HomeMy WebLinkAbout2019-10-15 OrdinanceItem Number: 12.a.
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www.icgov.org
October 15, 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) (Second Consideration)
ATTACHMENTS:
Description
PZ Staff Report w Attachments
PZ Minutes
Ordinance
Correspondence to Council from Cathy Stone: Riverfront Crossing District
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:
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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
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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
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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).
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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
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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
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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)
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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
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RETAIN GRADES WITH
NATURAL MATERIALS
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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
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\ 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 -`
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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
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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
12,°s
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 (CC -2) and Intensive Commercial (CI -1) 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.
Amend Figure 2G-2: Building Height Diagram for tire 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:
City Attorney's Office 9 �f
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 10/15/2019
Voteforpassage: AYES: Mims, Salih Taylor, Teague, Thomas, Cole.
NAYS: Throgmorton. ABSENT None.
Date published
Figure 2G-1
Riverfront Crossings Regulating Plan
Legend
M South Downtown Subdistrict
University Subdistrict
Orchard Subdistrict
Gilbert Subdistrict
Park Subdistrict
South Gilbert Subdsitrict
West Riverfront Subdistrict
Central Crossings Subdistrict
L .! Public Parks and Open Space
��� Green Space
Primary Street
—� Required Retail Storefront
Required Ralston Creek Frontage
Cr Riverfront Crossings Boundary
University of Iowa Campus
Pedestrian Street
Figure 2G-2
Riverfront Crossings Height Diagram
earrnaroKsr
NONNI
� 1 U ■ Harn�. �,
ren IN ■ � ■
on own
.1i Le I
ji
y e�nfcn �t
N
C
E
Kirkwood ve.
Legend
- 3 stories max.
- 4 stories max.
2 stories min., 6 stories max.
- 2 stories min., 8 stories max.
M 8 stories max. with Iowa River Frontage
Public Parks and Open Space
��� Green Space
Figure 2G-9
Subdistrict Locator - Gilbert
`_ I
Kellie Fruehling
From: Cathy Stone <512cstone@gmail.com>
Sent: Tuesday, October 08, 2019 8:40 PM
To: Council
Subject: Riverfront Crossings District
I support the mayor's position on this issue.
I believe if the city takes the time and effort to implement a master plan,(2013), they need to follow it. Adding a large
eight -story apartment building for students will not add to the diversity and mixed-use that is intended.
The city council needs to look towards the future of this town. Having an out of state developer that is not invested in
the future of our town tell us of the success of this enterprise, is only a small piece of the picture for us. We will
continue to live here, raise our families here and retire here.
Finally, I can't imagine we need more student housing. Every street in our city has a For Rent sign in front of some multi -
complex!
Respectfully,
Catherine Stone
Item Number: 12.b.
+r
p-
W�rm�M
CITY O� IOWA CITY
www.icgov.org
October 15, 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).
l'ii_1;a:ILTi 14011& I
Description
PZ Staff Report w Attachments
PZ Preliminary Minutes
Rezoning Ordinance
Conditional Zoning Agreement
Correspondence to Council from Martha Norbeck: Parking - Energy and Environment Bonus
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
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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
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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
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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)
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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
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RETAIN GRADES WITH
NATURAL MATERIALS
FLOODWAY I ~
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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
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\ 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 -`
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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
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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 =_
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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
Prepared by: Jade Pederson, Planning intern, 410 E. Washington Street, Iowa 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 Approval. 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 Corner 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
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.
Ordinance No.
Page 2
Section II. Zoning Mao. 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
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration _
Vote for passage:
Cole, Mims.
Second Consideration _
Vote for passage:
Date published
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
10/14/2019
that the
AYES: Salih, Taylor, Teague, Thomas, Throgmorton,
NAYS: None. ABSENT: None.
Prepared by. Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (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, 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, development pursuant to this rezoning will cause increased pedestrian use of
the area, establish residential development along Ralston Creek; and eliminate the City's
current access to its utilities, thus creating public needs not adequately addressed by Iowa City
Code of Ordinances, Title 14, the Zoning Code; and
Whereas, the conditions established in this agreement address those public needs created
by the rezoning, including the need to enhance pedestrian infrastructure along S. Gilbert St.; the
need to preserve access to existing utilities; the need to restore Ralston Creek and bridge; and
the need to provide affordable housing; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions to address these public needs, 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 above-described public needs; 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 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 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.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, 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, the following right-of-way and easements, the exact
location of which will be determined upon review and approval of a site plan for
any portion of the above-described property:
1. Right-of-way along the west side of South 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 approximately 20' in width at the southern property line and 0'
at the northern property line, as shown on the attached map, in a location to
be determined by the City Engineer. The form of such dedication shall be by
warranty deed.
2. A 15' wide access easement within the area shown on the attached map
for City ingress and egress with 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 approximate 10' wide access easement for City ingress and egress
with vehicles and equipment 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 seven days of the execution 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 by Owner at Owner's expense, prior to issuance of an occupancy
permit, and shall include, at a minimum:
i. Removal of invasive trees; and
ii. Stream bank stabilization, including necessary grading and addition of
rip -rap.
4. 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.
5. The Owner and Applicant agree 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.
6. The Owner and Applicant agree that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
7. 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.
8. The Owner and Applicant agree that nothing in this Conditional Zoning Agreement shall
be construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
9. 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.]
Dated this day of , 20_
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
azDo�
/0 -'Al-11
City Attorney's Office
State of Iowa )
) ss:
Johnson County )
Capstone Collegiate Communities, LLC
lE //f6fiOa.✓T—
By: I 1PAW%AXWC-LL
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 -Xo wo.
Countyof 'jottnSo✓�
This record was acknowledged before me onjt}�C✓ (s , 201 g by
V)A,J S mo & -H (Name(s) of individual(s)) as \) t c o �P,esideH
(type of authority, such as officer or trustee) of Capsto [leg! to Co munities, LLC.
Notary Publicin or 1he State of Iowa
C. (Stamp or Seal)
* MYCOIAMYSWNEXPIRE&
ne I t�TEMBER 22 My commission expires: 9 (2212x22
Dated this day of , 20_.
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
City Attorney's Office
State of Iowa )
ss:
Johnson County )
Capstone legiate Com ies, LLC
By:
Boyd Investment Company, LC
By: �Marl
obe�4 �L pu�� Marl
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.
State of _
County of
This record was ackn
(type of
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ne Collegiate Communities, LLC Acknowledgement:
vledged re me 2019 by
(Name(s) of in ' dual(s)) as
as officer or trustee) of Capstone Collegiate Communities, LLC.
Notary Public in
(Stamp or Seal)
My commission
4
the State of Iowa
Boyd Investment Company LC Acknowledgement:
State of iow g
County ofahytShcti_
T 's record w acknowledged before me on f i 2019
(Name(s) of individual(s) as Marlill E
(type of authority, s as officer or trustee) of Boyd ly(vestment CoyA n
in add for the State of Iowa
I
(Stamp or Seal)o jos KANDIE K GELNER
Z ConxrgsSion NumW
18e�
My commission expires: I CiM8ER06 2019
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PERMANENT RIGHT—OF—WAY EASEMENT AREA_NZA
TEMPORARY CONSTRUCTION EASEMENT AREA 1.21n SQUARE FFFT
IOWA DEPARTMENT OF TRANSPORTATION
PROJECT NO. 13ROS-3715(663)--8j-52
NORIFEAST CORNEFT
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Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-UJU [Kl=L1Wr1T-
(Date)
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, 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, development pursuant to this rezoning will cause increased pedestrian use of
the area, establish residential development along Ralston Creek; and eliminate the City's
current access to its utilities, thus creating public needs not adequately addressed by Iowa City
Code of Ordinances, Title 14, the Zoning Code; and
Whereas, the conditions established in this agreement address those public needs created
by the rezoning, including the need to enhance pedestrian infrastructure along S. Gilbert St.; the
need to preserve access to existing utilities; the need to restore Ralston Creek and bridge; and
the need to provide affordable housing; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions to address these public needs, 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 above-described public needs; 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 Comer 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 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 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 comer of said Lot 4, of
Block 21; Thence easterly along the southerly boundary of said Lot 4, of Block 21, to the
southeast comer 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.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, 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, the following right-of-way and easements, the exact
location of which will be determined upon review and approval of a site plan for
any portion of the above-described property:
1. Right-of-way along the west side of South-. 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 is -shall generally be approximately 20' in width at the southern
property line and 0' at the northern property line, as shown on the attached
map, in a location to be determined by the City Engineer. The form of such
dedication shall be by warranty deed.
2. A 15' wide access easement within the area shown on the attached map
for City ingress and egress with 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 approximate 10' wide access easement for City ingress and egress
with vehicles and equipment 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 Citv Attorney.
b.
Within seven days of the
execution this Conditional Zoning Agreement by all parties,
fiFst, Owner shall dedicate to the City, with no compensation to Owner, a
temporary construction easement for the area shown on the attached Eexhibit A
and in a forth 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 by Owner at Owner's expense, prior to issuance of an occupancy
permit, and shall include, at a minimum:
I. Removal of invasive trees; and
ii. Stream bank stabilization, including necessary grading and addition of
rip-rap.�a
4. 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.
5. The Owner and Applicant agree 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.
6. The Owner and Applicant agree that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
7. 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.
8. The Owner and Applicant agree that nothing in this Conditional Zoning Agreement shall
be construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
9. 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.)
Dated this day of 20_
City of Iowa City
Capstone Collegiate Communities, LLC
Jim Throgmorton, Mayor By:
Attest:
Boyd Investment Company, LC
Kellie Fruehling, City Clerk By:
Approved by:
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
Johnson County )
This instrument was acknowledged before me on '20 by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
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:
4
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 Seal)
My commission expires:
Q1
ACQUISITION PLAT
m COUNTY JOHNSON PROJECT NQ 2xc BET QW PARCEL NO. I
PERMANENT RIGHT-OF-WAY EASEMENT AREA _N/A
TEMPORARY CONSTRUCTION EASEMENT AREA _1.270 SQUARE FEET _,
xIOWA DEPARTMENT OF TRANSPORTATION
x PROJECT NO. BROS-3715(663)--BJ-52
LEGAL DESTYEIPTION:
NORMA= CORNER NORTHEAST CODER
Lor 1, MOON 21, PRENTISS STREET WAS 1m I. anal 21.
COUNTY SEAT AMMON (55.) COUNTY SEAT AMMON
117 NQWIW48'E Caw
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rn SEN I�dPi
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LRLN ETWET N5S OF LOT 1
A tO. MMY CCHSTRUCHON EASEMENT LYNC MM THE MFSr
55 FEET OF Wr 1. MACE 11. NI1MY SEAT AOOEffOR N! TND YM.
OF KWA QTY. KVAX NOTE PARTTYOAR3Y OE7LIDHFD AS FTIT CMY
CONTAM9 1,210 SQUARE FELT. MORE OR LESS, AND SUBECT M
EASEMENTS. RESFRYATON% RESTFICITMA ANO RNNIT--OF-WAY
RECORD AND NOT OF REOORM
y
33
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CONSTRUCTION HQm ' — — — -WAY UNE
THIS SURVEY is SUB.ECT M L-� — __� TEMPORARY EASaUNr WE
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EASEMENT EASEMEIL,� RES RVATION% RO.M. FUCHT� WAY
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Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (REZIM7)
Conditional Zoning Agreement
This agreem tis made between the City of Iowa City, Iowa, a mu cipal corporation
(hereinafter "CI "), and Boyd Investment Company, LC (hereinafter "O er"), and Capstone
Collegiate Com\nities,C (hereinafter "Applicant").
Whereathe legaltitle holder of approximately 1. acres of property located at
305 and 315 Eatreet and 625 South Gilbert Street; dWhereaicant has requested the rezoni of said property from Intensive
Commercial (Cmunity Commercial (CC- to Riverfront Crossings — Central
Crossings (RFC
Whereas, the conditions 4tat
the enhancement of pedestrian infNs
pedestrian and vehicle traffic, City a
Ralston Creek restoration, and afforda
Whereas, the Planning and
conditions regarding dedication of
provision of an access easement for
of the subject property, provision of a
that runs on the southeast end of t
dedication of a temporary constru
Bridge, and satisfaction of thea r(
the City Code for any new resi ntic
Comprehensive Plan; and
I in this greement address public needs, including
re alo g S. Gilbert St. by creating a buffer between
to u ' ity infrastructure for repairs and maintenance,
)unq; and
min Commission has determined that, with appropriate
)ht ay along the west side of South Gilbert Street,
i veh les to access a manhole on the southwest comer
access asement for City access to a sanitary sewer line
property, improvements to Ralston Creek including the
n easemen for the reconstruction of the Prentiss Street
ble housing Nequirements set forth in section 14-2G-8 of
development, 1khe requested zoning is consistent with the
Whereas, Iowa CocJA §414.5 (2019) provides t t the City of Iowa City may impose
reasonable conditions on ranting a rezoning request, o r and above existing regulations, in
order to satisfy public ne9ds caused by the requested chan ; and
Whereas, the Owner acknowledges that certain onditions and restrictions are
reasonable to ensure/the development of the property is con 'stent with the Comprehensive
Plan and the needr creek restoration, pedestrian safety, Cit access to infrastructure, and
affordable housing; nd
Whereas,/the Owner agrees to develop this property in accoMance with the terms and
conditions of a Vonditional Zoning Agreement.
Now, therefoy( , in consideration of the mutual promises contained herein\he parties agree as
follows:
1. Boyd Investment Company, LC is the legal title holder of the propertyXegally described
Lots 1, 2, 3, and 4 of Block 21 of County Seat Addition to Iowa City, And t t tract lying
West of Gilbert Street and North of the Iowa Interstate Railroad described IR the deed
Book 1967 at Page 279 as Commencing at the Northeast Corner of Lot 1, BIbkCk 21, of
1
the County Seat Addition; Thence S00°12'59"W, along the Easterly line of said Block 21,
261 feet to the Point of Beginning; Thence S89°10'00"E, 22.00 feet; Thence
S54 7'41"E, 46.02 to the Northwesterly right of way line of Gilbert Street; Thence
south esterly, 80.06 feet, along said right of way line, on a 989.93 foot radius curve,
conca a southeasterly (chord S32°43'18"W, 80.04 feet); Thence N82°21'24"E, 213.00
feet; T ence N00012'59"E along the westerly line of said Beck 21, of County Seat
Addition nd its projection thereof, 7.75 feet to the
sou t corner of said Lot 4, of
Block 21; hence easterly along the southerly boundary of aid Lot 4, of Block 21, to the
southeast rner thereof; Thence northerly along the ea erly line of said Lot 4, of Block
21, to the P ' t of Beginning hereof. Described area ntains 1.60 acres and is subject
to easements nd restrictions of record.
2. The Owner ackn wledges that the City wisheslb ensure conformance to the principles
of the Comprehen
!edges
Plan and the Downto nand Riverfront Crossings Master Plan.
Further, the parties=11owing
e that Iowa ode §414.5 (2019) provides that the City of
Iowa City may impole condi ' ns on granting a rezoning request, over and
above the existing rn order o satisfy public needs caused by the requested
change.
3. In consideration of zo ing the subject property, Owner and Applicant agree
that development oproperty will conform to all other requirements of the
zoning chapter, as (lowing conditions:
a. Prior to issuance of buil g permit, Ownershall dedicate to the City, with no
compensation to O ner:
1. Right -of ay along the est side of S. Gilbert Street to accommodate the
relocation of a sidewalk alo South Gilbert Street so that there is a buffer
between the sidewalk and a street. The area to be dedicated shall
genera be 20' in width at the outhern property line and 0' at the northern
grope y line as shown on the a ched map.
2. n easement for the area sh
a equipment to access the m
rs uthwest corner of the subject
y the City Attorney.
on the attached map for City vehicles
le for the trunk sewer located near the
y, in a form of agreement approved
3. An easement for the area shown on th attached map for City access to
the sanitary sewer line that runs through tNte former Maiden Lane right-of-
way through the southeast end of the s bject property, in a form of
agreement approved by the City Attorney.
Within 7 days of the execution of this conditional zone g agreement by all parties,
Owner shall dedicate to the City, with no compensate n to Owner, a temporary
construction easement for the area shown on the atthed Exhibit A and in a
form of agreement approved by the City Attorney.
c. Prior to issuance of a building permit, Owner shall design a d obtain approval
from the City Engineer and City Forester, a plan to improve t at portion of
Ralston Creek abutting the above-described property. Such i provements 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 necessaryJgrading and addition of rip -
rap; and
3. Planting of trees.
3. Owner and plicant acknowledge the requirem is of Iowa City Code of Ordinances
14-2G-8, whic requires the execution of an aff dable housing agreement to satisfy the
affordable house obligations through the pr ision of on-site owner -occupied dwelling
units, on-site rent dwelling units, and/ort payment of a fee in lieu of the remaining
dwelling units not p vided on-site or as therwise agreed to between Owner and the
City.
4. The Owner and Applica t ackno ledge that the conditions contained herein are
reasonable conditions to im ose the land under Iowa Code §414.5 (2019), and that
said conditions satisfy public s that are caused by the requested zoning change.
5. The Owner and Applicant ck wledge that in the event the subject property is
transferred, sold, redevelo d, or ubdivided, all redevelopment will conform with the
terms of this Conditional ning Agre\reain
6. This Conditional Zonin Agreement med to be a covenant running with the
land and with title to a land, and shfull force and effect as a covenant with
title to the land, u less or until reecord by the City of Iowa City. This
agreement shall i re to the benefid all successors, representatives, and
assigns of the pa ies.
7. The Owner Od Applicant acknowledge that othing in this Conditional Zoning
Agreement s all be construed to relieve the Owner r Applicant from complying with all
other applic le local, state, and federal regulations.
8. This Co itional Zoning Agreement shall be incorp rated by reference into the
ordinan rezoning the subject property, and that upon a option and publication of the
ordina e, this agreement shall be recorded in the Johnson ounty Recorder's Office at
the A licant's expense.
[Remainder of this page intentionally left
3
Dated this day of 20.
City of Iowa City Capstone Collegiate Communities, LLC
Jim Throgmorlpn, Mayor
Attest:
Kellie Fruehling, City
Approved by:
City of
State of Iowa )
) ss:
Johnson County )
This instrument was acknowle ed before
Throgmorton and Kellie Fruehlin as Mayor and
State of
County of _
This record
(type of aut
0
Boyd Inve7t Company, LC
By:
Acknowledgement:
on , 20_ by Jim
Clerk, respectively, of the City of Iowa City.
/ Notary Pu\Rank)
the State of Iowa
(Stamp or
Title (and Collegiate Communities, lodgement:
acknowledged before me on 2019
(Name(s) of individual(s)) as
F, such as officer or trustee) of Capstone Collegiate Corn
Notary Public in
(Stamp or Seal)
My commission
4
State of
, LLC.
Boyd Investment Company LC Acknowledgement:
State of _
County of
This record was ackhwledged before me on 019 by
(Name(s) of individual(s) as
(type of authority, such h§ officer or trustee) of Boyd InvestmgAf Company, L.C..
Notary
5
in and for the State of Iowa
or Sea[)
expires:
Qi
ACQUISITION PLAT
COUNTY JOHNSON PROJECT NO. SEE eFioW PARCEL NO.
PERMANENT RIGHT—OF—WAY EASEMENT AREA
TEMPORARY CONSTRUCTION EASEMENT AREA 1,210 SO T
IOWA DEPARTMENT OF TRANSPORTATION
W PROJECT N0. BROS-3775(663)--6J— _
NORTHEAST CORNER
PRENTISS STREET W55' LOT 1. BLOCK
A TEMPORARY CONSTRUCTION EASEMENT LYING MTHIN THE WEST
50 FEET OF LOT 1. BOCK 21, COUNTY SEAT ADDITION N THE CITY
OF IOWA CITY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLIDN5:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 21;
THENCE NORTH 89 DEGREES 18 MINUTES 48 SECONDS EAST HANG
THE SOUTH WGHT--OF-WAY LINE OF PRENTISS STREET. MOO FEET
TO 71M NORTHEAST CORNER OF 7HE WEST 55' OF LOT 1. BLOCK
21. COUNTY SEAT ADDITION;
THENCE SOUTH 00 DEGREES 40 MINUTES 15 SECONDS EAST ALONG
THE EAST UNE OF SAID VEST 55 FEET OF LOT 1. 22.00 FEET;
THENCE SOLD{ e9 DEGREES 15 MBNUTFS 48 SECONDS WEST. 5500
FEET TO THE EAST RIGHT--OF-WAY LINE OF LNN STREET;
THENCE NORTH 00 DEGREES 40 MINUTES 15 SECONDS WEST ALONG
SAN EAST WOR -OF -WAY UNE 2200 FEET TO THE PONT OF
BEGINNING.
CONTAINING 1,210 SQUARE FEET, MORE OR LESS, ANO SUBJECT TO
EASEMENTS, RESERVATIONS, RIS7WCBONS, AND RICHT-OF-WAY
RECORD AND NOT OF RECORD.
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A TEMPORARY CONSTRUCTION EASEMENT LYING MTHIN THE WEST
50 FEET OF LOT 1. BOCK 21, COUNTY SEAT ADDITION N THE CITY
OF IOWA CITY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLIDN5:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 21;
THENCE NORTH 89 DEGREES 18 MINUTES 48 SECONDS EAST HANG
THE SOUTH WGHT--OF-WAY LINE OF PRENTISS STREET. MOO FEET
TO 71M NORTHEAST CORNER OF 7HE WEST 55' OF LOT 1. BLOCK
21. COUNTY SEAT ADDITION;
THENCE SOUTH 00 DEGREES 40 MINUTES 15 SECONDS EAST ALONG
THE EAST UNE OF SAID VEST 55 FEET OF LOT 1. 22.00 FEET;
THENCE SOLD{ e9 DEGREES 15 MBNUTFS 48 SECONDS WEST. 5500
FEET TO THE EAST RIGHT--OF-WAY LINE OF LNN STREET;
THENCE NORTH 00 DEGREES 40 MINUTES 15 SECONDS WEST ALONG
SAN EAST WOR -OF -WAY UNE 2200 FEET TO THE PONT OF
BEGINNING.
CONTAINING 1,210 SQUARE FEET, MORE OR LESS, ANO SUBJECT TO
EASEMENTS, RESERVATIONS, RIS7WCBONS, AND RICHT-OF-WAY
RECORD AND NOT OF RECORD.
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LOT/RIGHT--OF-WAY UNE
TEMPORARY EASEMENT LINE
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Kellie Fruehling
From:
Sent:
To:
Subject:
Attachments:
Dear Council Members,
Martha Norbeck <martha_norbeck@hotmail.com>
Thursday, October 10, 2019 1:18 PM
Council
Parking - Energy and Environment Bonus
Reimaagining Transit.pdf
Thank you for pointing out the opportunities to for the developer of 305, 315 E. Prentiss Street and 625 S.
Gilbert Street to reduce the carbon impact of their development.
As Clarissa Dietz noted, and the Mayor reiterated, the current density bonus under the Energy and
Environmental Design provision is vague. The intent of a bonus height is for it to be awarded in exchange for a
public good. Currently, the burden is on staff to oversee that the public value of the environmental strategy is
equivalent to what would be achieved if the project were to be LEED certified. This is unfair to staff and
developers and depends on the integrity of individuals to make judgments rather than having a level playing
field. If council is not comfortable with requiring LEED, then I would recommend you set specific measurable
minimum performance targets.
Council woman Taylor notes that separate charges for parking adds a cost burden to tenants. She also noted
that the 259 parking spaces seemed significant for this location.
Please refer to the attached document which introduces an new way of thinking about parking requirements.
Sincerely,
Martha Norbeck
Re -Imagining Transportation
in Iowa City
What if instead of looking at bikes, buses,
pedestrians and cars as separate, you redefine
them all under the term "Transit Support."
The purpose of transportation is to move
people and goods. Shifting the focus
enables creative solutions that don't center
around storage of private automobiles.
Iowa City was just listed as a top -five car free
very small metro. ("The Best and Worst US
Places to Live Car -Free." City Lab Richard Florida.
September 24, 2019.)
KWdM av 3118 tfilr9= I I aIM br 1Jf19t kurt
__ - _ Y_,
Here Rides a Car Driver: half of all car trips in Malmo are ridiculously
short. (Search "No Ridiculous Car Trips" Malm6)
If a valid claim, what is the utility of a zoning requirement of 259 parking spaces for the proposed 625 S. Gilbert
St. project?
What if you re -define parking requirements for automobiles to requirements for transit support?
A parking space in a parking garage is 10x20 feet (200 sf). In the same 200 sf, you could provide private bike
lockers for eight residents, or a cozy efficiency.
1 Car
200 SF
8 Bike Lockers with circulation
io
I
1 Efficiency
Structured parking spaces cost $20,000-
$25,000 each. Requiring car parking
drives up construction costs, the cost of living,
and greenhouse gas emissions.
Redefining car parking as transit support
would enable creative solutions.
• Talo Apartments in Minnesota
advertises a Bike Lounge (storage and
repair) as an amenity.
Electric Cargo Bike
• Support shopping and the less ambitious with Zip Car style solutions for Electric scooters, Electric Cargo
bikes, Electric bicycles with baskets.
• In exchange for reduced auto parking, seek payment into a Transit Services fund. This fund would
support tackling cultural resistance with a public service campaign akin to the Swedish No Ridiculous Car
Trips program.
Scandinavians bike winter long. There are many reasons for this including culture, cost and
infrastructure. Nothing says we must embrace the status quo.
People have loads of excuses for not biking and walking. Enabling
"Transit support" solutions could help address some of these excuses
that lead to ridiculous car trips:
• I have to carry things.
• I don't like biking up hills.
• I'm unmotivated.
• Worries about theft and vandalism.
• It's not cool.
• I have small children.
Re -imagining parking requirements in the core of Iowa City would reduce first costs for developers, enable more
people to live without a personal automobile, lower the cost of living, decrease congestion, and decrease carbon
emissions.
Item 12.c.: Fringe Area Rezoning -American
Legion Road
CZ19-01
A letter to the Johnson County Planning and Zoning Commission in
support of a rezoning from County (A) to County Residential (R) for
approximately 25.32 acres of property located in unincorporated
Johnson County north of American Legion Road and south of 400th
Street SE.
A
R�, A A A A A
A
C
1'
A A
A AR A
R R Rl` RR A AAAA A
A R A
A A __.. A1.,_._ RRRRRRRRR
:.ARRR R.. RR=--�1-..-.-.
R . k
.. R R. -' A s
R A A it�,�`�
An application suhmittedhy Claude Greiner
for the rezoning of 2 5.3 2 acres located north
of American Legion Road and south of 400th
Street SE from County Agricultural (A) to
County Residential (R).
CIT1'CIF In+YA CITY
A A A A
4M—II —
A A
R:.R R'RiR RRR/R R3 A ... �.
R RR --;
A
AR "�R. R AA R A
_
!c• . A
R AA R
A
A A
A
A
A A
AI A
A A
\�A
A A
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REZONING EXHIBIT MS=T«
LOT A OF REDWING ESTATES
JOHNSON COUNTY, IOWA
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LEGEND AND NOTE;
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2018 Rezoning Request
Staff recommended denial due to
conflicts with the Fringe Area
Agreement
PZ and Council agreed with staff
Resulted in conflict resolution
committee
City Council ultimately
recommended approval and
directed staff to begin an update
to the Fringe Area Agreement
A,, pyllm llon... nilLL,d by Clautln f.
antl Mary P Greinerf-the e......., of
Compliance with County's
Comprehensive Plan
Future Land Use Map identifies
this area as Residential
Residential land use category
allows single-family detached
dwellings with a preferred density
of 1 unit / acre or denser
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City Council recommendation to the Johnson
County Planning Commission-P&Z
recommendation (October 2019)
Planning &Zoning Commission
Recommendation
The Planning & Zoning Commission recommends approval of CZ19-01, a letter
in support of the proposed County rezoning.
Item Number: 13.
+r
p-
W�rm�M
CITY O� IOWA CITY
www.icgov.org
October 15, 2019
Ordinance amending Title 14, entitled "Zoning Code," Chapter 6, entitled
"Airport Zoning," to update the airport zoning requirements based on the new
Airport Layout Plan, closing of the north/south runway, and changes in FAA
regulations.
/_1 A IfMH:I LTi U4t&13
Description
staff report
minutes
ordinance
zoning overview map
Runway 7 map
Runway 12 map
Runway 25 map
Runway 30 map
Staff Report
To: City Council
Prepared by: Michael Tharp, Airport Operations Specialist
Date: 9/24/19
GENERAL INFORMATION:
Applicant: Airport Zoning Commission
Property Owner: City of Iowa City
Requested Action: Approval of Airport Zoning Code changes (Section 14-6)
Purpose: Exercise, to the fullest extent possible, the powers granted to
municipalities under the Code of Iowa and to codify existing regulations of
the Federal Aviation Administration relating to land uses incompatible with
or constituting a hazard to aviation at the Iowa City municipal airport.
Location: Iowa City Municipal Airport and surrounding properties within the overlay
zones
Location Map:
Backaround Information:
The Airport Commission and City accept a number of grant assurances related to managing and
operating the Iowa City Municipal Airport each time a federal or state grant is accepted to assist
with funding of improvement projects at the airport. These grant assurances include operating
the airport consistent with federal and state regulations; maintaining clear approaches to the
runway; and regulating the land use around the airport in order to prevent future hazards or
obstructions from being created.
The Airport Zoning Code is found in Section 14-6 of the City Code and consists of both text and
overlay maps designed to protect the airspace over the airport and surrounding properties.
Current:
The Federal Aviation Administration (FAA) approves airport layout plans which reflect future
operations planning by airport sponsors. The current airport zoning code references the airport
layout plan that was created as part of the 1996 Master Plan and was updated in 2002 to reflect
changes to the airport at that time.
In 2016, the Iowa City Airport Commission completed a new airport layout plan as part of a
Master Plan update process necessitating an update to the airport zoning code.
The recommended updates to the airport zoning code, which are summarized below, are based
on the new airport layout plan, changes in the FAA regulations, and closure of the north/south
runway to the airport layout plan and include:
Update changes to each of the 14 CFR Part 77 airspace dimensions (meaning all the
various overlay zones, such as the runway protection zone) to match current airport
zone requirements. These changes Bring more of the approach zone, and all of the
runway protection zone, over City -owned property. The approach zone is the overlay
zone meant to provide a safe transition from flight to landing for aircraft. The runway
protection zone is an inner section of the approach zone area meant to enhance the
protections of people and property on the ground in the event of an aircraft accident
occurring beyond the runway end. The FAA desires that airport operators control this
area of property through ownership. This change also results in a higher zone elevation
over the properties being impacted, meaning that buildings can be constructed at greater
heights.
Update the references to Runway 18/36 (aka, the north/south runway) which has been
decommissioned and is no longer in use as a runway.
Updates the FAA Notice of Proposed Construction or Alteration requirements to match
current rules and submission requirements for projects that might exceed one of the Part
77 airspace zones. This is a part of the building permit process (and often referred to as
an "airspace study") and is used to submit information to the FAA for review to establish
whether a proposed project is an obstruction or hazard to airspace, aircraft operations or
to the airport.
Updates the penalty section to reference Title 1, Chapter 4 of the City Code
In 2018, the Airport Commission entered into a contract with a consultant, SEH Inc., to draft
proposed changes to Section 14-6 of the City Code. The proposed ordinance includes text
changes and revised maps depicting the various overlay zones as explained above, which have
been reviewed by NDS staff.
Under state law (Chapter 329 of the Iowa Code), amending an airport zoning ordinance must
begin with the Airport Zoning Commission, not the City Planning and Zoning Commission. The
Airport Zoning Commission consists of two members appointed by the City Council and two
appointed by the Board of Supervisors. Those four selected a chair as required by state law.
The Airport Zoning Commission met on September 6, 2019 to discuss the proposed changes to
the airport zoning code. They recommended to adopt the proposed changes on a 5-0 vote.
Airport Zoning Commission
September 6, 2019
Page 1
MINUTES FINAL
IOWA CITY AIRPORT ZONING COMMISSION
SEPTEMBER 6, 2019 —11:30 A.M.
AIRPORT TERMINAL BUILDING
Members Present: Mike Parker, Chris Ogren, Dennis Keitel, Royceann Porter, Randy
Hartwig
Members Absent:
Staff Present: Michael Tharp, Sue Dulek
Others Present: Melissa Underwood
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
Recommend adopting changes to Sections 14-6-1 to 14-6-19 (Airport Zoning Code)
CALL TO ORDER:
Hartwig called the meeting to order at 11:36 A.M.
PUBLIC DISCUSSION:
None.
ITEMS FOR DISCUSSION/ACTION:
a. Approval of Minutes: 08-14-2019:
Hartwig asked for approval of the minutes. Parker moved to approve the minutes,
seconded by Ogren. Motion carried 4-0 (Porter absent).
b. Review of proposed code changes to Sections 14-6.1 to 14-6-19 (Airport Zoning
Code): Tharp gave a quick history on the code changes stating that these changes
were brought about by the Airport Commission's update to the Airport Master Plan in
2016. Tharp noted that as part of the master plan changes to the runway design
category and projects related to obstruction mitigation were recommended and
ultimately approved by the Airport Commission and accepted by the FAA. He then
introduced Melissa Underwood of SEH, Inc. Underwood presented the changes in
the zoning code to the Commission members.
Underwood described the changes to that were happening via the Airport Master
Plan which were the relocation of the Runway 25 displaced threshold closer to
Riverside Drive; the relocation of the Runway 12 threshold further to the south to
decrease the approach zone impacts to the neighborhood northwest of the airport,
and the addition of pavement on the Runway 30 end to compensate for the loss of
runway by relocated the 12 threshold. Underwood also stated the proposal Included
changes to remove the language protected the old 18/36 runway that was
Airport Zoning Commission
September 6, 2019
Page 2
decommissioned and is no longer used as an active runway. Keitel asked about
existing obstructions and if property owners were aware. Tharp noted that the
current code places the responsibility on the property owners to prevent things from
being built or grown into the approach paths and that there were roughly 30
obstructions on each end of the 12/30 runway. Tharp stated that they are currently
working with property owners and the FAA on a program which the Airport would
remove the obstruction trees without cost to the property owners. Underwood also
stated that the penalty sections was revised so that it met with current city
enforcement as well as updating the section regarding airspace studies to match the
current FAA requirements. Parker asked about the 7/25 runway and its obstructions.
Tharp noted that this runway had previously went through an obstruction mitigation
project during the time it was lengthened. Keitel asked about the change in
classification to the runway. Underwood responded by stating that the "C" aircraft
classification shows aircraft that are faster on approach as compared to be "B"
aircraft. She stated the FAA uses 500 operations by an aircraft category to provide
design dimensions for the runway. Underwood stated that changing the
classification doesn't change who's able to use the runway. Keitel asked how long
these changes would be in effect for, Underwood responded that the life of the
master plan. Porter asked what was required from the board. Tharp stated they
need a recommendation to approve the changes from the Commission. This would
send the code changes to the City Council. Hartwig asked if there was further
discussion, hearing none, asked for a motion to recommend approval of the
changes.
c. Consider a motion to recommend to City Council to adopt Airport Zoning Code
changes: Keitel moved, Seconded by Parker. Motion carried 5-0
ADJOURN: Ogren motioned to adjourn, seconded by Keitel. Motion Carried 5-0; Meeting
adjourned at 12:08 P.M.
CHAIRPERSON
ja
DATE
Airport Zoning Commission
September 6, 2019
Page 3
Airport Zoning Commission
ATTENDANCE RECORD
2019
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
TERM
o
m
NAME
EXP.
Nom►
O
Dennis Keitei
12/31/2023
O
X
X
Christine Ogren
12/31/2021
X
X
X
Mike Parker
12/31/2022
X
X
X
Royceann Porter
12/31/2020
X
O
X
Randy Hartwig
12/31/2024
NM
NM
X
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
STAFF PRESENTATION TO FOLLOW:
=11
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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
Presentation for
Iowa City Municipal Airport
Airport Zoning Code Update
Building a Better World for All of Us°
SEH
October 15, 2019
History and Purpose
• Airport Zoning Code last updated in 2002
— Several changes to the airport have occurred
since then
• FAA Grant Assurances
— Operate the airport in safe, efficient manner
— Protect airport related airspace from
encroachment
• Airport Layout Plan
— Updated along with Airport Master Plan in 2016
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SEH Building a Better World for All of Us®
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Existing Airport Zoning Ordinance
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Building a Better World for All of Us®
Overall Runway Changes
• Runway design code change: C -II to B -II
— Design code based on aircraft category that reach 500
operations per year (FAA defined)
• Runway 7/25
— Updated to follow approach procedure changes
• Runway 12/30 remain the same size but location shifts
to match future runway dimensions.
• Runway 18/36 removed from the zoning ordinance
-o�
SEH Building a Better World for All of Us®
Controlled Activity Zone Changes
• Updated to match the Runway Protection
Zones off each runway end
• Runway 18/36 removed from the zoning
ordinance
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SEH Building a Better World for All of Us®
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Additional Changes
• Penalties re -written to reference City Code
so when the City Code is updated, this
ordinance will not need formal changes.
• Appendix II: Notice of proposed construction
or alteration, FAA form 7460-1
— Process was updated in the ordinance to reflect
changes to FAA process
-o�
SEH Building a Better World for All of Us®
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
13.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 14, entitled "Zoning Code," Chapter 6, entitled
"Airport Zoning," to update the airport zoning requirements based on the
new Airport Layout Plan, closing of the north/south runway, and changes in
FAA regulations.
Whereas, due to the Federal Aviation Administration (FAA) approving an updated Airport
Layout Plan for the Iowa City Municipal Airport, the decommissioning of runways 18 and 36
(aka, the north/south runway), and the FAA amending its regulations, the City Airport Zoning
Code needs to be updated to reflect these changes; 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 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 3,
entitled "Definitions," is amended by adding the underlined text and deleting the strike through
text as follows:
Airport Zoning Map: The Iowa City municipal airport zoning maps, dated Ma•�5,
20=anuary 15. 2019, and as thereafter amended by ordinance, which maps isare adopted by
this chapter and which maps isare on file in the office of the city clerk, Iowa City, Iowa.
Inner Edge: That edge of any zone that is closest to the runway end to which the zone
applies. The inner edge is perpendicular to the runway centerline. The elevation of each inner
edge is the same as the elevation of the runway threshold to which it applies, and which is
depicted on the airport zoning maps, dated " aFGh 26-,4002January 15. 2019, and as thereafter
amended by ordinance, which maps isare adopted by this chapter and which maps isare on file
in the office of the city clerk, Iowa City, Iowa.
2. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 4, entitled
"Airport Zones," Subsections Al, B, C1, and D are amended by adding the underlined text and
deleting the strike through text as follows:
In order to carry out the provisions of this section there are hereby created and established
certain zones which are adopted and described herein, and which are depicted on the Iowa City
airport zoning maps, dated ""^F^, Q o, 25i00-2January 15 2019, and as thereafter amended by
ordinance, which map is adopted by this chapter and,which map is on file in the office of the city
clerk, Iowa City, Iowa. Any structure or tree located in more than one zone is considered to be
only in the zone with the more restrictive height and use limitation. The various zones hereby
established and defined are as follows:
A. Approach Overlay Zone (AO) Defined:
1. AO Zones Designated: The AO zones at the airport are as follows:
a. Runway 25 (A025): Beginning two hundred feet (200') beyond the runway threshold
to the northeast, and centered on the extended centerline of the runway, the inner
edge of the zone is ene4heesandfive hundred feet (4;999500') wide, expanding
uniformly to an outer edge width of ebdeeR4hGusaPdthree thousand five hundred feet
(4&,-0003_). The altitude of the inner edge is the same as the altitude of the
runway threshold at the centerline, as depicted on the airport zoning maps. For each
fifty -thirty-four feet (5034') of horizontal distance, the floor of the zone rises from the
inner edge one foot (1') (5340:1) for a horizontal distance of ten thousand feet
(10,000')„ , one feet
b. Runway 7 (AO7): Beginning four hundred thirteenene thousand feet (4TO00413')
beyond the paved portion at the end of the runway and centered on the extended
centerline of the runway, the inner edge of the zone is five hundredeae4kieusaad feet
(4,090500') wide, expanding uniformly to an outer edge width of one thousand five
hundred feet (1,500'). The altitude of the inner edge is the same as the altitude of the
runway threshold at the centerline, as depicted on the airport zoning maps. For each
twenty feet (20') of horizontal distance, the floor of the zone rises from the inner edge
one foot (1') (20:1), continuing for a total horizontal distance of five thousand feet
(5,000').
c. Runway 30 (AO30): Beginning two hundred feet (200') beyond the threshold at the
southeast end of the runway and centered on the extended centerline of the runway,
the inner edge of the zone is five hundred feet (500') wide, expanding uniformly to an
outer edge width of three thousand five hundred feet (3,500'). The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline, as
depicted on the airport zoning maps. For each thirty four feet (34') of horizontal
distance, the floor of the zone rises from the inner edge one foot (1') (34:1), for a
total horizontal distance of ten thousand feet (10,000').
d. Runway 12 (AO12): Beginning two hundred feet (200') beyond the threshold to the
northwest, and centered on the extended
centerline of the runway, the inner edge of the zone is five hundred feet (500') wide,
expanding uniformly to an outer edge width of one thousand five hundred feet
(1,500'). The altitude of the inner edge is the same as the altitude of the runway
threshold at the centerline, as depicted on the airport zoning maps. For each twenty
feet (20') of horizontal distance, the floor of the zone rises from the inner edge one
foot (1') (20:1), continuing for a total horizontal distance of five thousand feet (5,000').
WIN
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B. Controlled Activity Runway Protection Zone (CA-RPZ) Defined: An area of fixed size,
underlying the innermost portion (closest to the runway end) of the AO zone for that runway,
descending from the floor of the AO zone to the ground. The width and length of CA-RPZ
Zones may vary, and may be different on each runway end.
CA-RPZ Zeaes Designated: The CA-RPZ zones -for the airport are as follows:
a. Runway 25 (CA-RPZ25): Underlying the innermost one thousand seven handfed
feet (1,7000') of the AO zone at the northeast end of the runway, the width of the CA_
RPZ zone is five hundred onet."'eusand-feet (47098500') at the inner edge and
expands uniformly to a width of seven hundred one thousand five a„d,ed{en-feet
(44$700').
b. Runway 7 (CA-RPZ7): Underlying the innermost one thousand se�•�.en4iun4Fed-feet
(1,7000') of the AO zone at the southwest end of the runway, the width of the CA_
widRPZ zone is five hundred feet (500') at the inner edge and expands uniformly to a
th of eae theasend tenseven hundred feet (440700').
c. Runway 30 (CA-RPZ30): Underlying the innermost one thousand feet (1,000') of the
AO zone at the southeast end of the runway, the width of the CA-RPZ zefeis five
hundred feet (500') at the inner edge, expanding uniformly to a width of seven
hundred feet (700').
d. Runway 12 (CA-RPZ12): Underlying the innermost one thousand feet (1,000') of the
AO zone at the northwest end of the runway, the width of the CA-RPZ zene is five
hundred feet (500') at the inner edge, expanding uniformly to a width of seven
hundred feet (700').
a. Runway 36 (GA36): UndeFly*Rg the iRReFFnGSt one thousand feet (1,009') of the AQ
feet (250') at the inReFedge, expanding UR;fGF lyt-aaP.A.Fid-t-1h. A-P.0-1-14URdred fifty fee
feet (25G') at the inner edge, expanding unifeR:nly to a width Gf fGUF huRdFed fifty feet
(454.
2. Use Limitations:
a. No person shall establish or maintain any noncompatible use in any controlled
activity -Runway Protection Zone zone.
b. No structures, other than airport structures, the location of which is dictated by
function, either permanent or temporary, shall be permitted in any portion of any
controlled activity-Runwav Protection Zone zone on land that is the property of the
city of Iowa City, Johnson County, or the state of Iowa.
C. Horizontal Overlay Zone (HO) Defined:
The airspace above a horizontal plane, the perimeter of which is established by swinging
arcs of ten thousand foot (10,000') radii from the center of the inner edge of the AO
zones of runways 25 and; 30,and 36, and an arc of five thousand foot (5,000') radius
from the center of the inner edge of the AO zone of runways 12; and 7, and -4-9, and
connecting the adjacent arcs by lines tangent to those arcs. The floor of the HO zone is
one hundred fifty feet (150') above the airport elevation, or eight hundred thirty four feet
(834') above mean sea level.
D. 1. TO Zones Designated: The TO zones for the airport are as follows:
a. Runway 25 (TO25): Along each side of the runway, beginning at a point five
tauadfedtwo hundred fifty feet (500'250') from the centerline of the runway and at
right angles to the runway centerline, and from each side of the AO zone at the
northeast end of the runway, at right angles to the extended runway centerline. The
TO zone is interrupted at the point where it intersects the HO zone_, ^�„d-resat
the GHteF edge of the CC) zone and GARt"RIAPS AUAY-R-rd- a3t Fight aRgIes to the extended
Wre
the AD 7nna
b. Runway 7 (TO7): Along each side of the runway, beginning at a point five
hdadredtwo hundred fifty feet (500250') from the centerline of the runway and at right
angles to the runway centerline, and from each side of the AO zone at the northwest
end of the runway, at right angles to the extended runway centerline. The TO zone
ends at the point where it intersects the HO zone.
c. Runway 30/12 (TO30/12): Along each side of the runway, beginning at a point two
hundred fifty feet (250') from the centerline of the runway and at right angles to the
runway centerline, and from each side of the AO zone at each end of the runway at right
angles to the extended runway centerline. The TO zone ends at the point where it
intersects the HO zone.
3. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 5, entitled
"General Zoning Regulations," Subsections A and D are amended by adding the underlined text
and deleting the strike through text as follows:
A. Except as otherwise provided herein, no person shall construct or alter any structure in any
zone created herein without having first obtained a building permit from the building official,
or a zoning permit from the zoning administrator. No person shall be issued a permit for any
construction or alteration in any AO, CA-RPZ, or TO zone, without a determination or finding
from the FAA, pursuant to the submission of an applicable notice of proposed construction
or alteration. Such finding or determination must not find or determine that the proposed
construction or alteration:
1. Would create a hazard.
2. Would endanger the general safety, health and welfare of persons in the vicinity of the
airport, or occupants of aircraft in flight.
3. Would result in the raising of the minimum instrument flight altitude of any federal airway,
approved off -airway route, or instrument approach procedure to the airport.
D. No person shall be issued an occupancy permit for any noncompatible use in any CA-RPZ
zeae.
4. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 7, entitled
"Administrative Procedure," Subsections B and C1 are amended by adding the underlined text
and deleting the strike through text as follows:
B. Any person who proposes to construct or alter any structure in or underlying any AO, CA-
RPZ, or TO zone created herein, and who is required to provide notice of proposed
construction or alteration to the administrator of the FAA by requirements of part 77, shall
furnish to the building official or zoning administrator, a copy of said notice.
C. 1. In any AO, CA-RPZ, or TO zone created herein, having received from the applicant a
copy of the applicable notice of proposed construction or alteration as provided to the
FAA, and the corresponding finding or determination from the FAA that the proposed
construction or alteration complies with section 14-6-4 of this chapter.
6. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 8, entitled
"Exceptions," Subsections Alb and B are amended by adding the underlined text and deleting
the strike through text as follows:
A. 1. b. The proposed structure does not lie within any CA-RPZ-zone.
B. ANN notice of proposed construction or alteration is not required for structures more than
beGause the pmpesed 6tFUGtuFe does not lie within twenty thousand feet (20,000') of the
nearest point of the nearest runway. A notice of Alteration is not required for a structure ft
ne foot (1') in elevation for each one hundred feet (100) of
horizontal distance (100:1). This exception does not apply to structures located in any CA_
RPZ-zeae.
6. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 17, entitled
"Penalties," is amended by adding the underlined text and deleting the strike through text as
follows:
meFe thaR thifty (30) days, GF both. Each day a violation occurs or continues to exist shall
constituted a separate violation.
7. Title 14, entitled "Zoning Code," Chapter 6, entitled "Airport Zoning," Section 19, entitled
"Appendices," Subsection C is amended by adding the underlined text and deleting the strike
through text as follows:
C. Appendix III: Code of Federal Regulations Title 14 -Aeronautics and Space Chapter 1 -Federal
Aviation Administration, Department of Transportation, Subchapter E -Airspace Part 77 Gbjects
Affe6t'Ro Navigable Safe, Efficient Use, and Preservation of the Navigable Airspace,
Subpart B -Notice of GenstFuGtien OF AlteFatie iRequirements (Current through December 3,
2002; 67 FR 71903):
§77.47 Form and time of notice.
(a) If you are required to file notice
under §77.439 you must submit to the FAA a completed (a) ch_!' send ^^^ F_ __t.
(fGUF GGpies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration_; tG4he
ManageF, AiF TFaffiG DiViSieR, FAA Regional QffiGe having jUF;sdoGt*GR ever the area within ;A high
FAA Form 7460-1 is available at FAA
regional offices and on the Internet.. y he obtained frc,,,the headquaFteF6 of the r a I
Aviation A.+m•n'stFatie n.d the . aI Gf
(b) The nstif : - ,•ed unde. §77.1 °f^v" )thm h (4) must be 6 ++ +You must submit this
yam' � s. .,�.,��.�. ..y.,
form at least 3945 days before the start date of the proposed construction or alteration or the
date an application for construction permit is filed, whichever is earliest. eaFleeF of the follewhig
dates
before the date that the application is filed with the FCC.
(d) If you propose construction or alteration to an existing
structure that exceeds 2,000 feet in height above the -ground level (AGL), the FAA will be
presumesd it to be a hazard to air navigation that and4e results in an inefficient useuiiliaatien of
airspace. You must include details explaining both why the proposal would not constitute a
hazard to air navigation and why it would not cause an inefficient use of airspace. and the
peFtinent PFE)ViSOGRG ef this Part 77 PFGPGSeRg a StFUGtUFe in exeess ef 2,000 feet abGve greuncl�
OF an alteFatiGR that M.411 rna-ke. A—R StFUGture exeeed that height, rni-St nnRtaln' A detailed
that ;3 rlegr;;nd rornpelliRg shewing has been made that would net Fes- -it in an ineffiGieRt
Of Re hazaFd be '66ued.
(de) The 45 -day advance notice requirement is waived if immediate construction or alternation
is required because In the case of an emergency involving essential public services, public
health, or public safety. You may provide notice to the FAA by any available, expeditious
means. You must file a completed
day requiFement in paFagraph (b) of this seGtien does Ret apply and the notiGe may be sent by
+elenhene felegFaph OF ether n edf;n meaRs, with a + d FAA Form 7460-1
within 5 days of the initial notice to the FAA. thAreafter Outside normal business
hours, the nearest flight service station will accept -emergency notices_• tele,phenaof
telegraph Fnay he submitted to the Rearest CAA Flight Sen:.... StatieR.
(e) EaGh peFsen who is r4equiFed to notify the AdministFatOF by paFagFaph (b) GF (G) Of §77.13, --GF
aFea niyed
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 day of 2019.
Mayor
Attest:
City Clerk
Approved
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
that the
First Consideration 10/15/2019
Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole,
Mims, Salih. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
i
SEH
Airport Zoning Map
Iowa City, Iowa
Date Adopted: January 15th 2019
4.4
0 CLEAR 0
CT
REEK WP I
• PENN
1 TWP
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EAST NEWPORTI b
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--------------
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rir
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Figure 1 of 5
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J
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Airport Zoning Map
Iowa City, Iowa
SEI Date Adopted: January 15th 2019
Runway 7
Figure 2 of 5
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Source: SEH Inc., ESRI Imagery , r„
Airport Zoning Map
Iowa City, Iowa
SEI Date Adopted: January 15th 2019
f
y
a O / r
O
11
IOWA
CITY
200
7110\' c. o
Future Runway 30
End
Elev. = 648.6' i
41 ° 38' 07.26" N
91 ° 32' 24.30" W
Legend
C yr City Boundary P �r
1
Township Boundary
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Property
Approach Overlay f j
Zone (AO)
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LUCAS
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a LUCAS TWP
M
10000,
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Figure 5 of 5
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Item Number: 14.
®I CITY OF IOWA CITY
u►
�� COUNCIL ACTION REPORT
October 15, 2019
Ordinance amending Title 8, entitled "Police Regulations," Chapter 5,
entitled "Miscellaneous Offenses," to amend the ordinance so that it
complies with a recent federal court decision. (First Consideration)
Prepared By: Sara Sidwell, Assistant City Attorney
Reviewed By: Eleanor Dilkes, City Attorney
Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: None
Attachments: Ordinance
Executive Summary:
On September 26, 2019 a federal judge in the Southern District of Iowa determined that Iowa
Code Section 723.4(2) was unconstitutionally vague because it did not contain a required intent
component or provide adequate notice of what conduct is prohibited. Because two subsections of
the City's disorderly conduct ordinance and its disorderly house ordinance were drafted in a
manner that closely followed section 723.4(2), we must amend the City Code to comply with the
recent federal decision.
Background /Analysis:
The affected sections of the code have been amended to track language of a similar statute that
has survived a constitutional challenge
ATTACHMENTS:
Description
Ordinance
Prepared by: Sara Sidwell, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending Title 8, entitled "Police Regulations," Chapter 5,
entitled "Miscellaneous Offenses," to amend the ordinance so that it
complies with a recent federal court decision.
Whereas, Iowa Code Section 723.4(2) was found to be unconstitutional by the United
States District Court for the Southern District of Iowa (Miano et. al. v. Miller et. al., No.3:18-cv-
001110-RGE-HCA) on September 26, 2019;
Whereas, Sections 8-5-1(A)(1) & (2) and 8-5-5 of the City Code are similar to the Iowa
code section found unconstitutional;
Whereas, Sections 8-5-1(A)(1) & (2) and 8-5-5 of the City Code must be amended to
comply with the Miano opinion;
Whereas, it is in the best interest of the City to adopt the amended ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. Amendments
1. Title 8, entitled "Police Regulations," Chapter 5. Entitled "Miscellaneous Offenses," Section 1,
Subsection (A)(1) entitled "Disorderly Conduct' is amended by adding the underlined text and
deleting the strike through text as follows:
Makes unreasonable noise in public so arta with the purpose of causing, cause or recklessly
creating a risk of causing, a breach of the peace.
2. Title 8, entitled 'Police Regulations," Chapter 5. Entitled "Miscellaneous Offenses," Section 1,
Subsection (A)(2) entitled "Disorderly Conduct' is amended by adding the underlined text and
deleting the strike through text as follows:
Makes unreasonable noise in the vicinity of any residence which with an intentional or reckless
disregard for causing causes distress to the occupants thereof. For the purposes of this seGtigll,
3. Title 8, entitled "Police Regulations," Chapter 5. Entitled "Miscellaneous Offenses," Section 5,
Subsections (A) and (C) entitled "Keeping Disorderly House" is amended by adding the
underlined text and deleting the strike through text as follows:
A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking legal
steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct
or condition that threatens injury to persons or damage to property,. No person shall permit
or suffer to continue, without taking legal steps to prevent the same, eFloud, raucous,
disagreeable noises made with an intentional or reckless disregard for causing a to the
disturbance of the neighborhood, or a to the disturbance to of the general public, upon any
premises owned by the person or in the person's possession. For the purposes of this
section, "a to the disturbance to ef-the general public" includes the disturbance of persons
beyond the subject premises and/or to the disturbance of persons upon public places,
including peace officers. Any violation of this subsection shall be a simple misdemeanor.
C. Civil Sanction: Quarreling, fighting, disorderly conduct, or any other conduct or condition that
threatens injury to persons or damage to property, or loud, raucous, disagreeable noises
made with an intentional or reckless disregard for causing a te-the disturbance of the
neighborhood, ora to the disturbance to of the general public, upon any premises owned by
the person or in the person's possession is prohibited. For the purposes of this section, "a to
the disturbance to of the general public" includes the disturbance of persons beyond the
subject premises and/or to the disturbance of persons upon public places, including peace
officers. Any violation of this subsection by a property owner or tenant is a municipal
infraction punishable by a civil penalty of seven hundred fifty dollars ($750.00) for first
offense and one thousand dollars ($1,000.00) for second and subsequent offenses.
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 day of 2019.
Mayor
City Clerk
Appp d by
J Attorney's ffice
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 10/15/2019
Voteforpassage: AYES: Teague, Thomas, Throgmorton, Cole, Mims,
Salih, Taylor. NAYS: None. AYES: None.
Second Consideration _
Vote for passage:
Date published