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
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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
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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
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Legend
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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 - �-