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HomeMy WebLinkAbout2017-06-06 OrdinancePrepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00007) ORDINANCE NO. ORDINANCE FOR A REZONING TO AMEND A PRELIMINARY PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR 7.8 ACRES OF PROPERTY LOCATED WEST OF MILLER AVENUE AND SOUTH OF BENTON STREET. (REZ17-00007) WHEREAS, the applicant, Iowa City Cohousing, has requested a rezoning of property located west of Miller Avenue and South of Benton Street to amend a final Planned Development Overlay (OPD) Plan; and WHEREAS, the property was rezoned from Medium Density Single Family Residential (RS -8) to Planned Development Overlay/Medium Density Singly Family Residential (OPD/RS-8) in 2015 for Prairie Hill, a 33 - dwelling unit cohousing development subject to a conditional zoning agreement regarding a) the necessity for a landscaping and tree replacement plan to be reviewed and approved by the City Forester prior to issuance of any building permit for any construction activity on the property; b) the necessity for an agreement with the City for the installation of a sidewalk along Miller Avenue adjacent to the Benton Hill Park; and c) the necessity for review and approval of construction drawings for the private street and the storm water management facility by the City Engineer, prior to the final site plan approval. WHEREAS, these conditions have been satisfied and the applicant will proceed with developing in accordance with those approved plans; and WHEREAS, the proposed amendments allow for 3 additional dwelling units and minor changes to building designs, garage sizes, and 5 additional parking spaces; and WHEREAS, the new units will be built within the previously approved building footprints, with the exception of the additional parking spaces, and there will be no significant changes to building coverage or site design if the amendments are approved; and WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing types within the neighborhood and are consistent with the intent of the OPD section of the code; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval of this amendment to the OPD Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is rezoned OPD/RS-8 to in accordance with the Preliminary Planned Development Overlay Plan attached hereto and incorporated herein: Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 46, at page 47, in the records of the Johnson County Recorder's Office, containing 7.80 acres and subject to easements and restriction 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. Ordinance No. Page 2 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 ATTEST: CITY CLERK Approved by: RAK /CJl C( T n7737T// VEta�` City Attorney's Office 5--1ie til 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 06/06/2017 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the m' Lo nova nva REVISED FINAL PLANNED DEVELOPMENT AND SITE PLAN PRAIRIE HILL ]M IOWA CITY, IOWA 14-0592 evnmre�uLL WWAL A f y wno wi OTA IF � ��^ om.�,........,..... �— hbk �'—'-°— �//r��j'� /. ,'R!r"!' J6:^.i./%_ :-'-�•,!>%�'_'.'%''% _I- � � vaavaua WM LLC A. ,�;?'� I � �'.�;v./,�>($.l%:'j{�://(p� Vii! -'sr.,. , ,:ii_ _ .>�:%•:<•oi. ;R.f ;� w.w.,a.w,.. w.m _ TUU •DOUG WS D. RUPPENT SFU SFU .. .. SFL SFL DL -i ! L SFU SFU Au \ `zl' \ /' ate• ./ - zp• .�_r � i (� / — _ _ n SFU S — zamwz k: FU'.'S46�F�9C20tl O@y SSIECOf90 F.1'P®PPiOY I � .P9°wn .2 LOT 2 LOT 1 SFL SFL 1 ]� rv.�em,..q�wsnW-epwaez - u.o - oa�as - L.aw. ro, a mn - ,u..xm REVISED TOWNHOUSE ELEVATIONS ENLARGED FRONT COHOUSING AT PRAIRIE HILL ArchitectI John F. Shaw PIA[EEDM,INC Revised elevations townhouses TOWNHOMES LEFT MARCH ll, 2016 0 8' 16' 24 RIGHT COHOUSING AT PRAIRIE ArchitectI John F. Shaw uA. UED", Mc REAR Revised elevations townhouses TOWNHOMES ENLARGED REAR MARCH 11, 2016 REVISED STACKED FLAT ELEVATIONS COHOUSING AT PRAIRIE HILL ArchitectI John F. Shaw AIA, LEED AP. INC Revised elevation FRONT ELEVATION STACKED FLATS MARCH !r, 2016 0' 4 8' 12' 16' Revised elevation COHOUSING AT PRAIRIE HILL SIDE ELEVATION MARCH ll, 2016 Architect I John F. Shaw STACKED FLATS 1 - -­ AIA, LEEO AP, INC 0' 4' 8' 12' 16' Revised elevation COHOUSING AT PRAIRIE HILL REAR ELEVATION MARCH ll, tole Architect I Joh E DAP, w STACKED FLATS 0, " �4• a' � 12' 16• 5h Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00006) ORDINANCE NO. 17-4708 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3,440 SQUARE FEET OF PROPERTY LOCATED AT 812 S. SUMMIT STREET FROM LOW DENSITY SINGLE FAMILY RESIDENTIAL WITH HISTORIC DISTRICT OVERLAY (RS-5/OHD) TO NEIGHBORHOOD COMMERCIAL WITH HISTORIC DISTRICT OVERLAY (CN-1/OHD). (REZ17-00006) WHEREAS, the applicant, Jamie Powers, has requested a rezoning of property located 812 S. Summit Street from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) to Neighborhood Commercial Historic District Overlay (CN-1/OHD); and WHEREAS, the Comprehensive Plan encourages walkable neighborhoods and envisions neighborhood commercial uses as contributing to the quality of life within neighborhoods; and WHEREAS, the Neighborhood Commercial Zone is intended to promote pedestrian -oriented development at an intensity level that is compatible with surrounding residential areas WHEREAS, as the building is currently used for an upper -floor residence and a bakery, which is a non- conforming retail use, and; WHEREAS, the applicant has requested this rezoning to allow an expansion of the building to construct a new stairwell for the residential use and remodel the interior space; 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 maintaining compatibility with the surrounding single-family residential neighborhood; and WHEREAS, it is necessary to restrict the hours of operation and prohibit the sale of alcohol and tobacco to maintain that neighborhood compatibility; 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 owners 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 RS-5/OHD to CN-1/OHD: The south 43 feet of Lot 1, Block 1 of P. J. Regan's 1" Addition, Iowa City, Iowa.. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Ordinance No. 17-4708 Page 2 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 6th day of June 12017 L MAYOR ti ATTE eGLr2 D7--hf CITY CLERK Approved by City Attorneys Office 5-1 2 )t 7 Ordinance No. 17-4708 Page 3 It was moved by Mims and seconded by Dickens that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration Vote for passage: AYES Thomas, Throgmorton Second Consideration _ Vote for passage: Botchway Cole Dickens Mims Taylor Thomas Throgmorton 1131FA :fid OVi Cole, Dickens, Mims, Taylor, NAYS: None. ABSENT: Botchway. Date published 06/15/201 Moved by Mims, seconded by Dickens, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspanded, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None. ABSENT: None. Prepared by: Bob Miklo, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00006) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City") and Jason and Jamie Powers (hereinafter "Owners"). WHEREAS, Owners are the legal title holder of approximately 3,440 square feet of property located at 812 S. Summit Street, Iowa City, Iowa; and WHEREAS, the Owners have requested the rezoning of said property from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) to Neighborhood Commercial with Historic District Overlay (CN-1/OHD); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the need for maintaining compatibility with the surrounding single-family residential neighborhood by restricting the hours open to the public and the sale of tobacco and alcohol, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owners acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for maintaining compatibility with the surrounding single-family residential neighborhood; and WHEREAS, the Owners agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Jason and Jamie Powers are the legal title.holder of the property legally described as: The south 43 feet of Lot 1, Block 1 of P. J. Regan's let Addition, Iowa City, Iowa. 2. The Owners acknowledge 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 (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 other requirements of the zoning chapter, as well as the following conditions: a. Any commercial use may not be open to the public between 9:00 p.m. and 7:00 a.m.; b. No sales of alcohol or tobacco shall be allowed on the property. 4. The Owners and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owners and City acknowledge that in the event the subject property is transferred, sold, ppdadm/a9Vwnditmna1 zoning agreement deluxeAm 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 Owners acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners 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 Owners' expense. Dated this 6th day of CITY OF IOWA CITY G. JalVes Throgmorton, Mayor Attest: // /l �lei,(,erue/,l%,Dep City Clerk Approved by: stn / c�-s✓ ity Attorney's Office s a t CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2017. By: Ja ie Powers By: JasoKPowerj4& This instrument was acknowledged before me on T, ,e `7 . 2017 by James Throgmorton and /le/lleffwelibi , as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in Andfor the State of to a v (Stamp or Seal) k wWNDYS. MR428 z L �^vNM<I°" MY EOM Title (and Rank) L; ceo. sQ 5PCI M1-L5� ppdadnVagUcanditimml tuning agreement deluxe.dm; OWNERS' ACKNOWLEDGMENT: State of�� County of This record was acknowledged before me on a� 1 2017 by Jason Powers and Jamie Powers. 0 Nota bt in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 1 3 I1 ppdadmiagt/conditionel zoning agreement del"a.doc To: Planning and Zoning Commission Item: REZ17-00006 812 S. Summit St. GENERAL INFORMATION: Applicant and Owner: STAFF REPORT Prepared by: Bob Miklo and Sarah Walz Date: April 20, 2017 Jamie Powers 812 S. Summit Street Iowa City, IA 52240 319-338-5000 Jamie. powers@deluxeiowa.com Requested Action: Rezone from Low Density Single Family Residential Historic District Overlay (RS-5/OHD) Zone to Neighborhood Commercial Historic District Overlay (CN-1/OHD) Zone Purpose: To allow for expansion of the existing retail use Location: 812 S. Summit Street Size: 3,440 square feet Existing Land Use and Zoning: Retail use (bakery) and upper floor residential Surrounding Land Use and Zoning: North: Residential (RS-5/OHD) South: Residential (RS-5/OHD) East: Residential (RS-5/OHD) West: Residential (RS-5/OHD) File Date: March 30, 2017 45 Day Limitation Period: May 14, 2017 BACKGROUND INFORMATION: The applicant, Jamie Powers, is seeking a rezoning from Low Density Single -Family Residential with a Historic Preservation Overlay (RS-5/OHD) to Neighborhood Commercial with a Historic Preservation Overlay (CN-1/OHD) for a 3,440 square foot property located at 812 South Summit Street. The property includes a two-story mixed-use building, with the bakery on the ground level and an apartment on the second level. The building was originally constructed c.1900 as a front -gabled American Vernacular house. According to Irving Weber, in the 1910's owner Harry Smith began a grocery in the house and later added the "boomtown" storefront that was built beside the 2 house. Having been established as a retail business prior to the adoption of a zoning code by the City in the mid -1920s, the property has continued to be used for commercial purposes on the ground floor throughout its existence. Therefore, the retail use of the property is considered a legal non -conforming use. As a non -conforming use it may continue as is, or be converted to another use within the same use category, but cannot be expanded in size. The applicant wishes to build a 7' x 15' addition on the north side of the building to allow the relocation of the stairway to the second floor apartment, and to improve access for persons with disabilities. The relocation of the stairway will also create more ground floor area for use by the bakery. Such an expansion is not permitted for a non -conforming use. Therefore the applicant has requested the property be rezoned to CN -1 to make the bakery a conforming use. Because the property is located within a historic district, any changes to the exterior of the building require approval of the Historic Preservation Commission. The applicant has indicated that she has used the "Good Neighbor Policy" and will hold an informational open house at the bakery on April 14. ANALYSIS: Current zoning: The Low Density Single -Family Residential Zone (RS -5) is primarily intended to provide housing opportunities for individual households. The regulations are intended to create, maintain, and promote livable neighborhoods. The regulations allow for some flexibility of dwelling types to provide housing opportunities for a variety of household types. This zone also allows for some nonresidential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions, and daycare facilities. Related nonresidential uses and structures should be planned and designed to be compatible with the character, scale, and pattern of the residential development. As noted the retail bakery is considered a legal non -conforming use in the zone and may continue to operate but it may not be expanded. Under the current zoning, if the building were to be destroyed, it could only be replaced by a single-family house or another use permitted in the RS -5 zone. The property is included in the Summit Street Historic District. Changes to the exterior of the building require review and approval by the Historic Preservation Commission. The Historic Overlay zone will still apply if the underlying zone is changed to CN -1. Proposed zoning: The purpose of the Neighborhood Commercial Zone (CN -1) is to promote a unified grouping of small-scale retail sales and personal service uses in a neighborhood shopping area; encourage neighborhood shopping areas that are conveniently located and that primarily serve nearby residential neighborhoods; promote pedestrian -oriented development at an intensity level that is compatible with surrounding residential areas; and promote principles of site design, building articulation, scale and proportion that are typical of traditional main street design. Allowed uses are restricted in size to promote smaller, neighborhood -serving businesses and to limit adverse impacts on nearby residential areas. CN -1 Zones are generally located with direct access to an arterial street. Uses allowed in the zone include retail sales, general and medical office, personal service, eating and drinking establishments, hospitality, daycare, specialized instruction. However, as noted below some of the uses normally allowed in the CN -1 zone will not be allowed on this property, even if it is rezoned, due to the limited number of parking spaces. 3 Parking: In addition to being a non -conforming use, the property is also non -conforming regarding parking. The current uses require 4.69 spaces based on the 1 -bedroom apartment and the amount of floor area for the retail bakery (1 space per 300 square feet of floor area). There are two parking spaces provided to the rear of the building, which will not change with the proposed modifications to the structure. The ability to satisfy the minimum parking requirement does not change with the rezoning—there is simply not enough space on the property—and thus the parking will remain non -conforming. If the use of the commercial property changes over time, the parking will be grandfathered in with the 4.69 spaces. This control on parking will also limit the types and intensity of businesses (for example: eating and drinking establishments require 1 parking space per 150 square feet of floor area and therefore would not be allowed). Comprehensive Plan: The Comprehensive Plan encourages sustainable and walkable neighborhoods and envisions neighborhood commercial uses as contributing to the quality of life within neighborhoods. The Plan states: Neighborhood commercial areas can provide a focal point and gathering place for a neighborhood. The businesses within a neighborhood commercial center should provide shopping opportunities within convenient walking distance for the residents in the immediate area. The design of the neighborhood commercial center should have a pedestrian orientation with the stores placed close to the street, but with sufficient open space to allow for outdoor cafes and patios or landscaping. Parking should be located to the rear and sides of stores with additional parking on the street. Incorporating apartments above shops and reserving public open space are two ways to foster additional activity and vitality in a neighborhood commercial area. (IC2030: Comprehensive Plan Update page 21.) In staff's view the current use conforms to the vision for Neighborhood Commercial described in the Comprehensive Plan. In addition to serving as a retail bakery, the business provides a gathering space for neighborhood residents. The property's physical design is similar to a small main street shop, with the building being close to the street, it includes a small outdoor seating area, and parking is at the back of the property, in conformance with site design standards in the code. The Central District Plan also acknowledges a number of properties originally developed with buildings that served as neighborhood grocery stores and have remained, over time as non- conforming commercial uses. These include the Design Ranch Building on Dodge Street, the former Seaton's Meat Market, Watt's Grocery on Muscatine, and Deluxe Bakery on South Summit Street. The former New Pioneer Co-op site (more recently Za-Za's on Bowery Street) and the Akar Architects office on Rochester Avenue also continue to serve as commercial uses within a residential zone. Some of these properties have been granted special exceptions or historic preservation designations to ensure preservation the buildings themselves as well as their opportunity to function as commercial uses. For this reason the current zoning code includes a number of provisions to encourage the continued use of these unique properties provided that their use does not disrupt or detract from the residential character of surrounding neighborhoods. The Economic Development chapter of the Comprehensive Plan encourages small local businesses, such as Deluxe Bakery. Economic goals and strategies include: • Establish strategies to retain and encourage growth of existing locally -owned businesses. Recognize that small, and independently owned, local businesses are integral to Iowa City's "brand" and sense of identity. (IC2030: Comprehensive Plan Update page 30.) 4 Based on these policies and the current conditions evident at 812 S. Summit Street, staff finds that rezoning of the property to CN -1 (with the historic district overlay zoning designation) would be in conformance the Comprehensive Plan. Compatibility with neighborhood: The bakery has operated in this location for approximately 15 years. Prior to that, the property contained other retail businesses, such as a grocery store, art gallery, and a yarn and craft shop, all as grandfathered non -conforming uses. These uses have proved to be compatible with the surrounding residential neighborhood. And as noted in the Comprehensive Plan, such uses often enhance the quality of life in a neighborhood. If the change to the CN -1 zone is approved, the property will be allowed to make the small proposed expansion and improve access for persons with disabilities. The non -conforming parking will limit the sorts of businesses that may locate here should the use change over time. The historic preservation overlay zone will control the design of any exterior changes to the building. Given the small size of the lot and its proximity to adjacent single-family uses, staff recommends two conditions to control certain aspects of allowed uses that may not be compatible with the surrounding single-family residential neighborhood: restricting hours that the business is open to the public to between 7:00 am and 9:00 pm, and no sales of alcohol or tobacco on the property. These restrictions are, in the view of staff, appropriate in order to ensure the commercial use of the property remains neighborhood serving and compatible with nearby residential properties and to minimize activities that may be injurious to the use and enjoyment of residential uses in the immediate vicinity. Similar restrictions were put in place for the property at 518 Bowery Street (another commercial use within a residential zone) through the special exception process. The applicant has been informed of these conditions and is agreeable to them. Traffic implications: The property may continue to operate as a retail commercial use in the RS -5 zone. Rezoning of the property to CN -1 will allow the commercial use to increase slightly in size, but the intensity of use will be similar to the existing bakery and will not likely generate additional traffic when compared to the current use. If the bakery closes, the other uses allowed in the CNA zone are likely to generate similar levels of traffic. Although no specific data is available, observations indicate that a significant number of customers walk or bike to this location. Restricting night time hours of operation will help to assure that traffic from the business uses on this property are not disruptive of the neighborhood in the future. STAFF RECOMMENDATION: Staff recommends approval of REZ17-00006, a rezoning of property at 812 S. Summit Street from Low Density Single Family Residential/Historic Preservation Overlay (RS-5/OHP) zone to Neighborhood Commercial/Historic Preservation Overlay (CN-1/OHP) zone subject to a Conditional Zoning Agreement restricting hours that the business is open to the public to between 7:00 am and 9:00 pm, and prohibiting the sale of alcohol and tobacco. ATTACHMENTS 1. Location Map 2. Application materials Approved by: Department of Neighborhood and Development Services T- REZ17-00006 s Deluxe Bakery 0 0.0izs 0.025 Miles 812 S. Summit Street I i I MV Prepared By: Marti W Date Prepared: April •. • .wr ice« AlOf An application submitted by Jamie . ■ r d" y �M. a� Powers, owner of 1 Bakery, y C to rezone property at 812 S. Summit Street from Low DensitySingle Family • District N 4Yk Overlay(RS-S/OHD) to Neighborhood •• 5 . t I am interested in changing the location of 812 S.Summit St. to a Commercial Neighborhood use. This change will allow for a more efficient and safe work space for the employees and guests. It will be safer for all involved by creating a more streamlined workspace for bakers and creating a new entrance which flows with all abilities. After 15 years of operation, DeLuxe Bakery has proven that a commercial gathering space, much like what was exemplified from 1979 and before, can enrich, solidify and contribute to locking in as a neighborhood gathering place. After reviewing various plans, changing this location to commercial will allow for the best handicap access plans to move forward. Thank you so much for your help All the best, Jamie Planning and Zoning Commission April 20, 2017 — Formal Meeting Page 5 of 10 Hensch asked if these amendments will have any effect on the Good Neighbor Policy. Freerks said no, no Commission action is required for that Policy. Yapp confirmed that was the case, but the Commission's comments will be reflected in the minutes which are read by City Council. Freerks stated she feels this is a wonderful plan but has some pause with some of the little details. "Seek accommodations" still resonates as a concern for her and feels it should be fair, consistent and predictable for all (developers and the community). She would prefer to have more detail written to draw out the expectations. Signs asked what the next step will be. If there Commission were to want to specify some things that should happen. Yapp stated that the exact shape, size and detail of a transition plan will be codified in the site plan chapter. The Comprehensive Plan statement is meant to be broad language. The Commission does have the ability to amend the language on the floor if they so choose. Theobald stated she does not have a problem with the proposed language, and sees the benefit to both parties to having it vague in the Comprehensive Plan because each case is different. Perhaps setting a minimum standard would work. Freerks noted she just wanted the conversation to happen and have it as part of the minutes. Hensch agreed, this is a good first step and if in the future this first step isn't enough then it can be revisited to tighten the language up. Theobald also agrees with Dyer's comments regarding small businesses and questions when that conversation would be appropriate. Signs agreed and said the Dubuque Street incident was a fiasco, and wondered if they could include commercial properties in this language. Hektoen said that would be beyond the scope of what Staff has addressed in their proposed amendments this evening, so the Commission would want consider that at another time. She also noted that site reviews differ in many contexts. Parsons noted it is a fact of life that every structure has to get renovated or upgraded at some point and every situation is so unique and he is okay with the more vague language as a first step. It can be revisited and tightened up if problems do arise. A vote was taken and the motion passed 6-0 (Martin absent). REZONING ITEM (REZ17-00006): Discussion of an application submitted by Deluxe Bakery / Jamie Powers for a rezoning from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) zone to Neighborhood Commercial with Historic District Overlay (CN-1/OHD) zone for approximately 3,440 square feet of property located 812 S. Summit Street. Miklo stated the property is located on Summit Street in a residential neighborhood. The building was likely built around 1900 and converted to a grocery store about 1910. The City first adopted zoning in the 1920's and this property was zoned residential at that time, but because Planning and Zoning Commission April 20, 2017—Formal Meeting Page 6 of 10 the business was already established it was grandfathered in as a legal non-conforming use and allowed to continue. The property has continued to be used for commercial purposes in some form of retail since that time, so it is perfectly legal to have a retail use in this location. However the non-conforming provisions of the Ordinance do not allow an expansion of a non- conforming use and therefore the business can continue as is but cannot make significant or even minor changes in its footprint. The applicant is requesting that the property be rezoned to Neighborhood Commercial (CN-1) in order to allow an addition to the property. Miklo showed some photographs of the building and surroundings. The proposal is to add a new stair-tower entranceway to provide access to the apartment on the second floor. The remodeling of the interior stairway would create additional space for the bakery. Miklo also stated that any changes to the exterior of this building will also require approval from the Historic Preservation Commission. Staff met with the applicant and determined that the only way to allow the expansion was to do a rezoning. Based upon the policies of the Comprehensive Plan, Staff feels the Plan does support rezoning to a Neighborhood Commercial. Miklo noted that prior to 2005 the neighborhood commercial zones had to be a minimum of 3 acres in size but that size restriction was taken off when the zoning code was rewritten recognizing that there were some historic small commercial areas like this that proved to be beneficial to a residential neighborhood. Miklo stated there is also very specific language in the Comprehensive Plan about neighborhood commercial uses and how they can enhance a neighborhood, but there is also some specific requirements in terms of design and parking placement to help assure that they do not detract from the surrounding neighborhood. Staff feels this existing use and site development does conform to those policies of the Comprehensive Plan. There are also some other policies in the Plan regarding small local businesses that Staff feel support the rezoning. Miklo noted there are some uses that could not occur in this location even if the rezoning is approved because of the parking limitations on this property. There are two, maybe three, parking spaces to the back of the property and that would not be sufficient for some uses (such as restaurants or bars). Therefore that would keep more intense CN-1 uses from being allowed on this property. Staff is recommending approval of the rezoning with a couple of conditions placed on the rezoning given its close proximity to residential. Those conditions would be restricting hours that the business is open to the public to between 7:00 am and 9:00 pm, and prohibiting the sale of alcohol and tobacco. Hensch asked about the order of procedure, when the Historic Preservation Commission review the application. Miklo stated that would happen before the building permit is issued. The Historic Preservation Commission doesn't look at the zoning question, they just look at the design of the building. Freerks asked if there was an event that would keep the business open past 9:00 pm would that then require a special exception permit. Miklo stated that since the condition states the hours of the business is open to the public, any private event could surpass those hours. Dyer asked what qualifies as a restaurant, there are chairs and tables at the bakery. Miklo stated the business is considered a retail bakery which allows for the accessory use of serving Planning and Zoning Commission April 20, 2017 — Formal Meeting Page 7 of 10 what is baked. It is not the primary use, the primary use is the sale of bake goods that are removed from the premises. Parsons asked if the driveway to the south of the building as considered a shared driveway or an alley. Miklo confirmed that was a public alley. Freerks disclosed that she frequents this bakery. Dyer asked if there was a concept drawing for the remodel. Miklo said there has been a drawing submitted to the Historic Preservation Commission. He apologized that a copy was nto included in the agenda packet. Freerks opened the public discussion. Jamie Powers (812 South Summit Street) has owned Deluxe Bakery for 15 years and stressed that the process that would seem to move a lot smoother if this property were commercial is for her to provide a handicap lift at the south driveway/alley. They have investigated about doing a ramp around the back and a ramp around the front but a lift would be preferable. Miklo noted that there is an exception that could be used for non -conforming properties that allows for providing a ramp for persons with disabilities, that is not considered an expansion. Freerks asked if the conditions of the hours open to the public would be acceptable. Powers stated it is fine. She said they have had a few private events when guests may have stayed passed 9:00. She also noted that her business is closed Sundays and Mondays. Dyer asked where on the building the addition would be built. Powers said it would be on the north side of the building. It will be 7 feet to the north by 15 feet back and be used as a closed stairway for the upstairs tenant. Signs noted that he drives by the Bakery every day on his way to and from work and stated he feels it is a very positive contribution to the neighborhood. The building fits into the character of the neighborhood. Powers showed the renderings of the plans for the addition. She added that she did follow the Good Neighbor Policy and held a meeting plus distributed flyers to the neighbors. Thomas Agran (512 North Van Buren Street) noted that he has a building in his family that is also a historic grocery building and was surprised to find out if that building were to burn down it would not be able to be rebuilt as a neighborhood retail establishment. Agran encourages the City to contact all other owners of similar historic buildings (whether they are currently in use or not) to advise them. Agran questioned the restriction on the sale of alcohol was just for this particular property or for all commercial properties in the Neighborhood Commercial zone. Miklo stated it was just for this property. Agran asked then if he wanted to take his building (current business is Design Ranch) and wanted to turn it back into a neighborhood grocery store that restriction wouldn't automatically be placed on his property. Miklo confirmed that would be the case. Hektoen reiterated this is a specific condition attached to the Deluxe Bakery property. Edward Agran (833 South Summit Street) moved two doors down from the Bakery two years ago and noted that the area is a garden spot that everyone recognizes as a great area in Iowa City. He added that the Bakery are very good neighbors. Freerks closed the public discussion Planning and Zoning Commission April 20, 2017 - Formal Meeting Page 8 of 10 Theobald moved to approve REZ17-00006 the rezoning from Low Density Single Family Residential with Historic District Overlay (RS-5/OHD) zone to Neighborhood Commercial with Historic District Overlay (CN-1/OHD) zone for approximately 3,440 square feet of property located 812 S. Summit Street subject to a Conditional Zoning Agreement restricting hours that the business is open to the public to between 7:00 am and 9:00 pm, and prohibiting the sale of alcohol and tobacco. Parsons seconded the motion Freerks noted that there was a change to the Code some years ago reducing the acreage needed for this type of commercial to protect these types of small businesses that are integrated into the community. Freerks believes this is confirmed by the Comprehensive Plan and supports this rezoning. Theobald stated she is in support of this rezoning, however it reminded her of a project in her part of town where it was a rezoning away from neighborhood commercial and it is important to remember function versus design in neighborhood commercial. Theobald stressed it is important in all areas where there is a business next to residential to be sensitive to the neighbors, and added she is pleased to see how well this project achieved that. A vote was taken and the motion passed 6-0. DEVELOPMENT ITEM (SUB16-00009/SUB16-00010)' Discussion of an application submitted by Robert & Roxanne Mitchell for a preliminary and final plat of Westcott Second Addition, a 9.96 -acre, 4 -lot residential subdivision located 3055 Prairie du Chien Road NE. Miklo stated this property is located on the west side of Prairie du Chien Road and is within two miles of Iowa City therefore within the fringe area of which both the County and the City review subdivisions. The area is beyond what the City anticipates annexing, therefore the Fringe Area Agreement provides a bit more flexibility in terms of the design of the subdivision and the standards that apply. Basically the County's Rural Design Standards apply. Miklo showed images of the site. The property will be divided into four single-family lots, one of which will contain the existing farm house. 50% of the property in the middle is being set aside as open space and stormwater management facilities as required by the Fringe Area Agreement. Freerks asked if that area would be undisturbed then. Miklo said it will be disturbed for the stormwater basin installation. Additionally per the County's Sensitive Area's Ordinance there is a limitation to the number of trees they can remove before mitigation is required. Miklo stated Staff has reviewed the subdivision and it does meet the requirements of the Fringe Area Agreement, it includes stormwater management that is adequate and will not affect the City's watershed to the south. The Fringe Area Agreement requires a fire rating and the Solon Fire Department has submitted a letter indicating a low fire rating. Staff recommends approval of both a preliminary and final plat. Freerks opened the public hearing. Thomas Agran (512 North Van Buren Street) stated he drives out Prairie du Chien frequently Julie Voparil From: Jamie Powers <jamie.powers@deluxeiowa.com> Sent: Wednesday, May 24, 2017 10:10 AM To: Julie Voparil Subject: Collapsing the vote Hi Julie I am wondering if I can request that the vote for the bakery commercial project be collapsed? How many more votes are coming up? And if collapsed, when is the final vote? All the best Jamie Jamie E. Powers DeLuxe Bakery Owner and Pastry Warden 319-338-5000 Prepared by: Marti Wolf, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-5240 (REZ17-00004) ORDINANCE NO. 17-4709 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 facade 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 C13-5 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. 17-4709 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, 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 6 th day of June 12017 M OR ATTES D;P' �rCITY CLERK App oved by L -Z/-a�-17 City Attorneys Office Ordinance No. 17-4709 Page 3 It was moved by Mims and seconded by Botchway that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 05/02/2017 Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Taylor. NAYS: None. ABSENT: Dickens. Second Consideration 05/16/2017 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas Cole. NAYS: Throgmorton. ABSENT: Botchway. Date published 06/15/2017 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: ppdatlm/agt/wnEltlonal 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 6th day of June , 20 17. CITY OF IOWA CITY A _ JaiKes A. Throgmorton` ayor Attest: / l Kri/&-rrtee1A-15,Deputy ityClerk f oved b City Attorney's Office ppdadm/a9t/condit1mm1 zoning agreement rev.doc 2 Central State Baq< 1 By: Title:. William Nusser CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on T-j_c -1 , 2017 by James A. Throgmorton and 0111)eFrwelfkl, Deputy City Clerk as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public Wand for the Stat of Iowa (Stamp or Seal) WEWDYS.AAAYER ComNWonNwoDF� Nle Title (and Rank) Z Lr Central State Bank ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 20 PZ by as C4.;e�- �\ts\, of Central State Bank. tary Pub in and for said Cou tyand State (Stamp or Seal) Title (and Rank) 131t� William Nusser ACKNOWLEDGMENT: STATE OF IOWA )ss: JOHNSON COUNTY ) On this`d day of _ �p 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. '-N toPublic in a d for the State of Iowa' 3 ppdadmlagVwnditional zoring agreement rev.dx 3 STAFF REPORT To: Planning and Zoning Commission Prepared by: Sarah Walz Item: REZ17-00004 202 N. Linn Street Date: April 6, 2016 GENERAL INFORMATION: Applicant: Ross Nusser 1519 S. Gilbert Street Iowa City, IA 52240 319-331-5206 rossnusser@urbanacres.com Owner: Central State Bank 2530 Corridor Way Coralville, IA 52241 319-625-2050 Abbe.stensland@centralstate. bank Requested Action Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning File Date: 45 Day Limitation Period: Rezone from Central Business Service Zone (CB -2) Zone to Central Business Support Zone (CB -5) To allow redevelopment for mixed use based on lower parking requirements in the CB -5 zone. 202 N. Linn Street 4,550 square feet Commercial bank; CB -2 North: Commercial (CB -2) South: Commercial (CB -5) East: Commercial (CB -2) West: Commercial (CB -5) February 23, 2017 April 11, 2017 BACKGROUND INFORMATION: The applicant, Ross Nusser, is seeking a rezoning from CB -2, Central Business Service Zone, to CB -5, Central Business Support Zone for a 4,520 square foot property located at the northeast corner of the Market Street/ Linn Street intersection. The property includes a one-story commercial building that was the former site of Pearson's pharmacy and more recently has served as home to the Corridor State Bank. The lot includes a non -conforming surface parking area with 5 parking spaces located between the building and the Market Street right-of-way. The applicant proposes to redevelop the property for a mixed use building with commercial uses on the ground floor and residential units above. ANALYSIS: Comprehensive Plan: The Central District Plan contains a discussion of the Northside Marketplace, which includes this property (see Central District Plan pages 55-59). The plan notes a desire to preserve the "distinct identity and scale" of the commercial district as different from the Downtown: "Locally owned businesses that have become institutions in the community, such as John's Grocery, Pagliai's Pizza, and the Hamburg Inn, serve as commercial anchors for the neighborhood, which is defined by an eclectic mix of small-scale, locally owned specialty shops and restaurants. Many participants describe the area as 'Old Iowa City'—an urban commercial district that is not dominated by the undergraduate student market." The Central District plan identifies the historic character of the Northside Marketplace as one of its greatest assets. While redevelopment of vacant and non -historic property is considered appropriate, the Central District Plan notes a concern that too much redevelopment or development at too large a scale or density may diminish the traditional mainstreet character of the neighborhood. Development that is sensitive to the neighborhood's history and architectural elements is encouraged. The subject property is not considered a historically significant structure and does not currently contribute to other goals of the Northside Marketplace. The following goals of the Northside Marketplace include encourage development that is consistent with the mainstreet character of the area with parking located behind or underneath the building. Northside Marketplace Goals and Objectives: Goal 1: Preserve and promote the unique aspects of the Northside Marketplace a. Establish policies and regulations that will preserve the existing scale and mainstreet commercial character of the Northside Marketplace c. Adopt zoning rules that ensure that redevelopment occurs in a manner that promotes pedestrian - oriented street frontages e. Explore and implement initiatives to clean up, maintain and improve service alleys Goal 4: Encourage development and redevelopment that will maintain the character and economic vitality of the Northside Marketplace: a. Adopt zoning regulations to ensure that new development is consistent with the existing mainstreet character of the area and compatible with the surrounding residential neighborhoods, i.e. encourage 2-3- story building located close to the street, storefront windows, accessible and attractive building entrances and parking located behind or beneath buildings. b. Establish policies and regulations that encourage mixed-use buildings with 1- to 3- bedroom apartments above commercial storefronts in order to provide opportunities for a variety of tenants. Goal 7: Improve public safety b. Study pedestrian activity at the intersection of Linn and Market Streets and implement changes that will improve safety for all pedestrians This stated desire to maintain a small scale commercial character in the Northside Marketplace has influenced zoning and development decisions for other properties in the business district: The 2012, a rezoning of the corner property at 221-225 North Linn Street from a RNS-12 to CB - 2 included requirements for design review approval, a maximum number of dwelling units, and a limit on the height of the building to 3 stories with a step -back at the third story. In addition the developer was required to make improvements to the streetscape and alleyway. This property is adjacent to and across the street from residential properties. In 2013, the Board of Adjustment granted a variance from the parking requirements to allow redevelopment of property at 211 North Linn Street within the CB -2 zone. (The property had no alley access and was too narrow to provide vehicle access from the street.)The new building was required to secure design review approval and was limited to 3 stories with a step back at the third story. This property is at a mid -block location. In 2014 the City approved the rezoning of 203 North Linn Street (the former Northside and Haunted Bookshop), a 4,000 sq. foot property directly to the west of the subject property, from CB -2 to CB -5 with a historic landmark designation. The rezoning was requested by the owner specifically to alleviate the commercial parking requirements (similar to this application), which greatly limited the kinds of uses permitted in the rather large ground -floor space. Based on concerns regarding future redevelopment of the property if the historic building were ever destroyed, the City Council approved a CZA requirement that "any redevelopment of the property shall comply with the CB -2 building standards". Other corner properties at the intersection, which are all zoned (CB -5), include the 2 '/2 -story, historic Brewery Square building on the southwest corner of Market and Linn Streets and the recently developed Writers Block, a 4 -story building on the southeast corner. Properties located along Jefferson Street, west of Linn Street, are zoned CB -5. East of Linn Street, properties that front onto Jefferson are zoned Mixed Use (MU) zone. Differences between the CB -2 and CB -5 zone: There are a number of ways that rezoning the property would better enable redevelopment of the property. 1. The CB -5 allows a greater residential density than is permitted in the CB -2 zone: 2. The CB -5 zone also allows a taller building than would be permitted in the CB -2 zone: The maximum building height in the CB -2 zone is 45 feet with a maximum floor area ratio (FAR) of 2.0. This means that the building can have a maximum of 2 square of floor area for each one square foot of lot area. Through bonus provisions, the FAR of building may be increased to 3. The maximum building height in the CB -5 zone is 75 feet with a FAR of 3.0. Similar to the CB -2 zone, bonus provisions may allow an increase the FAR up to 5.0. The applicable bonus provisions in the CB zones include the following: • Masonry finish or architectural metal; not including metal siding, on all non -fenestrated areas of walls. +0.75 floor area ratio. n Provision of a theater. 5 square feet of floor area for every 1 square foot of theater area. Provision of pedestrian activity areas, such as sidewalk cafes, adjacent to but not within the public right-of-way, provided such areas do not exceed a depth of 12 feet from the front lot line. +3 square feet of floor area for every 1 square foot of pedestrian activity area. • Usable open space for passive recreational use of the residents (i.e. balconies, terraces, and rooftop gardens designed and improved for outdoor activities. Balconies serving individual dwelling units and required setback areas are not eligible. +2 square feet of floor area for every 1 square foot of usable open space. An additional FAR bonus provision may be granted for the provision of funds for all street furniture, lighting and landscaping improvements along the adjacent street right-of-way in accordance with any adopted streetscape plan approved by the City, however an approved streetscape plan has already been installed for this area and so this provision would not apply. 3. As with the dimensional standards above, the parking requirements in the CB -5 zones better enable redevelopment. That is to say, there is a reduction in the minimum parking requirement for both commercial and residential uses in the CB -5. In both the CB -5 and CB -2 zone, parking requirements for residential uses are lower than in most other zones due to the location of these zones in the near Downtown and campus area. The CB -2 zone requires a minimum of 0.75 parking spaces for one bedroom and efficiency apartments and 1.5 spaces for two-bedroom units. The CB -5 zone is slightly lower with 0.5 spaces for one -bedroom units and 1 space for two-bedroom units. Both zones require 2.5 parking spaces for 3 -bedroom units. In the CB -5 zone, elder apartments require 1 space for every 2 dwelling units. ial parking requirements inimum 1 bedroom or Parkingl efficiency l 0.75 1 0.5 Requirement perl 2 bedroom unit 1 1.5 1 1 The parking requirement for elder housing (a permanent designation) is 1 space for every two units. A parking benefit is only realized with 2- or 3- bedroom elder units, since the 0.5 parking space per unit for 1 bedrooms is equivalent to 1 space per two units of elder housing. The most significant difference in terms of parking is for commercial uses. The CB -2 zone requires parking for all commercial uses permitted in the zone, while the CB -5 zone has no minimum parking requirement for commercial uses. Changing the zoning of this property to CB -5 would therefore eliminate the commercial parking requirement. On a small lot such as this one, on which there is very limited parking potential, the reduction in parking of the CB -5 significantly increases the development potential. By alleviating the parking requirement for commercial uses a greater variety of commercial uses is possible, and a pedestrian -oriented building is much more feasible. Commercial parking requirements NO MINIMUM Minimum Salesoriented retail 1 per 300 sq it Parking parking Personal SeAce 1 per 300 sq It Requirement requirement for General office 1 per 300 sq It Medical office 1.5 spaces per commercial office or exam uses room Eating & Drinking 1 per 150 sq It or 113 of the occupant load Business owners cite the availability of on -street and surface parking, in addition to affordable rents and pedestrian traffic, as reasons for locating in the area. However finding and maintaining the right balance of parking is critical as much of the surface parking in the area is privately owned and could be developed. There is also a City public parking lot on the north side of Market St, east of the subject property. A small, publicly owned service alley that runs between the subject property and the CB -2 property to the east (George's Buffet) allows for the opportunity to provide access to parking at or below grade. The applicant will propose that the City re -open this 10 -foot wide lane as right -of way. This would contribute to a 22 -foot wide alley providing access to any parking required for the residential uses, with the additional 12 feet coming from the subject private property. (The zoning code recommends that garage entrances and exits should be provided along a building wall that does not face a public street and is accessed from a rear lane or alley.) This proposal and the design of the access drive would be reviewed as part of eventual design plans for the property. Structured parking may not be provided within the ground floor level of the building for the first 30 feet of lot depth. Because the subject property is fairly small, just 65 x 70 feet, there is somewhat limited space to meet the parking requirements for the residential uses at grade—there is room for 3-4 cars to park off an alley at the ground level, which would allow 6-8 one -bedroom apartments. The applicant has indicated that he is able provide 7 spaces underground, which would allow up to 14 one -bedroom or efficiency units. The residential parking requirements address parking demand but also influence the development potential and the scale of the building that can be built. While the supply of on -street parking and parking in surface lots (public and private) is currently fixed in the Northside Marketplace, alleviating the commercial parking requirement will allow for a more pedestrian -oriented building which is consistent with the goals of the Central District Plan. There is a public parking garage, the Clock Tower Place facility located on Iowa Avenue, two blocks to the south, which also has capacity for short-term parking needs. Summary: The lower parking standards required for the CB -5 zone along with the additional density and FAR would greatly enhance the development potential of this somewhat small corner lot. The Floor -to -Area ratio requirement of 3.0 built -into the CB -5 zone (with design -related incentives the FAR may be increased to up to 5.0), combined with the limited ability to provide parking on-site, will help keep redevelopment to an appropriate scale. The redevelopment of the property with a pedestrian -oriented building, designed to complement the main street character and scale of the historic Northside Marketplace as envisioned in the Central District Plan, would contribute to the commercial vitality of the neighborhood and be consistent with recently approved zoning changes for other properties in the neighborhood. Staff believes that the rezoning of this small, corner property will allow it to redevelop in a manner that is in keeping with the goals of the Central District Plan by removing the non -conforming surface parking in front of the building and bringing the building closer to the side walk with the sort of retail store windows and entrances required by code. Allowing redevelopment will also create a better balance in scale with the other corner properties at the intersection, which all have CB -5 zoning. STAFF RECOMMENDATION: Staff recommends that REZ17-00004, a request for a rezoning from CB -2, Central Business Services Zone, to CB -5, Central Business Support Zone be approved subject to design review. ATTACHMENTS: 1. Location Map 2. Images 3. Application materials Approved by: John Yapp, Development Services a Cm of IOWA CM SIP Y 3 Ai• y t w 7 r rUZI K I Ml An application submitted by William Nusser for a rezoning of 4,550 square feet of property from Central Business Service (CB -2) to Central Business Support (CB -5) at 202 North Linn Street. 7 View of the subject property at 202 North Linn Street. View of the subject property at 202 North Linn Street. F: View looking west on Market Street. The property at 202 S. Linn is on the right. Awl ` . Via? A ten -foot alley between the subject property and George's to the east could help to provide access to at -grade or underground parking. View to the south along Market Street—the Writers Block (a 4 -story building) and Brewery Square ( a 2'% story building) are located on adjacent comers. 10 View of the commercial mixed use building (3 stones) on the northwest comer of Linn and Market. Streets. Recently developed commercial mixed use building on the comer of Linn and Bloomington Streets. ji ; AIL ----------- HOLLAND, MICHAEL, RAIBER & SITTIG PLC Attorneys at Law 123 North Linn Street, Suite 300 Iowa City, Iowa 52245 319-354-0331 www.icialawyers corn C. Joseph Holland Lholland@icialaw.com Robert Michael rmichael@icialaw.com April 5, 2017 Iowa City Planning & Zoning Commission Civic Center RE: REZ17-00004 (202 N. Linn St.) Dear Commission Member: Crystal Raiber craiber@icialaw.com Erek Sittig esittig@icialaw.com I just recently became aware of an application to rezone the property at 202 N. Linn Street. I tend to agree that the site is under utilized and redevelopment is appropriate. However, I have serious reservations about yet another property in the neighborhood with seriously limited on-site parking. I have had an office in Brewery Square, which sits on the opposite comer from 202 N. Linn for nearly 25 years. During that time I have seen redevelopment of properties in the area and significant changes in the existing land uses. Changes in the area, in addition to residential units, has been some increased retail activity and a shift of uses to food and beverage to an extent greater than the past. Two of my clients have built significant structures with mixed residential and commercial uses. Both of those properties provide significant below grade parking beneath the building. Both have some additional at grade parking.. Those redevelopments and changed land uses have put serious strain on the parking resources in the neighborhood. If you look at the aerial photo accompanying the staff report on this rezoning application, you will see the Market Street municipal parking lot, which sits just east of the site. Notice that every parking space in that parking lot is occupied. Also, every surface parking space along Market Street is occupied. This is not at all unusual. There are no available parking permits for that lot. In fact, there is a lengthy waiting list. I have has a permit for that lot for close to 25 years I have regularly seen people who work in the area repeatedly putting additional time on meters, with increasing frequency in recent years.. As a business owner in this area we have clients and visitors who come to our office for a variety of purposes. We have very limited on-site parking, and encourage clients to use that when it is available. However, often that limited parking is all taken and they must rely on parking on the street or in the Market Street municipal lot. Just today I had a meeting with a client and some consultants. The client was late because she had to circle the area looking for a parking space. I am not convinced that seven parking spaces adequately addresses the residential use, let alone adding additional commercial uses to the area. The current commercial use, Central State Bank, utilizes virtually no parking. They have their own surface parking, which I have almost never seen fully occupied. There is also reference in the staff report to a 10 foot wide publicly owned service alley. That it is used for parking on a nearly around the clock basis by some of the businesses in the area. I do not know that I have ever seen it passable from north to south, so if the City does open that as a public right of way, something will need to be done to replace the parking for those businesses. I like the location of my Firm in the near northeast side of Iowa City and I have watched this neighborhood transition over the years. I think very careful attention needs to be paid to not disrupting the current businesses in the area by overburdening the parking which is already in very, very tight supply. Less parking for visitors is going to make the area less attractive to some businesses. I am not able to attend your meeting on April 6t', so I wanted to pass along my comments in writing. Very truly yours, C_r�� C. Joseph Holland CJH:ses Planning and Zoning Commission April 6, 2017 — Formal Meeting Page 11 of 17 2. (REZ17-00004): Discussion of an application submitted by William Nusser for a rezoning from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone for approximately 4,550 square feet of property located at 202 North Linn Street (Corridor State Bank property). Walz presented the staff report and stated the applicant, William Nusser, is seeking a rezoning for the property widely known as the Pearson's Pharmacy and more recently the home of Corridor State Bank. It is located at the corner of Market and Linn Streets, and the other three corner properties at this intersection are all zoned CB -5. The lot includes a non- conforming surface parking area with 5 parking spaces located between the building and the Market Street right-of-way. In this zone the parking is meant to be at the rear of the building, not in front. It is meant to be a pedestrian oriented zone. Additionally the zone calls for street facing windows, which this building lacks along its fagade. Walz stated this property is appropriate for development and part of the reasons for seeking the rezoning is the change in parking. The Comprehensive Plan, Central District Plan, contains a discussion of the Northside Marketplace, which includes this property and notes a desire to preserve the "distinct identity and scale" of the commercial district as different from the Downtown. Many describe this area as "Old Iowa City" and attracts more long-term residents, there is less of the hustle and bustle of downtown and less of a student orientation. The Central District plan identifies the historic character of the Northside Marketplace as one of its greatest assets. It is known for an area that has a lot of unique, locally owned businesses so when the Central Business Plan was created there was a concern that too much redevelopment or development at too large a scale or density may diminish the traditional main street character of the neighborhood. The Plan encourages development that is sensitive to the neighborhood's history and architectural elements. The subject property is not considered a historically significant structure and does not currently contribute to other goals of the Northside Marketplace. The goals of the Northside Marketplace are to preserve and promote the unique aspects of the Northside Marketplace and establish policies and regulations that will preserve the existing scale and main street commercial character of the Northside Marketplace. Walz explained that the Downtown District to the south is more intensive commercial and is separated from the Northside Market Place by University buildings. This area takes a step down, although there are taller buildings on the corners but are still limited in height to three or four stories. Then as one travels north the neighborhood steps back further to one story or two story buildings. There are some three story buildings, but they have set backs at the upper level. It is a transitional area between the higher intensity downtown to the lower density residential area. Another goal was to adopt zoning regulations to ensure that new development is consistent with the existing mainstreet character of the area and encourage mixed-use buildings with 1 • to 3- bedroom apartments above commercial storefronts. Additionally the Plan encourages the improvement of the environment for pedestrian safety. Walz explained that a number of these goals have shaped recent zoning decisions. In 2012 a rezoning of the comer property at 221-225 North Linn Street from a RNS-12 to CB- 2 included requirements for design review approval, a maximum number of dwelling units, and a limit on the height of the building to 3 stories with a step -back at the third story. In 2013 the Board of Adjustment granted a variance from the parking requirements to allow redevelopment of property at 211 North Linn Street within the CB -2 zone. (The property had Planning and Zoning Commission April 6, 2017 — Formal Meeting Page 12 of 17 no alley access and was too narrow to provide vehicle access from the street.) The new building was required to secure design review approval and was limited to three stories with a step back at the third story. In 2014 the City approved the rezoning of 203 North Linn Street (the former Northside and Haunted Bookshop), a 4,000 sq. foot property directly to the west of the subject property, from CB -2 to CB -5 with a historic landmark designation. The rezoning was requested by the owner specifically to alleviate the commercial parking requirements for the commercial floor of the building based on the concerns of preserving a historic building. Developers were required to make updates such as a sprinkler system and also a conditional zoning agreement put on the property that if it were ever to be destroyed by fire or a disaster; the building height would be limited. Other corner properties at the intersection, which are all zoned (CB -5), include the two story, historic Brewery Square building on the southwest corner of Market and Linn Streets and the recently developed Writers Block, a four story building on the southeast corner. Walz stated the application property is currently zoned CB -2 and explained the differences between the CB -2 and the CB -5. The CB -5 allows a greater residential density than is permitted in the CB -2 zone. There was a chart in the Commissioners packet to show the density differences. The CB -5 zone also allows a taller building than would be permitted in the CB -2 zone which gives greater redevelopment potential. The building height is based on a maximum floor area ratio (FAR) and in CB -2 a maximum of two square of floor area for each one square foot of lot area. Through bonus provisions, the FAR of building may be increased to three. The maximum building height in the CB -5 zone is 75 feet with a FAR of three. Similar to the CB -2 zone, bonus provisions may allow an increase the FAR up to five. Walz listed the applicable bonus provisions in the Staff report. The logical ones that may be applied to this property would be the architectural elements such as masonry, provision of pedestrian activity areas, or usable open space for passive recreational uses of residents (i.e. balconies, terraces, and rooftop gardens designed and improved for outdoor activities). An additional FAR bonus provision may be granted for the provision of funds for all street furniture, lighting and landscaping improvements along the adjacent street right-of-way in accordance with any adopted streetscape plan approved by the City, however an approved streetscape plan has already been installed for this area and so this provision would not apply. Walz explained the biggest difference in creating development potential here in the CB -5 is the reduction in parking. CB -5 has a lower parking requirement for both commercial and residential uses. For commercial uses in the CB -5 zone there is no parking requirement. The differences in the parking requirements for the residential uses are outlined in the Staff report. In a CB -2 zone the minimum parking requirement for a one bedroom or efficiency is 0.75 parking space per unit, and in the CB -5 that is reduced to 0.50 parking space per unit. Walz noted there is a parking benefit for elder housing (a permanent designation) of one space for every two units but this parking benefit is only realized with two bedroom elder units. Walz stated on such a small lot as the applicant property, the ability to provide parking is quite limited. Staff had suggested to the applicant to make use of the service alley but the applicant is probably not going to pursue that opportunity because they would like to provide underground parking with a ramp directly off Market Street. Walz did acknowledge that parking is somewhat of a delicate issue in the Northside Marketplace. There are a number of surface lots: one is a public, city -owned, lot but the other is private and could be developed. Parking in this area is scarce at peak hours, the closest public parking garage, the Clock Tower Place facility located on Iowa Avenue, two blocks to the south. Planning and Zoning Commission April 6, 2017 —Formal Meeting Page 13 of 17 Walz summarized that the lower parking standards required for the CB-5 zone along with the additional density and FAR would greatly enhance the development potential of this somewhat small corner lot and would anchor that corner in a way that is more pedestrian friendly. Staff recommends that REZ17-00004, a request for a rezoning from CB-2, Central Business Services Zone, to CB-5, Central Business Support Zone, be approved subject to design review. The applicant has submitted a concept to City Staff in the last 24 hours and will show that to the Commission this evening. He has also conducted two neighborhood meetings, and Walz distributed an email received from one neighbor_(Patrick Gilpin) that speaks to the issue of parking as well as a letter from Joseph Holland expressing concerns about parking. Hensch asked about the service alley and if that was public owned alley. Walz stated it is public owned but is not a right-of-way so it functions a bit differently. Most of the businesses along the alley use it for trash and recycling services. A car can pass through, but it is tight. Hensch commented upon a quick review of the email from Gilpin is that his opposition is that there is not a minimum of one parking place per unit, but that is not consistent for either a CB-5 or CB-2 zone. Parsons asked if the City has ever considered turning that public service parking lot into a small ramp. Walz said that has not been explored in detail, it is a rather small area but not out of the realm of possibilities. Miklo added the cost versus the amount of spaces achieved was not reasonable when looked at several years ago. Dyer asked when the bank building was built. Miklo replied in the late 1950's. Dyer asked if the building could be considered historical as an example of Mid-century architecture. Miklo said it could likely have been prior to the remodel, but would no longer be eligible because of the significant changes to the exterior. Hensch opened the public hearing. Ross (William) Nusser (13 Briar Ridge) thanked the Commission for considering the request before them and for City Staff for working with him on this application. This property is not easy to work with, it is a small parcel and has many challenges in designing a concept. He will share a concept with them on what the building could be, but wanted to stress it is just a concept. He would like to continue to hold neighborhood meetings to get better feedback on design, noting that this rezoning will also be subject to design and site review. The CB-2 zoning in the Northside, which is what his property is currently zoned, is very prohibitive to any use, commercial or residential. The parking requirement, especially for a lot that is 65' by 75' prohibits some uses. For example, if a restaurant wanted to build on that spot there would need to be 36 parking spots, retail is significantly lower. He said that parking in Iowa City has always been a problem, and he feels there are two options. One is to require more parking on spaces throughout downtown, but that would stunt the growth of the city. The other is to deal with parking as the city grows and be thoughtful on how to deal with it. Other cities of the same size are dealing with the exact same problem. Nusser said that the Northside today looks nothing like it did 25 years ago. The restaurants are excellent and the streetscapes have been improved dramatically and the neighborhood has developed in a very pleasing way. 25 years ago the neighborhood looked very different, Planning and Zoning Commission April 6, 2017 —Formal Meeting Page 14 of 17 where Bluebird is was once a paint store and Bluebird was able to tie in the history of that. Tying in the history of the neighborhood is very important. Nusser just wants to add to this neighborhood, enhance the pedestrian experience, add an element of housing that is more inclusive to all, and to provide if possible a public experience for this property. Many folks remember Pearson's and that was a phenomenal place where people gathered. Nusser would like to keep with that history and provide a new development. The new development will not look anything like the old Pearson building but there are ways to incorporate the Northside atmosphere into the new development. Nusser stressed again that the concept plan is just a concept and he is 100% open to changing, it is just an idea of what could be there. Nusser shared the concept plan and stated it is an example of what the maximum concept for the lot could be. As previously mentioned there were Good Neighbor meetings held, one with the general public, one with the Downtown District, and one with the Northside Business owners. One of the key items was they wanted to tie in the existing streetscape as well as the lines of the buildings so that is what they tried to achieve with the differential of materials proposed. The glass above as well as the balconies keep it less intrusive to the surrounding buildings. The rooftop area is undecided but could either serve the residents of the building or be a public space, but if it were to be a public space that would be a separate proposal. Nusser said that another point that was brought up at the Good Neighbor meetings was the importance of a variety of businesses, so they are showing perhaps a restaurant and a retail experience. Nusser noted that in the current zoning this would not be possible regardless because of the residential above. With regards to the composition of units, especially residential, it is also undecided. He has had conversations with TRAIL (Tools and Resources for Active, Independent Living) regarding senior living as that is scarce in Iowa City and he is exploring that as an option. Additionally the first level above the commercial space is undecided if it will be office or residential space, and there are different parking requirements for each. In closing Nusser reiterated that this site is underutilized and redevelopment is truly appropriate. When it was Pearson's it was great, the bank has been phenomenal in the redevelopment process, but the site is currently not serving the neighborhood in a way that it could potentially do. Hensch asked how he envisions handling what parking they will have to provide. Nusser said there would be an entrance off Market Street near George's to a parking garage under the building and that would allow for seven spaces. Walz added they would need to either obtain a new curb cut on the property or widen the existing one. Hensch asked if the top story was a bonus height story. Nusser said it was not, it will just be an open area, and he respects the neighborhood and will not seek a bonus provision. Hensch asked how close this concept was to Nusser's actual vision of the property. Nusser said it was very close, the things he is amendable to is how the building will impact surrounding areas as with building materials, etc. but is open to feedback and wants to be a good partner with the City and community. Parsons asked how much underground parking is possible for a 4500 foot building. Nusser replied it is seven spaces, there needs to be space for a stairway and an elevator. Dyer asked about bicycle parking. Nusser replied there will be bicycle parking. Signs asked the vision for number of units and how many bedrooms per unit. Nusser stated Planning and Zoning Commission April 6, 2017 —Formal Meeting Page 15 of 17 he cannot speak directly to the number of units at this time as that has not been figured out If it is to be senior housing it will likely be two bedroom units, for any other type of housing they will be one bedroom. Dyer asked why senior housing would be two bedrooms. Nusser stated that when he met with TRAIL it was mentioned that as people downsize they are downsizing from large houses with four or five bedrooms and it is important to them to have a guest bedroom or space for a home office. Dyer noted there are other seniors that may come from smaller houses and Nusser acknowledged that is correct. Walz clarified that the FAR would allow for three stories where the build -out wall is to the property line and to get the additional two stories bonus requirements would have to be met. If upper stories were stepped back it could be different. Nick Lindsey (Architect, Neumann Monson) stated the intent would be to provide bicycle parking for every resident in the building both below ground and above ground. They are a big proponent of encouraging sustainable transportation. Hensch closed the public hearing. Parsons moved to approve REZ17-00004, a request for a rezoning from CB -2, Central Business Services Zone, to CB -5, Central Business Support Zone be approved subject to design review. Martin seconded the motion. Dyer commented that she believes the project is premature, there needs to be a clearer concept of what it will be so they can better judge the impact on parking. Since parking is so limited in this area, there needs to be more information on how many units there will be. Dyer noted it is often impossible to find parking in this neighborhood and often forgoes patronizing the businesses in the neighborhood because she cannot find parking. Signs stated that he has never had trouble finding parking in that neighborhood, but did admit he is probably not there on evenings and weekends as much. Signs noted he loves the concept and is pleased that the applicant has been reaching out to the community and getting input. He likes the change of building materials on the two floors to acclimate to the neighboring buildings and does think a taller building on this corner makes sense and fits in with a lot of the concepts they discuss in the downtown. He understands Dyer's concern about not seeing a more solid concept but his feeling is based on the presentation there is a good idea of a concept and are taking a lot of important things into consideration. Hensch noted it appears it will be a pedestrian oriented building which he is completely in favor of in the Northside Neighborhood. Parking is an issue, but noted similar to Signs he has never had an issue parking there but is often there midday and not evenings or weekends. Dyer noted another parking problem in that area is the churches and in the daytime funerals cause parking issues in that neighborhood. Hensch agreed and often wondered why the churches haven't banned together and tried to come up with a parking solution. Parsons said there is on street parking allowed all along the streets on Sundays so that helps out and special funeral signs are placed to add parking as well. Signs also commented on the issue of the two bedroom units, and sees it as part of the thought process and proof that it is well thought out, if the idea is the next level from the Planning and Zoning Commission April 6, 2017 — Formal Meeting Page 16 of 17 family home but not yet to an assisted living situation, based on his experience with his customers they want more than one bedroom. As for the parking issue, he believes as a community there needs to be a bigger conversation about parking in the downtown and near downtown areas. There needs to be a larger vision. Martin agreed, she has never had a parking issue there and she is there evenings. What she likes about zoning this to CB -5 regardless of what goes there, the Downtown Master Plan denotes the corner lots as the "bookends" and this concept fits that very well. Conceptually she likes the vision. Theobald added she has had numerous parking issues in this neighborhood, but the parking problem already exists and while this will add to it, the issue is already there. The idea of senior housing is good and is needed. It would be an area that would be popular. Martin asked if this is rezoned to CB -5 now, will the Commission ever see the concept plan again. Miklo said it would not come before the Commission. Martin asked if this were to be senior specific housing, could it only be senior housing or could it be mixed. Walz said it could be mixed and once something is senior housing it must always be senior housing, due to the parking benefit. Parsons noted that the area is underutilized and seeing that the other properties at this intersection are CB -5 it would tie that intersection in together. Hensch stated he was originally concerned about approving this application, but after hearing concept from the applicant and trusting they will follow through with their concepts he is in support. Dyer reiterated it is still premature as they don't know if it will be a three story or five story building and they will not see the final plans. They won't know what benefits will be applied for, whether there will be a setback, and although the other buildings on the corners are CB - 5 one is because of a historic designation exemption. If this building were to be five stories it would be higher than any other buildings in the area. A five story building in this area would not comply with the step down envisioned in the Comprehensive Plan. Martin asked the process if this was approved. Walz said the rezoning would go to City Council, if approved the site review would come before Staff and design review. Martin said that she liked the materials shown in the concept with brick on the lower floors to tie into the existing buildings. Miklo noted that the drawing showed corten steel, not brick. Nusser said it could be brick. A vote was taken and the motion passed 5-1 (Dyer voting no, Freerks absent). CONSIDERATION OF MEETING MINUTES: MARCH 2 AND MARCH 16, 2017 Signs moved to approve the meeting minutes of March 2 and March 16, 2017. Theobald seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Signs moved to adjourn. Martin seconded. A vote was taken and motion carried 6-0. Julie Voparil From: Sarah Walz Sent: Friday, May 26, 2017 2:38 PM To: '512cstone@gmail.com' Cc: Geoff Fruin, Julie Voparil Subject: RE: The proposed five story building @ 202 N. Linn St. Ms. Stone, I noticed the email you sent to the City Council regarding the proposed rezoning of property at 202 N. Linn Street and your concern about parking. I thought it would be helpful to clarify the parking requirements in the current (CB -2) zone and the proposed (CB -5) zone. Residential uses in both the CB -5 and CB -2 zones are required to provide parking for tenants, including senior housing units. The table below shows the residential parking requirements for the current and proposed zones. For Senior (Elder) Housing, a parking benefit is only realized with 2- or 3- bedroom units. The most significant difference in terms of parking is for commercial uses. The CB -2 zone requires parking for all commercial uses permitted in the zone, while the CB -5 zone has no minimum parking requirement for commercial uses. On a small lot, such as this one, where there is limited parking potential, the reduced commercial parking requirement of the CB -5 zone allows for a greater variety of commercial uses, as different uses (e.g. retail store, restaurant, bank, office) have different parking requirements. Finding and maintaining the right balance of parking is important to the continued health of this commercial district. Sarah Sarah Walz CITY OF IOWA CITY and METROPOLITAN PLANNING ORGANIZATION OF JOHNSON COUNTY 410 East Washington St. Iowa City, IA 52240 319-356-5239 From: Cathy Stone [mailto:512cstone@gmail.com] Sent: Friday, May 26, 2017 9:07 AM To: Council Subject: The proposed five story building @ 202 N. Linn St. I read the article about the proposed building that is being considered for the site of the Central State Bank. I was not be able to attend the good neighborhood meeting scheduled for May 25th. I wanted to express my concern about the city councils approval of the rezoning that would allow for the removal of requirements for both the commercial and residential parking spaces. As a long time resident of Iowa City I am constantly frustrated at the lack of parking in the downtown area. With all the apartment buildings being built, I see very. few that provide parking for the tenants. This forces those of us who shop or do business downtown, to compete with the residents who live in the area for a space to park.the proposed north end building which will increase general development will cause this same dilemma. All tenants, including seniors should be provided a parking space.The more commercial buildings that are added to the site will reduce the availability of parking. Having rented an apartment in a large complex in an urban area, it was standard to provide a parking space to the tenants.It was usually under the building, it was part of the rental agreement. I do not understand why this is not followed in Iowa City. The north end is likely to grow and expand both with residential and commercial prospects. The city needs to provide adequate parking at this stage of the development to reduce this inevitable problem later. Respectfully, Catherine Stone Ordinance No. Page It w moved by and seconded by Ordin nee as read be adopted, and upon roll call therewcwc AYES: NAYS: ABSENT: ABSTAN: First Consideration Vote for passage: Mims, Taylor. Second Consideration Vote for passa Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton Throgmorton, Botchway, Cole, ABSENT: Dickens. that the Ordinance No. Page It was mod by and seconded by _ Ordinance 4 read be adopted, and upon roll call there were: AYES: ]PAYS: ABSENT: First Consideration _ Vote for passage: Cole. NAYS: 4 Second Consideration Vote for nassa Date published ABST. Botchway Cole Dickens Mims Taylor Thomas Throgmorton 16/2017 , Mims, Taylor, Thomas, BSENT: Botchway. that the <- From: Susan Shullaw <smshullaw@gmail.com> Sent: Friday, June 02, 2017 10:32 AM To: Council L1 1 A Subject: Letter re: 202 N. Linn rezoning Attachments: Shullaw-City Council letter June 2017.docx (Date) Please see the attached letter concerning the proposed rezoning of the Central State Bank property at 202 North Linn Street, which I believe will have its final reading at the Council meeting on June 6. Thank you for your consideration. Susan Shullaw 718 North Johnson Street Iowa City 52245 319-351-2606 smshullaw@gmail.com June 2, 2017 To Members of the City Council of Iowa City: I am writing to express some concerns about the proposed rezoning of 202 North Linn Street from CB -2 to CB -5. This proposal comes at the request of local realtor and developer Ross Nusser, who hopes to construct a mixed-use building on that corner, consisting of ground -floor retail and several upper floors of residential units. Having attended (and appreciated) the May 25 "good neighbor meeting" hosted by Mr. Nusser at the Iowa City Public Library, I am reassured by his plans to construct an attractive building that will honor the historic feel of the Northside Marketplace neighborhood, and I welcome this type of project to the neighborhood. I'm happy that he intends to offer both owner -occupied units and "workforce -housing type" rental units, and am especially pleased by his commitment to reserving two floors for senior housing. His comments about the types of ground -floor retail businesses he hopes to attract also are in keeping with the unique "vibe" of this popular shopping, dining, and gathering area. Despite all of these positive signs, I am nevertheless concerned that the Council is being asked to approve the CB -5 rezoning before a final design for the proposed building has been presented to the Council or the public. I share Mayor Throgmorton's misgivings about a proposed five -story building on that lot, which is inconsistent with Comprehensive Plan specifications for buildings of no more than three stories in the Northside Marketplace. When it comes to residential developments in or near downtown, profit margins — not neighborhood "fit" — often seem to define building scale. I worry that the CB -5 rezoning may result in a structure whose size and design represent a jarring departure from its surroundings. My larger concern is with the future of the block where this property is located, bounded by Linn, Bloomington, Gilbert, and Market Streets — a key anchor for the entire Northside Marketplace. The block contains a mix of older and mostly commercial properties, along with large surface parking lots owned by the City and the Pagliai family (and perhaps others). From a developer's perspective, many of these properties are under-utilized. This is certainly true of the parking lots, to say nothing of single -story buildings such as the one housing the Bluebird Diner. No doubt developers are also eying the older buildings along the south side of Market Street, to say nothing of icons such as George's Buffet and the Hamburg Inn. As the Mayor stated at the Council's May 16 meeting, a new five -story structure at 202 North Linn will only enhance the value of surrounding properties, creating a "ripple effect" of increasing pressure on property owners to sell to opportunistic developers. As my friend and neighbor Linda McGuire suggested at the May 16 Council meeting, what if, instead of continuing the process of piecemeal rezoning, staff and Council were to look at this particular block more holistically? What do we, as a community and a neighborhood, envision for the entire block, five or ten years from now? Do we want it to look thoughtfully planned or thoughtlessly haphazard? What community needs, both social and economic, should its various properties fulfill? Should the entire block be rezoned CB -5, or should we be more selective about future uses? Would it be possible to retain some of the surface parking for public use, and build above it? What properties are worth preserving as is, and which ones might be suitable for replacement with multi -story residential units? And should those units be geared toward undergraduate students, as in the Clark building at the southeast corner of Market and Linn; higher -priced condos, such as the Jesse Allen project at Bloomington and Linn; or perhaps projects that offer more affordable housing? What do we know about future residential market demand in the near -downtown area? What plans can we put in place now to ensure more appropriate, neighborhood -consistent development in the years ahead? I realize that this particular zoning request has had two positive readings and is very likely to be approved on the third. And I can only trust that Mr. Nusser's project will be as good a fit for its surroundings as he intends it to be. But whether through the adoption of more form -based zoning codes or other means, I would ask the Council to take a more proactive and holistic approach in the future. Let's consider how to better adapt zoning decisions to the long-term needs and vitality of each unique neighborhood, versus approval of isolated, one -parcel -at -a - time requests from Iowa City's ever -eager development community. Thank you for your consideration, Susan Shullaw 718 North Johnson Street Iowa City IA 52245 smshullaw@Bmail.com Julie Voparil From: David Rust <headwave@aol.com> Sent: Sunday, June 04, 2017 6:42 PM To: Council Cc: David Rust Subject: Rezoning of 202 North Linn Street June 4, 2017 To Members of the City Council of Iowa City Late Handouts Distributed sr- (Date) (Date) SC— We are writing to express our opinions regarding the proposed rezoning of 202 North Linn Street. We own the oldest building on that block, at 319 Bloomington Street. We have lived in this neighborhood for thirty-three years. We walk through it daily and shop and dine in the neighborhood often as part of our walkabout. We viewed the May 16 Council discussion rezoning discussion online. The Nusser project has much to recommend it. It is attractive and, if completed as proposed, would be a welcome addition to the block. The proposed blend of living units and commercial space, particularly the reservation of two floors as housing for people aged 55+, is a positive. We trust that Mr. Nusser will follow through on the assurances he gave at the May 16 meeting. While we don't oppose Mr. Nusser's proposal, we are concerned about the spot zoning approach to development of the Northside Marketplace neighborhood. A better course would be look at this entire block and it's development in the context of the neighborhood. We urge the city to engage property owners, neighbors and other interested parties in a planful discussion. The commercial development of the Northside Marketplace in recent years has been positive for the entire north side. What can Council do now to foster zoning decisions that are responsive to long-term needs and consider the unique qualities of this neighborhood? Why is this important? The Northside Marketplace does not need more housing for students. Developers interested in building student housing on our property at 319 Bloomington Street have contacted us more than once. Student housing on this block would be extremely detrimental to this neighborhood. As property owners in the Northside Marketplace and as residents who intend to continue living in a nearby neighborhood for the long term, we want to be part of a planning process that supports neighborhood -positive development. We urge the city to initiate such a process for this block. Thank you for your consideration. Joy Smith and David Rust 1317 Rochester Avenue P.S. In his remarks to council on May 16, Mr. Nusser indicated he had spoken to several members of TRAIL. While we have no doubt this is correct, as members of the TRAIL Board, one of whom is Chair, we want to state that Mr. Nusser has not approached the TRAIL Board regarding his proposal nor does the Board have a position regarding it. Julie ... S— (::— From: Kathie Gonzales <kgonzales7@gmail.com> Sent: Monday, June 05, 2017 1:02 PM To: Council Subject: Comments for 6.6.2017 Meeting (Date) Dear City Clerk, It is unclear from your website as to the last day that comments are needed to be included in the Council members agenda packets, please include for the upcoming council meeting set for June 6th, 2017. hhtt s://www.icog v org/councildocs httt)s://www.ic og v org/city-government/dgpartments-and-divisions/city-council My name is Kathie Gonzales and I am a resident of Iowa City and a citizen of Iowa. I am asking the members of the City Council of Iowa City to stay a final vote for the Rezoning of 202 N. Linn Street. I am very disheartened to hear that the intent is to approve this rezoning. I would like to request that this rezoning be either rejected or amended. For too long the city council has been approving developments that do not add sufficient parking for their residents and providing tax payer funding to do so. This is an incredible burden on the residents of the city that live near these areas that the future tenants then tum to park their cars in front of their homes, fostering the environment that individuals and families are not welcome, nor a priority in the downtown area. I would request that this be reviewed and re -negotiated to include that if these kinds of waivers are going to be approved that no tax increment financing (TIF) money be allowed and that the developer would have to provide the city funding to be put into an account for the City of Iowa City to build a new parking ramp or to add on to one of the existing ramps. It is irresponsible and frankly absurd to continue to justify these rezoning efforts to say that there is plenty of metered parking nearby or ramps that those individuals can use. This argument cannot continue to be the case, as more and more businesses and apartment buildings continue to use this argument, the fact is that the parking spaces are finite and this must be acknowledged that a new ramp is needed downtown or one needs to be greatly expanded. While I understand that the City of Iowa City would like to encourage more public transit, bicycle and pedestrian traffic, which I believe many do, you are limiting future growth by not making it accessible for those that are in our surrounding communities to visit our city to enjoy it's offerings. This has been a common complaint for the Iowa City Downtown District that parking is not easy and thus repels more visitors. I would also like to comment that I was extremely upset that the city council approved the reconstruction contract for the property adjacent to City Hall with the former Unitarian Universalist church. This is a bad deal for the taxpayers of the city of Iowa City. First of all, this is CITY property, we are selling it, then offering to forgive part of the loan AND we are committing TIF funding for our OWN property, third, we are purchasing back spaces for the police only on property that is ours that we are also financing (so we are net losing on this deal) and also then removing parking for employees of the city and visitors to the city hall. I am also requesting that this be re -negotiated, just because it was initially approved by the city council does it necessarily mean we can't re -negotiate some terms? There should be room and a time frame to re -negotiate, after all, construction is not yet underway. I and many other citizens did not vote for the new members of the city council to continue these same practices that do not put the taxpayers and residents as the most important beneficiary in any contract, we do not want to overuse TIF funding and go into enormous debt. There are new council members that campaigned on not allowing for these kinds of bad deals to continue, but I do not see evidence of this change. Please reconsider and re -negotiate both the 202 N. Linn Street project and the property adjacent to City Hall. Thank you for your time and consideration. Kind regards, Kathie Gonzales Iowa City S -(7 - Julie G Julie Voparil From: Matthieu Biger <mbiger@gmail.com> Late Handouts Distributed Sent: Monday, June 05, 2017 2:44 PM To: Council Subject: Re: Item 5c Rezoning 202 N. Linn Street - Iowa City City Council June 6, 2017- 7:00 p.m. Dear Council, (Date) to add a bit of neighborly voice to the titled rezoning discussion, please consider the following: Though that intersection of Market/Linn is 3/4 CB5 zoning, there is no such zoning in two block radius N/NE of lot. With Mercy at E and UI at W/S/SW, the Northside Marketplace, touted for its boho/small business/walkable aspects acts as some some of buffer and "step down" to North Side Neighborhood Neighboring CB5 buildings all have restrictions/exemptions (e.g. height) which, one would hope, would be considered for lot in question; this concurs with P&Z Commissioner Dyers: "If this building were to be five stories it would be higher than any other buildings in the area. A five story building in this area would not comply with the step down envisioned in the Comprehensive Plan." I support the plan for a cut out on the corner. This is both in historical keeping with the original Pearson's building - as well as other such commercial/residential mix building in area, and relevant for visibility at a busy intersection. While neither P&Z or Council can control all parts of the Comprehensive Plan, denizens of Iowa City appreciate those entities keeping residents and neighborhoods in mind. Efforts to stabilize the Northside should include avoiding a domino -effect of developments encroaching on what may be the last exemple of an archetypal urban neighborhood in our fair city. I understand CB5 may offer additional possibilities for this lot, but would like to see any "cons" mitigated. Framed another way, could CB -2 zoning stand, with certain exemptions to hear developer on project viability? In closing, I do appreciate the potential for a more efficient use of this lot, as well as Nusser's commitment to age -in- place housing and interest in applying historical influences to the building. If rezoning is to be approved at this reading, I would indeed urge that powerful design review (e.g. height, set -back, parking, materials, sustainability, commercial/housing mix) be cemented in vote. Sincerely, Matthieu Biger Cp Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance number: Ordinance amending Title 8, Police Regulations, Chapter 5, Miscellaneous Offenses, Section 12, Fireworks: to allow for the sale of some fireworks, revise definitions of fireworks, and increase the penalty for use of fireworks within City limits, all in compliance with newly amended State law. Whereas, on May 9`h, 2017, the Governor signed Senate File 489, which amended State law to allow for the sale of fireworks within the State of Iowa; and Whereas, Senate File 489 continues to allow cities to prohibit the use of fireworks within city limits, setting violations as simple misdemeanors punishable by a fine of not less than $250; and Whereas, Iowa City Code currently prohibits the use of fireworks within City limits, but contains definitions of fireworks inconsistent with the new State Code, and penalties in a range lower than now allowed; and Whereas, in the judgment of Council, the use of "consumer fireworks" or "display fireworks" within City limits constitutes a safety risk in our urban environment, due to the risk of injury to those lighting them and others in the vicinity, especially children; a fire hazard from fireworks landing on rooftops, vehicles, and other combustibles; and a noise nuisance, especially for those with pets or suffering from posttraumatic stress disorder; and Whereas, for all these reasons, Council wishes to prohibit the use of "consumer fireworks" and "display fireworks" within City limits, absent a permit issued by the Iowa City Fire Marshal, while continuing to allow for the use of "novelties", all as defined by State Code; and Whereas, it is in the best interests of the City to approve this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. Amendments. Title 8, Police Regulations, Chapter 5, Miscellaneous Offenses, Section 12, Fireworks: is hereby amended by deleting the entire section, and replacing it with the following language: 5-5-12: Fireworks: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions: It shall be unlawful for any person to use or explode any "consumer fireworks" or "display fireworks" within the corporate limits of the city of Iowa City. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received written permission for the use of "consumer fireworks" or "display fireworks' from the fire marshal of the city of Iowa City when the fireworks display will be handled by a competent operator, and consistent with the issued permit. E. A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00). Section 2. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section 3. 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 4. Effective date. This Ordinance shall be effective upon publication. Passed and approved this day of , 2017. Mayor City Clerk Ap o� l City Attorney's Office Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 06/06/2017 Voteforpassage: AYES: Throgmorton, Botchway, Cole, Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the CITY OF IOWA CIT COUNCIL ACTION REPO June 6, 2017 Ordinance amending Title 8, Chapter 5, Miscellaneous Offenses, Section 12, Fireworks, eliminating prohibition of fireworks sales and continuing prohibition of use of fireworks within the corporate limits of the city of Iowa City Prepared By: John Grier, Fire Chief Jody Matherly, Police Chief Eric Goers, Assistant City Attorney Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance amendment will allow sale of consumer fireworks as required by Senate File 489 while continuing the prohibition of use of fireworks within the city of Iowa City. Background / Analysis: On May 9'", 2017, the Governor signed Senate File 489, which made the sale and use of consumer fireworks legal in the State of Iowa. Under the new law, cities retained the right to prohibit use of fireworks within city limits. This amendment is needed to remove the City's current prohibition against sales of fireworks, to amend the definitions of various types of fireworks, and to increase the penalty for illegal use of fireworks within City limits, all to comply with the newly amended State Code. Under our current ordinance, 8-5-12, the sale and use of fireworks are prohibited within City limits. With the change in law, effective immediately upon the Governor's signature on May 9th, 2017, sales of fireworks became legal in Iowa. While the State law does not explicitly prohibit cities from banning the sale of fireworks within City limits, a strong argument could be made that cities are prevented from prohibiting sales under the doctrine of implied preemption. The new State law also creates new definitions for various classes of fireworks, including "novelties", "consumer fireworks", and "display fireworks." Our ordinance needs to be amended to include these newly -defined terms under State law. Consumer fireworks include items such as aerial shells, bottle rockets, firecrackers, roman candles, and sky rockets. SF 489 restricts cities from prohibiting sales of fireworks; however, cities may prohibit the discharge of fireworks if determined a public safety risk or nuisance to neighbors. Staff recommends continuing prohibition of the use of consumer fireworks within the City of Iowa City. The new State law indicates that persons who use fireworks within city limits, when prohibited r 1 CITY OF IOWA CITY COUNCIL ACTION REPORT by that city from doing so, "commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars." Our ordinance currently calls for an unscheduled misdemeanor ($65 - $625 fine), so it needs to be amended to match the new State minimum. City staff will continue to enforce zoning, building, and fire codes already in effect, which address the storage of explosives, such as fireworks. Items such as gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols are not considered consumer fireworks and their use will still be allowed. Public Safety Data: The use of consumer fireworks produces concerns from local and national healthcare and public safety associations including: increased calls for service for emergency responders and emergency rooms, increased injuries, increased fires, residents and law enforcement personnel mistaking fireworks for gunfire, and pollution. According to the National Fire Protection Association (NFPA), from 2009-2013 U.S. fire departments responded to an average of 18,500 fires caused by fireworks. These fires included 1,300 structure fires, 300 vehicle fires and 16,900 outside and other fires. Almost half (47%) of the reported fires on the Fourth of July were started by fireworks. According to the Consumer Product Safety Commission (CPSC), in 2015, approximately 11,900 people were treated in hospital emergency rooms for fireworks related injuries, with 67% of these injuries occurring in a one-month period from June 19, 2015 -July 19, 2015. Children under the age of 15 years old accounted for 38% of these injuries. In a 7 year period from 2004 to 2011, Iowa had only 383 emergency room visits for fireworks injuries. In a 6 year period from 2002 to 2007, Missouri had 2,650 emergency room visits for fireworks injuries. During those years, Iowa allowed only sparklers, snakes, and caps while Missouri allowed the use of consumer fireworks. Because Iowa City is an urban environment, detonating consumer fireworks is dangerous due to risk of injury to those lighting them and others in the vicinity, especially children. Fireworks can also create a fire hazard from landing/smoldering on roof tops, vehicles, and grass. Additionally, fireworks create noise disturbances which can have a negative impact on the elderly, those suffering from PTSD, and pets. Finally, fireworks create physical pollution including smoke and device remnants. Prepared by: Enc R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance number: Ordinance amending Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1, Administrative Service Departments Organized: to revert the title of the Transportation and Resource Management department to the Transportation Services department to reflect a realignment of supervision over Resource Management to the Public Works Director. Whereas, on April 21st, 2015, through Ordinance 15-4617, Council realigned the Landfill and Refuse divisions from the Public Works Department into the Transportation Services Department, creating a new Transportation and Resource Management Department; and Whereas, the City Manager recommends that the alignment of the Landfill and Refuse divisions now revert to the Public Works Department, under the Public Works Director; and Whereas, realigning in this way will result in a change to the name of the Transportation and Resource Management Department to the Transportation Services Department, as it was before April 21st, 2015; and Whereas, this ordinance amendment is required to accurately reflect the names of departments and the titles of said department heads within the City; and Whereas, it is in the best interests of the City to approve this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. Amendments. A. Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1, Administrative Service Departments Organized:, is hereby amended by striking Department of transportation and resource management and Director of transportation and resource management and replacing with Department of transportation services and Director of transportation services; B. Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1, Administrative Service Departments Organized:, shall be further amended by deleting the following provision at the end of the Section: "After July 1, 2015, any reference to Director of transportation services shall mean the Director of transportation and resource management, with the latter having all of the powers and duties granted to the former under the provisions of this code." Section 2. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section 3. 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 4. Effective date. This Ordinance shall be effective upon publication. Passed and approved this day of 2017. Mayor Attest: City Clerk Apr ved by City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: Botchway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 06/06/2017 Voteforpassage: AYES: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published I r 1 CITY OF IOWA CIT Ari COUNCIL ACTION REPO 7 June 6, 2017 Ordinance amending Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1, Administrative Service Departments Organized: to revert the title of the Transportation and Resource Management department to the Transportation Services department to reflect a realignment of supervision over Resource Management to the Public Works Director. Prepared By: Ashley Monroe, Assistant City Manager Reviewed By: Geoff Fruin, City Manager, Eric Goers, Assistant City Attorney Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The proposed ordinance will authorize changes to the Administrative Services Departments Organized in City Code Title 1, Chapter 8, in order to revert the title of the Transportation and Resource Management Department back to Transportation Services Department and realign Resource Management with the Public Works Department. Background / Analysis: In 2015, through Ordinance 15-4617, City Council realigned the Landfill and Refuse divisions from the Public Works Department into the Transportation Services Department, creating a new Transportation and Resource Management Department. At this time, the City Manager recommends that the alignment of the Landfill and Refuse divisions now revert to the Public Works Department, under the Public Works Director. Reorganizing will result in a change to the name of the Transportation and Resource Management Department, returning the Transportation Services Department to its name prior to April 15, 2015. Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance NO. Ordinance amending Title 1, "Administration", Chapter 7, "City Officers; City Attorney, City Clerk, City Manager", Section 2, "Appointment and Removal' to replace the residency requirement for the position of City Clerk with a residency preferred requirement. WHEREAS, the City Council appointees (City Manager, City Attorney, City Clerk) are currently required by City Code to be residents of the city upon appointment; and, WHEREAS, the City Council recognizes the value of the residency requirement for positions that are entrusted with making policy and/or legal recommendations to the City Council and critical decision-making for the City; and, WHEREAS, the City Council recognizes that the higher the level of decision-making and the higher the compensation, the more likely it is that qualified candidates can be attracted to a position for which residency is required; and, WHEREAS, due to the duties performed by the City Clerk, in recruiting and assessing candidates for the position of City Clerk, qualifications other than residency within the City limits may, in a particular instance, be more important than residency; and, WHEREAS, it is in the best interests of the City of Iowa City that the residency requirement for the City Clerk be replaced with a residency preferred requirement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 1, Chapter 7, Section 2 is hereby amended by deleting the section and substituting the following in lieu thereof: 1-7-2: Appointment and Removal: The city council shall appoint a city attorney and city manager, who must be qualified electors, residing within the city. The city council shall appoint a city clerk. Residency shall be preferred but not required for the city clerk. Within ten (10) calendar days after appointment, each appointee shall qualify by taking the oath. Such oath shall be filed in the office of the city clerk. In the event the city attorney, city clerk and city manager are removed from office, such removal must be by a majority vote of city council. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 .20 Approved by: Mayor City Attorney G �� A"—". CITY CLERK Eleenorbrdwandidates.doc 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 06/06/2017 Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published that the CITY OF IOWA CITY COUNCIL ACTION REPO June 6, 2017 Ordinance amending Title 1, "Administration", Chapter 7, "City Officers; City Attorney, City Clerk, City Manager', Section 2, "Appointment and Removal" to replace the residency requirement for the City Clerk with a residency preferred requirement. Prepared By: Eleanor M. Dilkes Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The City Council appointees (City Manager, City Attorney, City Clerk) are currently required by City Code to be residents of the city upon appointment. The Council recognizes the value of the residency requirement for positions that are entrusted with making policy and/or legal recommendations to the Council and critical decisions for the City. The higher the level of decision-making and the higher the compensation, the more likely it is that qualified candidates can be attracted to a position for which residency is required. Due to the duties performed by the City Clerk, in recruiting and assessing candidates for the position of City Clerk, qualifications other than residency within the City limits may, in a particular instance, be more important than residency. It is in the best interests of the City and its residents that the residency requirement for the City Clerk be replaced with a residency preferred requirement. I Prepared by: Eleanor Dilkes, City Atty., 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. An ordinance amending Title 17 of the City Code (Building and Housing) to establish a six and a half month moratorium on the issuance of new rental permits, and building permits that result in an enlargement of a rental dwelling, in RS -5, RS -8 and RNS-12 zones within the area generally bounded by Scott Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa. Whereas, Iowa City, like many cities around the country, currently regulates occupancy based upon its definition of "family" and whether the occupants are or are not related by blood, marriage, adoption or placement by a social service agency; and Whereas, the State legislature recently adopted a law (HF 134) amending Iowa Code Section 414.1 to prohibit municipalities, after January 1, 2018, from adopting or enforcing any regulation or restriction related to occupancy of residential rental property that is based upon the existence of familial or nonfamilial relationships between the occupants of such rental property; and Whereas, regulation of occupancy based on familial status has been an important tool to promote peaceful habitation in residential areas of Iowa City for more than 50 years; and, Whereas, since at least the 1960s, maximum occupancy has been based on the number of unrelated persons and off-street parking; and Whereas, on October 23, 2001, the City Council established the Neighborhood Housing Relations Task Force in Resolution No. 01-353 consisting of representatives of owners, tenants, and neighborhoods to review nuisance laws and policies "to afford peaceful habitation in residential areas of Iowa City"; and Whereas, on June 27, 2002, the Task Force submitted its "Proposed Initiatives/Report of Task Force" to the City Council; and Whereas, seven of the twenty-six recommended initiatives were directed at occupancy which resulted in the requirement that landlords and tenants acknowledge in writing the maximum occupancy of the unit (i.e., the Informational Disclosure and Acknowledgment Form) and the inclusion of the maximum occupancy on the face of the online rental permit; and Whereas, in recognition of the fact that over -occupancy of rental units is an issue that negatively impacts the quality and value of neighborhoods, City Council has imposed the maximum penalty allowed by state law for a violation of the maximum occupancy requirements of the City Code; and Whereas, the loss of this tool significantly threatens the stability of the neighborhoods in the City's single family zones and requires careful study of alternative options; Whereas, subsequent to this new law being enacted, the City has received approximately 40 Ordinance No. Page 2 applications for building permits on existing rental properties that would result in an increase in the number of bedrooms; and Whereas, in recent years the City has received fewer than five such applications per year; and Whereas, due to this new law, the City must study how to mitigate the impacts of rental housing and increases in occupancy levels on neighborhood stability, housing affordability, public and tenant safety, urban congestion, blight, risk to public peace and order, conflicts between rental and owner -occupied housing, and excessive demands upon public safety, infrastructure and municipal services; and Whereas, during the course of this study, it is prudent to establish a moratorium until December 31, 2017 on the issuance of new rental permits (i.e. not renewals of existing permits) and building permits that would result in an enlargement of existing rental dwellings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: SECTION I. AMENDMENT. Title 17 'Building and Housing" of the City Code is hereby amended by adding a new Chapter 15, entitled "Moratorium", as follows: 1. Moratorium and Area of Applicability: For properties zoned RS -5, RS -8 and RNS-12 within the area generally bounded by Scott Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa, as more particularly shown on the attached "Moratorium Boundary Map", the City shall not issue a rental permit for any dwelling that is not subject to a current rental permit or a rental permit that expired within the past 18 months. The City, furthermore, shall not issue a building permit that would result in an enlargement of a rental dwelling located within the area described above. 2. Definitions: For the purposes of this ordinance, the following definitions apply: a. ENLARGEMENT shall be as defined in Chapter 14-9 of the City Code: An increase in the volume of a building, an increase in the area of land or building occupied by a use, an increase in the number of bedrooms within a dwelling unit or an increase in the number of dwelling units. For group living uses, any alteration that allows an increase in the number of residents is considered an enlargement of the use. b. DWELLING shall be as defined in Chapter 14-9 of the City Code: Any building, structure or manufactured housing, except temporary housing, wholly or partly, used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto. c. DWELLING UNIT shall be as defined in Chapter 14-9 of the City Code: Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used by one household for living, sleeping, cooking and eating meals. Multiple dwelling units exist if there is more than one meter for any utility, more than one address to the property, more than one kitchen, and/or if there is a lockable, physical separation between rooms within the dwelling unit such that a room or rooms on each side of the separation could be used as a dwelling unit. ` d. RENTAL DWELLING: Any dwelling with a valid rental permit or any dwelling with a rental permit that expired in the past eighteen (18) months. Ordinance No. Page 3 3. Termination: This Chapter 15 shall be automatically repealed on January 1, 2018. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 20 LIFA&:l'LG] ATTEST: CITY CLERK MnG -S-/7 City Attorney's Office sarahlanduse\moratorium ord.dm 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: Botcbway Cole Dickens Mims Taylor Thomas Throgmorton First Consideration 06/06/2017 Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published ® CITY OF IOWA CITY q COUNCIL ACTION REPORT Click here to enter a date of council meeting. An ordinance amending Title 17 of the City Code (Building and Housing) to establish a six and a half month moratorium on the issuance of new rental permits, and building permits that result in an enlargement of a rental dwelling, in RS -5, RS -8 and RNS-12 zones within the area generally bounded by Scott Boulevard on the east, 1-80 on the north, the Iowa River and Mormon Trek Blvd on the west, and Highways 1/6 on the south in Iowa City, Iowa. Late Handouts Distributed Prepared By: Eleanor Dilkes, City Attorney Reviewed By: Geoff Fruin, City Manager Doug Boothroy, Director of Neighborhood DevelopmQft�vices Stan Laverman, Senior Housing Inspector John Yapp, Coordinator of Development Services Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This ordinance establishes a moratorium through December 31, 2017 on the issuance of any new rental permits in the RS -5, RS -8 and RNS-12 residential zones within the area of the City already largely developed for residential purposes. It also establishes a moratorium on the issuance of any building permit that would result in an enlargement of an existing rental unit within the same zoning and geographic limitations. Staff recommends approval of these moratoria to allow time to study the impact of recently -adopted state legislation that prohibits the City from regulating rental units based upon the existence of familial or non -familial relationships between the occupants of such rental property. Background / Analysis: Short term moratoria preserve the status quo. The City currently regulates occupancy based upon its definition of "family'. Effective January 1, 2018, the City can no longer enforce this ordinance due to the Iowa Legislature's passage of HF 134. Since the passage of this law, in the past several weeks, the City has received 40 permit applications for 35 properties to add bedrooms to existing rental properties — a majority of these are for single family and duplex units for properties located in near -downtown neighborhoods. In comparison, over the past two years, the City has issued an average of less than five permits per year for adding bedrooms to rental single family and duplex units. The proliferation of rental housing and increases in occupancy levels can have a destabilizing effect on the neighborhood; drive up prices; cause threats to public and tenant safety; create urban congestion, blight, a risk to public peace and order, conflicts between rental and owner - occupied housing, and excessive demands upon public safety, infrastructure and municipal '= 1 CITY OF IOWA CITY COUNCIL ACTION REPORT services. These impacts are documented in the Iowa City Comprehensive Plan and adopted sub -district plans. For decades, the City has dealt with the negative impacts of the conversion and redevelopment of older single family homes into rentals with inadequate green space, parking, lighting, or property management. Because students can pool their resources, many individuals and families have been priced out of owning or renting in the center of town close to work, school and other public resources. Staff has studied and documented a correlation between the location of police calls for service, and the location of rental permits. The problems of high number of rental units are magnified when the landlords do not live in the area and the renters are young and inexperienced. The moratorium is limited to properties located within the RS -5, RS -8 and RNS-12 zones within an area generally bounded on the east by Scott Boulevard, on the north by 1-80, on the west by Mormon Trek Blvd, and on the south by Hwy 116. This area contains the older neighborhoods and predominantly developed parts of the City, which is also where the majority of rental permits are located. Growth areas in the far west, south and east sides of the City are not proposed to be included in the moratorium area. The RS -5, RS -8, and RNS-12 zones are the predominant single-family zones in which rental permits are issued within the moratorium area. While the City has taken such measures as creating neighborhood task forces and adopted nuisance ordinances, this new state law significantly impacts one of the City's primary ways of mitigating these challenges. As a result, the moratorium will aid the City in furthering many goals set forth in its IC2030 Comprehensive Plan and sub -district plans. For instance, the IC2030 Comp Plan states that "stable neighborhoods with affordable housing and quality schools are essential to ensuring that Iowa City remains an attractive place for families with children" (page 11). The moratorium does not apply to multi -family properties and does not apply to pending rental permit renewal applications. It is proposed to be in effect until December 31, 2017. During the moratorium period Staff will research and study possible code revisions that may be prudent to mitigate the impacts of rental housing, in consultation with City Council. Staff anticipates presenting code amendments to be considered by Council prior to the expiration of this moratorium. �I Julie Voparil From: Theresa Biancheri <theresa.biancheri@gmail.com> Late Handouts Distributed Sent: Tuesday, June 06, 2017 1:49 PM To: Council Subject: Moratorium and Traffic Dear Iowa City City Council: (Date) I am writing to support the moratorium on the issuance of new rental permits and building permits that result in the enlargement of rental properties through December 31, 2017. 1 own the house I live in on Jefferson Street, and I know first hand how extremely disruptive it can be to have a house rented to a large group of unrelated individuals. The street is full of cars (poorly parked and recklessly driven) and the noise level becomes a problem; also, there have been several upsetting incidents that have necessitated calls to the police. The abundance of rental properties in this neighborhood, and in my old neighborhood Manville Heights, also makes it more difficult for people to be able to buy their own home. If someone is constantly bidding against a rental company or rich, well-connected people interested in adding new properties to their holdings, then the affordable single-family homes in that area become rentals instead. And while I'm writing, I would like to point out that quite often people drive down Jefferson going at least 50 mph. It is critical that something be done about this before someone is seriously hurt or killed. I strongly urge you to investigate this and consider adding speed bumps or other traffic calming devices. With thanks for your attention, I am Sincerely yours, Theresa Biancheri 1162 E. Jefferson St. Iowa City IA 52245 Kellie Fruehling Late Handouts Dis buuld From: R. Michael Hayes <rmhayes@belinmccormick.com> Sent: Tuesday, June 06, 2017 3:37 PM To: Council Cc: Mike Oliveira (Date) Subject: Item 9 on June 6, 2017 Council Agenda Attachments: Signed 6-6-17 City Council Letter on Housing Moratorium (02692614x9D4A5).pdf Honorable Mayor Jim Throgmorton and Members of the City Council of Iowa City and City Clerk: I enclose a letter on behalf of Prestige Properties, L.L.C. and its affiliates that I request be considered by the City Council at its meetings today in its deliberations on agenda item 9 of today's City Council meeting regarding a moratorium on issuance of rental housing permits in certain single family zoning areas. I ask that this be added as a late handout to the City Council information. Thank you. R. Michael Hayes 666 Walnut Street, Suite 2000 Des Moines, Iowa 50309-3989 Direct Dial: (515) 283-4647 Cell: (515) 537-6207 E-mail: rmhaves(a)belinmccormick.com BELINMCCORM IC K ATTORNEYS AT LAW Confidentiality Notice: THE EMAIL AND ANY ATTACHED DOCUMENTS CONTAIN INFORMATION FROM THE LAW FIRM OF BELIN MCCORMICK, P.C., WHICH MAY BE CONFIDENTIAL AND/OR LEGALLY PRIVILEGED. THESE MATERIALS ARE INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE ADDRESSEE IDENTIFIED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING THESE MATERIALS TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER OF THIS MESSAGE. THANK YOU. This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit htto://www.mimecast.com BELINNtCORMICK ATTORNEYS AT LAW R. Michael Hayes Direct Dial: (515) 283.4647 Direct Pax: (515) 558-0647 E-mail: rmhayesr@belinm=rmick.cum June 6, 2017 E-MAIL Honorable Mayor Jim Throgmorton and Members of the City Council of Iowa City, Iowa City Hall 410 E. Washington Street Iowa City, Iowa 52240 Re: Agenda Item 9 on the June 6, 2017 City Council Meeting Honorable Mayor and City Council Members: Our firm represents Prestige Properties, LLC and its affiliates. They own existing rental housing and existing single family housing that recently was acquired to be used as rental housing, and may hereafter acquire additional rental housing and single family housing that may become rental housing in the Low Density Single -Family Residential Zone (RS -5), the Medium Density Single -Family Residential Zone (RS -8), and the Neighborhood Stabilization Residential Zone (RNS-12). Item 9 of the June 6, 2017 City Council Agenda proposes action on an ordinance to amend Title 17 of the City Code to establish a six month moratorium on the issuance of new rental permits, and building permits that result in an enlargement of a rental dwelling, within substantial portions, but not all, of the RS -5, RS -8 and RNS-12 zones of the City. As such, this moratorium ordinance will amend, supplement or change the regulations and restrictions applicable to allowable uses in the affected portions of these three zoning districts during the moratorium period. According to Iowa Code Section 414.4 and the Iowa City Code section 14-8D-5, this moratorium ordinance therefore constitutes a zoning ordinance and an amendment to the zoning ordinance applicable to the affected property and can only be adopted after referral to the Iowa City Plan and Zoning Commission for its recommendation and report and then after notice and a public hearing before the City Council. Furthermore, according to Iowa Code Section 414.2, this moratorium ordinance can only be valid if it is applied uniformly throughout these three zoning districts and not just to selected portions of these three zoning districts. Furthermore, Iowa City duly adopted the International Residential Code that is applicable to single-family and duplex family rental units and provided certain amendments thereto after June 6, 2017 Page 2 notice and public hearings as set forth in Iowa City Code Sections 17-1-1 and 17-1-3. The International Residential Code contemplates that applications for building permits will be processed in an orderly and timely fashion and an amendment that puts a moratorium on certain building permit applications is a substantial modification of the International Residential Code. Under Iowa Code Section 380.10, this moratorium amendment can only be adopted after published notice and a public hearing before the City Council. Therefore, if the City Council desires to proceed forward with consideration of this moratorium ordinance it must first refer it to the Plan and Zoning Commission for its recommendation and thereafter can consider it only after published notice and a public hearing before the City Council. With respect to the moratorium period, it should end October 31, 2017 and the City should adopt any revisions to its ordinances affecting rental housing by that date so landlords and tenants knowledgeably can enter new leases on any vacant space effective as January 1, 2018. Furthermore, most leases have already been executed as one year leases for the next school year and will continue into the summer of 2018. Therefore, any changes to existing ordinances affecting rental housing that would make illegal the terns of existing leases for occupancies that are legal today should not take effect until new leases that start in the summer of 2018. Very truly yours, effL I 47M R. Michael Hayes For the Firm RMH BELINT0764\0006.6-17 Letter on Moratorium Ordinance (02691790.2).DOC Enclosure cc: City Clerk, Mike Oliveira