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HomeMy WebLinkAbout2017-03-07 OrdinancePrepared by: Bob Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 10.26 ACRES OF PROPERTY LOCATED AT NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE FROM INTERIM DEVELOPMENT (ID -RS) ZONE TO LOW DENSITY MULTI -FAMILY RESIDENTIAL (RM -12) ZONE. (REZ16-00008) WHEREAS, the owner, Charles Jeffery Larson, has requested a rezoning of 10.26 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Interim Development (ID -RS) Zone to Low Density Multi -Family Residential (RM -12) Zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing preservation of the wooded ravines and general compliance with the submitted concept which includes a maximum of 60 dwelling units; 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Planned Development Overlay (OPD -5) to Low Density Multi -Family Residential (RM -12): Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. 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. Ordinance No. Page 2 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—. MAYOR ATTEST: CITY CLERK Appr ved by 7 ityAftorneys Office 3/a / I 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 03/07/2017 Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Prepared by: Marti Wolf, Planning Intem, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ16-00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Charles Jeffrey Larson (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 10.26 acres of property located north of Scott Boulevard, between Hickory Heights Lane and First Avenue; and WHEREAS, the Owner has requested the rezoning of said property from Interim Development (ID -RS) to Low Density Multifamily Residential (RM -12); and WHEREAS, development of this property is constrained by wooded ravines, regulated slopes, and the necessary on-site stormwater detention management obligations, limiting the achievable density and developable lot area; WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building and site design to minimize impact on the wooded ravines located on the property the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the public need to minimize disturbance of the wooded ravines present on the property; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Charles Jeffrey Larson is the legal title holder of the property legally described as: Amended Auditor's Parcel 2005108 (Plat of Survey recorded in Plat Book 52, Page 144 at the Johnson County Recorder's Office), except that portion lying in the Southeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5u P.M., Iowa City, Johnson County, Iowa. Total area: 10.281 acres more or less. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) 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 agrees that development of the subject property will conform to all other requirements of the zoning ppdadnJagVc hanick chapter, as well as be in general compliance with the submitted concept plan for a maximum of 60 dwelling units, which has been designed to minimize disturbance of the wooded ravines present on the property. The concept plan is attached here to and by reference made part of this agreement. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City 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 Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this ? day of R •dK CITY OF IOWA CITY Jim Throgmorton, Mayor Attest: City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: ppdadMagYm hanick 2 20 17 CHARLES JEFFREY LARSON M STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) CHARLES JEFFREY LARSON ACKNOWLEDGMENT: State of ZOwlr County of A -i i m� This record was acknowledged before me on6/ /7 (Date) byC,4rle5 Je.Vrty [arses. (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 Stamp or Seal) Fmycommcill obri-I S��I _ row, jitle (and Rank) mma^•ten 11E4373 �My commission expires:ion E�G.w, !Y 2r ! ppdadnVagVm hanick H101 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 17-4694 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, OUTDOOR SERVICE AREAS AND TITLE 14, ARTICLE 4D, TEMPORARY USES, TO ALLOW LIMITED USE OF AMPLIFIED BACKGROUND MUSIC FOR EATING AND DRINKING ESTABLISHMENTS IN THE RIVERFRONT CROSSINGS SOUTH GILBERT AND WEST RIVERFRONT SUBDISTRICTS. WHEREAS, Iowa City, similar to other cities across the country, regulates amplified sound in outdoor areas to prevent public nuisances associated with spillover noise into surrounding properties and neighborhoods; and WHEREAS, amplified sound is generally not allowed in outdoor service areas due to the potential for the noise to create a nuisance for nearby properties and the surrounding neighborhood, particularly in the downtown area, where there is a concentration of outdoor service areas, and in areas that are close to residential neighborhoods; and WHEREAS, in certain parts of the Riverfront Crossings District, namely the South Gilbert and West Riverfront Subdistricts, where outdoor service areas are not currently as prevalent and where single family zones are not in the vicinity, limited use of low volume, amplified background music in outdoor service areas may be acceptable as a part of a mixed-use neighborhood on a case by case basis provided there are appropriate controls on the volume, location, hours, and design of the outdoor service area to prevent spillover nuisance noise; WHEREAS, noise control in outdoor service areas and use of amplified sound is of particular concern due to the potential for sound to travel across property boundaries and into surrounding neighborhoods, so special attention is needed when considering design of these spaces to prevent nuisance noise and amplified sound should only be allowed with oversight by the City through a temporary use permit; and WHEREAS, allowing amplified background music through a seasonal temporary use permit allows the flexibility for the City to work with the applicant to establish a set of standards and controls appropriate to the specific location and will allow the City to more quickly remedy any nuisances that arise; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed zoning amendments and recommend approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 4-3-1C-5, Noise Restrictions (for Outdoor Service Areas), and substitute in lieu thereof: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. A noise mitigation plan outlining the techniques to be used to minimize the carry of noise across property boundaries shall be included with the OSA application. The OSA shall be designed to minimize the carry of noise outside the OSA through the use of specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. The plan shall include anticipated decibel levels and note how the volume will be controlled. After an OSA is established, the City reserves the right to require additional noise minimization techniques. Amplified sound shall be prohibited in outdoor service areas, except as allowed by Title 14 -4C -D of this Code. B. Amend Section 14-4131-2, Temporary Uses Allowed, by adding the following paragraph: Ordinance No. 17-4694 Page 2 Seasonal permit for limited use of amplified background music in outdoor service areas associated with eating or drinking establishments located in the Riverfront Crossings - South Gilbert (RFC -SG) or Riverfront Crossings - West Riverfront (RFC -WR) Zones, according to the approval criteria set forth in Section 14-413-4 and any associated conditions deemed appropriate by the city to advance the purpose of the approval criteria. C. Amend Section 14-4D-4, Approval Criteria (for Temporary Uses), by adding a new subsection J., as follows: J. Where amplified sound is allowed in an outdoor service area as a temporary use pursuant to 14-413-2, a temporary use permit may be granted upon satisfaction of the following additional approval criteria and shall be operated accordingly: 1. Amplified sound is only allowed if the OSA is located more than 300 feet from any residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA, unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM. 5. Amplified sound may be restricted or prohibited during public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan in accordance with Section 4-3- 1 C(5). 7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for these types of special events. 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 th' h day of march , 2017. MAYOR } ATTER:, .z.z 6161�-/ �1 .�_.e ./L � . pproved byi'y1v �'(412 ,•�� Pc,1 DEPUTY CITY GIIERK �� City Attorney's Office ae r Ordinance No. 17-4694 Page 3 It was moved by Mims and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS First Consideration _ Vote for passage: Throgmorton, Second Consideration _ Vote for passage: ABSENT: [oYlf�lff'�elVl ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton AYES: Cole, Dickens, Mims, Taylor, Thomas, Botchway. NAYS: None. ABSENT: None. Date published 03/16/2017 that the Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. r -�_.-- -4 CITY OF IOWA CITY sb �� MEMORANDUM Date: January 19, 2017 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Code amendments to allow limited use of amplified music in outdoor service areas in the South Gilbert and West Riverfront subdistricts of Riverfront Crossings Background: The City has received a request from Big Grove Brewery to allow them to have low volume background music in their outdoor service area. Currently amplified sound is not allowed in outdoor services areas (OSAs), except for limited use in rooftop service areas. Most of Iowa City's OSAs are located in the downtown area where the prevalence of eating and drinking establishments results in close adjacency between OSAs. It would be difficult, if not impossible to prevent spillover sound from one OSA to another if amplified sound were allowed in all the OSAs in the downtown area. However, in outlying areas where such uses have not yet been established or are more dispersed, having low volume background music within an OSA may create welcome ambience for outdoor dining since it will not be mixed with conflicting sound from another OSA. There are other communities that allow this type of low volume background music with varied regulations to control volume, location, hours, and design to prevent spillover nuisance noise. Discussion of Solutions: Similar to how we allow amplified sound in the recently adopted regulations for rooftop service areas, background music could be allowed through a seasonal temporary use permit with rules regarding design, location, hours, and volume. Temporary use permits are renewed annually and can be granted with conditions that are appropriate for the unique circumstances of each application. It is important to note that a temporary use permit is not a right and if circumstances dictate, the City can modify the conditions of the permit or choose not to issue such a permit. The temporary use permit will allow the City to more quickly remedy any nuisances related to the noise. Staff recommends establishing the new allowance in the areas of Riverfront Crossings that are currently more commercial in character, the South Gilbert Subdistrict and the West Riverfront Subdistrict. Recommendation: To address the aforementioned issue, staff recommends the following changes to the City Code: Amend 43-1C-5, Noise Restrictions (for Outdoor Service Areas), as follows: 5. Noise Restrictions: Compliance with the City noise ordinance shall be required. service areas, except for limited use Page 2 rooftop service areas as set forth in Title 14, Chapter 4, Articles C, "Accessory Uses and Buildings", and D, "Temporary Uses", of this Code. Amend 14-4D-2: Temporary Uses Allowed, by adding the following paragraph: Amend 14-4D-4: Approval Criteria (for Temporary Uses), by adding a new subsection J., as follows: residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. The City may restrict the hours when amplified sound may be used However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM. 5. Amplified sound may be restricted or prohibited during public events festivals or concerts. 6. The applicant must submit a sound mitigation plan to the City that illustrates to the satisfaction of the City how the design of the OSA will minimize carry of noise to areas outside the OSA The sound mitigation plan shall include information regarding the methods that will be used to minimize the carry of noise such as specialized screen wall materials sound deadening techniques placement and orientation of speakers, control of volume or similar. That plan shall include anticipated decibel levels and note how the volume will be controlled The City may require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. 7. Live entertainment movies DJs or presentations using amplification are not allowed Approv Planning and Zoning Commission January 19, 2017 - Formal Meeting Page 4 of 11 Liz Maas (620 Ronald's Street) works for Transition Ecology and is representing S & G Materials on this application. She noted that the basins shown on the map and that the one marked C does not actually go all the way to the road and because of that topographically there is no sand and gravel mining proposed for that area with this project, so that will serve as a buffer. Additionally no additional truck traffic will be on Oak Crest Hill Road SE. Maas noted that Blue -line streams are federally regulated as well as by the State and the County. In addition, because this property has wetlands on it, which are also federally protected, so they are careful to not touch any of those areas on this property. The impacts they are proposing are mostly old ditches that have been carved by farmers over the years to allow for drainage, which may look like wetlands but are considered farm basins. Any areas they are disturbing they are offsetting the impact with the construction of mitigation sites (such as the area to the north). Additionally after they are done mining in an area, they are required to create wetland shoreline areas. With regards to the question about the river, the other entity that manages these types of sites is an organization called MSHA and the Iowa Department of Agriculture also permits this activity and have regulations on how close to the river the mining can actually be. During the flood of 2014 and 2008 this area flooded but some of the area sits high enough that it was not flooded. Recently they received a "no rise" certificate for the entire property to illustrate that the sand piles and activities on the property are not causing rise of water upstream. Hensch asked what the anticipated life span of this quarry would be. Maas stated that the preexisting quarry has been in operation for the last 15 years and probably has another 2-3 years to finish out, depending on need. The second additional will probably be in operation another 15-20 years. Freerks closed the public discussion Hensch moved to recommend that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin seconded the motion. A vote was taken and the motion carried 7-0. CODE AMENDMENT ITEMS: 1. Discussion of an amendment to outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Howard explained that the City has received a request from Big Grove Brewery, who are repurposing an existing building along South Gilbert Street, to allow amplified music in its proposed outdoor service area, which is part of the restaurant that will be behind the Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 5 of 11 brewery. This area is in the South Gilbert area of Riverfront Crossings. Amplified sound is currently not allowed in any outdoor service areas in the City, as most of the outdoor service areas are in the downtown area and are in close proximity to each other and it would be difficult, if not impossible, to prevent noise spillover. However in outlying areas, where there are currently no outdoor service areas or where they will likely be more spread out, low level background music may not be a problem. Several surrounding communities do allow low level background music to create an ambience for outdoor dining. Staff felt given that outdoor service areas are not as prevalent in the outlying areas of Riverfront Crossings, it may be reasonable to allow amplified background music, regulated through a seasonal temporary use permit. Staff recommends establishing the new allowance in the areas of Riverfront Crossings that are currently more commercial in character, the South Gilbert Subdistrict and the West Riverfront Subdistrict. Temporary use permits allow for rules regarding design, location, hours, and volume on a seasonal basis with conditions that are appropriate for the unique circumstances of each application. It also allows for modification or nonrenewal of the permit if there are problems. Staff recommends to add language to the temporary use section of the Zoning Ordinance, and an amendment to Title 4 (the outdoor service area portion). The rules would be similar to those that were adopted a few months ago for the rooftop service areas allowing amplified sound through a temporary use permit. The following conditions would apply: 1. Amplified sound is only allowed if the OSA is located more than 300 feet from any residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA, unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM. 5. Amplified sound may be restricted or prohibited during public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan to the City that illustrates to the satisfaction of the City how the design of the OSA will minimize carry of noise to areas outside the OSA. The sound mitigation plan shall include information regarding the methods that will be used to minimize the carry of noise, such as specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. That plan shall include anticipated decibel levels and note how the volume will be controlled. The City may require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. 7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for those types of special events. Freerks asked if there was a standard to determine what "low volume' should be. Howard said that will be determined based on characteristics of the site and through demonstration of how spillover noise will be controlled. The applicant will have to address it in their mitigation plan. The City can request adjustment if noise becomes a nuisance. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 6 of 11 Theobald questioned the inclusion of the West Riverfront Crossings District as it currently already has residents. Howard explained that each application for a temporary use permit will be considered on a case by case basis and it will be up to the applicant to demonstrate that there will not be spillover noise to neighboring properties. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to amend the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Martin seconded the motion. A vote was taken and the motion carried 7-0. 2. Discussion of an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. Howard explained that the City has received a request from Big Grove Brewery to allow larger fascia signs (wall signs) than are currently allowed in the Riverfront Crossings South Gilbert District. When the brewery started renovations on the property it was zoned CI -1, which has a larger fascia sign allowance than what is allowed in the South Gilbert Subdistrict of Riverfront Crossings. The building is set back from the street and has large areas of blank fagade without the typical storefront windows and entryways that would be required of new commercial buildings in the Riverfront Crossings District. When the property was rezoned to Riverfront Crossings, the new storefront fascia signage provisions applied. Big Grove did not anticipate a change in sign regulations when the property was rezoned to Riverfront Crossings and was planning to create more visual interest on the fagade with creative wall signage, but the new lower sign allowance will be inadequate. In this particular case the Brewery is considered a "cottage industry", meaning it's the type of manufacturing use that may sell wholesale but also has a significant retail component. Cottage industries are allowed in Riverfront Crossings. The Brewery is trying not only to manufacture beer, but to attract customers to their restaurant and bar, so there is reason to create more visual interest in the fagade, to fit into what will become a walkable, mixed-use neighborhood in the near future. Howard noted that in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building. It makes sense to maintain consistency with these other zones for the rare instance where an existing building is repurposed and does not meet the storefront frontage standards that will be required of new commercial buildings in Riverfront Crossings. The larger sign allowance provides the flexibility to design signage that will create visual interest for pedestrians, bicyclists, and motorists on a cottage industry building such as the Brewery. Since the South Gilbert subdistrict is the only area of Riverfront Crossings where this type of situation is likely to occur due to its history as a quasi -industrial area, staff recommends limiting this new sign allowance to this subdistrict. Staff recommends amending paragraph 14 -2G -7F -9a, regarding signs in South Gilbert Subdisctrict as follows: IPC , Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 17-4695 AN ORDINANCE AMENDING CITY CODE SECTION 14 -2G -7F-9, SIGN REGULATIONS IN THE RIVERFRONT CROSSINGS FORM -BASED CODE, TO CHANGE THE SIGN ALLOWANCE FOR FASCIA SIGNS FOR COTTAGE INDUSTRIES AND ASSOCIATED USES IN THE SOUTH GILBERT SUBDISTRICT OF RIVERFRONT CROSSINGS. WHEREAS, recently adopted changes to the sign code for Central Business Zones and Riverfront Crossings Zones adjusted the signage allowance for fascia signs for commercial uses to reflect the pedestrian -oriented storefront character of the buildings in downtown Iowa City and in commercial and mixed-use buildings in the Riverfront Crossings District; and WHEREAS, storefront requirements in these zones are intended to create a pedestrian - oriented environment, therefore a substantial percentage of the street -facing building fagade must be comprised of windows and storefront entries, with fascia signage located on a sign band above the storefront windows and below upper floor residential windows at a scale that reflects the direct adjacency between the building and the public sidewalk; and WHEREAS, in rare cases of a cottage industry reusing an existing commercial building in Riverfront Crossings that was not constructed as a storefront building, is noncompliant with the storefront frontage standards and maximum setback standards in the form -based code, such as the building that Big Grove Brewery is re -purposing for their brewing operation on South Gilbert Street, the fascia signage allowance is inadequate to create the same kind of visual interest on a street -facing fagade as would a compliant storefront building; WHEREAS, a cottage industry is a small manufacturing use that has a significant retail component, so there is reason to create more visual interest on building fagades without storefront features to attract customers as well as add visual interest along streets in Riverfront Crossings, which is intended to be a pedestrian -oriented, mixed-use neighborhood; and WHEREAS, in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building; and WHEREAS, given the history of the South Gilbert Subdistrict of Riverfront Crossings qsa location for quasi -industrial uses, a similar sign allowance for cottage industries and associated uses that are located in buildings that are noncompliant with Riverfront Crossings storefront standards is warranted to create visual interest for pedestrians, bicyclists, and motorists; 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 Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 14-2G-7F-ga, regarding sign allowances in certain subdistricts of Riverfront Crossings, and substitute in lieu thereof: a. In the South Downtown, Central Crossings, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings shall be allowed according to the standards that apply in the CB -10 Zone, as set forth in Article 14-513, except that in the South Gilbert Subdistrict the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings that are legally non- compliant with storefront frontage standards is 15% of the sign wall. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions Ordinance No. 17-4695 Page 2 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 7th day of march , 2017. MAY R ATTQEST:.�_r_ (�1L(� ITY CLERK, ��//�� Approved by - .2 ✓I n vhf' City Attorney's Office -0/1// Ordinance No. 17-4695 Page 3 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES NAYS: First Consideration _ Vote for passage: Throgmorton, Second Consideration _ Vote for passage: ABSENT: ABSTAIN: 02/21/2017 AYES: Dickens, Mims, Botchway, Cole. NAYS: Date published 03/16/2017 Dickens thatthe Botchway Cole Dickens Mims Taylor Thomas Throgmorton Taylor, Thomas, None. ABSENT: None. Moved by Mims, seconded by Thomas, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None. r --t�--,-4 CITY OF IOWA CITY 6c MEMORANDUM Date: January 19, 2017 To: Planning and Zoning Commission From: Karen Howard, Associate Planne Re: Amendment to sign regulations in the South Gilbert Subdistrict of RFC Background: Recently adopted changes to the sign code for Central Business Zones and Riverfront Crossings Zones adjusted the signage allowance for fascia signs for commercial uses to reflect the pedestrian -oriented storefront character of the building facades in downtown and mixed use buildings anticipated in Riverfront Crossings. In general, since storefront requirements in these zones are intended to create a pedestrian -oriented environment, a substantial percentage of the building fagade must be comprised of windows and storefront entries, with fascia signage located on a sign band above the storefront windows and below upper floor residential windows at a scale that reflects the direct adjacency between the building and the public sidewalk. However, in what will likely be a rare case of re -use of an existing building in Riverfront Crossings that was not constructed as a storefront building and is set back from the street, such as the building that Big Grove Brewery is re -purposing for their brewing operation on South Gilbert Street, the fascia signage allowance is inadequate to create the same kind of visual interest on a fagade that is largely without storefront features. While the brewery owners have improved the exterior of the building by adding new metal siding, large portions of the fagade are fairly blank without typical storefront features such as large display windows and entries. A manufacturing use would not typically include such features or have a reason to since they are not typically located in pedestrian -oriented neighborhoods, and are not generally trying to attract retail customers. In this case, the brewery is a "cottage industry" that has a significant retail component. They are trying to attract customers, so there is reason to create more visual interest in the fagade to fit into what will become a walkable, mixed-use neighborhood in the near future. Discussion of Solutions: In commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building. It makes sense to maintain consistency with these other zones for the rare instance where an existing building is repurposed and doesn't meet the storefront frontage standards that will be required of new buildings. The larger sign allowance provides the flexibility to design signage that will create visual interest for pedestrians, bicyclists, and motorists on a cottage industry building such as the brewery. (See attached preliminary sign concepts being explored by Big Grove Brewery). Since the South Gilbert subdistrict is the only area of Riverfront Crossings where this type of situation is likely to occur due to its history as a quasi -industrial area, staff recommends limiting this new sign allowance to this subdistrict. Page 2 Recommendation: To address the aforementioned issue, staff recommends the following change to the Riverfront Crossings form -based code: Amend paragraph 14 -2G -7F -9a, regarding signs in South Gilbert Subdistrict, as follows: a. In the South Downtown, Central Crossings, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings shall be allowed according to the standards that apply in the CB -10 Zone, as set forth in Article 14-513, except in the South Gilbert Subdistrict, Approved by: Neighborhood and Tevelopment Services _ .." GRAVE E R T - - AMORE- R - - -- WEST ENTRY/COURTYARD REEP WALKING -� 3 Planning and Zoning Commission January 19, 2017—Formal Meeting Page 6 of 11 Martin questioned the inclusion of the West Riverfront Crossings District as it currently already has residents. Howard explained that each application for a temporary use permit will be considered on a case by case basis and it will be up to the applicant to demonstrate that there will not be spillover noise to neighboring properties. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to amend the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Martin seconded the motion. A vote was taken and the motion carried 7-0. 2. Discussion of an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. Howard explained that the City has received a request from Big Grove Brewery to allow larger fascia signs (wall signs) than are currently allowed in the Riverfront Crossings South Gilbert District. When the brewery started renovations on the property it was zoned CI -1, which has a larger fascia sign allowance than what is allowed in the South Gilbert Subdistrict of Riverfront Crossings. The building is set back from the street and has large areas of blank fagade without the typical storefront windows and entryways that would be required of new commercial buildings in the Riverfront Crossings District. When the property was rezoned to Riverfront Crossings, the new storefront fascia signage provisions applied. Big Grove did not anticipate a change in sign regulations when the property was rezoned to Riverfront Crossings and was planning to create more visual interest on the fagade with creative wall signage, but the new lower sign allowance will be inadequate. In this particular case the Brewery is considered a "cottage industry", meaning it's the type of manufacturing use that may sell wholesale but also has a significant retail component. Cottage industries are allowed in Riverfront Crossings. The Brewery is trying not only to manufacture beer, but to attract customers to their restaurant and bar, so there is reason to create more visual interest in the fagade, to fit into what will become a walkable, mixed-use neighborhood in the near future. Howard noted that in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building. It makes sense to maintain consistency with these other zones for the rare instance where an existing building is repurposed and does not meet the storefront frontage standards that will be required of new commercial buildings in Riverfront Crossings. The larger sign allowance provides the flexibility to design signage that will create visual interest for pedestrians, bicyclists, and motorists on a cottage industry building such as the Brewery. Since the South Gilbert subdistrict is the only area of Riverfront Crossings where this type of situation is likely to occur due to its history as a quasi -industrial area, staff recommends limiting this new sign allowance to this subdistrict. Staff recommends amending paragraph 14 -2G -7F -9a, regarding signs in South Gilbert Subdisctrict as follows: Planning and Zoning Commission January 19, 2017 - Formal Meeting Page 7 of 11 In the South Downtown, Central Crossing, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings should be allowed according to the standards that apply in the CB -10 Zone, as set forth in Article 14-56, except in the South Gilbert Subdistrict, where the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings with facades that do not meet storefront standards is 15% of the sign wall. Signs asked if Howard could explain how the signage review correlates with the design review of buildings such as this. Hektoen interjected and explained that since the Town of Gilbert Supreme Court Ruling the City has taken itself out of the business of design review for signs to avoid facing potential First Amendment Claims of violation of freedom of speech. Signs questioned how such a blank fagade was allowed in Riverfront Crossings. Howard acknowledged that this situation is unique because they are repurposing an existing structure that does not have typical storefront features. She noted that all new buildings including those for cottage industries in the Riverfront Crossings area will have to comply with the more strict storefront design standards. The larger sign allowance will help to mitigate what would otherwise be fairly blank facades that are visible from the street by allowing more of the fagade to be covered with creative signage. Miklo added that the work on the brewery began under the old zoning of CI -1, so the Riverfront Crossings storefront standards did not apply at that time. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Parsons moved to approve an amendment to City Code Section 14 -2G -7F-9, Sign regulations in the Riverfront Crossings Form -Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict using the revised language Staff distributed at the meeting. Martin seconded the motion. Signs asked about what is considered signage versus what is just artwork on the building. Howard said the drawings included in the packet were just concepts that the brewery was considering and they have not settled on a final design yet. Staff has informed them that if the signage is part of their logo it is considered a sign, but if it is an image that is not part of their logo or their name, then it would be considered artwork and not subject to the sign allowance. In other words, they could cover the entire fagade with a mural as long as it did not contain their logo. Signs stated he is torn, he likes the concepts, he likes the reuse of the building, but seems like it will not fit the character of what the Riverfront Crossings Plan called for in this area. Howard emphasized that the amendment just allows for larger fascia signs. The building was repurposed before the property was zoned Riverfront Crossings, so the storefront standards were not required at the time. While the location of the building and the large blank facades are not ideal in meeting the Riverfront Crossings form -based code standards, if the sign amendment is not approved, the current storefront sign guidelines will apply. The amendment under consideration is not whether or not to allow the brewery but whether to allow fascia signage to be larger to create more visual interest on building facades that are nonconforming with the Riverfront Crossings storefront standards. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 8 of 11 Dyer stated she likes the amendment, she noted however that she was hoping when this building was redeveloped there would be an addition to the front of the building so that it would be more in keeping with the Riverfront Crossings Plan and code to fit into the future walkable neighborhood. A vote was taken and the motion carried 7-0. 3. Discussion of amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6. Howard noted there is really only one property that has frontage on both Highway 6 and Gilbert Street, so the requested amendment would have limited application. The developer that is in the process of designing a new building on the former Pleasant Valley Nursery site has requested that we consider allowing one aisle of parking between a new mixed-use building and Highway 6. The building will have a storefront frontage aligned close to Gilbert Street with access from the public sidewalk to the main lobby for the residential units above in compliance with the form -based code. However, to use the remaining land south of Big Grove Brewery more efficiently, the developer would like the new building on the Pleasant Valley site to have another longer storefront facade oriented toward Highway 6. Howard showed some renderings from the architect on how the building would be oriented. Since Highway 6 will never be an urban street with on -street parking to activate commercial storefronts, it makes sense to allow one aisle of parking between the building and the Highway 6 frontage. This would be similar to the allowance made in the form -based code along the west side of Riverside Drive south of Benton Street. Staff recommends adding a provision to the form -based code to address the unique frontage condition along Highway 6 Staff recommends amending 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) and adding a new sub -paragraph (e), as follows: b. Building Placement (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) - (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building facade that faces Highway 6 may be aligned along a pedestrian way with abutting perpendicular parking spaces aligned along an east -west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. Amending 14- 2G -3A -4b.(1), Primary Street, Pedestrian Street, and designated Ralston Creek Frontage Setback (E) and Screening, by amending sub -paragraph (a), as follows: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building facade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b), below. 910 Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. 17-4696 AN ORDINANCE AMENDING CITY CODE SECTION 14 -2G -3A TO ADDRESS BUILDING AND PARKING PLACEMENT STANDARDS FOR PROPERTY AT THE CORNER OF SOUTH GILBERT STREET AND HIGHWAY 6. WHEREAS, the building and parking placement standards in the Riverfront Crossings South Gilbert Zone require buildings to be located close to public sidewalks along street frontages and parking to be located behind buildings to foster a pedestrian -oriented, mixed-use neighborhood; and WHEREAS, U.S. Highway 6 forms the southern boundary of the Riverfront Crossings South Gilbert Subdistrict; and WHEREAS, U.S. Highway 6, due to higher traffic speeds and highway design will never be an urban street with on -street parking to activate commercial storefronts, so a different standard for building and parking placement may be warranted to create attractive and successful commercial storefronts along this highway corridor; WHEREAS, on properties with Highway 6 frontage in the Riverfront Crossings South Gilbert District, allowing buildings to be aligned along a minimum 10' pedestrian way with one aisle of parking located between this pedestrian way and Highway 6, will substitute for on -street parking and allow a more attractive storefront facade to be visible along this frontage; 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 Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Section 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) as noted below, and adding a new sub -paragraph (e), as follows: (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) - (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building fagade that faces Highway 6 may be aligned along a minimum 10' wide pedestrian way with abutting perpendicular parking spaces aligned along an east -west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. (subsequent sub -paragraphs, currently (e) - (h), are re -lettered accordingly) B. Delete sub -paragraph 14-2G-3A-4b.(1)(a), and substitute in lieu thereof: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building fagade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b), below. Ordinance No. 17-4696 Page 2 C. Amend paragraph 14 -2G -3A -4b.(2), Parking, Loading and Service Areas, by adding a new subparagraph (b), as follows: (b) In the South Gilbert Subdistrict, for a corner lot with frontage on both Gilbert Street and Highway 6, one double -loaded aisle of surface parking is permitted within the private frontage area along the Highway 6 frontage. Surface parking must be setback a minimum of 10' from the Highway 6 right-of-way and screened to the S2 standard. Said surface parking must be setback 10' min. from the Gilbert Street right-of-way and 3' min. from the primary street building fagade on Gilbert Street and screened to the S2 standard. (subsequent sub -paragraphs, currently (b) - (c), are re -lettered accordingly) 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 7th day of March , 2017. MAYOR ATTEST;-�z-G lr z �5 1JL L e /LLL c CITY CLERK,iP�L Approved by:� City Attorney's Office /l , Ordinance No. 17-4696 Page 3 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Dickens that the Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/21/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/16/2017 Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. I ��,® CITY OF IOWA CITY 6d - '4 MEMORANDUM Date: January 19, 2017 To: Planning and Zoning Commission 4) From: Karen Howard, Associate Planne Re: Code amendments to allow different building and parking placement standards for property in the South Gilbert Subdistrict of Riverfront Crossings with Highway 6 frontage Background: The developer that is in the process of designing a new building on the former Pleasant Valley Nursery site has requested that we consider allowing one aisle of parking between the new mixed-use building and Highway 6. The building will have a storefront frontage aligned close to Gilbert Street with access from the public sidewalk to the main lobby for the residential units above. To use the remaining land south of Big Grove Brewery more efficiently, the developer would like the new building on the Pleasant Valley site to have another longer storefront fagade oriented toward Highway 6. Discussion of Solutions: Since Highway 6 will never be an urban street with on -street parking to activate commercial storefronts, it makes sense to allow one aisle of parking between the building and the Highway 6 frontage. This aisle would serve as a substitute for on -street parking and allow the more attractive storefront fagade to be visible along this frontage. This would be similar to the allowance made in the form -based code along the west side of Riverside Drive south of Benton Street. Staff recommends adding a provision to the form -based code to address the unique frontage condition along Highway 6. Recommendation: To address the aforementioned issue, staff recommends the following changes to the Riverfront Crossings Form -based Code: Amend 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) and adding a new sub -paragraph (e), as follows: b. Building Placement (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) — (d) remain the same) (subsequent sub -paragraphs, currently (e) — (h), are re -lettered accordingly) Page 2 Amend 14 -2G -3A -4b.(1), Primary Street, Pedestrian Street, and designated Ralston Creek Frontage Setback (E) and Screening, by amending sub -paragraph (a), as follows: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building fapade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b) below. Amend 14 -2G -3A -4b.(2), Parking, Loading, and Service Areas (in the South Gilbert Subdistrict), by adding a new subparagraph (b), as follows: (subsequent qab-paragraphs, currently (b) — (c), are re -lettered accordingly) Approved by: and Development Services p,, 1301 at The Crossings 1: Building 1 - East Elevation Carlson Design Team 12-2316 1301 at The Crossings 2: Building 1 -South Elevation Carlson Design Team 12-23-16 1301 at The Crossings 3: Building 1 - South Elevation Carlson Design Team 12-23-16 Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 8 of 11 Dyer stated she likes the amendment, she noted however that she was hoping when this building was redeveloped there would be an addition to the front of the building so that it would be more in keeping with the Riverfront Crossings Plan and code to fit into the future walkable neighborhood. A vote was taken and the motion carried 7-0. 3. Discussion of amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6. Howard noted there is really only one property that has frontage on both Highway 6 and Gilbert Street, so the requested amendment would have limited application. The developer that is in the process of designing a new building on the former Pleasant Valley Nursery site has requested that we consider allowing one aisle of parking between a new mixed-use building and Highway 6. The building will have a storefront frontage aligned close to Gilbert Street with access from the public sidewalk to the main lobby for the residential units above in compliance with the form -based code. However, to use the remaining land south of Big Grove Brewery more efficiently, the developer would like the new building on the Pleasant Valley site to have another longer storefront facade oriented toward Highway 6. Howard showed some renderings from the architect on how the building would be oriented. Since Highway 6 will never be an urban street with on -street parking to activate commercial storefronts, it makes sense to allow one aisle of parking between the building and the Highway 6 frontage. This would be similar to the allowance made in the form -based code along the west side of Riverside Drive south of Benton Street. Staff recommends adding a provision to the form -based code to address the unique frontage condition along Highway 6. Staff recommends amending 14 -2G -3A -3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) and adding a new sub -paragraph (e), as follows: b. Building Placement (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub -paragraphs (a) - (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building facade that faces Highway 6 may be aligned along a pedestrian way with abutting perpendicular parking spaces aligned along an east -west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. Amending 14- 2G -3A -4b.(1), Primary Street, Pedestrian Street, and designated Ralston Creek Frontage Setback (E) and Screening, by amending sub -paragraph (a), as follows: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building facade and located behind fully -enclosed, occupied building space, except as allowed in paragraph 2(b), below. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 9 of 11 Amending 1 2G -3A -4b.(2), Parking, Loading, and Service Areas (in the South Gilbert Subdistrict), by adding a new subparagraph (b), as follows: (b) In the South Gilbert Subdistrict for a corner lot with frontage on both Gilbert Street and Highway 6, one double loaded aisle of surface parking is permitted within the private frontage area along the Highway 6 frontage. Surface parking must be setback a minimum of 10' from the Highway 6 right-of-way and screened to the S2 • • standard. Said surface parking must be setback 10' min. from the Gilbert Street right- of-way and 3' min. from the primary street building facade on Gilbert Street and screened to the S2 standard. (subsequent subparagraphs, currently (b) - (c), are re -lettered accordingly) Martin asked what the language was prior because it seems like the area is already following these guidelines. Howard stated that with the new form -based code no parking is allowed between the buildings and the street so that is why this amendment is now necessary. Dyer asked if there would be entryways on the Highway 6 side to the storefronts. Howard confirmed there would be, as well as parking on that side. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to approve the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14 -2G -3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. Martin seconded the motion. Hensch stated he liked this proposal. Signs agreed. Freerks noted the importance of maintaining sufficient green space as these types of projects move forward. Howard noted that due to the repurposing of the Brewery building (rather than demolish and a new building being built) meant there was less room on the property to the south to meet the original Riverfront Crossings plan. In other words, efficient use of the remainder of the Pleasant Valley site would mean that the building would be oriented with the longer building fagade facing Highway 6. Given that it would be difficult for businesses to have front doors facing Highway 6 without a typical urban street frontage, some alternative means of creating a street frontage is necessary. Street trees and parking area screening would be required and the property owner is also contemplating green infrastructure along this frontage which will create more green space. Dyer noted that makes two of the buildings then in this area noncompliant to the form -based code and the Riverfront Crossings Plan. Howard agreed, but the amendments proposed for this corner are intended to make the new building compliant with an alternative standard to make the best of a challenging situation. Freerks noted that along with new buildings the City encourages reuse of existing buildings as well. A vote was taken and the motion carried 7-0. Planning and Zoning Commission January 19, 2017 — Formal Meeting Page 10 of 11 CONSIDERATION OF MEETING MINUTES: DECEMBER 15, 2016 Hensch moved to approve the meeting minutes of December 15, 2016. Signs seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Miklo distributed a survey from the Human Rights Commission. ADJOURNMENT: Parsons moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 17-4697 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC,' CHAPTERS, ENTITLED "BICYCLES," SECTION 6, ENTITLED "PARKING VIOLATIONS," SUBSECTION B, ENTITLED "OWNER PRIMA FACIE RESPONSIBLE FOR PARKING VIOLATIONS" TO ALLOW THE CITY TO DONATE ABANDONED BICYCLES TO LOW INCOME YOUTH. WHEREAS, currently the City must sell impounded bicycles at a public auction or donate to nonprofit organizations that serve low income and disadvantaged youth and families; and WHEREAS, it is in the best interest of the City to have an additional option to allow City staff to donate said impounded bicycles directly to low income youth and homeless individuals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," Section 6, entitled "Parking Violations," Subsection B, entitled "Owner Prima Facie Responsible for Parking Violations," Paragraph 2 is hereby repealed in its entirety and a new Paragraph 2 is added which reads as follows: In the event the City is unable to ascertain the owner, or the owner does not claim the bicycle within three (3) calendar months from the date of impoundment, the City shall, except as noted below, cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law governing abandoned vehicles. In lieu of selling said bicycle at public auction, the City may donate it to: a) a non-profit organization or entity which serves low income/disadvantaged youth or families in Johnson County, Iowa, for use by members of the population served; b) a low income/disadvantaged youth; or c) a homeless individual who has no other means of transportation. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed andapproved day of March , 2017. Approved by M OR y e46 City Attorney's Office ATTEST:. Cl CLERK! A ; , v (-/0-l�_ Ordinance No. 17-4697 Page 2 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway thatthe Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 02/21/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 03/16/2017 Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. � L_ Late Handouts Distributed Julie Voparil From: Kathryn Penick <polkathpen@gmail.com> Jz ( 0 14 Sent: Monday, March 06, 2017 3:07 PM To: Council (Date) Subject: bike program Loved the article about fixing up abandoned bikes to give to children who don't have access to one. Great idea, and wonderful that World of Bikes, Henri Harper and David Schwindt are working to make this happen. Hope the project passes. Thank you, Kathryn Penick 13, Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, FINANCES, TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS, TO ADD THE NEW HARRISON STREET PARKING STRUCTURE, AND AMEND THE MONTHLY PARKING FEE. WHEREAS, Iowa City Code section 3-4-8: Parking Violations: sets the Amount of Fee, Charge, Bond, Fine and Penalty for various Parking matters; and WHEREAS, the Harrison Street parking structure will be ready to open in April of 2017; and WHEREAS, the City needs to set the parking fees for the Harrison Street parking structure, which will be consistent with the Chauncey Swan ramp; and WHEREAS, the City has not increased the monthly parking permit fees since July 1, 2009, but needs to increase the monthly permit fees by $5.00, and the annual permits by $57.00, effective July 1, 2017, in order to keep up with increased operational costs; and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 3, FINANCES TAXATION AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES, SECTION 8, PARKING VIOLATIONS: is hereby amended as follows: 1. by adding "and Harrison Street" immediately after "Chauncey Swan" for both monthly and annual permits under the heading of "Parking Ramp Fees"; and 2. by changing the monthly all day permits with advance payment for parking ramps from $80.00 to $85.00, for surface lots from $60.00 to $65.00, and for off hours permits from $54.00 to $59.00; and 3. by changing the annual all day permits with advance payment from $912.00 to $969.00 for parking ramps, and from $684.00 to $741.00 for surface lots. SECTION It. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. The addition of the Harrison Street parking structure shall be effective immediately upon publication of this ordinance. The remainder of the ordinance amendments shall be effective on July 1, 2017. Passed and approved this day of 2017. MAYOR ATTEST: CITY CLERK Approved by Gl� City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration Vote for passage: Throgmorton, Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton [W114I/AWIrl AYES: Dickens, Mims, Taylor, Thomas, Botchway, Cole. NAYS: None. ABSENT: None. that the Z ' CITY OF IOWA CIT ^� COUNCIL ACTION REPOR. 13 March 7, 2017 Ordinance amending Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties by (1) Establishing hourly and monthly parking fees for the Harrison Street Parking Facility, (175 East Harrison Street) and (2) Increasing monthly parking fees by $5.00/month for all Parking Facilities and Off -Street Lots beginning July 1, 2017 Prepared By: Mark Rummel, Associate Director of Transportation & Resource Management Reviewed By: Chris O'Brien, Director of Transportation & Resource Management Ashley Monroe, Assistant City Manager Fiscal Impact: (1) The fee change will set the Hourly rate to $0.75 and the Monthly Permit rate to $80 for the Harrison Street Parking Facility. (2) The fee change will increase the Monthly Permit fee by $5 for all permits effective July 1, 2017, resulting in an estimated increase of $80,000 in revenues. Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: (1) The ordinance amendment would set the Harrison Street Parking Facility hourly rate of $0.75 and monthly permit rate of $80. These are equal to the current Chauncey Swan fees. (2) The ordinance amendment would increase monthly parking fees by $5 and annual fees by $57, effective July 1, 2017. This would result in surface lot fees of $65 per month, parking structure fees of $85 per month, off -hours permits of $59, annual fees for surface lots of $741, and annual fees for parking ramps of $969.The last fee increase was effective July 1, 2009. Background / Analysis: (1) The Harrison Street Parking Facility is scheduled to open in April 2017. This facility is located next to the new MidWestOne Bank Building on the 100 East block of Harrison Street. It will provide an additional 600 parking spaces for daily and monthly users south of Burlington Street. Two electric vehicle -charging stations have been installed on the ground level of the new facility. The facility will utilize automated pay stations similar to the Chauncey Swan ramp. These multi - space meters will accept bills, coins, credit cards, coupons, and validations. In addition to these conventional payment methods, starting in late spring 2017, visitors will be able to use a mobile payment option without visiting the pay station. The multi -space meters reduce enforcement, maintenance, and collection costs by having a centralized location for payments. These meters are integrated with our current enforcement devices. r 1 CITY OF IOWA CITY �. �� COUNCIL ACTION REPORT Due to the location of this facility, staff anticipates a majority of users will initially be monthly parkers, similar to the Chauncey Swan Facility. The proposed hourly rate of $0.75 and monthly permit rate of $80 are equal to the current Chauncey Swan fees and will provide long-term parking in this area. (2) To address increased operation and structural repair costs at parking facilities, the Transportation and Resource Management Department proposed an increase in monthly permit charges as part of the FYI Parking Budget. This fee change would result in a $5 increase for monthly parking fees and $57 increase in annual fees. Effective July 1, 2017, fees would include surface lot fees of $65 per month, parking structure fees of $85 per month, off -hours permits of $59, annual fees for surface lots of $741, and annual fees for parking ramps of $969. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 7, ENTITLED "CITY CEMETERY," TO ALLOW DOGS IN THE CITY CEMETERY IF THEY ARE ON A LEASH. WHEREAS, City staff has received requests for dogs to be allowed in the City Cemetery; WHEREAS, City Code section 10-7-7-A prohibits dogs and domestic animals, excluding service animals, from being in the City Cemetery except in a vehicle; and WHEREAS, it is in the best interest of the City to allow dogs and other domestic animals in the City Cemetery if they are on a leash or in a crate or kennel. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 7, entitled "City Cemetery," Section 7, entitled "Prohibited Acts and Conditions," Subsection A, entitled "Animals," is hereby amended by deleting it in its entirety and substituting the following new Subsection A: No person shall bring or permit any dog or domestic animal to enter into the City Cemetery unless such animal is on a leash or confined in either a vehicle or in a cage, kennel, crate, or carrier. Said prohibition does not apply to an animal trained to assist persons with disabilities. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or 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 12017. MAYOR ATTEST: CITY CLERK Appro by tiJ,_,, City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 03/07/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the t r ' CITY OF IOWA CIT oa-o�-�� ',^� COUNCIL ACTION REPO 14 March 7, 2017 Ordinance amending Title 10, entitled, "Public Ways and Property," Chapter 7, entitled "City Cemetery," to allow dogs in the City cemetery if the dogs are on a leash. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Juli Seydell Johnson, Director of Parks & Recreation Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance will allow dogs on leashes into the Oakland Cemetery. Background / Analysis: The Code currently prohibits dogs and other domestic pets from entering into the cemetery unless they are in a vehicle or are service animals. This ordinance will allow dogs and other domestic animals into the cemetery if they are on a leash or in a crate or kennel. The proposed change is recommended by staff due to resident requests and changes in cemetery operations.