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
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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
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(Stamp or Seal) k wWNDYS. MR428
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Title (and Rank)
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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
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rUZI
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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