HomeMy WebLinkAbout2016-12-06 OrdinancePrepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ16-00002)
ORDINANCE NO. 16-4686
AN ORDINANCE CONDITIONALLY REZONING PROPERTY FROM INTENSIVE COMMERCIAL (CI -1)
ZONE AND PUBLIC (P-1) TO RIVERFRONT CROSSINGS — SOUTH GILBERT DISTRICT (RFC -SG)
ZONE FOR APPROXIMATELY 8.52 ACRES LOCATED AT 1225 S. GILBERT STREET, 1301 S.
GILBERT STREET, AND 1201 S. GILBERT STREET. (REZ16-00002)
WHEREAS, 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC, collective owners of a tract of
land located on South Gilbert Street, desire to redevelop said tract and therefore have requested it be zoned
Riverfront Crossings — South Gilbert (RFC -SG) subject to the same conditions imposed to meet public needs
created by this zoning action;
WHEREAS, the property locally described as 1225 South Gilbert Street and 1301 S. Gilbert are currently
zoned Intensive Commercial (CI -1) Zone and Neighborhood Public (P-1);
WHEREAS, the property locally described as 1201 S. Gilbert Street is currently zoned RFC -SG subject
to certain conditions, including one that established the location of a future pedestrian street, which the
Owners now desire to relocate in alignment with 2'd Street to accommodate the cohesive redevelopment of
the tract, which will include the adaptive re -use of an existing building at 1225 S. Gilbert Street; 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 properties are located in the South Gilbert
Subdistrict of the Riverfront Crossings District; and
WHEREAS, the RFC -SG Zone is one of the primary tools being used to transform the auto -dependent,
sometimes quasi -industrial properties in the South Gilbert Subdistrict of Riverfront Crossings, into a new
walkable, mixed-use neighborhood; and
WHEREAS, the RFC -SG Zone allows redevelopment that will create a more pedestrian -friendly
character along Gilbert Street by establishing more space and amenities along the street for pedestrians,
creating a place where people will feel safe and comfortable walking, tempering auto -dominated frontages by
locating buildings closer to the street with parking behind or to the side of buildings, and creating a place
where people can live close to the Iowa River, Ralston Creek and the new riverfront park, and to shopping,
restaurants, and other services; and
WHEREAS, the rezoning of these properties is a desirable step in achieving the vision of the Riverfront
Crossings Master Plan; and
WHEREAS, the increased density of residential living and mix of uses allowed with the RFC -SG zoning
will result in the need for an improved "public realm," including better street connections that create
developable frontage areas for new buildings, safer and more attractive areas for people to walk and bike,
usable open space, and the possibility for green infrastructure to address quantity and quality of stormwater
run-off appropriate to an urban neighborhood adjacent to Ralston Creek and the new Riverfront Crossings
Park; and
WHEREAS, the requested rezoning will result in a significant increase in the residential population in the
area, which will increase the pedestrian and bicycle traffic along Gilbert Street and along planned pedestrian
streets that provide access to the new park, trails, and the Iowa River and, therefore, additional public right-
of-way and access easements for planned pedestrian streets, for widening pedestrian areas along Gilbert
Street, and for access to parking areas interior to the block will be needed to ensure public safety and to
provide a more attractive environment for residential living; and
WHEREAS, the request to shift the previously designated pedestrian street north to align with 2ntl Street
is an equally desirable location for the east -west pedestrian street connection from Gilbert Street to the new
Riverfront Park; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and relocation of
the pedestrian street location and determined that they comply with the Comprehensive Plan, provided: land
is dedicated to the City to widen the Gilbert Street right-of-way to create a larger landscape buffer between
the traffic lanes and the public sidewalk, and to establish a buffer and pedestrian area along the Ralston
Creek frontage; public access easements are granted to establish a rear lane for vehicular access to parking
areas and future traffic circulation between neighboring properties and to establish a pedestrian street that
aligns with 2"' Street; and to require that the tract of land be subdivided prior to issuance of any building
Ordinance No. 16-4686
Page 2
permit for any portion of the tract to establish the aforementioned street, alley, and block pattern anticipated
in the Riverfront Crossings Master 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 Owners 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, that property legally described below is hereby zoned Riverfront Crossings — South Gilbert (RFC -SG):
1201 S. Gilbert Street
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15,
TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF VACATED BLOCKS THREE AND SIX OF
COOK'S, SARGENT, AND DOWNEY'S ADDITION, DESCRIBED AS FOLLOWS:
Commencing at the Northeast Corner of Vacated Block Three, of Cook's, Sargent, and Downey's
Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Deed Book
16, at Page 84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along the
West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing S01 001'45"E along
said West Line, 360.00 feet; Thence S88041'01"W, 450.00 feet; Thence N0800011"E, 445.88 feet, to a
Point on the Westerly Extension of the North Line of said Vacated Block Three; Thence N88'41'01 "E,
along said Westerly Extension and North Line, 260.00 feet; Thence S01 001'45"E, 80.00 feet; Thence
N88°41'01 "E, 120.00 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
1225 & 1301 S. Gilbert Street
A parcel of land in Government Lot 3 in the SWI/4 of Section 15 T79N R6W of the 5th PM in Iowa City,
Johnson County, Iowa, said parcel being particularly described as follows. Beginning at a point (the point
of beginning) being 440 feet south of the northeast corner of Block 3 in Cook, Sargent and Downey's
Addition to Iowa City, Iowa, and on the west line of Gilbert Street (formerly Linn Street and formerly Cook
Street) thence south along the west line of Gilbert Street to the intersection of the west line of Gilbert
Street and a line which lies 110 feet normally distant northeasterly of and parallel to the centerline of
primary road No US 6, thence northwesterly along a line 110 feet normally distant northeasterly of and
parallel to the centerline of said primary road No US 6 to the easterly bank of Ralston Creek, thence
northerly along the easterly bank of Ralston Creek a point that is 450 feet west of the point of beginning,
thence east 450 feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook,
Sargent and Downey's Addition to the point of beginning.
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.
Ordinance No. 16-4686
Page 3
Passed and app/roved this 6th day of December 2016.
L
MAY
ATTEST:
T CLERK
App oved by
City Attorneys Office /V/�7Ap
Ordinance No. 16-4686
Page 4
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 11/15/2016
Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas
Botchway. NAYS: None. ABSENT: Throgmorton.
Second Consideration _
Vote for passage:
Date published 12/15/2016
Moved by Mims, seconded by Thomas, that the rule requiring
ordinances to be considered and voted upon for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote
be waived and the ordinance be voted upon for final passage at
this time. AYES:Dickens, Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: None.
that the
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 1225 Gilbert, LLC, Pleasant Valley, LP, and 1201 Gilbert LLC,
(collectively referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 8.52 acres of
property located at 1201 S. Gilbert Street, 1225 S. Gilbert Street, and 1301 S. Gilbert Street in
Iowa City; and
WHEREAS, the Owners have requested the rezoning of property at 1225 S. Gilbert
Street and 1301 S. Gilbert Street from Intensive Commercial (CI -1) and Neighborhood Public
(P-1) to Riverfront Crossings — South Gilbert (RFC -SG); and to modify the location of a
pedestrian street established pursuant to a conditional zoning agreement for property at 1201 S.
Gilbert Street; 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 increased density of residential living and mix of uses allowed with the
RFC -SG zoning will result in the need for an improved "public realm," including better street
connections that create developable frontage areas for new buildings, safer and more attractive
areas for people to walk and bike, usable open space, and the possibility for green infrastructure
to address quantity and quality of stormwater run-off appropriate to an urban neighborhood
adjacent to Ralston Creek and the new Riverfront Crossings Park; and
WHEREAS, the requested rezoning will result in a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Gilbert Street
and along planned pedestrian streets that provide access to the new park, trails, and the Iowa
River and, therefore, additional public right-of-way and access easements for planned pedestrian
streets, for widening pedestrian areas along Gilbert Street, and for access to parking areas interior
to the block will be needed to ensure public safety and to provide a more attractive environment
for residential living; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan, including the need for
a safe, attractive, and comfortable environment for residential living; access to parks, trails, and
public space amenities; and improved pedestrian, bicycle, and vehicular routes; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure an appropriate environment for residential living, including access to
parks, trails and public space amenities, improved pedestrian and bicycle safety and comfort
and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent
with the Comprehensive Plan; and,
WHEREAS, the high percentage of housing cost -burdened households is the most
common housing problem within the City of Iowa City, and one of the primary areas where people
face housing affordability challenges is near the University campus and the City's urban core; and,
WHEREAS, The Riverfront Crossings District is well -situated to support a mix of housing
due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing
and planned mix of uses, convenient access to public transit and municipal parking facilities; and,
WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a
walkable, pedestrian -friendly area where residents can work, live and play, and will increase the
need for housing that is affordable to the workforce; and
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WHEREAS, the rezoning to RFC -SG will allow mixed-use development, including
residential uses, at a density not previously permitted; and,
WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to
a riverfront crossings zoning designation, the property owner must enter into an agreement with
the city to establish which method or methods the Developer will use to provide the required
affordable housing.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
Owners are the collective the legal title holders of the property legally described as
follows:
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 15, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL
MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, INCLUDING A PORTION OF
VACATED BLOCKS THREE AND SIX OF COOK'S, SARGENT, AND DOWNEY'S
ADDITION, DESCRIBED AS FOLLOWS: Commencing at the Northeast Corner of
Vacated Block Three, of Cook's, Sargent, and Downey's Addition to Iowa City, Johnson
County, Iowa, in accordance with the Plat thereof Recorded in Deed Book 16, at Page
84, of the Records of the Johnson County Recorder's Office; Thence S01 °01'45"E, along
the West Line of Gilbert Street, 80.00 feet, to The Point of Beginning; Thence continuing
S01°01'45"E along said West Line, 360.00 feet; Thence S88°41'01"W, 450.00 feet;
Thence N08°00'11"E, 445.88 feet, to a Point on the Westerly Extension of the North Line
of said Vacated Block Three; Thence N88°41'01"E, along said Westerly Extension and
North Line, 260.00 feet; Thence S01°01'45"E, 80.00 feet; Thence N88°41'01"E, 120.00
feet, to the Point of Beginning. Said Rezoning Parcel contains 3.97 Acres (172,998
square feet), and is subject to easements and restrictions of record.
And
A parcel of land in Government Lot 3 in the SW V4 of Section 15 T79N R6W of the 5th
PM in Iowa City, Johnson County, Iowa, said parcel being particularly described as
follows. Beginning at a point (the point of beginning) being 440 feet south of the
northeast corner of Block 3 in Cook, Sargent and Downey's Addition to Iowa City, Iowa,
and on the west line of Gilbert Street (formerly Linn Street and formerly Cook Street)
thence south along the west line of Gilbert Street to the intersection of the west line of
Gilbert Street and a line which lies 110 feet normally distant northeasterly of and parallel
to the centerline of primary road No US 6, thence northwesterly along a line 110 feet
normally distant northeasterly of and parallel to the centerline of said primary road No
US 6 to the easterly bank of Ralston Creek, thence northerly along the easterly bank of
Ralston Creek a point that is 450 feet west of the point of beginning, thence east 450
feet along a line parallel with and 440 feet south of the north line of Block 3 in Cook,
Sargent and Downey's Addition to the point of beginning.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the South Gilbert Subdistrict of the Downtown and
Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further,
the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa
City may impose reasonable conditions on granting a rezoning request, over and above
the existing regulations, in order to satisfy public needs caused by the requested
change.
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3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any occupancy permit, land shall be dedicated along South
Gilbert Street to improve conditions along the street necessary for the increase in
pedestrians, bicyclists, and motorists anticipated with the rezoning according to
the goals and objectives of the Riverfront Crossings Master Plan. The ROW
dedication shall be 40 feet in depth along the frontage of properties locally
described as 1225 S. Gilbert and 1201 S. Gilbert Street. To accommodate
adequate pedestrian space along the street near the intersection with U.S.
Highway 6, dedication shall be 50 feet in depth along the frontage of property
locally known as 1301 S. Gilbert Street. The Owners may continue to use any
portion of the dedicated right-of-way pursuant to an agreement with the City for
temporary use of right-of-way, until such time as Gilbert Street is improved or
when properties along Gilbert Street are redeveloped, whichever occurs first.
b. Prior to issuance of any occupancy permit, a strip of land 30 feet in depth as
measured from the top of the bank of Ralston Creek along all properties
described above shall be dedicated to the City, which shall be cleared of any
existing structures and materials at Owner's expense once the business currently
operating at 1301 S. Gilbert Street ceases operation.
c. Prior to issuance of a building permit for any new building on any of the subject
properties, a final plat shall be approved that establishes a private street that
extends west from Gilbert Street to the 30 -foot Ralston Creek pedestrian street
established pursuant to Paragraph 3b above. This street must align with 2nd
Street and have a minimum 60 -foot right-of-way for the pedestrian street portion
and 80 feet for the vehicular portion. In addition, the final plat shall establish a 30 -
foot wide cross -access easement in a location parallel to and west of Gilbert
Street in a manner that will provide adequate lot depth for new buildings that front
on Gilbert Street in compliance with the RFC -SG Zone, safe and adequate traffic
circulation, and access to parking according to the Riverfront Crossings Master
Plan. This public cross -access easement must be designed as a private rear
alley that provides access to parking areas located behind buildings, as
illustrated in the Riverfront Crossings Master Plan and according to the RFC -SG
zoning standards.
d. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site owner -
occupied dwelling units, on-site rental dwelling units, and the payment of a fee in
lieu of the remaining dwelling units not provided on-site or as otherwise agreed to
between Owner and the City in an affordable housing agreement entered into
prior to issuance of a building permit for development of any portion of the above-
described property.
4. 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. 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
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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 shall be recorded in the Johnson County Recorder's Office at
the Owners' expense.
Dated this day of /�G��JC'P 2016.
CITY OF IOWA/CITY OWNE�S
Jes Throgmorton, May By: 12� LLC
Attest: tri `�'% / %ti
By: 122 C�' ert LL
lir
'e Voparil, Deputy City Clerk /�17/1
By: Pleasant Valley, LP
Approved byy:� *
City Attorney's Office
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on IJ2Cen. kip r— (E, , 2016 by James
Throgmorton and TklreVcFa r, I as Mayor and City Clerk, respectively, of the City of Iowa City.
Notdry Public in and folle State of Iowa
(Stamp or Seal)
L,],J��LKELLIE K. FRUEHLINGTitle (and Rank) yy �0�,;�onEpxes19
My commission expires:
1201 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 111'9 V)'?4K "r ` , 2016 by
(Name(s) of individual(s) as Yr1C/� ivla+t er
(type of authority, such as officer or trustee) of 1201 GILBERT1LL,C.
Notary Public in anb for thb State of Iowa
(Stamp or Seal)
4 TANYA MYER3
�
and Rank F mission Number 787624
Title
( ) MyCgm,?iss�to'n� Tres
tCl I
My commission expires: /: as i
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1225 GILBERT LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on ���� 6Pr q , 2016 by
tel, O t hf- (Name(s) of individual(s) Po*`bn-e-p
(type of authority, such as officer or trustee) of 1225 GILB RT LLC.
2C�
Notary Public in and f r the State of Iowa
(Stamp or Sea[) pp TANYA MYERS
F commission Number 787624
Title (and Rank) My i 1. 2 " "s=LEL Aires
Z_
My commission expires: "
PLEASANT VALLEY, LP ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on /Vam
ne be-- /( , 2016 by
keh FeuerhavA (Name(s) of individual(s) as
;� (type of authority, such as officer or trustee) of Pleasant
Valley, LP.
&&kL
MICHAEL W KENNEDY Notary Public in and fq the State of Iowa
Commission Number 1080e9
mycomu eeMEXOee (Stamp or Sea])
Mwch 1 2010
Title (and Rank)
My commission expires.
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