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HomeMy WebLinkAbout2013-08-06 Ordinancei 4a Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240, 319 - 356 -5234 (REZ13- 00018) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 7.13 ACRES OF PROPERTY LOCATED AT 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00018) WHEREAS, the applicant, Dealer Properties IC LLC, is owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Trek Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance No. 13- 4533); and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Outlot B, JJR Davis Addition is subject to an existing Conditional Zoning Agreement (Ordinance No. 13 -4533) that is based on a Sensitive Areas Development Plan, which includes a Wetland Seeding and Planting Plan that would be implemented by removing and replacing 12" to 18" of topsoil from the mitigation site and seeding according to the plan; and WHEREAS, the owner has requested that the existing Conditional Zoning Agreement (Ordinance No 13- 4533) be repealed and replaced with a new Conditional Zoning Agreement; and WHEREAS, the new Conditional Zoning Agreement would change the method of establishing the compensatory wetland; instead of removing and replacing the topsoil, the mitigation would be implemented by retaining the existing topsoil and eradicating the invasive species by mowing and spraying with chemicals before planting a mix of native wetland seedlings as prescribed in the Alternative Wetland Mitigation Restoration Plan, which is described in detail in a letter dated July 10, 2013 from Transition Ecology LLC. Other relevant conditions from the existing conditional zoning agreement are included in the new conditional zoning agreement attached hereto; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that the applicant meets conditions to implement the prescribed compensatory wetland mitigation and to establish an escrow account to ensure its timely implementation; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the rezoning and 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. The property described below is hereby rezoned and subject to the Conditional Zoning Agreement attached hereto and incorporated herein: LEGAL DESCRIPTION Lot 2 and Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office. 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 and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same'in the Ordinance No. Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. MAYOR ATTEST: CITY CLERK Approved by -U� , �_ L-,� City Attorney's Office Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration 8/6/2013 Vote for passage: AYES: Dickens, Champion. NAYS: None. Second Consideration _ Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Dobyns, Hayek, Mims, Payne, Throgmorton, ABSENT: None. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Dealer Properties IC LLC (hereinafter "Owner "). WHEREAS, the applicant, Dealer Properties IC LLC, is owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Trek Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance No. 13- 4533); and WHEREAS, the Owner has requested the rezoning of said property to replace the previous Conditional Zoning Agreement (Ordinance No. 13 -4533) with a new Conditional Zoning Agreement in order to use an alternative method to establish the compensatory wetland on the subject property; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission recommended approval of the rezoning subject to the establishment of an escrow account to ensure installation of mitigation improvements over time; 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 protection of environmentally - sensitive areas; 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. Dealer Properties IC LLC is the legal title holder of the property legally described as: Lot 2 and Outlot B, JJR Davis Addition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, in the records of the Johnson County Recorder's Office. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The improvements shown on the "Wetland Seeding and Planting Plan," dated 12/11/12 with a revised date of 6/25/13 (attached hereto), and as set forth in more detail in a letter dated July 10, 2013 from Transition Ecology LLC, entitled, "Alternative Wetland Mitigation Restoration Plan" (attached hereto) shall be initiated and the ppdadm /agt/rez13 -00018 cza final escrow account established as described in paragraph b, below, prior to any development activity being permitted on Lot 2 of the D & D Billion Addition; b. Owner will fund an escrow account in the amount of $76,560 (the estimated cost of implementation of the "Alternative Wetland Mitigation Restoration Plan" plus 10 %) to ensure that the restoration plan is carried out to completion. Escrow to be released upon verification by the US Army Corp of Engineers that the "Wetland Seeding and Planting Plan," has been satisfactorily implemented; and c. Existing and proposed light fixtures on Lot 2 of the D & D Billion Addition that are located within 300 feet of residentially -zoned property, whether located within a City or County zoning district, will be mounted no more than 25 feet above grade prior to the establishment of the additional vehicle display area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), 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 to 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 acknowledges 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 Applicant's expense. Dated this day of CITY OF IOWA CITY Matthew ^Hayek, Mayor Z Attest: ppdadm /agt/rez13 -00018 cza final 2 41TIN Dealer Properties IC By: Marian K. Karr, City Clerk Approved by: City Attorney's Office 9-1111 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2013 by Matthew ,,Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF X)WA O- Q Vc `�-O, ss: APB COUNTY ) rv�,l�al�c:� On this day of 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, per ally appeared 1�) 0jj �`�Q ; tl� °c��� , to me personally known, who being by me duly sworn, did say that the person is Ma (title) of and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. s � BRENDA TIRREL G(VOTARY PUBLIC L SOUTH DAKOTA , Notary Public in and for the State of Iowa My commission expires ppdadm /agt /rez13 -00018 cza final 3 p A At � Er lie1~po l e �F [ PoPop �4 11`1 � - rl Mill lam, lilt €$'559515 1€ 4l M'6 k N N q q � Ayye Oil O C rm O —Z pp v O- ° m >C-v oD-0 D z Dz vG) vT z In N lam, / I k N N q q � Ayye Oil O C rm O —Z pp v O- ° m >C-v oD-0 D z Dz vG) vT z In N City of Iowa City MEMORANDUM Date: July 18, 2013 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: REZ13 -00018 Mormon Trek Boulevard /Dane Road Billion Auto The applicant, Dealer Properties IC LLC, has requested an amendment to the recently approved Sensitive Areas Development (SAO) Plan for an approximately 7.13 -acre property located at Mormon Trek Boulevard and Dane Road SE. In March 2013, the Commission approved a request to amend the SAO Plan for the same property. The applicant had requested the amendment to reduce the overall size of the wetland buffer area from 4.46 acres to 4.14 acres —still greater than the 3.56 -acre minimum buffer area required for the property. The proposal to reduce the buffer size was approved subject to installation of wetland mitigation improvements prior to further development of the property, among other conditions. Such mitigation improvements are needed to address the presence of Reed Canary Grass, a non - native invasive species, on the subject property. The plan for mitigation improvements approved in March 2013 involves removing 12" to 18" of soil from the site and replacing the soil with clean fill dirt. According to a report by Transition Ecology LLC completed on behalf of the applicant, this approach would only temporarily remove the invasive species and, due to the steep slopes at the site, greatly increase soil erosion. The applicant has submitted an alternative plan, which would require an amendment to the SAO plan so that extensive soil removal and replacement would not be required. The alternative plan, drafted by Transition Ecology LLC, includes two phases — removal of the invasive vegetation by mowing and chemical treatment, and installation of the seeding mix as prescribed by the Compensatory Mitigation Plan for the subject property. The alternative plan would remove the invasive grass without removing the soil and other desirable vegetation, but would take multiple seasons to implement. The alternative plan also details the timing and costs of monitoring the restoration process, another condition of approval for the March 2013 rezoning. After consultation with the Army Corps of Engineers, and due to the less aggressive grading and lesser likelihood of soil erosion, Staff believes that the alternative plan is preferable when compared to the previously approved plan. Because the proposed July 10, 2013 Page 2 alternative will take a longer time to implement, staff recommends that an escrow fund be established to help assure that the plan continues to be implemented over time. With the establishment of an escrow staff would recommend that the other development activity be allowed to proceed within the subdivision. Staff recommends approval of REZ13- 00018, a request to amend the SAO plan for approximately 7.13 acres of land located at Mormon Trek Boulevard and Dane Road SE, subject to the applicant funding an escrow account to ensure completion of the proposed wetland mitigation improvements. With the commencement of the mitigation plan and the establishment of an escrow, other development with the subdivision would be allowed to proceed. Approved by: Robert Miklo, Senior Planner ATTACHMENTS: 1. Letter from Transition Ecology 2. Wetland Seeding and Planting Plan July 10, 2013 Mr. Bob Miklo City of Iowa City Planning and Zoning Department 410 East Washington Street Iowa City, IA 52240 Re: Alternate wetland mitigation restoration plan Dear Bob; transition ecology L.L.0 Land Management & Restoration As requested by Mr. Billion, Transition Ecology, LLC has prepared an alternative proposed restoration plan for the JJR Davis Subdivision Wetland Mitigation site permitted by the US Army Corps of Engineers, Iowa Department of Natural Resources, and the City of Iowa City (USACE Reference No: CEMVR-OD-P-2003- 1563(454930)). The following plan includes recommendations for combating the existing invasive species; primarily reed canary grass (Phalaris arundinacea) and installing the correct buffer and wetland seed mixes described in the Corps approved wetland mitigation plan. As you may know, mitigation for the development of the JJR Davis subdivision (71.8 acre commercial development) occurred in two phases. For unavoidable impacts to 3.07 acres of wetland and 1,0091f of stream bottom the US Army Corps of Engineers required compensatory mitigation. Phase I, included the creation of 0.67 acre of wetland (off -site) at the Davis Home (S19,T79N, R6W). This mitigation has been constructed, monitored and 2011 marked the final year of monitoring for this portion of the mitigation. Phase 2 included the construction of 0.81 acre of wetland, enhancement of 1.43 acre of wetland and the creation of a 4.46 acre buffer strip; this is the mitigation site associated with lots 6 and 7 of your current development. As you know, the grading for this Phase of the mitigation was completed, but the native seeding requirement and 5 years of monitoring has not been completed. Since the seed mixes were not installed, non- native, invasive species now dominate. Removal of these species is necessary before the prescribed seed mixes can be planted. An extension was granted for this project, by the US Army Corps of Engineers, on January 8th, 2009. This extension (No. 2003 -1563) allows for final installation of the native seed mixes described by the 401/404 permit (wetland mitigation plan) until December 31st, 2013. Proposed Restoration Plan The proposed restoration plan includes two major phases, removal of the existing vegetation and installation of the seeding mix prescribed by the wetland mitigation plan. I. Reduction of Invasive Species As we have discussed Reed Canary Grass (RCG) is a non - native species that has infiltrated this mitigation site. RCG is a Eurasian variety introduced to the United States for use as a forage grass; it is an aggressive, cool season, perennial grass, which reproduces both by seed and a creeping rhizomatous root (underground rootstock) that out - competes many other plants. Over time and improperly managed, this species dominates many wetlands, wet meadows, and lake shores. Since it is commonly sold in most agricultural supply stores, as an erosion control seed for grassy waterways, it will continue to have a presence in the environment. Existing plants produce seeds which flow along waterways to areas that have been recently disturbed and become a dominant component of the environment. The dominance of RCG makes it challenging to eradicate. There is currently an Corps accepted proposal to completely remove 12 -18" of soil from the entire site and then replace with clean fill dirt. While this would temporarily remove much of the existing RCG plants and seed stock, the site would ultimately be invaded again. Complete removal of this species at the mitigation site 620 Ronalds Street • Iowa City, IA 52245 319.621.1980 transitionecology @gmail.com is unlikely, as there are drainage ways (outside the property) that feed into the site that also contain reed canary grass (Figure 1). Ultimately this species will return. Additionally, besides cost; the constructed basin has steep slopes; complete removal of the existing soil would greatly increase erosion and destabilize a mitigation site that is also a storm water detention area. An alternative scenario for reduction of the reed canary grass would be the use of chemicals, prescribed fire, and mowing'. However, due to the urban nature of the site and the risk of contaminating nearby automotive inventory with the odor of smoke, we do not recommend this site for prescribed fire. The next "best" way to reduce the impact of reed canary grass is with a series of chemical treatments alternating with mowing when seasonally possible. Mowing will stimulate the reed canary grass to grow (mimicking grazing) and then the subsequent chemical treatment will help to reduce growth and seed production. Alternating these treatments throughout the 2013 growing season will encourage the RCG to invest stored energy in growth while continuously reducing its energy with chemicals. The proposed work will be weather dependent. Wetter weather may make chemical treatments more challenging and mowing more difficult. Comparatively, drier weather will provide the best conditions to access the majority of the site and remove more of the existing vegetation. Chemical Treatment A glyphosate herbicide like RoundupT" should be applied 3 -5 times throughout the growing season to all areas heavily populated with RCG. Most invasives are cool season species and will begin to emerge much sooner than the majority of other species. Glyphosate is a useful chemical as it disrupts the photosynthetic process necessary for the plant to grow. In the spring, RCG will begin to use the energy stored in its roots for new shoot and stem growth, this process is halted by the glyphosate chemical. In the upland buffer areas a common glyphosate like Round -upTM may be used. In the wetland areas a specially formulated glyphosate that is considered "wetland safe ", like RodeoTM should be used. Mowing Mowing will not only wear out the RCG, but it will also help reduce seed production. When RCG growth is interrupted by mowing then there is less opportunity to produce seed and propagation is reduced. Seed Bed Preparation At the end of the growing season, when water levels in the basin are at their lowest, it will be necessary to disc or lightly till the soil, where possible. Exposing the soil for the installation of the different seed mixes. II. Seeding and Planting of Plugs The seed mixes, as specified in the wetland mitigation plan will all be planted as prescribed in the areas designated. In addition to the different seed mixes, the site will be supplemented by two different classes of Plugs. Emergent Wetland Plugs One flat of each species shall be planted randomly, throughout the emergent areas; the lowest point of the shallow basins. If not available, other emergent species should be selected and planted according to recommended planting instructions. At a minimum five flats should be used. Soft Stem Bulrush Blue Flag Iris Fringed Sedge Tussock Sedge Fox Sedge Scirpus validus Iris shrevei Carex crinita Carex stricta Carex vulpinoidea "Wisconsin Reed Canary Grass Control Practices: Effects and Management Recommendations." Invasive Plants Association of Wisconsin, Wisconsin Department of Natural Resources, and the US Fish and Wildlife Service, Jan. 2006. Web. May 2013. <http: / /map.co. door.wi.us /swcd/ invasive /Publications/ Reed %20Canary %20Grass.pdf >. Button bush Sweet Flag Cephelanthus occidentalis Acorus calamus Wetland plugs One flat of each of the following species shall be planted randomly, throughout the wetland areas. If not available, other wetland species should be selected and planted according to recommended planting instructions. At a minimum 13 flats should be used. Grasses Prairie Cord Grass Spartina pectinata Awl- fruited Sedge Carex stipata Soft Rush Juncus effuses Big Bluestem Andropogon gerardii Bottlebrush Sedge Carex comosa Wool Grass Scirpus cyperinus Forbs Wild Bergamot Monarda fistulosa Marsh Marigold Caltha palustris Cream Gentian Gentiana flavida Compass Plant Silphium laciniatum Rose Mallow Hibiscus militaris Prairie Blazing Star Liatris pycnostachya Sawtooth Sunflower Helianthusgrosseserratus III. Site Monitoring Restoration of this site will need to be CLOSELY monitored. Additionally, weather patterns have been inconsistent and the timing of mowing and spraying will need to be determined based on how the growing season progresses. In addition to the restoration work, which would be completed by hired contractors, we propose to monitor the site weekly and maintain contact with contractors to aggressively pursue restoration of this site throughout 2015. Proposed Timeline 2013 Growing Season and throughout Summer 2013 The site should be chemically treated as soon as possible to reduce further growth and development of the RCG. Then within one to two weeks, depending on rainfall events, the site will be mowed. Then in another two to three weeks it should be chemically treated again, alternating mowing and spraying every two to three weeks. Fall 2013 Near the end of the growing season, the site will be disced, remaining vegetation allowed to begin to grow. Then chemically sprayed and then disced again. Then when weather is appropriate the site will be seeded. In areas where the reed canary grass is still dominant, a second year of chemical and mowing treatments will be necessary and will be pursued throughout the 2014 growing season, as required. 2014 Growing Season In the spring of 2014, areas still dominated by reed canary grass will continue to be sprayed and mowed and other areas seeded in the Fall of 2013 will be mowed to stimulate development of native plants and reduce impact of invasive species. If necessary (and where access is possible) particularly challenging areas will be disced to disrupt root growth and further disturb germination of seed. In those areas where the seed does not seem to be successful, plugs will be planted to further provide competition for the reed canary grass. All areas seeded in 2013 will be mowed 3 -4 times throughout the 2014 growing season. This establishment mowing is necessary to further reduce seed production of annual weeds and to improve the success of the seeded natives. Additional spot spraying to further reduce the impact of RCG may also be necessary throughout the 2014 growing season. 2015 Growing Season Again, the same prescription of mowing, spraying, discing and plug planting will continue, only in those areas where the reed canary grass continues to dominate. Costs associated with this work are difficult to estimate until the success of 2013 and 2014 can be determined. It is likely that costs for 2014 and 2015 will be less assuming that work can begin as soon as possible. 2013 Itemized Description I. Chemical Treatments and Mowine 1. 3 -4 chemical treatments for an approximately 6 acre site 2. 3 -4 Mowing treatments for an approximately 6 acre site II. Seeding and Plug Planting 3. Prepare seed bed 4. Purchase seed and plugs and plant seed and plugs III. Site Monitoring S. Monitoring site and interacting with contractors *ESTIMATED TOTAL YEAR 1 2014 Itemized Description IV. Chemical Treatments and Mowing 6. 3 -4 chemical treatments for an approximately 6 acre site 7. 3 -4 Mowing treatments for an approximately 6 acre site V. Seeding and Plug Planting 8. Prepare seed bed 9. Purchase seed and plugs and plant seed and plugs VI. Site Monitorine 10. Monitoring site and interacting with contractors *ESTIMATED TOTAL: YEAR 2 Estimated Cost Range $ 9,000.00 - $11,500.00 $ 3,700.00 - $ 5,600.00 $ 1,500.00 - $ 2,000.00 $17,000.00 - $20,000.00 $ 3,000.00 - $ 5,000.00 $34,200.00 - $44,100.00 * Estimated Cost Range $ 5,000.00 - $ 7,500.00 $ 3,000.00 - $ 5,000.00 $ 1,500.00 - $ 2,000.00 $ 5,000.00 - $ 7,000.00 $ 2,000.00 - $ 4,000.00 $16,500.00 - $25,500.00* *Please Note that these costs are estimates only based on current average rates for this work. Market price for seed and plugs is subsequent to change. Additionally, these costs do not include erosion control services which may also become necessary. Estimating costs for a third year is very difficult as restoration of this site will be dependent on success of the first two years. Success will be dependent on seasonal limitations, which we of course cannot estimate. Respectfully submitted, TRANSITION ECOLOGY, LLC Original signed by J. Elizabeth Maas J. Elizabeth Maas, Project Manager CC: Mr. Eugene Wassenhove Department of the Army Rock Island District, Corps of Engineers Clock Tower Building P. 0. Box 2004 Rock Island, IL 61204 -2004 Mr. David Billion 3401 West 41St Street Sioux Falls, SD 57106 Ph: 605.361.1919 David.billion @billionauto.com Figure 1: Wetland Mitigation site showing drainage entering from west. Ultimately reed canary grass in the ditch alongside the highway exit ramp will be re- introduced to the wetland mitigation site. Alyg° F 51 1 v U R13, 1 $ 11011 1111 w � Srp�Z$Fb �o�g "���'85� qR �R e5 ek 13R e 6. r� A n�E g§g 666 8 _6 G :5. �svFR Fi �R ° g> AN LL�i A MIA ie ;J'Q >�A ® '��I Io�PleeMli$Ytl� f FN 44 P ©® H. 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He said this development follows the current requirements for handling storm water, and although he knows there will be additional run -off from this site into Ralston Creek, he doesn't have a regulatory way of changing that at this time. He said he will support the application with the added requirements. Dyer reiterated what Thomas said in that most of the problems can be attributed to the fact that the building to the south is built almost on the property line. She said if the applicants follow the requirements that the Commission has established, which she thinks are substantial, they can use their property as they choose. A vote was taken and the motion carried 7 -0. Freerks reminded those in attendance that this item will go on to City Council so there will be another opportunity to discuss it. REZ13- 00018: Discussion of an application submitted by Dealer Properties IC LLC for a rezoning to amend the Sensitive Areas Development Plan to allow restoration of the wetlands without first removing the topsoil for property located at 2845 Mormon Trek Boulevard. Howard said the Commission recently passed an amendment to reduce the overall size of the wetland buffer area to 4.14 acres. She said this item is a change in the method they would like to use to install the wetland mitigation. She said instead of removing twelve to eighteen inches of topsoil, the applicant has developed a plan they feel will be less invasive and more successful as described in a letter from Transition Ecology, LLC. Eastham asked Howard what the timeline for this project will be and who will be responsible for oversight. Howard said it will be whoever the applicant hires to install it, and the U.S. Army Corps of Engineers has a timeline, and the plants have to be installed by the end of this year. Greenwood Hektoen said the recommendation is that they commence the plan before any construction permit would be allowed for Lot 2. Eastham asked what would happen if they don't complete it. Greenwood Hektoen said the applicant would put up an escrow that if they don't complete it the City would have the money to go in and do the work. Dyer said the plan involved starting in the growing season of 2013. She said we are already halfway through that season. Freerks said much of the planting will take place much later, as according to the new plan, they want to kill everything first. Freerks asked about the staff's recommendation. Howard clarified that the project needs to commence and escrow needs to be established before a permit is issued. Eastham asked about the Council's timeline for this application. Howard said because of the hurry to do this mitigation this growing season, Council has already set a public hearing for this th for August 6 Planning and Zoning Commission July 18, 2013 - Formal Page 8 of 13 Greenwood Hektoen said the key element of the plan for the Commission is not the specific start date but that the applicant has to start before they get a building permit. Howard said that the consequence of not approving this plan is that the existing Conditional Zoning Agreement (CZA) that was adopted previously would still be in force, which would be to remove the twelve to eighteen inches of topsoil and install the wetland. She said the Commission should decide which plan is better for the wetland and its survivability. Freerks opened public hearing. Liz Maas of Transition Ecology said she was contacted by the applicant to see if she could devise an alternative to dredging out the soil and cutting into the area with heavy equipment. She said this is a storm water mitigation site so removing so much topsoil would cause a lot of erosion, and heavy equipment would compact the soil and create less benefit in that the water will want to go off if the soil is compacted. She said her alternative involves using chemicals to treat the invasive species that are there. She said this mitigation site is completed in the sense that the only problem with this site is that the vegetation is not appropriate. She said it's functioning well but the vegetation is not what was specified by the original mitigation plan that was passed ten years ago. Dyer asked if the correct plants weren't planted. Maas said that's part of it, and they weren't planted at the correct ratios, but a lot of what is there could have come in naturally. She said about half of it is canary grass but half is actually decent. Martin said it's logical to not remove topsoil but the words RoundUp and wetlands don't seem compatible to her. Maas said there is a safe chemical called Rodeo that is used in a wetland area. Martin asked if that affects birds or other species or the native vegetation. Maas said RoundUp is a poison and would only be used judiciously in the places it needs to be use. She said as an ecologist she's very sensitive to trying to protect as much as she can the existing vegetation so it can out - compete the invasive species. Maas addressed Eastham's previous concern about responsibility. She said because this is a wetland mitigation site the Corps of Engineers and the Iowa Department of Natural Resources are required by the Clean Water Act to monitor the site for five years after it's been completed as well as during the project. Martin asked who will be doing the monitoring. Maas said it will be her or someone in her position. Freerks wanted to clarify per the report from Maas that Rodeo must be used. Maas said it would. She said they would have hoped to have started this spring, but they will begin as soon as they possibly can. Theobald said she has been hearing a lot about RoundUp resistant weeds and wanted to know if a test plot would be done before they spray the whole area. Maas explained that not only will they be spaying but also tilling in order to plant other things there to compete with the canary grass. She said the canary grass will never be eradicated from this site. She said the goal of this project is to reduce the impact and size of the canary grass. Freerks said with not removing the soil, Maas will be able to use a targeted approach. Freerks closed public hearing. Thomas moved to recommend approval of REZ13- 00018, a request to amend the Planning and Zoning Commission July 18, 2013 - Formal Page 9 of 13 Sensitive Areas Ordinance for approximately 7.13 acres of land located at Mormon Trek Boulevard and Dane Road SE subject to the applicant funding and escrow account to assure completion of the proposed wetland mitigation improvements. With the commencement of the mitigation plan and the establishment of an escrow, other development with the subdivision would be allowed to proceed. Eastham seconded. Freerks said she thinks this is a better plan, and she's glad to see that it will be started soon; she thinks that could be a beautiful spot out there some day. Eastham said he is intrigued with this method instead of scraping and removing topsoil. He said his only concerns have been that the work is actually done and followed through so that eventually there are mostly non - invasive species at that site. Thomas said it sounds like a much better approach and the devil will be in the monitoring. A vote was taken and the motion carried 7 -0. Zoning Code Amendments: Discussion of amendments to the Title 14: Zoning Code, to broaden the uses allowed in the Intensive Commercial (CI -1) Zone based on recommendations from an ad hoc commercial zoning committee appointed by the City Manager. Howard said that last fall a committee of private citizens was appointed by the City Manager to work with City staff to examine the zoning regulations in several of the city's commercial zoning districts due to some concerns that had been expressed by the business community. Howard thanked the members of the committee: Casey Cook from Cook Appraisal Services; Jeff Edberg from Lepic Kroeger Realtors; Anne Freerks as a representative of the Planning and Zoning Commission; Glenn Siders from Southgate Development Services; Peggy Slaughter, Midwest America Commercial Realty; and Joe Younker, Bradley and Riley Law Office. Howard said the task for this committee was to discuss the issues and identify any potential solutions regarding Iowa City's commercial zoning designations. She said there has always been some confusion about the Community Commercial (CC -2) and Intensive Commercial (CI- 1) zones. She explained that there is quite a bit of overlap in these two zones. She said that areas change and unless there's an impetus to change, zoning remains the same although it might be more appropriate to change. She said the committee decided to focus on these two zones. Howard said the committee agreed that one of the main issues is that property that has prime retail frontage on a high traffic arterial street should probably be zoned CC -2 rather than CI -1 and that a number of properties, particularly along Highway 1 West should be rezoned to CC -2. Howard said another finding was that property not having suitable visibility, access and traffic count is probably more suited to CI -1. She said the majority of the committee agreed that opening up possibilities for additional uses in the CI -1 zone wouldn't have a significant effect on CI -1 zoned properties and that the market should decide what's appropriate for some of these uses. She said the committee agreed that allowing this broader range of uses in the CI -1 would make it incumbent upon the buyer of a property and the real estate agent to consider the ' N v � w C3 C-y —G N Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 394SM4 (EZ13 -0 :Crn FA) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 7.13 ACRES `;OF PROPERTY 1_8CATE16ou 2845 MORMON TREK BLVD IN THE INTENSIVE COMMERCIAL (CI -T;) ZONE. (REZ13- 00018) WHEREAS, the applicant, Dealer Properties IC LLC, is owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Trek Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance fro. 13- 4533); and WHEREAS, Iowa Code §484.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Outlot B, JJR DA's Addition is subject to an existing Conditional Zoning Agreement (Ordinance No. 13 -4533) that is based on a Sensitive Areas Development Plan, which includes a Wetland Seeding and Planting Plan that woulcr�be implemented by removing and replacing 12" to 18" of topsoil from the mitigation site and seeding according to the plan; and WHEREAS, the owner has requested that the existing Conditional Zoning Agreement (Ordinance No 13- 4533) be repealed and replaced with a new, Conditional Zoning Agreement; and WHEREAS, the new Conditional Zoning Agreement would change the method of establishing the compensatory wetland; instead of removing and replacing the topsoil, the mitigation would be implemented by retaining the existing topsoil and eradicating the invasive species by mowing and spraying with chemicals before planting a mix of native wetland seedlings as prescribe in the Alternative Wetland Mitigation Restoration Plan, which is described in detail in a letter dated JJuly 10, 2013 from Transition Ecology LLC. Other relevant conditions from the existing conditional zonin agreement are included in the new conditional zoning agreement attached hereto; and WHEREAS, the Planning and Zoning Commission hareviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided thdt the,applicant meets conditions to implement the prescribed compensatory wetland mitigation and to establish an escrow account to ensure its timely implementation; and WHEREAS, the owner and applicant has agreed at the property shall be developed in accordance with the rezoning and the terms and conditions of the Coitional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY T-AE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: it SECTION I APPROVAL. The property described below is hereby rezoned and subject to the Conditional Zoning Agreement attached hereto and incorporhted herein: Lot 2 and Outlot B, JJR Davis Adpition, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page/39, in the records of the Johnson County Recorder's Office. SECTION II. ZONING MAP. The buil map of the City of Iowa City, Iowa, to c publication of the ordinance as approved SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to ig official is hereby authorized and directed to change the zoning form to this amendment upon the final passage, approval and law. sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the .Ordinance No. Page 2 Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of tl�e 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 EFFEC TIVE DATE. This Ordinance shall be iri effect after its final passage, approval and publication, as pfovided by law. Passed and apprpved this day of 2013. .i ATTEST: `� o CITY CLERK O c7 D..R C= ` Approved by ` `,�, •... n—c tv City Attorney's Office 3> w r- .i Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00018) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Dealer Properties IC LLC (hereinafter " wner "). C WHEREAS, the applicant, Dealer Properties IC LL( owner of certain real estate in the Intensive Commercial (CI -1) Zone located at 2845 Mormon Tr4k Boulevard, which contains an outlot that is designated as a compensatory wetland mitigation site, the implementation of which is required pursuant to a conditional zoning agreement (Ordinance No. 13- 4533); and WHEREAS, the Owner has requested the rezoning of said property to replace the previous Conditional Zoning Agreement (Ordinance No. 13 -4533) with a new Conditional Zoning Agreement in order to use an alternative method to establish the compensatory wetland on the subject property; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission recommended approval of the rezoning subject to the establishment of an escrow account to ensure installation of mitigation improvements over time; and WHEREAS, the Owner ac*knowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of enVironmentallj - sensitive areas; and WHEREAS, the Owner agrees f9 develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of mutual promises contained herein, the parties agree as follows: I 1. Dealer Properties IC LLC is the legol tittle holder of the property legally described as: Lot 2 and Outlot B, JJR Davis Addition, to a City, Iowa, in accordance with the plat thereof recorded in Plat Book 55, at Page 39, ine records of the Johnson County Recorder's Office. 2. The Owner acknowledges that the City wishe� to ensure conformance to the principles of the Comprehensive Plan and the South``�est District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) pfovides that the City of Iowa City may impose reasonable conditions on granting an ;1 plicant's rezoning request, over and above the existing regulations, in order to satisfy �wblic needs caused by the requested change. \ 3. In consideration of the City's rezoning the subjdrt property, Owner a tees that development of the subject property will conform to all other requirements of zoning chapter, as well as the following conditions: o fir) it a. The improvements shown on the "Wetland Seeding and Planttl�" d 12/11//12 with a revised date of 6/25/13 (attached hereto), and as ar,.q&rtlf in m detail in a letter dated July 10, 2013 from Transition Ecology LLC, en "Piternail Wetland Mitigation Restoration Plan" (attached hereto) shall be 2ed3nd 10 ::�;; :. � w r ppdadm /agUrez13 -00018 cza final.doc escrow account established as described in paragraph b, below, prior to any development activity being permitted on Lot 2 of the D & D Billion Addition; b. Owner will fund an escrow account in the amount of $76,560 (the estimated cost of implementation of the "Alternative Wetland Mitigation Restoration Plan" plus 10 %) to ensure that the restoration plan is carried out to completion. Escrow to be released upon verification by the US Army Corp of Engineers that the "Wetland Seeding and Planting Plan," has been satisfactorily implemented; and c. Existing and proposed light fixtures on Lot P of the D & D Billion Addition that are located wfthin 300 feet of residentially - zoned' property, whether located within a City or County zoning district, will be mounted no more than 25 feet above grade prior to the establishment of the additional vehicle display area proposed on Lot 2 of the D & D Billion Addition. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), 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 to 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 acknowledges 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 Applicant's expense. Dated this day of 12013 0 CITY OF IOWA CITY Dealer Properties IC, LLC o 4, C— Matthew Hayek, Mayor By: �- rn w Attest: CA ppdadm 1agUrez13 -00018 cza final.doc 2 4"n M 0 Marian K. Karr, City Clerk Approved by 6 City Attorney's O ice CITY OF IOWA CITY ACKNOWLEDGEMENT: 1 STATE OF IOWA ) ss: JOHNSON COUNTY ) 0 n C'")-6 < _ rn ism N 0 c:a C_ r N Ss 3 w crt wmpv� p M 0 This instrument was acknowledged before me on , 2013 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) ,' On this day of 201ak before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that the person is (title) of and that said`instrument was signed on behalf of the said limited liability company by authority,-of its managers and the said acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: ppdadm /agt/rez13 -00018 cza final.doc 3 2M Yi RR $m n9 ns IJ j tl V E . > a a 3 S — a m a � a F F r 3 I I IR ' W�, I d a, fi Ff �yg l \ D fit, 'I g m$m .��° oL p3N�N mm R.g Ro a$a X93 m z o .g9og° �mz hq- O u� a si ;oF Z ag- 8ij jj,kV F% v9%gaak, v s 4 lu x -------------------------- m7 i Hl FIII`', SI L Ems g- z Y k \ � ty m , sz < r' .- % , 0 -1 \ O- = m D L ^^ m_ lJ;u Z < 0 fp f9� D z C/) —� yz 4 $ F TTTT B4 A� � n 9 y d a, fi Ff �yg l \ D fit, 'I g m$m .��° oL p3N�N mm R.g Ro a$a X93 m z o .g9og° �mz hq- O u� a si ;oF Z ag- 8ij jj,kV F% v9%gaak, v s 4 lu x -------------------------- m7 i Hl FIII`', SI L Ems g- z Y k \ � ty m , sz < r' .- % , 0 -1 \ O- = m D L ^^ m_ lJ;u Z < 0 fp f9� D z C/) —� yz z S F rr B4 A� � n 9 d a, fi Ff �yg l \ D fit, 'I g m$m .��° oL p3N�N mm R.g Ro a$a X93 m z o .g9og° �mz hq- O u� a si ;oF Z ag- 8ij jj,kV F% v9%gaak, v s 4 lu x -------------------------- m7 i Hl FIII`', SI L Ems g- z Y k \ � ty m , sz < r' .- % , 0 -1 \ O- = m D L ^^ m_ lJ;u Z < 0 fp f9� D z C/) —� yz Icy C y k a 8 d,a : ° d ] P F o DZD R 0� Zz a� Z O i z a �v N Y zz l V Icy C y k a 8 d,a : ° d ] P F o DZD R 0� Zz a� Z O i z a �v N Y zz 4b Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240, 319 - 356 -5240 (REZ13- 00016) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.12 ACRES OF PROPERTY, LOCATED SOUTH OF ROCHESTER AVENUE ON THE EAST SIDE OF EASTBURY DRIVE, FROM COMMUNITY COMMERCIAL (CC -2) TO MIXED USE (MU). (REZ13- 00016) WHEREAS, the applicant, Larry E. Bell, has requested a rezoning of property located south of Rochester Avenue on the east side of Eastbury Drive from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Comprehensive Plan indicates that the subject property is appropriate for a mixed use neighborhood commercial center; 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 adherence to the submitted site plan and approval by the Design Review Committee; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the 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 CC -2 to MU: LEGAL DESCRIPTIO Beginning at the Southeast corner of Lot 46, Old Towne Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in the Records of the Johnson County Recorder's Office; thence S89 °39'39 "W, along the south line of said Lot 46, a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 780.00 foot radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the southwest corner thereof; thence N57 °01'51 "W, along the west line of said Lot 46, a distance of 23.79 feet, thence N15 °03'15 "W, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 feet; thence N29 °56'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner thereof; thence N74 °56'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15 °03'15 "E, 125.46 feet, to a point on the east line of said Lot 47; thence S00 °22'52 "E, along said east line, and the east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres, 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 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. Ordinance No. Page 2 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 , 2013. MAYOR ATTEST: CITY CLERK Approved by rl� City Attorney's Office RT� Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 8/6/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens. NAYS: Throgmorton. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ13- 00016) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Larry E. Bell (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately 1.12 acres of property located on Eastbury Drive; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding general conformance with the submitted site plan and review and approval by the Design Review; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan, the need for approval of the submitted site plan by the Design Review committee and adherence to the site plan; 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. Larry Bell is the legal title holder of the property legally described as Beginning at the Southeast corner of Lot 46, Old Towne Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in the Records of the Johnson County Recorder's Office; thence S89 °39'39 "W, along the south line of said Lot 46, a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 780.00 foot radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the southwest corner thereof; thence N57 °01'51 "W, along the west line of said Lot 46, a distance of 23.79 feet; thence N15 °03'15 "W, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 feet; thence N29 056'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner thereof; thence N74 °56'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15 003'15 "E, 125.46 feet, to a point on the east line of said Lot 47; thence S00 °22'52 "E, along said east line, and the east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres, 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 Northeast District plan. Further, the parties ppdadm /agt/rez13 -00016 cza draft.doc acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's 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 agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. General adherence to the submitted site plan attached here to and by reference made part of this agreement. b. Approval of the building design by the Design Review committee. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), 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 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. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 2013. CITY OF IOWA CITY Applicant By. 1✓ Matthe%Hayek, Mayor By: Attest: ppdadmlagUrez13 -00016 cza draft.doc 2 Marian K. Karr, City Clerk Approved by: 4aA 0 &Y� �"2 2 z ", - tvAttorney's Office 7//5-//3 CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2013 by Matthew,,Hayek IT and Marian K. Karr 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) INDIVIDUAL ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 5 day of 20 �, before me, the undersigned, a Not a Public in and for said County, in sad State, personally appeared LLt o—r L = _ 0-1c Ii � )K % , to me known to be the identical persons named in and._ ho exebyfed the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as (his /her /their) voluntary act and deed. 14r?Es r KELLIE K. TUTTLE commission Number 221819 My Co missi n Expires ppdadm /agt /rez13 -00016 cza draft. doc Notary Public in and for the State of Iowa My commission expires: z z } H wa��a znd ¢ a � 5° w VmJ �nry N N 0 N �a J O U E J ..9 Q W U 2 m3= J W W U 00 W am0Z� a W � W m w Z X0 3 a °N o5N 3 S W U z \_ a ry C x Z moo W Q o a U� �w dS W OZ Z NCO m z0N r`rn 3O}- w J N O a N w S 2 O F Vm dUVjU U O a m VmJ �nry N C U E J ..9 � n m F m m FO r �i zU > = W} OC7 dS o r`rn 3O}- S 2 LU F Vm M c N �-• • Q 7 J LL m �Y m Y r ° rnQ a� gn W F Z�w �z Z 3 E U ao� U0 O �M 6 �r S O �ozx 3:_ U) oo U oo o (s o W N U a� U Z p p p H w v LL1 N � N Q z° I I o�ry.�0 r / boa STAFF REPORT To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: REZ13 -00016 Olde Towne Village Date: June 20, 2013 GENERAL INFORMATION: Applicant: Larry Bell 10 Greenview Court West Branch, Iowa 52358 319 - 331 -6187 belllarry@gmail.com Contact Persons: Kelly Beckler MMS Consultants 1917 S. Gilbert Street Iowa City, Iowa 52240 351 -8282 Requested Action: Rezoning from CC -2 and CO -1 to MU Purpose: Development of two buildings with 18 live /work units with ground floor space that could be used for commercial uses. Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Olde Towne Village: East of Eastbury Drive, south of Westbury Drive and north of Middlebury Road 1.17 acres Undeveloped, CC -2 and CO -1 (1.12 acres of the subject property is zoned CC -2, and .05 acres at the southeast corner is zoned CO -1) North: commercial (CC -2) South: residential (OPD -8) East: commercial (CO -1) West: undeveloped (CC -2) Neighborhood Commercial May 30, 2013 July 15, 2013 The applicant, Larry Bell, has proposed rezoning approximately 1. 17 acres of land located south of Rochester Avenue on the east side of Eastbury Drive from Community Commercial (CC -2) and Commercial Office (CO -1) to Mixed Use (MU). The majority of the subject property (1.12 acres) is zoned CC -2 while a small portion at the southeast corner (.05 acres) is zoned CO -1. The applicant has submitted a concept plan with the application showing two buildings featuring first floor retail or office space that could alternatively be used for residential purposes with bedrooms 2 on the second floor (8 units in the building to the north and 10 units in the building to the south). The portion of the subject property currently zoned CC -2 was part of a fairly large -scale annexation in 2001 and conditionally zoned to CC -2. The portion of the property zoned CO -1 had already had an established use, a nursing home, at the time of the annexation. The Conditional Zoning Agreement requires that future plats and plans for the site demonstrate compliance with the neighborhood design policies contained in the Comprehensive Plan and Northeast District Plan. The CZA also requires that development of the CC -2 zoned property adhere to the concept plan submitted at the time of the rezoning and annexation request— a pedestrian- oriented Main Street/Town Square -style development with commercial uses on the first floor and residential above, and on- street parking or parking behind the buildings. The subject property was platted in 2005, as part of the Olde Towne Village subdivision, but has remained undeveloped. The applicant has indicated that they have used the "Good Neighbor Policy" and have had discussions with neighboring property owners. ANALYSIS Current Zoning: CC -2 zoning allows for major business districts that serve a significant segment of the entire population and typically features a number of large traffic - generating uses requiring access from major thoroughfares. CC -2 zoning permits most retail -type stores, restaurants and services such as hair salons, dry cleaners and banks. CO -1 zoning provides space for office functions, compatible businesses, apartments and certain public uses. CO -1 zoning can serve as a buffer between residential and more intensive commercial or industrial areas. In this case, a small area of CO -1 zoning is being included in the application to square up the east property line to make the property more functional. (The applicant has requested that the CO -1 portion of the request be deferred while negotiations are conducted with the adjacent property owner.) Residential uses are limited to multi - family units in CC -2 and CO -1 zoning. CC -2 zoning allows multi - family units by Special Exception. CO -1 zoning allows multi - family uses provisionally. Both zones only allow multi - family uses above the street -level floor of a building and require a minimum lot area per unit of 2,725 square feet. Proposed Zoning: MU zoning provides for a transition from commercial and employment centers to less- intensive residential uses. MU zoning allows for a mix of uses, such as smaller -scale retail, office and a variety of residential uses. MU zoning permits single - family detached and multi - family units, and provisionally allows duplex and townhouse units. MU zoning requires a minimum area per unit of 2,725 square feet for multi - family units (allowing 18 units on the subject property). The MU zone does require that the ground floor of new buildings be built to meet commercial building codes, but allows either commercial or residential use of the first floor. Essentially the proposed MU zone will provide more flexibility in the location of residential uses on the property by making residential possible on the first floor. Compliance with Comprehensive Plan: The Northeast District Plan depicts the subject property as appropriate for Neighborhood Commercial uses. The Plan includes the subject property as part of a neighborhood commercial center in the northwest portion of the Lindemann Hills Neighborhood sub -area near the Scott Boulevard- Rochester Avenue intersection. The Plan recommends that the commercial center be pedestrian- oriented, provide goods and services —such as office space or retail shops —for nearby residents, and be compatible with surrounding uses. The Plan supports commercial buildings with residential use on the upper floor, or townhouses and small -scale apartment buildings near commercial areas, to ensure the availability of a variety of housing types near the commercial center. PCD \Staff Reports \rez13 -00016 old towne staff report draft. doc 3 In staff's opinion the proposed mixed use zone complies with the vision for a mixed use center at the intersection of Scott Boulevard and Rochester Avenue. The plan also conforms with the provisions of the previous Conditional Zoning Agreement. Compatibility with neighborhood: The land to the west has not yet been developed, although the concept plans tied to the Conditional Zoning Agreement shows commercial development on that property. Medium - density residential uses are located to the south. To the north are low - intensity commercial uses. A nursing home is located to the east. MU zoning would allow for less- intensive commercial uses, and uses that generate less traffic, than those allowed in CC -2 zoning. The office uses proposed by the applicant and permitted in the MU zone could act as an acceptable buffer between commercial and residential uses. The proposed residential uses would be either the first or the second story, but also ensure that the intensity of uses on the first floor would be compatible with residential areas to the south and east. In addition, the Zoning Code requires that all development in the MU zone undergo a Site Plan Review, which is intended to ensure compatibility of residential and commercial uses, and that building scale and design allow these buildings to be used for variety of uses over time. The concept plans for the site and buildings submitted by the applicant generally meet the site development standards for the MU zone. Staff recommends that the rezoning be conditioned upon general compliance with the attached plans, with the final detailed plans to be approved by the Staff Design Review Committee. It should be noted that if the applicant does not reach agreement with the owner of the Iowa City Care Center to trade the triangular piece of property in the southeast corner, 4 to 6 garage parking spaces would need to be removed from the plan. Staff would consider this to still be in general compliance with the plan. Access and street design: The concept plan submitted by the applicant shows parking in front of (on Eastbury Drive) and behind the proposed buildings, along with garages to the rear of the buildings. Vehicular access to the rear parking lots would be provided by Westbury Drive to the north and Middlebury Road to the south. The concept plan shows sidewalks on all sides of the proposed buildings, and appears to be pedestrian oriented in the manner envisioned by the Northeast District Plan and CZA attached to the property. STAFF RECOMMENDATION: Staff recommends approval of REZ13- 00016, a proposal to rezone approximately 1.12 acres of property located south of Rochester Avenue on the east side of Eastbury Drive from CC -2 to MU subject to a Conditional Zoning Agreement specifying general compliance with the concept plan and elevation drawings and Staff Design Review approval of the final building design. Per the applicant's request, staff recommends that the rezoning of .05 acres from CO -1 to MU be deferred. ATTACHMENTS: 1. Location Map 2. Applicant's Statement 3. Concept Plan 4. Elevation Drawings Approved by:. Robert Miklo, Senior Planner, Department of Planning and Community Development PCD \Staff Reports \rez13 -00016 old towns staff report draft doc O 0 w� v I r l W O O O N W cd 421 1S3AdVH ,- / N / o Ln w LU LO cn IQ Z M \� - J LLI ;,. is is8nHWd �� Applicant's statement why zoning from CC -2 to MU is appropriate on lots 46 and 47 Olde Towne Village, Iowa, City The subject lots are on the farthest east side of this subdivision. The subdivision and these two lots back up to the Iowa City Care center on the east, and to the south are residential town homes. This center was first developed in 2005: 8 -years ago. It has been very slow to develop and there remain 7 lots of commercial land that remain undeveloped. The undeveloped land cause a blight on the area for residents and businesses as well as a financial hard ship for the lot owners. This development would do several positive things for the area. First, it would be a catalyst for future development. It will bring new life to the area and be a back drop on the east side for future development in the center lots. It will also provide screening for the aging Iowa City Care Center. Second, it will offer a unique opportunity to Iowa City residents. For the first time there will be townhomes built with the possibility of true live /work situations. There could be insurance agents, artists, weavers, book binders, and other small business owners that could offer their businesses on the first floor and live on the second floor. This live work arrangement is how old cities grew with the shop keeper living over the shop and will help realize the dream of Olde Towne Village in the truest sense! Third, this parcel will become immediately productive with regard to area retail synergy for the area businesses and property taxes for the schools and the City. This project is not speculative, but it is pre -sold. When we move ahead with the design of the building being true to the surrounding homes and business properties, we will have a new owner and immediate impact from this development. It will change from being a burden to the current owner and the City to being a vibrant and productive part of the east side landscape. The MU zoning is unique in that it offers a bridge between existing medium - density residential uses and the existing and new commercial uses. 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Freerks said if the kitchen were upstairs it would seem more like the old model of work/live. Edberg said it's rare to find a place where there are businesses on the first floor and living units above them where the access is common. He says what people want is to just walk upstairs to go home. Martin said The Mansion is an example of a building where the business was on the main floor and living quarters were on the two floors above, and the kitchen was, and still is on the main floor. Freerks asked if Edberg is planning to sell these in advance. Edberg said the entire building had been sold in advance to an investment group. Freerks asked if someone could purchase these beforehand and not have the amenities the way they are planned. Edberg said if someone had a compatible use, they could figure out how to do it. He said this is a chance to jumpstart Olde Towne Village and get it going. Thomas said he thought this plan would help frame the east edge and help define it as commercial. Freerks closed public hearing. Miklo said in terms of the parking issue, he did a count and if the trade doesn't go through between the nursing home and the adjacent property owner there will be thirty -six or thirty - seven spaces, which is what's required for the residential, so there's not much room to add green space unless this swap is successful. Eastham moved to recommend approval of REZ13- 00016, an application submitted by Larry Bell for a rezoning from Community Commercial (CC -2) to Mixed Use (MU) for 1.12 - acres of land located on Eastbury Drive north of Middlebury Road and to defer the applicant's request to rezone the portion of this parcel currently zoned Commercial Office (CO -1) to Mixed Use (MU) indefinitely. Martin seconded. Thomas said he supports this as a residential project but he feels that the site plan has more of a commercial feel to it, which somewhat detracts from its appeal as a residential development. He pointed out that there is right - angled parking along Eastbury Drive, which means that the cars and their headlights will be heading into the residences and will also be covering two feet of the sidewalk with the front of the automobile. He said if the parking were parallel on the west side of the street that would make it more pedestrian friendly and provide a continuous frontage for street trees. He said all of the aforementioned factors would have even more of an effect because the fronts of the residences are at grade. He also said that as a resident, he would not want public access between the buildings. Freerks said she saw what Thomas referred to as public access as a common area with perhaps benches and a fountain as people might be waiting for an appointment. Thomas said that is true if there is commercial activity, but he's inclined to think this will be primarily Planning and Zoning Commission June 20, 2013 - Formal Page 5 of 8 residential. Freerks said she understands the points Thomas has made, but sees this idea as a nice possibility. She said this is something they have wanted to see tried in the community, and she's willing to give someone the chance to attempt to make it happen. She says she thinks these spaces could be used for businesses. She says she believes this could be a catalyst for growth, and she sees that as needing to happen out in that direction. Martin said she thinks the market will dictate how these are going to be used, but that the possibility to have live /work space is good option. Thomas reiterated that the primary use will be residential and with that in mind, how will the site plan benefit that use. Miklo clarified that there is no walkway between the buildings. He said there are twenty -five angled parking spaces, and you could probably get twelve or thirteen if they were changed to parallel. He said the project would still exceed its parking requirement for what's on the site. Greenwood Hektoen said if they changed those parking spaces to parallel, they would still be general compliance with the concept plan, which is one of the conditions in staff's recommendation. Thomas said he's been out to that area, and he's not feeling that the purported village - pedestrian orientation is happening. He said he feels that all the buildings are destination retail commercial, and he feels that Iowa City needs better neighborhood commercial. He said he thinks the term pedestrian- oriented needs to be better defined. Eastham said based on personal experience, he believes there may be a wider range of commercial uses for these units than previously listed, most notably alternative health care. He said he thinks the change in the parking is a good idea. He said raising the units from grade level makes their accessibility more difficult. Thomas said his idea was that if you wanted a flush entry, which has an advantage if you're serving a public use, it would be mitigated by moving the sidewalk and the parking further away, so the setback would provide compensation for the fact that the units are at grade. There was discussion amongst the Commission whether or not they wanted to make a change to parallel parking a condition of their approval. Swygard voiced her reservations about having headlights directed toward the units at night with angled parking if it is strictly residential. She said she also thinks that residents may well park in front rather than going around to the back. The Commission ultimately decided not to make this a condition but hoped that their comments would be heard by the property owner and changes will be made. Freerks said she thinks this complies with the Comprehensive Plan and can be successful and would like to see more mixed use live /work in the community. A vote was taken and the motion carried 6 -0. Code Amendment Item: Discussion of an application submitted by Mike Hartley for an amendment to Title 14 Zoning Code to allow a non - conforming use that has been destroyed to more than 75% percent of its value to be rebuilt. WHEREAS, the applicant, Larry E. Bell, has requested a rezoning of property located south of Rochester Avenue on the east side of Eastbury Drive from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Comprehensive Plan indicates that th subject property is appropriate for a mixed use neighborhood commercial center; and WHEREAS, the Planning and Zoning Commission ha the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pros ided that it meets conditions addressing the need for adherence to the sub fitted site plan and approval by t e Design Review Committee; and WHEREAS, Iowa Code § 14.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an app nt's rezoning request, over and above existing regulations, in order to satisfy public needs caused by th equested change; and <' WHEREAS, the applicant has a reed that the property shall be developed in accordance with the terms and conditions of the Conditional Zon g Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAI ED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the nditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby recla sified from its current zoning designation of CC -2 to MU: Beginning at the Southeast corner of Lot 46, Old Town Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in th Rqcords of the Johnson County Recorder's Office; thence S89 °39'39 "W, along the south line of said L t 4 a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 7 0.00 f of radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the south st corn thereof; thence N57 °01'51 "W, along the west line of said Lot 46, a distance of 23.79 feet; thence 5 °03'15" V1�, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 fe t; thence N2W56'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner the eof, thence N7�o%'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15 °03'15' E, 125.46 feet, to "a point on the east line of said Lot 47, thence S00 °22'52 "E, along said east line, and th east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres and subject to easerrelnts and restrictions of record. SECTION II. ZONING MAP. The building fficial is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to con, m to this amendment upon the final passage, approval and publication of the ordinance as approved by I w. SECTION III. CONDITIONAL ZONIN AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner 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. N C7 O tai Tyr r... Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 -32-40 (SP3- 0rl-R) ORDINANCE NO. ern 3 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.12 ACRE OF OPERTY, LOCATED SOUTH OF ROCHESTER AVENUE ON THE EAST SIDE OF EASTBURY DWE, FROM COMMUNITY COMMERCIAL (CC -2) TO MIXED USE (MU). (REZ13- 00016) WHEREAS, the applicant, Larry E. Bell, has requested a rezoning of property located south of Rochester Avenue on the east side of Eastbury Drive from Community Commercial (CC -2) to Mixed Use (MU); and WHEREAS, the Comprehensive Plan indicates that th subject property is appropriate for a mixed use neighborhood commercial center; and WHEREAS, the Planning and Zoning Commission ha the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pros ided that it meets conditions addressing the need for adherence to the sub fitted site plan and approval by t e Design Review Committee; and WHEREAS, Iowa Code § 14.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an app nt's rezoning request, over and above existing regulations, in order to satisfy public needs caused by th equested change; and <' WHEREAS, the applicant has a reed that the property shall be developed in accordance with the terms and conditions of the Conditional Zon g Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAI ED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the nditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby recla sified from its current zoning designation of CC -2 to MU: Beginning at the Southeast corner of Lot 46, Old Town Village, Iowa City, Iowa, in accordance with the Plat thereof recorded in Plat Book 49, at Page 321, in th Rqcords of the Johnson County Recorder's Office; thence S89 °39'39 "W, along the south line of said L t 4 a distance of 2.39 feet; thence southwesterly, 110.00 feet, along said south line, and an arc of a 7 0.00 f of radius curve, concave southeasterly, whose 109.91 foot chord bears S85 °37'14 "W, to the south st corn thereof; thence N57 °01'51 "W, along the west line of said Lot 46, a distance of 23.79 feet; thence 5 °03'15" V1�, along said west line of Lot 46, and the west line of Lot 47 of said Old Towne Village, 260.54 fe t; thence N2W56'45 "E, along said west line of Lot 47, a distance of 22.63 feet, to the northwest corner the eof, thence N7�o%'45 "E, along the north line of said Lot 47, a distance of 159.91 feet; thence S15 °03'15' E, 125.46 feet, to "a point on the east line of said Lot 47, thence S00 °22'52 "E, along said east line, and th east line of said Lot 46, a distance of 182.41 feet, to said Point of Beginning, containing 1.12 acres and subject to easerrelnts and restrictions of record. SECTION II. ZONING MAP. The building fficial is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to con, m to this amendment upon the final passage, approval and publication of the ordinance as approved by I w. SECTION III. CONDITIONAL ZONIN AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner 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. Ordinance No. Page 2 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. 2013. �s 0 O' w' t... C')—< orn m w 0a Jo ¢ w U O U J 6] 3 I aJw wz a m y z ¢ = Q ��owm Z < Z U w oaNO3 XO g w a a_ _ JX Z U ��oo W Q 3¢ °U 0 3 n U� CzW O ? w w Z alnm� wz� Ugym n ia+ �4+ 'o o K U't S 0 W X U) 0- oa r, a t� f `lt U Z o F W S <xQ w N J U f.� N K N J a rn o p w o C.0 of c}i> o4)0(DC) -E-` C Q A7 -.q r_ C-) -< Cl) � rn 3M. m r000m I W I ` I Q¢I Mr. -M... lis I � 1 1 1 cZiE u� m o"Du w LLJ LL U Nb-- o � CL J awF O m g m 3�z N >pm ❑u El- o U rn� K ¢ n LLB � Z u } Z C./) tz Y O Y k o g� E U a 0�� U O O � � M > O Z ~ W d aZa U O o k w 3 h2a F oo Q. U ��?� ��L Mi 0a Jo ¢ w U O U J 6] 3 I aJw wz a m y z ¢ = Q ��owm Z < Z U w oaNO3 XO g w a a_ _ JX Z U ��oo W Q 3¢ °U 0 3 n U� CzW O ? w w Z alnm� wz� Ugym n ia+ �4+ 'o o K U't S 0 W X U) 0- oa r, a t� f `lt U Z o F W S <xQ w N J U f.� N K N J a rn o p w o C.0 of c}i> o4)0(DC) -E-` C Q A7 -.q r_ C-) -< Cl) � rn 3M. m r000m I W I ` I Q¢I Mr. -M... lis I � 1 1 1 4c Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING CODE TO ALLOW THE BOARD OF ADJUSTMENT TO GRANT A SPECIAL EXCEPTION FOR A NON - CONFORMING USE OR OTHER UNPERMITTED USE THAT HAS BEEN IN EXISTENCE FOR OVER 25 YEARS TO BE REBUILT UNDER CERTAIN CONDITIONS, EVEN IT IS DESTORYED OR DAMAGED TO MORE THAN 75% OF ITS ASSESSED VALUE. WHEREAS, the Zoning Code currently allows a nonconforming use that is damaged by fire, explosion, act of God or by a public enemy to less than 75% of the assessed value to be rebuilt, however, if damaged or destroyed to 75% or more, the nonconforming use may not be re- established and the property must revert to a conforming use; and WHEREAS, in certain other situations, the Zoning Code allows the Board of Adjustment to provide some relief to the strict application of the nonconforming use provisions in acknowledgement that not every nonconforming or unpermitted use is incompatible with the surrounding land uses or neighborhood and in some cases may even be viewed as an asset to the neighborhood; and WHEREAS, since previously unpermitted uses that have been in existence for more than 25 years will have established a track record regarding compatibility or incompatibility with the surrounding uses and neighborhood, and therefore should be given an opportunity to be rebuilt, similar to nonconforming uses as noted above; and WHEREAS, it is in the best interests of the City to provide an opportunity for applicants to bring their individual case before the Board of Adjustment for a public hearing if they wish to restore a nonconforming use or other unpermitted uses that have been damaged or destroyed by fire, explosion or act of God or by a public enemy to 75% or more of its assessed value, where each case can be judged on its own merits and the public will have an opportunity to provide input; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE FT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete subsection 14- 4E -5E, Damage and Destruction, and substitute in lieu thereof: E. Damage or Destruction Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot upon which is located a structure for a nonconforming use, or other unpermitted use, that has been previously established and in existence for over twenty -five (25) years that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use, unless a special exception is granted by the Board of Adjustment according to the provisions of paragraph 4, below. The provisions for a special exception as outlined in paragraph 4 below shall not apply or be available to a nonconforming or illegal residential occupancy. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. 4. The Board of Adjustment may grant a special exception for uses detailed in paragraph 2 above provided the following conditions are met: Ordinance No. Page 2 a. An application for the special exception to restore the use must be filed with the City within one year of the date the structure was destroyed or damaged; and b. The restored structure for the use may be redesigned or located on the property in order to increase the compatibility with surrounding uses, but neither the structure nor use may be enlarged beyond what existed before such damage or destruction occurred; and c. Prior to the damage or destruction, the intensity of the use and the activities, operations, buildings and other aspects of the use were generally compatible with the surrounding neighborhood; and d. The proposal for the restored use will be equally or more compatible with the surrounding neighborhood as was the use porior to the damage or destruction. The Board of Adjustment may consider such factors as traffic generation, parking, hours of operation, noise, dust, aesthetics, screening, amount of customer traffic; number of employees , residents, or occupants of a building or business; and any other factors that relate to the compatibility of the nonconforming or previously established use with the surrounding neighborhood and uses; and e. Once restored /rebuilt, the nonconforming or previously established unpermitted use will retain or be conferred nonconforming status. The Board of Adjustment may impose additional conditions such that the conference of non - conforming status is limited. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. ATTEST: MAYOR Ap roved by: 7 City Attorney's Office 7� /q //3 CITY CLERK Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 8/6/2013 that the Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published City of Iowa City MEMORANDUM Date: June 14, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Damage or destruction of Nonconforming Uses Background The City has received an application from Mike Hartley requesting an amendment to the Zoning Code to allow a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75% or more of the assessed value of the structure to be restored for the same nonconforming use as existed prior to the damage or destruction. The impetus for this amendment was a fire that destroyed the Hartley's family business, a dental lab, located at 1515 Jackson Avenue. The property is located in a single family neighborhood and the Hartley's have operated a business in this location for over 25 years. The building that was destroyed by fire was originally constructed as a commercial building and was used for commercial purposes for decades prior to the Hartley's use of the building, so was a grandfathered use. The zoning code allows a nonconforming use that is damaged to less than 75% of the assessed value to be rebuilt. However, if damaged or destroyed to 75% or more, the nonconforming use may not be re- established and the property must revert to a conforming use. Analysis The Zoning Code already allows some flexibility in the regulation of nonconforming uses in acknowledgement that not all nonconforming uses are incompatible with the surrounding uses or neighborhood and in some cases may even be viewed as an asset to the neighborhood. For example, a structure that was originally built for a use not currently allowed in the zone may be converted to another nonconforming use that is equally or less intense with approval of the Board of Adjustment. Similarly, staff finds that the Hartley's request is a reasonable accommodation for nonconforming uses to be re- established if destroyed by fire or other disaster, provided that such a request is reviewed and approved through a public hearing process before the Board of Adjustment. The special exception process would require evidence to be presented that the use has a track record of being compatible with the neighborhood and would also provide an opportunity for the public to provide input regarding whether the use should be allowed to be re- established. Establishment of such a process will both allow the possibility to restore a use that was lost due to unforeseen and often tragic circumstances balanced with the opportunity for public input on a use that is nonconforming. Recommendation Staff recommends amending the Zoning Code as indicated on the following page. Underlined text is new language to be added to the Code. Page 2 Amend Subsection 14 -4E -5E as follows. E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use, unless a special exception is granted by the Board of Adjustment according to the provisions of paragraph 4, below. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. 4. The Board of Adjustment may grant a special exception to allow a nonconforming use that has been destroyed or damaged by fire explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction to be restored for the same nonconforming use as existed before the damage or destruction provided the following conditions are met: a. An application for the special exception to restore the use must be filed with the City within one year of the date the structure was destroyed or damaged; and b. The restored use may be redesigned or located on the property in order to increase the compatibility with surrounding uses, but it may not be an enlargement beyond what existed before such damage or destruction occurred; and C. Previous to the damage or destruction, the intensity of the use and the activities operations buildings and other aspects of the use were generally compatible with the surrounding neighborhood; and d. The proposal for the restored use will be equally or more compatible with the surrounding neighborhood as was the use previous to the damage or destruction. The Board of Adjustment may consider such factors as traffic generation parking, hours of operation, noise, dust, aesthetics, screening, amount of customer traffic; number of employees , residents, or occupants of a building or business; and any other factors that relate to the compatibility of the nonconforming use with the surrounding neighborhood and uses; and e. Once restored /rebuilt the nonconforming use will retain its nonconformin Approved by: status. n Robert Miklo, Senior Planner Department of Planning and Community Development r 0-=: r-r� CITY OF IOWA CITY ®,�� MEMORANDUM TO: Planning and Zoning Commission FROM: Robert Miklo, Senior Planner DATE: June 20, 2013 RE: Code amendment item: further amendments to proposed application submitted by Mike Hartley to allow a non - conforming use that has been destroyed to more than 75% of its value to be rebuilt: Extension of the special exception opportunity to unpermitted uses It has come to the attention of staff that the structure owned by the Hartley's at 1515 Jackson Street and used for a dental lab since 1986 may not be considered a non - conforming use as it was never legitimized under the zoning code. In other words, the commercial structure has been utilized in the neighborhood for decades, but it appears that the Hartley's use only has been in existence since 1986. Under the 1984 zoning code, the use of the commercial structure as a dental lab (a medical use) was never allowed in a residential zone. As a result, it may not be a non - conforming use that could be eligible for a special exception under the originally proposed amendment. Thus, the code amendment before you to allow a non - conforming use that has been destroyed to more than 75% of its assessed value to be rebuilt if granted a special exception by the Board of Adjustment has been revised to make the special exception available to unpermitted uses that have been previously established and in existence for over twenty -five (25) years. Again, to allow the reconstruction of a structure and the establishment of a long- standing (25+ year), previously established unpermitted use, a property owner must obtain a special exception from the Board. Further, this amendment provides a very narrow relief valve in that the use must have been destroyed to 75% or more and, to grant a special exception, the Board must find that the proposed restored structure or use will not be expanded, must be compatible with surrounding uses, must be compatible with the surrounding neighborhood when considering intensity of the use and weighing the negative externalities associated with the use (e.g. traffic, parking, operations, noise, dust, etc.). If a special exception is granted, non - conforming use status will be granted subject to any conditions placed on the special exception by the Board. While the extension of the possibility of a special exception to reconstruct destroyed nonconforming or unpermitted uses may seem to create a method by which such uses or structure may be reestablished, I remind you of the following very narrow review standards: 1) The structure must be destroyed to over 75% of its assessed value; 2) The structure /use must have been established and in existence for 25+ years; 3) Reconstruction of the structure /use requires the grant of a special exception by the Board of Adjustment after a public process of which the neighborhood and public is notified, while considering the following: a. The structure for the use may not be enlarged beyond what previously existed; b. The intensity of the destroyed used must have been generally compatible with the surrounding neighborhood; c. The proposed use will be equally or more compatible with the surrounding neighborhood considering externalities such as traffic, employees, parking, operations, noise, dust, etc.; and d. The Board of Adjustment may make the special exception contingent on other conditions to ameliorate any externalities, make the proposed structure /use more compatible, limit intensity of the use, etc. This revised amendment is being presented for your consideration and discussion at your June 20th meeting. The highlighted text is the additional language being added to the Code (in addition to the underlined text). Staff has drafted these additional changes in an effort to adequately protect neighborhood interests. Amend Subsection 14 -4E -5E as follows: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use or other unpermitted use that has been previously established and in existence for over twenty —five (25) years that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, must revert to a conforming use, unless a special exception is granted by the Board of Adjustment according to outlined in paragraph 4 below shall not apply or be available to a nonconforming or illegal residential occupancy. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. 4. The Board of Adjustment may grant a special exception to allow a nonconforming use or other unpermitted use that has been previously established and in existence for over twenty -five (25) years that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, to be restored for the same nonconforming use as existed before the damage or destruction, provided the following conditions are met: a. An application for the special exception to restore the use must be filed with the City within one year of the date the structure was destroyed or damaged; and b. The restored structure for the use may be redesigned or located on the woperty in order to increase the compatibility with surrounding uses, but the structure or use may not be an enlargement beyond what existed before such damage or destruction occurred; and C. Previous to the damage or destruction, the intensity of the use and the activities, operations, buildings and other aspects of the use were generally compatible with the surrounding neighborhood; and d. The proposal for the restored use will be equally or more compatible with the surrounding neighborhood as was the use previous to the damage or destruction. The Board of Adjustment may consider such factors as traffic generation, parking, hours of operation, noise, dust, aesthetics, screening, amount of customer traffic; number of employees , residents, or occupants of a and uses; and e. Once restored /rebuilt the nonconforming or previously established unpermitted use will retain or be conferred nonconforming status. The Board of Adjustment may impose additional conditions such that the conference of non - conforming status is limited. Planning and Zoning Commission June 20, 2013 - Formal Page 5 of 8 residential. Freerks said she understands the points Thomas has made, but sees this idea as a nice possibility. She said this is something they have wanted to see tried in the community, and she's willing to give someone the chance to attempt to make it happen. She says she thinks these spaces could be used for businesses. She says she believes this could be a catalyst for growth, and she sees that as needing to happen out in that direction. Martin said she thinks the market will dictate how these are going to be used, but that the possibility to have live /work space is good option. Thomas reiterated that the primary use will be residential and with that in mind, how will the site plan benefit that use. Miklo clarified that there is no walkway between the buildings. He said there are twenty -five angled parking spaces, and you could probably get twelve or thirteen if they were changed to parallel. He said the project would still exceed its parking requirement for what's on the site. Greenwood Hektoen said if they changed those parking spaces to parallel, they would still be general compliance with the concept plan, which is one of the conditions in staff's recommendation. Thomas said he's been out to that area, and he's not feeling that the purported village - pedestrian orientation is happening. He said he feels that all the buildings are destination retail commercial, and he feels that Iowa City needs better neighborhood commercial. He said he thinks the term pedestrian- oriented needs to be better defined. Eastham said based on personal experience, he believes there may be a wider range of commercial uses for these units than previously listed, most notably alternative health care. He said he thinks the change in the parking is a good idea. He said raising the units from grade level makes their accessibility more difficult. Thomas said his idea was that if you wanted a flush entry, which has an advantage if you're serving a public use, it would be mitigated by moving the sidewalk and the parking further away, so the setback would provide compensation for the fact that the units are at grade. There was discussion amongst the Commission whether or not they wanted to make a change to parallel parking a condition of their approval. Swygard voiced her reservations about having headlights directed toward the units at night with angled parking if it is strictly residential. She said she also thinks that residents may well park in front rather than going around to the back. The Commission ultimately decided not to make this a condition but hoped that their comments would be heard by the property owner and changes will be made. Freerks said she thinks this complies with the Comprehensive Plan and can be successful and would like to see more mixed use live /work in the community. A vote was taken and the motion carried 6 -0. Code Amendment Item: Discussion of an application submitted by Mike Hartley for an amendment to Title 14 Zoning Code to allow a non - conforming use that has been destroyed to more than 75% percent of its value to be rebuilt. Planning and Zoning Commission June 20, 2013 - Formal Page 6 of 8 Miklo explained that the applicant had a business in a Medium Density Single Family (RS -8) zone that was originally built as a hatchery and then converted to a dental lab. He said the property was destroyed by fire and it was later determined that less than twenty -five percent of the value of the structure remained, so it was not able to reconstruct as a nonconforming use. He said there is a provision in the Code that does allow some change in non - conformities to acknowledge businesses that fit into the neighborhood. He said this amendment would expand upon that provision to allow non - conforming uses that were destroyed to more than seventy -five percent of their value to seek a special exception from the Board of Adjustment to be rebuilt. He said that it was actually not clear whether all the required permits had been obtained in the past to make the dental lab a legal non - conforming use. Miklo explained the revised amendment that was sent to the Commission after learning this. Eastham asked Miklo to explain why the recommendation to allow unpermitted uses to continue requires those uses to have existed for over twenty -five years. Miklo said they want to make sure the business has a long track record and someone doesn't establish an illegal use and then get it validated by this action. Freerks opened public hearing. Brian Hartley, son of the applicant, read a statement from his father saying they intended to comply with any historic preservation requirements necessary and that the finished building will have the look of a single family home. He read a letter from Chris and Kathleen Peterson who live across the street from the subject site in which they stated their support for amending the Code as the first step in rebuilding. He said they have received a lot of other support from the community. He said rebuilding at this site is really the only option for them. Martin asked if the building the applicant wants to recreate would be just one residence. Hartley said it would. Peter Yohe of 907 Rundell Street said he feels positive about the Hartleys moving back to the neighborhood. Freerks closed public hearing. Thomas moved to recommend approval of an amendment to Title 14: Zoning Code as indicated in the staff memos. Eastham seconded. Eastham asked if the structure can be rebuilt as a residence. Miklo said staff's discussions have been that it will be designed so it can easily be converted to a residence in the future. Freerks said after consideration, she has decided that this amendment is the right thing for the community, as it creates an opportunity for flexibility when it's warranted. She said she sees this assisting the applicant as well as others in similar situations. Martin said she's very much in favor of this, because the subject property is part of her neighborhood. Planning and Zoning Commission June 20, 2013 - Formal Page 7 of 8 Eastham said this seems to be the best way of handling this individual circumstance as well as similar ones. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: June 6, 2013 Eastham moved to approve the minutes of June 6, 2013. Martin seconded. A vote was taken and the motion carried 6 -0. OTHER ADJOURNMENT: Swygard moved to adjourn. Eastham seconded. The meeting was adjourned on a 6 -0 vote. S t_, Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14: ZONING CODE TO ALLO�THE BOARD OF ADJUSTMENT TO GRANT A SPECIAL EXCEPTION FOR A NON - CONFORMING US OR OTHER UNPERMITTED USE THAT HAS BEEN IN EXISTENCE FOR OVER 25 YEARS TO � BE REBUILT UNDER CERTAIN CONDITIONS, EVEN IT IS DESTORYED OR DAMAGED TO MORC+. THAN 75% OF ITS ASSESSED VALUE. WHEREAS, the Zoning Code allows a nonconforming use that is damaged by fire, explosion, act of God or by a public enemy to less than 75% of the assessed value to be rebuilt, :however, if damaged or destroyed to 75% or more, the nonconforming use may not be re- established and the. property must revert to a conforming use; and WHEREAS, in certain other situations, the Zoning Code allows the Board of Adjustment to provide some relief to the strict application of the nonconforming use provisions in acknowledgement that not every nonconforming use is incompatible with the surrounding land uses or neighborhood and in some cases may even be viewed as an asset to the neighborhood; and WHEREAS, it is in the best interests of the City to provide an opportunity for an applicant to bring their individual case before the Board of Adjustment for a public hearing if they wish to restore a nonconforming use that has been damaged or destroyed by fire, explosion or act of God, or by a public enemy to 75% or more of its assessed value, where each case can be judged on its own merit$ and the public will have an opportunity to provide input; and WHEREAS, since previously unpermitted uses that have beeq in existence for more than 25 years will have established a track record regarding compatibility or incompatibili with the surrounding uses and hborhood, and therefore should be given an opportunity to be rebuilt similar o nonconforming uses asaoted a ve; and WHEREAS, the Planning and Zoning Commission h s reviewed this ordinary- pmandmeni d recommends approval. �-:.I � NOW, THEREFORE, BE IT ORDAINED BY TtiE CITY SECTION I. The Code of Ordinances of thkCity of I A. Delete subsection 14- 4E -5E, Damage E. Damage or Destruction C') —< N +` NCIL OF THE CITY OF IOWR'RY,f5WA:� City, Iowa is hereby amendec_Ss�Fipllows: M ction, and substitute in lieu thef f: •� w Any structure for a nonconformin use which has been destroyed or damaged by fire, explosion, act of God or by a pu is enemy to the extent of less than 75 percent of the assessed value of the structure t the time of damage or destruction, may be restored for the same nonconforming use existed'ibefore such damage. However, the nonconforming use must not a enlarged to more than what existed before such damage occurred. Any such restoratio must be completed within 2 years of the date the structure was destroyed or damaged; therwise the property must revert to a conforming use. 2. A lot or portion of a lot on w ich is located a structure for a nonconforming use or other unpermitted use that has en previously established and in existence for over twenty -five (25) years that has been estroyed or damaged by fire, explosion, act of God or by a public enemy to the exteIsedon percent or more of the assessed value of the structure at the time of damage otion, must revert to a conforming use, unless a special exception is granted by the Adjustment according to the provisions of paragraph 4, below. The provisions foal exception as outlined in paragraph 4 below shall not apply or be available to a rming or illegal residential occupancy. 3. For purposes of thction, the extent of the damage will be determined by the Building Official b credible evidence provided by the property owner . 4. The Board of Adjustment may grant a special exception to allow a nonconforming use or other unpermitted use that has been previously established and in existence for over twenty -five (25) years that has been destroyed or damaged by fire, explosion, act of God or Ordinance No. Page 2 by a public enemy to the extent of 75 percent or more of the assessed value of the structure at the time of damage or destruction, to be restored for the same nonconforming use as existed before the damage or destruction, provided the following conditions are met: a. An application for the special exception-IQ restore the use must be filed with the City within one year of the date the structure was estroyed or damaged; and b. The restored structure for the use may be r designed or located on the property in order to, increase the compatibility with surro ding uses, but the structure or use may not b enlarged beyond what existed before s,bch damage or destruction occurred; and c. Pre ious to the damage or destruction, the intensity of the use and the activities, op rations, buildings and other aspects of tAe use were generally compatible with the s rrounding neighborhood; and d. The proposal for the restored use will /be equally or more compatible with the surrounding neighborhood as was the use previous to the damage or destruction. The Board of Adjustment may consider such/factors as traffic generation, parking, hours of operation, noise, dust, aesthetics, screening, amount of customer traffic; number of employees , residents, or occupants of a building or business; and any other factors that relate to the compatibility of the nonconforming or previously established use with the surrounding neighborhood and W'ses; and e. Once restored /rebuilt the nonconforming or previously established unpermitted use will retain or be conferred nonconforming status. The Board of Adjustment may impose additional conditions such that the conference of non - conforming status is limited. SECTION II. REPEALER. All ordinances an� parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any se invalid or unconstitutional, such adjudication : section, provision or part thereof not adjudged i SECTION IV. EFFECTIVE DATE. This publication, as provided by law. Passed and approved this day of MAYOR Approved by: City Attorney's Office S; provision or part of the Ordinance shall be adjudged to be I riot affect the validity of the Ordinance as a whole or any lid or unconstitutional. inance .shall be in effect after its final passage, approval and 12013. o ATTEST:.. w CITY CLERK rn of t� s � w � 08 ®� 4d Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5236 (REZ13- 00012) ORDINANCE NO. 13 -4540 AN ORDINANCE CONDITIONALLY REZONING 2.3 ACRES OF LAND LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1 AND SUNSET STREET IN THE INTENSIVE COMMERCIAL (CI -1) ZONE. (REZ13- 00014) WHEREAS, the Menards INC., is owner of certain real estate in the Intensive Commercial (CI -1) zone located southeast of the intersection of Highway 1 and Sunset Street; and WHEREAS, the Comprehensive Plan -South Central District Plan indicates that the subject property is appropriate for Intensive or Highway Commercial development; and WHEREAS, the Comprehensive Plan -South Central District Plan states that entranceway aesthetics need to be considered along Highway 1 West; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, said property is subject to an existing Conditional Zoning Agreement (Ordinance No. 96- 3736) that requires a minimum 30 -foot front setback; and WHEREAS, the owner has requested that the existing Conditional Zoning Agreement (Ordinance No 96- 3736) be repealed and replaced with a new Conditional Zoning Agreement; and WHEREAS, this conditional rezoning would allow the minimum setback along the Highway 1 frontage to be reduced from 30 feet to 11 feet in exchange for a higher level of screening and landscaping along the property's frontage with Highway 1 and within the parking area /display area. Other relevant conditions from the 1996 conditional zoning agreement are included in the new conditional zoning agreement attached hereto; and WHEREAS, the applicant agrees to develop the property in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. WHEREAS, the Planning and Zoning Commission has the reviewed the rezoning and determined that it complies with the Comprehensive Plan -South Central District Plan policy for entranceway aesthetics provided the conditions of the Conditional Zoning Agreement attached hereto are met; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby zoned Intensive Commercial (CI -1), subject to the conditions stated in the Conditional Zoning Agreement attached hereto and incorporated herein by this reference: LEGAL DESCRIPTION Lot 1 Westport Plaza —Part Two, Iowa City, Iowa. SECTION Il. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City. 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. Ordinance No. 11-49z, Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of August , 2013. A MAYOR ATTEST: CITY CLERK A//pplI'oved /by yL- City Attorney's Office -7f (1 1 L3 Ordinance No. 13 -4540 Page 2 It was moved by Mims and seconded by _ Ordinance as read be adopted, and upon roll call there were AYES: x x x x x X x NAYS: ABSENT: Dickens that the Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/23/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 8/15/2013 Moved by Mims, seconded by Champion, 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: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ13- 00004) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Menard/) Inc. (hereinafter "Owner "), and Chezik -Bell Properties, L.C. (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 2.3 acres of property located southeast of the intersection of Highway 1 and Sunset Street; and WHEREAS, the Owner has requested the rezoning of said property to amend the Conditional Zoning Agreement by reducing the minimum setback requirement from the Highway 1 right -of -way from 30 feet to 11 feet; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding installation of extensive landscaping along the property's frontage with Highway 1, side lot lines, and to the northeast and southwest corners of the property, along with adherence to the other conditions enumerated in the original Conditional Zoning Agreement (Ordinance No. 96 -3736) and restated in the current CZA, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, 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 protection of environmentally - sensitive areas; 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. MenardAInc. is the legal title holder of the property legally described as: Lot 1 Westport Plaza —Part Two, Iowa City, Iowa, Book 38, Page 257 Johnson County Recorder. 2. Chezik -Bell Properties, L.C. has a leasehold interest in the above - described property. 3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South Central District plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. The development of the subject property shall have no direct vehicular access onto Highway 1. Access to the subject property shall be through the existing access drives from adjacent properties. b. Prior to the issuance of a building permit on the subject property, Owner shall dedicate to the adjacent property owners a cross - access easement to allow vehicular access between properties located to the north and south of the subject property. This access easement shall be shown on all site plans for future development and may be located through the parking lot aisles. c. No outdoor storage of merchandise or material, except for that associated with auto vehicle sales, plant nurseries, and florist shops, shall occur within 100 feet of the Highway 1 right -of -way. Outdoor storage areas located beyond 100 feet of the Highway 1 right -of -way shall be screened with a solid wall at least six feet in height. A planted landscape bed a minimum of 15 feet in depth shall be located adjacent to any such wall between the wall and the Highway 1 right -of -way, and no parking or paving shall be allowed within the 15 -foot landscape bed. d. Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks in other locations that are visible from Highway 1 shall be screened in accordance with applicable performance standards set forth in the Iowa City Code of Ordinances. e. All parking aisles shall terminate with a landscape bed a minimum of nine feet in depth. The landscape beds shall be planted with parking lot trees, which may count towards the parking area trees otherwise required by City ordinances. f. Only one free - standing sign shall be permitted on the subject property. g. If signage is to be lighted, it shall be internally illuminated. h. The parking /display area shall be setback and landscaped in accordance with the attached landscape plan dated 5/29113 and marked as revised on 6/11/13. The minimum setback along the Highway 1 frontage shall be 11 feet, but shall be deeper on the north and south ends of the parking /display aisle as shown. Landscaping shall extend along the side lot lines and into the parking lot islands as illustrated on said landscape plan with use of a minimum of three different species of trees. The attached landscape plan shall constitute the minimum standard that shall be maintained over time. Landscaped green space and setback areas may be increased, but shall not be reduced to less than what is shown on the attached plan. 5. The Owner, Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner, Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. 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. 2 8. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 6th day of August , 2013. CITY OF IOWA CITY Menard /Inc., OWNER. --, ,A BY: Matthew J. Hayek, Mayor By: hewn TG.6e �Q�AIs P Mo.,�eir Attest Marian K. Karr, City Clerk Chezik -Bell Properties, L.C., APPLICANT Approved by: (By: AAUt n� __.. City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on AuGs4m- (a , 2013, by Matthew ?. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. o- e Sam(Aa-,- T1-1A Notary Public in and for the State of Iowa (Stamp or Seal) *74yJA1 ONDRAE FORT ission Number 159791 Commission Expires Title (and Rank) aoi Nc,4a -r1 P%A6k',C 3 CORPORATE ACKNOWLEDGEMENT: STATE OF WISCONSIN) ) ss: EAU CLAIRE COUNTY ) This instrument was acknowledged before me on �vf `7 / '� , 2013 by 7:6 en) 1 e as Rfc l �r +tilt NQOQo 2Y of Menard /, Inc. DENY, -, Notary Public in nd for said County and State izi z ° 2 - (Stamp or Seal) j AUB�\ Title (and Rank) A,(¢ /,,/ Alc /t"7 Co MM iI- off �f per�i4h�hf 4 SIP D� FH H A g� A� Am �n vD I IIII ol e Y o Wn r H 3g 4 � A � ".��'� meal SS cn �9'M N A g� A� Am �n vD r- 0 � m^, Y _ m UN �0W Dim r �r N N D ;p D� m U) 0 9 I IIII ol e _ III o Wn H 3g � A � € N M meal SS cn �9'M N A6t. r- 0 � m^, Y _ m UN �0W Dim r �r N N D ;p D� m U) 0 9 I IIII ol e _ III o Wn H 3g meal 6 F p cn V Z e R Rif >Zy X c>, m c°n 8 P 4y i2ON� d ~y U) 7, n,� Wpm co r g" U133 w —Imr =i� H, sF �� — Marian Karr From: David Larsen <larsen @kctc.net> Sent: Wednesday, July 24, 2013 4:59 PM To: Marian Karr Subject: Chezik -Bell Auto Dealership rezoning Dear Marian As representative of the Chezik -Bell Applicant, in regard to the Conditional Zoning Agreement change (REZ13- 00014) on the 2.3 acres of land located South East of the intersection of Highwayl and Sunset Street, this is a request to combine the 2nd and 3rd readings at the next City Council meeting August 6, 2013. Please notify me if there are any questions or any further corrections or changes necessary to complete this request. Thanks you David Larsen 319 - 656 -5271 office home 319 - 936 -0558 cell 4e Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. ORDINANCE AMENDING TITLE 14 OF THE ZONING CODE TO ALLOW SCHOOLS OF GENERALIZED INSTRUCTION BY SPECIAL EXCEPTION IN THE COMMUNITY COMMERCIAL (CC -2) ZONE. WHEREAS, General Educational Facilities are currently not permitted in the CC -2 zone; and WHEREAS, the intent of the CC -2 zone is to provide for major business districts serving a significant segment of the total community population with large traffic - generating uses; and WHEREAS, CC -2 zones serve primarily as retail centers, but in some locations educational facilities could be a compatible use; and WHEREAS, allowing General Educational Facilities in the CC -2 zone by Special Exception will provide for review by the Board of Adjustment to consider the compatibility of the use for the specific commercial location, based on factors such as traffic patterns and provision of safe pedestrian access to the school; and WHEREAS, the Planning and Zoning Commission has reviewed the ordinance and recommended that the proposal be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, by labeling Educational Facilities, General as "S" in the column for the CC -2 Zone. B. Insert a new paragraph 8 within Subsection 14 -413-41D as follows, and re- number subsequent paragraphs accordingly: 8. General Education Facilities in the CC -2 Zone: a. The use will be functionally compatible with surrounding uses and will not inhibit retail and service uses for which the zone is primarily intended. The Board may consider such factors as site yayout, size and scale of the development, and traffic circulation. b. The use must provide a drop- off /pick -up area in a location that is convenient to, or has good pedestrian access to, the entrance to the facility. The drop- off /pick -up area must contain sufficient stacking spaces and /or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights -of -way. c. The site must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation to the school according to the standards set forth in subsection 14- 2C -6F, Pedestrian, Bicycle, and Vehicular Circulation. Pedestrian walkways must be established connecting the main entrance(s) of the school to adjacent public sidewalks and trails. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12013. Ordinance No Page 2 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/23/2013 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Second Consideration 8 / 6/ 20 1 3 Vote for passage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Date published M Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDNANCE AMENDING TITLE 14: ZONING CODE TO MODIFY THE REGULATIONS REGARDING THE SPACING OF DRINKING ESTABLISHMENTS SO THAT THE 500 -FOOT SPACING RULE WOULD ONLY APPLY TO PROPERTIES WITHIN THE UNIVERSITY IMPACT AREA AND THE RIVERFRONT CROSSINGS DISTRICT. WHEREAS, studies show that the increase in the concentration of alcohol - related uses is correlated to the overconsumption of alcohol and prevalence of underage drinking; and WHEREAS, studies also show that an increase in the concentration of alcohol - related uses contributes to an increase in violence and crime; and WHEREAS, in 2009 the City established spacing requirements for drinking establishments throughout Iowa City; and WHEREAS, due to the negative externalities associated with a concentration of drinking establishments such as bars and pubs, it is in the public interest to prevent further concentration of these types of uses in locations within and near downtown Iowa City and the University of Iowa campus where the demand for these types of land uses is highest; and WHEREAS, a concentration of drinking establishments outside the central city and the University Impact Area has not occurred and is less likely to occur such that spacing requirements for drinking establishments is not necessary and may be unduly restricting economic development opportunities in outlying commercial areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting subparagraph 14- 413- 413-9e. and substituting in lieu thereof: e. In any CN -1 Zone within the University Impact Area, as illustrated on Map 213.1 within Section 14 -213-6, or the Riverfront Crossings District, as illustrated in Figure 2C.8 within Section 14- 2C -11, a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. B. Deleting paragraph 14- 413-413-10 and substituting in lieu thereof: 10. Drinking Establishments in the CH -1, CC -2, CB -2, CB -5, CB -10 Zones Within the University Impact Area, as illustrated on Map 2B.1 within Section 14 -213-6 or the Riverfront Crossings District, as illustrated in Figure 2C.8 within Section 14- 2C-11 a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of Ordinance No. Page 2 the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. SECTION H. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2013. MAYOR Approved by ATTEST: r -c CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 7/23/2013 Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns,Hayek. NAYS: Mims. ABSENT: None. Second Consideration 8/6/2013 Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Payne, Throgmorton. NAYS: Mims. ABSENT: None. Date published Prepared by: Dennis Bockenstedt, Director of Finance, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE CERTAIN SOLID WASTE CHARGES. WHEREAS, pursuant to Chapter 364, Code of Iowa (2013), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with said solid waste collection and disposal services; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees to adequately finance operational costs; and WHEREAS, the City Council wishes to codify fees for some landfill products that have previously been set by policy; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 34-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Changing the fee for the following items: Yard waste "Annual stamp, per container 20.00" to "Annual sticker, per container $25.00 ", and yard waste bags from 1.00 to $1.25; 1St bulky item picked up from $10.00 to $12.50, and additional bulky items picked up from $5.00 to $6.00; Tire collection from $3.00 to $3.75 per tire, and from $6.00 to $7.50 per tire & rim; Solid waste from "$11.40 minimum, including 2 containers per week; additional containers $1.00 per container" to 111.40 per refuse cart per month; $1.25 per sticker for additional bags "; and Setting the fee for the following items: Iowa City Community Compost $20.00 per ton, $2.00 minimum; Wood chip mulch $10.00 per ton, $2.00 minimum; Electronic waste: $2.00 per item, TV's or monitors less than 18" $10.00 per item, TV's or monitors 18" or greater $15.00 per item; and Adding a dollar sign ($) before all fee amounts. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. All rate changes will be effective October 1, 2013, with the exception of yard waste annual stickers, which shall be effective April 1, 2014. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: First Consideration 8/6/2013 Vote for passage: AYES : Mims , NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA .52240; 319 - 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 4, ALCOHOLIC BEVERAGES, CHAPTERS, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, TO MODIFY THE CALCULATION OF TICKET SALES FOR EXCEPTION CERTIFICATE PURPOSES. WHEREAS, under the current ordinance, ticket sales for theater performances on stage are counted as non - alcohol sales for exception certificate purposes; and WHEREAS, ticket sales for viewing films at a movie theater would be counted as alcohol sales, because they are not performed, "on stage" WHEREAS, the Council wishes to foster movie theaters, while preserving the significant gains the Under 21 ordinance has generated; and WHEREAS, the continuing requirement that the "entire audience area is consistent with traditional theater seating" should discourage gamesmanship: and WHEREAS, it is in the best interest of the City to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. TITLE 4, ALCOHOLIC BEVERAGES, CHAPTER 5, PROHIBITIONS AND RESTRICTIONS, SECTION 8, PERSONS UNDER THE LEGAL AGE IN LICENSED OR PERMITTED ESTABLISHMENTS, SUBSECTION B, PARAGRAPH (3)(a) is hereby amended by deleting the words, "on stage ", leaving the fourth sentence to read as follows: Ticket sales for any event performed in a theater in which the entire audience area is consistent with traditional theater seating shall be counted as nonalcohol sales. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this day of , 2013. MAYOR ATTEST: CITY CLERK Appr ved by ,a/ :� City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 7/23/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration — 8/6/2013 Vote forpassage: AYES: Paynep Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published