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HomeMy WebLinkAbout2017-06-20 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 20th day of June, 2017, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance conditionally rezoning approximately 0.62 acres of land from Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR) zone for property located at 513 S. Riverside Drive (REZ17-00005). A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. JULIE VOPARIL, DEPUTY CITY CLERK To: Planning and Zoning Commission Item: REZ17-00005 GENERAL INFORMATION: Applicant: Contact: Requested Action Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Karen Howard Date: May 18, 2017 513 Riverside, LLC 528 S. Clinton Street Iowa City, IA 52240 Charles Graves 13 Woodcrest Lane NE Iowa City, IA 52240 319-337-4700 Charlie@cghanson.com Rezone 513 South Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings - West Riverfront (RFC -WR) Redevelop the property according to the Riverfront Crossings — West Riverfront standards 513 S. Riverside Drive Approximately 0.6 acres (27,040 square feet) vacant -former convenience store/gas station (CC -2) North: undeveloped - University of Iowa (P-2) South: fast food/take-out restaurants (CC -2) East: used auto dealership (CC -2) and Iowa River West: multi -family residential (RM -44) March 30, 2017 May 14, 2017 (waived by applicant) The applicant, 513 Riverside LLC, has requested a rezoning from Community Commercial (CC -2) Zone to Riverfront Crossings West Riverfront (RFC -WR) Zone for 0.6 acres at 513 S. Riverside Drive. This property is currently vacant, but was previously a Kum & Go convenience store and gas station. Kum & Go vacated and sold the property when they moved the operation to their new location at the corner of Benton and Riverside Drive. The property is located in the Riverfront Crossings West Riverfront subdistrict and is directly adjacent to the west campus area of the University of Iowa and across the street from properties that abut the Iowa River and the Iowa River Corridor Trail. In 2016 the City of Iowa City conducted a planning effort to improve conditions along Riverside Drive for pedestrians and to improve the aesthetics of the corridor to encourage reinvestment and redevelopment. This planning effort resulted in the South Riverside Drive Streetscape Master Plan. The first phase of implementation of that plan will include a pedestrian tunnel through the railroad embankment, full signalization and pedestrian crossing at the Myrtle intersection, and improved sidewalks, parkway buffer and street trees from the Myrtle Avenue to Benton Street along the west side of Riverside Drive. Similar to properties that have been rezoned and developed according to the Riverfront Crossings form -based code along Riverside Drive south of the Iowa Interstate Railroad embankment, additional right-of-way along the frontage of the subject property will be needed to achieve this safer and more comfortable pedestrian environment to support the increase in residential population made possible with the subject rezoning. The applicant did not hold a Good Neighbor Meeting. ANALYSIS: Current and proposed zoning: The current CC -2 zoning is intended for major retail commercial areas that serve a significant segment of the community population. The maximum building height in the CC -2 Zone is 35 feet. The zone is primarily a commercial zone, but allows upper floor residential uses by special exception. Minimal parking and building setbacks apply, but parking may be placed between buildings and the street, which has resulted in the auto -dominated commercial strip development along Riverside Drive. The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad mix of commercial and residential uses. Unlike the CC -2 Zone, the Riverfront Crossings code allows for a variety of building types, residential, commercial and mixed-use. New buildings must be located close to the street and oriented to Riverside Drive with street -facing entries opening onto an improved streetscape designed to provide a safe, comfortable and attractive environment for pedestrians buffered from vehicular traffic on Riverside Drive. Parking must be located behind or to the side of buildings and screened and buffered from the sidewalk and the street. Residential density is limited by building height and the amount of parking that can be provided on the site. The maximum building height in this area of the West Riverfront subdistrict is four stories. An additional story may be granted through the bonus provisions. An open space requirement of 10 square feet per bedroom is required for properties containing residential uses. Building design standards apply and will be administered through the staff design review process. If the project includes residential uses, the affordable housing requirement that applies in Riverfront Crossings will apply. At this time the owner of the property has not decided whether the property will be developed with a commercial building or a mixed-use building. Both types of buildings would be allowed and appropriate in this location according to the Riverfront Crossings Master Plan. Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan. The subject property is located in the West Riverfront Subdistrict of Riverfront Crossings. One of the primary goals for this subdistrict is to encourage redevelopment that will help create a more pedestrian -friendly character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restaurants, and other services. The new form -based zoning code for Riverfront Crossings is intended to help implement that vision and contains standards for building and parking placement, streetscape improvements, building form and design, and landscaping and Page 2 of 6 open space requirements. Due to the absence of building and parking placement standards and few requirements related to building form and design, the current CC -2 zoning will allow the property will develop in a manner inconsistent with the Riverfront Crossings Master Plan. One of the most important goals for the West Riverfront subdistrict is to improve the environment along Riverside Drive to make it safer and more comfortable for pedestrians and bicyclists. Since the requested rezoning will allow a significant increase in the residential population in the area, staff recommends as a condition of rezoning, that the applicant dedicate land along the Riverside Drive frontage of the property to widen the public right-of-way and close driveways that are inconsistent with the new zoning and the City's access management standards. Details of these necessary improvements are described in more detail in the traffic and pedestrian circulation section, below. Closure of noncompliant driveways and the increased right-of-way will be used to create a wider landscaped buffer between the traffic lanes on Riverside Drive and the public sidewalk and a safer condition along the sidewalk and at the intersection for pedestrians, bicyclists and motorists. This will improve public safety and provide for a higher quality living environment for residents of the new building and encourage those residents to walk or bike to area businesses and to other destinations in the community. In addition, those improvements will provide safer bicycle, pedestrian, and vehicular access to any new businesses developed on the site and a more attractive frontage condition that will be of economic benefit to the property owner and the businesses. The City is also moving forward with plans to create a pedestrian tunnel through the railroad embankment. The proposed tunnel will allow safe pedestrian movement north along Riverside Drive to the subject property and to the University campus and Downtown. The applicant has indicated willingness to dedicate the necessary land for widening the right-of-way along Riverside Drive and to reduce the number of driveways on the property. For all the reasons stated above, staff finds that the requested zoning (RFC -WR) is consistent with the City's Comprehensive Plan and will help to facilitate redevelopment that will comply with the Riverfront Crossings Master Plan, provided that land along Riverside Drive is dedicated to the City to allow for improvements to the street corridor necessary to accommodate the increase in residential density and pedestrian -oriented commercial development allowed by the rezoning. Compatibility with neighborhood: The proposed rezoning to RFC -WR will allow development that is compatible with the future goals of the Comprehensive Plan to transform this auto - dominated area into a more pedestrian -friendly environment with a better mix of residential uses and neighborhood -serving businesses provided the public space along the street is also improved to support a more walkable urban neighborhood. The form -based zoning standards will help ensure that new buildings are compatible with the vision of the Riverfront Crossings plan and with surrounding residential neighborhoods. Therefore, staff finds that the proposed rezoning is compatible with the surrounding neighborhood, provided the necessary improvements are made to the street corridor along Riverside Drive and Myrtle Avenue. Traffic and pedestrian circulation: The proposed rezoning will allow a considerable increase in residential density and new pedestrian -oriented commercial and mixed-use buildings. The subject property fronts on Riverside Drive and Myrtle Avenue. One of the objectives of the Riverfront Crossings Plan is to create high quality mixed-use neighborhoods with tree -lined streets and safer conditions that encourage walking and biking. Riverside Drive is a high- volume, 4 -lane arterial street that is also a State highway. The public right-of-way in this location is only 63 feet wide. With the wide traffic lanes, higher traffic speeds, excessive number of driveways and no on -street parking to buffer the pedestrian area, there is not enough space between the street curb and the front property line of abutting properties to achieve a safe and Page 3 of 6 comfortable environment for pedestrians. In much of the corridor the limited space does not leave enough room for any landscape buffer between the sidewalk and the travel lanes along the street and in some cases not even enough space for a sidewalk. Lack of street trees and an excessive number of driveways further degrade the pedestrian environment along the corridor. As mentioned, the City is planning improvements to the corridor to construct a pedestrian tunnel through the railroad embankment located to the south of the property, extend a new sidewalk north to the intersection of Myrtle Avenue, and signalize the Myrtle/Riverside Drive intersection to improve pedestrian, bicycle, and traffic circulation in the area (See preliminary design, below). As properties are rezoned along Riverside Drive, staff recommends requiring a dedication of land to improve conditions for pedestrians and to ensure that the streetscape and frontage area improvements required in the Riverfront Crossings form -based code can be achieved. The cross-section in the South Riverside Drive Streetscape Master Plan (see below) calls for a minimum of 20 feet between the street curb and the front property line. This pedestrian area would include a 6 -foot sidewalk, 8 -foot wide area for street trees, and 6 -foot wide area between the street curb and the trees for snow storage and utilities. Page 4 of 6 7 t. -. .a. �._� f a ,1 , 4r•• a -x• � . l ...9 moi. .. .. .fin, . _. ""��.1sY f �� d �» � \ �• ♦ ,Q .. ., �.�-.�� � � �I� " „ .r. Ky ," ,.. .+` i rr- 3 i ij nr �f�—� j� +�. r { a � �� a (. � � . ' � ! ��.y. � i .S � �:u� a+ �i�f-i � '..rr�..��,,,,,,IrJJ� 1r k;.. t wrY:� i`ylr.( z Gr���i lii�.i. � f��.;ilr�er The applicant has agreed to enter into a conditional zoning agreement to dedicate land along the frontage of the subject property to create a right-of-way that achieves the minimum requirements specified in the streetscape master plan and the improvements necessary for signalization of the intersection and also to reduce the number and location of driveways to be consistent with the City's access management standards. These modifications to the street corridor will improve conditions for future residents and businesses that live or do business on the subject property. To improve traffic safety, staff recommends requiring closure of several of the existing driveways in concert with the City's streetscape project or prior to issuance of a building permit, whichever occurs first. At a minimum the two driveways closest to the intersection of Myrtle and Riverside should be closed to bring the site into compliance with the City's access management standards. With regard to the southernmost driveway on Riverside Drive, depending on the type of building and the uses proposed, some limited access, such as a right -out may be acceptable to support a ground level commercial use on this corner. If, however, a 100% residential building is proposed, then access should be restricted to the westernmost Myrtle Avenue driveway and all access points to Riverside Drive should be closed. Regardless of the type of project proposed, negotiation of a shared cross access easement between adjacent properties along this frontage may also provide good options for safe traffic circulation for all modes of transportation. Further traffic analysis will need to be conducted at the time a project is proposed to determine whether a driveway is appropriate on Riverside Drive and, if allowed, its design and location should be in accordance with the City's access management standards. STAFF RECOMMENDATION: Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring dedication of land along the Riverside Drive frontage to widen the pedestrian area within the public right-of-way to a minimum of 20 feet measured between the inside of the street curb and the new front property line, and closure of driveways consistent with the City's access management standards. These conditions should be satisfied coincident with the City's street improvement project or prior to issuance of a permit for any improvements to the subject property, whichever occurs first. ATTACHMENTS: 1. Location Map Approved by: _-76114 John Yapp, Develc Department of Neil vices Coordinator and Development Services Page 6 of 6 s.1 i as if Vo -6 j.. w A rezoning application submitted by 513 Riverside, LLC to rezone property at 513 S. Riverside Drive from Community Commercial (CC -2) to to Riverfront Crossings -West Rivefront Subdistrict (RFC -WR) N n CITY of IOWA CV 7 ,, Planning and Zoning Commission May 18, 2017 — Formal Meeting Page 2 of 6 Theobald asked if a translator will be present at the meeting when this item is discussed. Hektoen stated she believes the applicant is bringing a translator. Hensch moved to set a public hearing for June 1, 2017 on an application for a Comprehensive Plan amendment item CPA17-00005. Parsons seconded the motion. A vote was taken and the motion carried 6-0. REZONING ITEM (REZ17-00005): Discussion of an application submitted by 513 Riverside, LLC for a rezoning of approximately .62 -acres from Community Commercial (CC -2) zone to Riverfront Crossings -West Riverfront (RFC -WR) zone for property located at 513 S. Riverside Drive. Howard presented the Staff report and stated this property is located at the corner of Riverside Drive and Myrtle Avenue, which is at the very north edge of the Riverfront Crossings West Riverfront Zone. The property to the north is owned by The University of Iowa and they have not indicated their future use of the property. To the west are some high density multi -family properties and the other properties surrounding the area are zoned Community Commercial (CC -2). Howard explained that one of the goals of the Riverfront Crossings Plan for this area is to improve conditions along Riverside Drive for pedestrians and to improve the aesthetics of the corridor, so when an upzoning to Riverfront Crossings zoning is requested, the City has been requesting additional property to widen the pedestrian area along street frontages. This particular property has a poor frontage condition. There is no sidewalk, and very little room between the travel lanes and the private property to even provide a safe sidewalk to support the new residential and commercial uses allowed by the proposed rezoning. The current zoning of Community Commercial (CC -2) is not compatible with the Riverfront Crossings Master Plan as it allows low -scale commercial development, limited housing above the commercial, and a very auto -oriented area. Therefore, with additional land to enhance the public area along the street to make it safe for future residents and customers, the change to Riverfront Crossings Zoning is the appropriate zoning for the area. With regards to the compatibility with the neighborhood, rezoning this property will bring the property closer to compliance with the future vision for the area. Howard stated the largest issue for this property is to make sure any new development has the kind of pedestrian facilities necessary to support it. Howard showed images from the Riverfront Crossings Streetscape Master Plan that was adopted last year. Riverside Drive is a State highway, there is no on - street parking, and it has higher speeds than a typical residential or commercial street in the downtown area. It is currently a four -lane arterial street with only about 60 feet of street right-of- way. The City is planning improvements to the corridor to construct a pedestrian tunnel through the railroad embankment located to the south of the property, extend a new sidewalk north to the intersection of Myrtle Avenue, and signalize the Myrtle/Riverside Drive intersection to improve pedestrian, bicycle, and traffic circulation in the area. Howard stated that as properties are rezoned along Riverside Drive, staff recommends requiring a dedication of land to improve conditions for pedestrians and to ensure that the streetscape and frontage area improvements required in the Riverfront Crossings form -based code can be achieved. The cross-section in the South Riverside Drive Streetscape Master Plan calls for a minimum of 20 feet between the street curb and the front property line. This pedestrian area would include a 6 -foot sidewalk, 8- Planning and Zoning Commission May 18, 2017—Formal Meeting Page 3 of 6 foot wide area for street trees, and 6 -foot wide area between the street curb and the trees for snow storage and utilities. The applicant has agreed to enter into a conditional zoning agreement to dedicate land along the frontage of the subject property to create a right-of-way that achieves the minimum requirements (the 20 feet) specified in the streetscape master plan and the improvements necessary for signalization of the intersection and also to reduce the number and location of driveways to be consistent with the City's access management standards. The applicant has agreed to close the driveways closest to the intersection that don't meet current access management standards. This should improve safety for pedestrian, bicyclists, and for drivers. Howard explained that it may also be necessary to close the other driveway on Riverside Drive, but depending on what the applicant chooses to do with the property (whether it is just commercial or mixed-use), that a right -out only driveway might work. Howard explained that the developer doesn't have a concept plan for the property at this time because the applicant is unsure whether the project will be solely a commercial building or a mixed use building. Since the form -based zoning standards in the Riverfront Crossings code will ensure that the building is built in a manner consistent with the goals for the Riverfront Crossings Master Plan and there is an imminent City project planned to improve conditions along Riverside Drive, In addition, the developer is supportive and will participate in helping to achieve a safer and more pleasant environment along the street to support future redevelopment. Therefore, staff is supportive of the rezoning. Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring dedication of land along the Riverside Drive frontage to widen the pedestrian area within the public right-of-way to a minimum of 20 feet measured between the street curb and the new front property line, and closure of driveways consistent with the City's access management standards. These conditions should be satisfied coincident with the City's street improvement project or prior to issuance of a permit for any improvements to the subject property, whichever occurs first. Hensch asked if there was an anticipated date or year when the street improvement project will be complete. Howard stated it is under design currently and is budgeted for 2018. The City is currently negotiating with the railroad for the pedestrian underpass. Freerks asked if negotiations are complete with the other property owners to the south closer to the railroad tracks so that the sidewalk improvements can be completed. Howard is unsure if what conversations have taken place so far. However both property owners were contacted by the City during the design of the Streetscape Master Plan. Hensch asked if this was as far north as the Riverfront Crossings Plan goes. Howard answered yes as everything to the north is University property. Signs stated he did have a conversation with the applicant several months ago when they first bought the property as he was expressing an interest in possibly doing some affordable housing there and Signs directed him to the appropriate staff to have those conversations. Freerks opened the public hearing Planning and Zoning Commission May 18, 2017—Formal Meeting Page 4 of 6 Charlie Graves (13 Woodcrest Lane NE) stated he just closed on the property about three weeks ago. Kum & Go, the previous owner, was required to make sure it was a clean site as part of the purchase agreement and the DNR just gave clearance. Graves has been in conversations with the City and is aware of their planned improvements to the area and until he knows exactly where his boundaries area and the setbacks required he cannot design a project. They are imagining a commercial use or multi -use building for the property. Martin asked if they are also purchasing 517 Riverside Drive or what the overall plan for the area might be. Graves said there have been preliminary conversations with that property owner but the owner doesn't wish to sell and the tenant of that property just signed a multi-year long- term lease extension. Martin asked then if the entrance/exit to his property then would be on Myrtle Avenue and Graves confirmed that but said that they are exploring a right out only onto Riverside Drive as well. Parsons asked if the right -out only drive would directly abut the neighboring property or would a buffer be maintained between the properties. Graves noted there are some Department of Transportation requirements that a driveway be so many feet from a signal, so if there is a drive they would try to have it as far from the intersection as possible. They would do their best to maintain the buffer between properties. Hektoen noted that Riverside Drive is a State Highway so any access points will have to be approved by the Department of Transportation. Howard stated that additionally the City also has access management requirements and this will all have to be reviewed once a development plan is proposed. Graves added the timing on this project is such that it takes them about six months to a year to plan a project and get it designed. Therefore, it is imperative that they can get started so they can work in parallel with the City doing the street improvements. Freerks asked what the distance for building required would be from the RM -44 that is to the west. Howard said the setback would be 10 feet from the adjacent property. Freerks asked if there was any stepping required due to height. Howard stated that the stepping in the West Riverfront Crossings is required only where a property abuts a single family zone. Freerks noted her concern about not having a concept plan prior to approving this zoning change, but acknowledged that approval of the rezoning at this time would be beneficial to working together to achieve the necessary pedestrian improvements. Graves noted that to draw up a concept plan and present something to investors they have to be sure the footprint they are working with is correct, and in this case could not do so without knowing the zoning is approved and what the setbacks required will be. Freerks understands that for this case, but cautions that is not something the Commission will necessarily relax on in the future. Freerks closed the public hearing Hensch moved to approve REZ17-00005 subject to the conditional zoning agreement as outlined in the Staff Report. Martin seconded the motion Planning and Zoning Commission May 18, 2017—Formal Meeting Page 5 of 6 Hensch noted he feels it is a great step up to go to a Form -Based Code in this area as the current layout is extremely dangerous for pedestrians and vehicles. The applicant dedicating the land for the improvements is much appreciated and needed. Signs added that the lot has a steep hill behind it and the neighboring properties are much higher so if a future building is taller on this site, it will not look out of place or be a hindrance. Several others on the commission noted their agreement that the sloping site will help to mitigate concern about a taller building on the site. A vote was taken and the motion carried 6-0. CONSIDERATION OF MEETING MINUTES: MAY 4, 2017 Hensch moved to approve the meeting minutes of May 4, 2017. Theobald seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. ADJOURNMENT: Martin moved to adjourn. Parsons seconded. A vote was taken and motion carried 6-0. N C= Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 f CM)005)� n� 1 ORDINANCE NO. r rn AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES-SOF LAND qi COMMUNITY COMMERCIAL (CC-2) ZONE TO RIVERFRONT CROSSINGS — WEsir RLVERFRdNT (RFC-WR) ZONE FOR PROPERTY LOCATED AT 513 RIVERSIDE DRIVE (REZ17-O6605) o WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as 513 Riverside Drive from Community Commercial (CC-2) zone to Riverfront Crossings — West Riverfront (RFC- W R) zone; and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings; and WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density residential living and pedestrian-oriented commercial uses; and WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage development that is of a scale and design to achieve the desired development character described in the Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings, and require provision of affordable housing; and WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form- based zoning code; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive and close driveways that do not meet the City's access management standards will be necessary as well as the provision of affordable housing options; and WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC-WR, the owner must enter into an agreement with the City establishing how the owner will provide affordable housing when the property is redeveloped; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access management standards, and provision of affordable housing; and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Community Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. Ordinance No. Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, 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 Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of .2017. MAYOR ATTEST: CITY CLERK Approved by Attorneys Office N _O : > �� c s ' M 0 Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00005) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners"). WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of property locally known as 513 S. Riverside Drive in Iowa City; and WHEREAS, the Owners have requested the rezoning of the subject properties from Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); and WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Riverside Drive is currently an auto -oriented arterial street with high traffic volumes and higher speeds and little to no space within the public right-of-way for pedestrians and bicycles and with an excessive number of driveway access points that further increase potential traffic conflicts between all modes of travel; and WHEREAS, the increased density of residential living and urban commercial intensity allowed with the RFC -WR zoning will result in the need for an improved "public realm' along Riverside Drive, including improved streets with safer and more attractive areas for people to walk and bike; and WHEREAS, the requested rezoning will allow a significant increase in the residential population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will be needed; and WHEREAS, certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including the need for a safe, attractive, and comfortable environment for residential living and improved streets that will encourage walking and biking and improve traffic safety; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for safe traffic circulation upon redevelopment, the requested zoning is consistent with the Comprehensive Plan; and, WHEREAS, the high percentage of housing cost -burdened households is the most common housing problem within the City of Iowa City, and one of the primary areas where people face housing affordability challenges is near the University campus and the City's urban core; and, WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing and planned mix of uses, convenient access to public transit and municipal parking facilities; and WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a walkable, pedestrian -friendly area where residents can work, live and play, and will increase the need for housing that is affordable to the workforce; and WHEREAS, the rezoning to RFC -WR will allow residential development at a density not previously permitted; and, WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to a riverfront crossings zoning designation, the property owner must enter into an agreement with the city to establish which method or methods the Developer will use to prpvide Ie required affordable housing. L NOW, THEREFORE, in consideration of the mutual promises containe� fi�Erei� the -p ties r ;D� z m 1 of 4 0 0 agree as follows: 1. Owners are the collective the legal title holders of the property legally described as follows: IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING. 2. The Owners acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan, and the Owners intend to comply therewith. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners agree that development of the subject property will conform to all requirements of the zoning chapter, as well as the following conditions: Prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, land shall be dedicated to the City along Riverside Drive to improve conditions along the street necessary for the increase in pedestrians and bicyclists anticipated with the rezoning according to the goals and objectives of the Riverfront Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot wide pedestrian area between the new front property line and the street curb along the Riverside Drive frontage, including at the corner of Riverside Drive and Myrtle Avenue; b. Prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the two driveways closest to the intersection of Riverside Drive and Myrtle Avenue shall be closed and the area subsequently restored and improved for pedestrian use. In addition, prior to issuance of any permit for any improvements to the subject property or coincident with the City's street improvement project, whichever occurs first, the southernmost driveway on the Riverside Drive frontage shall be evaluated according to the City's access management standards as set forth in Article 14-5C of the City Code of Iowa City, with the City reserving the right to close or move driveway access points, or reduce to a single directional drive (such as right -out only), in compliance with said standards; c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-Qe owner - occupied dwelling units, on-site rental dwelling units, and/or tt payrmc?nt of a fee in lieu of the remaining dwelling units not provided on-site or 011henuise m�Q�e,ed to between Owner and the City in an affordable housing agrPyen*nt ntered to prior to issuance of a building permit for development of any n df the e - described property. t� o m M 2 of 4 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 7. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owners' expense. Dated this day of CITY OF IOWA CITY 2017. OWNERS James Throgmorton, Mayor By: 513 Riverside, LLC Attest: N _O Julie Voparil, Deputy City Clerk =c-) ig Approved by: t o= = v City Attorney's Office o CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 3 of 4 This instrument was acknowledged before me on 2017 by James Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 513 Riverside LLC. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 4of4 a 513 RIVERSIDE, LLC ACKNOWLEDGMENT: —' STATE OF IOWA ) ) ss: JOHNSON COUNTY) o _ This instrument was acknowledged before me on 2017 by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of 513 Riverside LLC. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 4of4 I NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 201" day of June, 2017, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 926 East Davenport Street, also described as part of Outlot 8 in Original Town, Iowa City, Iowa, to an income -eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. JULIE VOPARIL, DEPUTY CITY CLERK CITY OF IOWA CIT COUNCIL ACTION REPO June 6, 2017 Resolution authorizing conveyance of a single family home located at 926 East Davenport Street Prepared By: Lucy Joseph, Code Enforcement Specialist Reviewed By: Tracy Hightshoe, Neighborhood Services Coordinator Doug Boothroy, NDS Director Geoff Fruin, City Manager Fiscal Impact: The assessed value of 926 E. Davenport at the time of purchase was $163,320. The sales price of the home is $194,000. There will be no impact on the general fund for ongoing operating expenses. Recommendations: Staff: Approval Commission: NA Attachments: Resolution Executive Summary: On June 20, 2017, City Council will hold a public hearing and vote on a resolution authorizing the conveyance of 926 E. Davenport as part of the UniverCity Neighborhood Partnership Program. Once this home is sold, this will be the 58th home sold under the program. Background / Analysis: Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 926 E. Davenport St. for $194,000. City funds were used to rehabilitate and sell the home to an eligible homebuyer. Renovations included electrical work, plumbing, repainted interior walls, insulation in the attic, new roof, new water heater, furnace and air conditioner, new light fixtures, carpeting on stairs and bedrooms, updated bathroom, refinished the wood floors in the dining and living room, and new cabinets and counters in the kitchen. The cost of renovations (up to $50,000) is not included in the sale price. The home is required to be owner -occupied for 20 years. Built in 1900, this house has 1,392 square feet of living space, includes three bedrooms, one bathroom, detached two -car garage and a large backyard. This home is located on a street where there are many rental properties. The renovated home will be an asset to the neighborhood and community. Staff recommends approval of the resolution to authorize the conveyance of 926 E. Davenport St. as part of the UniverCity Neighborhood Partnership program. 'r CITY OF IOWA CITY ^� COUNCIL ACTION REPORT 926 E. Davenport — Before 926 E. Davenport — After Renovations KW S z 1dd I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A SI LOCATED AT 926 EAST DAVENPORT STREET. WHEREAS, the UniverCity Neighborhood Partnership University of Iowa and the City to encourage home ow neighborhoods surrounding the, University of Iowa; and WHEREAS, the City purchases r tal units located in the University of Iowa, rehabilitates em, and then sell: WHEREAS, the City purchased and r habilitated a Davenport Street, Iowa City; and WHEREAS, the City has received an offe top ch; principal sum of $194,000; and WHEREAS, this sale would provide affordable usin University of Iowa; and WHEREAS, on June 6, 2017, the City Cc cil ado e interest in 926 East Davenport Street, au orizing pu and setting the date and time for the publi hearing; an: FAMILY HOME n is a joint effort between the and reinvestment in designated nated neighborhoods surrounding to income -eligible buyers; and family home located at 926 East 926 East Davenport Street for the in a designated area surrounding the I a Resolution proposing to convey its is notice of the proposed conveyance, WHEREAS, following the public hearirid on the propose\ing ce, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOL' IED BY THE CITYOF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayorty Clerk are authorized to execute a warranty dee conveying the City's inEast Davenport Street, legally described as part,of Outlot 8, Original Town, a.2. The City Attorney is hereby authorized to deliver sade and to carry out any actions necessary to consummate the conveyance required by law_ -< i _ oo < �7 }M :a: l J rj I Publish 6/6 NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED RIVERSIDE DRIVE URBAN RENEWAL PLAN, AMENDMENT NO. 3 IN THE CITY OF IOWA CITY, IOWA The City Council of the City of Iowa City, Iowa will hold a public hearing at its meeting on June 20, 2017 which commences at 7:00 P.M. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk to consider adoption of the Riverside Drive Urban Renewal Plan, Amendment No. 3 (the "Plan") which adds the following projects to the Plan: streetscape improvements on Riverside Drive, west riverbank stabilization and trail project, Iowa River Trail from Benton to Sturgis Park, and the intersection signalization of Myrtle and Riverside Drive. A copy of the plan is on file for public inspection in the office of the City Clerk, City Hall, Iowa City, Iowa. The City of Iowa City, Iowa is the local agency which, if such Plan is approved, shall undertake the urban renewal activities described in such Plan. The general scope of the urban renewal activities under consideration in the Plan is to assist qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further development of the Urban Renewal Area, the plan provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may install, construct and reconstruct streets, parking facilities, open space areas and other substantial public improvement, and may acquire and make land available for development or redevelopment by private enterprise as authorized by law. The Plan provides that the City may issue bonds or use available funds for such purposes and that tax increment reimbursement of such costs will be sought if and to the extent incurred by the City. Any person or organization desired to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of Iowa City, Iowa, as provided by Section 403.5 of the State Code of Iowa. Dated this 6th day of June, 2017. s/Julie Voparil Deputy City Clerk, Iowa City, Iowa (END OF NOTICE) Ott� A M0"� CITY OF IOWA CIT 17 COUNCIL ACTION REPO June 20, 2017 Resolution approving amendment No. 3 to the Riverside Drive Urban Renewal Plan to add area to the urban renewal area. Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: No Impact Recommendations: Staff: Approval Commission: N/A Attachments: Resolution approving Amendment #3 to Riverside Drive Urban Renewal Plan Amendment #3 Amendment #3 Riverside Drive Urban Renewal Plan Executive Summary: Any urban renewal activities undertaken in an urban renewal area must be included in the respective urban renewal plan. Amendment #3 of the Riverside Drive Urban Renewal Area a) enables the City to elect to use tax increment financing created by new value in the district for four public improvement projects aligned with plan goals, and b) adds the area known as the Orchard Subdistrict from the Riverfront Crossings Master Plan to the Riverside Drive Urban Renewal Area. The four projects include streetscape improvements on Riverside Drive, west riverbank stabilization and trail project, building the Iowa River Trail from Benton to Sturgis Park, and the intersection signalization of Myrtle and Riverside Drive. The streetscape improvements in the Riverside Drive corridor will improve the attractiveness of the neighborhood and encourage investment which will increase the property tax base of the district. The trail and signalization projects will enhance walkability and safety for all who traverse the neighborhood. Background / Analysis: This report also documents the required processes following adoption of a resolution of necessity, including the public notice given of a public hearing and consultation meeting with other taxing entities prior to adopting an amendment to an Urban Renewal Plan. • Resolution of Necessity A Resolution of Necessity (resolution #17-172) to consider Amendment #3 to the Riverside Drive Urban Renewal Plan was adopted by City Council on May 16, 2017. • Consultation with Taxing Entities On May 17, 2017 a meeting notice and invitation were sent for a consultation with the City of Iowa City and the other taxing entities, Johnson County and the Iowa City Community 1 1 CITY OF IOWA CITY NP matt COUNCIL ACTION REPORT School District, concerning the proposed Amendment #3 to the Riverside Drive Urban Renewal Area. The consultation was held on June 1, 2017 at 12:00 p.m. in the City Managers Conference Room in City Hall. No one from the Johnson County Board of Supervisors or the School District attended. State law requires that the taxing entities must submit any written recommendations for modification regarding the proposed division of revenue within 7 days after the consultation. There were no submissions. • Notice of Public Hearing On June 6, 2017, notice of a Public Hearing to be held June 20, 2017 on Amendment #3 to the Riverside Drive Urban Renewal Plan was published in the Iowa City Press Citizen. Resolution of Necessity May 16, 2017 Consultation with taxing entities June 1, 2017 Public Hearing Today Adds area: Orchard District Myrtle St. intersection Adds Public Improvement projects giving us the OPTION of using TIF to help pay for: • Riverside Drive streetscape • West Riverbank stabilization • River Trail between Benton & Sturgis Park • Myrtle signal at Riverside Riverside Drive Urban Renewal Area As Amended ® Original Urban Renewal Area ® 2017 Amended Urban Renewal Area Iowa River Fed 0 JW M] I NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR HAPPY HOLLOW PARK RESTROOM AND SHELTER REPLACEMENT PROJECT IN THE CITY OF IOWA CITY. IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Happy Hollow Park Restroom and Shelter Replacement Project in said City at 7 p.m. on the 20t day of June, 2017, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. JULIE VOPARIL, DEPUTY CITY CLERK S:WEGWovommeM BWWIn s o Fo hti MwuganvaWmJmsVl H w Pm P W H¢Lmn eN stage rt{4mnad przgarf�FmN eMs atl m Eoamxdith fa HAPPY HOLLOW PAW( RESTROOM Alm 5!ffL REPIACEM PROJECT MWMn T 05117 NPH -1 r CITY OF IOWA CIT COUNCIL ACTION REPO June 6, 2017 Resolution setting a public hearing on June 20, 2017 on plans, specifications, form of contract, and estimate of cost for the construction of the Happy Hollow Park Restroom and Shelter Replacement 2017 Project, directing City Clerk to publish notice of said hearing, and directing the City Engineer to place said plans on file for public inspection. Prepared By: Juli Seydell Johnson, Parks & Recreation Director Reviewed By: Dave Panos — Senior Civil Engineer, Jason Havel - City Engineer, Ron Knoche - Public Works Director, Geoff Fruin - City Manager Fiscal Impact: The estimated cost for this project is $182,250 and will be funded with CIP projects R4192 and R4130 . Recommendations: Staff: Approval Commission: Park Commission reviewed project and recommended approval on March 8, 2017. Historic Preservation Commission reviewed and approved project on April 13, 2017. Attachments: Resolution, Shelter and Restroom Renderings Executive Summary: This agenda item begins the bidding process for the Happy Hollow Restroom and Shelter Replacement Construction Project 2017. Background / Analysis: This project replaces an aging combination restroom, shelter and storage structure at Happy Hollow Park with a restroom and shelter. A neighborhood meeting was held on May 25, 2016 with approximately 25 residents attending. The design of the restroom and shelter includes architectural features and finish choices which fit the character of the historic neighborhood surrounding the park. The Historic Preservation Commission reviewed and approved the project on April 13, 2017. The architecture, materials and color choices were made to reflect and enhance the historic neighborhood of the park. Only the shelter and restroom are being replaced at this time. The ball field, playground, basketball court and open field area will not change. Project Timeline: Set Public Hearing — June 6, 2017 Hold Public Hearing — June 20, 2017 Bid Letting —July 12, 2017 Award Date —July 18, 2017 Construction Start — July 21, 2017 (Expected completion by October 20, 2017) so,' 1� T& ecrea%on Happy Hollow Shelter/Restroom Project Alm lid t: riq� 4 � _ ... n .i:v k u�1kA_iYHf�ilildx.�.�Y*�ihY4�R���,�i�LyHi BY'pSMhW { nn� il a T"S I Cron Happy Hollow Shelter/Restroom Project