0 Z 3 W_ m R N LLI G 0 z 3 0 F-- %.00 W. m m mm M N O N O N f N 0 5 0 0 m w F u o N i b Fr Is C 0---% RT LU G 0 Z 3 0 v 0 0 0 0 mi LL MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 3, 2015 — 7:00 PM — FORMAL IOWA CITY PUBLIC LIBRARY, MEETING ROOM A MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Karen Howard, Bob Miklo OTHERS PRESENT: Dave Zahradnik, Ginalie Swain, Adam Ingersoll, Tim Adamson RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Eastham dissenting) the Commission recommends approval of REZ15-00022, an application to rezone .98 acres of land located south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB -5 subject to the general conformance with massing and scale shown on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property currently being rezoned. By a vote of 7-0 the Commission recommends approval of amending Title 14 zoning as indicated in the Staff Report with changing the border of the area from the alley south of Jefferson Street to Burlington Street bounded by Gilbert and Van Buren Streets. The meeting was called to order at 7:00 PM, PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none REZONING ITEM (REZ15-00022): Discussion of an application submitted by Allen Homes, Inc. for a rezoning from Public (P-1) zone to Central Business Support (CB -5) zone for approximately .98 acres of property located south of Iowa Avenue between Gilbert Street and Van Buren Street. Miklo began the staff report showing a location map of the property and the recent amendment to the Comprehensive Plan that was adopted by the Council. The proposal is to rezone this property from Public to Central Business Support (CB -5) zone, which is the zoning that several properties to the north and east are as well as other the property on this particular block. This zone is intended to allow the orderly expansion from Downtown (CB -10 zone) at a less intense scale, therefore the Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 2 of 10 density and height of development that is possible is less than the immediate downtown to provide a transition to adjacent areas. Miklo noted the Comprehensive Plan for the area does show the possibility of changing this property from Public to CB -5 and has some guidelines on how development of this property could best fit into the neighborhood. The Plan shows the possibility of two to four story buildings on Iowa Avenue and Van Buren Street with the possibility of taller development of four to six stories in the center of the block and preservation of the historic Unitarian Church on the corner of Iowa Avenue and Gilbert Street. The rezoning is necessary to allow the City to transfer development rights of this property to a private entity and that is why Allen Homes has applied for the rezoning. If the rezoning is approved, there are several other steps that need to be accomplished in order for this proposed development to occur. The City would need to negotiate transfer or ownership of the property, it is possible that portions would be owned by the developer and portions would be retained by the City. All details will need to be worked out with the City Council before development would occur. Miklo noted a significant aspect of this application is the preservation of the Unitarian Church building. That is one of the goals supported by the Comprehensive Plan and this zoning is seen as a tool to help accomplish that. Another aspect of the application is replacing the city parking that would be built upon, currently the City has about 100 parking spaces on this property, most used by City vehicles such as police and fire and some for employee parking. If this proposal was approved it would include a four -level parking structure which would replace the parking that is currently there plus provide parking for the proposed residential units. The project would also include the expansion of the fire station and would allow the development of drive-thru bays so fire trucks could enter off Van Buren Street and exit onto Gilbert Street, rather than having to back into the station from Gilbert Street. Miklo stated that much of this property is in the five hundred year flood plain from Ralston Creek so the residential aspect will be elevated above the flood plain. Staff recommends approval of REZ15-00022, an application to rezone .98 acres of land located south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB -5 subject to the general conformance with massing and scale shown on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property currently being rezoned. Hensch asked for more information about the designation of the historic landmark. Miklo said landmark designation is a form of zoning, it would first need to be reviewed by the Historic Preservation, to determine the property does meet the criteria for landmark status, it is then sent to the Planning and Zoning Commission to determine if the designation would meet the Comprehensive Plan and then finally the City Council makes the designation. The City Council can make a property a landmark over a property owner's objection provided there are six out of seven Council members in favor. If the property owner does not object it only takes a simple majority of four members. Freerks asked how the parking structure would be regulated. Miklo said that is a detail that has not Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 3 of 10 been worked out, but they don't anticipate the parking spaces would be rented by the applicant to individuals outside the City organization. The spaces would primarily be for the City's needs and the residents of the building. Howard added there is no "near downtown" parking requirements anymore, which was eliminated when Riverfront Crossings was created. However, this parking structure proposal is not intended to be a municipal parking structure in that the public can park there, this is to fulfill the requirement for residential parking. She noted commercial parking spaces are not allowed except when owned by the City. So a private developer cannot build a parking structure and rent out spaces to the public. All parking spaces for this development will be for the use of City vehicles and residents of the building. Hektoen noted there is precedent for this type of parking structure in the redevelopment of the former Sabin site. Eastham noted that the Unitarian Church used the current City surface parking lot spaces on nights and weekends. Miklo said the Church is no longer in that building, so that building use will change, likely to a commercial use and parking is not required for commercial uses in the downtown area. Hektoen noted that level of detail will not be completed until the development agreement is completed. Miklo said that in terms of the number of parking spaces available, there will be the number of spaces the City currently has and additional spaces as required by the zoning code for the number of residential units that will be in this development. There may be few extra spaces, but the exact number is not known at this point. It has not been determined who will own the parking spaces, it may be the City and not the private developer. Freerks asked about the balconies and that in the schematic drawing it appears that the balconies will "bump out" and she thought all balconies must be recessed inward. Hektoen said they cannot intrude into the right-of-way. Howard said they can extend out from the building wall as long as they do not extend over or within a certain distance of the property line per the zoning code. Miklo noted the drawings are just conceptual at this point. Freerks commented on some questions she has for the applicant with the conceptual plan only having 6000 square feet of office space. The Commission hears often hears about the need for office space, so was curious why more wasn't included in this project. Additionally she noted that the zoning code would need to be amended prior to any of this project moving forward. Miklo agreed stating that the CB -5 code would require that on the first floor on Iowa Avenue and Van Buren Street be commercial, so an amendment would be necessary to allow residential. Hektoen noted that amendment does not need to be done first, the proposal tonight is for the change in zoning from P-1 to CB -5. After it is CB -5 it can then be amended to allow residential on the first floor. Miklo anticipates both recommendations would go to Council at the same time. Eastham asked if the Commission can make a recommendation that this application not be approved until the accompanying amendment is also approved. Hektoen noted the recommendation on the change is zoning is not contingent on the conformation of residential on the first floor. Martin asked about the office space in the conceptual plan, noting she sees 12,000 square feet of office space over two floors. Miklo agreed, noting it was an error in the Staff report to state there was only 6,000 square feet of office space. Parsons asked what the square footage of the church that was being preserved, as that would be potential commercial space. Miklo would look into that and report the answer to that question. Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 4 of 10 Eastham noted he had some questions on the site design on this location. The site plan shows building setbacks along Iowa Avenue and Van Buren Street that are small, and the rendering drawings show a larger setback, so is unsure which is correct and he should consider in this evening's proposal. Miklo said the Commission is being asked to consider the concept of the site plan, the conceptual drawing is not to scale. Howard noted that the sidewalks are not always up to the property line in the right-of-way. Eastham asked then if he would prefer a greater setback on both Iowa Avenue and Van Buren Street what are his options. Miklo said he could make a motion to add that as a condition, with the setback specified, however staff would be concerned due to the need for adequate driveway width and parking. Additionally it could result in very shallow living units in the residential portion of the building. He added that in the CB -5 zoning code the setback is 0-12 feet. Parsons asked if the setback on this proposal was similar to the other houses and properties on Iowa Avenue. Eastham said no, this proposals was closer to the sidewalk and street than other properties along Iowa Avenue. Miklo noted the Unitarian Church building is approximately 6000 square feet. Freerks opened the public hearing. Dave Zahradnik (Neumann Monson Architects) discussed the project in more detail. They began working with the Unitarian Church even prior to Allen Homes getting involved in the project and been through a number of ideas, proposals, and options for this site. The church needed to move off the site, to a location that met their needs better. Allen Homes entered the picture and looked at many scenarios for the area, including what if the church was torn down or what could be done to preserve the church building. After discussion with the City and reviewing their uses and needs for the land, it appeared there could be some project that would be a win-win for all involved entities. In looking at this site, they followed the lead of another project in town, the Sabin Townhome site, and looked at appropriate transition options for this site. CB -5 zoning allows for 75 feet in height, but there have been so many height issues in discussion lately so in an effort to fit nicely into the neighborhood they came up with the concept of the townhomes that gives more of a residential feel at the street front and respects the nature of the neighborhood. It would be a good transition from the single family residential neighborhood into the downtown neighborhood. Zahradnik noted their plans are to stay within all the CB -5 zoning requirements for the tall portion of this building. There are two-story townhomes (stacked on top of each other so four stories total) that are at ground level, although higher than existing grade due to the flood plain, so there is a "front stoop" appearance to the townhomes. There will be parking supplied for the tenants of the townhomes in the adjacent parking structure, the parking levels will be at the level of the townhomes, so residents will be able to park at their backdoors and walk directly into their townhomes which makes it a very friendly parking situation for the tenants. Additionally after discussions with City Staff, they were able to accommodate the need of the fire department with the drive-thru bays. They are also working with the fire department on redesigning their space and allowing for better connectivity with City Hall and also for their bunks to be more accessible to the bays for better response time. Martin asked for clarification on the parking going right to the backdoors of the townhomes and the safety of walking out the backdoor of a townhome and being immediately in a parking structure. Zahradnik said the backdoors will have security units on them and with the City also using the parking structure there will be police cars and other City fleet vehicles in the structure. Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 5 of 10 Dyer asked about the concern of air pollution from the parking structure into the homes. Zahradnik said 45% of the ramp is open so there is enough air circulation so they will not need mechanical ventilation in the ramp. Martin asked about the elevation of the first floor townhome and if that is raised above the flood plain, what is below that? Zahradnik replied that nothing is below, no basements. Theobald asked about the fire trucks and the residents vehicles using the same entrance and Zahradnik said that is correct. In the parking structure cars will go up a speed ramp to the level of the second set of townhomes (so level 3). On that level is also about 6,000 square feet of office space. There is also 6,000 square feet of office space on the next level as well (level 4). There will be elevators and stair corridors for every level. After the four levels of townhomes, there is then above the parking structure three levels of residential studio, one, two and three bedroom units. They are looking at affordable housing opportunities for this area where 15% of the units would have to be part of that. Zahradnik said there would be an area between the church and the building for a pedestrian plaza area as well as the ability to add in some ADA accessible entrances and restrooms in the church building. They are unsure what the church building will be transformed into, but are thinking perhaps a restaurant or office. They are also looking at materials to use on the townhomes and feel it is appropriate to use masonry due to all the other brick work along Iowa Avenue. They would likely use a mix of brick tones to give individual identity to the townhomes. Freerks stated her appreciation of having the mixed color of bricks on the townhomes. Dyer asked what the materials for the three levels of residential above the parking structure would be. Zahradnik said they have looked at a couple different options and are thinking terra cotta panels of a different color than what is below or perhaps an architectural metal, but something that will be contrasting and set that area off from the levels below. He said the lighter colors may appear to recede. But colors are just conceptual at this point. Dyer felt that the lighter color of the upper floors made them stand out and that she would like to see that works better with the townhouses. Dyer stated that since the townhomes would be two stories they would not be accessible. Zahradnik confirmed that was correct, but all the units on the upper three floors would be accessible. Freerks asked if there were plans to rent individual parking spaces in the structure to the public. Zahradnik said they are predicting about 200 spaces and the need for their units and what the City currently utilizes would be about 180. The extra 20 spaces might be utilized by the office spaces. The issue of who owns the ramp and the spaces and who is renting from whom will have to be worked out in the developer's agreement. Dyer asked for clarification on accessibility to the three levels of residential units from the parking structure. Zahradnik stated there were two elevator and stairwells from each level of the parking structure that would go to the residential units. Ginalie Swain (1024 Woodlawn) Chair of the Historic Preservation Commission noted the Commission has not reviewed this proposal so she is not speaking on behalf of the Historic Preservation Commission, but wanted to state the Commission has been greatly concerned about Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 6 of 10 preserving the Unitarian Church building and in March to convey that concern the Commission sent a memo to the City Council, building owner, and City Manager that all efforts be explored to save the church and use zoning bonuses and incentives as ways to do so. Swain noted her excitement to see this proposal saves the church building and honors its importance. Adam Ingersoll (10 S. Iowa Ave) is a member of the Unitarian Church and is thrilled and relieved that this proposal is moving forward. It was two years ago as a group the church made a difficult decision that they could not afford to expand and create an accessible facility that they needed at their current location.- They have met with dozens of developers but none were as serious and creative as this current one in saving the church building. There was a fear they would have to sell to a developer that would level the church building and put up instead student housing at the highest density they could. This proposal from Allen Homes is a saving grace and is in the best interest of the entire community. Tim Adamson (28 Highland Drive) was on the facilities committee at the Unitarian Church for a few years and wanted to echo Ingersoll's comments and praise the developer and their team who have been absolutely sterling in their relationship with the Church. They were able to work with the City to meet the needs of the City and the development of the property. This has been a complicated and long process and this is such an amazing solution. It can be a real jewel for downtown and a great model for process. Freerks closed the public hearing. Hensch moved to approve REZ15-00022, an application to rezone .98 acres of land located south of Iowa Avenue between Gilbert and Van Buren Streets from P-1 to CB -5 subject to the general conformance with massing and scale shown on the concept plan and the Unitarian Church Building located at 10 S. Gilbert Street being rezoned as an Iowa City Historic Landmark prior to issuance of a building permit for the property currently being rezoned. Parsons seconded the motion. Parsons noted that this proposal benefits the City and the church, as well as the developer so everyone wins. The concept is unique enough that it will succeed and be a benefit to the area. Hensch agreed and stated this is a very innovative and creative solution, a good application of public and private partnership, and including historic preservation. It is a dramatic improvement of the use of the property from a surface parking lot. Hensch also noted the conversation regarding the setbacks and he feels the building should be up as close to the property line as possible so there is a better transition from downtown to the residential area. If the building is set back you are losing that transition and square footage of the building. Martin agreed, stating approval of the concept and the public hearing confirmed the approval of this concept. Eastham stated this proposal has a number of attractive features except for the appearance of the building with relation to the street and sidewalk on both Iowa Avenue and Van Buren Street. He noted there have been several proposals in the past where the Commission has approved buildings in some cases where they have required greater setback, and more design detail Planning and Zoning Commission December 3, 2015 — Formal Meeting Page 7 of 10 between the space between the building, the sidewalk and the street. Eastham noted the building on Washington Street that is zoned CB -5 and did not have any design review, and how that building has become problematic with its appearance from the street and it's acceptance from the neighborhoods surrounding. He feels the setbacks are critical, especially on the north side as this will be a fairly large building and the transition aspect goes the other way for him in terms of setting back the building to reflect the residential area of Iowa Avenue more. He feels the buildings in town that are set back from the street with nice landscaping are more successful and actually quite pleasant from a pedestrian viewpoint. Eastham would like to see more detail on the streetscape from the developer before sending this onto Council. Freerks agrees with Eastham when it comes to transitioning and feels green space, even a small bit, can do a lot to soften the transition from residential to downtown. She does agree this is a good project for the community and wants to see it succeed. Hensch stated that he likes the idea of the townhomes having a brownstone walk-up feel. Theobald noted she likes how this proposal incorporates the church property and does feel it will be a good transition from downtown to residential but to add additional landscaping, greenspace, and trees is always a plus to give the building a neighborhood look. Dyer stated she feels this proposal is a nice solution but is concerned that is will be a whole block building that is not accessible on the street level. She feels it is vitally important that the access to the apartments be really visible because if it is not people won't visit. If the building is not accessible or welcoming to visitors it will not be as successful. Eastham wants Council to be aware that he believes the amendment to the zoning code should precede the rezoning of this parcel. He stated he will vote no on this recommendation because he feels the Council needs to know about this discussion. A vote was taken and the motion carried 6-1 (Eastham dissenting). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, to allow residential uses on the ground level floor in CB -2 and CB -5 Zones located south of Jefferson Street and west of Van Buren Street, provided certain form -based zoning standards are met to ensure a high quality living environment. Howard showed a zoning map of the area and the area is primarily CB -2 and CB -5 zoned. Everything south of Burlington Street that was CB -5 has been rezoned to Riverfront Crossings. Howard acknowledged that the Commission has held a number of Comprehensive Plan amendment discussions and the area between Gilbert Street and Van Buren Streets was added to the Downtown District and is largely civic uses with some opportunities for public-private partnerships to encourage development on vacant lots and underutilized surface parking areas that will achieve public goals, which could include preservation of a historic church, construction of public parking facilities, creation of affordable housing, and encouraging commercial and recreational uses that will serve a growing residential population in and near downtown Iowa City. When updating the Comprehensive Plan for areas east of Gilbert Street in the downtown area, the Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00022) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY .98 ACRE LOOT D BOUT IOWA AVENUE BETWEEN GILBERT AND VAN BUREN STREETS FROM NEIGH PUIr (P-1) TO CENTRAL BUSINESS SUPPORT (CB -5). (REZ15-00022)-z" cl;WHEREAS, the applicant, Allen Homes, Inc., has requested a rezoning of property locesoof low Avenue between Gilbert and Van Buren Streets from Neighborho Public (P-1 ) to l aI Zsinets Support (CB -5 ); and WHEREAS, the Comprehensive Plan, specifically the Dow own Riverfront Crossings Master Plan supports the proposed combination of public, office, and residenti uses; and WHEREAS the prese tion of the Unitarian Church s a historic landmark in conjunction with development of the property ereby being rezoned would meet the historic preservation goals of the Comprehensive Plan; and WHEREAS, the Planning and Ning Commission h s determined that the proposed rezoning request complies with the Comprehensive Pla provided that tq6 development of the property generally conforms with massing and scale shown on thencept plan a d the Unitarian Church Building is designated as historic landmark; and WHEREAS, Iowa Code §414.5 (2015) tKovid# that the City of Iowa City may impose reasonable conditions on granting a rezoning request, ov d above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have gre d that the property shall be developed in accordance with the terms and conditions of the Condition I Zoni Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAIN BY THE C COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property escribed below is ereby reclassified from its current zoning designation of Public (P-1) to Central Bu iness Support (CB -5): BEGINNING AT THE NORTHEAST ORNER OF LOT 1, BLOCK 4, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT R CORDED IN PLAT BOOK 1, GE 116 IN THE RECORDS OF THE JOHNSON COUNTY RECORDE S OFFICE; THENCE S00°45'22"E, ALONG THE EAST LINE OF SAID LOT 1, AND ITS SOUTHERLY EXTE ION, 160.46 FEET TO CENTERLIN�OF THE PLATTED ALLEY; THENCE S89°19'44"W, ALONG SAID NTERLINE, 319.30 FEET TO A POINT OV THE WEST LINE OF SAID BLOCK 44; THENCE N00°46'57"W, ONG SAID WEST LINE, 50.58 FEET TO T�E SOUTHWEST CORNER OF THE NORTH 110 FEET OF LO 4, SAID BLOCK 44; THENCE N89°21'01"E, A! ONG THE SOUTH LINE OF SAID NORTH 110 FEET OF LO 4, A DISTANCE OF 79.84 FEET TO THE SOUTH -AST CORNER OF SAID NORTH 110 FEET OF LOT 4; EN N00°46'56"W, ALONG THE EAST LINE OF `$AID LOT 4, A DISTANCE OF 110.00 FEET; THENC N89°21'01"E, ALONG THE NORTH LINE OF LOTS 3, 2 AND 1, A DISTANCE OF 239.53 FEET TO T POINT OF BEGINNING, CONTAINING 0.98 ACRE (42,477 SQUARE FEET) AND IS SUBJECT TO EAS ENTS AND RESTRICTIONS OF RECORD. e SECTION II. ZONING MAP. The building official is hereby authorized and directd to change the zoning map of the City/of Iowa City, Iowa, to conform to this amendment upon the final �assage, approval and publication of tlAs ordinance 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 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 No. Page 2 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. Passed and approved this day of , 20_ ATTEST Cli _T 3 Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ15-00022) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "CR'tt "), City of Iowa City (hereinafter "Owner"), and Allen Homes, Inc. (hereinafter "Applicant"). r WHEREAS,"Qwner is the legal title holder of approximate) .98 acre of property located south of Iowa Avenue,, north of Washington Street, between Gilbo and Van Buren streets; and WHEREAS, the\Applicant has requested the reoning of said property from Neighborhood Public (P-1) Central Business Support (CB -5) and WHEREAS, the Plannin and Zoning Commission hasdetermined that, with preservation of the Unitarian Church Buildin and development at a sc a appropriate for Iowa Avenue, the requested zoning is consistent wit the Comprehensive Pla ; and WHEREAS, Iowa Code §414,15020 15) provides at the City of Iowa City may impose reasonable conditions on granting a re oning request, pver and above existing regulations, in order to satisfy public needs caused by th requested c anger and WHEREAS, the Owner and Applileant restrictions are reasonable to ensure the de to Comprehensive Plan; and owledges that certain conditions and It of the property is consistent with the WHEREAS, the Applicant acknowledge \sive o preserve the Unitarian Church building to comply with the policies of the Com ren and acknowledges that the City intends to consider an ordinance designatin thats a historic structure pursuant to the City zoning code; and WHEREAS, the Owner and Appli ant agrethis property in accordance with the terms and conditions of a Condition Zoning A NOW, THEREFORE, in agree as follows: 1. The Owner is the legal n of the mutual prom holder of the property legally contained herein, the parties bed as: BEGINNING AT THE NORTHE T CORNER OF LOT 1, BLOCK 44, ORIGIN L TOWN OF IOWA CITY, IOWA, ACCORDING TO THE P,/ AT RECORDED IN PLAT BOOK 1, PAGE 116 THE RECORDS OF THE JOHNSON COUNTY RECORD R'S OFFICE; THENCE S00°45'22"E, ALONG THE ST LINE OF SAID LOT 1, AND ITS SOUTHERLY TENSION, 160.46 FEET TO CENTERLINE OF T E PLATTfiD ALLEY; THENCE S89019'44"W, AL G SAID CENTERLINE, 319.30 FEET TO A POINT O TIE WE LINE OF SAID BLOCK 44; THENC N00°46'57"W, ALONG SAID WEST LINE, 50.58 FEET T SdUTH T CORNER OF THE NOR 110 FEET OF LOT 4, SAID BLOCK 44; THENCE N89°2 SOUTH LINE OF /NH ORTH 110 FEET OF LOT 4, A DISTANCE OF 79.84 FEET TQC SBUTHF#A&T CORNER( SAID 110 FEET OF LOT 4; THENCE N00°46'56"W, ALONG THE 1Zt LIQ OF ID LOT 4, A DISTAN110.00 FEET; THENCE N89°21'01"E, ALONG THE NORTH O&,LOTAND 1, A DISTAN 239.53 FEET TO THE POINT OF BEGINNING, CONTAININ?.98 AE (4 SQUARE FEET) AUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORIy -: ppdadm/agUrezoning cza- Iowa ave city parking lot.doc 2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration f the City's rezoning the subject property, Owner and Applicant agree that developmen of the subject property will conform to all other requirements of the zoning chapter, a well as the following conditions: a. Development of his property shall be in general conformance with massing and scale shown on the con ept plan. 4. The Owner and App �Gil nt acknowledge that th ' conditions contained herein are reasonable conditions tpose on the land unde Iowa Code §414.5 (2015), and that said conditions satisfy pc needsthat are cause by the requested zoning change. 5. The Owner and Applicant cknowledge that m the event the subject property is transferred, sold, redevelope or subdivided, all redevelopment will conform with the terms of this Conditional Zonin Agreement. plicant acknowledges, however, that this Conditional Zoning Agreement oes not co stitute an agreement between the Owner and Applicant for the conveyance f any pr9perty right to Applicant. 6. The parties acknowledge that this C ndit nal Zoning Agreement shall be deemed to be a covenant running with the land and h title to the land, and shall remain in full force and effect as a covenant with title to t e land, unless or until released of record by the City of Iowa City. The parties further acknowledge th4( this agreement shall inure to the benefit of and bind all successors, representatives, anA assigns\of the parties. 7. The Owner and Applicant a nowledge tat nothing in this Conditional Zoning Agreement shall be construed relieve the O ner or Applicant from complying with all other applicable local, state, a d federal regulati s. 8. The parties agree that thi Conditional Zoning reement shall be incorporated by reference into the ordinan rezoning the subject p perty, and that upon adoption and publication of the ordina e, this agreement shall b recorded in the Johnson County Recorder's Office at the pplicant's expense. Dated this day of CITY OF IOWA CITY Name of current, Attest: ppdadm/agt/rezoning cza- Iowa ave city parking lol.doc 2 20 C-7rn r By: cn r Marian K. Karr, City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKN STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged I Mayor) and Marian K. Karr as Mayor CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged M ,me on_ City Clerk, , 20_ by (put in name of of the City of Iowa City. ry Public in and for the State of Iowa or Seal) (an Rank) before me on as Notary Public in and for (Stamp or Seal) Title (and Rank) Insert name of individual or LLC ACKNOWLEDGMENT: State of ppdadm/agt/rezoning cza- iowa ave city parking lot.doc 3 20_ by of , Inc. County and State uxtt"f` a�E • f , 20_ by (put in name of of the City of Iowa City. ry Public in and for the State of Iowa or Seal) (an Rank) before me on as Notary Public in and for (Stamp or Seal) Title (and Rank) Insert name of individual or LLC ACKNOWLEDGMENT: State of ppdadm/agt/rezoning cza- iowa ave city parking lot.doc 3 20_ by of , Inc. County and State County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Notary Public in and for the State of Iowa ppdadm/agt/rezoning cza- Iowa ave city parking lot.doc 4 3- M 01�� i 5C Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ15-00020) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.03 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE LOCATED AT 602, 604, 608, 610, 614, 620, 628 SOUTH DUBUQUE STREET (REZ15- 00020). WHEREAS, the applicant, HD Capital Partners, LLC, has requested a rezoning of property located at 602, 604, 608, 610, 614, 620, 628 South Dubuque Street from Community Commercial (CC -2) 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 maintain a pedestrian -friendly character along S. Dubuque Street with a mix of residential and small retail uses that will build on on-going efforts to improve quality residential and storefront design in a manner that is contextual with the medium scale of the neighborhood and that will leverage future investments in transit and other public infrastructure; WHEREAS, the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and provide needed open space for residents and/or outdoor amenity space for small neighborhood -serving commercial uses; 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 creates mid -block shared, useable open space between the buildings and between building wings as conceptually shown on the submitted site 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, 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 zoned Riverfront Crossings — Central Crossings (RFC -CX): Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot 8, thence south 25 feet, 2 inches, thence east 90 feet, thence north 25 feet, 2 inches, thence west to the place of beginning; and the South 30 % feet of Lot 8, all in Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, 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. 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 , 2016. 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: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton that the First Consideration 12/15/2015 Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Botchway, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 01/05/2016 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway, Dickens, Mims. NAYS: None. ABSENT: None. ABSTAIN: Cole. Date published Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ15-00020) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), HD Capital Partners, LLC (hereinafter "Applicant"), and Dubuque & Prentiss Investments, LC (referred to hereinafter as "Owners"). WHEREAS, Owners are the legal title holders of 602, 604, 608, 610, 614, 620, and 628 South Dubuque Street, Iowa City, Iowa, together comprising approximately 1.03 acres of property; and WHEREAS, the Applicant has requested the rezoning of said properties from Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the Planning and Zoning Commission has determined that the requested rezoning will result in a significant increase in the residential population in the area and to achieve comprehensive plan goals for improved living environments and contextual infill, new buildings should be broken into modules that help break up the mass and scale of new buildings and additional conditions for mid -block shared open space between buildings and within rear courtyards as shown on the concept plan submitted by the applicant will ensure that the requested zoning is consistent with the Comprehensive Plan; 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. Dubuque & Prentiss Investments, LC is the legal title holder of the property legally described as: Lots 5, 6, 7 and portions of Lot 8 described as: commencing at the northwest corner of Lot 8; thence south 24 feet and 4 inches, thence east 90 feet, thence north 24 feet and 4 inches, thence west 90 feet to the place of beginning; and beginning at a point 24 feet 4 inches south of the Northwest Corner of Lot eight (8), thence south 25 feet 2 inches, thence east 90 feet, thence north 25 feet 2 inches, thence west to the place of beginning; and the South 30 % feet of Lot eight (8), all In Block 10 in that part of Iowa City, Iowa, known as the County Seat of Johnson County, Iowa, according to the recorded plat thereof recorded In Book 1 and 2, Page 253, Deed Records of Johnson County, Iowa. 1 of 4 2. The Applicant and Owner 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. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that redevelopment 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: 1) Redevelopment of the above-described property shall be in general conformance with the attached conceptual site plan, particularly with regard to the separation of buildings with a mid -block, useable open space between the buildings as shown on the conceptual site plan, attached hereto. The mid -block space between the buildings must be at least 35 feet wide and designed as a "private pedestrian street", as set forth in City Code Section 14 -2G -7B, Pedestrian Streets. Due to the sloping topography of the site this space may be located on top of a parking structure that is located below the grade of Dubuque Street, such that the mid -block pedestrian street is at the level of and can be accessed from the Dubuque Street frontage, but may be elevated above the level of the rear alley. In such a case, direct access to the alley from the private pedestrian street need not be provided. 2) Upon redevelopment, useable shared open space with minimum dimensions 35 feet x 70 feet is required in a rear courtyard between the wings of the southern building, as shown on the conceptual site plan, attached hereto. The courtyard must be configured as shared useable open space meeting the design standards in 14 -2G -7E, Open Space Requirements for Projects with Residential Use. 4. 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. 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. 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 and the attached conceptual site plan shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 2015. 2 of 4 CITY OF IOWA CITY , Mayor By: HD Capital Partners, LLC Attest: Marian K. Karr, City Clerk By: Michael E. Manager Approved by: U City Attorney's Office evin Dig anager By: Dubuque & Prentiss Investments, LC CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2016 by 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: 3of4 HD Capital Partners, LLC : STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on / 21 , 2015 by Michael E. Hodge and Kevin Digmann as Managers of HD Capital Partners, LLC. 0�� DENISE ROHM Not Fublic In an for the State of Iowa Notarial Seal - Iowa • Commission No. 726698� 2ols (Stamp or Seal} My C wits on Expires February My commission expires: Z z-)jL Dubuque & Prentiss Investments, LC ACKNOWLEDGMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on /'1 J J �; , 2015 by Michael E. Hodge as manager of Dubuque & Prentiss Investments, LC. OC-- Notary Public in and for the State of Iowa �At DENISE ROHM Notarial Seal • Iowa .• Commission No. 726698 My Commission Expires February 02, 2016 (Stamp or Seal) My commission expires: Z 12J)111 4098(65).1/2015-12-10 Conditional Zoning Agreement 4of4 Hs 1 a Rezoning Item REZ15-00020: • Discussion of an application submitted by HD Capital Partners, LLC for a rezoning from Community Commercial (CC -2) zone for to Riverfront Crossings - Central Crossing Subdistrict (RFC -CX) zone for approximately 1.03 acres of property located at 602, 604, 6081 6101 6141 6201 628 S. Dubuque Street. cly 0` Iowa City eEm REZ15-00020 fired by Ma"' W Peet Date Prepared: October 20 S Dubuque Street 0100 xO i I�p r t Y L.s 9 • RIM Iy t' Current Zoning • Community Commercial (CC -2) — Iowa City's general commercial zone — Low -scale commercial buildings —maximum 35' height limit — There are no specific location standards for buildings and parking other than a 10 foot front setback and typically parking is located between the buildings and the street — No building design standards — Residential apartments allowed above commercial space by special exception at approximately 15 units per acre. Proposed Zoning • Riverfront Crossings — Central Crossings (RFC -CX) — Allows a broad mix of commercial and residential uses and buildings types (multi -dwelling, townhouse, commercial, mixed-use, etc.) — Maximum height is 4 stories with a 10 -foot facade stepback above the 3rd story. — Southern half of this block is designated as a required retail frontage — so a commercial or mixed-use building with a storefront frontage is required in this location. — For the remainder of the block residential building types would be allowed as well. — Building design standards apply, including facade articulation and composition, minimum window coverage and design, entranceway and frontage standards, exterior building materials standards, awnings and canopy standards, and location of mechanical equipment. Elements of a Form -based Code • Building and parking location is more strictly controlled. Building Placement Diagram Parkingand Service Placement Diagram '.diacem Property I — — — —------- G , FAdjacent property —•—•---•--J I I � � DI� A � a o la c a E I 0O D�I� a I� In I 1 � E_._. ._._._._._.L Seco treet Parkingand Service Placement Diagram '.diacem Property I — — — —------- G , Land Uses Allowed • Broad range of commercial or residential uses allowed within the allowed building and frontage types • Uses mixed both vertically and horizontally • The regulating plan reserves specific primary frontages for required storefronts. • Special standards for auto -oriented uses, such as gas stations and drive-through facilities F'ublir F. �_i'i F'ri��ate L� �t General Requirements Streetscape and setback improvements 4�► r i-ndcap_ Public Strip Sidvalk Streezla e ; PriiaLeFro rnage F:' •��'^� � Irnprcwen-ent Area I Impmemem Area I Building Design Standards Building Articulation Building Entranceways Building Materials Roof Design Signage Standards max. 11 1-- 'in.10r max. 100' Cornice Corner Emphasis Window Pattern Awning Storefront Corner Entrance General Requirements Pedestrian Streets • Public • Private Consistency with the Comprehensive Plan • Located in the Central Crossings Subdistrict of Riverfront Crossings — Defining features of this subdistrict include two rail lines, the historic Rock Island rail depot, and Ralston Creek — Master Plan objectives for Central Crossings include: • Encourage contextual infill • Leverage future investments in transit through TOD • Restore and enhance conditions along Ralston Creek • Provide a mix of residential and retail uses • Promote new housing options — Development Character: • Build on efforts to improve the quality of residential design • Maintain moderate scale and intensity of use SITE I'LAN F Usl E <1�ulITeGTS burs u 4, u E a T R E E T f P t 9 THE N T S $'{nce8 G•NctR��tl� u 11 old ago 4 11 111 11 Ii Staff Recommendation • Staff recommends approval of REZ15-00020, a proposal to rezone approximately 1.03 acres of property from Community Commercial (CC -2) to Riverfront Crossings —Central Crossings (RFC -CX), subject to the following condition: — Mid -block shared, useable open space is required between the buildings and between building wings as conceptually shown on the submitted site plan. The mid -block space between the buildings must be at least 35' wide and must be designed as a "private pedestrian street" as set forth in the form -based code. Courtyard space between building wings must be a minimum 35' in width and must be configured as shared useable open space meeting the design standards in the form -based code. — The Planning and Zoning Commission recommended approval by a vote of 4-1 5d �IIIIIIIIiIIIIi� Prepared by: John Yapp, Dev. Services Coor., NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (REZ15-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (REZ15-00021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan, specifically the South Central District Plan, indicates that both Commercial Office and Intensive Commercial zones are appropriate for this property, and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions -addressing site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on, granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation to Intensive Commercial (CI -1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, 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 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of --.20 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK *Apved by neys 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton that the First Consideration 12/15/2015 Vote forpassage: AYES: Mims, Payne, Throgmorton, Botchway, Dickens, Hayek. NAYS: None. ABSTAIN: Dobyns. ABSENT: None. Second Consideration 01/05/2016 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Dickens, Mims, Taylor. NAYS: None. ABSENT: None. Date published 12/1•0/2015 `1'HU 10:17 FAX 15633266204 KS I' Place Law Offices a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and C. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant 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 _ and Applicant acknowledge that In the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Condldonal Zoning Agreement, 6, The parties acknowledge that this Conditional Zoning Agreement shall be deamed 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, 'uniess 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 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. 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 Applicant's expense. Dated this day of , Zp CITY O1= IOWA CITY OWNERS BYP4 r .- 0-2015. MayorTrustee f the Harold John Dane, Jr. Revocable Trust Attest: Marian K. Karr, City Clerk Approved City Attorney's Office /?— BY. Trustee of the Allegra G. Dane Revocable Trust By: James R. Davis By of Shottenkirk ICR, L.L.C. 2 2005/010 12/10/2015 THU 10;27 FAX 15633266204 KSTT Place Law Offices X1006/010 APPLICANT By: of Build to Suit, LL.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on 20 by (Mayor) and Marian K. Karr as Mayor and City Cfark, respectively, of the City of Iowa City. Notary Public in and for the Stale of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of Flor i c'x g County of c. d-} 9 This record was acknowledged before me on I e - ,b•e_r t a, 20 .. ►sby {-k,r,, Id So L,,Sr (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust, ' ftlublio�lnand�forthe�Sta te MARSHA G MCGOVERN Notary Public • State of Florida (Stamp or Seal) • "e My Comm. Expires May 31.2018 'W Commission * FF 100959 Idle (and Rank) �r Bonded Through National Notary Assn. My commission expires: oief��j i ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of-2ceez// County of �GC- 3 y a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and C. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §494.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and Applicant 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 titre 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 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. 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 Applicant's expense. Dated this day of CITY OF IOWA CITY Mayor Attest: Marian K. Karr, City Clerk Approved b City Attorney's Office 20 OWNERS By: Trustee of the Harold John Dane, Jr. Rev Trust By: Trustee of the Allegra G. Dane Revocable Trust By: James R. Davis By 2 of Shottenkirk ICR, L.L.C. APPL T By: vo of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Zp by the City of Iowa City. (Mayor) and Marian K. Karr as Mayor and City Clerk, respectively, of Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of County of This record was acknowledged before me on 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State ofCP% County of e' _ 3 This record was acknowledged before me on I (� � 206 -by .�J (Name(s) of individual(s)) as TRUSTEE of the Alle ra G Dane Revocabl Trust. V . Notary Public in and for the State of_2 ��"` `SF KELLY J. SIDRAN (Stamp or Seal) _ Commission Number 784855 My ss ires Title (and Rank) °W� My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA ) } ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20 by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of _ County of This record was acknowledged before me on 20 by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Shottenklrk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of w o� County of. Notary Public in and for said County and State (Stamp or Seal) Tile (and Rank) My commission expires: 4 This record was acknowledged before me on , 20_LTby0" (Name(s) of individual(s)) as �y (type of auth6fity, such as officer or trustee) of Buiid to Suit, L.L.C. M!C--- Notary Public in and for the State of (Stamp Or Seal) _" �` `' ; ' cr'. .'==`on NumbQ 7 2 451 try Q�:oto €res Title (and Rank) ,�„ _� My commission expires. ���' 5 a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant 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 and Applicant 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 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. 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 Applicant's expense. Dated this day of CITY OF IOWA CITY Mayor Attest: Marian K. Karr, City Clerk Approved b City Attorney's Office h lzs- 20 OWNERS 0 Trustee of the Harold John Dane, Jr. Revocable Trust By: , Trustee of the Allegra G. Dane Revocable Trust K This record was acknowledged before me on . 20- by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on . 20_ by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) V -V' My commission expires: SHOTTENKIRK jRt: LLC ACKNOWLEDGMENT: State of ?5v A County of This record was acknowledged beforq me on _ T� GE,60- 1q, 20jrby J • S6*"A (Name(s) of individual(s)) as rnantih- ~ K&kltt� ltyp4of authority, such as officer or trustee) of Shottenkirk jRC, L.L.C. -- Notary Pub for said ounty and State o�Pa'^s ARTEMIO M. SANTIAGO ** Commission Number 734352 (Stamp or Seal) My Commission Expires: Iowa May 5, 1 Title (and Rank) BUILD TO SUIT ACKNOWLEDGMENT: State of County of My commission expires: 4 a. General conformance with the conceptual site plan dated 11-17-15; b. No outdoor storage shall be permitted on the property; and c. Exterior lights shall be mounted no more than 25' (feet) in height above grade. 4. The Owners and Applicant 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 and Applicant 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 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. 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 Applicant's expense. Dated this _JQPday of j� P�20, CITY OF IOWA CITY OWNERS Mayor Attest: Marian K. Karr, City Clerk By: Trustee of the Harold John Dane, Jr. Revocable Trust By: Trustee of the Allegra d G. Dane Revocable Trust Approved by:>A21-'l° By: City Attorney's Office Ja s R. Davis By 2 of Shottenkirk ICR, L.L.C. This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: JQU S- ON-ryCOWTY) AF:; , 3. This instrument was acknowledged before me orv' 6'�by James R. Davis. Notary'Public in and for said County and State (Stamp or Seal) JOSHUA S. KENT Title (and Rank) NOTARY FNJSUC STATE OF FLORIDA My commission expires: Comm#EE848888 w rt/2016 SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of _ County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as such as officer or trustee) of Shottenkirk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of County of (type of authority, Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: 4 12/10/2015 THU 10:27 FAX 15633266204 KSTT Place Law Offices Prepared by. John Yapp, Dev. Services Coor.. 410 E. Weehin&n, Iowa Q.4, IA 62240 (310) 356.5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and guild to Suit (hereinafter "Applicant"). WHEREAS, Owners are the legal tide holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to intensive Commercial (CI -1); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that It meets conditions addressing site design including landscaping, the height of lights; and restrictions on outdoor storage In order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request,- over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, In consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are the collective legal titleholders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: X1004/010 y 12/, 0/2015 THO 10;27 FAX 15633266204 HSTT Place Law Offices This record was acknowledged before me on -.20 — by (Name(s) of individual(s)) as TRUSTEE of the Allegra G Dane Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: JAMES R. DAVIS ACKNOWLEDGEMENT: STATE OF IOWA ) )ss. JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by James R. Davis. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: SHOTTENKIRK IRC LLC ACKNOWLEDGMENT: State of _ County of This record was acknowledged before me on (Name(s) of individual(s)) as such as officer or trustee) of Shottenkirk IRC, L.L.C. BUILD TO SUIT ACKNOWLEDGMENT: State of _ County of 20 by (type of authority, Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) My commission expires: 4 a007/010 12/*0/2015 THU 10;28 FAX 15633266204 KSTT Place Law Offices This record was acknowledged before me on 20 by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Build to Suit, L.L.C. Notary Public in and for the State of (Stamp or Seal) True (and Rank) My commission expires, E a 008/010 R 12/j10/2015 THU 10;28 FAX 15633266204 KSTT Place Law Offices Prepared by: John Yapp, Dev. Services Coor., NDS, 410 E. Washington Street, Iowa City. IA 52240; 319.356-5252 (REZZ15WM1) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (RI:Z11"(1021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan, specifically the South Central District Plan, Indicates that both Commercial Office and intensive Commercial zones are appropriate for this props*,, arid WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing site design Including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibiCitywith adjacent land uses: and WHEREAS, Iowa Code §494.6 (2015) provides that the City of Iowa City may Impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change, and WHEREAS, the owners and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development In this area of the city. NOW, THEREFORE, 13E IT ORpAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA SECTION I APPROVAL Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from Its current zoning designation to Intensive Commemial (0-1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 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. ONDITiONAL 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 or the Ordinance, the City Clerk is hereby authorized and directed to oedry 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. SECT ON 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 .2Q_. N09/010 12;10/2015 TH 10;28 FAX 15633266204 KSTT Place Law Offices 0010/010 Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK 4Aped by orneys office Z ' S Prepared by: John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of ,Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable, Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and Build to Suit. (hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (C0 -1) -to Intensive Commercial (CI-1);>and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree to develop this property in accordance with the terns and conditions of a Conditional Zoning Agreement, NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are the collective legal titleholders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa -City may impose reasonable conditions on granting a 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: Prepared by: John Yapp, Dev. Services Coor., NDS, 410 E. Washington Sheet, Iowa City, IA 52240; 315-356-5252 (REZ15-00021) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 7.98 ACRES OF PROPERTY LOCATED EAST OF MORMON TREK BOULEVARD BETWEEN GRACE DRIVE AND EAGLE VIEW DRIVE FROM COMMERCIAL OFFICE ZONE (CO -1) TO INTENSIVE COMMERCIAL ZONE (CI -1). (REZ15-00021) WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located east of Mormon Trek Boulevard from Commercial Office (CO -1) to Intensive Commercial (Cl -1); and WHEREAS, the Comprehensive Plan, specifically the South Central District Plan, Indicates that both Commercial Office and Intensive Commercial zones are appropriate for this property, and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, In order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning deslgnation to Intensive Commercial (CI -1): LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 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 REgORDING Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII.. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20—, Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK jApved by p� Ci Attorneys Office /Z ISS_ Prepared by: John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and Build to Suit (hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Planning and 'Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Pian provided that it meets conditions addressing site design Including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Pian and the need for appropriate site design_ including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are the collective legal title holders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that he City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. to consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: APPLICANT By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20 by the City of Iowa City. (Mayor) and Marian K. Karr as Mayor and City Clerk, respectively, of Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of County of 3 This record was acknowledged before me on _ , 20 by (Name(s) of individual(s)) as such as officer or trustee) of Build to Suit, L.L.C. (type of authority, Notary Public in and for the State of (Stamp or Seal) Tale (and Rank) My commission expires: Ordinance No. Page 2 MAYOR ATTEST: CITY CLERK "Vedby wv-wgh�p� C Attomey's Ofrm Prepared by: John Yapp, Dev. Services Coor., 410 E. Washington, Iowa City, IA 52240 (319) 356-5252 (REZ15-00021) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Harold John Dane, Jr. Revocable Trust, Allegra G. Dane Revocable Trust, James R. Davis, and Shottenkirk ICR LLC, (hereinafter collectively referred to as "Owners"), and Build to Suit (hereinafter "Applicant"). WHEREAS, Owners are the legal title holder of approximately 7.98 acres of property located at Mormon Trek Blvd, Grace Dr, and Eagle View Dr. in Iowa City, Iowa; and WHEREAS, the Applicant has requested the rezoning of said property from Commercial Office (CO -1) to Intensive Commercial (CI -1); and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing site design including landscaping, the height of lights, and restrictions on outdoor storage in order to promote compatibility with adjacent land uses; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for appropriate site design including landscaping, limitations on lighting, and limitations on outdoor storage given the surrounding land uses; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owners are the collective legal title holders of the property legally described as: LOTS 3 AND 4 OF JJR DAVIS SECOND ADDITION, AND LOTS 2, 3, AND 4 OF JJR DAVIS FOURTH ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a 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 and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: APPLICANT By: of Build to Suit, L.L.C. CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by (Mayor) 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) HAROLD JOHN DANE JR REVOCABLE TRUST ACKNOWLEDGEMENT State of _ County of This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as TRUSTEE of the Harold John Dane, Jr. Revocable Trust. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: ALLEGRA G DANE REVOCABLE TRUST ACKNOWLEDGEMENT State of _ County of k This record was acknowledged before me on , 20_ by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Build to Suit, L.L.C. Notary Public in and for the State of (Stamp or Seal) Title (and Rank) My commission expires: Rezoning Item R EZ 15-00021: • Discussion of an application submitted by Built to Suit for a rezoning from Community Office (CO -1) zone to Intensive Commercial (CI -1) zone for approximately 7.98 acres of property located east of Mormon Trek Blvd between Grace Drive and Eagle View Drive. IV& � & wo do 1�1 10 'or0 , A% � 7% 1 �O 1 0* htlp:,V, 09ft OrqWW Ck4SVZ'F$6'pi"ingMffbMILDffrX,%Map.pdf w ui Z Ea w Application for rezoning for 798 acres from CO -1 to CIA 0 / ' J2JR8 DAVIS SFCUMD A®®GTOON m�rMII.Y f,OR /16mY n0.rt pxnnt areNmMio'smasM mew cum rY]waMs 4i1£ 1 b1nn: 4ffi1Y /�' r nvv / Owe Fount An L13 11ON \ .aiA 1A cY SEN n o:. V` J /.:'• 4 s� J JRB ®AVMS R'OI POINT OF BEGM M s I I REZONING EXHIBIT b M V, (00-11 TO (0.1) WNVE yay Mt2NY LI SM040F]JR0nV1s9EcaN0110001Q s42vaV2' MIP /Ta�ailr NG PARCEL LO S2j,N 40FJA0AV16FOl1RTHA00TOM w>,1� o.nx a•1. 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W16 fOJ0.111 A0p1M)1 IOWA cm JOHNBON COUNTY IOWA AMS CONSULTANTS, INC. l&-14-2015 A.,,d if ti„2tl 1. 1lJB TC2 RL 1 GY,eWdtl pf M Mefatl Mw 1 c 7x11 W. 1 South Central District Future Land Use Scenario Revised February 2007 a..,,,e Vrl. r n moo" ® f)T.. M1.lt•�.rtW _ l. ...... ... HIRb..f l mrr. r.l - L..emn.4Mn�4nrle. ® Al+pn - rw. s.r.f..uti.der..l Otrice Pmrk/Commerciml b.di.r IM..er Iln.dil N N.n.fm lwN lt...urR �� MrIArNRba upm �p.oe e.r...m ® f)T.. M1.lt•�.rtW _ l. ...... ... HIRb..f l mrr. r.l - L..emn.4Mn�4nrle. ® Al+pn - rw. s.r.f..uti.der..l Otrice Pmrk/Commerciml SPECIMAN FOCUS INFORMAL GRASSES FORMAL HEDGE (SPIREIUNIPERS) 5o'SFACED HARDWOOD DRIVE •I.olml,1 LIAR UNDER STORY SPEOMAN COLOR pppl F.aI Staff Recommendation • Staff recommends approval of REZ15-00021, a proposal to rezone approximately 7.98 acres of property from Commercial Office (CO -1) to Intensive Commercial (CI -1), subject to a Conditional Zoning Agreement requiring: — General conformance with the site concept plan — No outdoor storage being permitted on the property — Exterior lights being no more than 25 feet in height — The Planning and Zoning Commission recommended approval by a vote of 6-0 Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 =� (VAC15-00005) ORDINANCE NO. ORDINANCE VACATING AIR RIGHTS ABOVE PUBLIC RIGHT-OF-WAY IN NORTH - SOUTH ALLEY BETWEEN HARRISON AND PRENTISS STREETS (VAC15-00005) WHEREAS, the applicant, MidWestOne Bank, has requested that the City vacate and convey to the applicant the air rights above the alley running north -south between East Harrison and East Prentiss Streets; and WHEREAS, MidWestOne Bank intends to build an above -grade enclosed pedestrian walkway to provide a secure, convenient pedestrian connection between the planned municipal parking facility and the MidWestOne Bank Building; and WHEREAS, the air rights to be vacated are 25 feet above grade and will allow the street level to remain available for vehicle and pedestrian traffic; and WHEREAS, the enclosed pedestrian walkway will offer 25 feet of clearance so access for emergency, utility, and service vehicle will not be restricted; and WHEREAS, all adjacent properties will continue to have street level access to the alley; and WHEREAS; there does not appear to be any other factors that warrant retention of this portion (air rights) of right-of-way; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application subject to City staff approval of the design of the skywalk. 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 all those air rights and all of the air space between a plane elevation of 25 feet above existing grade and a plane elevation of 46 feet above existing grade over and above the following described real property located in Johnson County, Iowa to wit: COMMENCING AT THE NORTHEAST CORNER OF LOT 8, BLOCK 8 COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT OF SURVEY (RETRACEMENT) RECORDED IN PLAT BOOK 56 AT PAGE 267 IN THE RECORD OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°43'01"E, ALONG THE EASTERLY LINE OF SAID LOT 8, A DISTANCE OF 27.00 FEET TO THE POINT OF BEGINNING; THENCE N8902011511E, 20.00 FEET TO A POINT ON THE WESTERLY LINE OF LOT 1 OF SAID BLOCK 8, COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE S00043101"E, ALONG SAID WESTERLY LINE, 10.00 FEET; THENCE S89°20'15"W, 20.00 FEET TO A POINT ON SAID EASTERLY LINE OF LOT 8; THENCE N00043101 "W, ALONG SAID EASTERLY LINE, 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING A FOOTPRINT OF .0005 ACRE (200 SQUARE FEET), ALL BEING SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION 11. 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 , 20 Ordinance No. Page 2 4�/� MA R: Approved by: ATTEST: CITY CLERK 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: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 12/15/2015 Voteforpassage: AYES: Payne, Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration 01/05/2016 Vote for passage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. Date published Vacation Item • VAC15-00005: • Discussion of an application submitted by MidWestOne Bank for a vacation of air rights 25' above pavement grade over public right- of-way in the north -south alleyway between East Harrison Street and East Prentiss Street to allow a pedestrian walkway. E HARRISON ST {nom, rw m ® i cn Ak r. . O _ CIO Application for vacation of air rights ;t over right-of-way for enclosed ■ �elevated walkway c avallable crMe at DOCLrneM Mp)Aw Xgwag%W)CWSvVFrapiammn4kwb�rZonr MaP-Pm -PREPARED BY AND RLRAIN S(. ION MY. IOWA 52210 (319) FAST HARRISON STREET PONT OF X910 (ME caR81 LOr 9) -, UN]E 15D E LgrL �O, GRAPHIC SCALE IN FEET I%W NT OF 91RtEY L TR.`Gf3.G'JI) n PORTA LF N.OLK a ,.'V Jnr ro Tr PLA' DN2Pc 'A. PAOr 1A1, N TFT R_U•TtF`- L TTE J2145ON CaNTY RECQ R'5 MME TVA I I I PTQ�Sd'' Y Lar ; JTI LNRPLGRD® PLAT DY ROVERT D A9(.R 66N WA P RP.E6F WJA DA71P 9/9/196 I LOf ` 4�� J I LO< L�f..- N AREA ee � � IJ ` �� A PORTILN GF Lar A r I 50.00' L05 I Ti ACT OF LND� I/1 pOR Vf'Yt ^� 20.00 q'9GRCm N A t ALLLY wmwry O® REGCR6m N ABBY A791 /ROCS WN lm - - EAST PRENTISS STREET I W 0 J L2 J :L4 �.:� N I J -� PIyfIB 1 ` AIlA •ODD 1 (200 I I I PTQ�Sd'' Y Lar ; JTI LNRPLGRD® PLAT DY ROVERT D A9(.R 66N WA P RP.E6F WJA DA71P 9/9/196 I LOf ` 4�� J I LO< L�f..- N AREA ee � � IJ ` �� A PORTILN GF Lar A r I 50.00' L05 I Ti ACT OF LND� I/1 pOR Vf'Yt ^� 20.00 q'9GRCm N A t ALLLY wmwry O® REGCR6m N ABBY A791 /ROCS WN lm - - EAST PRENTISS STREET I W 0 Staff Recommendation • Staff recommends approval of VAC15-00005, a vacation of approximately 4,200 cubic feet of airspace (from 25 feet above pavement grade to 46 feet above said grade) above the alley running north -south between East Harrison and East Prentiss Streets to allow for the installation of an enclosed pedestrian walkway connected MidWestOne Bank and a municipal parking facility. • The Planning and Zoning Commission recommended approval by a vote of 5-0 01-05-16 5f Prepared by: John Yapp, Development Services Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5252 (VAC15-00006) ORDINANCE NO. ORDINANCE VACATING PORTION OF PUBLIC RIGHT-OF-WAY LOCATED BETWEEN 124 W BENTON STREET AND 731 S RIVERSIDE DRIVE (VAC15-00006) WHEREAS, the applicant, Kum & Go L.C., has requested that the City vacate and convey to the applicant the right-of-way for one portion of the alley between 124 Benton St. and 731 Riverside Dr.; and WHEREAS, all other portions of the alley have been vacated and conveyed to private owners; and WHEREAS, this portion was singularly omitted from previous vacations; and WHEREAS, Kum & Go owns all adjacent property and vacating this portion of the alley will allow for a unified parcel under common ownership; and WHEREAS, Kum & Go intends to construct a convenience store and gas station; and WHEREAS, all development will adhere to the design and building standards of the Riverfront Crossings form -based code; and WHEREAS, commercial redevelopment at this intersection promotes the goals of the Riverfront Crossings Master Plan; and WHEREAS, because this right-of-way is not open to the public and the utility lines have not been installed within the easement areas, no circulation or provision of utilities will be affected; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation of and has recommended approval of the application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: LEGAL DESCRIPTION THE EAST HALF OF THE ALLEY ADJACENT TO LOT 5 IN BLOCK 1 OF CARTWRIGHT'S ADDITION TO IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECOREDED IN DEED BOX 13, PAGE 432, RECORDS OF JOHNSON COUNTY, IOWA. 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. Ordinance No. Page 2 Passed and approved this day of '20—. MAYOR: ATTEST: CITY CLERK Approved by: irJ ��iL City Attorney's Off�icejj - �– Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton that the First Consideration 12/15/2015 Voteforpassage: AYES: Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 01/05/2016 Vote for passage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Date published Vacation Item • VAC15-00006: • Discussion of an application submitted by Kum & Go for a vacation of remnant portion of alley right-of-way running north -south between 124 W. Benton and 731 S. Riverside D r. Application for vacation of portion of alley between124 W Benton St- and 731 S. Riverside Dry' y IL Lit& AZ r� r t . loop ma magabie ortMe S,. F",Mv .kgowvm I CT j x RFC- 16 N CC2 �jA Iica -on requesting vacation yl of remnant right-ot-way in alley y between 124 W. Benton St. and _�21 S. Riverside Dr - C m 0 Staff Recommendation • Staff recommends approval of VAC 15-0000, a vacation of approximately 390 square feet of right-of-way running north -south between 124 Benton St. and 731 S. Riverside Dr. • The Planning and Zoning Commission recommended approval by a vote of 6-0 5g Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ15-00018) ORDINANCE NO. 16-4652 ORDINANCE REZONING 16.18 ACRES LOCATED SOUTH OF KENNEDY PARKWAY WEST OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT - RESEARCH PARK (ID -RP) TO SINGLE FAMILY RESIDENTIAL (RS -5) (REZ15-00018) WHEREAS, the applicant, The Crossings Development, LC, has requested a rezoning of property located south of Kennedy Parkway west of Camp Cardinal Boulevard, from Interim -Development Research Park (ID -RP) to Low Density Single -Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that this area is suitable for "conservation design" including residential development; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended the application be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1 APPROVAL. Property described below is hereby zoned RS -5, as defined in the Iowa City Code of Ordinances: PART OF THE NORTHWEST QUARTER AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE 5TH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA AND A PART OF AUDITOR'S PARCEL NO. 2012052 AS RECORDED IN BOOK 56, PAGE 379 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 12; THENCE SO°01'43"W ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID NORTHWEST QUARTER A DISTANCE OF 476.71 FEET TO THE SOUTHERLY CORPORATE LIMIT LINE AS ESTABLISHED IN THE CORALVILLE VOLUNTARY ANNEXATION AND RECORDED IN BOOK 3873, PAGES 868-897 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER AND THE POINT OF BEGINNING; THENCE N89003'28"E 198.73 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE SOUTHEASTERLY 179.94 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE AND THE ARC OF A 500.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S80°37'57"E 178.97 FEET) TO THE WESTERLY LINE OF AUDITOR'S PARCEL 2014116 AS RECORDED IN BOOK 59, PAGES 93-94 IN THE OFFICE OF THE JOHNSON COUNTY RECORDER; THENCE S19°40'38"W 33.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY LINE OF SAID AUDITOR'S PARCEL 2014116; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY (CHORD BEARS S22°22'51"E 37.12 FEET); THENCE S25°33'40"W 10.00 FEET ALONG SAID SOUTHERLY LINE; THENCE S64°26'20"E 60.00 FEET ALONG SAID SOUTHERLY LINE; THENCE N25°33'40"E 12.33 FEET ALONG SAID SOUTHERLY LINE; THENCE NORTHEASTERLY 39.27 FEET ALONG SAID SOUTHERLY LINE AND THE ARC OF A 25.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY (CHORD BEARS N70°33'40"E 35.36 FEET); THENCE S64026'20"E 111.50 FEET ALONG SAID SOUTHERLY LINE; THENCE S21°10'50"W 132.95 FEET; THENCE S9°15'18"W 55.00 FEET; THENCE S0018'19"E 55.00 FEET; THENCE S84°54'52"W 200.00 FEET; THENCE NORTHWESTERLY 16.52 FEET ALONG THE ARC OF A 530.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY (CHORD BEARS N4°11'32"W 16.52 FEET); THENCE S86042'03"W 215.79 FEET; THENCE S14030'51"W 68.49 FEET; THENCE S21°48'05'W 170.86 FEET; THENCE S53013'37"W 209.13 FEET; THENCE S83°36'43"W 156.77 FEET; THENCE N90°00'00"W 54.43 FEET; THENCE N77018'31"W 165.31 FEET; THENCE N48044'54"W 170.57 FEET; THENCE N1 1'42'33'W 162.03 FEET; THENCE N9°44'33"W 200.00 FEET; THENCE N7°53'36"W 108.12 FEET; THENCE N2010'27"W 109.15 FEET; THENCE N0056'32"W 33.00 FEET TO SAID SOUTHERLY CORPORATE LIMIT LINE; THENCE N89003'28"E 739.30 FEET ALONG SAID SOUTHERLY CORPORATE LIMIT LINE TO THE POINT OF BEGINNING. Ordinance No. 16-4652 Page 2 SAID PARCEL CONTAINS 16.18 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 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. Passed and approved this 5th day of January , 20 16 M OR: Approved by: ATTEST: CIA CITY CL City Attorney's Office �� L✓r j S Ordinance No. 16-4652 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: x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 12/15/2015 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration -- Vote for passage: Date published 01/14/2016 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 itJ'_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. AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. r-, Marian Karr From: Susan K. Forinash <Susan@halleng.com> Sent: Wednesday, December 16, 2015 8:25 AM To: Marian Karr; Julie Voparil; Kellie Tuttle; Bob Miklo Cc: jwaddilove@SouthGateCo.com; Bill Zimmerman (bzimmerman@SouthGateCo.com) (bzimmerman@SouthGateCo.com); Josh Entler; Brian Vogel; Susan K. Forinash Subject: Cardinal Pointe West Rezoning (REZ15-00018) Ms. Karr, On behalf of the of the property owner, The Crossing Development, LC, we respectfully request that the City Council combine the 2nd and 3rd readings of the rezoning, Interim Development — Research Park (ID -RP) to Low Density Single Family (RS -5) at the City Council meeting on Tuesday, January 5th. Thank you. Susan Forinash Project Coordinator Hall & Hall Engineers, Inc. 1860 Boyson Road Hiawatha IA 52233 ' (319) 362-9548 Cell (319) 361-6310 Email: susan60alleng com Rezoning/Development Item REZ15-00018/SU B15-00023: • Discussion of an application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID -RP) zone to Low Density Single Family (RS -5) zone and a preliminary plat of Cardinal Pointe West — Part 1, a 31 -lot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. Proposed rezoning from Interim -Develop Research Park (ID -RP) to Low Density Single Family (RS -5) a Mtp hMw tgv.W"Oen'CMS'�FNaglanmgwb lzomngmap.pOf �I a Mipi mlzonngdap.pef 9 Cardinal Pointe West CONCEPT PLAN IOWA CITY, IOWA AUGUST 2015 KEY m r-.!.uurr..rnen mi ®rarwrm rwi �rw�nnervmr rwi ®v.�n ou.nrrvucaxr ror Cardinal Pointe West Preliminary Plat �_.EZ. m J a r , YN W U/C ��� vp amafo RWM q � � EYtl � OwfC q YAY K i Wb r a i l a / MIOlE I 5-7 i. .! .�'. auK �L9'1191ViiWA@��,�._x".=,iriwaa�ixi.•. °la�r IOWA Cf1Y a�sa�m_aar G•'",ws°mnaul°n": awe' u . d �n,�n6 �p_ --: l' a I IE�R i I ^ I' i� nemR i y mm Cardinal Pointe West Preliminary Plat �_.EZ. m J a r , YN W U/C ��� vp amafo RWM q � � EYtl � OwfC q YAY K i Wb r a i l a / MIOlE I 5-7 i. .! .�'. auK �L9'1191ViiWA@��,�._x".=,iriwaa�ixi.•. °la�r IOWA Cf1Y a�sa�m_aar G•'",ws°mnaul°n": awe' u . d �n,�n6 �p_ Cardinal Pointe West Summary • Property is within City Limits • Comprehensive Plan encourages 'conservation design! The concept plan reflects conservation design for the larger property, with development clustered away from the wooded slopes • Request is for rezoning of approximately 16 acres to single family residential — future phases of development will require rezoning actions • Concept plan for larger property includes townhouse, multi- family, and single family STAFF REPORT To: Planning and Zoning Commission Prepared by: Bob Miklo Item: REZ15-00018/SUB15-00023 Date: October 15, 2015 Cardinal Pointe West — Part I GENERAL INFORMATION: Applicant: The Crossings Development, LC 755 Mormon Trek Boulevard Iowa City, IA 52245 (319) 337-4195 jwaddilove@southgateco.com Contact: Brian Vogal Hall and Hall Engineers, Inc. 1860 Boyson Road (319) 362-9548 gosh(&-hallenQ.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning from ID -RP to RS -5 and a preliminary plat. 31 residential lots South of Kennedy Parkway west of Camp Cardinal Boulevard Rezoning 16.18, subdivision 39.77 acres Undeveloped — ID -RP North: Undeveloped and residential - Coralville East: Undeveloped — ID -RP South: Undeveloped — ID -RP West: Undeveloped — ID -RP Conservation Design — Clear Creak Master Plan NW -1 - Clear Creek August 28, 2015 Waived to October 15, 2015 The applicant, The Crossing Development, LC, is requesting approval for the rezoning of 16.18 acnes of land from Interim Development - Research Park (ID -RP) zone to Low Density Single - Family Residential (RS -5) and a preliminary plat of Cardinal Point West — Part 1, a residential E development with 31 single-family lots. The plan also includes five outlots. Outlots A,B and C are for private open space to be maintained by a homeowners association. Outlot D is for stormwater management facilities to be maintained by the homeowners association and Outlot E is for future development. The applicant has also submitted a concept plan showing how Preston Drive will continue to the south to connect to Camp Cardinal Boulevard, and the potential for of single-family, townhouse and multi -family development to the south of the current proposal. The area shown on the concept plan will require additional rezoning and subdivision approvals and is subject to change. Approval of Cardinal Pointe West — Part 1 does not include approval of the concept plan. This and the surrounding areas were annexed into the city between 1969 and 1972. Since 1983 the area has been zone Interim Development — Research Park (ID -RP) to reflect possible development of an office park along Highway 218. In May 2002, -the City Council signed a Memorandum of Understanding with the City of Coralville and Southgate Development Services, LLC to agree upon a concept that envisioned a "conservation -type" development including residential and commercial uses in the area surrounding Camp Cardinal Boulevard. The master plan also laid out the financial participation of the cities and Southgate for the reconstruction, realignment and extension of existing infrastructure including the construction of Camp Cardinal Boulevard to facilitate the development. Good Neighbor Policy: The application indicates that the applicant plans to follow the Good Neighbor Policy, but no details have been submitted. ANALYSIS: Current Zoning: Based on the previous Comprehensive Plan, the area is currently zoned as -Interim Development - Research Park (ID -RP). The text of the 1997 Comprehensive Plan, however, recognized that with the establishment of Oakdale Campus north of Interstate 80, the possibility of additional development of office and research park type uses in this area may not be realistic. The Plan also recognized the topographical and infrastructural limitations of the area, and therefore, supported the development with a mix of uses, such as low density residential and office commercial uses. The Plan also supported clustered development that would result in pedestrian friendly neighborhoods with minimal disturbance of the sensitive areas. The ID -RP zoning allows only agricultural uses by right so a rezoning is necessary to allow development of this property. Proposed Zoning: The RS -5 zone is primarily intended to provide housing opportunities for individual households. The regulations allow for some flexibility of dwelling types to provide housing opportunities for a variety of household types (duplexes and attached single family on comer lots). This zone also allows for some nonresidential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions, and daycare facilities. The RS -5 zone allows for single family lots with a minimum lot area of 8,000 square feet, and a minimum lot width of 60 feet. All lots within the proposed subdivision meet the minimum requirements of the RS -5 zone. Comprehensive Plan: This property is located within the Northwest Planning District. The current Comprehensive Plan identifies this area as suitable for "Conservation Design" and refers to the Clear Creek Master Plan (a more detailed district plan has not been prepared for the Northwest District). The Clear Creek Master Plan lays out a general development concept with possible street layouts, and shows areas for residential, commercial and office development. In staffs view the requested rezoning and subdivision design conforms with the conservation design envisioned in the Comprehensive Plan for this area. 3 Subdivision/Planned Development Design: The applicant is proposing a residential development with a mix of typical RS -5 lots (approximately 9,000 to 12,000 square feet) and larger lots (approximately 13,000 to 20,000 square feet) Following the principles of the master plan, the subdivision has been designed to minimize the impact on the sensitive areas that exist on the land. As shown on the concept plan development is being clustered away from the wooded slopes. Although woodland clearing is being proposed for the extension of Kennedy Parkway, to allow grading to create the single family lots and to provide for a stormwater management basin on Outlot D, when considering the overall subdivision (lot 1-31 and Outlot D together) over 50% of the woodlands will be preserved. The subdivision code requires that block lengths range from 300 feet to 600 feet. Longer block lengths may be considered where topographic conditions, water features or existing development prevent shorter block lengths, although midblock pedestrian connections may be required. To avoid disturbing ravines located to the west and east, Ava Circle is designed as a loop street that will exceed the 600 maximum block length. A pedestrian access is being provided between lots 11 and 12 and along the south side of lot 5, to connect Ava Circle with Preston Lane. In staffs view the proposed design helps to minimize the disturbance of the wooded ravines located on the property and complies with the Comprehensive Plan's emphasis on conservation design for this area. Environmentally Sensitive Areas: The property contains steep and critical slopes and woodlands. The Sensitive Areas Site Plan indicates that approximately 46% of the woodlands will be removed and approximately 40°x6 of the steep slopes and 11 % of the critical slopes will be graded to allow the extension of Kennedy Parkway, grading residential lots and stormwater management. The disturbance is less than 35% of the critical slopes and 50% of the woodlands and therefore does not require Planning and Zoning review. Traffic implications and pedestrian facilities: Kennedy Parkway, a collector street, will be extended from its current terminus at Preston Lane (Vintage Parkway to the north in Coralville) to provide two access points to Ava Circle. In the future Kennedy Parkway will extend father to the west to intersect with the future Highway 965. Preston Lane will extend south from Kennedy Parkway to provide access to lots 1 to 8. The concept plan shows that in the future Preston Lane will extend further to the south and intersect with Kennedy Parkway. These streets will be adequate to serve the 31 single family dwellings proposed at this time. To provide a pedestrian connection to this development the preliminary plat notes that a sidewalk will be constructed (outside of this subdivision) along the south side of Kennedy Parkway to connect with Camp Cardinal Boulevard. Curb ramps will also need to be provided at the intersection of Kennedy Parkway and Camp Cardinal Boulevard. Neighborhood parkland: A subdivision of this size is required to dedicate .38 acres of neighborhood open space or pay fees in lieu of. The Parks and Recreation Department has indicated that fees should be collected in lieu of dedication of land. This requirement will need to be addressed in the legal papers at time of final plat approval. Storm water management: A stormwater management basin will be provided in Outlot D. The City Engineer has requested corrections and clarifications to the stormwater management plan. Staff is working with the applicant's engineer to resolve these concerns prior to the October 15 Planning and Zoning Commission meeting. Infrastructure fees: This subdivision is subject to the water main extension fee for $435 per acre and sanitary sewer tap on fee of $570.98 per acre. Payment towards the cost of constructing Camp Cardinal Boulevard will also need to be addressed at the time of final plat 4 approval. STAFF RECOMMENDATION: Staff recommends deferral of this application pending resolution of deficiencies and discrepancies noted below. Upon resolution of these items staff recommends approval of REZ15- 00018/SUB15-00023 a rezoning of 16.18 acres from Interim Development — Research Park (ID - RP) zone to Low Density Single -Family Residential (RS -5) and a preliminary of Cardinal Point West — Part 1, 31 -lot residential subdivision located south of Kennedy Parkway and west of Camp Cardinal Boulevard. DEFICIENCIES AND DISCREPANCIES: 1. There will need to be an easement to convey storm water from Preston lane to the detention basin and Outlot A and Outlot B should have easements for drainage and easements to cover the storm sewer or be blanket easements for drainage and storm sewer. 2. There needs to be a drainage swale or some other way to convey the storm water from the storm sewer outlet in Outlot B to the detention basin. There also appears to be a gap in the plans where the entire 30' storm water drainage easement between Outlot B and the detention basin is not shown. 3. The proposed drain tile in the detention basin should be extended north so that it is under all the 8' wide bottom area that is at a 1 % slope. 4. If the detention basin is filled with water, it would be hard to gain access to around the detention basin since the sides of the basin are not proposed to be cleared and graded. What would you propose as the best way to gain access if there was a problem and emergency maintenance was required and the detention basin was full? 5. The water lines should be designed to create a loop system for serving the property west of lots 18 to 22. 6. There will need to be easements for the off-site sanitary sewer and a plan is needed for the proposed off-site sanitary sewer alignment back to the where it connect to the existing sewer system. 7. The sanitary sewer and storm sewer in Ava Circle are very close and cross in multiple locations. There may be a way to change the alignment of both the sanitary sewer and storm sewer to make this work better and further consideration should be given. ATTACHMENTS: 1. Location Map 2. Preliminary Plat 3. Concept Plan Approved by: :17 11� / 717 --- John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services i 1MVd' i53M 11NIQd IVNIOMV� tw...1.u.'M'vuGLRM m.ew�vw'f.at. pp, O 49 V9 E i S t@ i9 j 4 5 � S 8 f2f1f7f2 @i rfltF •! �@1 e1.3 a 1�9 t 1� tl epI iiia °''IEi@73�@e! d@ h fj °!Lill, . n r ���j r °_ Sol, I E;It .!E °.. 9aEpr1'I�,FS��ps�sE .!ji !1193 I!JjjIl:!!lj iti W Z alIf I�!iltlF@ie E �Eg�jj9'€ 14'{'�,pg1t!p9'�`t!�EE''Fy p?E° j wE°°I°9@ iE9:dtS..SI y F!r ltt991l9�t1.7@f t rn h Hdp 5 ;oma i �a I m it 0 I � U ou aEp1E�a4ii !@9€�!@ii3i�E�9999 9p1EEa�l22�E°s!! � i�E �E Ap RlA, � �.tt ..s�d�.9.►ae. y.......; �; a ��Fa ER _^tc L VIII • VIII; 3i �I u� e ai>t 1@ II 4 ! Ip ii'al�llF��alq�lppl��4it-I 1i E�„� 1 ! 14 � � II I�IIIFI".I G 3PL FI is@� y aE���1a�; 3l;cl=l 6[Ia alp/i.eau9..��d��aaJa.I.�1.INo. �i ----------------- f t , jlE _ AY -----1 NI,ESl�(iE�' 5a% � •SME% '' f E�'� �� f Y o�Y i3 Rid �y 1 r i �Y si -- s ------------- oy sow, .._-- _ _ _ Iti_.. ISI f' I1111II�I ,•jq ,����i - o � � '4a nab If $ all � h ! V `rte p r p w . a`} � A ' �• �� � y IImo+ _,l ,•'RT �s•• 1 r0 d^F 1� t r t, rj �! I' ' Il� A � I11? I I - III II1+ r ------------------ ------ � o 1 \ { y 1 \ \ �> I l ' ,•� � €iii 6p /i E 4 •, i6° ell --- i I yafi I 11y Q � 2 Cardinal Pointe West CONCEPT PLAN IOWA CITY, IOWA AUGUST 2015 LLIASNWFAMLY LOTS IIYP I FOUR-PlE%ES M.)®IMISE R SIDE TIAL PYP.) . WAI R OUAIRY STRUCTUM Vr-) Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 7 of 12 ways and in the discussion of the Nagle property there were no deviations. Digmann stated he is willing to come back to the next meeting with answers and more details as requested this evening, but wanted to note that at this stage of the project that won't have exact plans. Freerks said she understood that but the applicant now knows what the Commission is looking for. Freerks closed the public hearing. Eastham moved to defer this item until the November 5, 2015 meeting. Dyer seconded the motion. Freeks noted the discussion has been constructive and informative. She asked if there was anything else the Commission would like to add. Parsons said that this is too important of a block to take lightly. Martin added that opportunity for this property is very important for the Riverfront Crossings Plan. A vote was taken and the motion carried 7-0. REZONING/DEVELOPMENT ITEM (REZ15-00018/SUB15-0002 Discussion of an application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID -RP) zone to Low Density Single Family (RS - 5) zone and a preliminary plat of Cardinal Pointe West - Part 1, a 314ot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. Miklo began the staff report showing illustrations of the property. The area has been zoned Interim Development - Research Park (ID -RP) to reflect possible development of an office park along Highway 218. When the Comprehensive Plan for the area was updated this area became a concept that envisioned a "conservation -type" development Including residential and commercial uses in the area surrounding Camp Cardinal Boulevard. The application is for the northern portion of the area, however if approved this evening, Preston Lane will continue to the south to connect to Camp Cardinal Boulevard, and the potential for of single-family, townhouse and mufti -family development to the south of the current proposal. Mlklo pointed out the concept plan for future phases, showing Preston Lane extending to the south and the possibility of multifamily or townhouses being clustered to transfer development away from the wooded ravines. The application is to rezone the property to RS -5 which Staff has determined does comply with the Comprehensive Plan. The plan is to do a residential subdivision with a loop street, Ava Circle and'a north/south street, Preston Lane. Parsons asked why the street was named Preston Lane to the left of Kennedy Parkway and Vintage Boulevard to the right. Miklo replied that area to the north of Kennedy Parkway is in Coralville where the street is named Vintage Drive. The street south of Kennedy Parkway will intersect with Preston Drive farther to the south in Iowa City. So to keep it consistent, the Iowa City portion of the street between Kennedy Parkway and Camp Cardinal Boulevard will be named Preston Lane. Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 8 of 12 Miklo noted there are some sensitive areas on the property but most of those are being set aside in future development stages. In this stage there will be some grading and tree clearing in the back of the RS -5 lots and some grading and tree clearing to allow for the stormwater management basin. But even with the grading and tree clearings, it is below the threshold for the sensitive area rezonings with less than 50% of the woodlands and less than 35% of the critical slopes on the site. The City Engineer has reviewed and is satisfied with the stormwater management plan and it will drain into a detention basin. Staff recommends approval of REV 5- 00018/SUB 15-00023 a rezoning of 16.18acresfrom Interim Development—Research Park (ID- RP) zone to Low Density Single -Family Residential (RS -5) and a preliminary of Cardinal Point West — Part 1, 31 -lot residential subdivision located south of Kennedy Parkway and west of Camp Cardinal Boulevard. Hench asked if there would be any connections to the existing Deer Creek Road. Miklo stated that Deer Creek Road runs parallel to Highway 218 and there will not be any connections to that road. There is a possibility Deer Creek Road may be vacated in the future. Miklo pointed out that the future alignment of Highway 965 is just to the west, but there are no plans to build it in the near-term. Parsons assumed that the quarry to the north will not be going away anytime soon. Miklo agreed and indicated that the quarry is not within Iowa City's jurisdiction. Hensch asked if the water structure to the south was connected to this development. Miklo said that was designed when Camp Cardinal Boulevard was built and it may have some capacity for this subdivision but the City Engineer determinedd the current proposal must provide its own stormwater management. Eastham asked if consideration was made to go ahead with the rezoning for the entire area so that it would clearly state future development in the area would be townhomes and multi -family. He said that it is close the elementary school. Miklo said the applicant only requested this parcel, they are responding to the market at this time. He said the concept plan shows the intention for the remainder of the property include multifamily and townhouses. He noted that there will need to be some changes to the concept plan to meet code requirements. Miklo noted that with this development the sidewalk will be constructed (outside of this subdivision) along the south side of Kennedy Parkway to connect with Camp Cardinal Boulevard. Freerks opened the public hearing. Josh Entler (Southgate Companies) addressed the walkability to the elementary school and noted they will install an 8 foot wide trail along the north side of Kennedy Parkway and will install the 5 foot sidewalk along the south side of Kennedy Parkway from Preston Lane to provide access to the elementary school. To address the question of rezoning the whole area: they did not want to commit to a master plan of the whole area and need to see how the market will drive future development. With regards to the stormwater management, the current pond to the south will be Impacted but in a quality and quantity controlled manner. The developments stormwater basin will overflow and drain to the pond and other stream ways in the area, but will be controlled. He explained that the ownership of the pond is broken up into a pond association which means anyone whose water (either through piping or hard surface) drains into the pond is part of the ownership, so it is just not Southgate's responsibility. Entler noted that they will be clearing as few trees as possible, they share a desire to preserve as much of the woodlands as possible. Freerks said that the woodlands does provide a good buffer that can't be easily Planning and Zoning Commission October 15, 2015 — Formal Meeting Page 9 of 12 replaced. Hench asked what the density of the development will be when fully developed. Entler was not able to say exactly what the final number would be a this time, the plans for the whole area have undergone several revisions. Hensch noted his concern is the number of vehicles and pedestrians all relying on just one entrance onto Camp Cardinal Boulevard, and when might Highway 965 be extended. Entler did not have information on that highway extension. Miklo did point out that when Preston Lane is extended to intersect with Camp Cardinal Boulevard, it will provide two ways in and out of the area. Hensch asked what the price point for the single family dwellings in this development will be. Enstler could only give a guess on what the price point would be and thought maybe in the range of $250,000 to $325,000. Freerks close the public hearing. Hensch moved to approve application submitted The Crossings Development, LC for a rezoning from Interim Development Research Park (ID -RP) zone to Low Density Single Family (RS -5) zone and a preliminary plat of Cardinal Pointe West - Part 1, a 31 -lot, 16.3 acre residential subdivision for property located south of Kennedy Parkway, west of Camp Cardinal Boulevard. (REZ1 6-0001 81SUB1 6-00023) Parsons seconded the motion. Freerks said it was good to see more development in this area. Hensch just noted his concern about water drainage as that is an ongoing concern with every application the Commission reviews. Theobald noted her concern about diversity of housing and that area is neighborhood after neighborhood of the same. She is concerned that there is not guarantee that there will be a mix of housing in the future phases. She would like to see some mix and sooner rather than later. Eastham agreed and feels future developments in that area will need to include more diverse housing types to meet the Comprehensive Plan and School District diversity goals throughout the community. Martin said there area east of Camp Cardinal Boulevard does have a good mix of houses and thinks they did a good job of providing a range. Miklo showed on the aerial photograph the area along Ryan Court which has a mix of office, single family, townhouses and duplexes. Parsons pointed out that when they first built Camp Cardinal Boulevard development was slow to start but with the construction of the new school there has been some good development in the area. Hensch said a more general concern is that this is on the far edge of the city and is only accessible by car. His hope is that not all developments are dependent on access by cars. A vote was taken and the motion carried 7-0.