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HomeMy WebLinkAbout2017-09-05 OrdinancePrepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00012) ORDINANCE NO. 17-4721 AN ORDINANCE REZONING 2500 SQUARE FEET OF PROPERTY FROM PLANNED HIGH DENSITY MULTI -FAMILY RESIDENTIAL (PRM) ZONE TO RIVERFRONT CROSSINGS — CENTRAL CROSSINGS (RFC -CX) ZONE FOR PROPERTY LOCATED AT 114 E. PRENTISS STREET (REZ17- 00012) WHEREAS, the applicant, Roby Miller, has requested a rezoning of property locally known as 114 E. Prentiss Street from Planned High Density Multi -Family Residential (PRM) zone to Riverfront Crossings — Central Crossings (RFC -CX) zone; and WHEREAS, the subject property is located in the Central Crossings 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 Central Crossings subdistrict, including promoting a mix of housing options and improving the quality of residential design; and WHEREAS, the zoning standards that apply in the Central Crossings 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 encouraging reinvestment in existing properties; and WHEREAS, the proposed zoning will allow conversion and re -use of an existing building on a very small property into a duplex; WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning designation of Planned High Density Multi -Family Residential (PRM) Zone to Riverfront Crossings -Central Crossings (RFC -CX) Zone: COUNTY SEAT ADDITION E 50' OF S 50' LOT 5 BILK 8 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. 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 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 5th day of September , 2017. L, MA R APPROVED BY: ATTE i ?JCti� i. /c 2 nrz��z CITY CLERK CITY ATTORNEY'S OFFICE'�� ��� Ordinance No. 17-4791 Page 2 It was moved by Mims and seconded by Dickens Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: First Consideration 08/15/2017 Vote for passage: AYES: Mims, Botchway, Cole. NAYS: Non Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton Taylor, Thomas, Throgmorton, None ABSENT: Dickens 09/14/2017 that the 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 suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. To: Planning and Zoning Commission Item: REZ17-00012 114 E. Prentiss Street GENERAL INFORMATION: STAFF REPORT Prepared by: Sylvia Bochner, Planning Intern Date: July 20, 2017 Applicant: Roby Miller 105 Iowa Avenue, Suite 231 Iowa City, IA 52240 Contact: Requested Action Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Same as above Rezone from Planned High Density Multi -Family Residential (PRM) zone to Central Crossing Subdistrict (RFC -CX) zone 09-05-17 5a To allow for conversion of the property into a duplex 114 E. Prentiss St. 2,500 square feet Vacant Two-story office building (PRM) North: Multi -Family Residential (PRM) South: Multi -Family Residential (PRM) East: Public Parking Facility and Multi -Family Residential (RFC -CX) West: Multi -Family Residential (PRM) Riverfront Crossings District July 3, 2017 August 17, 2017 The applicant, Roby Miller, has requested a rezoning from Planned High Density Muiti-Family Residential (PRM) zone to Riverfront Crossings Central Crossings (RFC -CX) zone for a 2500 square foot property at 114 E. Prentiss Street. The property is located within the Riverfront Crossings Central Crossings subdistrict. The current two-story building on this property was built in 1961 as an office building with four units of residential. At that time, the area was in the Central Business Service (CB -2) zone. In 1989, an Islamic Mosque acquired the building and received a Special Exception to change the use of the property to Religious/Private Group Assembly use. As an effort to eliminate the CB -2 zone as part of the 2005 rewrite of the zoning code, all properties south of Burlington Street that were zone CB -2 were rezoned to other zoning designations. In this case, the property was rezoned to Planned High Density Multi -Family Residential (PRM) to be consistent with zoning of the surrounding properties. In 2006, Shelter House began to use the building as office space, but the use of the property did not change from Private Group Assembly use. Shelter House has since stopped using the building and it has been vacant for some time. Along with their application, the applicant has submitted a concept drawing of the proposed improvements. They would like to convert the existing building into a duplex with one unit on each floor. They would also like to remove pavement in the side yard and add landscaping to provide more open space for residents, repaint the exterior, and modify the building so that the front entrance faces the street and the address is clearly marked. The applicant did not hold a Good Neighbor meeting because of the small scale of the project. ANALYSIS: Current zoning: The current Planned High Density Multi -Family Residential (PRM) zoning is intended for the development of high-density multi -family housing in close proximity to centrally located employment, educational, and commercial uses. This zone is primarily intended for multi- family housing and is one of the few residential zones where single family and duplexes are not allowed. This zoning has been problematic for this property since the mosque use left. The property is nonconforming in a number of ways, including minimum lot area, setbacks, and parking. Proposed zoning: The proposed zoning, Riverfront Crossings Central Crossings Subdistrict (RFC -CX), is intended for moderate intensity mixed use development in buildings with entries opening onto pedestrian friendly streets. This zone allows most uses that would be allowed in the CB -5 zone, with some exceptions. Allowed uses include commercial uses such as offices, retail, and restaurants, along with educational and religious uses. In addition, residential uses are permitted in a wide variety of building types. A duplex would be a permitted use in this zone. The maximum building height in this zone is four stories, with a fagade stepback above the third story. An additional four stories are available through bonus height provisions. However, due to the small size of the property, redevelopment possibilities would be very limited. Therefore, the applicant plans to renovate the existing building into two residential units and make improvements to the site to bring it into general conformance with the Riverfront Crossings form -based zoning code. 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 Central Crossings Subdistrict of Riverfront Crossings. One of the major goals for this subdistrict is to provide a wide range of housing options for people to live in a mixed-use neighborhood that is within walking distance to downtown and the university campus. This property, when converted into a duplex according to Riverfront Crossings standards, would contribute to this goal as an adaptive re -use of an existing building to provide new housing options in the area. Additionally, the proposed improvements to the property will enhance the area's pedestrian character and bring the property closer into conformance with the Riverfront Crossings form -based zoning. Compatibility with neighborhood: The properties surrounding the subject property include apartment buildings and townhouses, including some that have been built recently following Riverfront Crossings standards, older houses that have been converted into apartments, and some commercial uses. Riverfront Crossings -Central Crossings zoning will allow this property to redevelop in order to be compatible with the future character of this area. Conversion of this property into a duplex will be compatible with the mixed use and multi -family character of the neighborhood. Traffic implications: When converted into a duplex, this property will have few traffic implications. It will be served by existing streets that provide good traffic circulation and is within walking and biking distance to Downtown and the University of Iowa campus. When converted into a duplex, the property will not be required to provide parking on site. The current office use requires 6 parking spaces (1 space for every 300 square feet of floor area). Under RFC -CX zoning, a two-bedroom unit requires 1.5 parking spaces and a three-bedroom unit requires 2.5 parking spaces. If both units in the proposed duplex had three bedrooms, a total of five parking spaces would be required. Because the proposed use would require fewer spaces than the current use, no additional parking spaces would be required. Given the location directly adjacent to the City's new parking facility, future tenants would be able to purchase a permit to park in the facility if they have a car. In addition to the public parking facility, there is also on -street parking available. STAFF RECOMMENDATION: Staff recommends approval of REZ17-00012, a proposal to rezone approximately 2500 square feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX). ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Applicant's concept plans Approved by: ppdadmiNstlrepldowmen@ —7 1__4 / John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services W_6 L, 4 S 0 0.005 0.01 0.02 Miles REZ17-00012 114 E. Prentiss Street F, 01 t J, 4, 5x air t IL ry Roby Miller mtiss Street k r Multi -Family Date Sylvia Bochum. i: Lily 2017 Proposed improvements: - Landscape clean up - Door facing street entrance Additional green space for tenants Clearly marked address Repaint exterior General clean up of entire property H O-71 �� v rC rn �► ;v Planning and Zoning Commission July 20, 2017—Formal Meeting Preliminary Page 6 of 9 Parsons moved to recommend the Commission forward to the City Council the following statement: The Planning & Zoning Commission recommends cooperation between Dubuque Street LLC (and successors), Idyllwild, the City and other property owners in the Idyllwild watershed to address and resolve stormwater issues. Theobald seconded the motion. A vote was taken and the motion passed 7-0. REZONING / DEVELOPMENT ITEM (REZ17-00012)• Discussion of an application submitted by Roby Miller, is for a rezoning of approximately 2500 square feet from Planned High Density Multi -Family Residential (PRM) zone to Riverfront Crossings Central Crossings Subdistrict (RFC -CS) zone for property located at 114 E. Prentiss Street. Bochner presented the Staff report noting the property is at the intersection of Clinton and Prentiss Streets. It is currently zoned Planned High Density Multi -Family Residential and the applicant proposed to rezone it to Riverfront Crossings Central Crossings Subdistrict. Bochner showed images of the property, it is currently a two-story building that was built in 1961 and used as an office building with four units of residential. In 1989, an Islamic Mosque acquired the building and received a Special Exception to change the use of the property to Religious/Private Group Assembly use but they stopped using the building and it has been vacant for some time. The applicant has submitted a concept drawing of the proposed improvements. They would like to convert the existing building into a duplex with one unit on each floor. They would also like to remove pavement in the side yard and add landscaping to provide more open space for residents, repaint the exterior, and modify the building so that the front entrance faces the street and the address is clearly marked. Bochner noted the proposed zoning, Riverfront Crossings Central Crossings Subdistrict is intended for moderate intensity mixed use development in buildings with entries opening onto pedestrian friendly streets. A duplex would be a permitted use in this zone. Because this is a very small parcel, opportunities for redevelopment are very limited. The surrounding neighborhood has a lot of apartments, including some that are new and developed to Riverfront Crossings standards. As a multi -family dwelling this property would be compatible. With regards to parking, Bochner noted in the building's prior use as office space the building would have required six parking spaces (but was grandfathered in to not having to provide those). When converted into a duplex it will require less than six spaces, and because the proposed use would require fewer spaces than the current use, no additional parking spaces would be required. Additionally the location is directly adjacent to the City's new parking facility, future tenants would be able to purchase a permit to park in the facility if they have a car or use on street parking. Staff recommends approval of REZ17-00012 a proposal to rezone approximately 2500 square feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX). Tammy Kramer (Blank & McCune Real Estate Company) is working as the agent for the Planning and Zoning Commission July 20, 2017 - Formal Meeting Preliminary Page 7 of 9 applicant, Roby Miller. Miller is a young entrepreneur and is very thoughtful and excited about this project. He only wants to improve the community. He recently purchased a home in Manville Heights he plans to do a total renovation of as well. Kramer believes this project will be a great addition to the downtown setting. Freerks closed the public hearing. Signs moved to approve REZ17-00012 a proposal to rezone approximately 2500 square feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX). Parsons seconded the motion. Freerks commented on how nice it was to see a renovation in this area and not a demolition. Theobald noted that she feels this will integrate nicely with the new buildings in this area, it is lovely. Dyer asked about parking and that there is no parking provided on the lot. Yapp confirmed there is currently no parking on the lot and there will be no parking on the lot after renovation. There is pavement behind the building where people do park but it is not official parking spaces. A vote was taken and the motion carried 7-0. CONSIDERATION OF MEETING MINUTES: JULY 6 2017 Signs moved to approve the meeting minutes of July 6, 2017 with edits. Parsons seconded the motion. A vote was taken and the motion passed 7-0.. PLANNING AND ZONING INFORMATION: Yapp noted they handed out a flyer, Opticos Design, the consultant who is doing the form -based analysis for the South District and Northside District. The next presentation is Monday, July 24 at the public library. Yapp said they have largely completed their analysis and will be presenting their draft conclusions and recommendations. They are still seeking feedback for the next few weeks after this presentation. Freerks asked how they plan to take these very different areas and make recommendations. Yapp said it will be two separate sets of recommendations. Dyer asked if the recommendations will be online to view. Yapp said the presentation will be filmed by the cable TV and will be on Channel 4 and the recording can then be streamed through the website. The PowerPoint of the presentation will be on the City's website. Theobald asked about the old Menards building and the zoning. Is it zoned commercial and will Kellie Fruehling From: Karen Howard Sent: Thursday, August 17, 2017 4:17 PM To: 'Roby Miller'; Kellie Fruehling Subject: RE: 114 E Prentiss Thanks, Roby. Kellie will make note of this in the next City Council agenda. -Karen From: Roby Miller [mailto:robymiller@gmail.com] Sent: Thursday, August 17, 2017 3:57 PM To: Kellie Fruehling Cc: Karen Howard Subject: 114 E Prentiss Iowa City Council Members, Thank you for approving the first step. I request expedited consideration of the rezoning of the property at 114 E. Prentiss Street to RFC -CX, so that I can proceed as quickly as possible with renovation and improvements to the site. Thank you, Roby Miller Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00013) Ordinance No. Ordinance rezoning approximately 0.20 acres of property from Central Business Support (CB -5) to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert Street. (REZ17-00013) Whereas, the applicant, Jesse Allen, has requested a rezoning of property located at 10 South Gilbert Street from Central Business Support (CB -5) to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP); and Whereas, this structure was originally constructed in .1907 as the Unitarian -Universalist Church, embodies a distinctive characteristics of Tudor -Revival architecture, and is historic in its association with Eleanor Gordon and her pioneering impact on the Unitarian ministry; and Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the Downtown district; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, and its distinctive architectural characteristics, and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning, has found that it meets the Downtown and Riverfront Crossings Master Plan goal of protecting the historic character of the Downtown district, and has recommended approval. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Central Business Support (CB -5) zone to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone: N 110' Lot 4, Block 44, Original Town, Iowa City, Iowa Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severabilitv. 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_. Ordinance No. Page 2 Mayor City Clerk Approved by: ,ttcclu �f�v� City Attorney's Office Yr i o 117 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 08/15/2017 Vote forpassage:AYES : Mims, Taylor, Thomas, Throgmorton, Botchway, Cole. NAYS: None. ABSENT: Dickens that the "Second Consideration 09/05/2017 Voteforpassage: AYES:Mims,Taylor, Thomas, Throgmorton, Botchway Cole, Dickens. NAYS: None ABSENT: None Date published r _ r�^.®�r CITY OF IOWA CIT 5b '-`'���� MEMORANDUM Date: August 3, 2017 To: Planning and Zoning Commission From: Sylvia Bochner, Planning Intern Re: Designation of 10 S. Gilbert Street as a Historic Landmark Background: The applicant, Jesse Allen with Aspen Ventures, is requesting Historic Landmark designation for 10 South Gilbert Street (former Unitarian Church), a property in a Central Business Support (CB -5) zone. Designation of the property as a landmark will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the adjacent property, which Aspen Ventures has an agreement to acquire eligible for certain zoning incentives. This building was originally constructed in 1907 as the Unitarian -Universalist Church. Following Unitarian -Universalist beliefs, the church is built in a residential style and does not include ecclesiastical exterior elements such as a steeple. The church was built in the Tudor -Revival style and has retained a high level of historic integrity. The church served the congregation of the Unitarian -Universalist Society of Iowa City until 2015, when they relocated to a larger facility in Coralville. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission will meet on July 31, 2017 and conduct a public hearing at which they will review and evaluate the historic significance of 10 S. Gilbert Street. It is anticipated that the commission's determination will be available for the August 3 Planning and Zoning Commission meeting. The attached Iowa Site Inventory Form and photos provide evidence and a discussion of the building's architecture and history. The building was constructed in 1907 and embodies the distinctive characteristics of Tudor -Revival architecture from the early 20th Century. A circa1954 addition to the south of the original building was removed in 2016. This exposed the south wall to public view. The building is also significant at the national level through its association with Eleanor Gordon and her pioneering impact on Unitarian ministry and Unitarian church architecture. She was instrumental in the acquisition of this property and the residential aesthetic direction of the building. As noted, designation of the property as an Iowa City Historic Landmark will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the larger property eligible for zoning incentives and special exceptions (Section 14-2B-8 of the zoning code) that allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Page 2 Council. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan. This property is located within the Downtown District of the Downtown and Riverfront Crossings Master Plan. One of the objectives of this district is to protect its historic character and preserve key historic buildings. The Unitarian -Universalist Church is identified as a key historic building in the Downtown and Riverfront Crossings Master Plan. The Downtown and Riverfront Crossings Master Plan indicates that density bonuses, waiver of parking requirements, and other incentives may be appropriate to encourage preservation of historic buildings in the Downtown District. Development of the property to the east, currently the City's parking lot, may receive a density bonus in exchange for preservation of the Unitarian -Universalist Church. The Historic Preservation Plan includes the goal of providing economic incentives to encourage the preservation of historic buildings. Under this goal the plan contemplates exemptions for zoning standards, such as parking requirements, to encourage the reuse of historic buildings. Landmark designation of this property with a density bonus to the adjacent property would contribute to this goal. The landmark designation sought by the applicant conforms with the goals of the Comprehensive Plan — preserving historic buildings in the downtown district while allowing higher density development on adjacent properties. Staff Recommendation: Staff recommends that REZ17-00013 an application to designate 10 S. Gilbert Street as an Iowa City Historic Landmark and rezone from CB -5 to CB-5/OHP (Historic Preservation Overlay) be approved, subject to the determination of the Historic Preservation Commission. Attachments: 1. Location Map 2. Iowa Site Inventory Form 3. Photographs 4. Memo to the Historic Preservation Commission Approved by: -7 All Department of Neighborhood and Development Services FqP y� o. �i17y1�11'r _� �• 3r! i~N r `Z r �w z� m y iIo T F' • ,IA,� 's PW � ,•. '.�'='<-.a ®,� ,a Nom„ E, P co e • An application submitted by Jesse Allen a to rezone 8,800 square feet of property located at 10 S. Gilbert Street from Central Business Support (CB -5) to CB -5 - Historic Landmark T .,r Zti � m C FSHINGT Z�[[�ON ST CITY OF IOWA CITY 4b CITY OF IOWA CITY MEMORANDUM Date: July 27, 2017 To: Historic Preservation Commission From: Jessica Bristow, Historic Preservation Planner Re: Local Landmark Designation for 10 South Gilbert Street- Former Unitarian - Universalist Church Applicant Jesse Allen, with Aspen Ventures, has requested that the property at 10 South Gilbert Street, the former Unitarian -Universalist Church be designated as an Iowa City Historic Landmark. Designation of the property as a Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will make the larger property (Aspen Ventures has an agreement to purchase the adjacent City -owned property) property eligible for certain zoning incentives. The enclosed re -zoning application, Iowa Site Inventory Form, email from Ginalie Swaim to City Council, and additional photos provide evidence and a discussion of the building's architecture and history. The building was constructed in 1907 as the Unitarian -Universalist Church, their third building in Iowa City. Following Unitarian -Universalist beliefs, the building resembles a large residence rather than a church and does not include typical ecclesiastical exterior elements such as a steeple. Built in the popular Tudor- Revival style, the building has retained a high-level of historic integrity. A circa 1954 addition to the south of the original building was removed in 2016. This exposed the south wall to public view. As specified in Section 14-3B & C of the zoning code, to qualify for designation as a Landmark, the subject property must meet approval criteria a. and b. and at least one of approval criteria c., d., e., or f.: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. Embodies the distinctive characteristics of a type, period, or method of construction; or represents the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction; f. Has yielded or may likely yield information important in prehistory or history. The Unitarian -Universalist Church meets criterion a. in its significance to Iowa City's architectural history. This church is the third location for the congregation in Iowa City and the second church built on this lot. The original plan may have been an adaption of a plan from the book Plans for Churches by Edwin J. Lewis Jr. and published in 1902 by the American Unitarian Association. At this time, church architecture favored a Gothic revival style based on the English July 27, 2017 Page 2 Gothic Perpendicular style with elements from the English Arts and Crafts, resulting in a style similar to Tudor -revival. Originally located on the periphery of downtown and surrounded by residential buildings, the Church appeared more like a large home in style than typical churches. Under criterion a. it is also significant on a national level through its association with Eleanor Gordon and her pioneering impact on Unitarian ministry and Unitarian church architecture. While Gordon was the Iowa City Unitarian Minister prior to the construction of the church, she was instrumental in the acquisition of the property and the residential aesthetic direction the building took in the Tudor -revival Style. According to Professor Cynthia Grant Tucker, Gordon agreed that there should be "homely touches" and spaces "arranged in the interest of family togetherness and comfort" (see email to Council from Ginalie Swaim). Elements important to Gordon were made manifest in the Church. The Church meets criterion b. in its original location and the integrity of the design. The original brick lower -level and stucco and half-timbered gable ends retain their original material. While glass and storm windows have been changed in some locations, many of the windows retain their original character. An entry addition, circa 1986, was sympathetically designed. With the circa 1954 southern addition removed, the church retains its historic architectural character. It is possible that additional research may show that the Church meets criterion d. because of the relationship to Eleanor Gordon (mentioned above) and Benjamin and Bertha Shambaugh. Gordon pioneered new ideas on Unitarian ministry and church architecture in the West and Midwest. Benjamin and Bertha Shambaugh were members and archivists for the Church when this building was built. Benjamin was the first Superintendent of the State Historical Society and the founder of the University of Iowa's Department of Political Science. Bertha was the head of the High School Biology Department and preeminent researcher and photographer of the Amana Colonies. The Unitarian -Universalist Church also meets criterion e. in that it embodies the distinctive characteristics of Tudor -Revival architecture from the beginning of the 20`h Century. The off - center T-shaped plan, or front -facing gable with side wing is a typical plan in the Tudor -Revival style. The brick construction with segmental arched lintels over the windows and doors, limestone capped buttresses, leaded glass with diamond-shaped panes, and stucco with vertical half-timbering in the gables are all elements of the style. The English Arts and Crafts influence can be seen most clearly in the triangular dormers which are an adaptation of the eyebrow dormer. The building retains other significant details such as the projecting band course in the brick at the level of the stone sills, dentil details at the band board under the gables, and the parapeted gable on the east end. Based on the information provided in the application, Site Inventory Form, and material provided by Ginalie Swaim, staff finds that the property meets criteria a, b, and a and therefore qualifies as a Iowa City Historic Landmark. Recommended Motion: Move to approve the designation of 10 South Gilbert Street (former Unitarian -Universalist Church) as an Iowa City Historic Landmark based on criteria a, b, and e. for local designation. Unitarian Universalist Church of Iowa City 10 S. Gilbert Street Iowa City, IA 52240 Legal Description: IOWA CITY (ORIGINAL TOWN) N 110' LOT 4 BLK 44 _ -:ft`s '�" ♦� Property Location Map: Applicant's Statement for Rezoning: As a significant piece of Iowa City history, and a prime example of one of the flew remaining Tudor Revival style buildings left in the city, designation of the Unitarian Church building at 10 South Gilbert Street to an historic landmark seems highly appropriate. Built in 1907, the church served the congregation of the Unitarian Universalist Society of Iowa City from 1907 to 2015 when the congregation made plans to relocate to a larger building in Coralville. The architectural drawings for the building were adapted from the book, Plans for Churches, by Boston architect Edwin J. Lewis Jr. The plans in the book were made to be adaptable to different congregation sizes and the book was published by the American Unitarian Association in 1902 and served as a model for numerous churches across the country at that time. In an article written by Susan Eberly for the church's Historical Records Committee, she notes that "the Iowa City Congregation opted for a larger footprint; it's also clear that it employed more luxurious building materials than what was call for the basic plan" and while many aspects of the building follow the plans from Lewis Jr, Eberly notes that "the false buttresses are rare, and the small roof windows are, as far as I know, unique to the Iowa City church. The Tudor Revival style employed by the architecture is characterized by the era when it was built, and mainly exterior architectural features. Tudor Revival style was popular during the early 2V century, and specifically the 1920's and 1930's in American residential architecture. Architectural elements most strongly linked to this style are half-timbering of beams on wall surfaces, typically infilled with painted stucco, narrow multi -pane windows, and multi -gabled roof structures. Decorative chimneys were also common. Tudor revival buildings very commonly incorporate masonry or masonry -veneered construction, stucco, half-timbered wood, and ornamental stonework. The Iowa City congregation set out to build a church that felt more like a house than a place of worship. This was to fall in line with Unitarian tradition of not expressing ecclesiastical symbolism, but also to blend in to the residential neighborhood which it sat. This was very much in line with the architectural style, predominately used for homes rather than places of worship or other public functions. The building anchors itself along Gilbert as one of the last non-residential buildings on the East side of downtown that has both local historical significance and architectural significance. Aside from it's unique aesthetics, the building has seen many Important Iowan's come through it's door, including Benjamin and Bertha Shambaugh, both members at the time the church was built and archivists for the Church. Benjamin's significance was built through his involvement with the Iowa State Historical Society as the first Superintendent of the organization, as well as the founder of the University of Iowa's Department of Political Science. Bertha Shambaugh also made her mark in the Iowa City area, not only with her involvement in the church, but as the head of the Iowa City High School's biology department, and later as the preeminent researcher and photographer of the Amana Colonies, a little known culture at the time. Preservation of this local history is contingent upon rezoning this property to an Historic Landmark. The continued appreciation of the story and local character of the building are extremely important to Iowa City's story. Rezoning to CB -5 Historic Landmark, will ensure this history is preserved for future generations to come. As part of the Development Agreement with the City of Iowa City and the Developer of the property, this property is required to be rezoned to Historic Landmark status in order to receive any building permits for the adjacent property. The adjacent development has made an agreement to preserve the church, and failure to rezone would make the adjacent development legally impossible putting the church in jeopardy of being demolished for future development. C1 v S Site Inventory Porm State Inventory No. 62-01739 ❑ New ® Supplemental State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.) (December 7, 1999) [IConntributes to a potential ntial istrict with Contributiyet et unknown boundaries National Register Status:(any that apply) LJ Listed ❑ De -listed ❑ NHL ❑ DOE 9 -Digit SHPO Review & Compliance Number ❑ Non -Extant (enter year) 1. Name of Property historic name Unitarian -Universalist Church other namestsite number 2. ocatron street & number 10 South Gilbert Street city or town Iowa Cit ❑ vicinity, county Johnson Legal Description: (If Rural)Township Name Township No. Range No. Section Quarter of Quarter (If Urban) Subdivision brioinal Town Block(s) 44 Lot(s) N 110' lot 4 3. State/Federal Agency Certification [Skip this Section] 4. National Park Service Certification [Skip this Section] 5. Classification Category of Property (Check only one box) Number of Resources within Pro ert 9 building(s) it Nan -Eligible Property if Eligi leProperty, enter number of ❑ distad Enter umberof Contributin oncontnbutin ❑ site 1 buildings _ _ buildings ❑ structure _ sites _ _ sites ❑ object _ structures _ _ structures objects _ _ objects 1 Total _ _ Total Name of related project report or multiple property study (Enter ON/K If the property Is not part of a muftlple property examination). Me Mdor&el Archifedural Date Base !dumber to City Central Business District Studv 52-040 5. Function or Use Historic Functions (Enter categories from Instructions) Current Functions (Enter categories from Instructions) OSA01 RELIGION/Church 06A01 RELIGION/Church O6D LATE 19th & EARLY 20th CENTURY REVIVALS/ Tudor Revival Narrative SEE CONTINUATION foundation 10 CONCRETE walls 09 BRICK & 06 STUCCO roof 08A ASPHALT/Shinole other WHICH MUST BE COMPLETED) Yes wNo ❑ More Research Recommended A Property is associated with significant events. Yes ® No ❑ More Research Recommended B Property is associated with the lives of significant persons. Yes R No ❑ More Research Recommended C Property has distinctive architectural characteristics. Yes JR No ❑ More Research Recommended D Property yields significant information in archaeology or history. County Johnson Address 10 South Gilbert Street Site Number 62-01739 City Iowa Cit District Number Criteria Conciderations 0 A Owned by a religious institution or used E A reconstructed building, object, or structure. for religious purposes. F A commemorative property. ❑ B Removed from Its original location. ❑ G Less than 50 years of age or achieved significance within the past ❑ C A birthplace or grave. 50 years. ❑ D A cemetery Areas of Significance (Enter categories from instructions) 27M RELIGION/Other Protestant Significant Dates Construction date 1907 ® check If circa or estimated date Other dates Significant Person ArchitecUSuilder (Complete if Natlonai Register Criterion B is marked above) Architect unknown Builder _ unknown Narrative Statement of Significance (® SEE CONTINUATION SHEETS, WHICH MUST BE 9. Major Bibliographical References Bibliography 19 see continuation sheet for citations of the books, articles, and other sources used in preparing this form 10. Geooraohic Data 11. Form Prepared By name/title Marius A. Svendsen organization Svendsen Tyler. Inc. date 91 000 street & number N3834 Deal) Lake Road telephone 715/469-3300 city or town Sarong state VJ zip code 54870 ADDITIONAL DOCUMENTATION (submit the following Items with the completed form) 1. Map: showing the property's location in a town/city or township. 2. Site plan: showing position of buildings and structures on the site in relation to public road(s). 3. Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society Is to be curator of the negatives or color slides, a photo/catalog sheet needs to be Included with the negatives/slides and the following needs to be provided below on this particular inventory site: RolVsride sheet # 95422 Framelslot # 24 Date Taken 10/29/99 Roll/slide sheet # Framelslot # _ Date Taken Roll/slide sheet # Frame/slot # Date Taken BSee continuation sheet or attached photo 6 slide catalog sheet for list of photo roll or slide entries. Photosfillustrations without negatives are also in this site Inventory file. FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1. Farmstead d District: (Dst of structures and buildings, known or estimated year buil!, and contributing or noncontributing status) 2. Barn: a. A sketch of the framettruss configuration in the form of drawing atypical middle bent of the barn. b. A photograph of the loft showing the frame configuration along one side. c. A sketch floor plan of the Interior space arrangements along with the barn's exterior dimensions in feet. Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-01739 Iowa Site Inventory Form Related District Number Continuation Sheet City 7. Narrative Descriotio This 1 %-story brick building was constructed In 1907 replacing an earlier 1 -story brick building originally constructed as the United Presbyterian Church sometime prior to 1883 at this site. The current building was constructed on this comer lot with dwellings to the south and east. In ca. 1954 a 3 -story office and classroom wing was added on the south side of the church. This building is designed In the Tudor Revival We more closely resembling the scale and form of a large residence than a church. The original building had an irregular T-shaped plan with an Intersecting gable roof and a raised basement. The long side parallels Iowa Avenue with a pair of contiguous gabled entrance porticos facing the avenue at the west end of the north facade. The original entrance doors were at the top of a series of steps. This arrangement has been replaced with a grade level entrance through the same opening. The lower level is constructed of a dark brown colored brick and the gable peaks are Gad In stucco with vertical halt timbering. Triangular dormer windows puncture the long roof slopes in order to Introduce additional light into the sanctuary. Window openings are set on stone sills with flat wood lintels or segmental brick arches. The openings include groups of narrow, fixed sash including triple windows set between the brick and stone buttresses. The south fagade is connected to a 3 -story brick and reinforced concrete wing by a 1 -story enclosed walkway that forms a small courtyard between the addition and the original church block The wing has a low-pitched gable roof with the gable end facing Gilbert Street. The original portion of the Unitarian Church complex measures 65' (north and south) and 80' (east and west). In keeping with modem Unitadan-Univefsalist beliefs, the building has not strong ecclesiastical symbolism Incorporated in the design and no steeple to readily Identify this building as a church. Once surrounded by dwellings, the building is now surrounded by parking lots. 8. Statement of Sionificance This building is a well-preserved example of the adaptation of the Tudor Revival style for a residential scale church building. Its simple, non -ecclesiastical appearance reflects the beliefs of its members. Though the office wing detracts from the building's original scale, the building remains sufficiently Intact to be Individually eligible for the National Register under Criteria C. it would also be eligible as a contributing structure to a historic district or conservation district. The Unitarian -Universalist Church is located along Iowa Avenue four blocks east of Old Capitol, a National Historic Landmark, and the Pentacrest, a National Register historic district. As originally laid out, Iowa Avenue provided a wide corridor extending to the east from Capitol Square and the Iowa Territorial Capitol. Its 120' width made Iowa Avenue the widest thoroughfare in the Original Town Plat. In later years after Capitol Square became part of the campus of the State University of Iowa, the campus was extended along the north side of Iowa Avenue. This was the third building occupied by the Unitarian -Universalist Society in Iowa City. The first was a small brick building facing Dubuque Street at the southeast comer of East Iowa Avenue. This site had been one of four quarter -block church reserves set aside in the Original Town Plat. The Universalist Church organized In 1841 erected this building and occupied it until fire claimed the building in 1868. The congregation built a new larger church at the northeast comer of Iowa Avenue and North Clinton Street. In 1878 the Universalists agreed to make their building available to the American Unitarian Association so long as regular services were sustained. In 1908 the State University of Iowa acquired the Universalist-Unfterlan Church building renaming it 'Unity Hall! Property Transfer Records show the lot containing the current church being acquired by the First Unitarian Society of Iowa City in 1907 through a sheriffs deed. The building on the site at that time had originally been bulk to house the United Presbyterian congregation but had been vacated by 1888. it had subsequently been used as a warehouse, paintshop and a galvanized iron tank factory. In 1907 Rev. R. S. Loring of Bost on was employed to head the Unitarians In Iowa City. Construction of their new church building began soon after acquiring the lot The Uniterian-Universaitst Society of Iowa City took ownership from the First Unitarian Society in 1968. Iowa 0epanment of Cultural Affairs State Historical Society of Iowa Site Number 52-01798 Iowa Site Inventory form Related District Number Continuation Sheet Page 2. 9. MaiorfliblionranhicReferences Iowa City city directories. Property Transfer Records, Johnson County Auditor's Office, Tax Assessor's Records, City of Iowa City Assessor. Summary Sheet, 10 South Gilbert, Urban Revitalization Act Study Area Survey,1981. Sanborn maps, 1874, 1879, 1888, 1892, 1899, 1908,1912, 1920,1928, 1933, and 1933 updated to 1970. Aumer, Charles Ray. lows History, Vol 2. Cedar Rapids: Wastem Historical Press, 1912, pi - Additional 06cumenta' Plat Map: .—W I I 0 Julie dopa tate Handouts Distributed From: Ginalie Swaim <ginalieswaim@me.com> Sent: Tuesday, January 31, 2017 1:45 PM —J Ili Jr -7 To: Council Subject: Why the Unitarian Church is Historically Significant (Date) City Council: I apologize for this very late correspondence. I just realized that I would not be able to address the council because it is a work session. Thank you for your careful consideration of the Allen project and the future of the Unitarian Universalist Church. I greatly appreciate the extra time and effort that city staff and Mr. Allen have poured into revising this project into Plans B, C, and D. And I applaud everyone for prioritizing the preservation of the church building, which the Historic Preservation Commission has urged since March 2015. The Unitarian Universalist church building is historically significant, on a local and national level, because of its association with Eleanor Gordon, one of about twenty female Unitarian ministers between 1880 and 1930 who pioneered new ideas in Unitarian ministry and church architecture in the West and Midwest. According to Professor Cynthia Grant Tucker, the Iowa City church was one of several churches associated with this "clerical sisterhood," who "viewed their sacred space from a woman's perspective," and rejected imposing and inspiring Gothic church architecture more often seen in the East. i59h Eleanor Gordon was the Iowa City Unitarian minister from 1W to 1900, before the new church was built. But in her later position as Iowa's Unitarian Association field director, she helped acquire the property at the corner of Iowa and Gilbert, helped place in the pulpit someone whose believe in a simpler church architecture echoed hers, and closely supervised the building of the church in 1907- 1908. According to Tucker, Gordon was "hardly prepared to let just any sort of building be put up" on the lot. For the Iowa City church, Tucker tells us, Gordon and the new minister agreed that "there should not be a steeple, and homely touches ark open beams against white walls, fireplaces upstairs and down, and leaded window panes with amber glass—should take the place of ecclesiastical ornament. They also agreed that the church, which required a seating capacity of some three hundred, should be built as economically as possible.... [And] that, even where there was a man in the pulpit, the church was a place where women worked, too. There would have to be space for a 'good sized kitchen' and ample areas for socializing, guild rooms, parlors, and fireplaces, all arranged in the interest of family togetherness and comfort." This simple building, which has been part of a busy downtown sueetscape for more than a century, manifests an exciting and important chapter in the history of women, architecture, and religion. Itshould continue to be part of our community and I ask that your vote tonight ensures that. Sincerely, Ginalie Swaim Chair, Iowa City Historic Preservation Commission 10 South Gilbert Street Former Unitarian -Universalist Church Northwest Corner Facade South Facade 10 South Gilbert Street Former Unitarian -Universalist Church Interior at time of 1907/08 construction. [Photo credit: Iowa State Historical Society.] Current interior looking east 10 South Gilbert Street Former Unitarian -Universalist Church Interior looking north Interior looking southwest 10 South Gilbert Street Former Unitarian -Universalist Church Interior basement stage area Planning and Zoning Commission August 3, 2017 — Formal Meeting Page 10 of 15 Martin agreed with Signs and added that once zoning is changed to be commercial, no one can really dictate what goes on that property as long as it falls into those confines. There has been so much thought by Staff and the Community on the Comprehensive Plan and these issues are not taken lightly and a lot of thought go into them. Martin feels there would need to be some very compelling argument as what would happen to this area with a commercial zone, what the benefit would be, is it for the good of Iowa City. Dyer stated there is very little close -in property on the west side that can be developed for residential and to give it up is something she feels they are not prepared to do at this time. There are large multi -family developments in that neighborhood and this parcel has managed to stay relatively undeveloped and should be kept residential. Parsons agrees that he just doesn't see enough of an argument to make a change to a Comprehensive Plan. A vote was taken and the motion was denied 6-0. __> REZONING ITEM 1REZ17-000131: Discussion of an application submitted by Jesse Allen with Aspen Ventures, for a rezoning of approximately .20 acres from Central Business Support (CB -5) zone to Central Business Support with a Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert Street. Bochner presented the Staff report, noting that the property is located at the corner of Gilbert Street and Iowa Avenue and is the former Unitarian -Universalist Church. The zoning is currently Central Business Support (CB -5) and the applicant, Jesse Allen, has applied for Historic Landmark Designation for this building. Designation of the property as a landmark will require Historic Preservation Commission approval of any significant changes to the exterior of the building. It also makes the property eligible for some zoning incentives. Landmark Designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to City Council. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan. On July 31 the Historic Preservation Commission reviewed the significance of this property and they found that the property met the criteria for Landmark Designation based on its significance to Iowa City, its integrity of location and design, and its distinctive architectural characteristics. The Unitarian Church was built in 1907 and it is a Tudor -Revival style. Following Unitarian -Universalist beliefs, the church is built in a residential style and does not include ecclesiastical exterior elements such as a steeple. A circa1954 addition to the south of the original building was removed in 2016 and the historic part of the building has retained a high level of historic integrity. Bochner showed a couple of photos of the building. This property is located within the Downtown District of the Downtown and Riverfront Crossings Master Plan. One of the objectives of this district is to protect its historic character and preserve historic buildings. The Downtown and Riverfront Crossings Master Plan indicates that density bonuses, waiver of parking requirements, and other incentives may be appropriate to encourage preservation of historic buildings in the Downtown District. Development of the property to the east, currently the City's parking lot, may receive a density bonus in exchange for preservation Planning and Zoning Commission August 3, 2017 — Formal Meeting Page 11 of 15 of the Unitarian -Universalist Church. Staff recommends that REZ17-00013 an application to designate 10 Gilbert Street as an Iowa City Historic Landmark and rezone from CB -5 to CB-5/OHP (Historic Preservation Overlay) be approved. Parsons asked if the Historic Preservation Committee approved this at their meeting and Miklo confirmed that they had. Freerks opened the public hearing Ginalie Swaim (1024 Woodlawn Ave) is the chair of the Iowa City Historic Preservation Committee and they did vote unanimously for the overlay zone and landmark designation. She added they wished to thank Jessie Allen, City Staff, and City governing bodies for carefully working over many months to find a solution to a problem that is becoming common. What to do when a congregation outgrows their historic building downtown. She feels this is an opportunity and an ability to take pride in this downtown church building at 10 South Gilbert Street. It does not look like a typical church but that is actually its significance. Cynthia Grant Tucker, a professor in Tennessee, has studied this church and has identified a clerical sisterhood of Unitarian -Universalist women ministers including Eleanor Gordon from Iowa City who championed viewing a sacred space from a women's perspective. They wanted economical buildings, buildings that were not ecclesiastical looking or hierarchical and that would symbolize and support women's work in the Church. This includes women's work in church kitchens, guild groups, planning and organizational administrative positions, and deacon and the pulpit as well. Swain reiterated that Iowa City is very fortunate to have this real gem in our city, it is a small building but with a big story and is grateful for everyone trying to preserve it. Kristin Wildensee (1710 Ridge Road) has been a member of the Unitarian -Universalist congregation since the very early 1970's. Her family has always been very involved in this Unitarian congregation and her parents have a history of leadership and committee work in the Unitarian -Universalist society. The congregation has left this building at 10 South Gilbert Street and is nearing completion on the new congregation building in Coralville. It will be the greenest church in Iowa with many many sustainability features incorporated. She wanted to speak today about the historic character of the building and is thankful there is support to preserve historic buildings in Iowa City. Alicia Trimble (Friends of Historic Preservation) added that some of the earliest settlers in Iowa City were actually Unitarians, which was rare back then, and may be a reason Iowa City has been forward thinking. As Swaim stated there is a long history of women ministers in this Church, some who were the first in the United States, and this Church also architecturally represents a change in Unitarian thought (and other religious thought) or moving from a top- down hierarchy to more of a community setting. This building represents that, it looks like a house and not a church and people began to meet on an equal basis here. This entire development showed great work between the City, developer, the Church, the community and the result will save a historic building and build a great development. Freerks closed the public hearing. Hensch moved to recommend approval of REZ17-00013 an application submitted by Jesse Allen with Aspen Ventures, for a rezoning of approximately .20 acres from Central Business Support (CB -5) zone to Central Business Support with a Historic Preservation Overlay (CB -5 f OHP) zone located at 10 South Gilbert Street. Planning and Zoning Commission August 3, 2017 — Formal Meeting Page 12 of 15 Martin seconded the motion. Hensch stated that he has long admired this building and appreciates learning more about its history. Parson noted that last year when the application came through to develop the land around this building had two options, be designated historical or be demolished. He is glad to see the historical designation come to fruition. Signs and Freerks both comment on the cooperative process to make this development and historical designation happen. Dyer voiced her disappointment at the scale of the building being constructed in the new development. She added she was involved in a feminist reunion at this church a few weeks ago and learned that the Unitarian Church was the only place women could gather to dance in the 70's. A vote was taken and the motion passed 6-0. DEVELOPMENT ITEM (SUB17-00013): Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of Brookwood Pointe Fifth Addition, a 4.92 -acre, 18 -lot residential subdivision located on Terrapin Drive and Covered Wagon Drive. Miklo stated this is the final addition of the Brookwood Pointe subdivision and was initially approved in 2005. Since then parts 1-4 have been final platted and are mostly developed with single family dwellings. There are a few vacant lots remaining in part 4. The preliminary plat for Brookwood Pointe Fifth Addition, has expired (preliminary plats expire after 24 months unless the applicant seeks an extension from the City Council). The expiration provision is in the subdivision regulations to help assure that subdivisions comply with any significant changes to City policies or regulations. In this particular case there have been no significant changes to the zoning or subdivision regulations that would affect the design of this subdivision. The subdivision would include the extension of Terrapin Drive and Covered Wagon Drive to eventually connect to Sandhill Estates. The preliminary plat is the same as the original submitted and approved in 2005, there may be a few lots that need special attention due to Hydric Soils and drainage (and that may also apply to the streets) but there are no other sensitive areas on the property. There is a stormwater basin in Part 1 that was designed to handle stormwater for the entire subdivision. There are some infrastructure fees that will need to be paid to the City before a building permit is issued, however the neighborhood open space fees were paid with the initial subdivision fees. Staff recommends approval of SUB17-00013, the preliminary plat of Brookwood Pointe Fifth Additions, an 18 -lot, 4.92 -acre residential subdivision located on Terrapin Drive and Covered Wagon Drive. Freerks opened the public discussion. Grant Finch (VJ Engineering) came forward on behalf of Steve Kohli Construction to answer any questions the Commission might have. MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION JULY 31, 2017 EMMA HARVAT HALL MEMBERS PRESENT: Thomas Agran, Esther Baker, Gosia Clore, Sharon DeGraw, G. T. Karr, Pam Michaud, Ginalie Swaim MEMBERS ABSENT: Kevin Boyd, Zach Builta, Cecil Kuenzli, Frank Wagner STAFF PRESENT: Jessica Bristow, Bob Miklo OTHERS PRESENT: Philip Beck, Thomas Berry-Stoelzle, Nick Lindsley, Alicia Trimble RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m. Swaim thanked the Commission for coming to this extra meeting. She welcomed the newest member, G.T. Karr. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. PUBLIC HEARING - DISCUSS LANDMARK DESIGNATION FOR 10 SOUTH GILBERT STREET (FORMER UNITARIAN UNIVERSALIST CHURCH): Bristow referred to the discussion in the staff report. She said there is also an applicant statement, a site inventory form, an e-mail sent by Swaim to the City Council, and a few additional photographs. Bristow said that in order to qualify as a local landmark, the subject property must meet approval in criteria A, B, and either C, D, E, or F. She said that A refers to significance in American and/or Iowa City, architectural, archaeology, and culture; and B: possesses integrity of location, design, setting, materials, and workmanship. Bristow said this property is the former Unitarian Universalist Church at 10 South Gilbert Street. She stated that the church was built in 1907 as a Tudor revival in kind of a more residential -style church architecture that was popular with the Unitarian Universalists after the turn of the century. Bristow showed the northwest view of the church. She said there is an extension that was built at the front entry to be church around 1986 that is very sympathetic to the original entry. Bristow said the windows match the existing windows and the detail at the eave is a little bit more simplified than the original but otherwise fits in well. Bristow showed the south view and showed where there was an extension that may have been built around 1954 and had a courtyard area between the church and the addition. She pointed out that it has been removed so that one can see the original architecture. Bristow said there are buttresses with stone caps, stone lintels, segmental arches above the windows, and the HISTORIC PRESERVATION COMMISSION July 31, 2017 Page 2 of 7 triangular dormers which are a play on the eyebrow dormer that was popular in the English arts and crafts that is one of the influences for this Tudor revival style. Bristow showed the west side, pointing out the original church and the addition. She showed an interior photograph around the time of the completion of the church. Bristow showed current photographs with the view from the sanctuary space. She showed where there is a basement stage area. Bristow presented the two images showing that both areas have a fireplace in them. She said that in Swaim's e-mail, Swaim discusses Eleanor Gordon and her importance to the Unitarian Universalists here in Iowa City and to the development of their style of church architecture in the West and Midwest. Bristow said that style involved many kinds of home -like touches. She said that the two fireplaces are examples of that type of residential -style architecture, making up a kind of home -like place. Bristow showed photos of the rest of the basement and a stage area. She showed the view from the sanctuary space and showed the northwest corner. Bristow said that staff finds that the church meets criterion A by virtue of the fact that it is a a good example of Tudor revival architecture that is important to Iowa City and important to this area. She stated that when it was built it would have been surrounded by homes and other residential architecture. Bristow said it is important to the Unitarian Universalists because of the fact that it was part of a movement toward more residential style architecture. Bristow said that the previous church was across from Iowa Book and Supply on Iowa Avenue, and it was taken down sometime in the mid 1900s. She said it was much more Gothic, with a really large tower and spire. Bristow said this new church was a departure from the old ecclesiastic architecture with the spire and these kinds of elements. She said that criterion A is met, because of the church's importance along these lines. With regard to criterion B, Bristow said that this is a building where the biggest addition has been removed. She said that a scar can be seen on the south side where it was, but one can still see the original architecture, and the other addition has blended in very well with the original design. Bristow said that the integrity of style here is very clear. Bristow said that research has been done on this property and on Eleanor Gordon by Professor Cynthia Tucker. Bristow said she thinks there is a possibility, with more research, that the church could actually meet criterion D, associated with lives of persons significant in our past. She said that is kind of a high threshold to meet, as it has to be a person who is very significant to our history or culture. Bristow said staff believes it might be possible with further research. Bristow said staff definitely feels that this building meets the requirements of criterion E: high artistic value, showing the methods of construction, and the integrity of architecture. She said this is something that really stands out as evident of the historic architecture that is seen in this building. Bristow said staff finds that this meets both criteria A and B, as required, and criterion E as well. She said staff recommends that the Commission consider this as a local Iowa City landmark. Swaim explained the procedures for the public hearing. HISTORIC PRESERVATION COMMISSION July 31, 2017 Page 3 of 7 Lindsley said he works for Neumann Monson Architects and was at the meeting to represent Jesse Allen. Lindsley said his company is very excited at the opportunity to save this building. He said the building is very important to the history of Iowa City and is an integral part of how the development agreement for this building works. Lindsley said that in order for this to pass City Council, the building needs to be saved with historic landmark status. He said that was part of the basic agreement on which the City Council has voted. Lindsley said that to get the whole TIF agreement to go through, along with the rezoning and development of this property, they need to make sure this is preserved. He said that if this building is not preserved, the project may not move forward, and it puts the building in jeopardy as well. Beck said that he is a member of the Unitarian Universalist Society, although he was not at the meeting to represent the group but was speaking only for himself. He said that this church is very, very important. Beck said the church is important historically to Iowa City for all the reasons outlined by Bristow, and he urged the Commission to grant historic landmark status to the church. He said the church is a beautiful part of old downtown Iowa City that should be preserved, along with all the new that is going up. Trimble said she represents Friends of Historic Preservation. She stated that this church is very significant as part of a larger movement in Iowa City. Trimble said that some of the first settlers in Iowa City were Unitarians, which was unusual at the time, but may be a reason why Iowa City has always been a forward -thinking and progressive community. Trimble said that along with that, this church hosted some of the first women pastors in the country. She said it has also been a place for community meetings in the past. Trimble said the architecture of the church represents the time when the Unitarian Universalists really decided that they were going to be more of a community than a church. She said that is why this looks like a house. Trimble said the architecture of this particular building reflects the fact that the Unitarians meet on an equal basis. Trimble said that a lot of people worked really hard on the actual development. She said it is one of those unique opportunities in which everybody wins. Trimble said that in this case, a historic church will be saved, the parking lot will become apartments and townhouses, and affordable housing, although not on this site, will become available. She said that this project represents a lot of good things that have happened because of people taking the time to listen and because of the developer being so open and receptive to different ideas. MOTION: Agran moved to approve the designation of 10 South Gilbert Street, the former Unitarian Universalist Church, as an Iowa City Historic Landmark based on criteria a, b, and a for local designation. Michaud seconded the motion. Baker said it is clear that the Commission members agree with the comments from the public that this is a very worthwhile project. Michaud said that as far as significant contributions to broad patterns of our history, Unitarians have been very active, probably from the very beginning at this location if not from 1849 when their first church was downtown. She said the Unitarians have always promoted liberal thought and movement at least as far back as Suffrage for women, World War ll, civil rights, GLBTQ, and immigrant rights. Michaud said they have been active in all of those things. HISTORIC PRESERVATION COMMISSION July 31, 2017 Page 4 of 7 Swaim said she is very pleased that this is making its way along to clearly being preserved. She said the Commission has been urging this since early 2015 if not before. Swaim said the Commission is grateful that the developer and the City have come together to try to preserve this building, and it looks like it will be happening. Swaim said it is also important that this be saved, because downtown churches in any community are often threatened by a congregation that wants a larger space, both interior and exterior. She said this is an example of a community coming together and saving a downtown church, even though the congregation has outgrown it. Swaim said she is glad the building will continue to be a part of the community. The motion carried on a vote of 7-0 (Boyd, Builta, Kuenzli, and Wagner absent). Miklo said this item will come before the Planning and Zoning Commission on Thursday at 7 p. M. CERTIFICATE OF APPROPRIATENESS: 503 Melrose Avenue Bristow said this is a local and National Register landmark property. She said it is the A.W. Pratt House. Bristow stated that the house is basically Italianate. She showed the original house and a pre - 1907 addition. Bristow said there is a one-story addition on the side, and in the back there is a sun room and exterior staircase leading from an upper porch to the ground. She said the columns have been replaced, but this is not the original porch. Bristow said there was an earlier, smaller porch on the house before the early addition was put on. Bristow stated that this application is to remove two windows in the basement of the early addition. She showed the location of the windows, saying that they have a flat lintel. Bristow said the area is only partially excavated, as it is kind of a crawl space with a dirt floor under the addition. She said there is a full basement under the original part of the house. Bristow said that because of some grading issues that can be partially but not fully changed and the heavy infiltration of water coming in where the windows are, the applicant is requesting to remove those two windows and replace them with brick. She said there is brick on the site that matches other brick on the house, and it would be recessed just slightly so that the location of those windows would always show. Bristow showed a photograph of the flat lintel. She also showed another one and said that it is an example of one of the lintels on the back of the original part of the house that has segmental arches. Bristow said that the two in the addition do not. She said this therefore is not the removal of something that works in the same language as the original house, it will not be very visible, there is matching brick available, there is a water problem, and there is not access to this part of the house from the inside. Bristow said staff finds it acceptable to remove the windows on the front part of the addition and recommends approval. Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00009) Ordinance No. An ordinance conditionally rezoning approximately 21.77 acres of property located north of Rohret Road and west of Lake Shore Drive, from Rural Residential, RRA (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low - Density Single -Family Residential, RS -5, zone. (REZ17-00009) Whereas, the applicant, Watts Group Construction, has requested a rezoning of property located north of Rohret Road and west of Lake Shore Drive from Rural Residential, RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS- 5,zone;and Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family and duplex residential development; and Whereas, the Low -Density Single -Family (RS -5) Zone would allow a maximum of 5 dwelling units per acre, which is within the range indicated by the Comprehensive Plan; 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 water pressure analysis and improvements to Rohret Road ; 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 designations of Rural Residential (RR -1) and Interim Development Single Family Residential (ID -RS) to Low -Density Single -Family Residential (RS -5): (Rezone from ID -RS to RS -5) BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT CHORD BEARS N62°49'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89°47'31"E, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY Ordinance No. Page 2 LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF ROHRET ROAD SW; THENCE S59056'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RRA to RS -5) BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01°15'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37°18'02"E; THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40013'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78°00'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET; THENCE S12°36'51 "E, 60.83 FEET; THENCE S21 °52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47044'46"E, ALONG SAID SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Section IL 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 Ordinance No. Page 3 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 . 20_. MAYOR ATTEST: CITY CLERK App oved by City Attorney's Office Z 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: First Consideration 08/15/2017 Voteforpassage: AYES: Taylor, Botchway, Cole, Mims. NAYS: Botchway Cole Dickens Mims Taylor Thomas Throgmorton Thomas, Throgmorton, None. ABSENT: Dickens Second Consideration_ _09/05/2017 Voteforpassage: AYES: Taylor, Thomas, Throgmorton,Botchway, Cole, Dickens,Mims. NAYS: None ABSENT: None Date published that the Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 21.77 acres of property located north of Rohret Road and west of Lake Shore Drive; and Whereas, the Owner has requested the rezoning of said property from Rural Residential, RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS -5; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding improvements to Rohret Road and a water pressure analysis, the requested zoning is consistent with the Comprehensive Plan; and Whereas, the applicant has submitted a water pressure study that demonstrates to the satisfaction of the City Engineer that adequate water pressure exists to serve residential development of this property; 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 acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, including necessary improvements on Rohret Road, and adequate water pressure for residential development; 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. S&J Development LLP is the legal title holder of the property legally described as: (Rezone from ID -RS to RS -5) BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE- QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE ppdadnvagV*z17-0D009 wndigonal zoning agmement.doc NORTHEAST CORNER THEREOF; THENCE S89047'31"E, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01015'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37018'02"E; THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40°13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET; THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (Rezone from RR -1 to RS -5) BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF ppdatlMagt/rW7-00009 wndlbonel zoning agmementAm 2 RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest 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: a. Upon subdividing any of the property hereby rezoned, the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); b. Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 4. The Owner and Applicant, 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 Owner and 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. 7. 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. ppdadMagOmz17-00909 mndiGonal zoning agmement.doc 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. City of Iowa City Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: Approved by: il" y - 17 City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Sea[) Title (and Rank) Corporate Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ppdaLmlagVrez17-00009 condillonal zoning agreemenLtloc 4 This instrument was acknowledged before me on M-1 S&J De ament cknowledgment: e of Iowa County of 30kn50h 20_ by of Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) This record was acknowledged before me on 8-151 1' (Date) by MIi-2, Spee-, Y (Name(s) of individual(s) as OW 4 (type of authority, such as officer or trustee) of S4-7 VCV o0mloyl-) 1,1. (name of party on behalf of whom record was executed). Notary l5ublic in and for he State of Iowa e ROSEMARYIRL@ECK ,FS Commission Number 779206 (Stamp or Seal) or MyComgis�ipnExpires O �� °i Title (and Rank) N oValy lA-7io� 'L �bqf S My commission expires: / Wa up Construction Acknowledgment: 77 State of W0, Countyof Sohhsovr This record was acknowled ed before me on V- 1 -H T (Date) by (Name(s) of individual(s) as W 0h (type of authority, such as officer or trustee) of W o1+*5 Crvou.h Cons+ru chi o H (name of party on behalf of whom record was executed) +a �sF ROSEML ?71 1DE K z +� Commissicn Number 779205 My mmissi Expires or ' - 3 ppdaGn1agVrez17-0000g condiiional zoning agreementdoc Notary Public in and for he State of Iowa (Stamp or Seal) Title (and Rank) 0 0-6v/ V"t61 C. A 1—Si k of—�)wA My commission expires: 7 - 3,1 ppdatlMagVrezW] 009 oondiGonal zoning agreement.doc 09 5c -05-17 STAFF REPORT To: Planning and Zoning Commission Item: REZ17-00009 Robret Road — Country Club Estates GENERAL INFORMATION: Prepared by: Bob Miklo Date: June 1, 2017 Applicant: Watts Group Construction Contact: Duane Musser 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 d.musser@mmsconsultants.net Requested Action: Rezone three tracts (17.61, 3.11, and 1.05 acres) from Rural Residential (RR -1) and Interim Development Single -Family Residential (ID -RS) to Low -Density Single -Family Residential (RS -5). Purpose: To allow single-family residential development Location: North of Rohret Road, west of Lake Shore Drive Size: 21.77 acres Existing Land Use and Zoning: Agriculture and undeveloped - 17.61 acres ID - RS, 3.11 acres and 1.05 acres RR -1 Surrounding Land Use and Zoning: North: Residential - OPD -5 South: Residential — County AR and R East: Residential - RS -5 West: Agricultural — County A Comprehensive Plan: Neighborhood Open Space District: File Date: Southwest District Plan — single family/duplex residential SW5 Hunters Run May 11, 2017 45 Day Limitation Period: June 25, 2017 2 BACKGROUND INFORMATION Most of the land under consideration for the proposed rezoning (17.61 acres) was annexed into the city in 1994. Approximately 3 acres was annexed in 1972 as part of a larger annexation that was later developed into Southwest Estates and Country Club Estates. When the 17.61 acres adjacent to Rohret Road was annexed in 1994 a proposal to rezone this area to Medium Density Single -Family Residential zone (RS -8) and Low Density Single -Family residential zone (RS -5) was considered. However, because of the lack of sanitary sewer services and the substandard condition of Rohret Road, the newly annexed land was zoned Interim Development Residential (ID -RS). Since 1994, the future alignment of Highway 965 between Highway 6 and Highway 1 was determined and the City extended the growth boundary to include this area. The City committed to serving this area with sanitary sewer extensions and necessary lift stations, in order to allow development within the city. Country Club Estates Parts 1 to 6 were subsequently subdivided and developed as single-family residential lots. The applicant has requested this rezoning to allow development of the next phase of Country Club Estates. The applicant has indicated that they held a Good Neighbor meeting on May 25. A report from that meeting will be available prior to the June 1 Planning and Zoning Commission meeting. ANALYSIS: Current zoning: The Rural Residential Zone (RR -1) is intended to provide a rural residential character for those areas in the city that are not projected to have the utilities necessary for urban development in the foreseeable future or for areas that have sensitive environmental features that preclude development at urban densities. The RR -1 zone allows single family dwellings and limited agricultural uses on lots that are a minimum of 40,000 square feet. Septic systems are allowed in RRA zones that are not served by City sanitary sewer. The RRA zoning designation was applied to this area prior to the installation of a sanitary sewer lift station for County Club Estates, which now makes it possible to provide sanitary sewer service. The purpose of the Interim Development Single -Family Residential Zone (ID -RS) is to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue until such time as the City is able to provide City services and urban development can occur. Agricultural uses are permitted, while other uses including residential uses, are allowed as provisional uses. The Interim Development Zone is the default zoning district, to which all undeveloped areas should be classified until City services are provided. The ID -RS designation indicates that residential uses were anticipated at the time of the annexation, though this designation does not compel that single family use upon development nor foreclose rezoning to a different use. Upon 3 provision of City services, the City or the property owner may initiate rezoning to zones consistent with the Comprehensive Plan, as amended. Proposed 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. The zone allows single-family dwellings with a minimum lot size of 8,000 square feet and lot widths of 60 feet. For lots with vehicle access from an alley or rear lane, the minimum lot area is reduced to 6,000 square feet and lot width is reduced to 50 feet. Duplexes are allowed on corner lots with a minimum lot area of 12,000 square feet. This zone also allows for some non-residential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions, and daycare facilities. Related non-residential uses and structures should be planned and designed to be compatible with the character, scale, and pattern of the residential development. Comprehensive Plan: This property is located within the Weber Subarea of the Southwest District Plan. The Southwest District Plan identifies this land as appropriate for single-family and duplex residential development. The proposed zoning, Low Density Single -Family Residential (RS -5), will allow for a residential development with a maximum density of five dwelling units per acre. Adjacent properties within the city are zoned RS -5. Land to the south is located outside of the city limits and is zoned County Residential (AR, R, and R-10) zones. In staff's opinion the proposed RS -5 zoning is consistent with the Comprehensive Plan and compatible with the neighborhood, provided adequate infrastructure is installed to serve development. Infrastructure: Sanitary sewer service is now available to serve this property as a result of the lift station installed for earlier phases of Country Club Estates. Water service is also available to serve this area, but due to low water pressure, staff recommends that as part of a preliminary plat application, the developer be required to complete a pressure analysis and if necessary install a booster pump to provide adequate water pressure. Rohret Road is a rural cross section with chip seal surface and drainage ditches. When Irving Weber School was built, the City improved Rohret Road to a point approximately 500 feet west of Phoenix Drive. When County Club Estates, Part 7 was developed, the developer extended the improvements of Rohret Road to Lake Shore Drive. Extending this infrastructure west to the new intersection is important to insure it is developed in accordance with the City's adopted design standards. A majority of the El traffic generated from this development will be traveling east. Curb and gutter will help control stormwater, and sidewalks will serve pedestrians. As a condition of rezoning the property, the applicant has agreed to improve Rohret Road to the first street intersection that will provide access to the next phase of development (conceptually identified at approximately 200 feet to the west of where the current street improvements end). The applicant agrees to pay 50% of the cost of improving the street to the western city limits. The City and/or future private development to the south will be responsible for the other 50%. Staff does not anticipate a need improve the remainder of Rohret Road in the near future. Any subdivision of land adjacent to Rohret Road will also include installation of a sidewalk along Rohret Road as a public improvement to be installed by the Developer. Subject to these conditions, staff finds the improvements necessary to change the zoning to RS -5 will be provided. STAFF RECOMMENDATION: Staff recommends approval of REZ17-00009, an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying: 1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); 2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 3) As part of a preliminary plat application for any of the property hereby rezoned, the Developer shall complete a water pressure analysis and, if necessary, design and construct the water system to include a booster pump to provide adequate water pressure. ATTACHMENTS: 1. Location Map 2. Aerial Photograph Approved by: 1 ,,4 % John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services .,_ COUNTRY _ ESTATES SEVENTH ADDITIONGry of IOWA Ciro 2017 caR LU W ue � _r te FF�� ORS 3 a ., ��� PHpE l'AREDp pR o:• R�5 +P�P �c /SAO DupK'",;' _ G�w6 Rx1 o a" � m c R GREEoPDs RS5 G RR1 LL o , pua1L N �`m y S5 RRi GA UP�. ,o VALLEYCT N - DDN�FY.- RR,1 -RR1 EL PASO DR1'-a. ;OJ s 5 ? - RR1 Cj�.y R, ':RR1 OPS OPDSTUCSON PL RRi RR1 RR1 PHOENIX PL Rss RR1 OPD5 �P RR1 LLS RS5 R0NRE1'\RD- OPDS RR1 RS5 OPDS RR1 RS5 0 D ORDS RR, OPUS ✓ OPDS A KESSLER Oy DR SW S� O� N a An application submitted by Watts Group Construction to rezone three tracts (17.61 acres, 3.11 acres, and 1.05 acres) from Rural Residential (RR -1) and Interim Development Single -Family Residential (ID -RS) to Low -Density Single -Family Residential (RS -5). co 0�M� oe REZONE TRACT #2 RR1 TO RS5 311AC BF.GMIM6 I (iRe.Ci bi nr.9rz) L 1M g1AM1a of 31 EF REZONING EXHIBIT COUNTRY CLUB ESTATES SEVENTH ADDITION IOWA CITY, IOWA N, MOM. 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LAfi 4mf Q COUNTRY CLUB ESTATES SEVENTH ADDITION `L LOCATION MAP.'+ - CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 18175.GttBERf9i. IOWRCM.NYNA $N IstBIJs9« uww.mmewmWnbnsl T REZONING EXHIBIT COUNTRYCLUB ESTATES,SEVENTH ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. 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LAfi 4mf Q COUNTRY CLUB ESTATES SEVENTH ADDITION `L LOCATION MAP.'+ - CML ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 18175.GttBERf9i. IOWRCM.NYNA $N IstBIJs9« uww.mmewmWnbnsl T REZONING EXHIBIT COUNTRYCLUB ESTATES,SEVENTH ADDITION IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. OS711T o rse wwAcm 1331532 «, , r 4 Date: June 13. 2017 CITY O F IOWA CITY MEMORANDUM To: Planning and Zoning Commission From: John Yapp —?1y ..r Re: Country Club Estates and Rohret Road At its June 1 meeting, the Planning and Zoning Commission discussed the staff recommendation that the "Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200 feet west of Lake Shore Drive);" and that the "Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer." The Commission discussed whether or not to require the improvement of more of Rohret Road than staff recommended. Where property is subdivided and developed without requiring a rezoning, the City requires a developer to pay 12.5% of the cost of upgrading an existing arterial street. The rationale is that the majority of the function of an arterial street is for community traffic, and therefore the public should be responsible for a majority of the cost of improving the street. In this case, however, the need for this street improvement is being created by the rezoning. As you know, the City has the ability to impose conditions on an owner that are greater than the zoning code requirements in order to meet such public needs created by the rezoning, thus staff's recommendation as described above. Staff does not recommend a condition that requires the developer install the infrastructure further than the point described above. Other factors include: • Rohret Road has a relatively low traffic volume, 2,453 vehicles per day near Weber Elementary in 2011 (most recent available traffic count) • There will be no direct driveway access to Rohret Road • The south side of Rohret Road is outside city limits, and unlikely to annex and develop in the foreseeable future due to existing homes and lack of sanitary sewer PRELIMINARY PLAT CLUB ESTATES, SEVENTH ADDITION IOWA CITY, IOWA e.fn .eea. amicwx�.m oa�.� wnxww.m aevvaom.c�x PFEiPA MFUT SMIIINAWRON m��un n Summary Report for Good Neighbor Meeting Project Name: Country Club Estates, Seventh Add. Meeting Date and Time: May 25, 2017 at 5:30 Meeting Location: Weber Elementary � r , CITY OF IOWA CITY Location: Rohret Road Names of Applicant Representatives attending: Duane Musser Names of City Staff Representatives attending: Bob Miklo & Jason Havel Number of Neighbors Attending: 13 Sign -In Attached? Yes X No General Comments received regarding project (attach additional sheets if necessary) - no multi family being proposed was positive size of lots adj to existing homes was a positive will new home owners be part of the HOA for the swimming pool area? Concerns expressed regarding project (attach additional sheets if necessary) - concerns with existing erosions issues in detention basin not being repaired by original developer existing speed on rohret road was commented on. overcrowding of existing elem school. new city street to Melrose Ave was requested. concerns by county residents to protect existing trees. county residents wanted 2-6 acre lots on north side of Rohret Road. safety for children playing in the street. 80 lots is to dense. Will there be any changes made to the proposal based on this input? If so, describe: none at this time Staff Representative Comments Staff concurs with this summary of meeting. Good Neighbor Meeting Thurs., May 25th, 2017 @ 5:30pm Rezoning -21.77 acres off of Rohret Road Weber Elementary School ni� '1 Sort /J'O u�L Address /�i� 5/ a�/S 30 -�— Alz ee-?� ff�� / Lo,1\�e -ShVrC ON tJe N31 Lake S1, r Q- ly7�9 :Du Vkl�r a+ 133 --�— PhCCn ; ( �. IIg3 &)I -Ida& /-cc (,(-e 53E5- '91'reel lb -V I79Z L4kte X6/0` De - Li Z �. ( nj S LO' S4N x-e�A- MINUTES PLANNING AND ZONING COMMISSION JUNE 1, 2017 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL PRELIMINARY MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Bob Miklo, John Yapp OTHERS PRESENT: Duane Musser, David Tokuhisa, Steve Long, Margarita Baltazar, Donna Davis, Maria Garcia, Marcel Lotado, Margarita Rodriquez, Juley Flores, Alberto Paris, Ivan Hall, Ginalie Swain, Brian DeCoster, Martha Kirby, Adam Pretorius, Kristin Wildensee, Laura Hawks, Debbie Heiken, Pat Heiken, Tim Conroy, Bob Kirby, Kurt Kimmerling, Terri Miller Chait, Dan McRoberts, Judy Joyce, Ed Cole CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM (REZ17-00009): Discussion of an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres from Rural Residential, RR -1, (4.16 acres) and Interim Development—Single Family Residential, ID -RS (17.61) acres to Single Family Residential (RS - 5) zone for property located north of Rohret Road, west of Lake Shore Drive. Miklo began the Staff Report showing a zoning map of the area in which the property is located, the surrounding areas within the city are zoned RS -5 Low Density Single Family. There is some Rural Residential, RR -1, zoning also in the neighborhood. There is a property to the south that is in the County, not the city, but it is also zoned residential. The existing Country Club Estates subdivisions were annexed and zoned residential a couple decades ago. Miklo pointed out an area of the annexation that was zoned Interim Development Residential (ID -RS) so it would allow agriculture uses until there was adequate infrastructure to allow development. Miklo said that the proposed zoning is the City's lowest density zone (RS -5) and allows up to five single family housing units per acre, corner lots are allowed to have duplexes and smaller lots are allowed if alleys are put in. Staff finds that this proposed zone does meet the Comprehensive Plan which shows single family and duplexes in this general location. The proposed zoning is similar to surrounding neighborhoods as well. The reason this area hasn't been rezoned and developed in the past is the lack of infrastructure. Sanitary sewer was improved with a lift station installed for Country Club Estates. Water service is also available to serve this area, but due to water pressure, Staff recommends that as part of a preliminary plat Planning and Zoning Commission June 1, 2017 — Formal Meeting Page 2 of 24 application, the developer be required to complete a pressure analysis and if necessary install a booster pump to provide adequate water pressure. Miklo discussed the condition of Rohret Road, as seen in the photos it is not currently improved to City standards, so Staff is recommending as a condition of approval that the developer improve the road to the first street that will be developed in the subdivision. Additionally the developer would need to pay the City the cost of developing the rest of the street in the future. The applicant agrees to pay 50% of the cost of improving the street to the western city limits. The City and/or future private development to the south will be responsible for the other 50%. Staff recommends approval of REZ17-00009, an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying: 1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); 2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 3) As part of a preliminary plat application for any of the property hereby rezoned, the Developer shall complete a water pressure analysis and, if necessary, design and construct the water system to include a booster pump to provide adequate water pressure. Freerks commented on her surprise that the report didn't state the road would need to be improved across the whole development because that is something that is typically required. Miklo acknowledged there have been situations where the City has allowed subdivisions on unimproved roads, usually the zoning is already in place when that occurs, and that there is a formula in the Subdivision Code that allows the developer to pay a percentage of the developing of the street. Freerks asked if this area was currently in the streets capital improvement plan and Miklo stated it is not. Freerks stated her concern about the road not being fully developed at the time of the subdivision. Parsons asked about Rohret Road and if that area was all in the City. Miklo stated that it is not, the City line goes to approximately the center of the road and the other section is an easement in the County. Hensch asked if the road improvement is in the five-year plan for the County and Miklo replied that he didn't believe so. Hensch commented on the water pressure issue and presumes that this point is the furthest west Iowa City will grow since there is the water pressure issues. Miklo stated that technically the Iowa City growth area does go further west, as typically growth area is based on water shed areas that flow towards the wastewater treatment plant. Miklo noted that this is a unique situation in that the alignment of Highway 965 is just to the west of this area and to ensure that highway is in the City the City expanded the growth area even though it was outside the watershed. So if that area further to the west is to develop, there will need to be extensive infrastructure improvements. Planning and Zoning Commission June 1, 2017 — Formal Meeting Page 3 of 24 Hensch asked about the issue of fire hydrant pressure. Miklo stated that the City is not aware there is a water pressure issue in this area, they are being proactive given the elevation of the property so that is why staff is recommending doing the water presure study. Parsons asked if Slothower Street is connected from Rohret Road to Melrose Avenue. Miklo stated it is not, there is a portion that road that has been abandoned and that would likely be redeveloped into some other road if the area was developed. Parsons noted it would be nice to have access to Melrose Avenue from these developments for people commuting via Highway 218. Signs asked about the OPD -5 area to the north. Miklo stated that the reason for that OPD -5 area is due to the wetlands in the larger subdivision and they were reducing the buffer so they went through sensitive areas rezoning to reduce the buffer. Freerks opened the public hearing. Duane Musser (MMS Consultants) stated that Taft Avenue, Herbert Hoover Highway, and American Legion Road are examples of where they have done developments up against County roads and have maintained the ditches until the City came through and did a City improvement project. Freerks commented that often there are issues with those examples. Freerks asked how many homes they plan for this development. Musser stated they have submitted a concept and preliminary plat that shows 80 units, all single-family. Hensch asked if the engineering analysis for the water pressure will include an assurance that there will be adequate water pressure for fire hydrants. Musser confirmed that yes that is one of the main requirements. He noted they completed the same exercise on Church Hills Parts 1, 2 & 3 and had to provide the same information before those plats were accepted. Parsons asked if there are examples elsewhere in the City where there was the need to add the booster pump. Musser is not aware of any in Iowa City, they have done some in other communities. Parsons asked if the cost of the booster pump and the study is upon the developer and Musser confirmed it will be the cost of the developer. David Tokuhisa (3305 Rohret Road SW) said he first wanted to thank Watts and MMS for working with the community to shift the future center line of Rohret Road to the north as to not take out the trees and encroach upon the property to the south which contains existing houses. Tokuhisa wanted these comments documented as they were presented by MMS when they briefed the neighborhood. Tokuhisa also noted the issue of the smaller lot housing, which will be on the edge of Rohret Road, and will be across the street from the largest lots in the area, which falls outside the City guidance for keeping like lots closer to similar sized houses. He stated they did a good job in avoiding putting the postage stamp lots next to the larger lots in the development but they completely forgot to take in account the houses across Rohret Road. The acreages in that part of the County run from 2'/Z to 6 acres in size. Tokuhisa suggested that the smaller lot homes be move to be along Slothower Road. Larger lots provide larger space for kids to play and therefore is less of an incentive to go wandering out across the street. Tokuhisa noted that front of these houses will front Rohret Road with an alley down the back and that concerns him, especially with respect to children, as the speeds along Rohret Road can be quite high. Planning and Zoning Commission June 1, 2017— Formal Meeting Page 4 of 24 Hensch asked what is the speed limit on that portion of Rohret Road. Tokuhisa said the County side is 45 mph and the City side is 35 mph but once the cars clear the school zone it seems to be a free for all. Freerks asked Musser if he could comment on the shifting of the center lane. Musser stated that at the Good Neighbor Meeting they did discuss the shifting. The right-of-way is currently 60 feet wide and Rohret Road in the City limits is 80 feet wide so the developer/applicant has agreed to make up the difference of the 80 completely on the north so if or whenever Rohret Road is improved the County people to the south don't have to dedicate any additional right-of- way and will maintain their current area. There was a lot of concerns about the trees, Musser stated he never promised or guaranteed that the trees would not be disturbed, there are currently no construction plans for that. At that time of construction, he is sure that all that can be done will be done to preserve the trees, the City Engineer has already confirmed that once a sidewalk is put in it will be a wide sidewalk on the north side and there will not be a sidewalk on the south side adjacent to the County homes. Musser noted that they did bring the preliminary plat to the Good Neighbor Meeting so everyone could see what was being proposed. Freerks asked about the homes that will front face Rohret Road and that there will need to be additional setbacks to accommodate the future right-of-way for Rohret Road improvements. Musser confirmed they are taking that into consideration with the setbacks. He noted the setbacks for those homes will be 40 feet and therefore have a larger front yard than the standard 25 foot setback. Signs asked if those homes will have alley entrances. Musser confirmed they would, noting that this is all a concept and preliminary plat all yet to be approved by Staff. Freerks asked Musser to continue to have conversations regarding lots sizes and other issues, those aren't items the Commission is making decisions on this evening but all concerns should be addressed. It can often be an issue when the County abuts the City and things are drastically different. Hensch asked if there were any other issues raised at the Good Neighbor Meeting, the Commission never received a report from that meeting. Miklo noted that the concerns addressed by the neighbors were mostly about earlier phases of the subdivision and some erosion control that needed to be addressed. There were the concerns addressed tonight about the size of the lots on Rohret Road and the improvement of Rohret Road. Musser added there was discussion of speed on the road. There is also a homeowners association for the swimming pool and tennis courts and if this new subdivision will join in. Musser stated there were about 12 or 14 people at the meeting. Freerks closed the public discussion. Hensch moved to approve REZ17-00009 an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying: 1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); 2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost Planning and Zoning Commission June 1, 2017 — Formal Meeting Page 5 of 24 of improving Rohret Road to the western city limits as determined by the City Engineer; 3) As part of a preliminary plat application for any of the property hereby rezoned, the Developer shall complete a water pressure analysis and, if necessary, design and construct the water system to include a booster pump to provide adequate water pressure. Theobald seconded the motion. Hensch agreed with Freerks on the concern that Rohret Road would not be completely developed with this project. Freerks asked about Commission input to capital improvements and perhaps this is a time to review the proposed capital improvements and add suggestions to present to Council. Signs agreed that it is a concern, potentially a middle ground would be to have the street paved fully through the final street connection. Freerks agreed with that idea. Theobald also agrees with the concerns regarding the street improvements and adding 80 additional homes to the area. Hensch asked if anyone was aware of the current traffic count on Rohret Road. Miklo does not have those numbers but could get them to the Commission by the next meeting. Parsons also stated a concern about approving this large of a development without improving the roads to accommodate all the traffic. Martin questioned the reason for deferring, noting that even if a conversation of adding road improvements to the Capital Plan doesn't necessary deal with the situation at present. Freerks stated she feels that this plan to build 80 homes and not improve the road is not in the best interest of the community. If the Commission defers, perhaps that can lead to a negotiation to at least extend the road improvements to the end of the final street of the proposed subdivision. Signs suggested deferring this item. Hensch withdrew the motion, in favor of deferring. Signs moved to defer REZ17-00009 until the next meeting. Theobald seconded the motion. Signs asked to see the preliminary plat and concept at the next meeting as well. Hensch also requested that the Good Neighbor Meeting minutes be distributed to the Commission. A vote was taken and the motion carried 6-1 (Martin dissenting). COMPREHENSIVE PLAN ITEM (CPA16-00005): A public hearing on an application for a Comprehensive Plan amendment to amend the North MINUTES PRELIMINARY PLANNING AI4D ZONING COMMISSION JUNE 15, 2017 — 7:00 PM — FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT: Phoebe Martin, STAFF PRESENT: Sara Hektoen, John Yapp OTHERS PRESENT: Adam Hahn, Steve Long, Brian Boelk, Judy Joyce, Ivan Hall, Kurt Kimmerling, Jeffrey Maxwell, Laura Hawks RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Martin absent) the Commission recommends to approve REZ17-00009 an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying: 1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); 2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 3) As part of a preliminary plat application for any of the property hereby rezoned, the Developer shall complete a water pressure analysis and, if necessary, design and construct the water system to include a booster pump to provide adequate water pressure. By a vote of 6-0 (Martin absent) the Commission recommends adding Rohret Road improvements to the Capital Improvements Plan. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM (REZ17-00009)• Discussion of an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres from Rural Residential, RR -1, (4.16 acres) and Interim Development—Single Family Residential, ID -RS (17.61) acres to Single Family Residential (RS - 5) zone for property located north of Rohret Road, west of Lake Shore Drive. Planning and Zoning Commission June 15, 2017—Formal Meeting Page 2 of 9 Yapp began by showing the location of the proposed rezoning on the far west side of Iowa City. Yapp said at the last meeting where this item was discussed the Commission questioned the improvements to Rohret Road and the Staff recommendation that Rohret Road be required to be improved to the first access point of the proposed development which would be approximately 200 feet to the west. Additionally the developer would be required to pay for 50% of the cost of improving the remainder of Rohret Road to the City limits. Yapp explained the rationale is that the properties on the south side of Rohret Road are unincorporated Johnson County and unlikely to be annexed in the foreseeable future. Rohret Road has a relatively low traffic volume, in 2011 there were 2400 vehicles per day and it has probably increased slightly since then due to residential development, but not significantly. Yapp also noted there will be no direct driveway access to Rohret Road. He explained that in other situations where there is an unimproved street that development is occurring off of the Subdivision Code allows the City to require the developer pay 12.5% of the cost of upgrading the street. In this case because it is a rezoning Staff is recommending a 50% contribution. Freerks stated that is similar to what the City has done in the past and Yapp confirmed it is what similar to what was required in the past for other developments. Freerks opened the public hearing. Adam Hahn (Watts Group) discussed the water pressure concerns that was also discussed at the last Commission meeting. In 2016 the Water Department conducted a hydrant test in that area and it reported the hydrants are at 36-37 pounds. Yapp noted that the water report will require more analysis. Hahn agreed and also noted that they feel they have contributed to Rohret Road as they have shifted the center line so that they will not affect the neighbors to the south when Rohret Road is widened. Yapp explained the water pressure issue, the flow tests ran on existing hydrants showed that water in the existing part of Country Club Estates is adequate. The further analysis that needs to be done is modeling the water usage of the new development and estimating if the pressure is still adequate. Staff believes it will be but needs to complete all the analysis before signing Off. Hensch asked if the water pressure is not sufficient is it then contingent upon the developer to install or rectify the issues. Yapp confirmed. Freerks noted there are three Staff recommendations in the Report and asked if Staff still recommends all three. Yapp replied that Staff does. Freerks closed the public hearing. Hensch moved to approve REZ17-00009 an application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying: 1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a subdivider's agreement with the City for the installation of Rohret Road as a public improvement to the first street that will serve the development (a point approximately 200' west of Lake Shore Drive); Planning and Zoning Commission June 15, 2017 — Formal Meeting Page 3 of 9 2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as determined by the City Engineer; 3) As part of a preliminary plat application for any of the property hereby rezoned, the Developer shall complete a water pressure analysis and, if necessary, design and construct the water system to include a booster pump to provide adequate water pressure. Parsons seconded the motion Freerks noted she is not against the development but thinks the standard of the road is important and agrees it is not the developers place to have to pay for 100% of the upgrade but does believe Rohret Road needs to be on the Capital Improvements Plan. Herbert Hoover Highway and Taft Avenue are both on the Capital Improvements Plan, they are unfunded, but at least on the Plan. She is interested in recommending to City Council that Rohret Road be added to the Capital Improvements Plan. She added that the improvements to Rohret Road might be more crucial as the smaller homes in the development will have their front yards facing Rohret Road. A vote was taken and the motion passed 6-0. Theobald moved to recommend adding Rohret Road improvements to the Capital Improvements Plan. Parsons seconded the motion. A vote was taken and the motion passed 6-0. COMPREHENSIVE PLAN ITEM (CPA16-00005)' A public hearing on an application for a Comprehensive Plan amendment to amend the North District Plan for approximately 70 acres west of Dubuque Street, south of Interstate 80, and north and east of Mission Point Road and Mackinaw Drive, to modify the land use map, adopt a sensitive areas survey, and add certain housing, transportation and design goals. Theobald disclosed that she is part of a group that kayaks with Steve Long (from HBK Engineering) but feels she can be impartial and she and Long have not had any conversations about this item. Yapp began the Staff report showing an outline of the area proposed for the Comprehensive Plan Amendment and also the proposed land use map. He noted at the Commissions work session on June 7 they asked for additional information on this item. The applicant is ready to report the answers to the information requests however Staff has not had a chance to review the information in any detail. Yapp also noted the Commission received correspondence from the Idyllwild neighborhood but again Staff has not had time to fully review and react to that as well. Staff has no additional presentation for the Commission at this meeting but invites the Applicant the opportunity to review their materials. Freerks noted it is unlikely the Commission will act on this item this evening as they need to Kellie Fruehling From: Lisa Fender <lisamfender@gmail.com> Sent: Monday, August 21, 2017 12:20 PM To: Council Cc: brian@wattsgroup.co; Mike Van Dyke; Mike Speer Subject: Country Club Estates -- Proposed Additions -- Notice and Opportunity to be Heard Dear Mayor Throgmorton and Members of the City Council It has come to the attention of our HOA board that a preliminary plat of the Seventh and Eighth Additions to our subdivision, Country Club Estates, has been approved by the city's Planning and Zoning Committee. As a board, we would like to submit the following the City Council for consideration before a final vote of approval is rendered. Origin of Country Club Estates. The Country Club Estates subdivision was established in 2000 by S&J Properties. The subdivision was limited to single family residences. Covenants adopted at that time specified that each residence should have a two -or three -car garage and also specified a minimum square feet of living space. Under the covenants, each owner is a member of the CCE Homeowners Association, with privileges in the commons area. The primary commons area now consists of a parking area, playground, pool, basketball court, and tennis courts. The subdivision now comprises six additions and approximately 150 lots. Proposed addition. S&J Properties previously engaged in a sequence of transactions conveying the Fifth and Sixth Additions to the Watts Group. S&J is now negotiating the sale of land it owns north of Rohret Road and west of Lake Shore Drive to the Watts Group, and the Watts Group has proposed the development of that land as the Seventh and Eighth Additions. Although it appears that that sale has not yet been completed, the Watts Group has prepared a preliminary plat for the land, and has secured the approval of the Iowa City Planning and Zoning Commission, in anticipation of final approval by the Iowa City Council this fall. The proposed Seventh and Eighth Additions would add 81 additional lots to the subdivision, more than half again as many as are currently included. Of these, 60 lots are comparable to lots in the existing additions, while 21 lots, along the north side of Rohret Road, have 50' frontages significantly less than lots in the existing additions. There is no provision for augmenting the existing commons area. HOA concerns. The Board of Directors of the CCE Homeowners Association is concerned that facilities within the existing commons area will not suffice for the demands that would be placed on them by the additional 81 units. The present population of the subdivision and the facilities are in rough balance at most times, although the capacities of both the parking area and the pool are tested at peak periods. (In the absence of pedestrian access between the proposed additions and the commons area, except along Lake Shore Drive, residents of the additions could be expected to drive to the limited parking area or the adjacent streets.) The Board is similarly concerned that there has been no assurance that either the garage or the living space minimums will be preserved in the proposed additions. Finally, the Board is concerned that the apparent fast -tracking of the proposal has not permitted the Board to solicit the views of the HOA members, or to permit the members adequate opportunity to become acquainted with the proposal and to comment on the proposal. Accordingly, the Board addresses the following request to the Council. Request. The Board of Directors of the CCE Homeowners respectfully requests that the Iowa City Council defer action on the proposed plat for the development of CCE Additions Seven and Eight until such time as: (1) The owner of the property in question affirms by amendment of the covenants its adherence to current living space and garage requirements. (2) The Board has had an opportunity to assess and to apprise the members of the effects of the additions on the commons area, obtain their responses, and communicate those views to the Council. I must stress that the members of our HOA have always been a working, volunteer based membership. We do not take our responsibilities lightly. Our understanding of having such privileged amenities is demonstrated in our dedication to the maintenance of such amenities. Countless volunteer hours go into the daily operations and day-to-day functions, so you can understand our concern for the large increase in homes being added to our HOA. We would greatly appreciate your attention to this issue and hope to have our concerns addressed before the final vote. Thank you for your time and consideration. Lisa A Fender CCE HOA past president, 15 year CCE resident 1416 Dunley Ct. Iowa City, IA 52246 319-594-0268 Defer Indefinitely Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol In park shelters. Whereas, the City Code allows possession and consumption of alcohol in parks only with a permit or by a written agreement; Whereas, the Parks and Recreation Commission has recommended that the restrictions on alcohol in park shelters be relaxed; and Whereas, it is in the City's interest to allow possession and consumption of beer and wine in park shelters with a shelter reservation except for the shelters in Napoleon Park and I.C. Kickers Park. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 4, entitled "Alcoholic Beverages; Chapter 5, entitled "Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places and City Buildings," is amended by adding the following two sentences to Subparagraph B: Notwithstanding any other provision in this section, a person may possess and consume beer or wine inside any park shelter, with the exception of those in Napoleon Park and I.C. Kickers Park, during the time period the shelter has been reserved. All persons reserving a shelter and all persons possessing and consuming beer or wine in the shelter shall abide by the administrative rules approved by the City Manager. 2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by deleting Subparagraph F and substituting in lieu thereof the following new Subparagraph F: Alcoholic Beverages. Possess or consume alcohol except as provided in Section 4-5-3 of the Code. Section 11. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Penalties for Violation. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. Section IV. 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 V. 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 City Attorney's Office H 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 08/01/2017 Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton, Botchway. NAYS: Cole. ABSENT: None. Second Consideration _ Vote for passage: NAYS: Cole Date published 08/15/2017 that the AYES: Throgmorton,Botchway, Mims, Taylor, Thomas. ABSENT: Dickens rME Date: August 31, 2017 Y OF 1 O WA C 1 TY MORANDUM To: City Council From: Simon Andrew, Assistant to the City Manager Re: Park Shelter Beer and Wine Consumption Introduction: At Council's request, the Code amendment currently under consideration regarding the consumption of beer and wine in park shelters was presented at the August 23, 2017 meeting of the Partnership for Alcohol Safety in order to solicit feedback from that organization. While there was not a unanimous opinion from the group, there were considerable reservations expressed by several members. Given the lack of time sensitivity on this issue, staff recommends indefinite deferral of the third reading of the ordinance amendment. History/Background: The Partnership for Alcohol Safety is a joint project of The University of Iowa and the City of Iowa City. Its mission is to identify and advocate for strategies that reduce high-risk drinking and promote a vibrant downtown. Mayor Throgmorton serves as co-chair of the group, and the City was also represented by Simon Andrew, Assistant to the City Manager, and Iowa City Police Lieutenant Denise Brotherton at the August 23 meeting. The ordinance amendment, which would allow for the consumption of beer and wine in limited quantities in park shelters in conjunction with shelter rentals, was outlined at the meeting in order to learn from the perspective of PAS members, many of whom have worked on alcohol safety and public health issues for many years. Several members of the group voiced their opinions, which ranged from strong concerns to support for the amendment. The majority of members who contributed to the discussion indicated they did not support the change. Generally, the concerns raised at the meeting pertained to the mixed message relaxing the prohibition against alcohol consumption during park shelter rentals may send to the student population and University community. Though Parks and Recreation staff receive requests for allowing alcohol consumption through the shelter reservation process, the Code amendment under consideration was generated by a request to Council from a resident. After evaluating other communities' regulations regarding shelter rentals, staff did not have significant reservations moving in this direction. However, staff sees no urgency in changing Code in this manner, especially in light of the concerns expressed by such an important and experienced stakeholder group. fi 61111ia�10171TiE Staff recommends deferring third consideration of the ordinance amendment indefinitely. CITY OF IOWA CITY COUNCIL ACTION REPORT 08-15-17 August 1, 2017 8 Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters Prepared By: Jul! Seydell Johnson, Director of Parks & Recreation Reviewed By: Sue Dulek, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: Approval Attachments: Ordinance, 5-10-17 Park Commission Minutes Executive Summary: This action amends City Code to allow for the consumption of beer and wine during park shelter reservations. Background / Analysis: A resident recently sent a request to City Council asking the City to reconsider policies relating to alcohol consumption during park shelter rentals. The City Council briefly discussed this at the May 2, 2017 work session. Council directed staff to research similar policies from other cities, discuss it with Parks and Recreation Commission, and return to Council for further discussion. Other Cities' Policies: Alcohol in parks policies were reviewed from the communities listed below. Iowa City is the only one of the group that currently prohibits alcohol in parks. None of the cities below reported concerns or issues with consumption of alcohol in their parks. • Coralville — Beer and wine are allowed in the park with the purchase of a $15.00 alcohol permit obtained at the time of shelter reservation. • Dubuque — Wine, alcohol and canned beer are allowed. Wine and alcohol must be served in plastic containers. Keg beer is not allowed except by approval of the Leisure Services Manager. • Ames — Keg beer is not allowed in any park. Beer and wine are allowed in Brookside, Inis Grove, McCarthy Lee, North & South River Valley and Moore Memorial Parks. Alcohol beverages of any kind are not allowed in any other park areas. • Cedar Rapids — Canned and bottled beer is allowed in the parks; anything larger than one quart size requires a $12 permit purchased in person at least 5 business days prior to the event. Police verify compliance with all permitted events. X CITY OF IOWA CITY COUNCIL ACTION REPORT • Davenport — Authorization for serving alcohol in park facilities requires the user to secure host liability insurance for event. • Cedar Falls — Keg beer is not allowed. Alcohol in parks is confined to shelters during permitted reservations. The Parks and Recreation Commission reviewed policies from other Iowa cities, heard public comment, and discussed a change in policies to allow alcohol use in park shelters. The Commission made a recommendation that the alcohol policy be amended to allow for the consumption of wine and beer shelters. Additionally, the Commission expressed concerns that additional fees for either permits or insurance would likely deter renters from complying with a policy change and asked staff to consider the benefits and cost of all additional fees. Department representatives from Parks & Recreation, the City Attorney's Office, the City Manager's Office and Police met to determine how best to implement the change. The consensus of this group is to recommend a change to the City Code to allow alcohol at all shelter rentals by right except those at Napoleon Softball and Iowa City Kicker's Soccer complexes since these two venues primarily cater to youth sports. No change is recommended to the alcohol policies for Terry Trueblood Lodge and the Ned Ashton House. The City will continue to require host liability insurance at these facilities. These policies are more comprehensive due to the size, type of facility and complexity of events held in these buildings. Insurance: The Commission expressed concern about the additional cost to shelter renters by requiring host liability when alcohol is present. A policy for a one-time event costs approximately $100. The shelters covered by this proposed change are largely open air shelters. Staff felt that the amount of potential damage during a shelter use would be covered by the damage deposit collected for all shelter rentals. Additional Permit with Additional Fee: Requiring an alcohol permit with an additional fee of $15-20 was considered. The benefit of a permit would be to serve as a check to ensure that the person renting the shelter is at least 21 years old. The extra permit would also provide a list of shelter rentals that plan to have alcohol available to police and park staff. However, requiring an ID check would mean that shelter reservations could only be done in person at the Recreation Center Customer Service counters rather than on-line as they are currently available. Police did not feel that the list of alcohol permits would be appreciably different from the current list of shelter rentals. Enforcing the age requirement, open container issues outside the shelters or behavior issues related to alcohol use could be enforced without the need of an alcohol permit. The City Attorney cautioned that an administrative fee must reflect the additional service Ir .fikCITY OF IOWA SIT`►' COUNCIL ATION REPORT received for the fee. Staff felt that there was not sufficient additional staff time to require the additional fee. As a result, issuing a separate permit for alcohol consumption or requiring additional insurance was determined to not add an appreciable amount of oversight from either police or park staff and would likely deter park users from following the new regulations. Restrictions on Type of Alcohol: The recommendation is to allow only wine and beer inside the shelters. Containers up to the size of pony keg (the equivalent of 82 - 12 ounce cans) would be allowed. The allowance of small kegs of beer was based on a previous appeal by residents wishing to bring in growlers or smaller kegs of home brewed and locally brewed beer not available in individual containers. If Council approves this ordinance, staff will change the Administrative Policies for parks to prohibit glass containers. This is in response to clean up and safety issues in the park areas. Restriction on Consumption at Youth Athletic Facilities: Staff recommends that alcohol not be allowed in the shelters at the Iowa City Kickers Soccer Complex or Napoleon Softball Fields as these two areas are primarily used for youth athletic events. Administrative Policy vs Ordinance Change: The City Code currently requires a permit for alcohol in the parks, and in order to allow beer and wine by right with a shelter reservation, the Code needs to be amended. By placing restrictions in an ordinance, rather than an administrative policy, staff can issue a municipal infraction for a violation if necessary. Kellie Fruehli From: Judith Pfohl <judypfohl@gmail.com> Sent: Friday, September 01, 2017 8:05 AM To: Council I I i � 1,7 Subject: say no to park alcohol (Date) This change would counter the effort to reduce alcohol problems in the University and city plus leave messes. Our Kiwanis park is very family friendly and does not need loud drunken parties or the messes of vomit, cans, or rubbish left from a kegger. Most people might be polite and take care of the shelters. But, we know not all groups would be conscientious. How much alcohol related cleanup does the Ped Mall need after a busy weekend? Please do not vote for changing the rule about alcohol in the parks. Sincerely, Judy Pfohl 2229 Abbey Lane President Ty'n Cae Neighborhood Kellie Fruehling From: Sent: To: Subject: Dear Council Members, -- 7 Rachel Smith <rachelzimmermannsmith@gmail.com> Friday, September 01, 2017 12:32 PM Late Handouts Distributed Council Alcohol in Parks `f 1 17 (Date) The city has done an amazing job of maintaining and also improving our neighborhood parks,(Willow Creek and Kiwanis)./ They are heavily used and enjoyed by all of the surrounding neighborhoods. My husband and I are very much opposed to the proposed ordinance allowing alcohol in our city park shelters. I fail to see any community benefit to this ordinance, especially a benefit that outweighs the benefit of families being able to use a clean, safe, park free of the hazards that the use of alcohol presents. There are more than enough places to drink in Iowa City,. We don't need to add our neighborhood parks to the list. Please vote this ordinance down, or table it permanently. Rachel Smith Teg Drive Iowa City Kellie Frueh From: Leslie Huber <huberleslie3@gmail.com> Sent: Friday, September 01, 2017 6:27 PM To: Council q /S//% Subject: Please Do not allow alcohol in parks in Iowa City (Date) Hello, Please Do not allow alcohol in parks in Iowa City. There is no reason for people to drink in the park. As a homowner near Willow Creek park, I worry this would lead to noisier parties and disruptivd behavior. I do not see any need for parks to allow alcohol. Thank you for considering our opinion. Leslie Huber and Enrique Leira Kellie Fruehlin From: Yamini Bhagwat <yaminibhagwat@gmail.com> Sent: Monday, September 04, 2017 9:12 PM Late Handouts Distributed To: Council Subject: Please Vote No: beer/wine in park shelters w shelter reservation Dear City Council Members, (Date) ` I respectfully urge you to please vote "No" on the ordinance being considered to allow beer and wine in park shelters with any shelter reservation. Current city ordinances already alllow alcohol at shelters with special permits from the city making the new ordinance unnecessary. Specifically, I am concerned that the new ordinance, in effect, decreases oversight of alcohol consumption in park shelters and will open the door to increased incidents of public intoxication in our parks, making our shared public spaces less safe and less hospitable. Misuse of alcohol regularly causes stress and tension in our public spaces. Alcohol-related crime is common in Iowa City. I use Kiwanis and Willow Creek parks nearly every day along with people of all backgrounds and from all walks of life including: individuals enjoying our parks in solitude ... or in groups, seniors, children, school groups, runners, walkers, cyclists, families, gardeners, neighbors, visitors, community organizations, religious organizations, people with disabilities, youth and adult sports leagues (formal and informal), and many more. I am concerned that by making it easier to consume alcohol at park shelters right next to our playgrounds, community gardens and paths, this ordinance will not improve our beautiful, shared public spaces, but will make them less safe and less predictable for all of us. Thank you for your work on behalf of the people of Iowa City and for your consideration. Sincerely, Yamini Bhagwat Iowa City, Iowa • lb Submitted by Judy Pfohl PETITION TO IOWA CITY COUNCIL #7 RE: September 5'" Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters. (Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City. This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral." We the undersigned recommend the Iowa City Councilindefinite tele defer its final vote on allowing the consumption of beer and wine inside city park shelters. This amendment by loosening alcohol restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of Iowa. t 223f iNbed Zone r' ------------------r � T = 19 - -- - - r — —�cD__ � ------------------ — ---� 94-/7 -- -- ---- -- -------------- - ---------- --------------------------------- -- - - - - -- ----------------- -'3°'►=- =r------- --`�-7 r-- '/5 1 - -------- -'- -- l-� --- -- drr JY PETITION TO IOWA CITY COUNCIL RE: September 5h Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters. (Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City. This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral." We the undersigned recommend the Iowa City Council indefinitely defer its final vote on allowing the consumption of beer and wine inside city park shelters. This amendment by loosening alcohol restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of Iowa. 7 J 5 PETITION TO IOWA CITY COUNCIL RE: September 5s' Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters. (Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City. This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral." We the undersigned recommend the Iowa City Council indefinitely defer its final vote on allowing the consumption of beer and wine inside city park shelters. This amendment by loosening alcohol restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of Iowa. Name Signature Address Date �"=---'-`--------------- ---------------'z 2 5 f� L--------- - ------ Old Y -�` - �- - - C ra,_19f-------- - - ---- - - --- - ��- fix'--�j---°--------------- _-------- r 3%yn��y------------- == - tv Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030 Ordinance number: Ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection C, referencing the city's under 21 law, adding an exception for those working with a law enforcement agency. Whereas, the University of Iowa Department of Public Safety, in cooperation with the Iowa City Police Department, are implementing a "Students Helping Out", or "SHOUT' pilot program; and Whereas, the SHOUT employees will be University of Iowa students, some of whom will not yet have reached legal age to remain in licensed establishments past 10:00 p.m.; and Whereas, the City wishes for those SHOUT employees under legal age to be able to enter licensed establishments while on duty whenever those establishments are open, pursuant to their mission to help those in need of assistance; and Whereas, the Iowa City Police Department also wants to clarify that underage individuals assisting them with compliance checks or otherwise working in conjunction with a law enforcement agency should be exempt from application of the ordinance; and Whereas, it is in the best interest of the City to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection C is hereby amended by adding the following sentence at the end of Subsection C: 7. The person is working in conjunction with a law enforcement agency in performance of their official duties. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective date. This Ordinance shall be effective upon publication. Passed and approved this day of 2017. MAYOR ATTEST: CITY CLERK Approved by \ Pall, ( / 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: First Consideration 09/05/ Voteforpassage: AYES: Throgmorton, Botchway Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton i Cole, Dickens, Mims, Taylor,Thomas, NAYS: None ABSENT: None that the T 1 CITY OF IOWA CIT �r� COUNCIL ACTION REPO 8 September 5, 2017 Ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8, Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection C, referencing the City's under 21 law, adding an exception for those working with a law enforcement agency Prepared By: Jody Matherly, Police Chief Eric Goers, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: This Amendment to the City's Under 21 ordinance will make clear that those working in conjunction with a law enforcement agency will be exempt. This will accommodate those participating in the University's new Students Helping Out ("SHOUT") program, as well as those engaged in ride-alongs or compliance checks. Background / Analysis: The University of Iowa has started a program to provide student patrols downtown during high traffic, weekend hours with a focus on bystander intervention and overall safety. Students Helping Out (SHOUT) will be available to assist patrons visiting downtown Iowa City on Thursday, Friday, and Saturday nights between the hours of 11 pm and 3am. SHOUT students will focus on overall safety of patrons and provide bystander intervention when necessary. SHOUT will provide resources to people downtown, connecting students and non -students with Nite Ride, providing transportation, helping to set up Rave Guardian profiles, and assisting patrons who appear to need assistance. Under the direction of University of Iowa Department of Public Safety with the assistance of Iowa City Police Department, SHOUT patrols will focus on areas where people congregate: inside bars and restaurants, the Pedestrian Mall, Iowa City owned parking ramps, and areas where taxis gather. tti Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 Ordinance number: Ordinance amending Title 9, Motor Vehicles and Traffic, Chapter 3, Rules of the Road, Section 9, General Driving Restrictions, Subsection C, referencing unattended vehicles, to allow safely parked vehicles with the motor running to be left unattended, matching State code. Whereas, current City law prohibits vehicles from being left unattended unless their motor is turned off and the ignition keys removed; and Whereas, the growing prevalence of remote start functionality, as well as keyless ignition, has rendered those portions of this ordinance obsolete; and Whereas, the State recently amended Iowa Code section 321.362, their own unattended motor vehicle law, to eliminate the requirement that vehicles have their motor turned off and key removed when unattended, while preserving the requirement that such vehicles be safely secured; and Whereas, the Iowa City Police Department believes the change in State law is appropriate, and should be mirrored at the local level; and Whereas, it is in the best interest of the City to adopt this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. Title 9, Motor Vehicles and Traffic, Chapter 3, Rules of the Road, Section 9, General Driving Restrictions, Subsection C is hereby amended by deleting it in its entirety, and replacing it the following language: C. Responsibility for Unattended Motor Vehicles: A person driving or in charge of a motor vehicle shall not permit the vehicle to stand unattended upon any perceptible grade without effectively setting the brake and turning the front wheels to the curb or side of the highway. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective date. This Ordinance shall be effective upon publication. Passed and approved this day of 2017. MAYOR ATTEST: CITY CLERK 11 A7ved by Elxa�,?Zr 7 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: First Consideration 09/05/2017 Voteforpassage: AYES: Throgmorton, Botchway, Second Consideration _ Vote for passage: Date published Botchway Cole Dickens Mims Taylor Thomas Throgmorton Dickens, Mims, Taylor, Thomas, Cole. NAYS: None ABSENT: None that the I r � 4110 � . ,®,�0 CITY OF IOWA CIT 09-05-17 COUNCIL ACTION REPO 9 September 5, 2017 Ordinance amending Title 9, Motor Vehicles and Traffic, Chapter 3, Rules of the Road, Section 9, General Driving Restrictions, Subsection C, referencing unattended vehicles, to allow safely parked vehicles with the motor running to be left unattended, matching State code Prepared By: Jody Matherly, Police Chief Eric Goers, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: None Attachments: Ordinance Executive Summary: The current City ordinance prohibits vehicles from being left unattended unless their motor is turned off and the ignition keys removed. The growing prevalence of remote start functionality, as well as keyless ignition, has rendered those portions of this ordinance obsolete. For that reason, the State legislature recently eliminated those requirements, while preserving the requirement that such vehicles be safely secured. The ICPD wishes to mirror that change in our own law. )o. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. Ordinance amending Title 17, entitled "Buildinand Housing," Chapter 5, entitled Housing Code, to provide for tRe abatement of rent in emergencies. Whereas, Section 364.17(3)(a)(8) of the Code of Iowa grants municipalities the authority to abate rent if a dwelling does not comply with the housing code; Whereas, the City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency; Whereas, the Building Official should have the authority to abate rent in certain instances when the Housing Code violations pose a substantial risk to the health or safety of the tenant and when the landlord fails to obtain a rental permit; and Whereas, it is in the City's interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 9, entitled "Emergency Orders," is amended by adding the following at the end of Section 9: Notwithstanding Section 17-5-11, rent shall be abated if the inspector issues an emergency order for failure to comply with the Housing Code and the owner fails to repair the condition giving rise to the order within 5 days. Rent abatement means that the owner may not recover rent from the tenant. The effective date of the abatement is the date the inspector issues the emergency order. Notice to the owner and tenant of the rent abatement shall be given in the same manner as in 17-5-11. 2. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 10, entitled "Placarding of Structures; Condemnation Referrals," is amended by adding the following at the end of Section 10: Notwithstanding Section 17-5-11, rent shall be abated if the Building Official placards the dwelling unit for violation of the Housing Code for more than 5 consecutive days. Rent abatement means that the owner may not recover rent from the tenant. The effective date of the abatement is the date the dwelling unit was placarded. Notice to the owner and tenant of the rent abatement shall be given in the same manner as in 17-5-11. 3. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," Section 11, entitled "Fees," is renumbered as Section 24. 4. Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," is amended by adding the following new Section 11, entitled "Rent Abatement": A. The Building Official may order rent abated when the Building Official determines that the owner has, after issuance of a notice of violation of the Housing Code: 1) failed to provide an essential service(water, sewer, electricity, heat); 2) failed to remedy a condition that poses a substantial risk to the health or safety of the tenant; or 3) rented a dwelling unit without a rental permit. B. Rent abatement means that the owner may not recover rent from the tenant. Rent shall be abated until the condition for which rent abatement was ordered has, in the judgment of the Building Official, been remedied. C. The Building Official shall provide a copy of the rent abatement order to the owner at the address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to dwelling unit. Notice of termination of the rent abatement order will be given in the same manner. Section It. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section IV. 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 V. 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 City Clerk Approved 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 09/05/2017 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway, Cole, Dickens. NAYS: None ABSENT: None. Second Consideration Vote for passage: Date published t,r , TW CITY OF IOWA C1 T 09-05-17 COUNCIL ACTION REPO i° September 5, 2017 Ordinance amending Title 17, entitled "Building and Housing," Chapter 5, entitled "Housing Code," to provide for the abatement of rent in emergencies. Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Tracy Hightshoe, Neighborhood Services Coordinator Doug Boothroy, NDS Director Stan Laverman, Senior Housing Inspector Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: The Code of Iowa grants municipalities the authority to abate rent if a dwelling does not comply with the housing code. The City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency. This ordinance allows the City to order that rent be abated in certain instances. Background /Analysis: The City's Affordable Housing Action Plan includes a provision to allow the City to order that rent be abated in an emergency, which was partly in response to the condition of Rose Oaks in 2016. The City Code currently authorizes the City to issue emergency orders in certain instances and to placard structures in certain instances. This ordinance allows the City to order rent be abated as part of an emergency order or if the unit is placarded. Additionally, the City can order rent to be abated if the landlord fails to comply with a notice of violation for a) failing to provide an essential service (water, sewer, electricity, heat); 2) failing to remedy a condition that poses a substantial risk to the health or safety of the tenant; or 3) renting a dwelling unit without a rental permit. The ordinance requires the City to send the tenant a copy of the order to abate rent and to post the entrance door to the rental unit. Because the problems giving rise to the emergency order or placarding are often cured quickly, rent will not be abated unless the problem is not resolved in 5 days. However, the effective date of the abatement is the date the order was issued or the unit was placarded. If rent is abated, the tenant is not legally liable for rent. Therefore, if rent is abated, the tenant cannot be evicted by the court for nonpayment of rent that was abated. Similarly, the landlord cannot legally withhold all or part of the rental deposit for rent that was abated. Affordable Housing Action Plan: 15 Action Steps 15. Rent abatement for emergency orders when vacation of property is not necessary (use simpler language for ease of understanding). Rent Abatement Highlights • State Code allows Cities to seek rental abatement when a dwelling is not in compliance with the housing code. • Rent abatement will be a City initiated action with notices provided to both the tenant and the landlord. • With rent abatement the landlord can not legally evict for non-payment of rent for the rent that was abated or withhold the rental deposit for the rent that was abated. For more information, contact Stan Laverman, Senior Housing Inspector Stan-laverma n C@ iowa-citv.o 319.356.5135 Prepared by: John Yapp, 410 E. Washington Street, Iowa City, IA 52240; 319-5252 Ordinance No. Ordinance amending Title 18, Site Plan Review, to require notification to occupants and an occupant transition plan for any additions or alterations to a residential development with more than 12 residential units Whereas, the Comprehensive Plan supports mitigating the impact of large-scale residential redevelopment on occupants of proposed projects involving remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between property owners and occupants through sufficient notice requirements; and Whereas, the Comprehensive Plan encourages developers of such projects to create transition plans to provide information to occupants regarding any construction activity which may affect residents; and Whereas, the Comprehensive Plan supports infill development and redevelopment opportunities in areas where services and infrastructure are already in place; and Whereas, the 2015 Update to the Affordable Housing Market Analysis and the CITY STEPS Consolidation Plan document affordable housing issues and trends in the Iowa City market, noting that the affordable housing needs in the Iowa City market are unmet and growing; and Whereas, the City currently requires a major site plan approval for redevelopment projects impacting more than 12 residential units; and Whereas, residents of such redevelopment may be required to relocate as a result of such redevelopment, making notice and communication essential to mitigating the impact of such relocation, particularly given the unmet and growing need for affordable housing; and Whereas, City Council approval of occupant transition plans for redevelopment projects containing more than 12 residential units, for which approval of a major site plan is required, will emphasize the importance of fostering communication between the owner and those persons who may be required to move as a result of the redevelopment, and seeks to educate such residents about alternative housing options. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Title 18, Site Plan Review in hereby amended as follows: A. 18-1-1 Purpose: Amend by deleting Section B(3), renumbering the subsequent sections, and adding the following as Section H: H. Mitigate the impact of redevelopment on occupants of proposed projects involving the remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between the property owner and the occupants. B. 18-2-1 General Procedures. Amend by deleting it and renumbering the subsequent articles accordingly. C. 18-2-2 Submittal Requirements: Amend by inserting the following as Section A and renumbering the subsequent sections accordingly: A. General: An application for site plan approval shall be submitted to the City with the required review fee, as established by resolution of the city council. The application shall be deemed complete upon filing the payment and all information required pursuant to this Article. Ordinance No. Page 2 D. 18-2-2(B) Major Site Plans: Amend by inserting a reference to Section B (minor site plans, as amended by this ordinance) in the introductory sentence and add the following subsections 6 and 7: Submittal information for major site plans must include all the information contained in sections A and B of this article, plus the following additional information: 6. Within twenty four (24) hours of submitting an application for major site plan approval, the applicant shall post notice on the subject property of intent to develop on the site. The notice to be posted will be provided by the city and shall be posted as directed by the city. For Major Site Plans involving any additions or alterations to existing development containing over 12 residential units, the applicant, within 24 hours of submitting an application for major site plan approval, shall mail written notice to all current occupants of the development property informing them of the application and intention to develop on the site, the anticipated construction timeline, and phasing of the project. The applicant shall furnish evidence satisfactory to the City that such notice requirements have been satisfied before the application will be considered complete. 7. For Major Site Plans involving any additions or alterations to existing development containing over 12 residential units, the applicant shall submit an occupant transition plan if there are any occupants of the development on the date the application is submitted. Such a plan must include the number of current occupants; a general description of current contractual obligations between the owner and the occupant(s); when any leasehold interest expires; and a construction timeline and phasing plan. E. 18-2-3 Approval/Denial Process. Amend by deleting it and replacing it with the following: A. Minor Site Plans shall be reviewed administratively. Major Site Plans shall be reviewed administratively unless a request for Planning and Zoning Commission review is made in accordance with Section B below. i. Except for major site plans involving any additions or alterations to existing development containing over 12 residential units, the building official shall review and comment, approve, approve with conditions, or deny such site plans submitted within twenty-one (21) working days after application. ii. Where an occupant transition plan is required pursuant to 18-2-2(c)(7) above, in no' event shall the site plan be approved until the City Council has considered and approved said occupant transition plan. In approving the occupant transition plan, Council may impose conditions to address the impact of the redevelopment on occupants of the property, but may not prevent either the landlord or the tenant from exercising its rights under any lease and/or Iowa law, including but not limited to those of eviction, a decision not to renew existing leases or a challenge by a tenant thereto, and may not alter the terms of the lease/right of possession by imposing requirements that relocation benefits or other assistance be provided. B. For Major Site Plans, the Director Neighborhood Development Services or those owners of twenty percent (20%) or more of the property located within two hundred feet (200') of the exterior boundaries of the proposed development site, may request review of the site plan by the planning and zoning commission. The request must be in writing and must be filed with the building official within twenty (20) days of submission of the original application or within twenty (20) days of the posting requirements set forth in section 18-2-1 of this chapter, whichever is later. When such a request is received, the planning and zoning commission may review and approve, review and approve with conditions, or review and deny said plan within twenty (20) working days of receipt of the written request for planning and zoning commission review. The commission's scope of review shall be the same as that of the building official. Ordinance No. Page 3 C. Upon site plan approval by the building official or the planning and zoning commission, a building permit may be issued. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 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 Mayor Attest: City Clerk (• m Approved by: a4'�' City Attorney's Office a0' 21117 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: First Consideration 09/05/2017 Vote for passage: AYES: Cole, Dickens, Mims Second Consideration _ Vote for passage: Date published that the Botchway Cole Dickens Mims Taylor Thomas Throgmorton Taylor, Thomas, Throgmorton, Botchway, NAYS: None ABSENT: None t r � r sr A�III�'��S C I T Y O F 10 WA C I T 09.05-17 COUNCIL ACTION REPO 11 September 5, 2017 Ordinance amending Title 18, Site Plan Review, to require notification to occupants and an occupant transition plan for any additions or alterations to a residential development with more than 12 residential units Prepared By: John Yapp, Development Services Coordinator Reviewed By: Doug Boothroy, Director, Neighborhood and Development Services Sara Hektoen, Assistant City Attorney Geoff Fruin, City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Comprehensive Plan was recently amended to support mitigating the impact of redevelopment on occupants by fostering communication between property owners and occupants. This ordinance will formalize requirements for occupant notification and an occupant transition plan for redevelopment or alterations associated with major site plans (residential projects more than 12 units in size). Background / Analysis: The Comprehensive Plan was recently amended to add a goal to "mitigate the impact of redevelopment on occupants of proposed projects involving the remodeling or reconstruction of existing multi -family residential dwellings by fostering communication between property owners and occupants through sufficient notice requirements, and encouraging the developer to create thoughtful transition plans that seek to accommodate the relocation needs of current occupants." The intent of this goal is to ensure occupants have timely and adequate information related to the impact of construction on their dwelling units, and to provide a public forum to review occupant transition plans. This ordinance affects major site plans (more than 12 units in size), particularly those which are not associated with a rezoning process. For projects which are associated with a rezoning process, the occupant transition plan may be required as part of a conditional zoning agreement. The proposed ordinance has the following essential elements: • Within 24 hours of submitting an application for major site plan approval, the applicant shall mail written notice to all current occupants of a development informing them of the application and intention to develop on the site, the anticipated construction timeline, and project phasing. • The applicant shall submit an occupant transition plan if there are any occupants on the site the date the application is submitted. The plan must include the current number of occupant transition plan car gf.docx CITY OF IOWA CITY COUNCIL ACTION REPORT occupants, a general description of current contractual obligations, when any leasehold interest expires, and a construction timeline and phasing plan. • When occupant transition plans are required, the major site plan shall not be approved until the City Council considers and approves said occupant transition plan. • In approving the occupant transition plan, the City Council may impose conditions to address the impact of redevelopment on occupants of the property (such as certain timeframes), but may not prevent either the landlord or the tenant from exercising their rights under and lease and/or Iowa law, such as a decision not to renew leases, eviction for cause, and may not alter the terms of the lease/right of possession by imposing requirements that relocation benefits or other assistance be provided. The focus on major site plans (more than 12 residential units) is due to these larger projects having more of a potential impact on area human service agencies, the rental market, and requests for relocation assistance. Small remodeling and redevelopment site plan/projects, which have not raised the same level of concern or impacts, would continue to be reviewed as they have been without the requirement for occupant transition plans. This ordinance fulfills one of the goals of the Affordable Housing Action Plan to require Council approval of major site plans when 12 or more households will be displaced and there is no accompanying rezoning, and to require transition plans to better inform residents and the general public. occupant transition plan car gf.docx