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HomeMy WebLinkAbout2017-05-02 OrdinanceFirm DEFEATED Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-5240 (REZ15-00019) ORDINANCE NO. ORDINANCE REZONING 38.49 ACRES FROM INTERIM DEVELOPMENT MULTIFAMILY (ID -RM) ZONE AND 3.52 ACRES FROM RURAL RESIDENTIAL (RR -1) TO MEDIUM DENSITY MULTIFAMILY (RM -20) ZONE LOCATED SOUTH OF LEHMAN AVENUE, EAST OF SOCCER PARK ROAD. (REZ15-00019) WHEREAS, the applicant, Saddlebrook Meadows Development, has requested a rezoning of properly located south of Lehman Avenue, east of Soccer Park Road, from Interim Development — Multifamily Residential (ID -RM) and Rural Residential (RR -1) zone, to Medium Density Multifamily (RM -20) zone; and WHEREAS, the Comprehensive Plan, including the South District Plan, depicts the majority of this property as being appropriate for low to medium density single-family development with low to medium mixed density, including smaller lot single-family, duplex, zero -lot line and townhouse development, adjacent to Lehman Avenue; and WHEREAS, the Planning and Zoning Commission has found the rezoning request to be inconsistent with the Comprehensive Plan due to the proposed large acreage of multifamily development in an area lacking in infrastructure; and WHEREAS, the Planning and Zoning Commission has recommended denial of the requested rezoning; and WHEREAS, the applicant has requested that the rezoning be considered by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation to RM -20: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Southeast Corner of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S88023'54"W, along the South Line of the Southeast Quarter of the Southeast Quarter of said Section 26, a distance of 765.64 feet; Thence N24°36'43"E, 220.66 feet, to the Southwest Corner of Parcel 10G, in accordance with the Plat thereof Recorded in Book 2771, at Page 223 of the Records of the Johnson County Recorder's Office; Thence Northeasterly, 684.72 feet along a 1400.00 foot radius curve, concave Northwesterly, whose 677.91 foot chord bears N80047'12"E. to a Point on the East Line of the Southeast Quarter of the Southeast Quarter of said Section 26; Thence S00°51'02"E, along said East Line, 287.78 feet, to the Point of Beginning. Said Rezoning Parcel contains 3.52 Acres (153,410 square feet), and is subject to easements and restrictions of record. M9 A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Ordinance No. Page 2 Beginning at the Southwest Corner of Auditor's Parcel 2003 131, in accordance with the Plat thereof Recorded in Plat Book 46 at Page 244 of the Records of the Johnson County Recorder's Office; Thence N00056'37"W, along the West Line of said Auditor's Parcel 2003 131, and the West Line of Auditor's Parcel 2003 129, in accordance with the Plat thereof Recorded in Plat Book 46 at Page 245 of the Records of the Johnson County Recorder's Office, 2054.62 feet, to the Northwest Corner of said Auditor's Parcel 2003 129; Thence Southeasterly, 656.11 feet along the North Line of said Auditor's Parcel 2003 129 on a 1275.00 foot radius curve, concave Northeasterly, whose 648.89 foot chord bears S83045'05"E, to the Northeast Corner thereof; Thence Southeasterly, 739.14 feet along the East Line of said Auditor's Parcel 2003 129 on a 1943.27 foot radius curve, concave Northeasterly, whose 734.69 foot chord bears S33°19'34"E, to the Southeast Corner thereof and the Northeast Corner of Auditor's Parcel 2003 131; Thence S21033'37E, along the East Line of said Auditor's Parcel 2003 131, a distance of 110.05 feet, to the Southwest Corner of Parcel 8C, in accordance with the Plat thereof Recorded in Book 2771 at Page 248 of the Records of the Johnson County Recorder's Office; Thence N87°33'36"E, along the South Line of said Parcel 8C, 69.62 feet, to the Southeast Corner thereof, and the Northwest Corner of Parcel 10G, in accordance with the Plat thereof Recorded in Book 2771, at Page 223 of the Records of the Johnson County Recorder's Office; Thence S24036'43"W, along the West Line of said Parcel 10G, and the Southwesterly Projection thereof, 1380.50 feet, to its intersection with the South Line of the Southeast Quarter of the Southeast Quarter of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S88023'54"W, along said South Line and the South Line of said Auditor's Parcel 2003 131, a distance of 550.12 feet, to the Point of Beginning. Said Rezoning Parcel contains 38.49 Acres (1,676,721 square feet), and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 . MAYOR Approved by: p ATTEST: 4Ci CITY CLERK Attorney's Office # 2q/,� 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 05/02/2017 Voteforpassage: AYES: None. NAYS: Cole, Mims, Taylor, Thomas, Throgmorton, Botchway. ABSENT: Dickens Second Consideration _ Vote for passage: Date published that the Prepared by: Bob Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ16-00008) ORDINANCE NO. AN ORDINANCE REZONING 12.28 ACRES OF PROPERTY FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5) AND LOW DENSITY MULTIFAMILY RESIDENTIAL (RM -12) TO PLANNED DEVELOPMENT OVERLAY/LOW DENSITY SINGLE FAMILY RESIDENTIAL (OPD -5) ZONE AND PLANNED DEVELOPMENT OVERLAY/LOW DENSITY MULTIFAMILY RESIDENTIAL (OPD/RM-12) ZONE AND APPROVING A PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLAN FOR THE LARSON SUBDIVISION, A 2 -LOT, RESIDENTIAL SUBDIVISION LOCATED NORTH OF SCOTT BOULEVARD BETWEEN HICKORY HEIGHTS LANE AND FIRST AVENUE. (REZ16-00008/SUB16-00012) WHEREAS, the applicant, Kevin Hanick, has requested a rezoning of 12.28 acres of property located north of Scott Boulevard between Hickory Heights Lane and First Avenue from Low Density Single Family Residential (RS -5) (2 acres) and Low Density Multi -Family Residential (RM -12) (10.28 acres) to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) and Planned Development Overlay/Low Multifamily (OPD/RM-12) zone; and WHEREAS, the property contains regulated slopes and woodlands; and WHEREAS, the Sensitive Areas Development Plan will allow one single family lot and two multifamily buildings to be clustered on a portion of the property, while reserving a portion of the land for preservation of regulated slopes and woodlands; and WHEREAS, the applicant has requested a reduction of a protected slope buffer to allow the installation of stormwater management facilities; and WHEREAS, stormwater detention facilities are permitted within buffer areas if they are designed and constructed to minimize their impact upon the protected sensitive areas and designed to include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling, and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning, Sensitive Areas Development Plan, and requested protected slope buffer reduction and determined that they comply with the Comprehensive Plan; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby classed OPD/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 APPROVAL. The property described below is hereby classified OPD -5: 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 Northeast Quarter of the Southeast Ordinance No. Page 2 Quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa. Total area: 2.00 acres more or less. SECTION III. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION 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 to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners expense, all 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 MAYOR 20 Approved by: ATTEST: �cH CITY CLERK City Attorney's Office 11 2-& /i� 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 05/02/2017 Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published that the ?c Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING, ARTICLE 2G, RIVERFRONT CROSSINGS AND EASTSIDE MIXED USE DISTRICTS FORM -BASED DEVELOPMENT STANDARDS, TO ADD ZONING STANDARDS FOR THE ORCHARD SUBDISTRICT WHEREAS, in 2016, The City Council amended the City's Comprehensive Plan to expand the boundaries of the Riverfront Crossings District to include properties north of Benton Street that front on Orchard Street and Orchard Court and along an unused east -west remnant of City right- of-way that extends west from the intersection of Orchard Street and Orchard Court and named this new area the Orchard Subdistrict; and WHEREAS, the Orchard Subdistrict was established to encourage redevelopment that would provide a better transition from the low -scale single family neighborhood to the west and the higher intensity mixed-use development along Riverside Drive in the West Riverfront Subdistrict of Riverfront Crossings; and WHEREAS, in order to facilitate redevelopment in the Orchard District consistent with the master plan objectives and desired development character set forth in the Riverfront Crossings Master Plan, new zoning standards for the Orchard subdistrict will need to be incorporated into the Riverfront Crossings form -based code; and WHEREAS, the zoning standards will ensure that buildings are complementary in mass and scale to the adjacent single family neighborhood by limiting the building height to three stories with upper floor stepbacks along street frontages and along the single family zone boundary, and will establish a 30 -foot setback between development in the Orchard Subdistrict and the adjacent single family zone, which in addition to the natural drainageway located along the west boundary of the subdistrict, will provide a green buffer between the single family neighborhood and higher density residential development in the Orchard Subdistrict; and WHEREAS, the regulating plan, building height diagram, and accompanying zoning standards will ensure that future redevelopment is pedestrian -oriented with buildings opening onto tree -lined streets and parking located behind buildings and screened from public view; and WHEREAS, furthermore, it is in the best interests of the public to clarify and refine certain provisions of the Riverfront Crossings form -based zoning code that have been difficult to administer, confusing, or have been falling short of achieving the objectives of the Riverfront Crossings Master Plan, namely certain setbacks for building/structured parking and for buildings, and certain permitted frontage types; and WHEREAS, the Planning and Zoning Commission has recommended approval of the aforementioned zoning code amendments. 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 subsection 14-2G-1 B, Subdistrict (in Riverfront Crossings), by adding the following: h. Orchard Subdistrict (RFC -O) B. Amend Figure 2G-1: Regulating Plan for the Riverfront Crossings District to include the Orchard Subdistrict, as shown on the Regulating Plan attached hereto. Ordinance No. Page 2 C. Amend Figure 2G-2: Building Height Diagram for the Riverfront. Crossings District to include the Orchard Subdistrict, as shown on the Building Height Diagram attached hereto. D. Delete subparagraphs 14-2G-3A-4b(1)(B), 14-2G-3C-4b(1)(C), and 14-2G-3D-4b(1)(D), which regulate setbacks for building/structured parking along primary streets, pedestrian streets, and Ralston Creek, and substitute in lieu thereof this paragraph numbered accordingly: "Building/Structured Parking: 30' min. from the primary street building fagade and located behind fully -enclosed, occupied building space, except the setback may be reduced to 20' for buildings with ground -level residential uses." E. Amend those certain provisions of subsection 14 -2G -3B set forth below as follows: 1. Section 1 "INTENT": Delete the Figures 2G-6 and 2G -6B, and any reference to them and add the following language thereto. The Orchard Subdistrict is intended for lower intensity residential development in buildings with street -facing entries opening onto pedestrian -friendly streetscapes that provide a transition between higher intensity mixed-use areas along Riverside Drive and low -scale residential neighborhoods to the west. Buildings are designed with facades aligned along primary streets and parking located within buildings behind active uses and in mid -block parking lots and structures. 2. Section 2 "USES". Add Orchard Subdistrict to the list of districts in which this section applies and: a. add the following as (a), and renumber the subsequent paragraphs accordingly: "In the Orchard Subdistrict, commercial and industrial uses are not allowed, except in live - work townhouses, which may contain commercial uses allowed in the CB -5 Zone, provided the building is constructed to accommodate such uses and provided the use is not prohibited in the list below. Quick Vehicle Service Uses are not allowed." b. amend paragraph (c) to add "Orchard Subdistrict" to the last sentence, which states that the number of 3 -bedroom units for these building types may not exceed 20%. c. amend paragraph (g) to add "Orchard Subdistrict". d. amend paragraph (h) to add "Orchard Subdistrict". 3. Section 3 "PRINCIPAL BUILDING PLACEMENT AND FORM", a. amend a. (1) to add "Orchard Subdistrict and the Eastside Mixed Use District" to the list of applicable districts b. amend Table 2G-2 to add "Orchard and Eastside Mixed Use" to the title and to add the following line and footnote thereto: Ordinance No. Page 3 Permitted Building i Types T - Cn c i ° N m t7) S 5 t O C c Districts! `o m c v ° d 9 m E c =° rn t E O ?� E v m ° c m t c f 3 10 _ w E v y o v o o 0 CL o > x c >' U fY Q I - I U J U m Orchard x x x x x I} I{ 1{ x z (I x Notes: 2. Only allowed in locations with frontage on Orchard Street c. amend b(1)(a) to state that the primary and secondary street setbacks shall be 6' minimum and 12' maximum in the Orchard Subdistrict. d. amend b(1)(f) by deleting the current language and replace with the following: "In the Central Crossings Subdistrict and Eastside Mixed Use District, the maximum setback does not apply above the 2nd floor. In the Orchard District, the maximum setback does not apply above the 2nd floor and is increased to a max. of 25' above the 1 st floor." e. amend b(1) by adding a new paragraph: (h) "In the Orchard District, 30' min. from RS -8 Zone boundary." f. delete c(2) and replace with the following: "Eastside Mixed Use and Orchard: Principal buildings shall be 3 stories max. in height above grade." g. amend c(3) to add "In the Central Crossings Subdistrict" to the beginning of the sentence. h. amend c, by adding a new paragraph (4) "In the Orchard Subdistrict, above the 2nd floor, building facades facing streets and RS -8 zone boundaries shall step back 10' min., 25' max. from the lower floor facade. At street corners, tower elements or similar corner emphasis treatments may be exempt from the stepback requirement for up to one fagade bay (max. 35 feet) as approved by the FBC Committee. Alternatively, if approved by the FBC, the required fagade stepback may be established above the 1st floor or may be tiered with the 10' min stepback achieved with smaller stepbacks above both the 1st and 2nd stories." i. amend f(1) to add "Orchard Subdistrict" thereto and amend the last sentence so that the provision in the last sentence is applicable only to the Central Crossings Subdistrict. 4. Section 4, "PARKING, LOADING, AND SERVICE AREAS" a. delete b(1)(b) and replace with the following: "Building/Structured Parking: 30' min. from the primary street building fagade and located behind fully -enclosed, occupied building space, except the setback may be reduced to 20' for buildings with ground - level residential uses." b. amend b(2)(b) by deleting "10' min and setback". Ordinance No. Page 4 F. Amend those certain lines of Table 213-5 "Permitted Frontage Types', located in Section 14 -2G - 4(A) as follows and add the following footnote: Building Types Apartment Building Multi -Dwelling Building Permitted Frontage Types X(3) X(3) x X(1) X(3) X(3) x x(1) Mixed -Use Building x x X(2)(3) X(2x3) X(2) x(1) Liner Building x x X(3) X(3) Note: 3. Allowed for access to individual dwelling units or live -work units. G. Amend Table 2G-6: "Permitted Building Types', located in Section 14-2G-5 by adding a column for the Orchard Subdistrict as follows and add the following footnote: Form -Based Zoning District Permitted Building Types Orchard Cottage Home x Rowhouse x Townhouse x Apartment Building x Multi -Dwelling Building x Live -Work Townhouse x(2) Commercial Building Mixed -Use Building Liner Building x Civic or Institutional Building Notes: 2. Only allowed on properties with frontage on Orchard Street. H. Amend paragraph 14 -2G -7G -1d.(5), to add Orchard Subdistrict thereto. I. Amend Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings District & Eastside Mixed Use District, located in 14-5A-4 to regulate the Orchard Subdistrict in the same c d c C Q LL m A G v o r o 0 u v m OJ2 r m w O m O O rn 7 H (% LL } O, LL X(3) X(3) x X(1) X(3) X(3) x x(1) Mixed -Use Building x x X(2)(3) X(2x3) X(2) x(1) Liner Building x x X(3) X(3) Note: 3. Allowed for access to individual dwelling units or live -work units. G. Amend Table 2G-6: "Permitted Building Types', located in Section 14-2G-5 by adding a column for the Orchard Subdistrict as follows and add the following footnote: Form -Based Zoning District Permitted Building Types Orchard Cottage Home x Rowhouse x Townhouse x Apartment Building x Multi -Dwelling Building x Live -Work Townhouse x(2) Commercial Building Mixed -Use Building Liner Building x Civic or Institutional Building Notes: 2. Only allowed on properties with frontage on Orchard Street. H. Amend paragraph 14 -2G -7G -1d.(5), to add Orchard Subdistrict thereto. I. Amend Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings District & Eastside Mixed Use District, located in 14-5A-4 to regulate the Orchard Subdistrict in the same Ordinance No. Page 5 manner as the Park, South Gilbert, Central Crossings, Gilbert, West Riverfront, Eastside Mixed Use subdistricts. SECTION H. 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2017. MAYOR Approved by: //'✓ G�a' a ✓-fuuwwsai,4��-w City Attomey's Office ATTEST: CITY CLERK 2 Riverfront Crossings Height Diagram i, 4 � v a N Prentiss St. y( Legend _ 3 stories max. _ 4 stories max. _ 2 stories min., 6 stories max. _ 2 stories min., 8 stories max. - 8 stories max. with Iowa River frontage Public Parks and Open Space Green Space Downtown •` I 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 05/02/2017 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published that the 7d Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00003) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY .705 ACRES OF PROPERTY LOCATED AT 619 AND 627 ORCHARD COURT FROM PLANNED DEVELOPMENT OVERLAY — LOW DENSITY SINGLE FAMILY (OPD -5) ZONE TO RIVERFRONT CROSSINGS - ORCHARD (RFC -O) ZONE (REZ17-00003) WHEREAS, the applicant, M & W Properties, has requested a rezoning of property locally known as 619 and 627 Orchard Court from Planned Development Overlay Low Density Single Family (OPD -5) zone to Riverfront Crossings — Orchard (RFC -O) zone; and WHEREAS, the subject properties are located in the Orchard Subdistrict of Riverfront Crossings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, indicates that the Orchard Subdistrict should create a transition from the larger scale mixed use and commercial buildings along Riverside Drive to the lower scale single family neighborhood to the west and encourage redevelopment that will create a better pedestrian environment along streets, and improve the quality of housing in the area to serve the needs of the community; and WHEREAS, the form -based zoning standards that apply in the Orchard Subdistrict encourage development that is of a scale and design to provide the desired transition described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings; and WHEREAS, the existing Orchard Court has a substandard right-of-way width that does not provide adequate space for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form -based zoning code; 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 Orchard Court. and, therefore, additional public right-of-way to widen pedestrian areas along Orchard Court and the provision of affordable housing will be needed; and WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -O, the owner must enter into an agreement with the City establishing how the owner will provide affordable housing when the property is redeveloped; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the dedication of land along the Orchard Court frontage to widen the pedestrian area within the right- of-way to a minimum of 15 feet in width; 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 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 -Low Density Single Family (OPD -5) zone to Riverfront Crossings -Orchard (RFC -O) zone: LOTS 1, 2, AND 3 IN ORCHARD COURT SUBDIVISION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGE 29. PLAT RECORDS OF JOHNSON COUNTY, IOWA, ACCORDING TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. Page 2 SECTION It. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of 2017. MAYOR ATTEST: CITY CLERK Approved ��b(y City Attorneys Office 2 7 Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and M&W Properties, L.L.C., (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.705 acres of property locally known as 619 and 627 Orchard Court in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Planned Development — Low Density Single Family (OPD -5) to Riverfront Crossings — Orchard (RFC -0); and WHEREAS, Iowa Code §414.5 (2017) 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 allowed with the RFC -O zoning will result in the need for an improved "public realm," including improved streets with safer and more attractive areas for people to walk and bike; 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 Orchard Court and, therefore, additional public right-of-way to widen pedestrian areas along Orchard Court will be needed; 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 and improved streets that will encourage walking and biking; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure 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 WHEREAS, the rezoning to RFC -O will allow residential development 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: 1. Owners are the collective the legal title holders of the property legally described as follows: 1 of 4 LOTS 1, 2, AND 3 IN ORCHARD COURT SUBDIVISION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGE 29. PLAT RECORDS OF JOHNSON COUNTY, IOWA, ACCORDING TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Orchard 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 (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, 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 building permit, land shall be dedicated to the City along Orchard Court to improve conditions along the street necessary for the increase in pedestrians and bicyclists anticipated with the rezoning according to the goals and objectives of the Riverfront Crossings Master Plan. The ROW dedication shall result in a minimum 15 foot wide pedestrian area between the new front property line and the street curb along the Orchard Court frontage. Upon redevelopment, Owners shall improve said pedestrian area with a minimum 5 foot wide sidewalk located generally along the front property line and a minimum 10 foot landscaped parkway planted with street trees located between the sidewalk and the street curb according to the form -based zoning standards; b. 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/or 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 (2017), 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 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 2 of 4 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 CITY OF IOWA CITY James Throgmorton, Mayor Attest: Julie Voparil, Deputy City Clerk Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2017. OWN S ByTR$W Properties, LLC This instrument was acknowledged before me on 2017 by James 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) My commission expires: 3of4 M&W PROPERTIES, LLC ACKNOWLEDGMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument w`as, acknowledged before me on 2017 by V� W ✓C (Name(s) of individual(s) as IV\ Le V -- (type of authority, such as officer or trustee) of M&W Properties LLC. KATHLEEN M THORNTON "-.e a"�a Commission Number 764003 Notary Public in and for the State of Iowa ommission E fres (Stamp or Seal) Title (and Rank) My commission expires: 4of4 Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00002) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and M&W Properties, L.L.C., (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.705 acres of property locally known as 619 and 627 Orchard Courtin to a City; and WHEREAS, the Owners have requested the rez ring of the subject properties from Planned Development — Low Density Single Family (OP -5) to Riverfront Crossings — Orchard (RFC -0); and i WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditionson grant ng an applicant's rezoning request, over and above existing regulations, in order to satisfy pu • lic needs caused b the requested change; and WHEREAS, the increased ensity of residen •al living allowed with the RFC -0 zoning will result in the need for an improved Vublic realm," in luding improved streets with safer and more attractive areas for people to walk an bike; and WHEREAS, the requested re oning will r ult in a significant increase in the residential population in the area, which will increase the pe estrian and bicycle traffic along Orchard Court and, therefore, additional public right-oNVtay to iden pedestrian areas along Orchard Court will be needed; and WHEREAS, certain conditions an restrictions are reasonable to ensure the development of the property is consistent wi the Comprehensive Plan, including the need for a safe, attractive, and comfortable environ hilt for residential living and improved streets that will encourage walking and biking; and WHEREAS, the Planning and Zoni g Commission has determined that, with appropriate conditions to ensure improved pedestr' n and bicycle safety and comfort and to provide for safe traffic circulation upon redevelo ment, the %requested zoning is consistent with the Comprehensive Plan; and, \ WHEREAS, the high perce age of housing 'esost-burdened households is the most common housing problem within the ity of Iowa City, and`gne of the primary areas where people face housing affordability challenge is near the University carpus and the City's urban core; and, WHEREAS, the Riverfront rossings District is well -situated to support a mix of housing due to its close proximity to dow town Iowa City and the University of Iowa campus, its existing and planned mix of uses, conve ent access to public transit and municipal parking facilities; and WHEREAS, the Riverf nt Crossings Form Based Code`;s intended to encourage a walkable, pedestrian -friendly ea where residents can work, live and\play, and will increase the need for housing that is affor ble to the workforce; and WHEREAS, the rez ning to RFC -O will allow residential develcpment at a density not previously permitted; and, WHEREAS, the Ri erfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zo ng designation, the property owner must enter into an agreement with the city to establish w ch 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: 1. Owners are the collective the legal title holders of the property legally described as follows: 1 of 4 LOTS 1, 2, AND 3 IN ORCHARD COURT SUBDIVISION, IOWA CITY, IOWA ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 16, PAGE 29. PLAT RECORDS OF JOHNSON COUNTY, IOWA, ACCORDING TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the Orchard 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 (2017) prvides that the City of Iowa City may impose reasonable conditions on granting a rezon ng request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. In consideration of the City'rezoning the subject Voperty, Owners agree that development of the subject p operty will conform to al requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of any b ilding permit, land sh be dedicated to the City along Orchard Court to improve o I it. ns along the treet necessary for the increase in pedestrians and bicyclist anticipated with th rezoning according to the goals and objectives of the Rive nt Crossings ster Plan. The ROW dedication shall result in a minimum 15 oot wide pede trian area The the new front property line and the street urb along t e Orchard Court frontage. Upon redevelopment, Owners shall i rove said pedestrian area with a minimum 5 foot wide sidewalk located genera y along a front property line and a minimum 10 foot landscaped parkway pla ted w' h street trees located between the sidewalk and the street curb accordi to a form -based zoning standards; b. Owner shall satisfy the affordable hou ' g obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 ough the provision of on-site owner - occupied dwelling units, on-site rental fling units, and/or the payment of a fee in lieu of the remaining dwelling units of ovided on-site or as otherwise agreed to between Owner and the City in affor ble housing agreement entered into prior to issuance of a building pe for dev opment of any portion of the above- described property. 4. The conditions contained herein are refisonable conditi ns to impose on the land under Iowa Code §414.5 (2017), and that 7' id conditions satis public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, red6,veloped, or subdivided, all development will conform with th terms of this Conditional Zing Agreement. 6. This Conditional Zoning Agree ent shall be deemed to be a covenant running with the land and with title to the land, nd shall remain in full force and effect as a covenant with title to the land, unless or un 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 2of4 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 CITY OF IOWA CITY 2017. OWNERS James Throgmorton, Mayor By: M&W roperties, LLC Attest: Julie Voparil, Deputy City Clerk Ap oved by: II'' ,,''• City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEI STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was before me on Throgmorton and Julie Vopa,dl as Mayor and Deputy City Clerk, City. 2017 by James , of the City of Iowa Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 3 of 4 PROPERTIES, LLC ACKNOWLEDGMENT: STATE ss: JOHNSON This instrument was (type of authority, such as officer or before me on 2017 by i me(s) of individuals) as of M&W Properties LLC. trus) Notary P\expires: State (Stamp o Title (and My com 4 of 4 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 05/02/2017 Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Bbtchway, Cole, Mims. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published that the re - Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-5240 (REZ17-00004) ORDINANCE NO. ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,550 SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE LOCATED AT 202 NORTH LINN STREET (REZ17-00004) WHEREAS, the applicant, William Nusser, has requested a rezoning of property located at 202 North Linn Street from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone; and WHEREAS, both zones require commercial uses on the ground floor with the option for residential uses on upper floors; and WHEREAS, the existing development on the property includes a non -conforming surface parking area and a building that lacks the fagade elements required in the zone and district; and WHEREAS, the lower minimum parking standards and additional residential density and minimum Floor Area Ratio in the CB -5 zone greatly enhance the redevelopment potential of this small corner property, and WHEREAS, upon redevelopment, the property will be brought into conformity with parking and building design requirements and enhance the pedestrian character and safety of the corner; and WHEREAS, all the other corner properties at the intersection of Market and Linn are already zoned CB - 5; and WHEREAS, the Comprehensive Plan (Central District Plan) emphasizes the "distinct identity and scale" of the Northside Marketplace as different from the Downtown, and encourages development that preserves the existing scale, economic vitality, and mainstreet historic commercial character of the Northside Marketplace; and WHEREAS, the minimum parking requirements and Floor Area Ratio (FAR) for the CB -5 zone effectively control the potential scale of the building; 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 the need for design review, and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of Central Business Service (CB -2) zone to Central Business Support (CB -5) zone: THE SOUTH 65.75 FEET OF LOT FIVE (5), BLOCK FIFTY EIGHT (58), ORIGINAL TOWN PLAT OF IOWA CITY, IOWA, SUBJECT TO RIGHT OF WAY OVER THE EAST TEN (10) FEET THEREOF, BY THE OWNERS OF LOT 5. Ordinance No. Page 2 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, fallowing passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20. MAYOR ATTEST: CITY CLERK App oved by City Attorneys Office Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-0004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Central State Bank (hereinafter "Owner"), and William Nusser (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 4,550 square feet of property located at 202 South Linn and WHEREAS, the applicant, William Nusser, has requested a rezoning of property located at 202 North Linn Street from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to encourage development that complements the existing scale and distinct identity of the Northside Marketplace as different from the Downtown and to preserve the existing scale, economic vitality, and mainstreet historic commercial character of the Northside Marketplace; 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. Central State Bank is the legal title holder of the property legally described as: THE SOUTH 65.75 FEET OF LOT FIVE (5), BLOCK FIFTY EIGHT (58), ORIGINAL TOWN PLAT OF IOWA CITY, IOWA, SUBJECT TO RIGHT OF WAY OVER THE EAST TEN (10) FEET THEREOF, BY THE OWNERS OF LOT 5. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadMagVconditlonal zoning agreement rev.doc a. Building design is subject to the City's Design Review Process and approval by the City's Design Review Committee. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2015), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner, Applicant, 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. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 20_ CITY OF IOWA CITY James A. Throgmorton, Mayor Attest: Julie Voparil, Deputy City Clerk Approved b . City Attorney's Office ppdadadagVconditlonel zWng agreement rev.doc Central StateBa By: ry(�✓ Title: William Nusser CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by James A. Throgmorton and Julie Voparil, Deputy City Clerk as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Central State Bank ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Wpr;\ 'DFs , 20__L? by as Ct^ �� tbV, O�E+cky, of Central State F.rM1 tary Pub in and for said Couintyland State (Stamp or Seal) Title (and Rank) William Nusser ACKNOWLEDGMENT: STATE OF IOWA )ss: JOHNSON COUNTY ) On this`d day of 2017, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared William Nusser, a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. to Pubiic in and for the State of Iowa Z 3 . pptlatlMagVwntliU=Ea zoNng agreement rev.tlon 3 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 05/02/2017 Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS: None. ABSENT: Dickens. Second Consideration _ Vote for passage: Date published Prepared by: John Yapp, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-3565252 ORDINANCE NO. 17-4703 AN ORDINANCE AMENDING TITLE 14: CHAPTER 5, SITE DEVELOPMENT STANDARDS, ARTICLE A: OFF STREET PARKING AND LOADING, TO ELIMINATE THE PARKING REQUIREMENT FOR PROPERTIES IN THE DOWNTOWN PLANNING DISTRICT, ZONED CB -5 AND, IN PART, HISTORIC DISTRICT OVERLAY, AND TO INCREASE THE REQUIRED BICYCLE PARKING AND TO INCLUDE A REFERENCE TO THE CB -5 FORM BASED CODE EXEMPTION WHICH ALLOWS MODIFICATION OF PARKING PLACEMENT STANDARDS WHEREAS, the proposed ordinance affects properties in the Downtown Planning District, are zoned CB -5, and contains, in part, property that is zoned Historic District Overlay; and WHEREAS, the adopted Downtown and Riverfront Crossings Master Plan states that Downtown Iowa City contains a number of buildings of historic value, and that the City should take measures to preserve and actively protect these buildings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan further states that in order to facilitate preservation of historic structures, density bonuses, waiver of parking requirements and other entitlements will be considered; and WHEREAS, the CB -5 zone in the Downtown Planning District is distinct in that the height and scale of buildings and subsequent parking demand is limited compared to CB -10 -zoned properties; and WHEREAS, the parking design standards for CB zones require that structured parking is not permitted on the ground floor of a building for the first 30 feet of lot depth; and WHEREAS, including a reference in the parking design standards section of the zoning code to the CB -5 Form Based Code exemption, through which structured parking design standards may be modified, is in the best interests of the public and site designers for clarity. WHEREAS, the Planning and Zoning Commission has recommended approval of the aforementioned zoning code amendments. 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 14 -5A -4B(2), MINIMUM PARKING REQUIREMENTS for the CB -10 and CB -5 Zones, and replace it with the following: 2. For properties located within the Downtown Planning District, zoned CB -5 and, in part, Historic District Overlay, the bicycle parking requirement shall be 1.25 spaces per dwelling unit. For such properties, there shall be no vehicular parking requirement. Except for the preceding, Table 5A-1 of this section lists the minimum parking requirements and minimum bicycle parking requirements for all other properties within the CB -5 and CB -10 zones, where parking is only required for household living uses. B. Delete the title of Table 5A-1 and replace it with the following: Minimum Parking Requirements in the CB -5 And CB -10 Zones, except as otherwise set forth in 14 -5A -4B(2) above. Ordinance No. 17-4703 Page 2 C. Delete 14-5A-5F(1)(a) and replace it with the following: In the CN -1, CB -2, CB -5, and MU zones, structured parking is not permitted on the ground level floor of the building for the first thirty feet (30') of lot depth as measured from the minimum setback line, except as allowed by section 14-4B-4A(7f) 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 2nd day of Mav 2017. ATTEST: M OR CI LERK Approved b'' Iy: /, �)Gfni,J X69'7 UVGr/ 1JVAZaYI City Attorney's Office Ordinance No. 17-4703 Page 3 It was moved by Mims and seconded by Thomas that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS x x x x x x ABSENT: x ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 04/18/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 05/11/2017 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted cn for passage at two Cohncil meetings prior to the meetingat which it is to be finally passed be suspended, the sec and consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Throgmorton, Botchway, Cole, Mims, Taylor, Thomas. NAYS: None. ABSENT: Dickens. I "j Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 5 OPEN CONTAINERS, TO ALLOW OPEN CONTAINERS TO BE CARRIED FROM ONE LICENSED PREMISES DIRECTLY INTO ANOTHER. WHEREAS, under the current ordinance, it is unlawful for a licensee to permit any person to carry an open container out of their licensed premises; and WHEREAS, the intent of the ordinance is to ensure that licensees do their part in preventing open container violations wherein patrons carry alcoholic beverages purchased from licensee out into public, non -licensed premises; and WHEREAS, carrying an open container from one licensed premises directly into another licensed premises would not create a circumstance of open containers in public, non -licensed premises, and thus does not create any of the problems the open container ordinance was designed to prevent; and WHEREAS, nothing herein would force a licensee to allow a patron to bring an open container onto their licensed premises, as the licensee would retain control of their licensed premises; and WHEREAS, this amendment would provide greater flexibility to licensees, and allow for broader community events; WHEREAS, it is in the best interests of the City to approve this ordinance amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 5 OPEN CONTAINERS, is hereby amended by deleting subsection A in its entirety, and substituting the following language: A. Open Containers Prohibited Outside Licensed Premises: It shall be unlawful for any person or for any licensee or permittee under this title and/or agents or employees of a licensee or permittee to permit any person to carry from a licensed premises any open container of alcoholic beverages, including, but not limited to, bottles, cans, glasses, mugs and cups, except when such carryout is related to and necessary for custodial, maintenance and other bona fide employment purposes, unless the person is carrying the open container from one licensed premises directly into another licensed premises. 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 effective upon publication. Passed and approved this day of 2017. MAYOR ATTEST: CITY CLERK App ed by [t City Attorneys Office7 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 04/18/2017 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Second Consideration 05/02/2017 Vote for passage: AYES: Throgmorton, Botchway, Cole, Mims, Taylor, Thomas. NAYS: None. ABSENT: Dickens. Date published that the 1 r i �u Vat CITY OF IOWA CIT COUNCIL ACTION REPO 13 April 18, 2017 Ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Open Containers, to allow open containers to be carried from one licensed premises directly into another Prepared By: Eric Goers, Asst. City Attorney Reviewed By: Eleanor Dilkes, City Attorney Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance amendment will allow open containers to be carried from restaurants and bars directly into street events like the Downtown Block Party that will have obtained a license for the area included within the party. Background / Analysis: Under the current ordinance, licensees may not permit their patrons to leave their licensed premises with an open container of alcohol. This ordinance amendment would allow patrons to leave a licensed premises with an open container if they do so directly into another licensed premises. This would allow for events such as the planned Downtown Block Party, in which the street and sidewalk would be included in the licensed premises of that community event. In the absence of such an event the street and sidewalk is not a licensed premises, and therefore, the patrons would still not be allowed to take an open container out of one bar/restaurant and into another bar/restaurant if there is non -licensed space in between. Julie Voparil From: Carol deProsse <lonetreefox@mac.com> Sent: Sunday, April 23, 2017 8:18 PM To: Council Subject: Alcohol exemption I am opposed to the Downtown Association's desire to have an exemption to the City's alcohol laws that prohibit open carry. For a long period of time the City in conjunction with the University preached a message of controlling consumption of alcohol and implemented policies to reduce such among those who utilized downtown drinking establishments. Now, apparently in an effort to boost business activity in the downtown, something I don't necessarily oppose, the City is working to see if it can craft a legally acceptable one night exemption to open carry. The hypocrisy drips. On one night I can open carry, but the night before or the night after, I can't do the same. My suggestion: have mom and dad drink in the bar and leave without alcohol in their hands to set an example for their children. Thank you, Carol deProsse 20 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 ORDINANCE NO. 17-4704 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY -UNIVERSITY PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE FOURTEENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE CITY -UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 16-230 passed and approved on July 19, 2016 adopted Amendment #14 to the City - University Project 1 Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the City -University Project 1 Urban Renewal Area, (the "Urban Renewal Area"), which added the area legally described as follows: Beginning at a point on the north R.O.W. line of Iowa Ave where it intersects with the east R.O.W line of Gilbert Street; Thence east along said Iowa Avenue north R.O.W. line to a point where it intersects with the east R.O.W. line of Van Buren Street; Thence south along said Van Buren Street east R.O.W. line south to a point where it intersects with the south R.O.W. line of Washington Street; Thence west along said Washington Street south R.O.W. line west to a point where it intersects with the east R.O.W. line of S. Gilbert Street; Thence north along the east R.O.W. line of Gilbert Street north to the point of beginning, also described as Block 44, Original Town, Iowa City, Iowa, according to the plat thereof, and the entirety of all right-of-way adjacent thereto not already located within the Urban Renewal Area, as amended; and WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area added pursuant to the 14th Amendment, as above described and hereafter referred to as "2016 Amended Area", in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the 2016 Amended Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the 2016 Amended Area, as shown on the assessment roll as of January 1, 2016, pursuant to Iowa Code Section 403.19(1)(b), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area, as amended, pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area, as amended, without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2016 Amended Area exceeds the total assessed value of the taxable property in the 2016 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2016 Amended Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2016 Amended Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2016 Amended Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2016 Amended Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 2nd day of Mav 20 17 MKYOR ATTEST: CLERK ?70D- City Attorney's Office Ordinance No. 17-4704 Page 4 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x First Consideration Vote for passage: Botchway, Cole Second Consideration _ Vote for passage: ABSENT: ABSTAIN: x 04/18/2017 Botchway Cole Dickens Mims Taylor Thomas Throgmorton AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, . NAYS: None. ABSENT: None. Date published 05/11/2017 Moved by Mims, seconded by Botchway, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which itis 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: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS: None. ABSENT: Dickens. 1r CITY OF IOWA CIT �� COUNCIL ACTION REPOR April 18, 2017 Ordinance Enabling the Use of Tax Increment Financing Revenue in the Area Included in Amendment Fourteen to the City - University 1 Urbart Renewal Area (City Hall Property). Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: TIF Ordinance Executive Summary: The adoption of a TIF ordinance allows the City to use the increase in property taxes resulting from property improvement to assist in urban renewal projects when those projects include a public benefit. Public benefits may include historic preservation, the provision of low- and moderate -income housing, streetscape improvements, partnerships with the private sector in redevelopment projects, etc. In partnerships with the private sector, any proposed project will be presented to City Council in the form of a development agreement for private redevelopment to be considered on its own merits. This TIF ordinance would facilitate the redevelopment project under consideration for the City Hall north parking lot. Background / Analysis: The City -University Project 1 Urban Renewal Plan has been amended numerous times to include new urban renewal projects and three times since 1969, to add area to the plan. Amendment #14, adopted by Resolution 16-230 on July 19, 2016 added the City Hall block between Iowa Avenue and Washington Street and Gilbert and Van Buren Streets. Adoption of the TIF ordinance allowing the City to use the increase in property taxes gained by increased property values is the final step in amending area to a plan. 20 r CITY OF IOWA CITY COUNCIL ACTION REPORT City -University Project 1 Urban Renewal Area As Amended - �-