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HomeMy WebLinkAbout2019-10-01 OrdinanceItem Number: 10.a. i CITY of IOWA CITY www.icgov.org October 1, 2019 Ordinance amending the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. (ZCA19-03) ATTACHMENTS: Description PZ Staff Report w Attachments Ordinance PZ Minutes To: Planning and Zoning Commission Item: REZ19-07 / ZCA19-03 E Prentiss & S Gilbert GENERAL INFORMATION: Applicant: Property Owner: Requested Action: Purpose: Location: Location Map: Boni C ®L9�hl' �C•C`T - �; w 19T F. j/ STAFF REPORT Prepared by: Jade Pederson, Planning Intern and Anne Russett, Senior Planner Date: August 15, 2019 Davis Maxwell Capstone Collegiate Communities, LLC 431 Office Park Drive Birmingham, AL 35223 dmaxwell@capstonemail.com 205-414-6438 Boyd Investments 625 S Gilbert Street Iowa City, IA 52240 319-321-5152 Regulating plan amendment from Gilbert Subdistrict to Central Crossings Subdistrict Rezoning from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). Redevelopment of the site per the Riverfront Crossing's form -based code 305 & 315 E Prentiss St. & 625 S Gilbert St. Iowa City, IA Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: K 1.6 Acres Two office buildings zoned Intensive Commercial (CI -1) and one apartment zoned Community Commercial (CC -2) North: RFC -SD — Riverfront Crossings -South District (Office and Commercial) PRM — Planned High Density Multi - Family Residential (Condominiums) South: CC -2 — Community Commercial (Mixed - Use and Commercial) CI -1 — Intensive Commercial (Office) East: RM -44 — High Density Multi -Family Residential (Residential) CC -2 — Community Commercial (Commercial) West: RFC -CX — Riverfront Crossings -Central Crossings (Multi -family residential) Downtown and Riverfront Crossings Master Plan C7 Property owners located within 300 feet of the project site received notification of the Planning and Zoning Commission public meeting. August 1, 2019 September 16, 2019 The applicant, Davis Maxwell representing Capstone Collegiate Communities, LLC, has requested the following: 1. An amendment to the Riverfront Crossings regulating plan (14-2G-2): The project site is located within the Central Crossings and Gilbert Subdistricts of the Riverfront Crossings District. The properties located at 305 and 315 East Prentiss are within the Central Crossings Subdistrict while the 625 South Gilbert Street property is within the Gilbert Subdistrict. The applicant has requested that the regulating plan be amended to include the 625 South Gilbert Street property in the Central Crossings subdistrict. 2. A rezoning from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX) for 1.6 acres at 305 and 315 East Prentiss Street and 625 South Gilbert Street. 3 At the time this staff report was published the applicant had not held a good neighbor meeting. ANALYSIS: Current Zoning: Zone District. - The property at 305 East Prentiss Street is currently zoned Community Commercial (CC -2). The additional two properties, at 315 East Prentiss Street and 625 South Gilbert Street, are currently zoned Intensive Commercial (CI -1). The purpose of the Community Commercial (CC -2) zone is to provide services, that are in a major business district, to a significant portion of community. The primary uses of the CC -2 zone are for commercial, retail, and office. The Intensive Commercial Zone (CI -1) zone is intended "to provide areas for those sales and service functions whose operations are typically characterized by outdoor display and storage of merchandise, repair and sales of large equipment or motor vehicles, outdoor commercial amusement and recreation activities, or by operations conducted in buildings or structures that are not completely enclosed." Residential uses are not an allowed use in the CI -1 zone. Regulating Plan: The project property falls into two different subdistricts of the Riverfront Crossings District. The lot located at 625 South Gilbert Street is in the Gilbert Subdistrict and the lots located at 305 and 315 East Prentiss Street are in the Central Crossings Subdistrict. While the two subdistricts do still fall within the same general guidelines of the Downtown & Riverfront Crossings Master Plan, they both have distinctive objectives, regulations, and standards that they follow. The most notable differences and similarities between the subdistricts include standards pertaining to land uses, base max height, and max bonus height. Figure 1 shows some of the standards of the Central Crossings and Gilbert Subdistricts. Figure 1. Central Crossings Subdistrict Gilbert Subdistrict Land Uses Same as CB -5 zone: Same as C13-5 zone: -Provisional residential use -Provisional residential use -Most commercial use -Most commercial use -Provisional industrial use -Provisional industrial use -Most institutional and civic uses -Most institutional and civic uses Base Height Maximum 4 floors 3 floors Bonus Height 8 floors 5 floors Maximum ri Proposed Zoning: Zone District.• The proposed Riverfront Crossings — Central Crossings Subdistrict (RFC -CX) zone is "intended for moderate intensity mixed use development in buildings with entries opening onto pedestrian friendly streets and sidewalks." Other properties that surround the subject property and have the RFC -CX zone are to the west. RFC -CX allows most of the uses permitted in the Central Business Support (CB -5) zone: eating establishments, office uses, retail and service uses, and residential uses. This zone permits a variety of residential building types, including apartment buildings, townhouses, and mixed-use buildings. There are no restrictions on the residential density for this zone, however, there is limitations on maximum building height. The maximum building height is four stories, with an upper story setback of ten feet required along street frontages above the third story. There are opportunities for bonus height provisions up to an eight -story maximum. The attached development concept included in the applicant's statement of intent shows an 8 -story, 178 -dwelling unit building [Attachment 3]. The building concept would have 3 lower - levels for 259 residential parking spaces and 5 upper -levels for dwelling units. The concept also shows improvements along Ralston Creek and a pedestrian way that connects to S. Gilbert Street. The applicant will be requesting building height bonuses on the basis of Public Art, which allows one additional floor, and Leadership in Energy and Environmental Design, which allows up to four additional floors. A bonus height request of four stories would need to be reviewed by the staff Form -Based Code Design Review Committee prior to review and approval by the City Council. Projects zoned Riverfront Crossings and with residential uses are subject to the private Open Space Requirements of The Riverfront Crossings and Eastside Mixed Use Districts Form Based Development Standards. These require that open space shall be provided at a ratio of 10 square feet per bedroom. The proposed development will be conducted with this requirement and verified at Design Review. Since this proposed zoning would be within Riverfront Crossings if it is approved, all future development will be subject to the Affordable Housing Requirement. The development would be required to designate 10 or more percent of dwelling units as affordable housing units. Alternatively, a fee in lieu may satisfy the requirement and would be put into an affordable housing fund. Regulating Plan: The applicant has proposed a regulating plan amendment. Specifically, the request is to include approximately 0.5 acres, located at 625 South Gilbert Street, in the Central Crossing subdistrict. This area is currently identified on the regulating plan as within the Gilbert subdistrict. Figure 1 on the previous page displays the most notable standards of the two subdistricts. Existing Land Uses: The subject property is the former site of City Electric. The site also contains at least two residential uses, office uses, and some more intense commercial uses. Directly to the north, east, and west are multi -family residential buildings. The Iowa State Railroad runs to the 5 south of the subject lot. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; and 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The subject property is located in the Central Crossings and Gilbert Subdistricts of the Downtown and Riverfront Crossings Master Plan. The southern portion resides in the Gilbert Subdistrict and the larger, northern portion resides in the Central Crossings Subdistrict. The table below outlines the objectives and development character of the two subdistricts per the master plan. Figure 2. Central Crossings Gilbert Objectives: -Encourage contextual infill -Manage infill -Restore and enhance -Restore and enhance conditions along Ralston conditions along Ralston Creek Creek -Provide new housing options -Improve pedestrian and bicycle connectivity -Retrofit suburban development Development Character: -Integrate with South -District largely built out, no Downtown and Park major transformation north of subdistricts the railroad -Build on ongoing efforts to -Maintain smaller scale and improve quality residential lower intensity of use south of design the railroad. -Maintain moderate scale and intensity of use Due to the proximity of Ralston Creek, both subdistricts have objectives to restore and enhance the conditions along Ralston Creek. The Central Crossings District goes a step further and has a key goal to turn the creek into an asset that will stimulate development along its banks. This will encourage new residential development and also provide open spaces along the creek. Additionally, Central Crossings strives to maintain moderate scale and intensity of use as a development characteristic. The Gilbert Subdistrict differs from the Central Crossings Subdistrict in this aspect. One of the development character points of the Gilbert Subdistrict is to "maintain smaller -scale and lower intensity of use south of the railroad." The subject property, more notably the southern part of the subject property, falls on the northern side of the railroad where the envisioned intensity is not stated. In the Gilbert Subdistrict, the northern side of the railroad calls for no major transformations. By rezoning the subject property into a zone that allows residential uses, residential development will be encouraged along the creek. Therefore, staff is proposing a condition L1. to the rezoning to require improvements along Ralston Creek including removal of invasive species, stream bank stabilization, and tree planting subject to review by the City Forester. Compatibility with the Existing Neighborhood Character. - The development resulting from this rezoning would be compatible with the other multi- story buildings and new residential development surrounding the subject lot. The property on the west side of Ralston Creek, adjacent to the subject property, was rezoned to RFC -CX and the Form -Based Code Design Review Committee approved a 4 -story building, which is currently under construction. Across E. Prentiss Street and to the north of the subject property there is a five -story multi -use building. To the east of the subject property is a three-story apartment building. Massing studies submitted by the applicant [Attachment 31 conceptually show what the proposed 8 -story building will look like from the street -level view of all directions. Due to the lower elevation of the subject property the scale of the proposed building is similar to that of the surrounding properties. Traffic Implications and Access: The concept plan for the site shows access to the proposed building off of both E. Prentiss Street and S. Gilbert Street via existing curb cuts. An access agreement will need to be executed with the adjacent property ownerto utilize these access points. Although the access off of E. Prentiss St. appears to be an alley it is actually private property. Should an access agreement with the adjacent property owner not be achieved, alternative access to the site will need to be identified through the design review process. Additionally, staff is recommending a condition to obtain additional public right-of-way along S. Gilbert Street. The additional right-of-way will allow the City to reconfigure the sidewalk along S. Gilbert Street. Currently, the sidewalk is adjacent to the curb. Staff would like to push the sidewalk further west to provide an additional buffer between pedestrians and vehicular traffic. There are a couple of utility structures for which staff has requested access easements for any necessary future maintenance. One of these easements is necessary for access to a manhole for a trunk sewer located just inside the Ralston Creek right-of-way, near the southwest corner of the subject property. The other easement is needed for access to a sanitary sewer line that runs through the old Maiden Lane right-of-way, through the southeast portion of the subject property. Environmentally Sensitive Areas: Ralston Creek, to the western edge of the subject property, is an environmentally sensitive area. The City's Sensitive Areas Ordinance requires a 30 -foot buffer between development activity and the Ralston Creek floodway. Once a licensed engineer determines the floodway, a 30 -foot buffer will start at the edge of the floodway. A sensitive areas site plan will need to be submitted with the floodway and buffer delineated. Floodplain: The 100- and 500 -year floodplains of Ralston Creek, determined by FEMA, both encompass some of the subject property. Any development will need to comply with the City's floodplain management regulations. Floodproofing requirements and minimum floor elevations will be determined during site plan and building plan reviews. VA Storm Water Management: Staff anticipates that the existing stormwater infrastructure will be able to accommodate runoff from the proposed development. At the site plan stage staff will analyze whether the re -development of the site results in an increased amount of impervious surface. This is unlikely, since the current site is nearly all impervious. NEXT STEPS: Upon recommendation of approval from the Planning and Zoning Commission, a public hearing for the consideration of these applications will be scheduled with the City Council. Pending approval by the City Council, the applicant may submit plans for review by the Form - Based Code Design Review Committee. A request for a 4 -story height bonus would need to be reviewed by the Form -Based Code Design Review Committee, which would make a recommendation to the City Council for final review. STAFF RECOMMENDATION: Staff recommends approval of ZCA19-03, an amendment to the Riverfront Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossing subdistrict. Staff recommends approval of REZ19-07, a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX), subject to the following conditions: 1) Prior to issuance of a building permit, Owner shall dedicate right-of-way along the west side of S. Gilbert Street. The additional right-of-way needed is approximately 20' in width at the southern property line and 0' at the northern property line. 2) Provision of an access easement for City Wastewater Division vehicles and equipment to access the manhole for the trunk sewer located near the southwest corner of the subject property. 3) Provision of an access easement for City access to the sanitary sewer line that runs through the former Maiden Lane right-of-way through the southeast end of the subject property. 4) Improvement of Ralston Creek in accordance with the Form -Based Development Standards for Riverfront Crossings as follows: 1. Removal of invasive trees. 2. Stream bank stabilization including necessary grading and addition of rip -rap. 3. Planting of trees in accordance with a plan approved by a City forester. 4. Dedication of temporary construction easements for the reconstruction of the Prentiss Street Bridge. 5. The above work shall be done according to a plan prepared by the Owner and approved by the City Engineer prior to the issuance of a building permit. 5) Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the N. provision of on-site owner -occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on- site or as otherwise agreed to between Owner and the City. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. 315 E. Prentiss Street, Statement of Intent, Dated July 2, 2019 Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY RFC SD RFC SD RFC -SD y Krc-,�u i, RM44 RM44 RM44 RM44 RM44 KIvi i KIVJIZ W gF -SD t �" RM44 I RM12 RFC -SD RM44 RM44 RM44 �i RFC -SD , -RFC-SD RFC -SD RM44 i. 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RS8 m ' RS8 RS8 RS8 cn RS8 RS8 —G--- � � y RS8 RS8 z P1 P1 RS12 An application submitted by Davis Maxwell, Capstone Collegiate Z � W RS8 RSE� RS12 RS12 Communities LLC for the rezoning of approximately 1.6 acres at 91 o RS8 m °Rss RS8 RS8 Rss W RS12 RS12 VI 305 & 315 E Prentiss St & 635 S Gilbert Street from Communityi RS8 ?' Z *- Tee � PAGE ST 1, RS8 RS8 m8 - _ `'RS8 A RS8 RS8 RS8 Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront cllRss „RSA ? RS8 x, U) _� RS8 RS8 RS8 RS8 T7.1 tit" RS8 RS8 RS8 RS8 »- RSE Crossings - Central Crossings Subdistrict (RFC -CX). _ Rs8 Rss _ -' = RS8 RS8 $ R ��RS8 8 " RS8 RS8 'a RS8 RS8 RS8 ri1 r `. - C11 RSR �: RS8 Rosi sfiR RS8 # RS8 RCR R¢R RS8 RS8 e LU -IARRISON ST a - q +, f 'I ° •4 �� a � �z � '' J� � i { E PRENTISS ST P n �: l fid` ��• :d Ca LU Q WRIGHT r b U • Y��Y_ Jl ' w J c] 07 - �+ U) - 'U) IJ - V erre:. 1 • / P C Lit w ` LAFAYET TE ST An application submitted by Davis Maxwell, Capstone Collegiate Communities LLC for the rezoning of approximately 1.6 acres at 305 & 315 E Prentiss St & 635 S Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings Subdistrict (RFC -CX). CITY OF IOWA CITY r � E .� ftL.-34 i Ate^• i ;J4 1 - r J z t W I VeW 0 a � m Q Z e �Vi R" s CITY OF IOWA CITY r � E .� ftL.-34 i Ate^• i ;J4 1 - r DEVELOPER: SUBMITTED TO: Planning Staff JULY 2, 2019 315 East Prentiss Street INTRODUCTION On behalf of Capstone Collegiate Communities and their Project Team, I am pleased to present to you our vision for the re -development of the properties located at 305 & 315 E. Prentiss and 625 S. Gilbert Street in Iowa City. Commonly referred to as 315 E Prentiss, the project promises to be a vibrant addition to Iowa City and the River Front Crossings District. The project will deliver high-quality, residential housing to a property that is on the east bank of Ralston Creek and currently used for an industrial use . The new residential tenants will be located close to public transportation, surrounded by highly regarded, locally owned dining establishments, and within a 10 - minute walk of downtown. All parking for the project will be located within the building footprint and the 4th level of the building will feature roof -top terraces, a clubroom, and fitness center for the private use of the building occupants. At street level, the banks of Ralston Creek will be stabilized and the floodplain buffer will be enhanced to create publicly accessible open space. Further, a pedestrian walkway will be added along the south side of the property to provide an opportunity for pedestrians on S. Gilbert Street to access Ralston Creek and enjoy the enhancements located along the banks. The Project Team and I look forward to working with the City of Iowa City to create a successful project for the developer and the city. MICHAEL WELCH Project Lead The project team consists of: OWNER / DEVELOPER: CAPSTONE COLLEGIATE COMMUNITIES, LLC OWNER'S REPRESENTATIVE AXIOM CONSULTANTS, LLC NILES BOLTON ASSOCIATES CIVIL, STRUCTURAL, AND MEP ENGINEER: AXIOM CONSULTANTS, LLC W_101I9LY•1_1»_1: ]ImI19:101 LMO PARTNERS Project PROCESS THREE DISTINCT PHASES I i PHASE 1 Rezoning/Height Bonus May 2019 The rezoning phase of the project began in May of 2019 with the submission of a rezoning application. A change to the Regulating Plan will be sought concurrently with rezoning the property to River Front Crossings—Central Crossings District. A Level II Design Review will be required to achieve the desired eight -floors. The Project Team will commence work on the Design Review submissions once it is clear that P&Z and Council are supportive of rezoning. 9 MONTHS PHASE 2 Design Winter 2019– Spring 2020 A significant portion of the design process will occur during the Design Review process. This effort will continue upon the completion of the Design Review process and include geotechnical investigation and Phase II ESA. These efforts will culminate in an approved Site Plan and Building Plans early Spring of 2020 to allow construction to begin in 2020. The Project Team will work closely with city staff throughout the process to streamline the design to the extent possible. 18 MONTHS D u PHASE 3 Construction Summer 2020—Summer 2022 Construction is expected to begin in Summer 2020 upon the approval of a building and site design. The building is expected to take approximately 15-17 months, including Ralston Creek stabilization and right-of-way improvements. The building should be ready for an August 2022 occupancy. Section SITE NARRATIVE Master Plan COMPARISION FOOTPRINTS OF THE DEVELOPMENT AS COMPARED TO THE MASTER PLAN (PAGE 66) — _ I- IT17,Uq F a F.� V'3 1 4 agOP■ a UJ ' -._ - Ucc _ wrzx • IL # f W USW r # # - _ .# ■ a Ir" a 04 0 - �76 If 41D tt Plan diagram of the Central Sub -District from the Downtown and Riverfront Plan diagram of the Central Crossings Sub -District from the Downtown and Crossings Masterplan document with the 315 East Prentiss site outlined in red. Riverfront Crossings Masterplan document with the 315 East Prentiss site out - Note that in the Masterplan, the site lies within two sub -districts: Central Cross- lined in red and the proposed building footprint diagram overlaid. The Central ings and Gilbert Districts. Crossings Boundary has been adjusted to reflect the proposed changes to the Regulating Plan. Project FOOTPRINT A GENERAL OVERVIEW OF WHAT COMPRISES THIS EFFORT RESTORED RIPARIAN PRENTI55 ST VEGETATION (PROPOSED) " { V PROPERTY LINE r. a_ RETAIN GRADES WITH NATURAL MATERIALS FLOODWAY I ~ (FROM CITY MAPPING), �I « 30' FLOODWAY BUFFER 41 STAIR t 5' FLOODWAY BUFFER SETBACK 1 TERRACE B - I I 1 (LEVEL4) PUBLIC WALKWAY (AT GRADE) I STAIR • 1 i (PLAZA (AT GRADE) TERRA CEC (LEVEL -4) 771 I ;s O STAIR IOWA INTERSTATE RAILROAD CONCEPTUAL DEVELOPMENT SUMMARY: PARCEL "A" AREA: +/- 1.60 ACRES APARTMENTS: 178 UNITS 1 400 BEDS 780 NSF/UNIT AVG 1 347 NSF/BED AVG 138,850 NRSF TOTAL LOBBY, LEASING E MAIL: 2,918 SF CLUBROOM & FITNESS: 5,514 SF —r i r,{ e RMB 55 - \ PARKING: 259 SPACES PROVIDED (249 REQ) —FK=V PLAZA I k PARKING RATIO: 1.45 SPACES/UNIT 1 0.65 SPACES/BED - LOBBY, LEASING Et MAIL \_ (GROUND LEVEL) BOWERY ST CLUB ROOM Et FITNESS_- (TERRACE LEVEL 4) r? MAIN FARWIING ACCESS FROM EASEMENT 8 STORY BU1,;LDING ti (5 RESIDENTIAL LEVELS OVER 3 PARKING LEVELS) SECONDARY PARKING w ACCESS FROM EASEMENT -` r The project will be comprised of a single eight (8) story building and a variety of improvements to Ralston Creek. The building consists of three floors of parking with five floors of residential, including a club room, fitness room, and 4th level terraces. Ralston Creek improvements cover creek stabilization and removal of invasive species as well as the construction of a pedestrian greenway along the east side of the creek. The space will be designed to encourage public use and pedestrian access to this under-utilized natural resource which flows through River Front Crossings Ralston Creek IMPROVEMENTS SAMPLE OF POTENTIAL CREEK ENHANCEMENTS /— A � orrag..�r t f pP'�u1DE Pa.HIr BVL x%/84,6 .4�/ W' + �se�rrt�O�I. a�:e l2.r wi�eh `Wn4v�c."'G ��e44r'^�t i7c`'rr�5 pssarv�e P°�f� ' _�tl 1, 11� 0 �.i.5 "L"¢7T'`�.�Y ��"I,I�'1 Cw �pl$vE �'G-✓ �eei5 $�f�• �TFyw,7.� ° R—A.+rSfonl c.rtr�.� j �rY,� ��`�A/e..,�ZRYor,.' k(TE"IY,rJ -r �+a..i%.�G�F� -. ,'hwovd F1.K�Ic #M`fs T pr.(aw sr} To r.b WI �`E�'rnr( - P4pnF4AJJ J rrf_ r '!; 4ww' wurrcW 7 w Z �N.rs,( t r .r.rp +e �u� euf-sf-s� 5rdd�r ►iq..e�r. 2 P4.wc . 4l+tga - pa ndss p� �FY Aa.#r:.� v.`eedi-. i �IAyLS T k�r� `s�erus+•Yall f�q'c'"+� •fir+.af. TYPICAL SECTION of PROPOSED RALSON CREEK IMPROVEMENTS REDISCOVERING A NATURAL FEATURE The restoration of the Ralston Creek corridor would include a multi -step design approach to restoring and improving portions of the creek to create an inviting amenity that will enhance the quality of life for the citizens of Iowa City. The first suggested step would be to remove the existing concrete structures and re -shape the creek channel and bank to mimic a more natural pattern. Stabilizing the banks with a combination of rock boulders or outcroppings and native plantings suitable for the riparian zone of the lower banks. Secondly, swales and pools running parallel to the creeks banks would be incorporated to reduce the floodwater velocity from upstream channelization. These features combined with the riparian plantings also provide an opportunity to capture stormwater from the adjacent sites and filter contaminants. Finally, engaging the public with the creek by connecting pathways and plazas through public open spaces along the creek can bring awareness that not only the creek exists, but can be made into an attractive natural amenity. Ultimately, restoring this portion of the creek could be used as a model for future developments along the creek corridor. Section SCALE Scale of BUILDINGS SIMILAR BUILDING SCALE COMPARISON MATRIX 620 Dubuque 736 FT Dubuque St NARRATIVE: The Rise 831 FT 315 5 Prentiss 225 Prentiss 742 FT 710 FT r =_ l l Ralston Creek 601 5 Gilbert 713 FT I S Gilbert St The Mansion 538 S Gilbert 729 FT Section diagram illustrating the elevational height of the tallest buildings in the South Downtown and Central Crossings dis- tricts visible along Prentiss, from Gilbert to Dubuque 315 E Prentiss will be located near the bottom of the Prentiss Street hill nestled along Ralston Creek in the valley between Gilbert Street and Dubuque Street. The natural rise in the topography surrounding the project site allows for the proposed 8—stories to meld into the neighborhood. The structure will compliment rather than dominate the surrounding buildings This exhibit shows a number of buildings and how they compare to the proposed construction of the 315 E Prentiss Project. The view of this exhibit is looking direction north with a west -to -east cut through the center of the property. 315 E Prentiss 602 S Dubuque 620 S Dubuque 225 E Prentiss Court & Linn PROJECT CAPSTONE DUBUQUE STREET DUBUQUE STREET DUBUQUE PH IV THE RISE YEAR 2022 (proposed) 2017 2018 2019 2018 STORIES ABOVE 8 (proposed) 4 4 4 15 GRADE APPROXIMATE 742 FT 724 FT 736 FT 710 FT 831 FT HEIGHT 315 E Prentiss will be located near the bottom of the Prentiss Street hill nestled along Ralston Creek in the valley between Gilbert Street and Dubuque Street. The natural rise in the topography surrounding the project site allows for the proposed 8—stories to meld into the neighborhood. The structure will compliment rather than dominate the surrounding buildings This exhibit shows a number of buildings and how they compare to the proposed construction of the 315 E Prentiss Project. The view of this exhibit is looking direction north with a west -to -east cut through the center of the property. Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level view looking Southeast from the intersection of Dubuque and Prentiss. Conceptual view showing the project located behind the Dubuque Phase IV—Pacha building at 225 E. Prentiss Street) (currently under construction) building at the center of the image (in gray). The Dubuque Phase I can be seen at the right of the image. NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM. Northeast Corner of Dubuque Street and Prentiss Street Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level view looking North from the South Gilbert. Conceptual view showing the project located behind the Iowa Interstate Railroad. World of Bikes is located to the left of the image and Kennedy Plaza is right of the image. t - z NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM: Intersection of South Gilbert and Maiden Lane Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level looking South from The Rise on Linn Street. Conceptual view showing the project located behind various apartments along Court Street. Proposed building just visible through tree line at right -center of image. NEIGHBORHOOD POINT -OF -REFERENCE DIAGRAM: The Rise Courtyard along Linn Street Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level looking west from the intersection of Prentiss and Gilbert Conceptual view showing the project located behind 601 S Gilbert St. Although the proposed building is substantially larger than the existing building located at 601 S Gilbert Street, the site topography reduces the overall impression of the mass of the building. NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM: The intersection of Prentiss and Gilbert Section HEIGHT BONUS Height BONUS JUSTIFICATION FOR REQUEST REQUEST PER CODE: Per the City of Iowa City Riverfront Crossings District General Requirements, Article G, 14-2G-7, Section G: BUILDING HEIGHT PROVISIONS our team is requesting consideration for: The granting of additional bonus height in the amount of four (4) stories for the proposed building to be constructed at 315 East Prentiss Street. This would allow for construction of one 8 -story structure on the site which is the maximum allowed under the RIVER FRONT CROSSING: CENTRAL CROSSINGS SUB -DISTRICT. The code provides for a number of incentives for developments to incorporate features that provide both public benefits as well as important goals towards furthering the objectives of the overall downtown and Riverfront Crossings Master Plan. This project is eligible in a number of areas and we are specifically requesting to utilize two (2) different means in our overall request. Both of these areas is detailed in the subsequent sections to identify how we aim to achieve the associated goals. PUBLIC ART (14 -2G -7-G-6) HEIGHT BONUS FOR LEADERSHIP IN ENERGY EFFICIENCYAND ENVIRONMENTAL DESIGN (14 -2G -7-G-7) Level II design review will be required for this project. As a result, the requested Height Bonus will be put before both the City's Design Review Committee and the City Council. Public Art 14 -2G -7-G-6 NARRATIVE of ELIGIBILITY. Per item 14 -2G -7-G-6 of the Iowa City code, one additional floor of building height may be granted for a contribution to the City's public art program equal to one percent (1 %) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. Funds contributed shall be used by the City for public art within the Riverfront Crossings District as approved by the Public Art Committee. JUSTIFICATION of REQUIREMENTS: The Project Team believes that the project will improve the aesthetics and pedestrian experience along E. Prentiss Street. The creation of publicly accessible open space between the proposed building and the banks of Ralston Creek may lend itself to creating a location for public art. The team is looking forward to working with the members of the city's public art program to evaluate the opportunities to make the public art more than a check written to the city. Placing public art within the public space may add one more amenity and incentive to attract additional pedestrian traffic to the banks of Ralston Creek. REQUESTING: 1 floor Height Bonus for Energy Efficiency and Environmental Stewardship 14.2G -7-G-7 NARRATIVE of ELIGIBILITY: Per item 14 -2G -7-G-8 of the Iowa City code, up to four (4) additional floors of building height may be granted for projects that are designed to meet high standards with regard to energy efficiency and environmental stewardship, according to LEED or other similar environmental or energy efficiency rating system. In general, the higher the level of energy efficiency or environmental stewardship demonstrated, the greater the bonus. The amount of bonus granted will be based on the overall quality of the project. Bonus height may also be granted for projects that are designed to minimize the impact of stormwater runoff on the environment through the use of bioswales, rain gardens, green roofs, rainwater harvesting, and stream bank stabilization and restoration along Ralston Creek or the Iowa River, as described in the riverfront crossings district subarea plan adopted in April 2011. A long term maintenance plan must accompany any proposal for such green features. JUSTIFICATION of REQUIREMENTS: The Project Team believes that this property is uniquely situated to create a catalyst for the development of a pedestrian friendly and inviting place along Ralston Creek. The enhancements to Ralston Creek, the areas within the city right-of-way along Ralston Creek, and the floodway buffers associated with the waterway could serve as a greenway between Riverfront Crossings Park located at the south end of the District and E. Prentiss Street. The measures implemented on this Project could well be the template and standard for the numerous properties and projects located along Ralston Creek within Riverfront Crossings The Project Team is suggesting that the project go beyond the minimal measures required by adjacent CZAs (removal of invasive species and stream bank stabilization) and a fuller, bigger picture plan be implemented. Thsi plan could included pedestrian access directly to the waterway for canoe/kayak launch, stabilization with native vegetation or other measures that would ultimately result in a more sustainable and natural waterway, incorporation of a pedestrian access under the Iowa Interstate Railroad Bridge for future trail extension, inclusion of public education signage or components, and many other options. The project team truly believes that Ralston Creek is an amenity that has been overlooked and ignored for too long and welcome the opportunity to work with city staff and City Council to develop the right mix of amenities and improvements to the waterway and adjacent land. The building design will incorporate many features that are in accordance with the LEED certification system; however, consistent with City requirements, the Project Team will not seek LEED certification. REQUESTING: 3 floors requested (4 allowed) Height BONUS SYNOPSIS OF THE REQUEST NARRATIVE of ELIGIBILITY: The City of Iowa City code allows for ten (10) different methods for a developer to request additional height for a project. We are planning to make requests within two of these categories at the current time. # NAME 1 Public Art 2 LEED SECTION I ALLOWED REQUESTED JUSTIFICATION 14 -2G -7-G-6 1 1 1% of threshold value contribution 14 -2G -7-G-7 4 2 LEED Pursuant and Ralston Creek REQUEST NARRATIVE: Our team will be requesting the additional height for this project in order to maximize the site to its full potential. The project is consistent with the Master Plan and will create a strong anchor for the north end of Ralston Creek rehabilitation south of Downtown. REQUEST NUMBERS: 4 total floors requested FLOORS ALLOWED IN BASE ZONE = 4 FLOORS REQUESTED BY BONUS HEIGHT = 4 TOTAL FLOORS PROPOSED ACROSS THE SITE = 8 STAFF PRESENTATION TO FOLLOW: =11 i � 1 fir, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Item 10.a.: Regulating Plan Amendment -625 S. Gilbert Street ZCA19-03 An ordinance amending the Riverfront Crossing Regulating Plan to include the property located at 625 S. Gilbert Street in the Central Crossings Subdistrict. (First Consideration) Requesting an amendment to the regulating plan to include 625 S. Gilbert St in the Central Crossings Subdistrict rather than Gilbert District Proposed rezoning to RFC -CX Intended development is an 8 -story residential building Held a Good Neighbor Meeting on September 3rd Concept Plan r•� I1 � E PREHTISS-ST RESTORED RIPARIA VEGETATION (PRnPnsED'- �- I PROPERTY LINE RETAIN GRADFS M -H NATURAL MATERIALS FLCODWAY (FRO�MS CITY MAPPIVG:I�� 3U' FLOODWAY BUFFER TQsTMe OBBY, LLASING a MAIL (.GROUND LLVLLj : I -IR ROOM a FITNESS rl -RRA(F IFVFI <} MAIN PARKING ACCESS �g�� FROM LAS -MLN I 1. I T• 1`� a 5' FLOODWAY BUFFER SETBACK T o-R..:rr n g STORY BUILDING '� I .LE°=L 4; (5 RES1DEN IAL LEVELS. OVER' • 3 ` PARKING LEVE PUBLIC WALKWAY (AT GRADE] I- - 'PLAZA (AT GRADE L I, w. if 'OWA INTERSTATE RAILROAL, ACCESS FROM I t AF h .tel PAPCEL"A"AREA: •I. 1.60ACRES APARTMENTS: IIB UNITS 1 400 BEDS 7W NSFIUNDAYG 1047 HW15M AY 138, B W NRSF TOTAL LOBBY, LEASING & NAIL', 1.918 SF CLUBROOM 5 FFNES5: 5.5145F PARKING: 259 SPACES PROVIDED [249 RE PARKING PATIO: 1A5 SPACE !UNIT 1 0.65! DCI WE NY 51 Iw Form Based Code Regulating Plan Gilbert Subdistrict (Yellow): 625 South Gilbert Street Central Crossings Subdistrict (Pink): 305 East Prentiss Street 315 East Prentiss Street Form Based Code Regulating Plan Figure 1. Central Crossings Subdistrict Gilbert Subdistrict Land Uses Same as CB -5 zone; Same as C13-5 zone: -Provisional residential use -Provisional residential use -Most commercial use -Most commercial use -Provisional industrial use -Provisional industrial use -Most institutional and civic uses -Most institutional and civic uses Base Height Maximum 4 floors 3 floors Bonus Height 8 floors 5 floors Maximum Conformance with the Comprehensive Plan Compatibility with Existing Neighborhood Character Compliance with the Comprehensive Plan • # i Compliance with the Comprehensive Plan Figure 2. Central Crossings Gilbert Objectives; -Encourage contextual infill -Manage infill -Restore and enhance -Restore and enhance conditions along Ralston conditions along Ralston Creek Creek -Provide new housing options -Improve pedestrian and bicycle connectivity -Retrofit suburban development Development Character: -Integrate with South -District largely built out, no Downtown and Park major transformation north of subdistricts the railroad -Build on ongoing efforts to -Maintain smaller scale and improve quality residential lower intensity of use south of design the railroad. -Maintain moderate scale and intensity of use Multi -story residential buildings to the north, east, and west of the project site Railroad overpass to the south Massing studies submitted by the applicant show what the proposed building would look like from street -level Massing Study Rendered street -level view looking Southeast Rom the intersection ofDubuque and Prentiss. Rendered street -level view looking North from the South Gilbert Massing Study Rendered sheet -level hooking South from The Rfse on Linn Street Rendered sheet-levellookrng .e f hem the rnfersecfion ofPrc dfi .and Gilbert Traffic Implications and Access The access off of East Prentiss Street, as shown on the concept plan, is private property belonging to the adjacent property owner An access agreement will be needed with the adjacent property owner If an access agreement is not achieved, alternative access will be identified during design review Traffic Implications and Access Staff has proposed a condition addressing the need for the enhancement of pedestrian infrastructure along South Gilbert Street. i[i� t30�29 Floodplain Development will need to comply with the City's floodplain management regulations Floodproofing requirements and minimum floor elevations will be determined during site plan and building plan review Ralston Creek: 30' buffer between development activity and the Ralston Creek Floodway Sensitive areas site plan will need to be submitted Staff believes that existing stormwater infrastructure will be sufficient During the site plan stage, a further analysis will be made Zoning Code Text Change -Regulating Plan P&Z recommendation to City Council (September 2019) Rezoning from CI -1 & CC -2 to RFC-CX-P&Z Recommendation to City Council (September 2019) Bonus Height Level II Design Review -City Council Riverfront Crossings Form Based Code Design Review & Site Plan Review -Staff Planning &Zoning Commission Recommendation The Planning & Zoning Commission recommends approval of ZCA19-03, an amendment to the Riverfront Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossing subdistrict. STAFF PRESENTATION CONCLUDED CITY OF IOWA CITY 410 East Washington Street lova City, lova 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX ww",Jcgov.org Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. An ordinance amending the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossings subdistrict (ZCA19-03) WHEREAS, Capstone Collegiate Communities, LLC (hereinafter "Applicant") wishes to rezone 1.6 acres of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Community Commercial (CI -1) and Intensive Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and WHEREAS, the properties located at 305 and 315 East Prentiss Street are a part of the Central Crossings subdistrict of the Riverfront Crossings district and the property located at 625 South Gilbert Street is a part of the Gilbert subdistrict of the Riverfront Crossings district; and WHEREAS, the Downtown and Riverfront Crossings Master Plan envisions this site to be redeveloped to allow a mix of residential and commercial uses; and WHEREAS, the Central Crossings subdistrict is focused on residential development to address the need for housing close to downtown and; and WHEREAS, the Gilbert subdistrict is mostly built out to the north of the railroad and envisions the area south of the Iowa State Railroad to redevelop at a lower intensity; and WHEREAS, this property is located north of the Iowa State Railroad; and WHEREAS, the Applicant has proposed developing an 8 -story residential building on this site, which requires height bonus review and approval by the City Council; and WHEREAS, a multi -story residential building compliant with the Central Crossing subdistrict standards would be consistent with the Riverfront Crossings Master Plan and compatible with the existing neighborhood, which includes multi -family residential and commercial to the north, east, and south and multi -family residential to the west; and WHEREAS, the Planning and Zoning Commission has recommended approval of this amendment. Now, therefore, be it ordained by the City Council of the City of Iowa 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 Figure 2G-1: Regulating Plan for the Riverfront Crossings District to include 625 S. Gilbert Street in the Central Crossings subdistrict, as shown on the Regulating Plan attached hereto. B. Amend Figure 2G-2: Building Height Diagram for the Riverfront Crossings District to include 625 S. Gilbert Street in the Central Crossings subdistrict, as shown on the Building Height Diagram attached hereto. Ordinance No. Page 2 C. Amend Figure 2G-9: Subdistrict Locator — Gilbert to remove 625 S. Gilbert Street from the Gilbert subdistrict. 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, approv- al and publication, as provided by law. Passed and approved this day of 2019. MAYOR Appr ved by: fc cc7i'7/7X��� City Attorney's Office ATTEST: 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: Cole Mims Salih Taylor Teague "Thomas Throgmorton that the First Consideration 10/01/2019 Vote for passage: AYES: Mims, Salih, Taylor, Teague, Thomas, Cole. NAYS: Throgmorton. ABSENT: None. Second Consideration _ Vote for passage: Date published Legend Figure 2G-1 Riverfront Crossings Regulating Plan W Burlington 3f""'•"""' ' ` ""'""":"•.'"� 61urt St. v Harrison St j� 5 to iR m I a Wrigtmm.j t VZIL I Benton St. / Benlon St. d u U 1 Kirkwood Ave. t . South Downtown Subdistrict University Subdistrict {- Orchard Subdistrict Gilbert Subdistrict Park Subdistrict South Gilbert Subdsitrict West Riverfront Subdistrict Central Crossings Subdistrict so Public Parks and Open Space V�0 Green Space Primary Street _ 1 Required Retail Storefront — Required Ralston Creek Frontage CRiverfront Crossings Boundary university of Iowa Campus Pedestrian Street r ,a \ m. a m; !r � y � .tgK�i t� Prentiss St. VII, t W Burlington 3f""'•"""' ' ` ""'""":"•.'"� 61urt St. v Harrison St j� 5 to iR m I a Wrigtmm.j t VZIL I Benton St. / Benlon St. d u U 1 Kirkwood Ave. t . South Downtown Subdistrict University Subdistrict {- Orchard Subdistrict Gilbert Subdistrict Park Subdistrict South Gilbert Subdsitrict West Riverfront Subdistrict Central Crossings Subdistrict so Public Parks and Open Space V�0 Green Space Primary Street _ 1 Required Retail Storefront — Required Ralston Creek Frontage CRiverfront Crossings Boundary university of Iowa Campus Pedestrian Street Figure 2G-2 Riverfront Crossings Height Diagram r"�BdrliTlglal'S�" '. ., ou HIr, $00, town ■ 0", t. Legend _ 3 stories max. - 4 stories max. [ 2 stories min., 6 stories max. _ 2 stories min., 8 stories max. W 8 stories max. with Iowa River Frontage Public Parks and Open Space Green Space Figure 2G-9 Subdistrict Locator - Gilbert r� V.1 ftftJ MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 5, 2019-7:OOPM—FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Mark Signs, Billie Townsend MEMBERS ABSENT: Max Parson STAFF PRESENT: Sara Hektoen, Anne Russett, Jade Pederson OTHERS PRESENT: Mike Welch, Davis Maxwell RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. By a vote of 6-0 the Commission recommends approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. By a vote of 6-0 the Commission recommends approval of SUB19-09, an application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission September 5, 2019 Page 2 of 15 CASE NOS. ZCA19-03 and REZ19-07: Applicant: Capstone Collegiate Communities, LLC Location: 305 and 315 E. Prentiss Street and 625 S. Gilbert Street a. An application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. (ZCA19-03) b. An application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC). (REZ19-07) Anne Russett introduced Neighborhood Development Services planning intern Jade Peterson who is going to be presenting this case. Peterson stated this item includes two applications. These applications are submitted by Capstone collegiate properties LLC. The first application is for regulating plan amendments to include 625 South Gilbert Street and the Central Crossing Subdistrict, and the second application is for the rezoning of properties at 305 and 315 East Prentiss Street and 625 South Gilbert to Riverfront Crossing Central Crossings. Peterson showed an aerial view of the subject area. Ralston Creek runs along the west of the property and the Iowa State railroad is along the south. Currently on the subject property the land uses include residential, office and intense commercial. The zoning of the site is community commercial and intensive commercial. Similar zoning extends to the south, properties to the west and north are zoned Riverfront Crossings. The applicant is requesting an amendment to the regulating plan that would include 625 South Gilbert Street in the Central Crossing Subdistrict and they're also proposing a rezoning of the subject property to RFC -CX. Peterson added any future development will be subject to the affordable housing requirements since the proposed zoning will be within Riverfront Crossings. The applicant intends to develop an eight -story residential building. A Good Neighbor meeting was held on September 3. Next Peterson showed the development concept that was submitted by the applicant and their statement of intent. It shows an eight -story, 178 dwelling unit building. The building concept would have three lower levels for 259 residential parking spaces, and five upper levels for dwelling units. A bonus height request would need to be submitted for this concept. The requests will be reviewed by the staff form -based code design review committee as well as the City Council. The concept also shows improvements along Ralston Creek and a pedestrian way that connects to South Gilbert Street. Peterson stated the property falls within the downtown and Riverfront Crossings master plan. Moreover, the property falls within two sub districts of the Riverfront Crossings. 625 South Gilbert Street or the southern part of the property is within the Gilbert Subdistrict and the northern portion of the property 305 and 315 East Prentiss Street are within the Central Crossing Subdistrict. The regulating plan amendment asked to include 625 South Gilbert Street as a part of the Central Crossing Subdistrict. Peterson noted the two sub districts have distinctive objectives, regulations and standards that they follow. She showed a table with some of the most Planning and Zoning Commission September 5, 2019 Page 3 of 15 notable differences and similarities between the Central Crossings and Gilbert Subdistricts. As far as land use goes, the two subdistricts are nearly the same and follow the CB -5 zone. The base height maximum is one floor less in the Gilbert Subdistrict then in Central Crossings and the bonus height maximum that can be achieved from bonus height provisions differs by three floors. Staff use two criteria to review the regulating plan amendment and rezoning application. The first is compliance with the Comprehensive plan and the second is compatibility with the existing neighborhood. With regards to the compliance with the Comprehensive Plan to subject property is located in the Downtown and Riverfront Crossings Master Plan, which envisions the site to be redeveloped to allow a mix of residential and commercial uses. Staff used comparisons of the two subdistricts to evaluate the regulating plan amendment application. Peterson showed a table that outlines objectives and development character of the two subdistricts. The Central Crossing Subdistrict is more focused on residential development to address the need for housing close to downtown. The Gilbert Subdistrict is mostly built out to the north of the railroad and envisions that area south of the railroad to redevelop at a lower intensity. In terms of scale and intensity of use the Central Crossings wishes to maintain moderate scale, while Gilbert wants to maintain smaller scale south of the railroad. Both subdistricts have objectives to restore enhance conditions along Ralston Creek. Staff is proposing a condition to this rezoning that requires improvements to be made along Ralston Creek that will encourage having the creek as asset as well as fulfill an objective of the District Plan. The condition will require improvements including the removal of invasive species, stream bank stabilization and tree planting. Peterson stated the second review criteria that staff uses to review this application is compatibility with existing neighborhood. The surrounding neighborhood has residential multi- story buildings to the north, east and west of the project site, a raised railroad and an overpass are to the immediate south. Massing studies were submitted by the applicant and their statement of intent and these studies show what an eight -story building would look like on the site from the street view. Since the site has a lower elevation, the scale of the proposed building is similar to the surrounding multi -story buildings. Peterson showed images that were submitted by the applicant and their massing study. One shows a view looking southeast from the Dubuque and Prentiss Streets intersection. Another image shows a view looking north on South Gilbert. Additional images that were submitted, looking south from the RISE and looking west from the Prentiss and Gilbert Street intersection. Next Peterson discussed traffic implications and access, the access on East Prentiss as shown on the concept plan is actually private property belonging to the adjacent property owner and an access agreement will be needed with the adjacent owner in order to utilize the access. In the case that an access agreement cannot be achieved, alternative access will need to be identified during design review. Staff is proposing conditions to be attached to the rezoning that are related to access and traffic. One of the conditions addresses the need for the enhancement of pedestrian infrastructure along South Gilbert Street. The condition requires dedication of right-of- way along the southern property line to allow the City to reconfigure the sidewalk. This will allow an additional buffer between pedestrians and vehicle traffic. Condition two requires provision of an access easement from manhole for a trunk sewer located near the southwest corner of the subject property. Condition three requires the provision of an access easement for a sanitary sewer line that runs through the old Maiden Lane right-of-way located in the southeast portion of the property. Planning and Zoning Commission September 5, 2019 Page 4 of 15 Peterson noted Ralston Creek is an environmentally sensitive area and borders the property to the west. Any development on this site requires a 30 -foot buffer from the Ralston Creek floodway. A sensitive area site plan will need to be submitted for any development on the subject property. The Ralston Creek 100 and 500 year floodplains both cover some of the property. Because of this, any development needs to comply with the City's floodplain management regulations. Flood proofing requirement and minimum floor elevations will be determined during site plan and building plan review. As far as the stormwater management of the site goes, staff believes that it will be handled by the existing storm water infrastructure which staff believes is sufficient, but further analysis will be made at the site plan stage. Peterson stated the role of the Commission for this case is to determine whether the rezoning and regulating plan amendment complies with a Comprehensive Plan and is compatible with the existing neighborhood character. Next steps pending Planning and Zoning Commission recommendation of approval this case will go to a public hearing at City Council and pending City Council approval the applicant can submit a height bonus request. Staff recommends approval of ZCA19-03, an amendment to the River Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossings Subdistrict. Staff also recommends approval of REZ19-07 a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial and Community Commercial to Riverfront Crossings Central Crossings, and this will be subject to the following conditions. 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Hensch asked if the property adjacent immediately west of the property along Ralston Creek that the Commission rezoned some months ago has the same conditions on that property regarding Ralston Creek as being placed on this property. Russett confirmed they did carry that same condition forward to this rezoning. Hensch also noted because there's quite a severe elevation change from Dubuque Street and Gilbert Street and then going down Prentiss Street and wondered what are those elevation changes? If they are talking about a bonus height of how far down that the area already is just by the topography? Russett is not aware of the elevation changes, but perhaps the applicant might have some information on that. Dyer asked if Staff found out about the affordable housing in Riverfront Crossings. Russett replied she did look into that and has an update. Since the Riverfront Crossings form -based code was adopted through various development projects, the City has required that 94 units be affordable within the Riverfront Crossings District and so far 60 of those units have been built. In terms of the fee in lieu paid, there were two projects that provided a fee in lieu and the total that Planning and Zoning Commission September 5, 2019 Page 5 of 15 City has in the pot for affordable housing is just over $808,000 and that money does need to be spent within Riverfront Crossings. Martin asked of the 60 units, how many are occupied? Russett will have to look into that. Hensch asked if the number of built units includes the Delray development (the one right on the railroad tracks on Dubuque, by the other Hodge properties). Russett said it does not. Hensch noted the number of units will go up quite a bit. Baker asked at what point in the process, and who's responsible for approving the final exterior design? Russett stated it is addressed during the design review phase so the applicant after the rezoning would submit a design review application to staff and they would review that. In this case, since the applicant is requesting a bonus height, it has to go to the City Council for final review and approval. Baker also asked about the pedestrian walkways, and who's responsible for maintaining that now and in the future? Russett noted it is a right-of-way so it's the city's responsibility. Hektoen stated the adjacent property owners maintain the sidewalk, by state law, adjacent property owners are responsible for maintaining the sidewalk. Baker stated he has a personal concern when you look at sidewalks like this, that have no buffer between the street and the edge of the sidewalk, there needs to be some sort of railing or something there and who's responsible for that? Russett stated that's the same concern that staff has so that's why they are requesting that the applicant provide additional right-of-way in that area, because the City's hope is that eventually the sidewalk will go behind the bridge abutment to provide a buffer between the pedestrian and vehicle traffic instead of in front of the bridge abutment as it is currently. The City would eventually be re-routing that sidewalk but it's not something that is funded at this point. Baker noted there will be an increase in the population down there and it just seems like that the City should at least install a temporary railing, some sort of buffer there to coincide with the completion of the project, even though the City will change the location of the sidewalk eventually. Baker noted the City has this problem over on Riverside as well and he doesn't want to see it cropping up more and more. Hensch asked about the condition regarding the steam bank stabilization, including necessary grading in addition of riprap, does the City specify the riprap because he would hate to see a bunch of broken up concrete. Hektoen said Public Works will review the plans and approve the materials. Hensch opened the public hearing. Mike Welch (Axiom Consultants) is representing Capstone Collegiate Communities. Additionally, Davis Maxwell is here with Capstone tonight. Welch started by saying they held a good neighbor meeting, and with a much lower turnout, as you can imagine most of the properties within that 200 foot radius are rental properties. Most of the building owners and property owners are other developers in the area, so they are aware of the project and don't have any concerns. With regards to item A, the regulation plan change, he wanted to make a couple of points. First the South Gilbert district extends up Gilbert, which makes sense until you look at these three properties and you see that the property 625 Gilbert Street is bordered on the south by the tracks and on the west by Ralston Creek and really does seem to fit in the intent of Central Crossings Planning and Zoning Commission September 5, 2019 Page 6 of 15 more with the residential. He also thinks the Clark building, that's the little to the east is also residential. Therefore it seemed that moving that into Central Crossings District just seemed to make sense as the railroad tracks are a natural buffer there. Additionally in the design and in the concept plan at this point, they aren't planning to have any frontage access off South Gilbert. There currently is a shared driveway and the property line splits the center of the driveway, that will be maintained but not a primary access point for the proposed building. They are in favor of the condition for the additional right-of-way to give the Cty the option in the future to reroute the sidewalk. Welch continued on with item B and stated two years ago on when Davis came and wanted to do this project, it was a really exciting project for the neighborhood. It became apparent while working through the Riverfront Crossings Code they would have to do height bonus. Since they don't meet the student housing because they are not close enough to campus there's a bunch of those bonuses that aren't available, so the one that that became available to them was public art, which gets them one floor. The others were the LEED credits and this project is really tailored for those. Welch didn't get into too many details because that will happen at design review and height bonus review. However he shared Capstone will do as part of their project energy efficiency, sustainability, because they own the buildings for the long haul. They're not building it, to sell it, they're building it to own it and so they have a vested interest in in that long-term performance of the building and for their tenants. The other part that that is exciting is Ralston Creek and we really see Ralston critique as an opportunity to create another amenity that helps separate them from the other properties in the area. We are interested in working with staff and the City to see how they can make Ralston Creek more accessible to the public. One item that was on that site plan is a proposed connection from Gilbert Street around the south side of the building and up to Ralston Creek. Not only is that a nice feature on the site, but if someone is walking on Gilbert Street it gives them a way to kind of cut through and avoid going up and over the hill on Prentiss Street there. Regarding the comment about riprap, unfortunately, they are involved in the project on the west side and that is the route that they intend to go again. In the statement of intent, there is a kind of a rendering or a cross section in there that the landscape architect on the team helped them put together. It is a pretty ambitious goal but it is the direction they want to go and really creating a natural kind of inviting area if there's space. Right now they are working with some floodplain buffers and some stormwater retention and mitigation measures in there. Welch also pointed out it is important to understand is the massing of this building and how it fits in that neighborhood. He does not have the exact elevation difference, but recalls from the Prentiss Street Bridge to the intersection of Dubuque and Prentiss there is likely a 25 to 30 feet elevation change there. Hensch stated a slide of that information would be very effective because the massing concepts are really good but to be able to illustrate that that difference of elevation, because that's like two and a half floors would be helpful. Welch noted in that statement of intent on page nine, there is a schematic section that cuts down Prentiss Street there. There is 620 Dubuque, which is the highest building on the corner of Dubuque and Prentiss and the elevation of the top at 736, that's the height of the eve on that Planning and Zoning Commission September 5, 2019 Page 7 of 15 building. 225 Prentiss, which is the one that's currently being built on the west side of Ralston will be at 710. With the building they are proposing at the top of that eighth floor it would be around 742. So they are only six feet above the building on Dubuque Street even though they eight floors instead the four they have from grade. The other image worth noting is the view from The Rise from that corner at Court and Linn and you look at it and you don't see a building, you just see trees. It's just kind of sticking out above the trees back there. Again, it's one of those that that as you get further away, you really can't see the building. Welch concluded by stating the conditions seem acceptable. The only one they may need to work with the City on is the sewer easements, just depending on the building, it could be an easement or a realignment might be necessary to make that work. Welch is comfortable they can work that out with staff during the design process to address. Hensch stated when he walked and drove through that area it looks like virtually anything you do will decrease the amount of impervious surfaces in there. Is that your estimation? Welch replied that yes, they are working with the Clarks to get that access easement off of the alley and in doing so would get rid of that long curb cut in front of the City Electric building that's there now. That would then be a more typical street, grass or vegetated parkway of some kind, and then sidewalk. They haven't really looked at the landscaping on the north side of the proposed building, but there'll be an opportunity there for enhancing the streetscape will be an improvement for what's there today. Hensch asked if they had developed a new preliminary estimation of which level of LEED they will use, silver, gold, platinum? Welch stated any LEED certification no matter what level you go to ends up being a pricey process. For a residential building, you don't really see a return on investment from spending the money to get this certification however they will incorporate the same principles of LEED and use the LEED prerequisites and checklist to guide the design and incorporate those items. They we will not be pursuing a LEED certification. Dyer noted the applicant is asking for a bonus based on LEED. Welch confirmed that is correct, but to clarify the way the Code reads is you can still get the credit by doing the items and verifying that the items are done without going through the LEED certification process through the Green Building Council. Russett confirmed for the bonus height, it's called the LEED bonus height, but certification is not required. And it also talks about environmental aspects that could be made to the project and the applicant is also proposing those improvements along Ralston Creek. So there is some flexibility in options that could be incorporated that relate to energy and sustainability and the environment in that bonus height option. Dyer asked then if the City will really test for LEED qualities, will they do blower door tests and other things to verify that LEED standards have been met. Hektoen said with the Chauncey the City had their architect provide us with a certification saying this meets all of these standards and it was constructed in accordance with these plans. The City relied upon their experts. Dyer believes if they are getting a bonus then the city should take some responsibility. Hekteon stated that inspections are done, but the City doesn't have the same kind of expertise on staff to do the kind of work that the architects and the engineers. Dyer asked why the project had to have a height bonus. Welch responded it was the economics of the of the property to meet the parking requirements on site to get the density that justifies the Planning and Zoning Commission September 5, 2019 Page 8 of 15 land cost and the building cost. The other option would be to redevelop as a standalone building with surface parking, that wouldn't be the best use for a property that's 1200 feet from campus and close to downtown. Dyer asked if they considered keeping the Gilbert Street designation for Riverfront Crossings so that that part would be lower? Because the point on Gilbert Street is to have lower buildings? Welch said they did look at that, but there is a step back on Gilbert Street and so your kind of back behind that railroad abutment before you get to the full height of the building. Welch stated as you as you look at that transition the railroad tracks on South Gilbert makes that area a natural transition. The trees will screen and soften the height of the building there as well. Dyer noted along Gilbert Street it will still be eight stories and an alternative would be to accept the Gilbert Street District requirements for the part of the building that faces Gilbert Street. Davis Maxwell (Capstone Collegiate Communities, LLC) stated as a student housing development company, they do business all over the country. This is one market that they are very interested in to provide quality housing for the students who attend the University of Iowa, but also anybody can live here as well. It's not solely for the students at the University of Iowa, that's just target market. Hensch asked if this was their first foray into the Iowa City Market? Maxwell replied it was. Dyer asked what is their intent with regard to affordable housing? Will they have it in their building? Maxwell stated they are currently marketing roughly 10% of the units to be affordable. Hensch closed the public hearing. Signs moved to recommend approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. Additionally, Signs moved to recommend approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Townsend seconded the motions. Planning and Zoning Commission September 5, 2019 Page 9 of 15 Hensch acknowledged kudos to Axiom because of their very nicely structured and comprehensive report that he believes made it very easy to understand things. It was very nice to see those massing concepts, because that is always an issue. He is also very pleased to see that we're turning Ralston Creek into being treated as more than just a drainage ditch, get it back to be treated as a natural resource, which of course is an element of this whole area. He acknowledged there's a lot of issues with height but given the change in elevation it is really going to help mitigate the appearance of mass for this project. And then the higher elevation on Gilbert Street right next to the railroad tracks looking up from the sidewalk on Gilbert Street, looking up to those railroad tracks, it's pretty substantial up there, then that helped, again, would create that illusion of mitigation for that height. So he thinks those are some just features in that area that really soften the mass and scale of the building. Overall it's an improvement and currently there are too many impervious surfaces in the area, so anything done will improve that. Hensch is in favor and will support this application. Signs agrees and doesn't have any problem with the height in the scheme of things. He hears Dyer's concerned about Gilbert Street, but he drives that route every day and never look at that space, he's always looking at the curb going north. Dyer noted that part is intended for pedestrians to not have the sense of a big mass right next to them. One concern she has is blocking the light to the apartment building that's on the corner of Prentiss and Gilbert Street and hope there's something other than a flat glass wall to look at. Dyer also noted her continued frustration that they don't see any building designs and they don't know what little what it will look like. Hensch also appreciated that a good neighbor meeting was held. He wants to recognize people who do that because he thinks that is the spirit of the commission and they hope for community input. Townsend stated she is very pleased to hear that they are going to have the affordable housing piece in there and not pay the fee in lieu, she thinks that's very important for that area. Dyer asked if it would be possible to amend that fifth condition to make it that the affordable housing is on site and not make it an option? Hensch asked isn't it by Code that they have the option of either the number of units or the fee in lieu of because the fee in lieu of has to be spent and Riverfront Crossings? So the actual effect will be the same over time? Hektoen confirmed that and also noted technically speaking, this is a code requirement. We included in the list of conditions just so the applicant is reminded of that obligation. It is not necessary to include it as a condition of the rezoning. The code allows for these various options because a lot of times the applicants don't have their plans fully fleshed out at this stage and that's that was the rationale between allowing these different options. Dyer asked if for this project could it be limited to take out the option. One concern she has is this is pretty close to campus and fees in lieu could be spent way down at the other end by Highway Six, which is a lot different location, it's like half a mile farther away from campus. Signs shares that concern in general however the developer indicated his intent was to have on site affordable housing. Would you have any problem with us taking out the fee in lieu part of that of that clause? Hektoen said it is difficult for the Commission to go down that path without Planning and Zoning Commission September 5, 2019 Page 10 of 15 further analysis of what actually distinguishes this from any other property in the Riverfront Crossings. As you guys know the conditions imposed on rezoning are supposed to meet public needs that are generated by this rezoning. The City has established the affordable housing requirements for the entire Riverfront Crossings area and ordinances been passed that allow the fee to be spent anywhere in the Riverfront Crossings area not just in each subdistrict so without further analysis of the uniqueness of this situation, she cautions the Commission against deviating from the existing structure. A vote was taken and the motion passed 6-0. CASE NO. SUB19-09: Applicant: The Governor Group, LLC Location: South of Southgate Avenue between S. Gilbert Street and the Crandic Railroad An application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad. Russet began the staff report showing a map of the location of the property. It is located on South Gilbert Street just south of Southgate Avenue and then the CRANDIC is the eastern boundary of the site. The area is all zone CI -1. In terms of the background on this application, there's one existing building on the proposed lot one and the subdivision will allow new commercial development on lot two. The applicant chose not to use the good neighbor policy for this subdivision. In terms of the Comprehensive Plan, both the Comprehensive Plan in the South District Plan identified this as appropriate for commercial development. Russett showed a map of the plat. There are two proposed lots one and two, and then to the south there's outlot A which will be used for stormwater management. There's also wetlands in that outlot. In terms of transportation, the property is accessed via South Gilbert and Southgate Avenue. There's an existing sidewalk along South Gilbert and the preliminary plat shows proposed sidewalks along Southgate Avenue. There's also bus service to this site. The property is within the floodplain. The entire property is located within the 500 year flood plain and most of the property is within the 100 year flood plain. The developer plans to fill this entire site to the 100 year flood plain elevation and any development would need to comply with the city's floodplain management ordinance. As mentioned there are wetlands on the site, there's a total of 0.08 acres of wetlands, all at the southern part of the project site within outlet A. The sensitive areas ordinance does require a 100 foot buffer from all wetlands but also provides an option for reducing that buffer through buffer averaging. The applicant has proposed buffer averaging to decrease the buffer by 50 feet around one wetland located at the north eastern portion of the preliminary plat. The applicant has proposed to remove around 2500 square feet of that buffer and add an additional 16,792 square feet of buffer around the larger wetlands to the southwest of the preliminary plat. The buffer is being requested because the combined size of the wetlands is less than 1/10th of an acre and the buffer averaging would increase the size of the buffer around the majority of wetlands. Also, the wetlands are not buffered to the east because the CRANDIC railroad is on the east side. Also the reduced buffer is on the opposite bank of the drainage ditch and outside Item Number: 10.b. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org October 1, 2019 Ordinance conditionally rezoning approximately 1.6 acres of land located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). (REZ19-07). 01 WETa:ILTi14011& I Description PZ Staff Report w Attachments PZ Preliminary Minutes Rezoning Ordinance Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ19-07 / ZCA19-03 E Prentiss & S Gilbert GENERAL INFORMATION: Applicant: Property Owner: Requested Action: Purpose: Location: Location Map: Boni C ®L9�hl' �C•C`T - �; w 19T F. j/ STAFF REPORT Prepared by: Jade Pederson, Planning Intern and Anne Russett, Senior Planner Date: August 15, 2019 Davis Maxwell Capstone Collegiate Communities, LLC 431 Office Park Drive Birmingham, AL 35223 dmaxwell@capstonemail.com 205-414-6438 Boyd Investments 625 S Gilbert Street Iowa City, IA 52240 319-321-5152 Regulating plan amendment from Gilbert Subdistrict to Central Crossings Subdistrict Rezoning from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). Redevelopment of the site per the Riverfront Crossing's form -based code 305 & 315 E Prentiss St. & 625 S Gilbert St. Iowa City, IA Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: K 1.6 Acres Two office buildings zoned Intensive Commercial (CI -1) and one apartment zoned Community Commercial (CC -2) North: RFC -SD — Riverfront Crossings -South District (Office and Commercial) PRM — Planned High Density Multi - Family Residential (Condominiums) South: CC -2 — Community Commercial (Mixed - Use and Commercial) CI -1 — Intensive Commercial (Office) East: RM -44 — High Density Multi -Family Residential (Residential) CC -2 — Community Commercial (Commercial) West: RFC -CX — Riverfront Crossings -Central Crossings (Multi -family residential) Downtown and Riverfront Crossings Master Plan C7 Property owners located within 300 feet of the project site received notification of the Planning and Zoning Commission public meeting. August 1, 2019 September 16, 2019 The applicant, Davis Maxwell representing Capstone Collegiate Communities, LLC, has requested the following: 1. An amendment to the Riverfront Crossings regulating plan (14-2G-2): The project site is located within the Central Crossings and Gilbert Subdistricts of the Riverfront Crossings District. The properties located at 305 and 315 East Prentiss are within the Central Crossings Subdistrict while the 625 South Gilbert Street property is within the Gilbert Subdistrict. The applicant has requested that the regulating plan be amended to include the 625 South Gilbert Street property in the Central Crossings subdistrict. 2. A rezoning from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX) for 1.6 acres at 305 and 315 East Prentiss Street and 625 South Gilbert Street. 3 At the time this staff report was published the applicant had not held a good neighbor meeting. ANALYSIS: Current Zoning: Zone District. - The property at 305 East Prentiss Street is currently zoned Community Commercial (CC -2). The additional two properties, at 315 East Prentiss Street and 625 South Gilbert Street, are currently zoned Intensive Commercial (CI -1). The purpose of the Community Commercial (CC -2) zone is to provide services, that are in a major business district, to a significant portion of community. The primary uses of the CC -2 zone are for commercial, retail, and office. The Intensive Commercial Zone (CI -1) zone is intended "to provide areas for those sales and service functions whose operations are typically characterized by outdoor display and storage of merchandise, repair and sales of large equipment or motor vehicles, outdoor commercial amusement and recreation activities, or by operations conducted in buildings or structures that are not completely enclosed." Residential uses are not an allowed use in the CI -1 zone. Regulating Plan: The project property falls into two different subdistricts of the Riverfront Crossings District. The lot located at 625 South Gilbert Street is in the Gilbert Subdistrict and the lots located at 305 and 315 East Prentiss Street are in the Central Crossings Subdistrict. While the two subdistricts do still fall within the same general guidelines of the Downtown & Riverfront Crossings Master Plan, they both have distinctive objectives, regulations, and standards that they follow. The most notable differences and similarities between the subdistricts include standards pertaining to land uses, base max height, and max bonus height. Figure 1 shows some of the standards of the Central Crossings and Gilbert Subdistricts. Figure 1. Central Crossings Subdistrict Gilbert Subdistrict Land Uses Same as CB -5 zone: Same as C13-5 zone: -Provisional residential use -Provisional residential use -Most commercial use -Most commercial use -Provisional industrial use -Provisional industrial use -Most institutional and civic uses -Most institutional and civic uses Base Height Maximum 4 floors 3 floors Bonus Height 8 floors 5 floors Maximum ri Proposed Zoning: Zone District.• The proposed Riverfront Crossings — Central Crossings Subdistrict (RFC -CX) zone is "intended for moderate intensity mixed use development in buildings with entries opening onto pedestrian friendly streets and sidewalks." Other properties that surround the subject property and have the RFC -CX zone are to the west. RFC -CX allows most of the uses permitted in the Central Business Support (CB -5) zone: eating establishments, office uses, retail and service uses, and residential uses. This zone permits a variety of residential building types, including apartment buildings, townhouses, and mixed-use buildings. There are no restrictions on the residential density for this zone, however, there is limitations on maximum building height. The maximum building height is four stories, with an upper story setback of ten feet required along street frontages above the third story. There are opportunities for bonus height provisions up to an eight -story maximum. The attached development concept included in the applicant's statement of intent shows an 8 -story, 178 -dwelling unit building [Attachment 3]. The building concept would have 3 lower - levels for 259 residential parking spaces and 5 upper -levels for dwelling units. The concept also shows improvements along Ralston Creek and a pedestrian way that connects to S. Gilbert Street. The applicant will be requesting building height bonuses on the basis of Public Art, which allows one additional floor, and Leadership in Energy and Environmental Design, which allows up to four additional floors. A bonus height request of four stories would need to be reviewed by the staff Form -Based Code Design Review Committee prior to review and approval by the City Council. Projects zoned Riverfront Crossings and with residential uses are subject to the private Open Space Requirements of The Riverfront Crossings and Eastside Mixed Use Districts Form Based Development Standards. These require that open space shall be provided at a ratio of 10 square feet per bedroom. The proposed development will be conducted with this requirement and verified at Design Review. Since this proposed zoning would be within Riverfront Crossings if it is approved, all future development will be subject to the Affordable Housing Requirement. The development would be required to designate 10 or more percent of dwelling units as affordable housing units. Alternatively, a fee in lieu may satisfy the requirement and would be put into an affordable housing fund. Regulating Plan: The applicant has proposed a regulating plan amendment. Specifically, the request is to include approximately 0.5 acres, located at 625 South Gilbert Street, in the Central Crossing subdistrict. This area is currently identified on the regulating plan as within the Gilbert subdistrict. Figure 1 on the previous page displays the most notable standards of the two subdistricts. Existing Land Uses: The subject property is the former site of City Electric. The site also contains at least two residential uses, office uses, and some more intense commercial uses. Directly to the north, east, and west are multi -family residential buildings. The Iowa State Railroad runs to the 5 south of the subject lot. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; and 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The subject property is located in the Central Crossings and Gilbert Subdistricts of the Downtown and Riverfront Crossings Master Plan. The southern portion resides in the Gilbert Subdistrict and the larger, northern portion resides in the Central Crossings Subdistrict. The table below outlines the objectives and development character of the two subdistricts per the master plan. Figure 2. Central Crossings Gilbert Objectives: -Encourage contextual infill -Manage infill -Restore and enhance -Restore and enhance conditions along Ralston conditions along Ralston Creek Creek -Provide new housing options -Improve pedestrian and bicycle connectivity -Retrofit suburban development Development Character: -Integrate with South -District largely built out, no Downtown and Park major transformation north of subdistricts the railroad -Build on ongoing efforts to -Maintain smaller scale and improve quality residential lower intensity of use south of design the railroad. -Maintain moderate scale and intensity of use Due to the proximity of Ralston Creek, both subdistricts have objectives to restore and enhance the conditions along Ralston Creek. The Central Crossings District goes a step further and has a key goal to turn the creek into an asset that will stimulate development along its banks. This will encourage new residential development and also provide open spaces along the creek. Additionally, Central Crossings strives to maintain moderate scale and intensity of use as a development characteristic. The Gilbert Subdistrict differs from the Central Crossings Subdistrict in this aspect. One of the development character points of the Gilbert Subdistrict is to "maintain smaller -scale and lower intensity of use south of the railroad." The subject property, more notably the southern part of the subject property, falls on the northern side of the railroad where the envisioned intensity is not stated. In the Gilbert Subdistrict, the northern side of the railroad calls for no major transformations. By rezoning the subject property into a zone that allows residential uses, residential development will be encouraged along the creek. Therefore, staff is proposing a condition L1. to the rezoning to require improvements along Ralston Creek including removal of invasive species, stream bank stabilization, and tree planting subject to review by the City Forester. Compatibility with the Existing Neighborhood Character. - The development resulting from this rezoning would be compatible with the other multi- story buildings and new residential development surrounding the subject lot. The property on the west side of Ralston Creek, adjacent to the subject property, was rezoned to RFC -CX and the Form -Based Code Design Review Committee approved a 4 -story building, which is currently under construction. Across E. Prentiss Street and to the north of the subject property there is a five -story multi -use building. To the east of the subject property is a three-story apartment building. Massing studies submitted by the applicant [Attachment 31 conceptually show what the proposed 8 -story building will look like from the street -level view of all directions. Due to the lower elevation of the subject property the scale of the proposed building is similar to that of the surrounding properties. Traffic Implications and Access: The concept plan for the site shows access to the proposed building off of both E. Prentiss Street and S. Gilbert Street via existing curb cuts. An access agreement will need to be executed with the adjacent property ownerto utilize these access points. Although the access off of E. Prentiss St. appears to be an alley it is actually private property. Should an access agreement with the adjacent property owner not be achieved, alternative access to the site will need to be identified through the design review process. Additionally, staff is recommending a condition to obtain additional public right-of-way along S. Gilbert Street. The additional right-of-way will allow the City to reconfigure the sidewalk along S. Gilbert Street. Currently, the sidewalk is adjacent to the curb. Staff would like to push the sidewalk further west to provide an additional buffer between pedestrians and vehicular traffic. There are a couple of utility structures for which staff has requested access easements for any necessary future maintenance. One of these easements is necessary for access to a manhole for a trunk sewer located just inside the Ralston Creek right-of-way, near the southwest corner of the subject property. The other easement is needed for access to a sanitary sewer line that runs through the old Maiden Lane right-of-way, through the southeast portion of the subject property. Environmentally Sensitive Areas: Ralston Creek, to the western edge of the subject property, is an environmentally sensitive area. The City's Sensitive Areas Ordinance requires a 30 -foot buffer between development activity and the Ralston Creek floodway. Once a licensed engineer determines the floodway, a 30 -foot buffer will start at the edge of the floodway. A sensitive areas site plan will need to be submitted with the floodway and buffer delineated. Floodplain: The 100- and 500 -year floodplains of Ralston Creek, determined by FEMA, both encompass some of the subject property. Any development will need to comply with the City's floodplain management regulations. Floodproofing requirements and minimum floor elevations will be determined during site plan and building plan reviews. VA Storm Water Management: Staff anticipates that the existing stormwater infrastructure will be able to accommodate runoff from the proposed development. At the site plan stage staff will analyze whether the re -development of the site results in an increased amount of impervious surface. This is unlikely, since the current site is nearly all impervious. NEXT STEPS: Upon recommendation of approval from the Planning and Zoning Commission, a public hearing for the consideration of these applications will be scheduled with the City Council. Pending approval by the City Council, the applicant may submit plans for review by the Form - Based Code Design Review Committee. A request for a 4 -story height bonus would need to be reviewed by the Form -Based Code Design Review Committee, which would make a recommendation to the City Council for final review. STAFF RECOMMENDATION: Staff recommends approval of ZCA19-03, an amendment to the Riverfront Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossing subdistrict. Staff recommends approval of REZ19-07, a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX), subject to the following conditions: 1) Prior to issuance of a building permit, Owner shall dedicate right-of-way along the west side of S. Gilbert Street. The additional right-of-way needed is approximately 20' in width at the southern property line and 0' at the northern property line. 2) Provision of an access easement for City Wastewater Division vehicles and equipment to access the manhole for the trunk sewer located near the southwest corner of the subject property. 3) Provision of an access easement for City access to the sanitary sewer line that runs through the former Maiden Lane right-of-way through the southeast end of the subject property. 4) Improvement of Ralston Creek in accordance with the Form -Based Development Standards for Riverfront Crossings as follows: 1. Removal of invasive trees. 2. Stream bank stabilization including necessary grading and addition of rip -rap. 3. Planting of trees in accordance with a plan approved by a City forester. 4. Dedication of temporary construction easements for the reconstruction of the Prentiss Street Bridge. 5. The above work shall be done according to a plan prepared by the Owner and approved by the City Engineer prior to the issuance of a building permit. 5) Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the N. provision of on-site owner -occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on- site or as otherwise agreed to between Owner and the City. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. 315 E. Prentiss Street, Statement of Intent, Dated July 2, 2019 Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY RFC SD RFC SD RFC -SD y Krc-,�u i, RM44 RM44 RM44 RM44 RM44 KIvi i KIVJIZ W gF -SD t �" RM44 I RM12 RFC -SD RM44 RM44 RM44 �i RFC -SD , -RFC-SD RFC -SD RM44 i. 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RS8 m ' RS8 RS8 RS8 cn RS8 RS8 —G--- � � y RS8 RS8 z P1 P1 RS12 An application submitted by Davis Maxwell, Capstone Collegiate Z � W RS8 RSE� RS12 RS12 Communities LLC for the rezoning of approximately 1.6 acres at 91 o RS8 m °Rss RS8 RS8 Rss W RS12 RS12 VI 305 & 315 E Prentiss St & 635 S Gilbert Street from Communityi RS8 ?' Z *- Tee � PAGE ST 1, RS8 RS8 m8 - _ `'RS8 A RS8 RS8 RS8 Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront cllRss „RSA ? RS8 x, U) _� RS8 RS8 RS8 RS8 T7.1 tit" RS8 RS8 RS8 RS8 »- RSE Crossings - Central Crossings Subdistrict (RFC -CX). _ Rs8 Rss _ -' = RS8 RS8 $ R ��RS8 8 " RS8 RS8 'a RS8 RS8 RS8 ri1 r `. - C11 RSR �: RS8 Rosi sfiR RS8 # RS8 RCR R¢R RS8 RS8 e LU -IARRISON ST a - q +, f 'I ° •4 �� a � �z � '' J� � i { E PRENTISS ST P n �: l fid` ��• :d Ca LU Q WRIGHT r b U • Y��Y_ Jl ' w J c] 07 - �+ U) - 'U) IJ - V erre:. 1 • / P C Lit w ` LAFAYET TE ST An application submitted by Davis Maxwell, Capstone Collegiate Communities LLC for the rezoning of approximately 1.6 acres at 305 & 315 E Prentiss St & 635 S Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings Subdistrict (RFC -CX). CITY OF IOWA CITY r � E .� ftL.-34 i Ate^• i ;J4 1 - r J z t W I VeW 0 a � m Q Z e �Vi R" s CITY OF IOWA CITY r � E .� ftL.-34 i Ate^• i ;J4 1 - r DEVELOPER: SUBMITTED TO: Planning Staff JULY 2, 2019 315 East Prentiss Street INTRODUCTION On behalf of Capstone Collegiate Communities and their Project Team, I am pleased to present to you our vision for the re -development of the properties located at 305 & 315 E. Prentiss and 625 S. Gilbert Street in Iowa City. Commonly referred to as 315 E Prentiss, the project promises to be a vibrant addition to Iowa City and the River Front Crossings District. The project will deliver high-quality, residential housing to a property that is on the east bank of Ralston Creek and currently used for an industrial use . The new residential tenants will be located close to public transportation, surrounded by highly regarded, locally owned dining establishments, and within a 10 - minute walk of downtown. All parking for the project will be located within the building footprint and the 4th level of the building will feature roof -top terraces, a clubroom, and fitness center for the private use of the building occupants. At street level, the banks of Ralston Creek will be stabilized and the floodplain buffer will be enhanced to create publicly accessible open space. Further, a pedestrian walkway will be added along the south side of the property to provide an opportunity for pedestrians on S. Gilbert Street to access Ralston Creek and enjoy the enhancements located along the banks. The Project Team and I look forward to working with the City of Iowa City to create a successful project for the developer and the city. MICHAEL WELCH Project Lead The project team consists of: OWNER / DEVELOPER: CAPSTONE COLLEGIATE COMMUNITIES, LLC OWNER'S REPRESENTATIVE AXIOM CONSULTANTS, LLC NILES BOLTON ASSOCIATES CIVIL, STRUCTURAL, AND MEP ENGINEER: AXIOM CONSULTANTS, LLC W_101I9LY•1_1»_1: ]ImI19:101 LMO PARTNERS Project PROCESS THREE DISTINCT PHASES I i PHASE 1 Rezoning/Height Bonus May 2019 The rezoning phase of the project began in May of 2019 with the submission of a rezoning application. A change to the Regulating Plan will be sought concurrently with rezoning the property to River Front Crossings—Central Crossings District. A Level II Design Review will be required to achieve the desired eight -floors. The Project Team will commence work on the Design Review submissions once it is clear that P&Z and Council are supportive of rezoning. 9 MONTHS PHASE 2 Design Winter 2019– Spring 2020 A significant portion of the design process will occur during the Design Review process. This effort will continue upon the completion of the Design Review process and include geotechnical investigation and Phase II ESA. These efforts will culminate in an approved Site Plan and Building Plans early Spring of 2020 to allow construction to begin in 2020. The Project Team will work closely with city staff throughout the process to streamline the design to the extent possible. 18 MONTHS D u PHASE 3 Construction Summer 2020—Summer 2022 Construction is expected to begin in Summer 2020 upon the approval of a building and site design. The building is expected to take approximately 15-17 months, including Ralston Creek stabilization and right-of-way improvements. The building should be ready for an August 2022 occupancy. Section SITE NARRATIVE Master Plan COMPARISION FOOTPRINTS OF THE DEVELOPMENT AS COMPARED TO THE MASTER PLAN (PAGE 66) — _ I- IT17,Uq F a F.� V'3 1 4 agOP■ a UJ ' -._ - Ucc _ wrzx • IL # f W USW r # # - _ .# ■ a Ir" a 04 0 - �76 If 41D tt Plan diagram of the Central Sub -District from the Downtown and Riverfront Plan diagram of the Central Crossings Sub -District from the Downtown and Crossings Masterplan document with the 315 East Prentiss site outlined in red. Riverfront Crossings Masterplan document with the 315 East Prentiss site out - Note that in the Masterplan, the site lies within two sub -districts: Central Cross- lined in red and the proposed building footprint diagram overlaid. The Central ings and Gilbert Districts. Crossings Boundary has been adjusted to reflect the proposed changes to the Regulating Plan. Project FOOTPRINT A GENERAL OVERVIEW OF WHAT COMPRISES THIS EFFORT RESTORED RIPARIAN PRENTI55 ST VEGETATION (PROPOSED) " { V PROPERTY LINE r. a_ RETAIN GRADES WITH NATURAL MATERIALS FLOODWAY I ~ (FROM CITY MAPPING), �I « 30' FLOODWAY BUFFER 41 STAIR t 5' FLOODWAY BUFFER SETBACK 1 TERRACE B - I I 1 (LEVEL4) PUBLIC WALKWAY (AT GRADE) I STAIR • 1 i (PLAZA (AT GRADE) TERRA CEC (LEVEL -4) 771 I ;s O STAIR IOWA INTERSTATE RAILROAD CONCEPTUAL DEVELOPMENT SUMMARY: PARCEL "A" AREA: +/- 1.60 ACRES APARTMENTS: 178 UNITS 1 400 BEDS 780 NSF/UNIT AVG 1 347 NSF/BED AVG 138,850 NRSF TOTAL LOBBY, LEASING E MAIL: 2,918 SF CLUBROOM & FITNESS: 5,514 SF —r i r,{ e RMB 55 - \ PARKING: 259 SPACES PROVIDED (249 REQ) —FK=V PLAZA I k PARKING RATIO: 1.45 SPACES/UNIT 1 0.65 SPACES/BED - LOBBY, LEASING Et MAIL \_ (GROUND LEVEL) BOWERY ST CLUB ROOM Et FITNESS_- (TERRACE LEVEL 4) r? MAIN FARWIING ACCESS FROM EASEMENT 8 STORY BU1,;LDING ti (5 RESIDENTIAL LEVELS OVER 3 PARKING LEVELS) SECONDARY PARKING w ACCESS FROM EASEMENT -` r The project will be comprised of a single eight (8) story building and a variety of improvements to Ralston Creek. The building consists of three floors of parking with five floors of residential, including a club room, fitness room, and 4th level terraces. Ralston Creek improvements cover creek stabilization and removal of invasive species as well as the construction of a pedestrian greenway along the east side of the creek. The space will be designed to encourage public use and pedestrian access to this under-utilized natural resource which flows through River Front Crossings Ralston Creek IMPROVEMENTS SAMPLE OF POTENTIAL CREEK ENHANCEMENTS /— A � orrag..�r t f pP'�u1DE Pa.HIr BVL x%/84,6 .4�/ W' + �se�rrt�O�I. a�:e l2.r wi�eh `Wn4v�c."'G ��e44r'^�t i7c`'rr�5 pssarv�e P°�f� ' _�tl 1, 11� 0 �.i.5 "L"¢7T'`�.�Y ��"I,I�'1 Cw �pl$vE �'G-✓ �eei5 $�f�• �TFyw,7.� ° R—A.+rSfonl c.rtr�.� j �rY,� ��`�A/e..,�ZRYor,.' k(TE"IY,rJ -r �+a..i%.�G�F� -. ,'hwovd F1.K�Ic #M`fs T pr.(aw sr} To r.b WI �`E�'rnr( - P4pnF4AJJ J rrf_ r '!; 4ww' wurrcW 7 w Z �N.rs,( t r .r.rp +e �u� euf-sf-s� 5rdd�r ►iq..e�r. 2 P4.wc . 4l+tga - pa ndss p� �FY Aa.#r:.� v.`eedi-. i �IAyLS T k�r� `s�erus+•Yall f�q'c'"+� •fir+.af. TYPICAL SECTION of PROPOSED RALSON CREEK IMPROVEMENTS REDISCOVERING A NATURAL FEATURE The restoration of the Ralston Creek corridor would include a multi -step design approach to restoring and improving portions of the creek to create an inviting amenity that will enhance the quality of life for the citizens of Iowa City. The first suggested step would be to remove the existing concrete structures and re -shape the creek channel and bank to mimic a more natural pattern. Stabilizing the banks with a combination of rock boulders or outcroppings and native plantings suitable for the riparian zone of the lower banks. Secondly, swales and pools running parallel to the creeks banks would be incorporated to reduce the floodwater velocity from upstream channelization. These features combined with the riparian plantings also provide an opportunity to capture stormwater from the adjacent sites and filter contaminants. Finally, engaging the public with the creek by connecting pathways and plazas through public open spaces along the creek can bring awareness that not only the creek exists, but can be made into an attractive natural amenity. Ultimately, restoring this portion of the creek could be used as a model for future developments along the creek corridor. Section SCALE Scale of BUILDINGS SIMILAR BUILDING SCALE COMPARISON MATRIX 620 Dubuque 736 FT Dubuque St NARRATIVE: The Rise 831 FT 315 5 Prentiss 225 Prentiss 742 FT 710 FT r =_ l l Ralston Creek 601 5 Gilbert 713 FT I S Gilbert St The Mansion 538 S Gilbert 729 FT Section diagram illustrating the elevational height of the tallest buildings in the South Downtown and Central Crossings dis- tricts visible along Prentiss, from Gilbert to Dubuque 315 E Prentiss will be located near the bottom of the Prentiss Street hill nestled along Ralston Creek in the valley between Gilbert Street and Dubuque Street. The natural rise in the topography surrounding the project site allows for the proposed 8—stories to meld into the neighborhood. The structure will compliment rather than dominate the surrounding buildings This exhibit shows a number of buildings and how they compare to the proposed construction of the 315 E Prentiss Project. The view of this exhibit is looking direction north with a west -to -east cut through the center of the property. 315 E Prentiss 602 S Dubuque 620 S Dubuque 225 E Prentiss Court & Linn PROJECT CAPSTONE DUBUQUE STREET DUBUQUE STREET DUBUQUE PH IV THE RISE YEAR 2022 (proposed) 2017 2018 2019 2018 STORIES ABOVE 8 (proposed) 4 4 4 15 GRADE APPROXIMATE 742 FT 724 FT 736 FT 710 FT 831 FT HEIGHT 315 E Prentiss will be located near the bottom of the Prentiss Street hill nestled along Ralston Creek in the valley between Gilbert Street and Dubuque Street. The natural rise in the topography surrounding the project site allows for the proposed 8—stories to meld into the neighborhood. The structure will compliment rather than dominate the surrounding buildings This exhibit shows a number of buildings and how they compare to the proposed construction of the 315 E Prentiss Project. The view of this exhibit is looking direction north with a west -to -east cut through the center of the property. Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level view looking Southeast from the intersection of Dubuque and Prentiss. Conceptual view showing the project located behind the Dubuque Phase IV—Pacha building at 225 E. Prentiss Street) (currently under construction) building at the center of the image (in gray). The Dubuque Phase I can be seen at the right of the image. NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM. Northeast Corner of Dubuque Street and Prentiss Street Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level view looking North from the South Gilbert. Conceptual view showing the project located behind the Iowa Interstate Railroad. World of Bikes is located to the left of the image and Kennedy Plaza is right of the image. t - z NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM: Intersection of South Gilbert and Maiden Lane Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level looking South from The Rise on Linn Street. Conceptual view showing the project located behind various apartments along Court Street. Proposed building just visible through tree line at right -center of image. NEIGHBORHOOD POINT -OF -REFERENCE DIAGRAM: The Rise Courtyard along Linn Street Project MASSING CONCEPTUAL STREET -LEVEL VIEW OF SITE PLACEMENT Rendered street -level looking west from the intersection of Prentiss and Gilbert Conceptual view showing the project located behind 601 S Gilbert St. Although the proposed building is substantially larger than the existing building located at 601 S Gilbert Street, the site topography reduces the overall impression of the mass of the building. NEIGHBORHOOD POINT -of -REFERENCE DIAGRAM: The intersection of Prentiss and Gilbert Section HEIGHT BONUS Height BONUS JUSTIFICATION FOR REQUEST REQUEST PER CODE: Per the City of Iowa City Riverfront Crossings District General Requirements, Article G, 14-2G-7, Section G: BUILDING HEIGHT PROVISIONS our team is requesting consideration for: The granting of additional bonus height in the amount of four (4) stories for the proposed building to be constructed at 315 East Prentiss Street. This would allow for construction of one 8 -story structure on the site which is the maximum allowed under the RIVER FRONT CROSSING: CENTRAL CROSSINGS SUB -DISTRICT. The code provides for a number of incentives for developments to incorporate features that provide both public benefits as well as important goals towards furthering the objectives of the overall downtown and Riverfront Crossings Master Plan. This project is eligible in a number of areas and we are specifically requesting to utilize two (2) different means in our overall request. Both of these areas is detailed in the subsequent sections to identify how we aim to achieve the associated goals. PUBLIC ART (14 -2G -7-G-6) HEIGHT BONUS FOR LEADERSHIP IN ENERGY EFFICIENCYAND ENVIRONMENTAL DESIGN (14 -2G -7-G-7) Level II design review will be required for this project. As a result, the requested Height Bonus will be put before both the City's Design Review Committee and the City Council. Public Art 14 -2G -7-G-6 NARRATIVE of ELIGIBILITY. Per item 14 -2G -7-G-6 of the Iowa City code, one additional floor of building height may be granted for a contribution to the City's public art program equal to one percent (1 %) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. Funds contributed shall be used by the City for public art within the Riverfront Crossings District as approved by the Public Art Committee. JUSTIFICATION of REQUIREMENTS: The Project Team believes that the project will improve the aesthetics and pedestrian experience along E. Prentiss Street. The creation of publicly accessible open space between the proposed building and the banks of Ralston Creek may lend itself to creating a location for public art. The team is looking forward to working with the members of the city's public art program to evaluate the opportunities to make the public art more than a check written to the city. Placing public art within the public space may add one more amenity and incentive to attract additional pedestrian traffic to the banks of Ralston Creek. REQUESTING: 1 floor Height Bonus for Energy Efficiency and Environmental Stewardship 14.2G -7-G-7 NARRATIVE of ELIGIBILITY: Per item 14 -2G -7-G-8 of the Iowa City code, up to four (4) additional floors of building height may be granted for projects that are designed to meet high standards with regard to energy efficiency and environmental stewardship, according to LEED or other similar environmental or energy efficiency rating system. In general, the higher the level of energy efficiency or environmental stewardship demonstrated, the greater the bonus. The amount of bonus granted will be based on the overall quality of the project. Bonus height may also be granted for projects that are designed to minimize the impact of stormwater runoff on the environment through the use of bioswales, rain gardens, green roofs, rainwater harvesting, and stream bank stabilization and restoration along Ralston Creek or the Iowa River, as described in the riverfront crossings district subarea plan adopted in April 2011. A long term maintenance plan must accompany any proposal for such green features. JUSTIFICATION of REQUIREMENTS: The Project Team believes that this property is uniquely situated to create a catalyst for the development of a pedestrian friendly and inviting place along Ralston Creek. The enhancements to Ralston Creek, the areas within the city right-of-way along Ralston Creek, and the floodway buffers associated with the waterway could serve as a greenway between Riverfront Crossings Park located at the south end of the District and E. Prentiss Street. The measures implemented on this Project could well be the template and standard for the numerous properties and projects located along Ralston Creek within Riverfront Crossings The Project Team is suggesting that the project go beyond the minimal measures required by adjacent CZAs (removal of invasive species and stream bank stabilization) and a fuller, bigger picture plan be implemented. Thsi plan could included pedestrian access directly to the waterway for canoe/kayak launch, stabilization with native vegetation or other measures that would ultimately result in a more sustainable and natural waterway, incorporation of a pedestrian access under the Iowa Interstate Railroad Bridge for future trail extension, inclusion of public education signage or components, and many other options. The project team truly believes that Ralston Creek is an amenity that has been overlooked and ignored for too long and welcome the opportunity to work with city staff and City Council to develop the right mix of amenities and improvements to the waterway and adjacent land. The building design will incorporate many features that are in accordance with the LEED certification system; however, consistent with City requirements, the Project Team will not seek LEED certification. REQUESTING: 3 floors requested (4 allowed) Height BONUS SYNOPSIS OF THE REQUEST NARRATIVE of ELIGIBILITY: The City of Iowa City code allows for ten (10) different methods for a developer to request additional height for a project. We are planning to make requests within two of these categories at the current time. # NAME 1 Public Art 2 LEED SECTION I ALLOWED REQUESTED JUSTIFICATION 14 -2G -7-G-6 1 1 1% of threshold value contribution 14 -2G -7-G-7 4 2 LEED Pursuant and Ralston Creek REQUEST NARRATIVE: Our team will be requesting the additional height for this project in order to maximize the site to its full potential. The project is consistent with the Master Plan and will create a strong anchor for the north end of Ralston Creek rehabilitation south of Downtown. REQUEST NUMBERS: 4 total floors requested FLOORS ALLOWED IN BASE ZONE = 4 FLOORS REQUESTED BY BONUS HEIGHT = 4 TOTAL FLOORS PROPOSED ACROSS THE SITE = 8 MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 5, 2019-7:OOPM—FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Mark Signs, Billie Townsend MEMBERS ABSENT: Max Parson STAFF PRESENT: Sara Hektoen, Anne Russett, Jade Pederson OTHERS PRESENT: Mike Welch, Davis Maxwell RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 the Commission recommends approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. By a vote of 6-0 the Commission recommends approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. By a vote of 6-0 the Commission recommends approval of SUB19-09, an application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission September 5, 2019 Page 2 of 15 CASE NOS. ZCA19-03 and REZ19-07: Applicant: Capstone Collegiate Communities, LLC Location: 305 and 315 E. Prentiss Street and 625 S. Gilbert Street a. An application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. (ZCA19-03) b. An application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings -Central Crossings (RFC -CC). (REZ19-07) Anne Russett introduced Neighborhood Development Services planning intern Jade Peterson who is going to be presenting this case. Peterson stated this item includes two applications. These applications are submitted by Capstone collegiate properties LLC. The first application is for regulating plan amendments to include 625 South Gilbert Street and the Central Crossing Subdistrict, and the second application is for the rezoning of properties at 305 and 315 East Prentiss Street and 625 South Gilbert to Riverfront Crossing Central Crossings. Peterson showed an aerial view of the subject area. Ralston Creek runs along the west of the property and the Iowa State railroad is along the south. Currently on the subject property the land uses include residential, office and intense commercial. The zoning of the site is community commercial and intensive commercial. Similar zoning extends to the south, properties to the west and north are zoned Riverfront Crossings. The applicant is requesting an amendment to the regulating plan that would include 625 South Gilbert Street in the Central Crossing Subdistrict and they're also proposing a rezoning of the subject property to RFC -CX. Peterson added any future development will be subject to the affordable housing requirements since the proposed zoning will be within Riverfront Crossings. The applicant intends to develop an eight -story residential building. A Good Neighbor meeting was held on September 3. Next Peterson showed the development concept that was submitted by the applicant and their statement of intent. It shows an eight -story, 178 dwelling unit building. The building concept would have three lower levels for 259 residential parking spaces, and five upper levels for dwelling units. A bonus height request would need to be submitted for this concept. The requests will be reviewed by the staff form -based code design review committee as well as the City Council. The concept also shows improvements along Ralston Creek and a pedestrian way that connects to South Gilbert Street. Peterson stated the property falls within the downtown and Riverfront Crossings master plan. Moreover, the property falls within two sub districts of the Riverfront Crossings. 625 South Gilbert Street or the southern part of the property is within the Gilbert Subdistrict and the northern portion of the property 305 and 315 East Prentiss Street are within the Central Crossing Subdistrict. The regulating plan amendment asked to include 625 South Gilbert Street as a part of the Central Crossing Subdistrict. Peterson noted the two sub districts have distinctive objectives, regulations and standards that they follow. She showed a table with some of the most Planning and Zoning Commission September 5, 2019 Page 3 of 15 notable differences and similarities between the Central Crossings and Gilbert Subdistricts. As far as land use goes, the two subdistricts are nearly the same and follow the CB -5 zone. The base height maximum is one floor less in the Gilbert Subdistrict then in Central Crossings and the bonus height maximum that can be achieved from bonus height provisions differs by three floors. Staff use two criteria to review the regulating plan amendment and rezoning application. The first is compliance with the Comprehensive plan and the second is compatibility with the existing neighborhood. With regards to the compliance with the Comprehensive Plan to subject property is located in the Downtown and Riverfront Crossings Master Plan, which envisions the site to be redeveloped to allow a mix of residential and commercial uses. Staff used comparisons of the two subdistricts to evaluate the regulating plan amendment application. Peterson showed a table that outlines objectives and development character of the two subdistricts. The Central Crossing Subdistrict is more focused on residential development to address the need for housing close to downtown. The Gilbert Subdistrict is mostly built out to the north of the railroad and envisions that area south of the railroad to redevelop at a lower intensity. In terms of scale and intensity of use the Central Crossings wishes to maintain moderate scale, while Gilbert wants to maintain smaller scale south of the railroad. Both subdistricts have objectives to restore enhance conditions along Ralston Creek. Staff is proposing a condition to this rezoning that requires improvements to be made along Ralston Creek that will encourage having the creek as asset as well as fulfill an objective of the District Plan. The condition will require improvements including the removal of invasive species, stream bank stabilization and tree planting. Peterson stated the second review criteria that staff uses to review this application is compatibility with existing neighborhood. The surrounding neighborhood has residential multi- story buildings to the north, east and west of the project site, a raised railroad and an overpass are to the immediate south. Massing studies were submitted by the applicant and their statement of intent and these studies show what an eight -story building would look like on the site from the street view. Since the site has a lower elevation, the scale of the proposed building is similar to the surrounding multi -story buildings. Peterson showed images that were submitted by the applicant and their massing study. One shows a view looking southeast from the Dubuque and Prentiss Streets intersection. Another image shows a view looking north on South Gilbert. Additional images that were submitted, looking south from the RISE and looking west from the Prentiss and Gilbert Street intersection. Next Peterson discussed traffic implications and access, the access on East Prentiss as shown on the concept plan is actually private property belonging to the adjacent property owner and an access agreement will be needed with the adjacent owner in order to utilize the access. In the case that an access agreement cannot be achieved, alternative access will need to be identified during design review. Staff is proposing conditions to be attached to the rezoning that are related to access and traffic. One of the conditions addresses the need for the enhancement of pedestrian infrastructure along South Gilbert Street. The condition requires dedication of right-of- way along the southern property line to allow the City to reconfigure the sidewalk. This will allow an additional buffer between pedestrians and vehicle traffic. Condition two requires provision of an access easement from manhole for a trunk sewer located near the southwest corner of the subject property. Condition three requires the provision of an access easement for a sanitary sewer line that runs through the old Maiden Lane right-of-way located in the southeast portion of the property. Planning and Zoning Commission September 5, 2019 Page 4 of 15 Peterson noted Ralston Creek is an environmentally sensitive area and borders the property to the west. Any development on this site requires a 30 -foot buffer from the Ralston Creek floodway. A sensitive area site plan will need to be submitted for any development on the subject property. The Ralston Creek 100 and 500 year floodplains both cover some of the property. Because of this, any development needs to comply with the City's floodplain management regulations. Flood proofing requirement and minimum floor elevations will be determined during site plan and building plan review. As far as the stormwater management of the site goes, staff believes that it will be handled by the existing storm water infrastructure which staff believes is sufficient, but further analysis will be made at the site plan stage. Peterson stated the role of the Commission for this case is to determine whether the rezoning and regulating plan amendment complies with a Comprehensive Plan and is compatible with the existing neighborhood character. Next steps pending Planning and Zoning Commission recommendation of approval this case will go to a public hearing at City Council and pending City Council approval the applicant can submit a height bonus request. Staff recommends approval of ZCA19-03, an amendment to the River Crossings regulating plan to include the property located at 625 South Gilbert Street in the Central Crossings Subdistrict. Staff also recommends approval of REZ19-07 a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial and Community Commercial to Riverfront Crossings Central Crossings, and this will be subject to the following conditions. 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Hensch asked if the property adjacent immediately west of the property along Ralston Creek that the Commission rezoned some months ago has the same conditions on that property regarding Ralston Creek as being placed on this property. Russett confirmed they did carry that same condition forward to this rezoning. Hensch also noted because there's quite a severe elevation change from Dubuque Street and Gilbert Street and then going down Prentiss Street and wondered what are those elevation changes? If they are talking about a bonus height of how far down that the area already is just by the topography? Russett is not aware of the elevation changes, but perhaps the applicant might have some information on that. Dyer asked if Staff found out about the affordable housing in Riverfront Crossings. Russett replied she did look into that and has an update. Since the Riverfront Crossings form -based code was adopted through various development projects, the City has required that 94 units be affordable within the Riverfront Crossings District and so far 60 of those units have been built. In terms of the fee in lieu paid, there were two projects that provided a fee in lieu and the total that Planning and Zoning Commission September 5, 2019 Page 5 of 15 City has in the pot for affordable housing is just over $808,000 and that money does need to be spent within Riverfront Crossings. Martin asked of the 60 units, how many are occupied? Russett will have to look into that. Hensch asked if the number of built units includes the Delray development (the one right on the railroad tracks on Dubuque, by the other Hodge properties). Russett said it does not. Hensch noted the number of units will go up quite a bit. Baker asked at what point in the process, and who's responsible for approving the final exterior design? Russett stated it is addressed during the design review phase so the applicant after the rezoning would submit a design review application to staff and they would review that. In this case, since the applicant is requesting a bonus height, it has to go to the City Council for final review and approval. Baker also asked about the pedestrian walkways, and who's responsible for maintaining that now and in the future? Russett noted it is a right-of-way so it's the city's responsibility. Hektoen stated the adjacent property owners maintain the sidewalk, by state law, adjacent property owners are responsible for maintaining the sidewalk. Baker stated he has a personal concern when you look at sidewalks like this, that have no buffer between the street and the edge of the sidewalk, there needs to be some sort of railing or something there and who's responsible for that? Russett stated that's the same concern that staff has so that's why they are requesting that the applicant provide additional right-of-way in that area, because the City's hope is that eventually the sidewalk will go behind the bridge abutment to provide a buffer between the pedestrian and vehicle traffic instead of in front of the bridge abutment as it is currently. The City would eventually be re-routing that sidewalk but it's not something that is funded at this point. Baker noted there will be an increase in the population down there and it just seems like that the City should at least install a temporary railing, some sort of buffer there to coincide with the completion of the project, even though the City will change the location of the sidewalk eventually. Baker noted the City has this problem over on Riverside as well and he doesn't want to see it cropping up more and more. Hensch asked about the condition regarding the steam bank stabilization, including necessary grading in addition of riprap, does the City specify the riprap because he would hate to see a bunch of broken up concrete. Hektoen said Public Works will review the plans and approve the materials. Hensch opened the public hearing. Mike Welch (Axiom Consultants) is representing Capstone Collegiate Communities. Additionally, Davis Maxwell is here with Capstone tonight. Welch started by saying they held a good neighbor meeting, and with a much lower turnout, as you can imagine most of the properties within that 200 foot radius are rental properties. Most of the building owners and property owners are other developers in the area, so they are aware of the project and don't have any concerns. With regards to item A, the regulation plan change, he wanted to make a couple of points. First the South Gilbert district extends up Gilbert, which makes sense until you look at these three properties and you see that the property 625 Gilbert Street is bordered on the south by the tracks and on the west by Ralston Creek and really does seem to fit in the intent of Central Crossings Planning and Zoning Commission September 5, 2019 Page 6 of 15 more with the residential. He also thinks the Clark building, that's the little to the east is also residential. Therefore it seemed that moving that into Central Crossings District just seemed to make sense as the railroad tracks are a natural buffer there. Additionally in the design and in the concept plan at this point, they aren't planning to have any frontage access off South Gilbert. There currently is a shared driveway and the property line splits the center of the driveway, that will be maintained but not a primary access point for the proposed building. They are in favor of the condition for the additional right-of-way to give the Cty the option in the future to reroute the sidewalk. Welch continued on with item B and stated two years ago on when Davis came and wanted to do this project, it was a really exciting project for the neighborhood. It became apparent while working through the Riverfront Crossings Code they would have to do height bonus. Since they don't meet the student housing because they are not close enough to campus there's a bunch of those bonuses that aren't available, so the one that that became available to them was public art, which gets them one floor. The others were the LEED credits and this project is really tailored for those. Welch didn't get into too many details because that will happen at design review and height bonus review. However he shared Capstone will do as part of their project energy efficiency, sustainability, because they own the buildings for the long haul. They're not building it, to sell it, they're building it to own it and so they have a vested interest in in that long-term performance of the building and for their tenants. The other part that that is exciting is Ralston Creek and we really see Ralston critique as an opportunity to create another amenity that helps separate them from the other properties in the area. We are interested in working with staff and the City to see how they can make Ralston Creek more accessible to the public. One item that was on that site plan is a proposed connection from Gilbert Street around the south side of the building and up to Ralston Creek. Not only is that a nice feature on the site, but if someone is walking on Gilbert Street it gives them a way to kind of cut through and avoid going up and over the hill on Prentiss Street there. Regarding the comment about riprap, unfortunately, they are involved in the project on the west side and that is the route that they intend to go again. In the statement of intent, there is a kind of a rendering or a cross section in there that the landscape architect on the team helped them put together. It is a pretty ambitious goal but it is the direction they want to go and really creating a natural kind of inviting area if there's space. Right now they are working with some floodplain buffers and some stormwater retention and mitigation measures in there. Welch also pointed out it is important to understand is the massing of this building and how it fits in that neighborhood. He does not have the exact elevation difference, but recalls from the Prentiss Street Bridge to the intersection of Dubuque and Prentiss there is likely a 25 to 30 feet elevation change there. Hensch stated a slide of that information would be very effective because the massing concepts are really good but to be able to illustrate that that difference of elevation, because that's like two and a half floors would be helpful. Welch noted in that statement of intent on page nine, there is a schematic section that cuts down Prentiss Street there. There is 620 Dubuque, which is the highest building on the corner of Dubuque and Prentiss and the elevation of the top at 736, that's the height of the eve on that Planning and Zoning Commission September 5, 2019 Page 7 of 15 building. 225 Prentiss, which is the one that's currently being built on the west side of Ralston will be at 710. With the building they are proposing at the top of that eighth floor it would be around 742. So they are only six feet above the building on Dubuque Street even though they eight floors instead the four they have from grade. The other image worth noting is the view from The Rise from that corner at Court and Linn and you look at it and you don't see a building, you just see trees. It's just kind of sticking out above the trees back there. Again, it's one of those that that as you get further away, you really can't see the building. Welch concluded by stating the conditions seem acceptable. The only one they may need to work with the City on is the sewer easements, just depending on the building, it could be an easement or a realignment might be necessary to make that work. Welch is comfortable they can work that out with staff during the design process to address. Hensch stated when he walked and drove through that area it looks like virtually anything you do will decrease the amount of impervious surfaces in there. Is that your estimation? Welch replied that yes, they are working with the Clarks to get that access easement off of the alley and in doing so would get rid of that long curb cut in front of the City Electric building that's there now. That would then be a more typical street, grass or vegetated parkway of some kind, and then sidewalk. They haven't really looked at the landscaping on the north side of the proposed building, but there'll be an opportunity there for enhancing the streetscape will be an improvement for what's there today. Hensch asked if they had developed a new preliminary estimation of which level of LEED they will use, silver, gold, platinum? Welch stated any LEED certification no matter what level you go to ends up being a pricey process. For a residential building, you don't really see a return on investment from spending the money to get this certification however they will incorporate the same principles of LEED and use the LEED prerequisites and checklist to guide the design and incorporate those items. They we will not be pursuing a LEED certification. Dyer noted the applicant is asking for a bonus based on LEED. Welch confirmed that is correct, but to clarify the way the Code reads is you can still get the credit by doing the items and verifying that the items are done without going through the LEED certification process through the Green Building Council. Russett confirmed for the bonus height, it's called the LEED bonus height, but certification is not required. And it also talks about environmental aspects that could be made to the project and the applicant is also proposing those improvements along Ralston Creek. So there is some flexibility in options that could be incorporated that relate to energy and sustainability and the environment in that bonus height option. Dyer asked then if the City will really test for LEED qualities, will they do blower door tests and other things to verify that LEED standards have been met. Hektoen said with the Chauncey the City had their architect provide us with a certification saying this meets all of these standards and it was constructed in accordance with these plans. The City relied upon their experts. Dyer believes if they are getting a bonus then the city should take some responsibility. Hekteon stated that inspections are done, but the City doesn't have the same kind of expertise on staff to do the kind of work that the architects and the engineers. Dyer asked why the project had to have a height bonus. Welch responded it was the economics of the of the property to meet the parking requirements on site to get the density that justifies the Planning and Zoning Commission September 5, 2019 Page 8 of 15 land cost and the building cost. The other option would be to redevelop as a standalone building with surface parking, that wouldn't be the best use for a property that's 1200 feet from campus and close to downtown. Dyer asked if they considered keeping the Gilbert Street designation for Riverfront Crossings so that that part would be lower? Because the point on Gilbert Street is to have lower buildings? Welch said they did look at that, but there is a step back on Gilbert Street and so your kind of back behind that railroad abutment before you get to the full height of the building. Welch stated as you as you look at that transition the railroad tracks on South Gilbert makes that area a natural transition. The trees will screen and soften the height of the building there as well. Dyer noted along Gilbert Street it will still be eight stories and an alternative would be to accept the Gilbert Street District requirements for the part of the building that faces Gilbert Street. Davis Maxwell (Capstone Collegiate Communities, LLC) stated as a student housing development company, they do business all over the country. This is one market that they are very interested in to provide quality housing for the students who attend the University of Iowa, but also anybody can live here as well. It's not solely for the students at the University of Iowa, that's just target market. Hensch asked if this was their first foray into the Iowa City Market? Maxwell replied it was. Dyer asked what is their intent with regard to affordable housing? Will they have it in their building? Maxwell stated they are currently marketing roughly 10% of the units to be affordable. Hensch closed the public hearing. Signs moved to recommend approval of ZCA19-03, an application submitted by Capstone Collegiate Communities, LLC for an amendment to the Riverfront Crossings regulating plan to include the property located at 625 S. Gilbert Street in the Central Crossing Subdistrict. Additionally, Signs moved to recommend approval of REZ19-07 an application submitted by Capstone Collegiate Communities, LLC for a rezoning of approximately 1.6 acres of property located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Community Commercial (CC -2) and Intensive Commercial (CI -1) to Riverfront Crossings - Central Crossings (RFC -CC) subject to the following conditions: 1. Dedication of right -a -way along South Gilbert Street. 2. Provision of an access easement to give the City access to a manhole for the trunk sewer. 3. Provision of an access easement to give the City access to a sanitary sewer line. 4. Improvements of Ralston Creek, including the removal of invasive trees, addition of riprap and tree planting, as well as a temporary construction easement for the reconstruction of Prentiss Street Bridge. And then the fifth is 5. Execution of an affordable housing agreement. Townsend seconded the motions. Planning and Zoning Commission September 5, 2019 Page 9 of 15 Hensch acknowledged kudos to Axiom because of their very nicely structured and comprehensive report that he believes made it very easy to understand things. It was very nice to see those massing concepts, because that is always an issue. He is also very pleased to see that we're turning Ralston Creek into being treated as more than just a drainage ditch, get it back to be treated as a natural resource, which of course is an element of this whole area. He acknowledged there's a lot of issues with height but given the change in elevation it is really going to help mitigate the appearance of mass for this project. And then the higher elevation on Gilbert Street right next to the railroad tracks looking up from the sidewalk on Gilbert Street, looking up to those railroad tracks, it's pretty substantial up there, then that helped, again, would create that illusion of mitigation for that height. So he thinks those are some just features in that area that really soften the mass and scale of the building. Overall it's an improvement and currently there are too many impervious surfaces in the area, so anything done will improve that. Hensch is in favor and will support this application. Signs agrees and doesn't have any problem with the height in the scheme of things. He hears Dyer's concerned about Gilbert Street, but he drives that route every day and never look at that space, he's always looking at the curb going north. Dyer noted that part is intended for pedestrians to not have the sense of a big mass right next to them. One concern she has is blocking the light to the apartment building that's on the corner of Prentiss and Gilbert Street and hope there's something other than a flat glass wall to look at. Dyer also noted her continued frustration that they don't see any building designs and they don't know what little what it will look like. Hensch also appreciated that a good neighbor meeting was held. He wants to recognize people who do that because he thinks that is the spirit of the commission and they hope for community input. Townsend stated she is very pleased to hear that they are going to have the affordable housing piece in there and not pay the fee in lieu, she thinks that's very important for that area. Dyer asked if it would be possible to amend that fifth condition to make it that the affordable housing is on site and not make it an option? Hensch asked isn't it by Code that they have the option of either the number of units or the fee in lieu of because the fee in lieu of has to be spent and Riverfront Crossings? So the actual effect will be the same over time? Hektoen confirmed that and also noted technically speaking, this is a code requirement. We included in the list of conditions just so the applicant is reminded of that obligation. It is not necessary to include it as a condition of the rezoning. The code allows for these various options because a lot of times the applicants don't have their plans fully fleshed out at this stage and that's that was the rationale between allowing these different options. Dyer asked if for this project could it be limited to take out the option. One concern she has is this is pretty close to campus and fees in lieu could be spent way down at the other end by Highway Six, which is a lot different location, it's like half a mile farther away from campus. Signs shares that concern in general however the developer indicated his intent was to have on site affordable housing. Would you have any problem with us taking out the fee in lieu part of that of that clause? Hektoen said it is difficult for the Commission to go down that path without Planning and Zoning Commission September 5, 2019 Page 10 of 15 further analysis of what actually distinguishes this from any other property in the Riverfront Crossings. As you guys know the conditions imposed on rezoning are supposed to meet public needs that are generated by this rezoning. The City has established the affordable housing requirements for the entire Riverfront Crossings area and ordinances been passed that allow the fee to be spent anywhere in the Riverfront Crossings area not just in each subdistrict so without further analysis of the uniqueness of this situation, she cautions the Commission against deviating from the existing structure. A vote was taken and the motion passed 6-0. CASE NO. SUB19-09: Applicant: The Governor Group, LLC Location: South of Southgate Avenue between S. Gilbert Street and the Crandic Railroad An application submitted by the Governor Group, LLC for a preliminary plat and sensitive areas development plan for South Gilbert Commercial Development subdivision, a 7.07 acre, 2 -lot commercial subdivision with one outlot located south of Southgate Avenue between S. Gilbert Street and the Crandic Railroad. Russet began the staff report showing a map of the location of the property. It is located on South Gilbert Street just south of Southgate Avenue and then the CRANDIC is the eastern boundary of the site. The area is all zone CI -1. In terms of the background on this application, there's one existing building on the proposed lot one and the subdivision will allow new commercial development on lot two. The applicant chose not to use the good neighbor policy for this subdivision. In terms of the Comprehensive Plan, both the Comprehensive Plan in the South District Plan identified this as appropriate for commercial development. Russett showed a map of the plat. There are two proposed lots one and two, and then to the south there's outlot A which will be used for stormwater management. There's also wetlands in that outlot. In terms of transportation, the property is accessed via South Gilbert and Southgate Avenue. There's an existing sidewalk along South Gilbert and the preliminary plat shows proposed sidewalks along Southgate Avenue. There's also bus service to this site. The property is within the floodplain. The entire property is located within the 500 year flood plain and most of the property is within the 100 year flood plain. The developer plans to fill this entire site to the 100 year flood plain elevation and any development would need to comply with the city's floodplain management ordinance. As mentioned there are wetlands on the site, there's a total of 0.08 acres of wetlands, all at the southern part of the project site within outlet A. The sensitive areas ordinance does require a 100 foot buffer from all wetlands but also provides an option for reducing that buffer through buffer averaging. The applicant has proposed buffer averaging to decrease the buffer by 50 feet around one wetland located at the north eastern portion of the preliminary plat. The applicant has proposed to remove around 2500 square feet of that buffer and add an additional 16,792 square feet of buffer around the larger wetlands to the southwest of the preliminary plat. The buffer is being requested because the combined size of the wetlands is less than 1/10th of an acre and the buffer averaging would increase the size of the buffer around the majority of wetlands. Also, the wetlands are not buffered to the east because the CRANDIC railroad is on the east side. Also the reduced buffer is on the opposite bank of the drainage ditch and outside STAFF PRESENTATION TO FOLLOW: =11 i � 1 fir, CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Item 10.b.: Rezoning at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street REZ19-07 An ordinance conditionally rezoning approximately 1.6 acres of land located at 305 and 315 E. Prentiss Street and 625 S. Gilbert Street from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings -Central Crossings (RFC -CX). (First Consideration) Zoning Code Text Change -Regulating Plan P&Z recommendation to City Council (September 2019) Rezoning from CI -1 & CC -2 to RFC-CX-P&Z Recommendation to City Council (September 2019) Bonus Height Level II Design Review -City Council Riverfront Crossings Form Based Code Design Review & Site Plan Review -Staff Planning &Zoning Commission Recommendation The Planning & Zoning Commission recommends approval of REZ19-07, a proposal to rezone approximately 1.6 acres of property at 305 and 315 East Prentiss Street and 625 South Gilbert Street from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Rive rfront Crossings— Central Crossings (RFC -CX), subject to the fol lowing four conditions: 1) Dedication of right-of-way along the west side of S. Gilbert Street. 2) Provision of an access easement for City Wastewater Division vehicles and equipment to access the manhole for the trunk sewer located near the southwest corner of the subject property. 3) Provision of an access easement for City access to the sanitary sewer line that runs through the former Maiden Lane right-of-way through the southeast end of the subject property. 4) Improvement of Ralston Creek in accordance with the Form -Based Development Standards for Riverfront Crossings as follows: 1. Removal of invasive trees. 2. Stream bank stabilization including necessary grading and addition of rip- ra p. 3. Planting of trees in accordance with a plan approved by a City forester. 4. Dedication of temporary construction easements for the reconstruction of the Prentiss Street Bridge. 5. The above work shall be done according to a plan prepared by the Owner and approved by the City Engineer prior to the issuance of a building permit. 5) Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 STAFF PRESENTATION CONCLUDED CITY OF IOWA CITY 410 East Washington Street lova City, lova 52240- 1 826 (3 19) 356-5000 (3 19) 356-5009 FAX ww",Jcgov.org Deferred to 10/15/19 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, lom City, IA 52240; 319-356-5230 (REZ19-07) Ordinance No. An ordinance conditionally rezoning approximately 1.6 acres of land located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX). (REZ19-07) Whereas, the applicant, Capstone Collegiate Communities, LLC, has requested a rezoning of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street, from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and Whereas, the Comprehensive Plan has designated this area for general commercial and the Downtown and Riverfront Crossings Master Plan envisions this area to be redeveloped into a mix of residential and commercial uses; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions regarding dedication of right- of-way along the west side of S. Gilbert Street, provision of an access easement for City vehicles to access a manhole on the southwest corner of the subject property, provision of an access easement for City access to a sanitary sewer line that runs on the southeast end of the property, improvements to Ralston Creek including removal of invasive trees, stream bank stabilization, tree planting, and dedication of a temporary construction easement for the reconstruction of the Prentiss Street Bridge, and satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new residential development; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, areas of public need will be met by the acceptance of this ordinance, including the enhancement of pedestrian infrastructure along S. Gilbert St. by creating a buffer between pedestrian and vehicle traffic, City access to public utility infrastructure for repairs and maintenance, Ralston Creek restoration, and affordable housing; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I ADPEM al. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby classified Riverfront Crossings — Central Crossings (RFC -CX): Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as Commencing at the Northeast Comer of Lot 1, Block 21, of the County Seat Addition; Thence S00012'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence S89°10'00"E, 22.00 feet; Thence S54057'41"E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve, concave southeasterly (chord S32043'18"W, 80.04 feet); Thence N82°21'24"E, 213.00 feet; Thence N00'1 2'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof, 7.75 feet to the southwest comer of said Lot 4, of Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 acres and is subject to easements and restrictions of record. Ip,b Ordinance No. Page 2 Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance, as well as the easement agreements contemplated by the Conditional Zoning Agreement, in a form approve by the City Attorney. 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 any agreements or other documentation authorized and required by the Conditional Zoning Agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of —,20 Mayor Attest: City Clerk �Appr ved by �lG�—�4"000�r� a2'DzOFF�A�r., City Attorneys Office 9 ;t /i� Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (REZ19-07) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City'), and Boyd Investment Company, LC (hereinafter "Owner"), and Capstone Collegiate Communities, LLC (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 1.6 acres of property located at 305 and 315 East Prentiss Street and 625 South Gilbert Street; and Whereas, the Applicant has requested the rezoning of said property from Intensive Commercial (CI -1) and Community Commercial (CC -2) to Riverfront Crossings — Central Crossings (RFC -CX); and Whereas, the conditions established in this agreement address public needs, including the enhancement of pedestrian infrastructure along S. Gilbert St. by creating a buffer between pedestrian and vehicle traffic, City access to utility infrastructure for repairs and maintenance, Ralston Creek restoration, and affordable housing; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding dedication of right-of-way along the west side of South Gilbert Street, provision of an access easement for City vehicles to access a manhole on the southwest corner of the subject property, provision of an access easement for City access to a sanitary sewer line that runs on the southeast end of the property, improvements to Ralston Creek including the dedication of a temporary construction easement for the reconstruction of the Prentiss Street Bridge, and satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code for any new residential development, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for creek restoration, pedestrian safety, City access to infrastructure, and affordable housing; 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. Boyd Investment Company, LC is the legal title holder of the property legally described as: Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And that tract lying West of Gilbert Street and North of the Iowa Interstate Railroad described in the deed Book 1967 at Page 279 as Commencing at the Northeast Corner of Lot 1, Block 21, of the County Seat Addition; Thence S00°12'59"W, along the Easterly line of said Block 21, 261.17 feet to the Point of Beginning; Thence S89010'00"E, 22.00 feet; Thence S54057'41"E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence southwesterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve, concave southeasterly (chord S32043'18"W, 80.04 feet); Thence N82021'24"E, 213.00 feet; Thence N00012'59"E along the westerly line of said Block 21, of County Seat Addition and its projection thereof, 7.75 feet to the southwest corner of said Lot 4, of Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the southeast corner thereof; Thence northerly along the easterly line of said Lot 4, of Block 21, to the Point of Beginning hereof. Described area contains 1.60 acres and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 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. Prior to issuance of a building permit, Owner shall dedicate to the City, with no compensation to Owner: 1. Right-of-way along the west side of S. Gilbert Street to accommodate the relocation of a sidewalk along South Gilbert Street so that there is a buffer between the sidewalk and the street. The area to be dedicated shall generally be 20' in width at the southern property line and 0' at the northern property line as shown on the attached map. 2. An easement for the area shown on the attached map for City vehicles and equipment to access the manhole for the trunk sewer located near the southwest corner of the subject property, in a form of agreement approved by the City Attorney. 3. An easement for the area shown on the attached map for City access to the sanitary sewer line that runs through the former Maiden Lane right-of- way through the southeast end of the subject property, in a form of agreement approved by the City Attorney. b. Within 7 days of the execution of this conditional zoning agreement by all parties, Owner shall dedicate to the City, with no compensation to Owner, a temporary construction easement for the area shown on the attached Exhibit A and in a form of agreement approved by the City Attorney. c. Prior to issuance of a building permit, Owner shall design and obtain approval from the City Engineer and City Forester, a plan to improve that portion of Ralston Creek abutting the above-described property. Such improvements shall be completed prior to issuance of an occupancy permit, and shall include, at a minimum: 1. Removal of invasive trees; 2. Stream bank stabilization including necessary grading and addition of rip - rap; and 3. Planting of trees. 3. Owner and Applicant acknowledge the requirements of Iowa City Code of Ordinances 14-2G-8, which requires the execution of an affordable housing agreement to satisfy the affordable housing obligations through the provision of on-site owner -occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City. 4. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant 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. 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. This agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. 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. [Remainder of this page intentionally left blank.] 3 Dated this day of , 20_. City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: 3�w tly-' City Attorney's Office 7/,;- jy ( I ri State of Iowa ) ) ss: Johnson County ) Capstone Collegiate Communities, LLC 0 Boyd Investment Company, LC City of Iowa City Acknowledgement: This instrument was acknowledged before me on , 20 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Capstone Collegiate Communities, LLC Acknowledgement: State of _ County of This record was acknowledged before me on , 2019 by (Name(s) of individual(s)) as (type of authority, such as officer or trustee) of Capstone Collegiate Communities, LLC. Notary Public in and for the State of Iowa (Stamp or Seal) My commission expires: Boyd Investment Company LC Acknowledgement: State of _ County of This record was acknowledged before me on , 2019 by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of Boyd Investment Company, L.C.. Notary Public in and for the State of Iowa (Stamp or Sea]) My commission expires: TY SEAT ADDITION CITY. IOWA UNN STREET El n N00'40'150W g 22.00' I zO M 0 tzn m U ct j rT� D x m ��j En A z I— m (. ynun /�4iy bClpnnMP�`` tg l �- 2 D c� D O Q !O AlAo 0 C �� VQ II II PII O R� I Z rn .IW. v LI I ICI QI I I 2200' ¢ r S00'40'15"E O z I I�p 7 Q a � �x 4� ®rN OR IN S � 2 EXHIBITA z 2 D c� D O Q !O o�N 0 C VQ O Z rn .IW. v m nNi z c�At 0 Item Number: 11. ®I CITY OF IOWA CITY u► �� COUNCIL ACTION REPORT October 1, 2019 Ordinance amending Title 3, entitled "Finances, Taxation and Fees," and Title 9, entitled "Motor Vehicles and Traffic," to provide uniform fines for bicycle and electric device code violations. (Second Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: Memo ordinance Executive Summary: Council recently passed ordinances to regulate the operation of electric assist bicycles, electric scooters and electric skateboards on streets and sidewalks the same as the operation of bicycles. Similarly, the penalty for violating a code provision by an operator of a bicycle, electric assist bicycle, electric scooter, or electric skateboard should be the same. This ordinance sets all fines at $15.00. Background /Analysis: ATTACHMENTS: Description Memo for 10/1 /19 Ordinance City of Iowa City MEMORANDUM Date: September 24, 2019 To: City Council I From: Susan Dulek, Ass't. City Attorney Re: "Bike" Violations Court costs, fines, and surcharge This Memo is in response to a question asked at the September 17 Council meeting regarding the total amount assessed for a "bike code" violation (i.e., a code provision applicable to the operators of bicycles, electric assist bicycles, electric scooters, and electric skateboards) if the fine is $15.00. State law requires a filing fee of $60.00 for all simple misdemeanors, which is often referred to as court costs. Additionally, state law requires a surcharge of 35% of the fine. Therefore, if a person is found guilty or pleads guilty to a "bike" violation, judgment will be entered against the person for $80.25 as follows: Court costs $60.00 Fine $15.00 Surcharge 5.25 Total $80.25 Copy to: Eleanor M. Dilkes, City Attorney Geoff Fruin, City Manager Kellie K. Fruehling, City Clerk Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 19-4807 Ordinance amending Title 3, entitled "Finances, Taxation and Fees," and Title 9, entitled "Motor Vehicles and Traffic," to provide uniform fines for bicycle and electric device code violations. Whereas, recently enacted Ordinance Nos. 19-4786 and 19-4802 amended the City Code to regulate the operation of electric assist bicycles, electric scooters and electric skateboards on streets and sidewalks the same as the operation of bicycles; Whereas, the penalty for violating a code provision by an operator of a bicycle, electric assist bicycle, electric scooter, or electric skateboard should be the same, and the fine amount should be $15.00; and Whereas, it is in the City's interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 3, entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Section 9, entitled "Violation of Various Code Sections" is amended adding the following new Section 11, entitled "Bicycle and E -Device Violations": 2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 8, entitled "Bicycles," is amended by adding the following new Section 8 entitled "Penalty": Violation of this chapter is a simple misdemeanor punishable by a fine of $15.00. 3. Title 9, entitled "Motor Vehicles and Traffic," Chapter 10, entitled "Electric Devices," is amended by adding the following new Section 3 entitled "Penalty": Violation of this chapter is a simple misdemeanor punishable by a fine of $15.00. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1st day of October 2019. M or Approved c b;a . City Attorney's Office Ordinance No. _ 19-4807 Page 3 It was moved by Mi,,, and seconded by Thomas Ordinance as read be adopted, and upon roll call there were: AYES: NAYS First Consideration _ Vote for passage: Mims, Salih, Second Consideration _ Vote for passage: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton /17/2019 AYES: Teague, Thomas, Throgmorton, Cole, Taylor. NAYS: None. ABSENT: None. that the Date published 10/10/2019 Moved by Mims, seconded by Sa i , tat t e rue 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: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None.