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2019-06-18 Ordinance
Item Number: 8.a. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org June 18, 2019 Motion setting a public hearing for Tuesday, July 2, 2019 on an ordinance to amend Title 14, Zoning of the Iowa City Code to reduce the separation distance requirement between fuel dispensing equipment and residential zones for quick vehicle service uses in the CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones. (ZCA19-01) ATTACHMENTS: Description Staff Report with Attachments Planning and Zoning Commission Minutes (06.06.2019) A ,�,�; CITY OF IOWA CITY MEMORANDUM CITY OF IOWA CITY UNESCO CITY OF LITERATURE Date: June 6, 2019 To: Planning and Zoning Commission From: Ray Heitner, Associate Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to the Separation Distance Requirement for Quick Vehicle Service Uses (ZCA19-1) Background Staff recently received a site plan concept for redevelopment of the Kum & Go gas station, located at 955 Mormon Trek Boulevard. This proposal would require a special exception to be reviewed and approved by the Board of Adjustment. There are several approval criteria that must be met as part of the special exception, including a requirement that the fuel dispensing equipment be located at least 100' from any residential zone. The Kum & Go was originally established prior to the City's separation distance requirements. The Kum & Go does not currently meet the 100' separation distance requirement and due to the constraints of the site meeting that standard is not feasible. Therefore, staff would like the Commission to consider rationale for a text amendment that would allow for a shorter separation distance between fuel dispensing devices and residential zone boundaries. Summary of Current and Proposed Regulations Section 14-413-413-12C of the City Code currently states that, "Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least one hundred feet (100') from any residential zone boundary, except in the CB -2 zone. In the CB -2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone' boundary." Staff is requesting that the Commission consider recommendation of the following text amendment: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. exGep+ ;R the GB 2 ZE)no In the GB 2 ZGRe, fuel dispeR i - . . . BF)t must be set baGk at least ten feet (10') frern any street rig4t-of way and at least seveRty feet (70') from aRy resideRtial ZE)Re bouRdary. While the current separation distance requirement of 100' in commercial zones that allow quick vehicle servicing uses can usually be met, this requirement may be difficult to meet in Central Business District and Neighborhood Commercial zones. Furthermore, research from peer cities shows that Iowa City's current separation distance requirements are significantly higher than what is required in most other cities. Lastly, there is a mismatch between the zoning code (70' — 100) and International Fire Code ' Residential zones include all single-family zones (e.g. RS -s) and all multi -family zones (e.g. RM -12). Not included all zones that allow a mix of uses, such as the mixed-use zone and the RiverFront Crossings zones. May 31, 2019 Page 2 (10') in terms of what is required for separation distance between fuel dispensing devices and residential zone boundaries. Basis for Existing Separation Distance Requirement Staff has not been able to find the origin of the existing 100' separation distance requirement between fuel dispensing equipment and residential zone boundaries. The following excerpt from 14-51-1-813 of the City Code references a 100' separation distance requirement for aboveground storage tanks, "However, for aboveground storage tanks of two -hundred seventy-six (276) gallons' capacity or more, the minimum distance between such aboveground tanks and any residential zone boundary must be at least one hundred (100) feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a residential zone boundary may be reduced to no less than fifty feet (50')." While the language from this excerpt might suggest that a similar 100' separation distance requirement for fuel dispensing equipment is necessary, fuel dispensing equipment and aboveground storage tanks are two different entities. Fuel dispensing equipment merely refers to gas pumps, and not bulk storage of the fuel (above or below the surface). Best Practices Elsewhere When examining a similar distance requirement among peer cities in Iowa and other cities nationwide, staff identified the following data and trends. Cities address this issue in several ways, with codified results varying substantially. Some cities choose not to address this issue within their respective zoning ordinances, likely choosing to let an adopted code such as the International Fire Code or Code for Motor Fuel Dispensing Facilities and Repair Garages address what distance requirements might be necessary to ensure nearby resident safety. Other cities do choose to address the issue within their zoning ordinances. The chart below shows a range of sampled cities that use the same standard of measurement that Iowa City uses in its zoning code (distance between fuel dispensing device and residential zone boundary). Peer Cities Analysis - Pump Distance to (R) Zone 250 200 150 100 50 / • • 0 Figure 1 Iowa City O May 31, 2019 Page 3 As is shown in Figure 1, Iowa City's requirement of 100' is at the higher end of what is required nationally, and nearly doubles the sample's median requirement distance of 50'. Figure 2 below provides an overview of the sample cities selected, that share Iowa City's method of measuring distance from fuel dispensing device to residential zone boundary. Staff's research found varying methods of codification on this issue among cities in Iowa as well. Staff could not find a pump distance requirement for Cedar Rapids or Ankeny, though Ankeny has adopted an additional Fuel Gas Code for regulation. Some cities, such as Ames, only regulate from the station canopy to the nearest right-of-way line. Ames' regulation is a 10' separation distance from the station canopy to the nearest right-of-way line. Cities in Iowa that do measure the separation requirement in a manner similar to Iowa City, include Dubuque and Cedar Falls, whose distance requirements are 20' and 25' respectively. City/County Pump Distance to (R) Zone (ft.) Nampa, ID 12 Dubuque, IA 20 Cedar Falls, IA 25 Auburndale, FL 25 Wilmington, NC 40 Staunton, VA 50 Woodbridge, CT 50 Williamson County, TN 50 Surprise, AZ 75 Montgomery County, PA 80 Iowa City, IA 100 Peoria, AZ 200 Wethersfield, CT 200 Data Summary: Average (All) 71 Average (WO 200' Outliers) 48 Median (All) 50 Median (WO 200' Outliers) 50 Mode (All) 50 Mode (WO 200' Outliers) 50 Figure 2 Adherence to the International Fire Code Upon consulting with the City Fire Department, it was discovered that section 5704.2.11.2 of the 2018 International Fire Code only requires a 10' separation distance between fuel dispensing equipment and a residential zone boundary. As it pertains to safety of adjacent residents, the International Fire Code surmises that this 10' separation distance requirement is all that is necessary. However, it is reasonable May 31, 2019 Page 4 to assume that cities that impose an additional separation distance requirement within their zoning codes, do so to enhance the general welfare of adjacent residents. Zones that Currently Allow Fuel Stations Quick Vehicle Servicing Uses (fuel stations), are allowed as a provisional use or via special exception in the commercial zones shown in the table below. Zones that allow a Quick Vehicle Servicing Use as a provisional use, are allowed by administrative approval, provided that the additional provisional use criteria (see Attachment 1) are met. A zone requiring a special exception must meet the same additional criteria, and must also be approved by the Board of Adjustment before any building permits are obtained. Use Categories Quick vehicle servicing uses Figure 3 CO- CN- CH - Subgroups 1 1 1 CIA S PR PR/S CB - CC -2 C13-2 C13-5 10 MU FPRIS PR/S FPR/S 1W M] Analysis of Separation Distance between other Fuel Stations and Residential Zones in Iowa City Staff conducted an analysis of fuel stations within Iowa City and took an approximate measurement of the separation distance between the fuel station canopies and the nearest residential zone. Because staff was only able to perform this analysis using GIS aerial images, a measurement from the actual fuel pumps was not available. Of the twenty gas stations analyzed in Iowa City (see Attachment 2), only three stations have canopies within 100' of a residential zone. Two of these stations, L&M, located at 504 E. Burlington St. and Casey's, located at 204 N. Dubuque St., have been around for several decades, and likely predate the current ordinance requiring a 100' separation distance. The third gas station that was found to be within 100' of a residential zone is the Kum & Go located at 955 Mormon Trek Blvd. This property is zoned Neighborhood Commercial (CN -1). Because the intended purpose of neighborhood commercial zones is to place commercial entities within a neighborhood setting, many commercial entities in CN -1 zones are naturally going to be located in closer proximity to residential uses. Still, staff's analysis found that the majority of active fuel stations in Iowa City are in commercial zones and located well over 100' from any residential boundary. Potential New Locations for Fuel Stations Adjacent to Residential Zones The map below shows parcels throughout the City that have a zoning designation which allows a quick vehicle service use (as a provisional use or as a special exception) and are located within 100' of a residential parcel. The majority of potential future parcels are clustered near S. Gilbert St., Highway 6, or Dodge St. There are a few potential parcels situated among neighborhood commercial (CN -1) or community commercial (CC -2) clusters. These clusters can be found in the Towncrest area, along Rochester Ave. and 1St Ave., and in the Mormon Trek Blvd. and Benton St. area. May 31, 2019 Page 5 Figure 4 Rationale for Text Amendment As stated before, the majority of quick vehicle service stations in Iowa City are in commercial or industrial zones, and are either surrounded by other commercial or industrial zoned properties, or are equipped with abundant acreage to satisfy the current 100' separation distance requirement. Staff does not believe this text amendment will affect the site design of gas stations that choose to locate in commercial and industrial zones in the future. However, the separation distance requirement as currently administered, does place an inherent strain on gas stations which might choose to locate in denser areas of the city, if located near a residential zone. When looking at peer cities for comparative regulation on this matter, staff found that most cities, if they even require a separation distance between fuel dispensing devices and residential zones, have a requirement equal to or less than 50'. In addition, the proposed amendment will provide a separation distance that is consistent across all commercial zones, as opposed to the current structure which requires 100' in most zones and 70' in the CB -2 zone. Based on the research and analysis conducted, staff finds that 50' is an appropriate separation distance between fuel dispensing devices and residential zones. Furthermore, this amendment will allow for the redevelopment of the Kum & Go located at 955 Mormon Trek Blvd, which will result in an improved site with better access. May 31, 2019 Page 6 Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must also approve the proposed text amendment. Upon codification, the amendment will also be addressed and explained at an upcoming Board of Adjustment meeting. Recommendation Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14 -4B -4B -12C: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. except in the GR_7 zene. e GI3 2 zene, fuel dispens' - . . . Rt must be set baGk at least ten feet (10') fFem aRY stFeet Fig4t--9f way anal at least seventy favi (70') frem any residential zone heundar y Attachments: 1. Draft Text Amendment 2. Iowa City Gas Station Analysis Approved by: .s Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 14 -4B -4B-12 — Text Amendment 12. Quick Vehicle Servicing: a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. exEept i +h GE3 2 zone. in the GB 2 zeRe, fuel dos, . - . . Pment must be set baGk at least ten feet (10') frern any StFeet right f way and at least seventy nn') frern any residential zone boundaFy-.-PROPOSED d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title. e. In the CN -1, CB -2, and CB -5 zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones. f. In the CN -1, CB -2, and CB -5 zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another quick vehicle servicing use. The car wash must be located adjacent to and on the same property as the other quick vehicle servicing use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary. g. In the CN -1 zone, no light source on the property, except for internally lit signs, shall be higher than fifteen feet (15) above finished grade. (Ord. 13-4520, 4-9-2013) h. For properties located in the towncrest design review district, quick vehicle servicing uses are only allowed by special exception and must comply with the central business site development standards, as they would be applied to a property in the CB -5 zone, except as otherwise allowed by subsection B12j of this section. (Ord. 14-4586, 6-3-2014) i. For properties located in the riverfront crossings district and eastside mixed use district, quick vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title. For properties located in the CB -2 zone, CB -5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and 131 2i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. (Ord. 16-4675, 9-20-2016) Iowa City Gas Station Separation Distance Analysis Station: Address: Zoning: Nearest Residential Zone Distance (Canopy to parcel): Nearest Residential Zone Distance (Canopy to structure): Nearest Residential Zone Kum & Go 955 Mormon Trek Blvd. CN-1 65' 142' RS-12 Phillips 66 2580 Naples Ave. SW CC-2 Well over 100' Well over 100' (JC) RUA BP 2410 Mormon Trek Blvd. CC-2 218' 274' RM-12 Casey's 1410 Willow Creek Ct. CI-1 115' 195' RM-12 BP 525 Hwy. West 1 CC-2 Well over 100' Well over 100' RS-8 Kum & Go 731 S. Riverside Dr. CC-2 148' 158' RS-8 Hy-Vee Gas 260 Stevens Dr. CI-1 Well over 100' Well over 100' RS-12 BP 1905 Keokuk St. CC-2 306' 333' RS-5 Casey's 1904 Broadway St. CC-2 150' 188' RM-44 BP 1920 Lower Muscatine Rd. CC-2 Well over 100' Well over 100' RS-5 Kum & Go 1310 S. Gilbert St. CI-1 Well over 100' Well over 100' RS-5 BP 206 E. Benton St. CI-1 Well over 100' Well over 100' RS-5 Kum & Go 25 W. Burlington St. RFC-SD Well over 100' Well over 100' RM-44 Kum & Go 323 E. Burlington St. RFC-SD 100' 123' RM-44 L&M 504 E. Burlington St. EMU 77' 91' RM-44 Casey's 204 N. Dubuque St. CB-5 83' 112' PRM Hy-Vee Gas 1103 N. Dodge St. CC-2 175' 192' RS-8 Sinclair 2153 ACT Cir. CH-1 Well over 100' Well over 100' RR-1 BP 2221 Rochester Ave. CN-1 130' 240' RS-5 BP 1370 Scott Ct. CN-1 136' 168' RM-12 *Measured from canopy MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION J U N E 6, 2 01 9 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: Randy Miller, Kirsten Frey, Lloyd Baumgartner, Greg McDonald, Sandy Steil, Keith Wiggan RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot, 13.76 -acre residential subdivision located at south of American Legion Rd. and northwest of Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. By a vote of 6-1 (Martin dissenting) the Commission recommends approval of CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. SUB19-6: Applicant: Claude and Adam Greiner Location: Johnson County, South of American Legion Road An application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76 -acre, 7 lot residential subdivision with one outlot located in unincorporated Johnson County south of American Legion Road and west of Wapsie Avenue SE. Heitner began the staff report with an aerial view of the subject property and a view of the current Johnson County Zoning, the subject property was recently rezoned to an R — Residential zoning designation. The property is located in the Iowa City/Johnson County Fridge Area "B" which is Planning and Zoning Commission June 6, 2019 Page 2 of 9 outside of the projected Iowa City growth area. The request is to subdivide the subject property into seven lots for single-family development with one outlot for future development. The Fringe Area Agreement does state a preference for agricultural uses in this area however in January 2019 City staff and City Council members met with Johnson County staff and Board of Supervisors members to form a conflict resolution committee to review the rezoning of this parcel. After additional consideration the committee decided to proceed with the rezoning to R - Residential. The proposed subdivision splits the subject property into seven separate lots, ranging in size between 1.15 and 1.46 acres. Three new streets will be built in the subdivision. Two of these new streets will have direct access to American Legion Rd. SE. The third street, Maddi Ln. SE., will stem off of Declan Dr., and provide access to four of the seven planned single-family homes. Each street will be equipped with a hammer -head turnaround to accommodate emergency vehicle access. All three new streets will be required to conform to the City's rural design standards. With respect to water and sewer services all seven lots will use the same well for water access and each individual lot will be required to have its own septic system. These septic sewer systems will be required to conform to the Johnson County Board of Health Rules and Regulations Governing On -Site Wastewater Treatment Systems. Staff recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76 -acre, 7 lot residential subdivision with one outlot located in unincorporated Johnson County south of American Legion Road and west of Wapsie Avenue SE. Next steps: pending approval of the preliminary plat for the Bluegrass Ridge subdivision by the Planning and Zoning Commission, the application will be forwarded on to the City Council for review. If the application is approved by City Council, it will be heard by the Johnson County Board of Supervisors for final action in July. A decision on the preliminary plat from the Iowa City Council must be made before the Johnson County Board of Supervisors can take final action on the application. Hensch stated this was the zoning application the Commission voted no on, however the vote of no was because of the problems with the language in the Fringe Area Agreement, not with the application. Hensch opened the public hearing. Sandy Steil (MMS Consultants) noted there has been a change in this application and it has been deferred for 30 days in Johnson County as they have to do stormwater calculations for water quality and quantity. MMS engineers are working on that right now but will not be going before the Johnson County Planning and Zoning on June 10 but rather on July 11. Signs noted the cul-de-sac bulbs were actually in the neighboring property so assumes it is owned by the same person. Steil confirmed Claude Greiner owns the property to the south and most of the stormwater will go to the southern edge of the property as well. Hensch asked if Outlot A would be a dry retention. Steil replied some water would go there but not enough to make a wet pond. Hensch closed the public hearing. Parsons moved to recommend approval of SUB19-06, an application submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot, 13.76 - acre residential subdivision located at south of American Legion Rd. and northwest of Planning and Zoning Commission June 6, 2019 Page 3 of 9 Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. Baker seconded the motion. Parsons noted since the issues with the Fringe Area Agreement were resolved this should be approved. Hensch agreed. A vote was taken and the motion passed 7-0. CASE NO. ZCA19-1: Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the separation distance requirement between fueling dispensing equipment and residential zones in the CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones. Heitner noted staff recently received a site plan concept for a complete renovation of the Kum & Go gas station, located at 955 Mormon Trek Boulevard. He noted quick vehicle service stations, as they termed in the Code, or gas stations require a special exception to operate in neighborhood commercial (CN -1) zones and with that special exception comes a number of criteria points that must be satisfied in order to be able to operate. One of the special exception criteria points requires a 100 foot separate distance between fuel dispensing devices, or gas pumps, and residential zone boundaries. Due to the size of the parcel at 955 Mormon Trek Boulevard it is not possible to meet the current 100 foot separation distance required. Heitner showed a view of the area and images from the neighboring properties. The property to the south is about 95 feet to the public sidewalk from the station's canopy. The other image shows the far western edge of the stations current parking lot and neighboring property to the west. Heitner noted the current requirement gas pumps must be at least 10 feet from any street right- of-way and at least 100 feet from any residential zone boundary except for CB -2 zones where the requirement is 70 feet. Staff is proposing the same right-of-way requirement of 10 feet but a reduction from 100 feet and 70 feet to 50 feet from any residential boundary in all applicable zones. Heitner noted Section 14 -4B -4B -12J of the City Code has a provision that allows the Board of Adjustment to modify or waive requirements that station sites must conform to the Central Business Site Development Standards or Riverfront Crossings or East Side Mixed -Use Form - Based Development Standards and staff is recommending that stays the same and the potential to modify those requirements stay intact. Additionally Heitner wanted to clarify what they mean by residential zones, they are RR -1, RS -5, RS -8, RS -12, RM -12, RM -20, RS -20, RM -44 and PRM. Heitner stated when staff began analyzing this issue they reviewed how other cities were regulating this topic. Upon considerable research both in Iowa and nation-wide, and found varying approaches. Certain cities don't codify this at all in their zoning code, certain cities choose to let the fire code or gas/fuel codes handle safety separation distances. Heitner showed a number of cities that do use the same type of distance metric Iowa City uses, the distance between fuel pumps and residential zones, and it shows Iowa City on the higher end of restrictions. The collective average shows most cities between the 20 foot and 50 foot range. With regards to cities just in Iowa and a lot of cities in Iowa don't codify this issue in their zoning codes, Dubuque, Cedar Falls and Waterloo do use the same method as Iowa City, all three are considerably less than Iowa City's 100 foot requirement. Davenport has a fairly generous requirement of 15 feet from pumps to side or rear lot lines, Marion is similar but does require a Planning and Zoning Commission June 6, 2019 Page 4 of 9 landscape buffer, Ames does not use the method of pump distance but rather their station canopy has to be 10 feet away from any right-of-way line, West Des Moines has a more aggressive requirement of 50 feet, and Des Moines only state an open space requirement of greater than 20% of the site (or 1000 square feet) has to remain as open space. In terms of adherence to Iowa City's International Fire Code, Section 5704.2.11.2 of the 2018 International Fire Code only requires a 10 foot separation from fuel dispensing equipment and residential boundaries. Heitner noted another analysis staff reviewed was what the existing conditions with gas stations in the City and what might be considered nonconforming. He showed a slide of 20 gas stations within the City and their respective distances from station canopy to the nearest residential zone and also nearest residential structure. By and large most stations in Iowa City are well over the current 100 foot separation distance requirement, there are three that encroach on the requirement are older stations that predate the Code requirement. The zones that allow quick vehicle service stations are CN -1, via special exception only, CH -1 is a provisional use, and CI -1, CC -2, CB -2, CB -5. Heitner showed a map of potential areas where quick vehicle service stations could be located either by special exception or by provisional use. Staff's rationale for the text amendment is the current requirement places a strain on current gas stations that might service denser areas of the city if located near a residential zone. Many cities both nationally and in Iowa have a residential zone separation requirement of either equal to or less than 50 feet, and this amendment would allow for consistency for separation requirements across all zones. Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14 -4B -4B -12C: Unenclosed canopies over gas pump islands must beset back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. Martin asked about other older stations and when the 100 feet requirement was added to the Code. She feels the requirement was added for a reason, health related, safety related, there must have been a reason as to why it was added. Heitner stated he researched the City records and was not able to find where the requirement came from. He did note having some sort of distance requirement in the zoning codes is an attempt to reduce negative impact on areas adjacent to gas stations. That being said, the peer data showed 100 feet seemed to be quite a bit higher than other areas. Hektoen stated if they didn't know the rationale for the 100 feet than why treat different zones differently. Her concern is it should be consistent throughout the City and one area should not be given more distance than another. Without the legislative history on this item this was the best method of mitigating allegations of the City being arbitrary and capricious, this is more consistent. Martin asked why then make it 100 feet for all areas. Hektoen said they could not find a rationale to support that regulation. The Fire Code seemed to be the best source for determining the reasoning. Planning and Zoning Commission June 6, 2019 Page 5 of 9 Dyer asked if they approve this text amendment then can the Kum & Go on Mormon Trek Boulevard go ahead and build a bigger canopy and be closer to the residences adjacent to property. Russett said they will need a special exception to renovate their site and would have to meet the 50 foot requirement staff is proposing and staff would likely recommend the Board of Adjustment place a condition on the special exception that they could not increase the number of fueling pumps than what is currently there. Baker asked then if there is a remedy for this Kum & Go renovation other than a zoning code change. Russett said there is not. Dyer stated her concern is beyond this discussion in that particular gas station is at a lower elevation than the properties next to it and the canopies on the newer Kum & Go's seem to be higher than the existing ones and the light from the canopy will go right into the apartments in those buildings next door. Hensch noted there are regulations regarding downcast lighting. Russett confirmed the City does have lighting standards and in this area they could not spill over into the residential areas. The Board of Adjustment through the special exception process would also look at screening requirements and would be subject to the City's highest screening standards. Baker said if there is no remedy except changing the Code for this applicant, if this issue had not arisen from this applicant had there been any other complaints or concerns about this regulation. Russett stated they had not. Baker noted then from this one request came all this staff time, with no clear rationale as to why the 100 feet regulation was in place versus something else. Hensch stated the only definitive rationale is the 10 foot from the International Fire Code. Dyer noted that virtually every other gas station in town is further than 100 feet from a residential area. Baker agreed noting all new gas stations have come in and been developed using that regulation so this is just a matter of this one particular station that wants to redevelop. Baker likes the 100 foot rule, but would like to solve the problem for this one applicant as well and wishes there was another solution than a Code amendment. Townsend noted if they change the Code to 50 foot then any new development can use the 50 foot rule. Russett clarified the distance separation requirement does not apply to zones that allow residential uses but are not residential zones. So if it is a Riverfront Crossings Zone that allows mixed-use the 100 foot separation distance does not apply, if it is next to a commercial zone that allows residential uses the 100 foot separation distance does not apply, it specifically applies to the distance between the pumping equipment and residential zones, not to the residential uses. Hensch added it is to the residential boundary, not to the residential structures. Signs asked if the Board of Adjustment could assist with this particular issue. Russett said the applicant cannot go before the Board because they do not meet the current requirement of 100 foot separation. Hektoen stated what the Commission is being asked to amend tonight is the special exception approval criteria, the current criteria states they must be 100 feet away, staff is recommending that be amended so the special exception approval criteria be 50 feet. Russett added some commercial zones allow gas stations as a provisional use which means an administrative review and approval, other zones require a Board of Adjustment special exception. Hensch opened the public hearing. Planning and Zoning Commission June 6, 2019 Page 6 of 9 Keith Wiggan (CDA, 3505 South East Crossroads Drive, Grimes Iowa) is joined by Brittney Andreason and Scott McGee with Kum & Go to address the Commission regarding the Mormon Trek Boulevard site specifically. They met with City staff and Kum & Go many month ago, this is a site Kum & Go is very excited to have an opportunity to redevelop. This site has been in operation for quite some time and this presents an opportunity to clean up the site and improve access to the site and update the site to Kum & Go's current prototypes. It will be very similar to the new building on Muscatine Avenue. With the Mormon Trek site they were originally hoping to do more than three pump island and had some conversations with staff on limiting it to three pump islands, the site itself is 158 feet wide so with the 100 foot minimum separation with residential on two sides abutting the site is not possible. So they started the conversations on how to make this site work for redevelopment. In regards to the canopy height and lighting, they are looking at slightly different orientation and will plan the site accordingly to minimize or eliminate those concerns, they will meet the lighting standards and Kum & Go's lighting fixtures are all downcast lighting and would be limited at the property line. With regards to some of the comparisons to other convenience stores in Iowa City it is hard to compare this site with others because this site is less than one acre in size and typically they look at sites for development closer to two acres so there is the opportunity for more separation. Dyer asked how the orientation of the site would be different than it is now. Wiggan said it would be with regards to access to Mormon Trek Boulevard, there are currently two access points, one to the north and one to the south very close to the signal so they are working to get that southern access further away from the signal. They would rotate the store 90 degrees so it faces north, right now the canopy and the store run north/south, it would be rotated 90 degrees to run east/west to give the ability to move the access point to the north a bit. The pumps would also be on the north side of the store. Parsons asked if there was any way to incorporate the access to Mormon Trek with the intersection. Wiggan explained that is a different property so they could not do that. Hensch closed the public hearing. Parsons moved to recommend to approve the following proposed text amendment to 14- 4B -4B -12C: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. Townsend seconded the motion. Hensch thanked staff for all the data as it is very helpful and to see the randomness of numbers from other cities shows there was probably nothing concrete to base the 100 foot regulation on. The only distance known for sure is the 10 foot requirement from the International Fire Code. Looking at all the data the median, mode and mean all come up around 50 feet so that seems rationale. It is just from the pumps to the boundary, not to structures and he sees no reason to not support this amendment. Parsons agrees. Planning and Zoning Commission June 6, 2019 Page 7 of 9 Baker asked for clarification as the proposed language states "at least 50 feet" so the Board of Adjustment can require more if they feel it is appropriate. Heitner said there might be a situation where the distance is greater. Signs has no problem with this particular project, he is just confused because a few weeks ago there was complaints about 300 feet from a gas station to residential in the Forest View development. Hensch noted he was fine with the gas station in that development. He believes the issues was with lighting and noise, not an issue with the pumps themselves or fire issues. Dyer noted that is a problem everywhere. Parsons added in this case the noise and lights are already there. Signs asked if there are zones where gas stations are allowed by right and what are the requirements. Russett stated there are no zones where they are allowed by right. Hektoen said they are either a provisional use to be reviewed for things like lighting and screening, etc. by staff or go through the special exception process with the Board of Adjustment. Dyer noted a difference in this situation is the adjacent properties are low income and in Forest View they were a higher income neighborhood. A vote was taken and the motion passed 6-1 (Martin dissenting). CONSIDERATION OF MEETING MINUTES: MAY 16 2019 Parsons moved to approve the meeting minutes of May 16, 2019. Signs seconded. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Martin stated it was brought to her attention the apartment building on 1St Avenue and Hickory Hill where the retaining wall fell down, and she was telling Martin about the HOAs and the legal battle so Martin is curious because apparently part of the problem was the retaining wall was done incorrectly during the construction of the building and was either not caught during the City inspection or glossed over, so where is the City's liability? If the Commission recommends a rezone for a building and the inspectors miss something and something that catastrophic happens. Hektoen stated the City has no liability, the developers are required to hire their own engineers and those engineers have to certify the plans was done according to best engineering practices. The engineers carry malpractice insurance in case of catastrophes. The City does go out and inspect various things but the City is not on the hook. Russett added the City does not issue building permits for retaining walls nor do they inspect retaining walls. Russett stated City Council did adopt the rezoning ordinance for the Forest View development with the gas station portion of the project removed. Hensch asked why it was removed. Russett said the concerns was impacts to climate change and traffic generated so removing that gas station addressed both those concerns. They did add in some electrical car charging stations and additional lighting in the area. Signs asked what the Commission's role is at the preliminary plat phase. Hektoen said they are making sure the plat is designed in accordance with the City's Subdivision Design Standards. Street layout, utilities, etc. Planning and Zoning Commission June 6, 2019 Page 8of9 Adjournment: Parsons moved to adjourn. Townsend seconded. A vote was taken and the motion passed 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 7/5 8/16 9/6 9/20 10/18 12/20 1/3 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 6/6 BAKER, LARRY X X X X O/E X X X X X X X X X O/E X DYER, CAROLYN X O O/E O X X X O/E X X X X X X O/E X HENSCH, MIKE X X X X X X X X X X X O/E X X X X MARTIN, PHOEBE X X X X X X O/E X O/E X X X O/E X X X PARSONS, MAX X X O/E X X X X X X X X X X X X X SIGNS, MARK X X X X X X X X X X X X O/E X X X TOWNSEND, BILLIE X X X X X O/E X X X X O/E X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member +r P_ jwi CITY O� IOWA CITY www.icgov.org June 18, 2019 Ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -0). (REZ18-00019) /_1ii_Xa:ILTi 140h& I Description Staff Report with Attachments Planning and Zoning Commission Minutes (05.16.2019) Rezoning Ordinance - Conditional CZA To: Planning and Zoning Commission Item: REZ18-00019 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner, Associate Planner and Luke Foelsch, Planning Intern Date: May 16, 2019 Applicant: M & W Properties P.O. Box 5152 Coralville, IA 52241 319-430-5991 Rvanwade1000@gmail.com Contact: Mark Seabold - Shive Hattery 2839 Northgate Drive Iowa City, IA 52245 319-354-3040 mseabold@shive-hattery.com Property Owner: (same as applicant) Requested Action: Rezone 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single - Family Residential (RS -8) to Riverfront Crossings - Orchard Subdistrict (RFC -0) Purpose: Redevelop the properties according to the Riverfront Crossings - Orchard Subdistrict Standards Location: 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: K I mp l � r ESE 7� Li pEsdawk, Awl I a Approximately 1.748 acres total Four duplexes and four single family dwellings, all zoned Medium Density Single -Family Residential (RS -8) Northwest: Multi -Family dwelling (OPD -5) Northeast: Multi -Family dwelling (RFC -0) East: Kum & Go (RFC -WR) South: Single -Family dwellings (RS -8) West: Single -Family dwellings (RS -8) Mixed Use Downtown and Riverfront Crossings Master Plan, Orchard Subdistrict Miller/ Orchard (SW4) Property owners located within 300 feet of the project site received notification of the Planning and Zoning Commission public meeting. November 29, 2018 Waived 45 -day limitation period. BACKGROUND INFORMATION: The applicant, M & W Properties, has requested a rezoning from Medium Density Single - Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0) for 1.748 acres at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street. In 2016, the City Council adopted an amendment to the Downtown and Riverfront Crossings Master Plan by adding the Orchard Subdistrict. The new subdistrict 3 encompasses properties located along Orchard Street and Orchard Court north of Benton Street, and was created to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along Riverside Drive and the lower intensity single-family residential neighborhood to the west. In 2017, the City Council adopted an amendment to the zoning code to incorporate the Orchard Subdistrict into the Riverfront Crossings form -based code. The zoning standards were adopted to ensure that buildings are complementary in mass and scale to the adjacent single-family neighborhood, and to require a 30 -foot setback between Orchard Subdistrict development and the adjacent single-family zone. This zoning code amendment also included the addition of the Orchard Subdistrict to the Regulating Plan. The applicant held a Good Neighbor meeting prior to the Comprehensive Plan Amendment on February 11, 2016 but have not held a Good Neighbor meeting for this specific rezoning application. ANALYSIS: Current Zoning: The properties are currently zoned Medium Density Single -Family Residential (RS -8). They are located on the westernmost edge of the Orchard Subdistrict, which is the westernmost Subdistrict in Riverfront Crossings. A large swath of similarly zoned RS -8 parcels extends to the south and west. The maximum allowable density in the RS -8 zone is 8 dwelling units/acre. There are currently 12 total dwelling units in this area (over 1.748 acres) Proposed Zoning: The proposed Riverfront Crossings Orchard Subdistrict (RFC -0) zone is "Intended for lower intensity residential development in buildings with street -facing entries opening onto pedestrian -friendly streetscapes that provide a transition between higher intensity mixed- use areas along Riverside Drive and low -scale residential neighborhoods to the west." This zone was tailored specifically for an approximately 5 -acre area, within which the subject properties are located. The zone also explicitly prohibits commercial and industrial uses in this zone, except in live -work townhouses. The RFC -O zone does not restrict density through limitations on dwelling units per acre, but rather through limitations on maximum building height. Unlike the other RFC Subdistricts however, the Orchard Subdistrict has no bonus height provisions and therefore is not eligible for any additional height above the base maximum of three stories. Multi -family buildings in this subdistrict that are two stories or greater are also required to have a 10' stepback, intended to mitigate the visual impact of larger buildings. The attached development concept accompanying this rezoning application is proposing a total of 125 dwelling units between two buildings to be located on the rezoned area. While the proposed rezoning will result in an increase in the number of housing units, it will still provide a transition from the West Riverfront Subdistrict to the single-family housing to the west, due to the development standards that are required in the Orchard Subdistrict. If the proposed rezoning is approved, future developments in this area will be subject to the Affordable Housing Requirement in place for all Riverfront Crossings zoning designations. This requirement mandates the provision of affordable housing units in the amount of 10 II or more percent of all dwelling units in the development. This requirement may also be satisfied through a fee in lieu contribution to an affordable housing fund. Staff is recommending that a condition of the rezoning be that the applicant satisfy the affordable housing requirements in section 14-2G-8 as needed. Existing Land Uses: The subject property currently contains four single-family dwellings and four duplexes. It is abutted to the east by a Kum & Go convenience store, constructed in 2016. To the south and west lie single-family dwellings. North of the subject property are multi -family dwellings, three built in the 1980's, and one that was completed as a part of the Riverfront Crossings — Orchard Subdistrict in 2018. Rezoning Review Criteria Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; and 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The subject properties are in the Orchard Subdistrict of the Downtown and Riverfront Crossings Master Plans. Figure 1.0 shows an excerpt from the master plan that lists the plan objectives, desired development character for the district, and the types of development envisioned for this area. The development that is currently planned for the proposed rezoning would satisfy several of these objectives. It would create a transition from larger -scale mixed use and commercial buildings along Riverside Dr. to single family housing to the west of the district. By keeping the height of both proposed buildings at a maximum height of three stories, the applicant can provide the desired number of units, but do so in a manner that is not overbearing to the single family uses to the west. Rezoning the property to the new designation will facilitate the type of redevelopment envisioned for this specific area in the Downtown and Riverfront Crossings Master Plan. This conformance with the form -based code complies with the intent of the Comprehensive Plan for this area. Figure 1.0 Orchard District Summary Master Plan Objectives. a Encourage redevelopment that is complementary in mass and scale to the adjacent single family neighborhood Create a transition from larger scale mixed-use and commercial buildings along Riverside Drive to single family r Improve design quality of development Create better and more visible street access Development Character: Buildings that are articulated and scaled in a manner appropriate for transition from the larger scale, mixed-use corridor to the adjacent single family neighborhood a Buildings fronting tree -lined streets a Parking located away from street frontages with minimal surface parking lots Use rear or side yard setbacks, upper floor stepbacks, and landscaping to create transitions to single family neighborhood Development Program: Limited to cottage homes, rowhouses, townhouses, live -work townhouses, and two to three-story multi -dwelling buildings with third floor stepback High level of design in exchange for increased density 5 Compatibility with the Existing Neighborhood Character., The proposed rezoning is distinct from a typical rezoning in that the impetus for the Orchard Subdistrict zone's creation was to ensure neighborhood compatibility. It was expressly created to provide a transitional buffer between the more intensive development allowed in the Riverfront Crossings — West Riverfront Subdistrict (RFC -WR) to the east and the existing Medium Density Single -Family Residential (RS -8) to the west. Any general neighborhood compatibility concerns for this area were addressed during the 2017 zoning code amendment process which established the RFC -0 Subdistrict. A goal of the Orchard Subdistrict is to improve the aesthetics of development in the area and encourage the development of high-quality housing that meets the needs of the community. The form -based standards will ensure that development on the properties will be designed in a manner consistent with the residential character envisioned in the Downtown and Riverfront Crossings Master Plan and provide new affordable housing options consistent with the Riverfront Crossings affordable housing obligation. The applicant is currently proposing two separate 3 -story multi -dwelling unit buildings. The attached concept plan shows one larger building running north -south between Orchard St. and Benton St., with the other building being set back off Orchard Court. The second building would be situated in the location that is currently occupied by 224 — 330 Orchard Court. The proposed development is planning on increasing the front yard setback off Benton St., in addition to creating a pedestrian oriented street beside the current Orchard Court right-of-way to provide a neighborhood park setting. Transportation and Access City staff requested that the applicant submit a traffic study to evaluate how the proposed development might impact traffic in the area. The study examined two adjacent intersections located at the crossing of Benton St. and Orchard St. and Benton St. and Riverside Dr. The analysis indicated that the proposed development would operate at LOS (Level of Service) D through 2040 during peak periods as measured by the Iowa DOT. This level of service is generally acceptable in urban conditions. The development as proposed is anticipated to create an additional 30-40 peak hour trips during AM and PM peak hours (approximately 7:30 A.M. to 8:30 A.M. and 4:30 P.M. to 5:30 P.M.). However, the City is not looking to signalize the intersection of Benton St. and Orchard St. at this time. A signal at this intersection would create the shortest signal to signal block in the city. This increase is not large enough to mandate installation of a traffic signal because of this proposed development. The applicant has also applied for the vacation of approximately .10 acres of right-of-way located to the north of the subject area. This area would be used to provide access for residents in the proposed development, and for emergency response vehicle access from Orchard Street. Staff is recommending a condition that the applicant install a hammerhead turnaround at the far western end of the proposed driveway to help with access for emergency response vehicles. The survey of the area to be vacated can be seen below in Figure 2.0. Staff is recommending that a condition of the rezoning be that the rezoning is contingent upon approval of the associated right-of-way vacation. 0 Figure 2.0 VACATION EXHIBIT A PART OF S. RNERSIOE COURT IOWA CITY, IOWA. I / I � / I 3 m11 c0INTOFOEGINNING VACA D Li G ® e 4 I 25.94' I yv 7-m-7--u-1NRVE TneLE To match right-of-way space along Benton St. that has been allocated to the Kum and Go station located at the northwest corner of Benton St. and Riverside Dr., the City is requesting that a condition of the rezoning be that the applicant provide an additional 15' of right-of-way off Benton St. This increased right-of-way will allow for continuation of the 6' sidewalk located to the east of the subject property. The City is also recommending a condition that the 6' sidewalk that is located to the east of the subject property be constructed along the Benton St. frontage of the subject property. The separation distance between the proposed sidewalk extension and the existing street is wide enough to accommodate an additional lane on the north side of Benton St., should the City need to widen Benton St. In addition, the City is recommending a condition that the applicant construct a sidewalk along the Orchard St. frontage of the subject property. Sidewalks will be built to specifications to be determined by Public Works. The Iowa City Bicycle Master Plan's Functional Bikeway Network indicates Benton Street as a Principal On -Street Bikeway, and the particular stretch on which the subject properties are located is marked for "Bike Lanes with New Construction/Reconstruction." Furthermore, Iowa City's Benton Street & Riverside Drive bus stop (Stop 8005) is located along Benton Street just east of the subject properties and is served by the Westport Plaza bus line with buses arriving every hour. Staff further recommends a condition to provide a 30' wide access easement between the north right-of-way and Benton St. Staff recommends that this easement be put in place now, should it be determined that an additional point of access to the area is necessary in the future. An approximate location of this access easement is shown below in Figure 3.0. VA Figure 3.0 The attached concept plan shows a pedestrian street running north -south between the two proposed multi -family residential buildings. This pedestrian street is required by Riverfront Crossings Regulating Plan. Staff is recommending a condition that the applicant construct the pedestrian street shown in the attached concept plan. A 30' wide public access easement will be required over the span of the pedestrian street. Open Space Requirements All projects with residential use in a Riverfront Crossings zoning designation are subject to private Open Space Requirements. This requirement amounts to the provision of 10 square feet of open space per bedroom, amounting to no less than four hundred square feet of open space total. The proposed developments would be subject to this requirement. These requirements will be verified at Design Review. Public Utilities City staff anticipates that the existing stormwater infrastructure will be able to accommodate runoff from the proposed development. Public Works will verify water flow requirements for the development at site plan review. The area is serviced by a 6" water main off Orchard St. There is a possibility that this will not be a large enough main to service this project. If it is determined that a 6" main is not sufficient for the proposed density, then the developer will be responsible for increasing this main from 6". NEXT STEPS: Upon recommendation of approval from the Planning and Zoning Commission, a public hearing will be scheduled for consideration of the application from the City Council. Upon approval from the City Council, plans for the two multi -family residential buildings will be reviewed administratively through Site Plan Review and Design Review. Once these administrative reviews are complete, the applicant can file for any necessary building permits. N. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.748 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1) Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2) Construction of a hammer -head turnaround for fire/emergency response vehicles in the driveway area to the north of the rezoning assemblage. 3) The rezoning is contingent upon City Council approval of VAC 19-1. 4) The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 5) Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 6) Construction of a sidewalk along the Orchard St. frontage of the subject property. 7) Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 8) Construction of the pedestrian street as shown in the attached concept plan. 9) Dedication of a 30' wide public access easement over the span of the pedestrian street. ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Concept Plan and Renderings Approved by: Danielle Sitzman, AICP Department of Neighborhood and Development Services .'llo 44 Ot CITY OF IOWA CITY r R HgRDD T' W110 lv� yj ',T' ".x •}� L Lam. ' _ r - I' y s: TZ 0! 00 go ' 4C. r �- W BENTONS T Mow OKA f I y � : l f An application submitted by M&W Properties LLC for a rezoning of 1.748 acres from Medium Density'`^' Single -Family Residential (RS -8) to Riverfront �- c'osTG Crossings - Orchard Subdistrict (RFC -0) at 204 W Benton Street; 224, 226, 330, and 650 Orchard Court; 711, 725, and 741 Orchard Street. ? , " .'llo 44 Ot CITY OF IOWA CITY CC2 RS8 RS8 OPD5 RFC -O ° CC2 11 OPD5 v CC2 W20 RS8 RS8' RFC-0 H r u • � OPD5R p CyARO RFC -WR rq RS8 RS8 CT S CC2 C. W20el a RS8 Z RS8 m RS8 RS8 O RS8 RS8 RS8 RS8 RS8 :S8 RS8RS8 < RFC WR ! RS8 X RS8 To - RS8 o RFC -WR RS8 = r RS8 RS8 RS8 RS8 RS8 RS8 o ow ++ RFC -WR RFC-WRa�� RS8 :S8 RS8 RS8t _ - is e !, W BENTON ST�� A. A 7 RS8', I `. °fi ,� CC2 CC2 O CC ' RS8 RS8 RS8 R �_ CC2 � * CC2 RS8 D RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 r CC2 �I� A,� CC2 a, RS8 RS8 CC2 RS8 RS8 C– S8 _ N f9 CC2 An application submitted by M&W Properties LLC s RS8 « cc2 for a rezoning of 1.748 acres from Medium Density CC2 Single -Family Residential (RS -8) to Riverfront cc2Crossings - Orchard Subdistrict (RFC -0) at 204W 7'.m Benton Street; 224, 226, 330, and 650 Orchard + RS8 CC2 CC2 s cc2 Court; 711, 725, and 741 Orchard Street. I CC2 RS8 , - .,,., I — , ..,., , .,.., ...,., ....., ....., ..w . 1-1 " s CC2 f 'CC2* Orchard District ^Y 6 M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa MMOOOO mob -51 �Y a is 'via G& F �a Wa. w 1w fps J N- _ I• u I� L lb tl� kip 4 � - O 40 0 � 1 0 40 08.31.2018 S H I V E F I ATT E RY ARCH I T E C T U R E +ENGIN EERI NG •i .e �.. .tea — fes■ ON ST `19D M i M - 632 �1 R Orchard Y _ 26 224 � F 10 W J fa - m qPF . I, 2 5 - I Ar H 34-1 ' Y 224 220 734 rt J, �I 204 ice' - - A 3m I r. X - . F a �1 .rww IF ml I .T �Ikl� iA 804®® � e 1 � a jog P, = 3_ 9W 2 21AM— M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa 08.31.2018 S H I V E I- I ATT E RY A R C H I T E C T U R E+ E N G I N E E R I N G 7o1 - 1 -r 7vb� 770 714 s— L--7 r— r:— .- - - 41 • � 330 IP L 614 81L I7, Orchard District • i 06 -MAMMMIM6 6224, IL 2f 3 205 NNW 225 2AWEL 21 zr� M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa Previously Rezoned RFC -0 and developed utilizing Iowa Form Based Code. 1: ity's i! Or d, L A11 - IN — — --------- — — ------- II ~ A --- � wi Ob Properties to be Rezoned to f - �� . 4 73 AN dim an fA- JL 08.31.2018 SHIVEHATTERY ARCHITECTURE + E N G I N E E R I N G A +� 00 oilOgg� aty -I EI, r '.� (' Y /� .. �� .• •_ a ti`ty _'•�-rlr w.T_ _ _ `+V�- - - _ _ - _- +_� ` • +':� � .f w \ -� • �w � .,`� Y ��; +��--mss r i.►.... `�x� Wit. �4s•,�:�, "';�,„;,�. � s.� VN Dncept Benton Street rendering as part ot co M & W Properties Orchard District - Rezoning to Iowa Riverfrc .1r: 0 Am a0 a N tS F_i P. Y ra .- 1.11,, 4111 � �'6' �'-• ei°!^�■ 1-� �Il�ar �� a 3 " r 7 �5 L IL[i SO V`1`1-;�O-',�, 6 r� Ilk, ` may- '� �� •�ta �IR� � 61:191Z :� [� 1 �l �I�] � �[�I�I� ■ �Y FA F-1 X111210 i� y � ter. a � -� •, --- _ a_ •. - +� y .•: ` '•. !' fpr::-. �,� -,; - •,,,, � Irl° � , `�. - �,—�- � IN i Ink L y • � - �. '� �� ..... '*�.. � - may,° o � q�r^... *. 'ti* y.��. .". '° �, � .- l' ki �.. � _.. � '� �•�� !i Pr r •i . 4 - IL 1wr ca x WR I 5 �_ -``- "-- '' ',-a�-+.' " - _ �� ,-ter■ I` 11! mss,_, _ —, y•.r n,'�,�„�y. '�.�— •r—�+w't3Y• � �s - •� �,F•i — � _ s x _ I _ I I I !! �Aplia' 'T a t I — I ti— l.- 11_Ij� I I 1 �� i•� I "I i �� 1 � I'V i• _ f - + . '% % 'row v_ 1 lip. 41 _ w _ IL 1 94 i + d # *I or !' Mt i V it 11 1 1%V y +Iwo'qj ,• [� t 1b+ lo lb " & *�`� B i!I lip. k r 1b lb It lb N WAS 4 II t II «. +i .. i. Rip a _ ■ AL —& v VO II I� I 4 r IL l y iw 16 1 L 3 .. , icreased _ � 1 i front •setback 4'P tr Benton Street idening l 9 � g E ' concept aerial view submitted as part of comprehensive plan approval - City Council meeting July 5, 2016 (modified April 2019 to show inclusion of 330 Orchard Court) M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa 08.31.2018 S H I V E F I ATT E RY ARCH I T E C T U R E +ENGIN EERI NG 'd s 16 ■� lb %k A e t Oro ■ MAP Nr 10 k.•,.� . A 9. �.. .4 Y 9. L 7 � ` A , 5. + Y. 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HARVAT HALL, CITY HALL MEMBERS PRESENT: Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Larry Baker, Carolyn Dyer STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: John Yapp, Mark Seabold, Ryan Wade, Randy Miller RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30' wide public access easement over the span of the pedestrian street. 9. Landscaping plan approved by City Forester to include street -lined trees in the right-of- way. 10. The vacated land from VAC 19-1 be zoned RFC -O as well. By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of- way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1 st St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: Planning and Zoning Commission May 16, 2019 Page 2 of 7 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. By a vote of 5-0 the Commission recommends City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a conditional use permit to expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions with a note the Johnson County Board of Adjustment address concerns regarding amplified sound in the evenings. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ18-00019: Applicant: M&W Properties Location: Northwest corner of Benton Street and Orchard Street An application submitted by M&W Properties for a rezoning of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0). Heitner began the staff report showing an aerial view of the subject property and a map of the surrounding zoning of the property, the current zoning is RS -8, all the properties located to the immediate west and south are also zoned RS -8 there is an RFC -O zoning to the immediate northeast, which was a project also completed by this applicant in the last year. The intended development is for two multifamily buildings with a combined total of 125 units, each building would have the zone maximum height of three stories. In terms of compliance with the Comprehensive Plan, the Orchard Subdistrict was added to the Downtown Riverfront Crossings Master Plan in 2016. That subdistrict encompasses properties located along Orchard Street and Orchard Court north of Benton Street, and was created to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along Riverside Drive and the lower intensity single-family residential neighborhood to the west and south. Heitner noted there are several Master Plan objectives associated with the Orchard Subdistrict that deal with redevelopment that is complimentary to the mass and scale of the adjacent single family neighborhoods, transition from larger scale mixed-use and commercial to single-family uses and providing a high level of design in exchange for increased density. Heitner stated any neighborhood compatibility concerns should have been addressed during the 2017 Code Amendment process which established the Riverfront Crossings Orchard Subdistrict. He noted form -based standards will ensure high quality residential developments, and as mentioned earlier the maximum height for al buildings in this subdistrict is three stories with no height bonuses allowed. With respect to transportation and access staff did request a traffic study for the proposed development. The study determined the development would probably yield an additional 30 to 40 trips during the AM and PM peak hours (defined as 7am to 9am and 4pm to Planning and Zoning Commission May 16, 2019 Page 3 of 7 6pm). Staff is not looking to signalize the intersection at this time because the results of the study do not yield a tremendous amount of additional trips and there is some concern about having a signal at that intersection as it would create the shortest signal to signal block area in the City. Additionally the applicant proposes to access the property development with a new driveway that will be built on what is hoped to be a vacated City right-of-way to the north. Staff is recommending the rezoning is contingent on approval of the right-of-way vacation. Staff is also requesting dedication of 15 feet of right-of-way along the Benton Street frontage to match right- of-way that was dedicated in property to the east at the Kum & Go as well as a continuation of the 6 foot sidewalk. In addition to the right-of-way dedication staff is recommending the condition that applicant install sidewalks built to Public Works specifications along Benton Street and Orchard Street. Heitner added a couple more conditions staff is recommending with respect to easements, first of which is a 30 foot wide from 330 Orchard Court south to Benton Street should there be a need to add a private drive along this area if there is future demand. Another 30 foot wide public easement would be required over the span of the pedestrian street. Heitner stated next steps pending approval from the Commission, a public hearing will be scheduled for consideration of the application from the City Council. Upon approval from the City Council, plans for the two multi -family residential buildings will be reviewed administratively through Site Plan Review and Design Review. Once these administrative reviews are complete, the applicant can file for any necessary building permits. Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30' wide public access easement over the span of the pedestrian street. Heitner noted there was a proposed condition in the staff report regarding requiring a hammer - hear turnaround for fire/emergency response vehicles the proposed driveway area to the north of the rezoning assemblage. That condition was dropped as staff will examine options for emergency vehicle access during site plan review. Hektoen noted that condition 6 is the north/south easement down to Benton Street and it is her understanding the City owns the lot south of 330 Orchard Court so the City would have to impose an easement on its own property, the rest of the area is what the condition is imposing on the owner to dedicate. Martin asked about the sidewalks and if going towards the west at that width it will run into house Planning and Zoning Commission May 16, 2019 Page 4 of 7 there. Heitner said they do not have a concept for that sidewalk just yet, the intention is to fill in the gaps where there are sidewalks on Orchard Street. The Benton Street sidewalk will be pending the transition of the right-of-way and would allow for the sidewalk to be constructed. Signs stated the intent is to have the new sidewalk connect with the old sidewalk on Benton Street. Hensch noted under the Orchard District summary, development character section states one of the characters is that buildings should front tree -lined streets and there is no condition requiring approval of a landscaping plan by the City Forester to make sure that development characteristic is addressed. He also feels it would be wise to have a good mix of trees so that there is less chance of a total wipe-out due to disease (such as what happened to ash trees). Hensch questioned the need for Orchard Court to connect with Giblen Drive, it was discussed when the last development went in and wondered if it was discussed at this time. Russett stated it was discussed and staff decided instead of looking to access to the west to look at access to the south and that is why they are asking for the point of access easement. Townsend asked about a Good Neighbor Meeting, noting one was held in February 2016 for the Comprehensive Plan Amendment but wondered if another would be held for this development. Heitner stated it is staff's understanding the applicant does not wish to hold a Good Neighbor Meeting for this particular rezoning. Hektoen stated the Good Neighbor Meetings were held during the Comprehensive Plan Amendment process and changes to the Zoning Code. Signs asked if the traffic study was done by City staff. Heitner replied it was done by an outside consultant. Hensch opened the public hearing. Mark Seabold (ShiveHattery) spoke on behalf of the applicant. He noted that during the Comprehensive Plan Amendment and initial rezoning process they did hold a Good Neighbor Meeting and had two Planning and Zoning meetings, the first one was deferred because of the level of neighborhood input which drastically changed their plans. Because of all that neighborhood input at that time he is not shocked to see no one from the public at this meeting, the rules were established at that time and they have followed them on phase 1 of the project and are now just looking to move forward with phases 2 and 3. Martin noted in one of the conditions there is talk of affordable housing, would that be part of this project. When doing affordable housing in the buildings, they have to pick a percentage of units to meet a certain level of poverty level and when she looked at the costs of the apartments it appears there is a very low damage deposit and wondered if that affected the affordable housing. Ryan Wade (M&W Properties) noted it doesn't have anything to do with affordable housing. They have noticed over the years that when renting to professionals or graduate students they do not need to require such large damage deposits. Hensch asked about the landscaping plan, he noted the property to the north looks nice, and reiterated one of the fundamental characters of the zone is tree -lined streets and wants to add a condition of having a landscaping plan approved by the City Forester. Wade is agreeable to that and noted they plan to go above and beyond what is required by Code. Planning and Zoning Commission May 16, 2019 Page 5 of 7 Russett noted if the Commission would like street trees planted in the right-of-way if should be incorporated into the condition. Hektoen stated the vacation of the right-of-way application should also be discussed as it is a extraneous application and should it get approved and conveyed to the applicant it should be zoned consistent with the adjacent property and the legal description will include the vacated right-of-way. Hensch stated then it should be added to the vacation that the vacated right—of-way would be zoned RFC -O. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings – Orchard Subdistrict (RFC -0), subject to the following conditions: 11. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 12. The rezoning is contingent upon City Council approval of VAC 19-1. 13. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 14. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 15. Construction of a sidewalk along the Orchard St. frontage of the subject property. 16. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 17. Construction of the pedestrian street as shown in the attached concept plan. 18. Dedication of a 30' wide public access easement over the span of the pedestrian street. 19. Landscaping plan approved by City Forester to include street -lined trees in the right-of-way. 20. The vacated land from VAC19-1 be zoned RFC -O as well. Signs seconded the motion. Martin noted this application is a nice way to implement the missing middle concept that has been discussed in the past and it will be a nice density for the area. Hensch and Parsons agreed this will fit well into the area and a benefit to the neighborhood. Hensch noted the buildings in phase 1 turned out exactly as shown in the concepts and are very lovely. Signs acknowledged some concern regarding traffic at the corner of Orchard and Benton Streets, thinking 125 units will only generate 30-40 cars during rush hour seems light. Martin hopes with the proximity to the University perhaps it will be less vehicles and more bicycling or walking. Hensch agreed and said when the tunnel under the railroad tracks on Riverside Drive is complete that will encourage more people to walk. Signs also acknowledged the building in Planning and Zoning Commission May 16, 2019 Page 6 of 7 phase 1 was done nicely and is encourage the new buildings will be just as nice. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: APRIL 18, 2019 Townsend moved to approve the meeting minutes of April 18 2019. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett noted the Forest View rezoning and preliminary plat Council continued the public hearing for several meetings and voted on the first consideration at the last meeting, the vote was 7-0 in favor of the rezoning. There have been a few changes to the project, a major one is Council has removed the gas station and that parcel of land will be dedicated to the City as public open space. Also the three local landmark items that came before the Commission were all approved by Council (Senior Center, Ned Aston House and City Park Cabins). Russett also noted July 4 is on a Thursday this year, so the meeting will be rescheduled to July 3. Also staff is working on a form -based code with a consulting firm for a portion of the South District and the consulting firm will be in town July 24 and staff is hoping to have a joint Council and Commission work session to discuss the project. Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS, ANN X X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 BAKER, LARRY X X X X X X X O/E DYER, CAROLYN O/E X X X X X X O/E FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X MARTIN, PHOEBE X O/E X X X O/E X X PARSONS, MAX X X X X X X X X SIGNS, MARK X X X X X O/E X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Prepared by:Jade Pederson,Planning Intern,410 E.Washington Street, Iowa City, IA 52240;319-356-5230(REZ18- 00019) Ordinance No. An ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings- Orchard (RFC-O). (REZ18-00019) Whereas, the applicant, M & W Properties, has requested a rezoning of property located 204 West Benton Street; 224,226,330, and 640 Orchard Court; and 711,725, and 741 Orchard Street from Medium Density Single-Family Residential(RS-8)to Riverfront Crossings-Orchard (RFC-O);and Whereas, the Comprehensive Plan indicates that redevelopment should be complementary to the surrounding single-family neighborhoods in mass and scale and there should be a transition from large-scale, mixed-use and commercial buildings along Riverside Drive to single family residential;and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north-south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan that includes street trees, to be reviewed by the City Forrester; and Whereas, Iowa Code §414.5 (2019) 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, several areas of public need will be met by the acceptance of this ordinance, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment;and Whereas, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now,therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Medium Density Single-Family Residential(RS-8)to Riverfront Crossings-Orchard Subdistrict(RFC-O): Commencing at a point on the north line of Lot 10, Block 4,Cartwright's Addition to Iowa City, Iowa,which point if 50 feet west of the northeast corner of said Lot 10,thence north 15 feet,thence west 160 feet to the west line of vacated Olive Street,thence south 157.5 feet,thence east 217.5 feet,thence north 28.5 feet, thence west 57.5 feet,thence north 114 feet to the place of beginning; Excepting therefrom the following described tract,to-wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4,Cartwright's Addition to Iowa City, Iowa,according to the recorded plat thereof, thence west 105 feet,thence south 157.5 feet,thence east 105 feet,thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4,Cartwright's Addition to Iowa City, Iowa,thence 129 feet south to the point of beginning, thence east 57.5 feet,thence south 28.5 feet,thence west 57.5 feet,thence north to the point of beginning. AND The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast corner of Lot 10, Block 4,Cartwright's Addition to Iowa City, Iowa,according to Ordinance No. Page 2 the recorded plat thereof;thence from the point of beginning West 105 feet,thence South 157.5 feet, thence East 105 feet,thence North to the place of beginning. AND Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof,thence west 52.5 feet,thence south 157.5 feet,thence east 52.5 feet,thence north to the point of beginning. AND Auditors Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. AND Auditors Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa,and Affidavit Pertaining to Plat of Survey recorded in Book 3224,271, in the Records of Johnson County, Iowa. AND Lot 3, Block 4,Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated And Excepting therefrom Auditors Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder And Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa,according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, Iowa,thence 129 feet south to the point of beginning;thence east 57.5 feet;thence south 28.5 feet;thence west 57.5 feet;thence north to the point of beginning. AND Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated And Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. And except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. AND Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa,according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. And Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. Ordinance No. Page 3 SOUTH RIVERSIDE COURT VACATION That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows: Beginning at the southwest corner of Lot 7, Orchard Court Subdivision(Final Plat recorded in Plat Book 16, Page 29 at the Johnson County Recorders Office); thence South 87°26'06"East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly(chord bearing South 68°57'45"East 78.89 feet)to a point of intersection with a northerly line of Auditor's Parcel 2001007(Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorder's Office); thence North 0°13'34"East 15.01 feet along a line of said Auditors Parcel 2001007; thence North 87°26'06"West 256.51 feet along a north line of said Auditors Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwright's Addition(Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office,to a point of intersection with an easterly line of Gilbin's Subdivision(Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorder's Office); thence North 3°07'21"East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa,to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement.The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance,as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this_day of ,20_ Mayor Attest: City Clerk Approved by Ordinanc- No. Pag; 7-6(7764z City Attorneys Office /i. 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: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 06/18/2019 Vote for passage: AYES: Cole, Mims, Taylor, Teague, Thomas,Throgmorton. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published Prepared by:Jade Pederson, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5230(REZ18-00019) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), and M&W Properties LLC (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street, legally described in the attached Exhibit A; and Whereas, Owner has requested the rezoning of said property from Medium Density Single-Family Residential (RS-8)to Riverfront Crossings- Orchard Subdistrict(RFC-O); and Whereas, the conditions established in this agreement address several public needs, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding satisfaction of the affordable housing requirements set forth in section 14- 2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the•Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north-south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan with street trees to be located in the right-of-way, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) 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, Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for affordable housing, a transitional buffer from the mixed-use development along Riverside Drive to residential to the west, and accommodations for differing modes of transportation; and Whereas, 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. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossing master plan, Orchard Subdistrict. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides ppdadm/agt/draft_cza_rez18-00019__orchard_court.doc 1 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. 2. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall: i. dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City; ii. dedicate a 30' wide access easement running in a north-south direction generally along the western 30' of the vacated Orchard Court right-of-way south across the property locally known as 330 Orchard Ct., to the southern property line of 330 Orchard Ct., in a location approved by the City Engineer; iii. dedicate a 30' wide public access easement over the span of the pedestrian street; iv. Design and obtain approval from the City Forrester of a landscaping plan for the subject property. The landscaping plan shall include, among other plantings, street trees in the Orchard St. right-of-way; and v. Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City. b. Prior to issuance of a certificate of occupancy, Owner shall: i. construct a 6' wide sidewalk along the Benton St. frontage of the subject property in a location approved by the City Engineer; ii. construct a 5' wide sidewalk along the Orchard St. frontage of the subject property; iii. construct a pedestrian street as shown in the concept plan attached hereto as Exhibit B; and iv. install all plantings shown on and required by the approved landscaping plan. 3. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 4. The Owner and City acknowledge that in the event the subject property is transferred, ppdadMagtldrafl_Qa_rez18-00019_=omhard_wmt.doc 2 sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. 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. 6. The Owner acknowledges 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. 7. 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 Owner's expense. Dated this day of , 20_ City of Iowa City M&W Properties, L.L.C. Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: Approved by: 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 Seal) ppdadm/agt/draft_cza_rez18-00019_=orchard_court.doc 3 M &W Properties LLC Acknowledgment: State of County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee)of M &W Properties LLC. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadrWagt/dra8_cza rex1800019__orchardcourt.doc 4 sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement 5. 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. 6. The Owner acknowledges 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. 7. 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 r 5isafceuanzof f6ie ordinance, this agreement shall be recorded in the Johnson County • "'PRecpiiler's:'OffiCe the Owner's expense. Dated this . .:: day Of 20 City of Iowa City M&W Properties, L.L.C. Jim Throgmorton, Mayor By: Greg Laot�G/1 , OWner Attest: J Kelile Fruehling, City Clerk By: Approved by: City Attorney's Office 4113 A 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 Seal) ppdadadaBl/drefLez 18-00019_wdla,d_aoud.dae 3 M&W Properties LLC Acknowledgment: State of--A County of 3rkn Yl This record was acknowledged before me on to/Niaotq (Date) by C-,reg t'hcl_aok,,un (Name(s)of individual(s)as pt>r r (type of authority, such as officer or trustee)of M &W Properties LLC. /� rckcCYl . �ra Notary Public in and for the State of Iowa (Stamp or Seal) SUM itBIWA s n�I Title(and Rank) ion. i)ee.a4.,aai4 My commission expires: no0. otfi bI9 ppaadMaathrre rtroz1140010=orcharcL curtdee 4 Exhibit A Legal Description Commencing at a point on the north line of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, which point if 50 feet west of the northeast corner of said Lot 10, thence north 15 feet, thence west 160 feet to the west line of vacated Olive Street, thence south 157.5 feet, thence east 217.5 feet, thence north 28.5 feet, thence west 57.5 feet, thence north 114 feet to the place of beginning; Excepting therefrom the following described tract, to-wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 105 feet, thence south 157.5 feet, thence east 105 feet, thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, thence 129 feet south to the point of beginning, thence east 57.5 feet, thence south 28.5 feet, thence west 57.5 feet, thence north to the point of beginning. and The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning. and Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 52.5 feet, thence south 157.5 feet, thence east 52.5 feet, thence north to the point of beginning. and Auditor's Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. and Auditor's Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa, and Affidavit Pertaining to Plat of Survey recorded in Book 3224, 271, in the Records of Johnson County, Iowa. and Lot 3, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated and Excepting therefrom Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder and Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, ppdadMagt'dratcza_rez18-00019_orchard_courtdoc 5 Iowa, thence 129 feet south to the point of beginning; thence east 57.5 feet; thence south 28.5 feet; thence west 57.5 feet; thence north to the point of beginning. and Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated and Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. and Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows: Beginning at the southwest corner of Lot 7, Orchard Court Subdivision (Final Plat recorded in Plat Book 16, Page 29 at the Johnson County Recorder's Office); thence South 87°26'06" East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly (chord bearing South 68°57'45" East 78.89 feet)to a point of intersection with a northerly line of Auditor's Parcel 2001007 (Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorder's Office); thence North 0°13'34" East 15.01 feet along a line of said Auditor's Parcel 2001007; thence North 87°26'06" West 256.51 feet along a north line of said Auditor's Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwright's Addition (Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office, to a point of intersection with an easterly line of Gilbin's Subdivision (Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorder's Office); thence North 3°07'21" East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. ppdacm/egt/draft_cza rez18-00019__orcha,d_coun.doc 6 Exhibit B Concept Plan ppdadMagVdraft_cza_rez18-00019_crchard_court.doc 7 vl yAl Alio: • - • - . /Psi 1101 1 — iiiir.L--..— iig, t ii ii - : !° ,% a + �. ill!lill , — II �� 1kr, y ':;',Z-.'".4..!": ' (. igelTA :l. —., - rte. . . .. _ � . .. r .ter. .'.H+. .. _ concept Benton Street rendering as part of comprehensive plan amendment- July 5, 2016 M &W Properties 08.31.2018 Orchard District - Rezoning to Iowa Riverfront Crossings SHIVC-H-RATTER" 204 West Benton Street,Iowa City,Iowa Jr _ - '. pr . .• ' '' ...4C '''.41...‘..:,,Ik,...447:111:14,:171..1"" 77:7:-.. imil 011: .7 Itinum:PAilirIMLITEmciirlua-1;ljk: \.,.-:':: 'llE.11"t:'::.41711.:4:.•,t:,....'-4L‘..,%.-4:_.,,.416....z,.7r,:::::2:\t'l:\-t,i7N'L' ...\ :1-11.1\ 71'17: MIMI , . 1' ''tV4,_, ---- t''' \Z' ..''4" k \ \-- \ \ ,_I. .4...\,....,...._:: IF 1101.= EILAI • ---1 : ' --- -- - : '--- ---::-..-" .. --- , N •41.N. t , if WU= 111111.11 ' •:Ar."' t, Ifffirm--...1115 " !mum mow ., misnis ,,-- .. . • ' n IIMIMI •‘7"51,ilk,'4411its"''''''•.. `''';')V..‘ Ak. .t_-1,..4.-,_ .....* - - 211 /111111111 Illemil , , p„, .. mum IIIIIIIP ', ir silit lit Ilik "Zoi '.. _ ;....., .r EMI . , \ • -.7-. \ •... -..• '..k =Mir \ IlaV tik‘ - -v • ' --....----- _-- =- II. , _1, lla ,,, ..• ------ 111=1 111Mini '41i: .. . ' -':k •-•-•!::. ,iiiiiillia ... --:-.1%.0 ', :a pedestrian street - neighborhood park setting -- , - rf-s1 MEM MU! , 9. , .. -- ",, _ rM mil , ) ,' a, vs,\TL:-:•Al'.‘:-.':-1;:. .- 1 111 M . -.- .......4:34" ' P:.-' .:11 Ill IIM iiiirimmi- ' _ '''••'t -. •rfe:::::- .. PI ,-, • " .-..-1. . .t,, io... P / rA--', III prif iiii.tim \m, ii......... .. . . . . . . . .. . VEIr4t-:,..1 gi.M.,"- •.011 , ...14:4‘.....• ' - 111 ' rilMr A 1.11- 0111.1 ,, ,,, 1 _tr.....0 = = C -......i..7 • , 'li -whist•,i,id..., 4 '1 5 r*IliMs'';ii• ••.0.'''' , `••• • . . ' Titii .,. ..„,........_, , . .. . ,:b. . . ,.. . .... _ 111 . 1 Vic • ' , # If , , _,,, _____ „.......ammv--,1"...:- ' ' - - • • • — 1111:41.:. 4.. Nffi - httl,iiMIIIIL•is 4.-.4.: , ., .: 111 V f Zan,. r - ,4,.._-y i zi% • 1 , - , - • - -,. ----:-..t.-x-,....-_._ — . • ,-, ! 1---1 .. sp. 1..-.;:.e.. - 1. •.:-/-,--*: .4":"---2-A - • $ •- - 11144.t. -1113P.E.--- -- - "" . - --—-- -' ' 4 mu ' ',...., _ - IlliramiPitaft 1:-4 i- - ' .11111,..' inc -aSeti fruit .'- ' s•e-tback 4. e - , enlon Street widening ft'— — • —At ...I .. ._ 1 - . concept aerial view submitted as part of comprehensive plan approval - City Council meeting July 5, 2016 (modified April 2019 to show inclusion of 330 Orchard Court) M & W Properties 08.31.2018 Orchard District- Rezoning to Iowa Riverfront Crossings SHIVEFIATTE-RY 204 West Benton Street,Iowa City.Iowa Prepared by:Jade Pederson, Planning Intern,410 E.Washington Street, Iowa City, IA 52240;319-356-5230(REZ18- 00019) 1 Ordinance No. An ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings- Orchard Subdistrict (RFC-O). (REZ18-00019) Whereas, the applicant, M & W Properties, has requested a re oning of property located 204 West Benton Street; 224,226,330, and 640 Orchard Court; and 711,725, :nd 741 Orchard Street from Medium Density Single-Family R--idential (RS-8)to Riverfront Crossings-Or and Subdistrict(RFC-O); and Whereas, the Compr- ensive Plan indicates that redevelop' ent should be complementary to the surrounding single-family nei.,borhoods in mass and scale and the e should be a transition from large-scale, mixed-use and commercial buil.' gs along Riverside Drive to sin. e family residential; and Whereas, the Planning and oning Commission has e reviewed the proposed rezoning and determined that it complies with the , omprehensive Plan pro ided that it meets conditions addressing the need for the satisfaction of the affordab : housing requireme s set forth in section 14-2G-8 of the City Code, , , dedication of a 15 foot right-of-way . ong the north de of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the B- ton Street f .ntage of the property, construction of a sidewalk along the Orchard Street frontage of the prope . , proviskn of a 30 foot wide access easement running in a north-south direction from the driveway area north •f the ezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedes '- street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, an. ubmission of a landscaping plan that includes street trees, to be reviewed by the City Forrester; and Whereas, Iowa Code §414.5 (2019) provide. that e City of Iowa City may impose reasonable conditions on granting a rezoning request, over .nd above -xisting regulations, in order to satisfy public needs caused by the requested change; and Whereas, several areas of public need will •e met by the a.ceptance of this ordinance, including the provision of affordable housing, improving over. I access and conn- tivity with the construction of sidewalks and a pedestrian street, and implementation o a landscaping plan to •elp create an attractive neighborhood environment; and Whereas, the owner and applicant has .greed that the property shal •e developed in accordance with the terms and conditions of the Conditio al Zoning Agreement attache. hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the c ity Council of the City of Iowa City, lowa' , Section I Approval. Subject to the onditional Zoning Agreement attached hreto and incorporated herein, property described below is heresy reclassified from its current zoning designatiior of Medium Density Single-Family Residential (RS-8)to Riv,rfront Crossings-Orchard Subdistrict(RFC-O): CARTWRIGHTS ADDITI• LOT 5 BLK 4 & INCL E 1/2 OF ALLEY ADJACFINT TO LOT 5 & INCL THA PART OF E 1/2 OF ALLEY ADJACENT TO LO4 DESCASAUDITOR'S P RCEL .3 #2007108 IN SURVEY BK 52 PG 196- .201 acres 2>' C t CARTWRIGHTS ADDITION LOT 4 BLK 4 & INCL E 112 OF ALLEY AD. NT TO ------ LOT 4 & INCL THAT PART OF E 1/2 ALLEY ADJACENT T O' 3 1 DESCASAUDITOR'S PARCEL _r ri - #2007109 IN SURVEY BK 52 PG /96 & EXC THAT PART OF E 1/2 44 A-1 JACN TO LOT 4 DESC AS AUDITOR'S PARCEL #2007108 IN SURVEY BK 52 PG 196 - .201 acres -- CARTWRIGHTS ADDITION LOT 3 ELK 4 & INCL E 1/2 OF ALLEY ADJACENT TO LOT 3 EXC THAT PART DESCASAUDITOR'S PARCH #2007109 IN SURVEY BK 52 PG 196-. /99Acres CARTWRIGHTS ADDITION THAT PART OF LOT 2& E 50' LOT 9 & VACATED ALLEY BETWEEN LOTS 2 & 9 DESCASAUDITOR'S PARCEL Ordinance No. Page 2 #2001008 IN SURVEY BK 42 PG 274 & AS AMENDED BY AFF IN BK 3224 PG 271 - .275 Acres CARTWRIGHTS ADDITION THAT PART OF LOT 1 & E 50' LOT 10 & VACATED ALLEY BETWEEN LOTS 1 & 10 & LAND TON OF LOT JO BLK 4 DESC AS AUDITOR'S PARCEL #W01007 IN SURVEY BK 42 PG 274 & AS AMENDED BY AFF Ilv' BK 3224 PG 271 - .293 Acres CARTWRIGHTS ADDITION BEG 15' N & 50' W OF NE COR LOT JO ELK 4; S 157.5'; W 55'; N 157.5'; E TO POB- .199 Acres CARTWRIGHTS ADDITION E 52.5' OF COM 15' N & 105' W OF NE COR LOT JO BLK 4; W 105'; S 157.5'; E 105'; N TO POE- .190 Acres CARTWRIGHTS ADDITION COM 15'N & 105' W OF NE COR LOT 10 BLK 4; W 105'; S 157 5'; E 105'; N TO BEG EXC E 52.5' - .190 Acres Section II. Zoning Map. The b •• • official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform • his amendment upon the I passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. Th- • ayor is h eby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement b•tweeh the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon p-s'sage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy • this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at e Owner's expense, udop the final passage, approval and publication of this ordinance, as provided b aw. Section V. Repealer. All ordinan and parts of ordinances in conflic with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If a ' section, provision or part of the Ordinance shall b adjudged to be invalid or unconstitutional, such adj . cation shall not affect the validity of the Ordinance as a hole 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 Approved by PitC44-0t- City Attorney's Office 01 r i45 n O r.+ Prepared by: Jade Pederson, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5230(REZ18-00019) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), M&W Properties LLC (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street and Whereas, the Owner -s requested the rezoning of said pr, perty from Medium Density Single-Family Residential (RS-; to Riverfront Crossings- Orchard ubdistrict (RFC-O); and Whereas, the conditions e -blished in this agreemen address several public needs, including the provision of affordable .using, improving overs access and connectivity with the construction of sidewalks and a pedes ian street, and impl entation of a landscaping plan to help create an attractive neighborhood e ironment; and Whereas, the Planning and Zoning •ommissio has determined that, with appropriate conditions regarding satisfaction of the afford- •Ie hou ng requirements set forth in section 14- 2G-8 of the City Code, , , dedication of a 15 foo• ight if-way along the north side o 4$e Benton Street frontage to the City, construction of a 6 foo iaewalk along the BentonStreet-ffontage of the property, construction of a sidewalk along th- Orchard Street frontage of tt e=property, provision of a 30 foot wide access easement r n 'ng in a north-south dilrettion;from the driveway area north of the rezoning assemblag • do to the southern prOey line of 330 Orchard Ct., construction of the pedestrian stre •t, dedis-tion of a 30 foot wid ublio access easement over the span of the pedestrian str=et, and suemission of a landsca'O'rig plan with street trees to be located in the right-of-w- , the reques -d zoning is cort t ent-with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (201 :) provides that thety of Iowa City may impose reasonable conditions on granting a rez• ing request, over and a ove existing regulations, in order to satisfy public needs caused by tr e requested change; and Whereas, the Owner ackno ledges that certain conditions and restrictions are reasonable to ensure the developm:nt of the property is consistent wit the Comprehensive Plan and the need for affordable ho sing, a transitional buffer from the mixed-use development along Riverside Drive to residenti I to the west, and accommodations for differing modes of transportation; 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. M & W Properties LLC is the legal title holder of the property legally described as CARTWRIGHTS ADDITION LOT 5 BLK 4 & INCL E L/2 OF ALLEY ADJACENT TO LOT 5 & INCL THAT PART OF E 1/2 OF ALLEY ppdadm/agt/drah cza rez18-00019-rays edits.doc 1 ADJACENT TO LOT 4 DESCASAUDITOR'S PARCEL #2007108 IN SURVEY BK 52 PG 196- .201 ACRES CARTWRIGHTS ADDITION LOT 4 BLK 4 & INCL E 112 OF ALLEY ADJACENT TO LOT 4 & INCL THAT PART OF E 1/2 ALLEY ADJACENT TO LOT 3 DESCASAUDITOR'S PARCEL #2007109 IN SURVEY BK 52 PG /96 & EXC THAT PART OF E 1/2 ALLEY ADJACENT TO LOT 4 DESCASAUDLTOR'S PARCEL #2007108 IN SURVEY BK 52 PG 196 - .201 ACRES CARTWRIGHTS ADDITION LOT 3 ELK 4 & INCL E 1/2 OF ALLEY ADJACENT To OT 3 EXC THAT PART DESCASAUDITOR'S PARCH #2007109 IN SUR Y BK 52 PG 196-. /99ACRES CARTWRIGHTS ADD ' ON THAT PART OF LOT 2& E 50' LOT 9 & VACATED ALLEY BETWEEN LO 2 & 9 DESCASAUDITOR'S PARCEL #2001008 IN SURVEY BK 42 PG 274 : A S AMENDED BY AFF IN BK 3224 PG 271 - .275 ACRES CARTWRIGHTS ADDITION THAT PART OF LOT 1 & E 50' LOT 10 & VACATED ALLEY BETWEEN LOTS 1 & 10 & LAND TON OF L T JO BLK 4 DESC AS AUDITOR'S PARCEL #W0/007 IN SURVEY BK 42 G 274 & AS AMENDED BY AFF LLV' BK 3224 PG 271 - .293 ACRES CARTWRIGHTS ADDITION BEG 15' N & 50' W OF N COR LOT JO ELK 4; S 157.5'; W 55'; N 157.5'; E TO POB- .199 ACRES f CARTWRIGHTS ADDITION E 52.5' OF CIM 15' N.•/ 105' W OF NE COR LOT JO BLK 4; W 105'; S 157.5'; E 105'; N TO POE- . 90 •'CRES CARTWRIGHTS ADDITION COM 15'N & 105' OF NE COR LOT 10 BLK 4; W 105'; S 157 5'; E 105'; N TO BEG EXC ' 5 . ' - .190 ACRES - The-Owner acknowledges that the City wishes to ensu - conformance to the principles otcl , Comprehensive Plan and the Downtown and Riv: ront Crossing master plan, ra Or;Jiard Subdistrict. Further, the parties acknowledge tha owa Code §414.5 (2017) 1.1.3 pres that the City of Iowa City may impose reasonable onditions on granting a t -�rezQ.rg request, over and above the existing regulations, in .rder to satisfy public _,aneeda-vaused by the requested change. 3.;-In consideration of th "City's rezoning the subject property, 0 er agrees that development of the s tect property will conform to all other requiremen . of the zoning chapter, as well as t e following conditions: a. Before issua ce of a building permit, the developer shall dedicate 15' of ri. t-of-way along then rth side of the Benton St. frontage to the City. b. Prior to issuance of a certificate of occupancy, the developer shall construct a 6' ide sidewalk along the Benton St. frontage of the subject property. c. Prior to issuance of a certificate of occupancy, the developer shall construct a 5' wide sidewalk along the Orchard St. frontage of the subject property. d. Prior to issuance of a building permit, the developer shall dedicate a 30' wide access easement running in a north-south direction generally along the western 30' of the vacated Orchard Court right-of-way south across the property locally known as 330 Orchard Ct.,down to the southern property line of 330 Orchard Ct. (pending ppdadmlagt/draft cza rez18-00019-rays edits doc 2 acquisition of said right-of-way by the applicant). e. Prior to issuance of a certificate of occupancy, the developer shall construct a pedestrian street as shown in the attached concept plan. f. Prior to issuance of a building permit, the developer shall dedicate a 30' wide public access easement over the span of the pedestrian street. g. Prior to issuance of a building permit, a landscaping plan for the subject property must be submitted and reviewed by the City Forrester. The landscaping plan shall iiclude street trees in the Orchard St. right-of-way. The street trees must be planted p •r to issuance of a certificate of occupancy.' b. Own. shall satisfy the affordable housing o ligations imposed pursuant to Iowa City Code if Ordinances 14-2G-8 through t provision of on-site owner-occupied dwelling nits, on-site rental dwelling units and/or the payment of a fee in lieu of the remaining dwelling units not provided o -site or as otherwise agreed to between Owner an. the City in an affordable housing agreement entered into prior to issuance of - building permit for devel pment of any portion of the above-described property. 4. The Owner and City a.knowledge th/ ? the conditions contained herein are reasonable conditions to impose o the land Ander Iowa Code §414.5 (2019), and that said conditions satisfy public meds that . e caused by the requested zoning change. 5. The Owner and City ackno edg: that in the event the subject property is transferred, sold, redeveloped, or subdivi•-d all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that is onditional Zoning Agreement shall be deemed to be a covenant running with the I..nd ani with title to the land, and shall remain in full force and effect as a covenant wi title to e land, unless or until released of record by the City of Iowa City. The parties further ackno edge that this aireement shall inure to the benefit of and bind all successors, representatives, and assigns if the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve e Owner or Applicant fr. complying with all other applicable local, state, and feder-I regulations. 8. The parties agree that this Conditional Zoning Ag -ement shall be incorporated by reference into th- ordinance rezoning the subject prop:rty, and that upon adoption and publication of th- ordinance, this agreement shall be r-corded in the Johnson County Recorder's Offi e at the Applicant's expense. n Dated this .:y of , 20_. - City of Iowa City --�� rr -v E)2:' ppdadm/agt1drafl cza rez18-00019-rays edits.doc 3 Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: Approved by: City Attorney's Office City Of Iowa City Acknowledgement: State of Iowa ) ss: Johnson County This.. instrurnent was acknowlede -d before me o► , 20_ by Jim - c C)Thro ofttdn=and Kellie Fruehling as Mayo :.d Cj Clerk, respectively, of the City of Iowa City. Notary Public in an. .r the State of Iowa (Stamp or Seal) Title (and Rank) \ Corporate Acknowledge ent: State of Iowa ) :s: Johnson County J This instrument was acknowledged before me o , 20_ by as of , Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) ppdadmlagudraft cza rez18-00019-rays adds.doc 4 M &W Properties LLC Acknowledgment: State of County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of p- y on behalf of whom record was executed). Notary Publi t in and for the State of Iowa (Stamp o, Seal) Title (. d Rank) My .mmission expires: 0 Q 1p 0 CFI ppdadmlagt/draft cza rez18-00019-rays edits.doc 5 +r p- jwi CITY O� IOWA CITY www.icgov.org June 18, 2019 Ordinance conditionally rezoning 0.20 acres of land located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI -1) to Riverfront Crossings South Gilbert (RFC -SG) (REZ19-4). ATTACHMENTS: Description Staff Report with Attachments Planning and Zoning Commission Minutes (05.16.2019) Rezoning Ordinance - Conditional Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ19-4 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner, Associate Planner Date: May 16, 2019 Applicant: Randy Miller 3855 Locust Ridge Road North Liberty, Iowa 52317 (319) 330-5973 randymmiller@gmail.com Contact: Kelly Beckler 1917 S. Gilbert Street Iowa City, Iowa 52440 MMS Consultants (319) 351-8282 k.beckler@mmsconsultants.com Requested Action: Rezone from Intensive Commercial (CI -1) to Riverfront Crossings - South Gilbert (RFC -SG). Purpose: Redevelopment according to the Downtown and Riverfront Crossings Master Plan and form -based code. Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Southwest corner of E. 1St St. and S. Gilbert St. Approximately 0.20 acres Commercial / CI -1 North: Commercial (CI -1) South: Commercial/Mixed Use (RFC -SG) East: commercial (CI -1) West: Commercial/Mixed Use (RFC -SG) April 11, 2019 May 26, 2019 The property subject to this rezoning request is for Phase Three of The Crossings K development, which is in the South Gilbert Subdistrict of Riverfront Crossings. The abutting properties to the south and west of the subject property were rezoned to Riverfront Crossings — South Gilbert (RFC -SG) in 2015 and 2016. The subject property is the final portion of a larger assemblage of land along the west side of S. Gilbert Street to be rezoned. Previous conditional zoning agreements for properties rezoned to the south ensured that 40 feet of right-of-way from S. Gilbert Street would be dedicated to the City. This right-of-way is being conveyed to the City to achieve the cross-section that is detailed in the Riverfront Crossings Master Plan. City staff is recommending a condition for a similar 40 -foot dedication of right-of-way along the S. Gilbert Street frontage for this rezoning, which will continue past practice of obtaining this necessary right-of-way. The applicant has chosen to not use the Good Neighbor Policy for this rezoning. A Good Neighbor Meeting was held during the first phase of The Crossings rezoning back in January of 2015. ANALYSIS: Current Zoning: The property, located at the southwest corner of E. 11 St. and S. Gilbert St., is currently zoned Intensive Commercial (CI -1). This zone is intended to provide areas for those sales and service functions and businesses whose operations are typically characterized by land intensive commercial uses that have outdoor storage or work area components, back office functions and wholesale sales businesses, and commercial uses with quasi -industrial aspects. Due to the potential for externalities such as noise, dust, and odors from the allowed uses in this zone, residential uses are not allowed in this zone. Proposed Zoning: The Riverfront Crossings form -based zoning for the South Gilbert Subdistrict (RFC -SG) presents a moderate change from CI -1, since the CI -1 Zone does not allow any residential uses and has a height limit of 35 feet. The RFC -SG zone allows for a broad mix of commercial and residential uses, similar to uses allowed in the Central Business Zones and has a maximum height limit of 6 stories, with an upper story stepback of 10 feet required along all primary frontages above the 4th story. Bonus height may be allowed up to maximum of 8 stories. Any request for bonus height would be subject to a Level II Design Review. It should be noted that at this time, no height bonus request has come forward from the developer. Unlike the CI -1 Zone, the Riverfront Crossings code allows for a variety of building types (Townhouse, Multi -Dwelling, Live -Work Townhouses, Commercial, Mixed -Use, and Liner buildings). The code designates S. Gilbert Street as a primary street with a required retail storefront frontage, which means that the site will be required to have commercial or mixed- use buildings that front on S. Gilbert Street, with first floor commercial use required. Buildings must be located close to, and oriented toward S. Gilbert Street, with entries opening onto an improved streetscape designed to provide a comfortable and attractive environment for pedestrians. Parking must be located behind or within buildings that front S. Gilbert St. Vehicular circulation and access to parking areas or structures will be provided from a previously approved north -south alley that extends parallel to S. Gilbert Street to provide cross -access and traffic circulation for all properties along S. Gilbert Street between Kirkwood Avenue and Highway 6. These items were approved as part of The Crossings Phase Two rezoning and final plat. 3 Affordable Housing: Any property that is rezoned into a Riverfront Crossings zoning designation must adhere to the City's affordable housing policy, outlined in section 14-2G-8 of the City Code. If the proposed rezoning is approved, future development will be subject to the Affordable Housing Requirement in place for all Riverfront Crossings zoning designations. This requirement mandates the provision of affordable housing units in the amount of 10 or more percent of all dwelling units in the development. This requirement may also be satisfied through a fee in lieu contribution to an affordable housing fund. Staff is recommending that a condition of the rezoning be that the applicant satisfy the affordable housing requirements in section 14-2G-8 as needed. Flood Hazard Areas: The project site is located in the floodplain. About half of the site is located within the 500 -year floodplains. Figure 1.0 shows the flood hazard areas on the project site. The area shaded in blue is within the 500 -year floodplain. Compliance with the City's floodplain management ordinance will be required at site plan review. The subject parcel has no other sensitive areas. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings. 1. Consistency with the comprehensive plan; and 2. Compatibility with the existing neighborhood character. Consistency with the 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 in the South Gilbert Subdistrict of Riverfront Crossings. The master plan highlights the defining features of this subdistrict, including the potential for mixed-use buildings along a more pedestrian -oriented S. Gilbert Street and buildings that front on tree -lined pedestrian streets that provide views and access to the new riverfront park. m Attached is a concept plan showing the general building placement within Phases Two and Three of the Crossings development. For this rezoning, the only portion of the concept plan that has yet to be rezoned to RFC -SG is in the far northeast corner. The attached concept shows a mixed-use style building along the S. Gilbert Street frontage. The City is requesting that a 40' wide strip of land (shown as Outlot "A", intended for future City right-of-way, in the attached concept) will be dedicated to the City to help create a more pedestrian -oriented S. Gilbert St. corridor, and will be necessary to support the anticipated increase in residential and commercial activity. The intended land use, and the applicant's desire to rezone the subject parcel to RFC -SG, fall in line with what is prescribed in the Downtown and Riverfront Crossings Master Plan, and by extension, the Comprehensive Plan. Compatibility with the Existing Neighborhood Character. The applicant has indicated their intention of developing the subject parcel, and other parcels within The Crossings development assemblage, in compliance with what is shown in the Riverfront Crossings Plan. As mentioned before, the other properties in this assemblage were rezoned to RFC - SG in 2015 and 2016, and public improvements are currently underway for the second phase of the development plan. Staff finds that the proposed rezoning is compatible with the character of the neighborhood anticipated by the Riverfront Crossings Master Plan. Traffic and Pedestrian Circulation: When 1201 and 1225 S. Gilbert St., located south of the subject property, were rezoned to RFC -SG, a condition of the rezoning was that each property must dedicate 40 feet of right-of-way along the S. Gilbert St. frontage to the City. This was done to achieve the street cross-section that is illustrated in the Riverfront Crossings Plan. A similar, but larger dedication of 50' was requested by the City for the S. Gilbert St. frontage on what is currently 1301 S. Gilbert St. Staff is recommending a condition that a similar 40' wide right-of-way dedication be provided by the applicant as a condition of this rezoning. Improvements to E. 1St St. that are outlined in the Downtown and Riverfront Crossings Master Plan will be evaluated by staff upon redevelopment of the parcel located north of E. 1St St. Staff will require an improved sidewalk along E. 1St St. and along N. Gilbert St. at platting. Any proposed parking in this area with all be reviewed by staff at Design Review. This area also falls within the South Gilbert Subdistrict, but has yet to be rezoned to RFC -SG. It is currently zoned Intensive Commercial (CI -1). NEXT STEPS: Upon recommendation of approval from the Planning and Zoning Commission, a public hearing will be scheduled for consideration of the application from the City Council. There is currently an application to replat Lot 6 of Phase Two of The Crossings together with the subject parcel from this rezoning application. Upon approval of preliminary and final platting, the development will undergo administrative Site Plan and Design Reviews, before building permits are issued. STAFF RECOMMENDATION: Staff recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1St St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: 5 1) Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2) The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Concept Plan Approved by: Danielle Sitzman, AICP Department of Neighborhood and Development Services �r -4 �.I CC Wi CITY OF IOWA CITY ,KIRKW00D'AVE;f1 `�_ ! , -OFF l MIN 4i 4q 60 11* E 1STST ■r i Ali ! ■ i1 ' ~ LU ' HIGHLAND CT �^ I U) IVA 141 1 Rte. �3�Ni E2NDSTF.��' I_ An application submitted by Randy Miller �, l for the rezoning of approximately 0.20 acres '" 17,310 at the SW corner of E 1st St and S Gilbert St 'I V_ om Intensive Commercial (CI -1) to Riverfront Crossings - South Gilbert Subdistrict (RFC -SG). A - - - ILLUSTRATIVE EXHIBIT THE CROSSINGS - PHASE THREE IOWA CITY, IOWA G:\10456\10456-002\11 CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319)351-8282 www.mmsconsuItants.net Date Revision ILLUSTRATIVE EXHIBIT THE CROSSINGS - PHASE THREE IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC Date: 04-18-19 Designed by: Field Book No: KJ B Drawn by: Scale: JDM 1"=50' Ghecked by: Sheet No: 1 Project No: IC 10456-002 of: 1 MINUTES APPROVED PLANNING AND ZONING COMMISSION MAY 16, 2019 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Larry Baker, Carolyn Dyer STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: John Yapp, Mark Seabold, Ryan Wade, Randy Miller RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30' wide public access easement over the span of the pedestrian street. 9. Landscaping plan approved by City Forester to include street -lined trees in the right-of- way. 10. The vacated land from VAC 19-1 be zoned RFC -O as well. By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of- way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1 st St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: Planning and Zoning Commission May 16, 2019 Page 2 of 5 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. By a vote of 5-0 the Commission recommends City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a conditional use permit to expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions with a note the Johnson County Board of Adjustment address concerns regarding amplified sound in the evenings. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ19-4: Applicant: Randy Miller Location: Southwest corner of E. 1 st Street and S. Gilbert Street An application submitted by Randy Miller for a rezoning of approximately 0.20 acres of property located at the southwest corner of E. 1st Street and S. Gilbert Street from Intensive Commercial (CI -1) to Riverfront Crossings — South Gilbert (RFC -SG). Heitner showed an aerial image of the subject property. The surrounding zoning shows the properties to the south and west have already been rezoned to RFC -SG in 2015 and 2016 and this is the last piece of that rezoning assemblage. The proposed rezoning is intended for Phase Three of The Crossings development. The Riverfront Crossings — South Gilbert Zone is a form - based zone which allows for a mix of commercial and residential uses, the Zoning Code requires retail storefront frontage along South Gilbert Street, buildings must be located close to and oriented towards South Gilbert Street ideally with improved streetscape designs to provide an attractive pedestrian environment or plan for this Zone and parking is situated behind or inside of the buildings. In terms of consistency with the Comprehensive Plan, this area is designated to be rezoned same as the other adjacent properties in the Riverfront Crossings — South Gilbert Zone. That also concurs with the compatibility with the existing neighborhood character and Heitner showed concepts for buildings in this development, a building completed in Phase One and the buildings under construction in Phase Two. Heitner noted this area is shifting from a light industrial area to a form -based mixed use area and is more pedestrian oriented. With respect to traffic and pedestrian circulation staff is recommending a condition that 40 feet of right- of-way on South Gilbert Street be dedicated to the City at final platting. This right-of-way dedication is the same request that was made at 1201 and 1225 South Gilbert Street, south of the subject property and the purpose of this condition is to keep the right-of-way contiguous. Staff is also requiring sidewalks along East 1St Street and South Gilberts Street frontages of the subject property at final platting. Heitner also added any planned parking in the subject property will be reviewed at design review. Planning and Zoning Commission May 16, 2019 Page 3 of 5 Next steps, pending approval from this Commission, a public hearing will be scheduled for consideration of the application from the City Council. There is currently an application to replat Lot 6 of Phase Two of The Crossings together with the subject parcel from this rezoning application which will come before the Commission and Council as well. Upon approval of preliminary and final platting, the development will undergo administrative Site Plan and Design Reviews, before building permits are issued. Staff recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. Parsons asked about the two buildings currently under construction to the south and if there would be commercial on the ground floor or if the whole building is residential. Russett stated those buildings are all residential, they are considered interior to the lot, the City has not received any plans for the area where the commercial is required on South Gilbert Street. Parsons asked where the parking is for the residential buildings. Russett said the parking lot that is in front of those two buildings will not remain and there are plans for development there. Martin raised the issue of turning into this area from Gilbert Street and noted getting in and out of the building that houses Red Ginger is incredibility difficult. She is also concerned about pedestrian safety in this area. Heitner stated there would be some pedestrian infrastructure put in place in the 40 foot right-of-way and there will be improvements from what is there currently. Hensch opened the public hearing. Randy Miller (3855 Locust Ridge Road, North Liberty) is the applicant for this rezoning and came forward for questions. He noted they did removed the cement block building on the parcel and have tried to clean up the area. The proposed building will follow the same concepts as the other buildings in Phases One and Two. Signs asked if the street west of building one will connect with 1s' Street. Miller confirmed it would. Miller also addressed the pedestrian issues and is trying to get a pedestrian crossing put in by 21d Street and have a formal bus stop in the area. Parsons asked about concerns for parking once the area is developed. The Alexander Lumber parking lot was used heavily for people who go to Big Grove and once that parking lot is development he wonders where all the people will park. Miller said they are working on some idea, there are currently about 70 parking spaces in that lot and when the next two buildings are done there will still be about 70 spots, they will just be around the building. He also feels once the sidewalks are in and the park is complete more people will walk and bike to the area. Hensch closed the public hearing. Parsons moved to recommend approval of REZ19-4, a request to rezone approximately Planning and Zoning Commission May 16, 2019 Page 4 of 5 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: 3. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 4. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. Townsend seconded the motion. A vote was taken and the motion carried 5-0. CONSIDERATION OF MEETING MINUTES: APRIL 18, 2019 Townsend moved to approve the meeting minutes of April 18 2019. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett noted the Forest View rezoning and preliminary plat Council continued the public hearing for several meetings and voted on the first consideration at the last meeting, the vote was 7-0 in favor of the rezoning. There have been a few changes to the project, a major one is Council has removed the gas station and that parcel of land will be dedicated to the City as public open space. Also the three local landmark items that came before the Commission were all approved by Council (Senior Center, Ned Aston House and City Park Cabins). Russett also noted July 4 is on a Thursday this year, so the meeting will be rescheduled to July 3. Also staff is working on a form -based code with a consulting firm for a portion of the South District and the consulting firm will be in town July 24 and staff is hoping to have a joint Council and Commission work session to discuss the project. Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS, ANN X X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 BAKER, LARRY X X X X X X X O/E DYER, CAROLYN O/E X X X X X X O/E FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X MARTIN, PHOEBE X O/E X X X O/E X X PARSONS, MAX X X X X X X X X SIGNS, MARK X X X X X O/E X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member I (1e) Prepared by:Jade Pederson, Planning Intern,410 E.Washington Street, Iowa City, IA 52240;319-356-5230(REZ19-4) Ordinance No. An ordinance conditionally rezoning approximately 0.20 acres of land located at the Southwest corner of East 1St Street and South Gilbert Street, from Intensive Commercial (Cl-1) to Riverfront Crossings- South Gilbert (RFC-SG). (REZ19-4) Whereas, the applicant, Randy Miller, has requested a rezoning of property located on the Southwest corner of East 1st Street and South Gilbert Street from Intensive Commercial (CI-1) to Riverfront Crossings- South Gilbert(RFC-SG); and Whereas, the Comprehensive Plan indicates that along South Gilbert Street there is potential for mixed- use buildings that can provide access and views to the riverfront park;and Whereas; the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new residential development and dedication of a 40-foot right-of-way along the west side of the South Gilbert Street frontage to the City;and Whereas, Iowa Code §414.5 (2019) 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, areas of public need will be met by the acceptance of this ordinance, including the dedication of right-of-way to enhance pedestrian and bicycle infrastructure along S. Gilbert St., and the provision of affordable housing; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now,therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI-1)to Riverfront Crossings—South Gilbert(RFC-SG): BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office;Thence SSS°40'16'W, along the North line of said Outlot"E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01°02'38'W, along said North line of Lot 6, and the East line of Outlot"H"of said The Crossings Phase Two, 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88°40'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Ordinance No. Page 2 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 Apple ved by 014 Hefile--7- City Attorney's Office (e Q oi Prepared by:Jade Pederson, Planning Intern,410 E.Washington, Iowa City, IA 52240(319)356-5230(REZ19-4) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter"City"), and Paradigm Properties LLC (hereinafter"Owner"). Whereas, Owner is the legal title holder of approximately 0.20 acres of property located at the Southwest corner of East 1st Street and South Gilbert Street; and Whereas, the Owner has requested the rezoning of said property from Intensive Commercial (CI-1)to Riverfront Crossings—South Gilbert(RFC-SG); and Whereas, the conditions established in this agreement address public needs, including the dedication of right-of-way to enhance pedestrian and bicycle infrastructure along S. Gilbert St., and the provision of affordable housing; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding satisfaction of the affordable housing requirements set forth in section 14- 2G-8 of the City Code for any new residential development and dedication of a 40-foot right-of- way along the west side of the South Gilbert Street frontage to the City, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for affordable housing, a more pedestrian-oriented South Gilbert Street corridor, and support for the anticipated increase in residential and commercial activity; 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. Paradigm Properties LLC is the legal title holder of the property legally described as: BEGINNING at the Northeast corner of Outlot "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88°40'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two, 119.91 feet; Thence N01°02'38"W, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two, 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88°40'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said 1 POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and 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 Downtown and Riverfront Crossings master plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall dedicate a 40-foot wide parcel to the City for right-of-way along the west side of the South Gilbert Street. b. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City in an affordable housing agreement entered into prior to issuance of a building permit for development of any portion of the above-described property. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner 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 acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of , 20_. 2 City of Iowa City OWNER ,/ - _dale/ /ad* Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: A.proved by: 7 City Attorney's Office 419 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 Seal) Title (and Rank) Paradigm Properties LLC Acknowledgment: State of County of !This r cord was acknowledged before me on 6 - ) -7 2019 by LLi J'Y)r (Name(s) of individual(s) as YYZ a- O 6.e 1-7/0e-une,Z (type of uthority, such as officer or trustee) of Paradigm Properties L.L.C. U No aPublic in dor the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 3 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 06/18/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published 1 Prepared by:Jade Pederson, Planning Intern, 410 E.Washington Street, Iowa City, IA 52240; 319-356-5230(REZ19-4) Ordinance No. An ordinance conditionally rezoning approximately 0.20 acres of land located at the Southwest corner of East 1" Street and South Gilbert Street, from Intensive Co' mercial (Cl-1) to Riverfront Crossings- South Gilbert (RFC-SG). ( '• EZ19-4) Whereas, the applicant, Randy Miller, has requested a .ezoning of property located on the Southwest corner of East 1s1 Street and South Gilbert Street from Intern ive Commercial (CI-1) to Riverfront Crossings- South Gilbert(R . -SG); and Whereas, the .mprehensive Plan indicates that along outh Gilbert Street there is potential for mixed- use buildings that can 'rovide access and views to the riverf ont park; and Whereas, the Plann .. and Zoning Commission has eviewed the proposed rezoning and determined that it complies with the S.mprehensive Plan provided hat it meets conditions addressing the need for satisfaction of the affordable • .using requirements set fo h in section 14-2G-8 of the City Code for any new residential development and deo ication of a 40-foot ri. t-of-way along the west side of the South Gilbert Street frontage to the City; and Whereas, Iowa Code §414.5 ('119) provides t,at the City of Iowa City may impose reasonable conditions on granting a rezoning req -st, over and above existing regulations, in order to satisfy public needs caused by the requested change; . d Whereas, areas of public need will .- met .y the acceptance of this ordinance, including the dedication of right-of-way to enhance pedes 'an md bicycle infrastructure along S. Gilbe ,St., and the provision of affordable housing; and Whereas, the owner and applicant have agr-:. that the property shall be developedjn accords th the terms and conditions of the Conditional Zbnin. Agreement attached hereto-to-ensuii appj late development in this area of the city. c)-< Now, therefore, be it ordained by the City Council of the ity of Iowa City, Iowa: 'fir i 7? rn Section I Approval. Subject to the Cond' ional Zoning 'greement attached *Ea arff incottOrated herein, property described below is hereby eclassified from is current zoning assignation of Intensive Commercial (CI-1)to Riverfront Crossings- `•uth Gilbert(RFC- ): cn BEGINNING at the Northeast corner • Outlot "E" of The Cros ings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorde. in Plat Book 61, at Page 41, in the Records of the Johnson County Recorder's Office; Thence S88°41 16"W, along the North line o' aid Outlot "E". and the North line of Lot 6 of said The Crossings Phase T • 119.91 feet; Thence N01°02' ;"E, along said North line of Lot 6, and the East line of Outlot "H" of sai. The Crossings Phase Two„ 79.6, feet, to the Northeast corner thereof, and the Northwest corner of Lo 2, Block 3, Cook Sargent and Downe.'s Addition, Iowa City, Iowa, in accordance with the Plat thereof R'corded in Book 16, at Page 84, in th- Records of the Johnson County Recorder's Office; Thence N8:°4016"E, along the North line of said Lot , and the North line of Lot 1, Block 3 of said Cook Sargent .nd Downey's Addition, 119.97 feet, to the No east corner thereof; Thence S01°00'12"E, along the Eas line of said Lot 1, a distance of 79.64 feet, to e said POINT OF BEGINNING, containing 0.22 acre,'(9,552 square feet), more or less, and subject to easements and restrictions or record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the Ordinance No. _ Page 2 County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. Mayor Attest: CityCI Approved by City Attorney's Office /n /�//(1 u7 c- >:ILI i >-C ) WIMP A '..r Q N • Prepared by:Jade Pederson, Planning Intern, 410 E Washington, Iowa City, IA 52240(319)356-5230(REZ19-4) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Paradigm Properties LLC (hereinafter "Owner"). Whereas, Owner I the legal title holder of approximately 0.20 acres of property located at the Southwest corner of • .st 151 Street and South Gilbert Street; and Whereas, the Owner las requested the rezoning of said property from Intensive Commercial (CI-1) to Riverfront 'rossings — South Gilbert''(RFC-SG); and Whereas, the conditions es.-blished in this agr•-ement address public needs, including the dedication of right-of-way to enh:nce pedestrian . nd bicycle infrastructure along S. Gilbert St., and the provision of affordable ho sing; and Whereas, the Planning and Zon g Corn r fission has determined that, with.-appropriate conditions regarding satisfaction of the a• ordab - housing requirements set forth irr ection 14- 2G-8 of the City Code for any new reside ial r.evelopment and dedication ota 40-fit right-of- way along the west side of the South Gilbe street frontage to the City, the rcNtostedzoningas consistent with the Comprehensive Plan; an. in Whereas, Iowa Code §414.5 (21 9) p ovides that the City of Iowa L°ril -m y:impas reasonable conditions on granting a re oning r.quest, over and above existiragliegulations, in order to satisfy public needs caused b the reque.ted change; and Whereas, the Owner ac owledges th.t certain conditions and restrictions are reasonable to ensure the develo• ent of the pro•erty is consistent with the Comprehensive Plan and the need for affordse housing, a mo - pedestrian-oriented South Gilbert Street corridor, and support for the an • ipated increase in r;sidential and commercial activity; and Whereas, the Owner agrees to develop this •roperty in accordance with the terms and conditions of a Conditional .ning Agreement. Now, therefore, in consideration of the mutual promis-s contained herein, the parties agree as follows: 1. Paradigm Proprties LLC is the legal title hrslder of the property legally described as BEGINNING at the Northeast corner of Ou of "E" of The Crossings Phase Two, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 61, at Page 141, in the Records of the Johnson County Recorder's Office; Thence S88°40'16"W, along the North line of said Outlot "E", and the North line of Lot 6 of said The Crossings Phase Two 119.91 feet; Thence N01°02'38"E, along said North line of Lot 6, and the East line of Outlot "H" of said The Crossings Phase Two„ 79.64 feet, to the Northeast corner thereof, and the Northwest corner of Lot 2, Block 3, Cook Sargent and Downey's Addition, Iowa City, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 84, in the Records of the Johnson County Recorder's Office; Thence N88°40'16"E, along the North line of said Lot 2, and the North line of Lot 1, Block 3 of said Cook Sargent and Downey's Addition, 119.97 feet, to the Northeast corner thereof; Thence S01°00'12"E, along the East line of said Lot 1, a distance of 79.64 feet, to the said ppdadrNagUdraft cza rez19-4-rays edits.doc 1 POINT OF BEGINNING, containing 0.22 acre, (9,552 square feet), more or less, and subject to easements and restrictions or record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings master plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) 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 agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a . ilding permit, the developer shall dedicate 40 feet of right-of- way along the west side . the South Gilbert Street frontage to the City. b. Owner shall satisfy the affor.- .Ie housing obligations imposed pursuant to Iowa City 'j' Code of Ordinances 14-2G-8 through the provision of on-site owner-occupied . tiWelling units, on-site rental dwel g units, and/or the payment of a fee in lieu of the ct raining dwelling units not provi.-d on-site or as otherwise agreed to between oma-- `twner and the City in an afforda. e housing agr-- ent entered into prior to Mance of a building permit for develo•ment of portion of the above-described [operty. �-- 4. jhe Other and City acknowledge th. e con.• ions contained herein are reasonable nditions to impose on the la a under Iowa ode §414.5 (2019), and that said conditions satisfy public needs -at are caused by th requested zoning change. 5. The Owner and City ack .wledge that in the event th- subject property is transferred, sold, redeveloped, or s 'divided, all redevelopment will .onform with the terms of this Conditional Zoning A. eement. 6. The parties ackn. ledge that this Conditional Zoning Agreeme,t shall be deemed to be a covenant ru• ing with the land and with title to the land, and "all remain in full force and effec :s a covenant with title to the land, unless or until rele- ed of record by the City oflowa City. The parties further acknowledge that this agreement shall inure to the b- efit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of , 20_. ppdadMagtldrafl cza rez19-4-rays edits doc 2 f City of Iowa City OWNER Jim Throgmorton, Mayor By: Attest: Kellie Fruehling, City Clerk By: Approved by: le:‘,„_< _)-1-.._c_.,,,,,iy),(5414).ax--- r-,, City Attorney's Office . /-7 // n City of Iowa City Acknowledgement: y''"{ z r- State of Iowa ) rn -,a rn mc )ss: ©Xr Johnson County ) This instrument was acknowle.•-, a- . e me on , 20_ by Jim Throgmo on an. 'e ie ruehling as Mayor arld City Clerk, respectively, of the City of Iowa City. ''Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Paradigm Properties LLC Acknowledgment: State of / County of / This record was acknowledged efore me on , 2019 by ame(s) of individual(s) as (type of authority, such as offic r or trustee) of Paradigm Properties, L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadmlagUdraft cza rez19-4-rays edits.doc 3 Item Number: 15. I �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT June 18, 2019 Ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses" to add Hate Crime as a criminal offense. (Second Consideration) Prepared By: Eleanor Dilkes, City Attorney Reviewed By: Jody Matherly, Police Chief Geoff Fruin, City Manager Fiscal Impact: Cost of jail time in the event of successful prosecution will be billed to City. Recommendations: Staff: Approval Commission: N/A Attachments: City Attorney Memo JCIC Proposals Ordinance Executive Summary: See City Attorney memo Background /Analysis: See City Attorney Memo ATTACHMENTS: Description City Attorney memo J C I C Proposals Ordinance City of Iowa City MEMORANDUM Date: May 30, 2019 To: City Council From: Eleanor M. Dilkes, City Attorn Re: Hate Crime ordinance In early April I was contacted by law students Cara Donels, Derek Huish and Dario Rodriguez who, under the supervision of Professor Daria Fisher Page at the University of Iowa College of Law's Legal Clinic, had been retained by the Johnson County interfaith Coalition (JCIC) "to work with its Safe Communities Task Force to create ordinance proposals that could address the increased frequency of hate crimes and hate incidents in Iowa City." I have included the students' April 1, 2019 email to me and the ordinances JCIC originally proposed as well as JCIC's revised proposals of April 22 and May 7, 2019 in your agenda materials. Over the course of the last 2 months Chief Matherly and I met with the students and members of JCIC to discuss their proposals and recommended several changes. The ordinance presented to you now is one that Chief Matherly supports and I can recommend legally. Based on my conversations with Pastor Smith, I understand the ordinance has the support of JCIC. As you can see from the attached, JCIC also has proposals for training and data collection. Those issues can be addressed by policy and are not addressed in the ordinance presented. During our conversations with JCIC we have discussed the data collection that the City currently does on hate crimes, expressed an understanding of the desire to collect demographic information and a willingness to do so, explained the training currently received by police officers re: hate crimes and a willingness to explore other available opportunities for training. Currently, the police department reports incidents of hate/bias to the Equity Director who reports on hate crimes annually to the Human Rights Campaign. Sec. hftr)s://www.hrc.o[g/mei/search/lowa/iowa-ct Crimes are principally a tunction of the State and are prosecuted locally by the Johnson County Attorney's office. Chapter 729A of the Iowa Code ("Violation of Individual Rights - Hate Crimes") provides an enhanceable penalty for certain offenses that are committed because of the victim's race or other protected characteristic or the victim's association with a person with a protected characteristic. For example, a simple assault in violation of individual rights (hate crime) is a serious misdemeanor rather than a simple misdemeanor which carries a higher penalty (i.e., the penalty is "enhanced"). The maximum penalty for a simple misdemeanor is a fine of $625.00 and 30 days in jail whereas the penalty for a serious misdemeanor is a maximum of $1,875.00 and 1 year in jail. Harassment is a crime under the Iowa Code (Section 708.7). However, it is not an enhanceable offense under Chapter 729A. There has been discussion locally about the need to amend state law to make harassment an enhanceable offense, a change the Johnson County Attorney supports and JCIC tells me it intends to pursue. This ordinance creates a hate crime for harassment or trespass with intent to harass done because of a person's protected characteristic and in addition to a fine imposes jail time as a penalty (3-7 days first offense; 30 days subsequent offense). The protected characteristics are taken from the Iowa City Human Rights Ordinance. With limited November 29, 2018 Page 2 exceptions, city simple misdemeanors carry only a fine, not jail time. This has been the case in practice for years, i.e. while jail time was a potential penalty as allowed by state code, the City did not ask for jail time and the magistrates did not impose it. However, in 2015 we amended the City Code to eliminate the possibility of jail time in light of the decision of the Iowa Supreme Court that the possibility of jail time requires the appointment of an attorney for the Defendant at State expense if the Defendant is unable to afford an attorney even if the prosecutor is not seeking jail time. With the proposed hate crime a jail penalty is warranted. Moreover, if there is no jail time specified under the City Code, it would make more sense to charge it as simple harassment under the State Code in order to pursue a penalty of jail time even though it would not be designated as a hate crime. In an attempt to avoid having to litigate undecided questions of law, I have crafted the ordinance using the language of the state harassment statute and the state hate crimes ordinance, both of which have been found to be constitutional by the Iowa Supreme Court. See, e.g. State v. Evans, 671 N.W.2d 720 (Iowa 2003)("alarm" in harassment statute defined as "the intent to "cause[a person] to feel frightened, disturbed or in danger"); State v. Fratzke, 446 N.W.2d 781 (Iowa 1989)("without a legitimate purpose" language of Iowa's harassment statute is a "constitutional safety valve; offensive language does not negate the legitimate purpose of protesting governmental action); State v. McKnight, 511 N.W.2d 389 (Iowa 1994)( hate crime statute constitutional); State v. Hennings, 791 N.W.2d 828 (Iowa 2010), overruled on other grounds by State v, Hill, 878 N.W.2d 269 (Iowa 2016)( "because of language requires a causal connection between the bias and the actions of the Defendant; existence of other causes doesn't relieve Defendant of liability). In accordance with Iowa law the elements of the hate crime under the proposed ordinance are: 1) the Defendant communicated with the victim with the intent to intimidate, annoy threaten or alarm; 2) without a legitimate purpose and 3) because of the victim's race or other characteristic included in the ordinance. In making their proposals the law students sought the input of the Iowa Chapter of the ACLU. I was not present during these discussions. As noted in some of the students' material the ACLU recommended that the following language be included in the ordinance: Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this section shall affect the rules of evidence governing impeachment of a witness. I reached out to the ACLU about this language. I appreciate its intent but am concerned about including any untested language in the City ordinance and the ambiguity of the first sentence. Particularly, what types of expressions "specifically relate to the crime charged"? This language is subject to several interpretations, could be used by a Defendant to exclude highly probative information, and could be resolved in a motion in limine balancing probative value and prejudicial language without the need for the specific language in the ordinance. I asked the ACLU to direct me to hate crimes legislation that included such language. They referred me to the following language from the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act passed in 2009 that is codified at 34 USC 30506(1): November 29, 2018 Page 3 "(1) In general Nothing in this division shall be construed to allow a court, in any criminal trial for an offense described under this division or an amendment made by this division, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Federal Rules of Evidence. Nothing in this division is intended to affect the existing rules of evidence." In my view this language is preferable to that the ACLU proposed to the students. It does not have the ambiguities of the earlier language or open the door to defense motions that could render the ordinance ineffective, and essentially just says that the law doesn't change the rules of evidence. While the City has no authority to change the rules of evidence and the language is unnecessary, it may provide some clarity and bring focus to the First Amendment issues in any decision to prosecute. I have included it in the ordinance with modifications to reference the Iowa rules. It is important to discuss what this ordinance will and will not prohibit, and in fact could not prohibit because of the First Amendment. It would, for example, assuming the investigation/evidence supported the citation, allow for the prosecution of a penton who with the intent to intimidate, annoy, threaten or alarm and without legitimate purpose places a Fateful note on the door of another because the person is African American. It would not, for example, prohibit the placement of an "it's okay to be white" sticker on a posting pillar downtown or on leaflets spread through a neighborhood. The latter are protected speech under the First Amendment. Finally, I want to address how juveniles who are charged with this offense will be dealt with as that has been a subject of discussion with JCIC. Per the Iowa Code (Chapters 232 and 903) unlike City traffic offenses and curfew offenses, this new hate crime simple misdemeanor will be within the jurisdiction of the juvenile court. The specified penalty will not be imposed on a juvenile unless there is a waiver to adult court which would be very unlikely unless the minor had a lengthy juvenile record, unsuccessful juvenile probations, and was nearing their 18th birthday. Please contact me with questions. Cc wlordinance by email: Pastor Smith, JCIC Prof. Darla Fisher Page Rita Bettis and Daniel Zeno, ACLU, Iowa Chapter Eleanor M. Dilkes From: Donels, Cara S <cara-donels@uiowa.edu> Sent: Monday, April 01, 2019 4:25 PM To: Eleanor M. Dilkes Cc: Fisher Page, Daria M; Huish, Derek A; Rodriguez, Dario A; pastor@ncichurch.com Subject: Meeting to Discuss Ordinance Proposals Follow Up Flag: Follow up Flag Status: Completed Dear Ms. Dilkes, I am a third -year law student working in the University of Iowa College of Law's Legal Clinic under the supervision of Professor Daria Fisher Page. I, with a team of other students, represent a local organization called the Johnson County Interfaith Coalition (JCIC). JCIC's mission is to promote societal equality, and one of the ways JCIC desires to do this is by creating safer communities. We were retained by JCIC to work with its Safe Communities Task Force to create ordinance proposals that can address the increased frequency of hate crimes and hate incidents in Iowa City. We have spent the last seven months researching hate crime legislation and the many areas of law that intersect with them. Based on our research and discussions with legal scholars, we have drafted two ordinance proposals. One deals specifically with hate crimes by including hate and bias motivation as an aggravating circumstance for all violations of the city code. The other seeks to provide new protections for people by protecting them from intimidation directed towards them at their homes under certain circumstances. Over the last two weeks, we have been meeting with members of the City Council to discuss hate crimes and bias -motivated incidents in Iowa City and our ordinance proposals. So far we have spoken with Rockne Cole, Bruce Teague, Mazahir Salih, John Thomas and Jim Throgmorton. We will also be meeting with John Thomas today and the remaining city council members in the near future. All city council members we have spoken with thus far have expressed interest in these ordinance proposals. However, they (and we) know that they will not be able to move forward without a more thorough understanding of the law and an understanding of your concerns and recommendations. Each has asked that we contact you and arrange a time to meet and discuss these ordinances. Our hope is that we can begin a dialogue regarding these ordinances and work together to create final proposals for the City Council. We realize that legislating in the area of hate crimes and hateful acts is very difficult, especially when the acts involve speech. There are myriad First Amendment implications to consider. However, we have done extensive research that we would like to share with you and we would like the opportunity to explain our ordinance proposals and our thinking behind them. It is our hope—and JCIC's hope—that that our work together results in an ordinance, as we firmly believe (and the City Council Members hope) that there is room in the law for the city to do more than it is currently doing. We would like to meet as soon as possible in order to introduce ourselves and our ordinance proposals further. We are available Thursday afternoon this week or Monday afternoon on the 8th. Please let us know if you need additional availability. Thank you for your time. We look forward to your response. Sincerely, Cara Donels Clinic Law Student Community Empowerment Law Project JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: BIAS MOTIVATED MUNICIPAL OFFENSES ORDINANCE Introduction The attached ordinance is a first draft of a hate crime ordinance that allows a judge to consider hate or bias motivation as an aggravating circumstance for any municipal offense, including simple misdemeanors incorporated into the Iowa City Code under § 1-4-1(A). This ordinance starts with Part A, a findings section that is modeled after Breckenridge, Colorado's findings section in § 6-3A-5 of their city code, and Louisville -Jefferson County Metro Government's findings section in § 92-01. In Part B, this ordinance defines a bias motivated municipal offense. The protected classes in Part B mirror the protected classes in the state hate crime law, Iowa Code § 729A.2. Part C of this ordinance defines the penalties for any bias motivated municipal offense. For any simple misdemeanor offense, this ordinance allows bias to be considered as an aggravating factor to increase the underlying monetary penalty. Ultimately, this would be at the judge's discretion, with a penalty ranging from $65 and $625. For civil municipal infractions committed with hate or bias, this ordinance adds an additional $100 to the underlying fine. Part D of this ordinance requires collection of data on any hate crime or bias motivated municipal offenses in Iowa City. One notable impact of this ordinance is that simple misdemeanors that are not covered by Iowa's state hate crime law could be more effectively investigated and punished based on their hate or bias elements. Notably, hate and bias motivated harassment, which is not covered under Iowa's hate crime law, could be investigated and, when appropriate, punished more severely. Following the text of the ordinance, this packet contains a list of the most relevant authorities regarding hate crime laws, Home Rule, and the interplay between harassment and the First Amendment. JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: BIAS MOTIVATED MUNICIPAL OFFENSES ORDINANCE Proposed Language BIAS MOTIVATED MUNICIPAL OFFENSES A. FINDINGS The City Council finds that all citizens have a right to peace, protection, comfort, and safety and to be free from persons that, motivated in part by hate or bias, interfere with their person and/or their property. Acts motivated by hate or bias based on actual or perceived race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability have community -wide impacts, causing harm to more than just the victim of such an act. B. DEFINING MUNICIPAL OFFENSES MOTIVATED BY HATE OR BIAS A municipal offense includes any criminal or civil violation of this Code, including simple misdemeanors incorporated into this Code by § 1-4-1(A). A municipal offense is motivated by hate or bias if the victim of the municipal offense is chosen or targeted in whole or in part because of the victim's actual or perceived race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability. C. PUNISHMENT Any person convicted of a simple misdemeanor under this Code that is committed because of hate or bias shall be fined in accordance with § 1-4-1(B), with hate and bias considered as an aggravating factor for determining the severity of the fine. Any person convicted of a municipal infraction under this Code that is committed because of hate or bias shall be fined in accordance with § 1-4.2(B) of this Code for the underlying offense with an additional $100 fine. The penalty provided in this section for a bias -motivated municipal offense is not intended to and shall not be construed as precluding the victim of such action from seeking any other remedies otherwise available under law. D. DATA COLLECTION The Iowa City Human Rights Commission, or another agency designated by City Council, shall collect data and issue reports on the occurrences of hate crimes under Iowa Code § 729A.2 and municipal offenses that contain elements of hate or bias motivation. These reports shall include all relevant data on instances of hate crimes under Iowa Code § 729A.2 or municipal offenses containing elements of hate or bias motivation under Iowa City Code , including but not limited to instances where the initial charge is a hate crime or a municipal offense containing evidence of hate or bias motivation, but the conviction offense does not include a hate crime enhancement or hate and bias motivation as an aggravating factor. In instances where the conviction offense does not contain a hate enhancement or hate and bias aggravation, the report shall include an explanation for this change. JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: BIAS MOTIVATED MUNICIPAL OFFENSES ORDINANCE Table of Authorities Iowa Statutes and Ordinances Iowa Code § 364.1- "A city may, except as expressly limited by the Constitution of the State of Iowa, and if not inconsistent with the laws of the general assembly, exercise any power ... it deems appropriate ... to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents." Iowa Code § 364.3- "[A] city shall not provide a penalty in excess of the maximum fine and term of imprisonment for a simple misdemeanor ...." Iowa Code § 729A.3 Local Ordinances: "This chapter does not prohibit political subdivisions from enacting ordinances which are consistent with this chapter. Local ordinances reasonably regulating the time, place, or manner of the exercise of constitutional rights are permissible_" Iowa City Code § 1-4-1(B): "Criminal Penalty: The doing of any act prohibited or declared to be unlawful, an offense or a simple misdemeanor by this code or any ordinance or code herein adopted by reference, or the omission or failure to perform any act or duty required by this code or any ordinance or code herein adopted by reference, is a simple misdemeanor and is ... punishable by a penalty with a fine of at least sixty five dollars ($65.00) but not to exceed six hundred twenty five dollars ($625.00)." Iowa Supreme Court Cases Relevant First Amendment and Harassment Case Law State v. McKnight, 511 N.W.2d 389 (Iowa 1994) (holding that the Iowa hate crime statute does not violate the First Amendment because "bias motivated speech, coupled with assaultive or other nonverbal, proscribed conduct, is not protected" speech) State v. Hennings, 791 N.W.2d 828 (Iowa 2010), overruled on other grounds by State v. Hill, 878 N.W.2d 269 (Iowa 2016) (describing how hate crime legislation is constitutional because of the causal connection between hate or bias and a criminal act) Relevant Home Rule Case Law Sioux City Police Officers'Assn v. City of Sioux City, 495 N.W.2d 687 (Iowa 1993) (noting that the Home Rule Amendment "grants municipal corporations broad authority to regulate matters of local concern," including "set[ting] standards `more stringent than those imposed by state law") Comparable City Ordinances Most hate crime ordinances we have encountered are sentence enhancers, like Iowa Code § 729A, or create a new crime when an offense is committed with hate. Home Rule prevents a bias enhancement in Iowa City. Therefore we chose an aggravating approach. Breckenridge, Colorado: § 6-3A-5: Bias Motivated Municipal Offenses • Chicago, Illinois: § 8-4-0858-4-085: Hate Crimes Denver, Colorado: § 14-71 (2) Bias Motivated Offense • Flint, Michigan:§ 1-7.2: Hate Crimes • Louisville, Kentucky: §130.50 Bias Related Offenses • Montgomery County, Maryland: §§ 27-22-27-26 • Olympia, Washington: § 9.20.090: Hate crimes Penalty • Tuscon, Arizona: Art. I § 11-30 Prohibition of hate crimes and institutional vandalism; penalties JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: TARGETED HARASSMENT OF PRIVATE RESIDENCES ' Introduction The attached ordinance is a first draft of an ordinance that seeks to prohibit people from distributing—with the intent to intimidate—fliers, posters, handbills, or literature to people at their private residences. Any time legislation seeks to regulate speech, there are many First Amendment considerations and concerns. In this ordinance, we seek to respect the necessary protections of First Amendment precedent, and, at the same time, solidify guarantees of protection for people who are being harmed by the intimidating conduct of others. This ordinance attempts to adhere to First Amendment precedent by focusing on two main principles: (1) People have greater protections in their homes, including freedom from "hearing" certain speech in their homes, and (2) Acts done with the intent to intimidate or harass are often regarded as conduct rather than speech for First Amendment purposes. By restricting the proposed ordinance's prohibitions by location (only at people's homes) and purpose (speech used as an instrument of intimidation), the ordinance seeks to narrowly address the harm that people suffer when they are intentionally intimidated at their place of residence. The ordinance would allow almost all speech in any form, including the dissemination of handbills or fliers— the only act that would be prohibited is the distribution of materials with the intent to intimidate. On the next page, we have included a first draft of the Targeted Harassment of Private Residences ordinance. Following the text of the ordinance, this packet contains a list of the most relevanta authorities regarding harassment and the First Amendment, Home Rule, and Iowa statutes and ordinances. JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: TARGETED HARASSMENT OF PRIVATE RESIDENCES Proposed Language TARGETED HARASSMENT OF PRIVATE It shall be unlawful for any person to place leaflets, fliers, or literature within the property boundaries of an individual's private residence, when done with the intent to intimidate or alarm the occupants of that private residence. Nothing herein shall prohibit: (1) the dissemination of leaflets, fliers, or literature at a private residence which is used as the occupant's sole place of business; (2) the dissemination of leaflets, fliers, or literature at a private residence used as a public meeting place; (3) a person or group of persons from marching without stopping at a particular private residence; or (4) a person or group of persons from marching on a defined route without stopping at any particular private residence. A. DEFINITIONS: Private Residence: A single-family, duplex, or multi -family dwelling. B. PENALTY: Any violation of this section shall be considered a simple misdemeanor as provided for in § 1-4-1 of this Code. JOHNSON COUNTY INTERFAITH COALITION PROPOSAL: TARGETED HARASSMENT OF PRIVATE RESIDENCES Table of Authorities U.S. Supreme Court Frisby v. Schultz, 487 U.S. 474 (1988) (upholding a targeted picketing ordinance, relying heavily on principle "that individuals are not required to welcome unwanted speech into their own homes") F.C.C. v. Pacifica Found., 438 U.S. 726 (1978) (holding that broadcasts have limited First Amendment protection because of their pervasiveness into the homes of individuals) Kovacs v. Cooper, 336 U.S. 77 (1949) (upholding an ordinance which forbade the use of sound trucks because of the pervasive way in which the speech intruded into homes) Iowa Supreme Court Relevant First Amendment and Harassment Case Law State v. Evans, 672 N.W.2d 328 (Iowa 2003) (stating that even if a First Amendment right in an activity exists, it "does not include a right to accomplish that objective in a manner that is intended to threaten, intimidate, or alarm the subject") State v. Evans, 671 N.W.2d 720 (Iowa 2003) (defining "alarm" in Iowa's harassment statute as the intent to "cause (someone) to feel frightened, disturbed, or in danger" and holding that a reasonable jury could conclude that the defendant had the intent to alarm) State v. Fratzke, 446 N.W.2d 781 (Iowa 1989) (noting that the language "without legitimate purpose" in Iowa's harassment statute creates a "constitutional safety valve") State v. Jaeger, 249 N.W.2d 688 (Iowa 1977) (holding that the former telephone harassment statute was not unconsitutionally vague nor overly broad by placing an emphasis on the importance of the specific intent element of the statute) State v. Baker, 688 N.W.2d 250 (Iowa 2004) (upholding a harassment -based juror tampering statute because intent to harass is conduct, and the purpose of law was legitimate) Relevant Home Rule Case Law Sioux City Police Officers'Assn v. City of Sioux City, 495 N.W.2d 687 (Iowa 1993) ("A municipal ordinance is `inconsistent' with a law of the General Assembly and, therefore, preempted by it, when the ordinance prohibits an act permitted by a statute, or permits an act prohibited by a statute.") Iowa Statutes and Ordinances Iowa Code Limitations Iowa Code § 364.1- "A city may, except as expressly limited by the Constitution of the State of Iowa, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents." Iowa Code § 364.3- "[A] city shall not provide a penalty in excess of the maximum fine and term of imprisonment for a simple misdemeanor ...." Residential Picketing Ordinances Iowa City Code: § 10-2-3 Residential Picketing "A. It shall be unlawful for any person to engage in residential picketing." RESIDENTIAL PICKETING: Picketing that is directed, focused, or targeted at a particular private residence and that takes place directly in front of the particular private residence or the private residences on either side of the targeted private residence. Eleanor M. [iilkes From: Donels, Cara S <cara-donels@uiowa.edu> Sent: Monday, April 22, 201911:08 AM To: Eleanor M. Dilkes Cc: Fisher Page, Daria M; Huish, Derek A; Greene, Elena; Rodriguez, Dario A Subject: Updated bias motivated offenses ordinance Attachments: Updated Bias Motivated Municipal Ordinance 4.19.docx Follow Up Flag: Fallow up Flag Status: Completed Eleanor, JCIC has decided to proceed with only the bias motivated offenses ordinance. I've attached updated language to this email. We were uncertain what the best way to incorporate simple misdemeanors from the Iowa Code into the city code was and welcome any suggestions that you may have. This shift should drop your workload related to the first amendment, but please let me know if you have any specific research questions regarding this ordinance. Thank you, Cara Donels Clinic Law Student Eleanor M. Dilkes From: Donels, Cara S <cara-donels@uiowa.edu> Sent: Tuesday, May 07, 2019 3:19 PM To: Eleanor M. Dilkes Cc: Huish, Derek A; pastor@ncichurch.com; Rodriguez, Dario A Subject: Updated Hate Crime Ordinance Attachments: JCIC CELP Hate Crime Ordinance 5.7.docx Follow Up Flag: Follow up Flag Status: Completed Eleanor, I've attached an update to the hate crime ordinance based on our conversation. We've accepted your changes, and made the following changes as well: 1. For the first offense, the jail time is now "up to" 7 days in jail 2. We would like to pursue the data collection and trainings pieces as resolutions or policy changes. For community service, I included a reference to an Iowa City code section that currently mandates community service for minors. We would prefer to have language similar to that. Thank you, Cara Donels Clinic Law Student JOHNSON COUNTY INTERFAITH COALITION: PROPOSAL FOR A HATE CRIME ORDINANCE A. VIOLATION OF AN INDIVIDUAL'S RIGHTS PROHIBITED All persons have the right to be free from communications directed at them or their property with the intent to intimidate, annoy, threaten or alarm and without legitimate purpose because of their actual or perceived race, color, religion, ancestry, national origin, sex, gender identity, sexual orientation, age, or disability. All persons have the right to be free from trespasses against their property made with the intent to intimidate, annoy, threaten or alarm and without legitimate purpose because of their actual or perceived race, color, religion, ancestry, national origin, sex, gender identity, sexual orientation, age, or disability. B. VIOLATION OF INDIVIDUAL RIGHTS — HATE CRIME "Hate crime" means one of the following public offenses when committed against a person or a person's property because of the victim's actual or perceived race, color, religion, ancestry, national origin, sex, gender identity, sexual orientation, age, or disability, or because of the victim's association with a person based on actual or perceived race, color, religion, ancestry, national origin, political affiliation, sex, gender identity, sexual orientation, age, or disability. Harassment as defined in Iowa Code Section 708.7 Trespass as defined in Iowa Code Section 716.7 - Eleanor- The source for the "association" portion of this. California's state hate crime statute takes a similar approach, worded differently: https://le 'ng� fo.legislature _ca.goy/faces/codes displaySection.xhtml?lawCode--PEN§i onNum--422.55. C. PUNISHMENT Any person convicted of a hate crime under this section shall be punished as followed: For the first offense, a minimum fine of $300 and up to 7 days in jail. For each subsequent offense, a fine of $625 and 30 days in jail. Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this section shall affect the rules of evidence governing impeachment of a witness. NOTES: FrEFT1 • i s LW . _ :�:.Ift a��.:.-tee.:. 110 Evidence of expressions or associations of the accused may not be introduced as substantive evidence at trial unless the evidence specifically relates to the crime charged. Nothing in this section shall affect the rules of evidence governing impeachment of a witness. NOTES: - Note for Eleanor- 909.3A is referenced in Iowa City Code 4-5-4 "The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A of the Iowa Code, or an equivalent value to the fine imposed under this section. (Ord. 05-4162, 6-21-2005)." If we are able to keep the paragraph on community service, it is JCIC's preference. RESOLUTION: HATE CRIME DATA COLLECTION The (potentially: Police Department? Iowa City Human Rights Commission?) shall collect data from the Iowa City Police Department and other relevant agencies and issue reports on the occurrences hate crimes under this section. "Occurrences" of hate crimes under this section means any allegation, complaint, investigation, charge, prosecution, and/or conviction of a hate crime under this section. Each report on the occurrence of a hate crime offense shall be compiled in a timely manner, but not later than 90 days after the completion or resolution of the allegation, complaint, investigation, charge, prosecution, and/or conviction, and shall be publicly available upon completion. These reports shall include the date, time, specific location, and the immediate relevant facts and circumstances on occurrences of hate crimes under this section. The , Iowa City Police Department, or another agency designated by City Council shall maintain and disseminate information related to whether this hate crime ordinance is disproportionately enforced. Evidence that an ordinance is disproportionately enforced may include, but is not limited to, the following: evidence that the demographics, such as race, color, religion, ancestry, national origin, political affiliation, sex, gender identity, sexual orientation, age, or disability, of persons charged under this ordinance are disproportionate to the demographic makeup of Iowa City. NOTES JCIC would like to pursue data collection through a resolution. - JCIC would also like to pursue police training on harassment as a hate crime through policy or resolution. 5 Prepared by: Eleanor Dilkes,City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030 Ordinance No. 19-4795 Ordinance amending Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," to add Hate Crime as a criminal offense. Whereas, all persons have the right to be free from communications directed at them or their property with the intent to intimidate, annoy, threaten or alarm and without legitimate purpose because of their actual or perceived race, color, religion, creed, national origin, sex, gender identity, sexual orientation, age, disability or marital status; and, Whereas, all persons have the right to be free from trespasses against their property made with the intent to intimidate, annoy, threaten or alarm and without legitimate purpose because of their actual or perceived race, color, creed, religion, national origin, sex, gender identity, sexual orientation, age, disability or marital status; and, Whereas, the State Hate Crimes provision, Iowa Code Chapter 729A, enhances the penalty for certain crimes when they are committed because of a person's race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability, but harassment and trespass with the intent to harass are not included as enhanceable offenses; and, Whereas, when the State enhances a penalty it does so by increasing the level of the crime such as making a simple misdemeanor a serious misdemeanor or a serious misdemeanor an aggravated misdemeanor; and, Whereas, under Iowa law the City may only provide a criminal penalty for a simple misdemeanor as specified by the Iowa Code, which currently is a fine of at least sixty-five dollars but not to exceed six hundred twenty-five dollars and imprisonment not to exceed thirty days in lieu of a fine or in addition to a fine; and, Whereas, because the State Code does not include harassment or trespass with intent to harass as a hate crime, the City should include harassment and trespass with intent to harass when done because of a characteristic included within the City's human rights ordinance as a simple misdemeanor punishable by a fine and jail time; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," is hereby amended by adding a new Section 17 as follows: 8-5-17 VIOLATION OF INDIVIDUAL RIGHTS-HATE CRIME A. It shall be unlawful for a person to commit a Hate Crime. "Hate crime" means one of the following public offenses when committed against a person or a person's property because of the victim's actual or perceived race, color, creed, religion, national origin, sex, gender identity, sexual orientation, age, disability, or marital status or the person's association with a person or group with one or more of these actual or perceived characteristics: 1. Harassment under Iowa Code Section 708.7 2. Trespass, as defined in Iowa Code Section 716.7(2)(a) 1 Ordinance No:.19-4795 Page 2 B. A violation of this section is punishable as follows: 1. First Offense: A fine of at least$300.00 and not to exceed $625.00, and imprisonment of at least three (3) days and not to exceed seven (7)days. 2. Subsequent Offenses: A fine of$625.00 and thirty (30) days imprisonment. C. Nothing herein shall be construed to allow a court, in the absence of a stipulation by the parties, to admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant and admissible under the Iowa Rules of Evidence. Nothing herein is intended to affect the existing rules of evidence. 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of June , 2019. 7.7<7C M or Attest: _a1 '!' l'S X11 ' / City Clerk • overd..by6i City Attorney's Office 2 Ordinance No. 19_4795 Page 3 It was moved by Mims and seconded by Cole that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole x Mims X Salih X Taylor X Teague X Thomas x Throgmorton First Consideration 06/04/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Salih. Second Consideration Vote for passage: Date published 06/27/2019 Moved by Teague, seconded by Mims, 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. AYES: Cole, Mims, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Salih.