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Home My WebLink About2023-04-18 OrdinanceAttachments:Staff Report w Attachments.pdf David Schapira Correspondence - 3/21.pdf City Council Correspondence 3/21 - Emily Droll, Linda Holmes Dallman, Jacquolyn Clingan, Leta McCabe, Jane Driscoll, Janet Dane Driscoll City Council correspondence (3/20 late handout) - Jane Driscoll.pdf City Council correspondence (3/21 late handouts) - Diane Thayer .pdf City Council correspondence 4/4 - Janet Martin.pdf City Council correspondence 4/4 - Iowa Natural Heritage Foundation.pdf City Council correspondence - Dennis Mitchell.pdf City Council correspondence 4/4 - Alparslan (Apl) Zora.pdf City Council correspondence (4/3 late handout) - Jason & Carol Gehrs.pdf City Council correspondence (4/3 late handout) - Heecheon Jeon.pdf City Council correspondence (4/3 late handout) - Ron & Sheryl Aiken.pdf City Council correspondence (4/3 late handout) - Janet Soboroff.pdf City Council correspondence (4/3 late handout) - June Hamer.pdf City Council correspondence (4/4 late handout) - Christine Leech.pdf City Council correspondence (4/4 late handout) - Steve & Chris Hedlund.pdf City Council correspondence (4/4 late handout) - Bob Dane.pdf City Council correspondence 4/18 - Alparslan (Alp) Zora.pdf REZ23-0002 Ordinance.doc Item Number: 9.a. April 18, 2023 Ordinance rezoning approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions and between Mormon Trek Blvd. and Dane Rd. SE from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) (REZ23-0002). STAFF REPORT To: Planning and Zoning Commission Item: REZ23-0002 Mormon Trek Prepared by: Parker Walsh, Associate Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant/Owners: CGGRB Realty Holdings INC Donna Allegra Dane Harold John III Dane Helen Elizabeth Dane 1111 E River Drive Davenport, IA 52803 D & P Property LLC 526 Woodridge Avenue Iowa City, IA 52245 James R. Davis 4097 Kitty Lee Road SW Iowa City, Iowa 52240 Shottenkirk I C R LLC 309 S Gear West Burlington, IA 52655 Contact Person: Jon Marner MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Requested Action: Rezoning Purpose: Rezoning of approximately 13.00 acres of land from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) Location: 2650 Mormon Trek Blvd, JJR Davis Second Addition Lots 2-4, and JJR Davis Fourth Additions Lots 1-4 Location Map: 2 Size: 13.00 acres Existing Land Use and Zoning: Commercial Office Zone (CO-1) Surrounding Land Use and Zoning: North: Neighborhood Public Zone (P-1) South: Intensive Commercial Zone (CI-1) East: Neighborhood Public Zone (P-1) West: Intensive Commercial Zone (CI-1) Comprehensive Plan: Public/Semi-Public and Office Commercial District Plan: South Central District Plan: Intensive or Highway Commercial and Office Park/Commercial Neighborhood Open Space District: S1 and SW2 Public Meeting Notification: Properties within 500’ of the subject property received notification of the Planning and Zoning Commission public meeting. A rezoning sign was posted on the property on the corner of Grace Dr. and Mormon Trek Blvd. File Date: February 16, 2023 45 Day Limitation Period: April 2, 2023 BACKGROUND INFORMATION: The applicants have requested a rezoning of approximately 13 acres from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) located east of Mormon Trek Blvd along Grace Drive, Iowa City, Iowa. The property currently contains PIP Printing and Marketing Services and Edward Jones Financial Advisor located at 2650 Mormon Trek Blvd. The remaining subject property along Grace Dr, and Eagle View Dr. is undeveloped with no development anticipated at this time. The subject property was platted in 2005 for 4 commercial lots and an outlot. In 2007 the property was replatted to include 4 additional lots originally platted as Outlot A, for a total of 8 lots. Also in 2007 the subject property was rezoned from Intensive Commercial (CI-1) to Commercial Office (CO-1). The purpose of the rezoning was to find a zone that would provide more land use options, namely office and eating/drinking establishments, as the 2006 Iowa City Zoning Code update removed allowable uses from the CI-1 zone. The applicant initially worked to rezone the subject property to Community Commercial (CC-2) before staff determined that such a rezoning would make PIP a nonconforming use. Staff instead recommended the CO-1 rezoning that could provide office uses, while also ensuring that PIP would remain a conforming use under the Personal Service use category. PIP had also requested a special exception in 2006 to allow up to 12,400 square feet within the proposed building for printing purposes. A rezoning back to the initial CI-1 zone at which PIP began development would not interfere with the 2006 special exception. 3 The applicant has indicated that they have chosen not to use the “Good Neighbor Policy” and have not had discussions with neighborhood representatives. ANALYSIS: Current Zoning: The property is currently zoned Commercial Office Zone (CO-1). The purpose of CO-1 is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the comprehensive plan. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. To the north of the subject property is the Iowa City Municipal Airport. The Airport has established airport zones, which may have regulations with further restrictions than what is outlined in the base zone. The subject property is located within the Transitional Overlay (TO) Zone per the Airport Zoning Map. According to the City Airport Manager additional height restrictions may apply to the subject property. Specifically, the maximum building height for lots north of Grace Drive can be expected to align with what was allowed for PIP Printing, which was 18’7” above grade at its tallest point. This may not be an exact height restriction for future development on lots north of Grace Dr. as official FAA and Airport review would be necessary for development within airport air space. Proposed Zoning: The request is to rezone the subject property from the existing CO-1 to Intensive Commercial (CI- 1) zone. The purpose of CI-1 is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The CI-1 zone would provide an increase in maximum building height from 25’ to 35’, as well as more land use opportunities than what is currently allowed in a CO-1 zone. Additionally, the two existing businesses at 2650 Mormon Trek Blvd., PIP (Personal Service Use) and Edward Jones Financial Advisor (General Office Use), would remain permitted uses in a CI-1 zone. Table 1 below shows the allowable uses in both CO-1 and CI-1. Table 1: Uses Allowed in Commercial Zones Uses Categories Commercial Office Intensive Commercial Residential – Assisted Group Living PR S Residential – Group Household PR Residential – Multi-Family PR Adult Business PR Animal Related Commercial – General S PR Animal Related Commercial – Intensive PR Building Trade Uses P Commercial Recreation – Indoor PR/S P Commercial Recreation – Outdoor P Drinking Establishments PR Eating Establishments P Office - General P P Office – Medical/Dental P P Quick Vehicle Servicing PR/S 4 Rezoning Review Criteria: Staff uses the following two criteria in the review of rezoning: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. Consistency with Comprehensive Plan: The IC2030 Comprehensive Plan identifies the subject property as suitable for Office Commercial and Public/Semi-Public use. The Comprehensive Plan also states that “in addition to the District Plans, the neighborhood design principals should be considered when interpreting the land use map”. The Comprehensive Plan goes on to state, “use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of the present and future population”. Staff found that the District Plan and neighborhood design principles support the proposed rezoning. The South Central District Plan FLUM has the subject property designated as Intensive or Highway Commercial or Office Park/Commercial. The subject property is known in the Plan as Subarea B, which is a commercial corridor intended for a mix of retail, office, and other business. The Plan also notes that “Intensive Commercial or Office Commercial uses on the east side of Mormon Trek Blvd. would be most compatible with the Iowa City Airport”. At the time when the South Central District Plan was originally adopted (2000), Intensive Commercial was primarily intended for outdoor storage uses such as car dealerships, contractor yards, and manufactured housing sales. However, in the years since the Plan’s adoption, the Intensive Retail – Alcohol Sales P Retail – Hospitality PR P Outdoor Storage and Display P Retail – Personal Service P P Retail – Repair P Retail – Sales P Surface Passenger Service P Vehicle Repair PR Industrial Service P General Manufacturing PR Heavy Manufacturing S Technical/Light Manufacturing PR Self Service Storage P Warehouse & Freight Movement P Wholesale Sales P Basic Utility PR/S PR/S Community Service – Long Term Housing PR/S PR/S Community Service – Shelter S S General Community Service P S Daycare PR PR General Education PR Specialized Education P S Hospitals PR Parks and Open Space PR Religious/Private Group Assembly PR P Utility Scale Ground Mounted Solar S S Communication Transmission Facility PR/S PR/S P = Permitted, PR = Provisional, S = Special Exception 5 Commercial zoning designation has expanded its allowable use categories, which better fits the intent of the Plan for a mixture of commercial uses in this major commercial corridor. Additionally, the neighborhood design principles note the importance of compatible infill. Quality infill development plays an important role in neighborhood reinvestment. The 2007 rezoning from CI-1 to CO-1 was intended to provide more opportunity for development, namely an office park, after the 2006 Iowa City Zoning Code update removed office use as allowable from CI-1 zones. Since this time, the subject property has remained undeveloped, aside from PIP which was undergoing development prior to the 2007 rezoning. The Iowa City Zoning Code has since been updated to include office use, among others uses, to be allowed within a CI-1 zoning designation. Additionally, when considering infill development, one of the Comprehensive Plan goals is to “ensure development is compatible and complementary to the surrounding neighborhood”. The surrounding neighborhood includes CI-1 zoning to the west, which includes the auto dealership Billion Auto, and undeveloped CI-1 zoning to the south, unincorporated residential to the east, and the airport to the north. To the northeast is largely residential with commercial uses along Highway 1. Although there is no development proposed as part of the rezoning, a rezoning to CI-1 may provide more opportunities to serve the community in the southwest part of town, as well as travelers along a major city entryway. Compatibility with Existing Neighborhood Character: The South Central District Plan states that “Intensive commercial or office commercial uses on the east side of Mormon Trek Boulevard would be most compatible with the Iowa City Airport, and the planned industrial area to the east. Residential uses should be minimized at this intersection of two major highways and in the vicinity of a primary airport runway”. Additionally, as previously mentioned, property to the west, south, and northeast of Highway 1 are currently zoned CI-1. No development is proposed at this time; however, if rezoned to CI-1, future development would be held to the same Zoning Code standards of much of the surrounding neighborhood. Access and Street Design: Access to the subject properties is provided off Mormon Trek Blvd. through Grace Dr. and Eagle View Dr. According to section 14-5C-6A, direct lot access to an arterial street will only be granted upon presentation by the applicant of convincing evidence that an alternative means of access is not feasible from an intersecting local or collector street or through means of a cross access easement. Existing lots will be required to access through Grace Dr., Eagle View Dr., or Dane Rd. SE. No lot access off Mormon Trek Blvd. will be permitted. Additionally, there is an existing parcel of land located along Dane Rd. that was vacated in 2006.The vacation was due to the City acquiring land at the end of the runway and wanted to remove the Dane Rd connection that extended to Highway 1. As a condition of the rezoning staff recommends that the vacated parcel be dedicated back to the City as right-of-way to ensure a consistent and safe traffic flow that does not end in a dead-end with no available turnaround along Grace Dr. and Dane Rd. Furthermore, staff believes the subject parcel was allowed to be vacated in error and the proposed rezoning creates an opportunity to correct this error. SUMMARY: In summary, Staff supports the rezoning from Commercial Office (CO-1) to Intensive Commercial (CI-1). Rezoning to the less restrictive CI-1 may provide quality infill development and reinvestment opportunities as desired by the Comprehensive Plan. Staff believes that due to zoning code changes since the time of the 2007 rezoning, CI-1 would provide the land use flexibility initially desired, such as office use, eating establishments, etc. Additionally, the rezoning is supported by the South Central District Plan, which identifies a CI-1 zone as a 6 suitable option to provide a commercial corridor intended for a mix of retail, office, and other business. NEXT STEPS: Upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. STAFF RECOMMENDATION: Staff recommends approval of REZ23-0002, a proposal to rezone approximately 13 acres located east of Mormon Trek Blvd. and along Grace Dr. from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1) subject to the following condition: 1. Prior to issuance of a building permit, Owner shall: a. Dedicate to the City, without compensation, right-of-way along Dane Rd. SE ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Applicant Statement Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services Highway 1 WDane Rd SEMor mon Trek Blvd Highway1WEa g le V i e w Dr G r ac e D r An application submitted by MMS Consultants for approval of a rezoning of approximately 13 acres from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI-1). µREZ23-0002 Mormon Trek Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.04 0.090.02 Miles CO-1 TO CI-1 (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 02-15-2023 added dane road 1\2 row IOWA CITY JOHNSON COUNTY IOWA 01-25-2023 KJB RLW RRN IOWA CITY 8686-007 1 742 PROJAC REZONING EXHIBIT 03-14-2023 REVISED PER CITY ATTORNEY -JDM 1 1"=100' REZONING EXHIBIT A PORTION OF THE NE 1\4 OF THE SE 1\4 AND A PORTION OF THE SE 1\4 OF THE NE 1\4 ALL OF SECTION 20-T79N-R6W IOWA CITY, JOHNSON COUNTY, IOWA GRAPHIC SCALE IN FEET 1"=100' 0 10 25 50 75 100 1 2 3 4 GRA C E D RI V E MORMON TREK BLVD EAGLE VIEW DRIVE DANE ROADNE 1 / 4 - S E 1 / 4 20 - 7 9 - 6 20- 7 9 - 6 SE 1 / 4 - N E 1 / 4 4 3 2 1 ADDITION JJR DAVIS SECOND JJR DAVIS THIRD ADDITION JJR DAVIS SECOND ADDITION 1 JJR DAVIS FOURTH ADDITION JJR DAVIS FOURTH ADDITION REZONING PARCEL PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 APPLICANT :APPLICANT'S ATTORNEY: DAVID BILLION BILLION AUTO 3401 WEST 41 STREET SIOUX FALLS, SD 57106 STEVEN C. ANDERSON 568 HWY #1 WEST IOWA CITY, IA 52246 OWNER : CFGRB REALTY HOLDINGS, INC DONNA ALLEGRA DANE HAROLD JOHN III DANE HELEN ELIZABETH DANE 1111 E RIVER DRIVE DAVENPORT, IA 52803 OWNER : D & P PROPERTY LLC 526 WOODRIDGE AVENUE IOWA CITY IA 52245 OWNER : SHOTTENKIRK I C R LLC 309 S GEAR WEST BURLINGTON, IA 52655 OWNER : JAMES R. DAVIS 4097 KITTY LEE ROAD SW IOWA CITY, IA 52240 OWNER : HJ DANE 1111 E RIVER DRIVE DAVENPORT, IA 52803 LOCATION MAP - NTS 1 D & D BILLION ADDITION 566,347 SF 13.00 AC MEADOWLARK HILL SECOND SUBDIVISION MEADOWLARK HILL SUBDIVISION POINT OF BEGINNING REZONING PARCEL DESCRIPTION - REZONING CO-1 TO CI-1 Lots 1 through 4, JJR Davis Second Addition, Iowa City, Iowa, and Lots 1 through 4, JJR Davis Fourth Addition, Iowa City, Iowa, and a portion of Dane Road shown on the JJR Davis Second Addition Final Plat adjacent to Outlot "A", all more particularly described as follows: Beginning at the Northeast Corner of Lot 1 of JJR Davis Fourth Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 52 at Page 236 of the Records of the Johnson County Recorder's Office; Thence S20°27'28"E, along the North Line of said JJR Davis Fourth Addition, 247.05 feet; Thence N62°25'02"E, along said North Line, and the Northeasterly Projection thereof, 298.84 feet, to a Point on the East Line of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°17'32"W, along said East Line, 372.67 feet, to the Southeast Corner thereof; Thence N89°46'47"W, along the South Line of said Southeast Quarter of the Northeast Quarter, 33.00 feet, to a Point on the East Line of said JJR Davis Fourth Addition; Thence S00°08'54"W, along said East Line, 379.56 feet, to the Southeast Corner thereof; Thence S47°50'33"W, along the South Line of said JJR Fourth Addition, 29.68 feet; Thence N89°47'31"W, along said South Line, 181.27 feet; Thence Southwesterly, 356.23 feet, along said South Line, and the South Line of JJR Davis Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 101 of the Records of the Johnson County Recorder's Office, on a 533.00 foot radius curve, concave Southeasterly, whose 349.63 foot chord bears S71°03'42"W; Thence S50°03'20"W, along the South Line of said JJR Davis Second Addition, 33.13 feet; Thence N81°50'57"W, along said South Line, 52.69 feet, to the Southwest Corner thereof; Thence Northwesterly, 593.39 feet, along the West Line of said JJR Davis Second Addition, on a 1750.00 foot radius curve, concave Northeasterly, whose 590.55 foot chord bears N26°03'50"W; Thence Northwesterly, 135.10 feet, along said West Line, on a 549.00 foot radius curve, concave Southwesterly, whose 134.76 foot chord bears N23°34'44"W, to the Northwest Corner thereof; Thence N61°00'41"E, along the North Line of said JJR Davis Second Addition, and the North Line of said JJR Davis Fourth Addition, 696.87 feet, to the Point of Beginning. Excepting therefrom Grace Drive Public Right-of-Way. Said Resultant Rezoning Parcel contains 13.00 Acres, and is subject to easements and restrictions of record. February 16, 2023 City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: JJR Davis Second and Fourth Additions to Iowa City, Iowa. On behalf of Billion Auto we are submitting a request for a Rezoning for Lots 1-4 JJR Davis Second Addition and Lots 1-4 JJR Davis Fourth Addition. The described land consists of 13.00 acres in total. We are proposing a change of the land use from Commercial Office to Intensive Commercial. We feel this amendment is appropriate given the immediate access from the property to Mormon Trek Boulevard which provides a direct route to Highway #1 and Interstate I-380. In addition, the adjacent properties to the south and west are currently zoned CI-1 and the Iowa City Airport adjoins the northerly portion of the site. If you have questions or require any additional information, please contact us accordingly. Respectfully submitted, Kelly J. Beckler. MMS Consultants, Inc. 8686-007L1.DOCX February 27, 2023 Danielle Sitzman, Development Services Coordinator City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Via email: d a n ie lle -sit zma n @io w a -c it y.o rg RE: Future Dane Family Park and nearby rezoning proposal Dear Ms. Sitzman: It has come to our attention that there is a re-zoning request for land along Mormon Trek Rd and Eagle View Dr. As the city plans the future growth of this area please know that the land currently held by the George Dane Trust (outlined in red below) is bequeathed to the Iowa Natural Heritage Foundation (with a life estate for his children and grandchildren). INHF and the City Parks and Recreation staff have discussed the future park and open space concept periodically over the years. This property sits on a high point and has wonderful scenic views of the surrounding land, especially towards the airport and river valley. George Dane’s vision for the park is simple outdoor play and low intensity activities such as picnicking, stargazing or kite flying. While it will be a few years before his 2001 dream is realized, the growth of the city keeps encroaching. Planning for quality experiences at a future public park now is even more important while development encloses, surrounds, and impacts the area. Insurance Exchange Building Suite 444 505 Fifth Ave. Des Moines, Iowa 50309 Phone: 515-288-1846 Fax: 515-288-0137 e-mail: lhein@inhf.org ***.inhf.org Future Park With this future plan in mind we wish to request your serious contemplation of zoning changes that would negatively impact the future park - especially from a traffic and lighting standpoint. The proposed expansion of the auto dealership is especially concerning because of the excessive light trespass that will ultimately occur. We fully understand that the area is proposed for commercial development but would ask that the city planning staff and commission take into consideration the long-term impacts to an open space and park area that will ultimately benefit residents, business workers while providing a refuge for wildlife, birds and pollinators. Thank you very much for your consideration. Sincerely, Lisa Hein Senior Director for Conservation Programs cc: Jane Driscoll jdriscol@aol.com Tyler Baird tyler-baird@iowa-city.org From:Anne Russett To:Parker Walsh Subject:Fwd: Zoning of Dane Farm near Mormon Trek Road Date:Tuesday, March 7, 2023 2:26:30 PM For the case file. Thanks. Get Outlook for iOS From: Geoff Fruin <GFruin@iowa-city.org> Sent: Tuesday, March 7, 2023 1:52:20 PM To: Tracy Hightshoe <THightshoe@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org>; Anne Russett <ARussett@iowa-city.org> Subject: FW: Zoning of Dane Farm near Mormon Trek Road FYI, no response needed. From: DAVID SCHAPIRA <vietvetssg@comcast.net> Sent: Tuesday, March 7, 2023 9:32 AM To: *City Council <CityCouncil@iowa-city.org> Subject: Zoning of Dane Farm near Mormon Trek Road ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Ladies and gentlemen, my name is David Schapira. I was informed, yesterday, that land involving the Dane property, near Mormon Trek Rd. is being considered for business concerns, as opposed to turning the land into a park. I was very unhappy hearing of this, as I have known members of the Dane family most of my life. As a teenager, I enjoyed going to the Dane Farm to pick fruit, and ALWAYS had a great time. The Danes, as I understand it, want to use the land as a park, once they have moved on. What a WONDERFUL idea! I was told that business concerns want to turn the land into into business concerns. OMG! that is a VERY distraught idea, as far as I`m concerned. I say this because I was recently visiting a very good friend in Mesa, Arizona, who had moved to Mesa a few years ago. His housing development was peaceful and quiet, and he and his senior neighbors all found tranquility AND happiness in their surroundings, developed for senior living. Recently, however, that community of happiness is being threatened AND isolated as businesses have decided to invest in acres and ACRES of space in which they can build huge, ugly storage warehouses. He is, understandably, upset as he sees them as just being huge eyesores, making the aesthetics of his part of Mesa disappear. He has, recently, found out that Big Business is also intending on putting in expansive operations in his, once peaceful, area. This will cause even more isolation for his community of retirement houses. My feeling is that what business people are proposing for the Dane land will become Iowa City`s eyesore of ugly warehouses and big business ventures and will be placed on some of the most peaceful and beautiful land in all of Iowa City, the Dane Farm area. I grew up in Iowa City, and am a City High graduate. I served as a Search and Destroy Staff Sergeant of a combat platoon in the jungles of Vietnam. I taught for 32 years in a tough Inner City school in Phoenix, but moved BACK to Iowa City for the tranquility and beauty of the town I knew. I know ugliness in life, and as a citizen, again, of my beautiful hometown, I would REALLY not appreciate business people turning a most beautiful area, like the Dane Farm has been to me for many, MANY years, into a stale, desolate, and just plain ugly business venture. I implore you, our city`s wonderful council people. to reject ANY effort to make this the Mesa-type area that my good friend, living in the Phoenix area, has had to come to witness. Let Iowa City stay beautiful, and have Big Business go elsewhere to de- beautify an area with ugly warehouses and Big Business ventures. Thank you for reading this, and I pray you make the right decision for us who have known Iowa City as a wonderful place to live and raise families. Sincerely, David Schapira City High graduate of 1964 I r I �'"�►�mpousgir City Council Supplemental Meeting Packet CITY OF IOWA CITY April 17, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Manning & Zoning Matters Item 9.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Ma Wa ner) Davis. Item . aca ion and Conveyance of Right-of-Way - See revised comment: Comment: At its March 1, 2023 meeting, the Planning and Zoning Commission recommended approval of VAC23-0001 by a vote of 6-0 (Signs absent) subject to an access easement for fire and emergency protection, private utility easements, and City water line easement in forms approved by the City Attorney's Office. The University of Iowa owns the land surrounding the subject property and has plans to redevelop the area. (Second Consideration) Staff is requesting expedited action. April 17, 2023 City of Iowa City Kellie Fruehling Late Handouts Distributed From: kellerka7@yahoo.com Sent: Sunday, April 16, 2023 8:54 PM _. ' j _. 2—9) To: *City Council t� Subject: Rezoning land abutting land from George Dane's Trust designated as a future park RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Ladies and Gentleman, My name is Katherine Chapman Keller and I although I no longer live in Iowa City, I was born and raised there. I am a 1968 City High graduate and a 1972 University of Iowa graduate. My father,Judge Ansel Chapman, lived 85 of his 90 years in Iowa City,moving there with his parents in 1920, at the age of 5,when his father went into the theater business,until his death in 2005. My mother, Corinne Chapman,lived in Iowa City for 66 years, from the time she entered The U as a freshman in 1943 until her death in 2009. My parents spent a great deal of time and energy in multiple volunteer activities making Iowa City a wonderful place to live and raise a family. I tell you these things so that you will understand that I feel very connected to Iowa City, continue to have many friends there, and still think of it as home. I read The Press Citizen and The Daily Iowan on-line every morning, and was distressed to read that The Iowa City Planning and Zoning Commission is considering rezoning land that adjoins a parcel of land set aside in The George Dane Trust that will be deeded to the Iowa Natural Heritage Foundation as a future park, to allow a car dealership. As a teenager I spent a great deal of time at the Dane family home, as a result of my close friendship with one of their children. I know from experience that the land in question, (the designated park, not the car dealership,) is a beautiful parcel and will make a wonderful addition to Iowa City's community parks if it is not ruined by commercia i7ation next to it. I am concerned that the land in question for rezoning is so close to the proposed parkland that it will, as was said in The Daily Iowan, ".. disturb the scenic nature of the land." There will be an increase in light pollution and noise pollution, and what should be a pastoral ambiance will be greatly disturbed. George and Marge Dane were such assets to Iowa City, such integral members of the community for many decades. Their hope was to leave the city a lasting legacy that would enrich future generations. Parks provide places for community and family gatherings, social and sports activities, and a place for neighbors to gather, children to play, and people to find rest,peace and renewal surrounded by nature. A park that is bordered by a busy street catering to the noise and chaos of a car dealership would negate the very purpose of the intended park. I assure you that I am not against commercial growth for Iowa City. I only question the necessity of this particular commercial growth in this particular location. To paraphrase Evan Wise in an article dated November 11, 2021, titled "Why Are Parks Important?" I ask you to consider that parks serve as an essential purpose in our communities, our health, and ecosystems. Please do not jeopardize the potential of the good that George Dane's bequest can do for my beloved hometown by rezoning adjoining land for commercial use. Thank you for your consideration, Katherine Chapman Keller 2300 W. 123rd Terrace Leawood, Kansas 66209 1 kellerka7@yahoo.com Kellie Fruehling 1 me Handouts Distributed From: Anne Russett Sent: Monday, April 17, 2023 10:23 AM L..�.— l -7 - 3-3 To: Kellie Fruehling Cc: Parker Walsh; Danielle Sitzman (Date) Subject: FW: please include this with the Council Meeting packet Attachments: We sent you safe versions of your files; Zoning Meeting March 1, 2023.docx Kellie—Can you please share with the City Council? Thanks, Anne From: Dan Tiedt Sr. <dan@pipic.com> Sent: Monday, April 17, 2023 10:20 AM To:Anne Russett<ARussett@iowa-city.org> Subject: please include this with the Council Meeting packet I RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Thanks and I will be at both meetings tomorrow.....Dan Sr. Dan Tiedt Sr. Owner PIP Marketing/Signs/Print 2650 Mormon Trek Blvd. Iowa City, IA 52240 Cell: 319-621-6586 Office Phone: 319-337-6431 Office Fax: 319-351-4828 1 April 18, 2023 City of Iowa City Council Meeting Subject: Request for rezoning History In January, 2007, PIP Printing moved into their new building located at 2650 Mormon Trek Blvd. The property is owned by D & P Property LLC. Daniel L Tiedt and Pamela J Tiedt, equal members. The building is a Class A office building. The zoning currently is COI for the PIP Printing building and the lots along Grace drive to the east and south of the PIP building. The idea at the time was all of those lots would be developed with businesses that would fit in the CO1 zoning. That did not happen. Actually there has been no new buildings built on those lots since PIP built in January, 2007. PIP Printing is considered as an Office use. H. Office Uses H.2.a. General Office: "mailing and copying services, quick printing services" That classification is permitted in both COI and CII. This is a part of Iowa City that has been underdeveloped for a long time. Changing the Zoning to CI1 would encourage development. It would also add a lot of businesses to that side of Iowa City. Why leave that area underdeveloped? As one of the first purchasers of a lot in that area, D & P Property LLC, would approve a zoning change from CO1 to C11. That change would encourage that part of Iowa City to be developed. If the Zoning is not changed this area may sit vacant for years, since it has since 2007, and that is not good for the City or the Community. Thank You, Dan and Pam Tiedt D & P Property LLC. 1. Kellie Fruehling Late Handouts Distributed From: David Larsen <larsen@kctc.net> ] l' Sent: Monday, April 17, 2023 11:50 AM "T — 1 7 To: *City Council (Date) Subject: documents for council packet Attachments: We sent you safe versions of your files; Document_one .pdf; document two.pdf; Document_three.pdf; Document Four.pdf; Document_Five.pdf; Document_six.pdf; Document seven.pdf; Document_Eight.pdf RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Please put these documents in the JJR Davis Rezoning packet. Thanks so much David Larsen 319-936-0558 PAPORTANT The contents of this email and any attachments are confidential They are intended for the named recipient(s)only. 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AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE INTENSIVE COMMERCIAL(CI-1)ZONE, WHEREAS, an ad hoc committee of private citizens was appointed by the City Manager to review the zoning regulations in several of the City's commercial zoning districts due to concerns expressed by some;n the business community;and WHEREAS, said committee forwarded a summary of their conclusions and recommendation to the Planning and Zoning Commission; WHEREAS, the Committee concluded that some of the distinctions between the land uses allowed in the intensive Commercial (CI-1) Zone versus the broader commercial uses allowed in the Community Commercial(CC-2)Zone may be unduly constraining the market; WHEREAS, a majority of the committee concluded that opening up the possibility of additional uses in the CI-1 Zone, such as restaurants, medical offices, and a wider variety of retail uses would not have a significant negative effect on CI-1 zoned properties and that it would be better to allow buyers to more freely choose a location for their business based on their own needs and assessment of the merits of any specific property; and WHEREAS, the committee acknowledged that allowing this broader range of uses in the CI-1 Zone would shift more of the responsibility to the property buyer to consider the possibility that quasi-industrial or intensive commercial uses; which ore more likely to have outdoor work areas, outdoor storage. or ether aspects that may result in noise, dust, odors,may also locate in the same zone;and WHEREAS, despite the greater possibility for incompatibilities between uses in the CI-1 Zone, the committee concluded that the benefits of providing for a more unconstrained market for commercial property outweighed these risks, and therefore recommended that the uses allowed in the CI-1 Zone be expanded to allow the following CC-2 uses, and any associated accessory uses, such as drive-through facilities, with the same standards and provisions called out in the CC-2 Zone: restaurants and bars; medical and dental offices; personal services; hotels and motels; religious and private group assembly; and sales-oriented retail uses;and WHEREAS, the Planning and Zoning Commission has reviewed the committee's recommended changes to the Zoning Code and recommended that these changes be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I.The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Amend 14-2C-2 Land Uses Allowed, Table 2C-1, Principal Uses Allowed in Commercial Zones, to indicate the following: Designate Eating Establishments as"Permitted Uses" in the CI-1 Zone; o Designate Drinking Establishments as"Provisional Uses"in the CI-1 Zone; • Designate Medical/Dental Offices as"Permitted Uses"in the CI-1 Zone; o Designate Personal Service-Orented Retail Uses as"Permitted Uses"in the CI-1 Zone: o Designate Hospitality-Oriented Retail Uses as'Permitted Uses"in the CI-1 Zone; o Designate Sales-Oriented Retail Uses as"Permitted Uses" in the CI-1 Zone; o Designate Religious&Private Group Assembly Uses as"Permitted Uses' in the CI-1 Zone. B. Delete paragraph 14-4B-48-111, Specific Approval Criteria fcr Provisional Uses and Special Exceptions for Drinking Establishments and substitute in lieu thereof: Kellie Fruehling From: Susan Shullaw <smshullaw@gmail.com> Sent: Monday, April 17, 2023 1:01 PM Late Handouts Distributed To: *City Council Subject: Re:4-18-23 City Council Meeting Agenda Item 9(a) 7 (Date) RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** To Members of City Council: As a long-time resident of Iowa City and a 12-year member of the Iowa Natural Heritage Foundation (INHF) Board of Directors, I would like to add my voice to those urging Council to deny the request to rezone the JJR Davis property from Commercial Office Zone to Intensive Commercial Zone. Further, I respectfully request that Council direct staff to work with INHF to ensure that the Dane family's dream can be fulfilled —that of seeing the site turned into a park for the public to enjoy, in perpetuity. I speak not only as someone eager to see Iowa City create and preserve more open spaces and natural areas within its boundaries — particularly in the southwest part of the city — but also as someone familiar with INHF's long track record of working positively and creatively with cities and towns all across the state. These beneficial relationships have resulted in parks, nature areas, hiking and biking trails, and other amenities that have a major impact on residents' quality of life, and can help attract new residents and visitors as well. I hope you will choose to honor George Dane's legacy and his family's wishes by partnering with INHF to preserve this beloved hilltop as a natural refuge for people and wildlife alike. Thank you for your consideration. Susan Shullaw 718 N. Johnson St. Iowa City 52242 Kellie Fruehling Late Handouts Distributed From: Jane Driscoll <jdriscol@aol.com> - Sent: Monday, April 17, 2023 1:16 PM Z'J To: *City Council (Date) Cc: Geoff Fruin; Eric Goers; Sara Greenwood Hektoen Subject: FOR COUNCIL PACKET 4/18/23: Letter regarding Rezoning application Attachments: We sent you safe versions of your files; Letter to Council - Nancy Mendoza & Mary Davis.pdf 1 RISK **This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Hello City Council Members, The letter attached is submitted on behalf of Mary (Wagner) Davis and Nancy(Wagner) Mendoza. Please include in the City Council Packet for April 18, 2023 meeting. Best Regards, Jane Driscoll 1 ATTN: To include in City Council Packet for April 18, 2023 meeting. To: Iowa City Council Members Date: April 17, 2023 RE: (REZ23-0002) Rezoning Proposal between Mormon Trek Blvd. and Dane Rd. SE There is currently on your agenda to rezone property next to George Dane's residence on Dane Road. I would like to voice my concerns about rezoning the area next to this property. My name is Nancy (Wagner) Mendoza and my sister Mary (Wagner) Davis and I have been long time residents of Johnson County and Iowa City-since 1960. I grew up on a farm not far from this property and know the Dane family very well. I grew up playing at the residence many times and it is a great place to be outside and see Iowa City from the top of this hill, at the Dane family home. My understanding is that Mr. George Dane had wanted to preserve the beauty of this location so that when their family was no longer living on the property, he wanted to make this beautiful piece of land available to the City of Iowa City in order to have a beautiful park constructed here so that all residents of Johnson County would have this place to go as a park and to maintain the beauty of this area. His generously should not be taken for granted and his vision was to have this peaceful park up there where you can go to enjoy nature and be outside to enjoy mother nature at its best. In order for this vision/dream he had to come true the area surrounding this future park needs to not be rezoned to commercial [intensive.] Who wants to go to a beautiful park and have traffic and noise and litter and cars honking and people not always at their best behavior, drowning out what could be established as a landmark in Iowa City that will be this beautiful park on the hill where it is not bordered by businesses/traffic/noise that would be so distracting for a future park. I have known Mr. Dane from the first year I came to this beautiful city. He always was this kind and generous person who I had the opportunity to get to know and grew up with his kids. If Mr. Dane had envisioned that the City Council would rezone the adjacent land as commercial and not leave it to be an extension of this beautiful park that Iowa City folks deserve to have, I think he would have put conditions in his will to ensure that his dream of this property could be developed as beautiful as he envisioned. He never put profit ahead of this dream and I am so hopeful that this Council can look to the future of what the land around this park should be and promote this park into future growth potential. Not for those businesses that want to build more businesses and make more profit. Please consider the vision that George Dane had for this place and the adjacent land and not rezone it to enhance the beauty of this park and not destroy its vision. I can see a sledding hill for kids to go sledding in the winter down that big hill. I can see parents saying finally a place that is safe for my kids to go and play in the summer and winter and not have to worry about traffic and businesses surrounding this area that causes parents to feel it's not safe to let their kids sled and play and run around without worry. The gift of this land is extremely generous. Please, please do not rezone any of the connecting land for commercial use. Maybe the City should think about making it even larger than the current George Dane land! Make it the place that so many families will come to enjoy places that are safe.A place to be proud that we had a progressive City Council that could envision this land as a start of something bigger. From this very long-time resident,who wanted his land for such a worthy cause, the City could continue this vision to make this project a great one and not box it in and destroy the idea of having a wonderful park for all of Iowa City and Johnson County residents to enjoy. Thank you for considering my concerns in opposition to boxing this area in by rezoning the land around this future park. Nancy (Wagner) Mendoza 2 Remote Street Iowa City, IA Mary (Wagner) Davis 690 East Hickory St. Riverside IA I � f. Timothy Huey, AICP APR 1 2023 Planning Consultant City Clerk Iowa City, Iowa * Planning and Zoning are two sides of the same coin; you shouldn't have one without the other. Planning and the Comp Plan are, or at least should be, taken into consideration when zoning is established or amended. The IC2030 Iowa City Comprehensive Plan has a Future Land Use Map that shows how land will likely be developed both within the current city limits and on land adjacent or near to city limits; especially areas likely to be annexed. Zoning can accomplish many things, but the essence of zoning is the separation of incompatible land uses. Which I would point out is just what you are faced with in this case. But zoning is also a balancing of competing interests; when does the public interest outweigh private property interests? What if, what is good for the community is not the best for the property owner? That is the decision you are faced with here. Here we have a 17.5 ac future park, currently outside city limits, adjacent to a developing commercial area and in the vicinity of a whole spectrum of land uses; agricultural land, parks, a timber preserve, residential, public facilities (the airport and fair grounds), intensive commercial and even some industrial. This is obviously an area where the separation and buffering of incompatible land uses should be carefully considered. It is why zoning ordinances require greater setbacks, additional landscape screening and other mitigation measures when more intensive uses are adjacent to less intensive uses, as we have here. Parks are considered a passive, low intensity land use. The current zoning and development pattern in the vicinity of this rezoning certainly already impact this future park. Bright lighting, congested on-street parking and traffic are obvious negative impacts on a park use. The current zoning of the subject property would allow an office use and such an office building would be a buffer between the park property and the car dealerships across Mormon Trek Boulevard. Careful reading of both the IC2030 Comp Plan and the South Central District Plan show many provisions applicable to the current request and all the future development in this area. The specific language in the District Plan states: "buffer areas are proposed to mitigate potential conflicts between different intensities and to preserve sensitive features". Many of the various sections of both these plans cite the need to preserve and protect sensitive and unique areas. Provisions such as these are included in your Comp Plan to address situations just like with this current request. The Dane Family Trust property is just such a unique piece of property physically and topographically that the plans recommend be protected but this property is also unique due to its ownership and the willingness of the property owner to gift the property to the public. The Trust also provides a source of income to help with the cost of the long term maintenance of the property. I would contend that it is just such a case as this; a unique piece of property with a park plan in place, that make this request for denial worthy of consideration. The adjacent property that is the subject of this application is going to develop but should develop under the current zoning as your plan calls for. The current zoning will offer the best buffering and transition in land use the Dane Family Trust property can currently be afforded. * Remarks delivered at Iowa City Council meeting on April 4, 2023 Public Hearing on Mormon Trek Blvd rezoning by Timothy Huey, AICP. (Cut off before completion due to time limit.) APR 1 2023 City Clerk Iowa City, Iowa Prepared by: Parker Walsh,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;(REZ23-0002) Ordinance No. Ordinance rezoning approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions and between Mormon Trek Blvd. and Dane Rd. SE from Commercial Office Zone (CO-1) to Intensive Commercial Zone (CI- 1) (REZ23-0002). Whereas, the owners CFGRB Realty Holdings, Inc., D & P Property LLC, Donna Allegra Dane, Harold John Dane III, Helen Elizabeth Dane, James Warren Dane, James R. Davis, Patti L. Davis, Jan Ellen Smith, Shottenkirk I C R, LLC, have requested a rezoning of approximately 13.00 acres of property located within the JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions from Commercial Office Zone (CO-1)to Intensive Commercial Zone (CI-1); and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Public/Semi-Public and Office Commercial and that the Future Land Use Map shall be used as a general guide for development of land within Iowa City in addition to District Plans and neighborhood design principals; and Whereas, the South Central District Plan identifies the subject property as appropriate for Intensive Commercial or Office Commercial due to the proximity of the adjacent Iowa City Airport and establishes goals to establish a commercial corridor with a mix of retail, office, and other businesses along this major city entryway; and Whereas, the neighborhood design principles of the Comprehensive Plan encourage neighborhood compatible and complimentary infill development; and Whereas, Iowa Code §414.5 (2023) 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 Planning and Zoning Commission has determined that, with appropriate conditions regarding the need to dedicate to the City, without compensation, right-of-way along Dane Road SE, the requested zoning is consistent with the Comprehensive Plan; and Whereas, this condition has been satisfied. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Property described below is hereby classified Intensive Commercial Zone (CI-1); Lots 1 through 4, JJR Davis Second Addition, Iowa City, Iowa, and Lots 1 through 4, JJR Davis Fourth Addition, Iowa City, Iowa, and a portion of Dane Road shown on the JJR Davis Second Addition Final Plat adjacent to Outlot "A", all more particularly described as follows: Beginning at the Northeast Corner of Lot 1 of JJR Davis Fourth Addition to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book 52 at Page 236 of the Records of the Johnson County Recorder's Office; Thence S20°27'28"E, along the North Line of said JJR Davis Fourth Addition, 247.05 feet; Thence N62°25'02"E, along said North Line, and the Northeasterly Projection thereof, 298.84 feet, to a Point .on the East Line of the Southeast Quarter of the Ordinance No. Page 2 Northeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence SOO°17'32"W, along said East Line, 372.67 feet, to the Southeast Corner thereof; Thence N89°46'47"W, along the South Line of said Southeast Quarter of the Northeast Quarter, 33.00 feet, to a Point on the East Line of said JJR Davis Fourth Addition; Thence SOO°08'54"W, along said East Line, 379.56 feet, to the Southeast Corner thereof; Thence S47°50'33"W, along the South Line of said JJR Fourth Addition, 29.68 feet; Thence N89°47'31"W, along said South Line, 181.27 feet; Thence Southwesterly, 356.23 feet, along said South Line, and the South Line of JJR Davis Second Addition, in accordance with the Plat thereof Recorded in Plat Book 49 at Page 101 of the Records of the Johnson County Recorder's Office, on a 533.00 foot radius curve, concave Southeasterly, whose 349.63 foot chord bears S71°03'42"W; Thence S50°03'20"W, along the South Line of said JJR Davis Second Addition, 33.13 feet; Thence N81°50'57"W, along said South Line, 52.69 feet, to the Southwest Corner thereof; Thence Northwesterly, 593.39 feet, along the West Line of said JJR Davis Second Addition, on a 1750.00 foot radius curve, concave Northeasterly, whose 590.55 foot chord bears N26°03'50"W; Thence Northwesterly, 135.10 feet, along said West Line, on a 549.00 foot radius curve, concave Southwesterly, whose 134.76 foot chord bears N23°34'44"W, to the Northwest Corner thereof; Thence N61°00'41"E, along the North Line of said JJR Davis Second Addition, and the North Line of said JJR Davis Fourth Addition, 696.87 feet, to the Point of Beginning. Excepting therefrom Grace Drive Public Right-of-Way. Said Resultant Rezoning Parcel contains 13.00 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication in accordance with Iowa Code Chapter 380. Passed and approved this day of , 2023. Mayor Attest: Approved�� • City Clerk / City Attorney's office (Sara Hektoen—03/30/2023) Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration: 04/18/2023 Vote for passage: AYES• Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Vote for passage Date published Reviewed By:Geoff Fruin, City Manager Staff Recommendation:Approval Attachments:VAC23-0001 Report w-attachments.pdf PZ 3.1.23 prelim minutes.pdf VAC23-0001 Ordinance Item Number: 9.b. April 18, 2023 Ordinance vacating approximately 5,129 square feet of the Grand Avenue Court public right- of-way and authorizing conveyance to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001) orfiat �'*►i'wraRigir City Council Supplemental Meeting Packet CITY OF IOWA CITY April 17, 2023 Information submitted between distribution of packet on Thursday and 4:00pm on Monday. Late Handout(s): Planning & Zoning Matters Item 9.a Rezoning - JJR Davis Second Addition and JJR Davis Fourth Addition Subdivisions located between Mormon Trek Blvd. and Dane Rd. SE - See correspondence from the following: Katherine Chapman Keller, Dan and Pam Tiedt, David Larsen, Susan Shullaw, Nancy (Wagner) Mendoza and Mary (Wagner) Davis. Item 9.b Vacation and Conveyance of Right-of-Way - See revised commen . Comment: At its March 1, 2023 meeting, the Planning and Zoning Commission recommended approval of VAC23-0001 by a vote of 6-0 (Signs absent) subject to an access easement for fire and emergency protection, private utility easements, and City water line easement in forms approved by the City Attorney's Office. The University of Iowa owns the land surrounding the subject property and has plans to redevelop the rea. (Second Consideration) Staff is requesting expedited action. April 17,2023 City of Iowa City STAFF REPORT To: Planning and Zoning Commission Item: VAC23-0001 Prepared by: Emani Brinkman, Planning Intern and Anne Russett, Senior Planner Date: March 1, 2023 GENERAL INFORMATION: Applicant: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Contact Person: University of Iowa Attn: David Kieft 4 Jessup Hall Iowa City, IA 52242 Owner: City of Iowa City 410 E Washington St. Iowa City, IA 52240 Requested Action: Vacation of the remaining part of Grand Avenue Court Purpose: To incorporate land into proposed redevelopment of the area Location: Northern one-third of Grand Avenue Court Location Map: Size: 5,129 square feet Existing Land Use and Zoning: n/a Surrounding Land Use and Zoning: North Institutional Public Zone (P-2) South Institutional Public Zone (P-2) East: Institutional Public Zone (P-2) West: Institutional Public Zone (P-2) 2 Public Meeting Notification: Property owners within 500’ of the subject property received notification of the Planning and Zoning Commission public meeting. Vacation signs were posted on the site at the corner of Grand Avenue Ct and Grand Ave. File Date: January 27, 2023 45 Day Limitation Period: n/a BACKGROUND INFORMATION: The applicant, the University of Iowa, submitted a request to vacate approximately 5,129 square feet of City right-of-way located at the northern one-third of Grand Avenue Court. If granted, the vacation would allow the University to move forward with plans to redevelopment the area. The City vacated the southern portion of Grand Avenue Court in 2002 (VAC02-0003) to the University. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: Grand Avenue Court provides a link between Grand Avenue and Melrose Avenue but only buses, emergency vehicles and Slater Hall service vehicles can access Grand Avenue Court from Grand Avenue and most traffic uses Byington Road and South Grand Avenue, which are configured for circulation around this block. The lack of sidewalks along Grand Avenue Court makes it undesirable for pedestrian traffic. Grand Avenue Court provides the only vehicular access to 124, 122, 120, 121 Grand Avenue Court, and 311 Grand Avenue. All of these properties are owned by the applicant and according to the University will be vacant by June 1 and incorporated into the proposed redevelopment of the area. b) Emergency and utility and service access: To ensure adequate fire and emergency protection, the City requires that prior to the vacation an access easement be established for fire and emergency services. The easement would be released upon approval by the City’s Fire Department. The street currently contains private utilities and a City water line. Utilities easements must be retained for these utilities, as well, unless they are relocated, removed, or abandoned. c) Impact on access of adjacent private properties: The University owns all the property adjacent to Grand Avenue Court. There is no impact to private properties. 3 d) Desirability of right of way for access or circulation needs: This street provides very limited connectivity to the larger street system. Staff has determined that there is no need to maintain the right-of-way for access or circulation needs upon redevelopment. e) Location of utilities and other easements or restrictions on the property: Private utilities have been contacted and asked to identify if they have any facilities within the subject right-of-way. The subject right-of-way contains existing public and private utilities. Specifically, Lumen, MidAmerican, and Mediacom have existing utility lines and there is a City water line. The City’s water line must be abandoned and a new line established subject to review and approval by the City Engineer or an easement must be established. Additionally, the private utility lines for Lumen, MidAmerican, and Mediacom must either be relocated, removed, or an easement established prior to the vacation. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss both the proposed vacation and the conveyance. State code allows the City to convey land to other governmental entities without compensation. STAFF RECOMMENDATION: Staff recommends the approval of VAC23-0001 a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney’s Office. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Vacation Exhibit Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services LuconDrByington RdFor The Kids Way Melrose Ave SRi versi deDrGrand Avenue CtSGrandAveS Riverside DrGrand Ave An application submitted by The University of Iowa to vacate the northern 1/3 of Grand Avenue Court. µVAC23-0001 Grand Avenue Court Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.02 0.040.01 Miles LuconDrByington RdFor The Kids Way Melrose Ave SRi versi deDrGrand Avenue CtSGrandAveS Riverside DrGrand Ave P2 P2 P2 P2 P2 P2 P2 An application submitted by The University of Iowa to vacate the northern 1/3 of Grand Avenue Court. µVAC23-0001 Grand Avenue Court Prepared By: Emani Brinkman Date Prepared: January 2023 0 0.02 0.040.01 Miles MELROSE AVE K Map Date: Friday, January 27, 2023 Vacation and Conveyance Grand Avenue Court 0 100 20050 Feet Vacation of public right-of-way for Grand Avenue Court MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MARCH 1, 2023 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Billie Townsend, Chad Wade MEMBERS ABSENT: Mark Signs STAFF PRESENT: Sarah Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: David Kieft, Dave Larson, Dennis Mitchell, Jane Driscoll, Bob Dane, Daniel Tiedt RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney’s Office. By a vote of 6-0 the Commission recommends approval of REZ23- 0002, a proposal to rezone approximately 13 acres located east of Mormon Trek Blvd. and along Grace Dr. from Commercial Office Zone (CO-1) to Intensive Commercial Zone ( CI-1) subject to the following condition: 1. Prior to issuance of a building permit, Owner shall: a. Dedicate to the City, without compensation, right- of-way along Dane Rd. SE CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. VAC23-0001: Location: Grand Avenue Court Right-of-Way An application for a vacation of approximately 5,129 square feet of the Grand Avenue Court public right-of-way to incorporate it into the University of Iowa's planned redevelopment of the area. Russett noted this is a proposed vacation that was submitted by the University of Iowa, she began the staff report showing a map of the location of the proposed right-of-way vacation. She also showed a zoning map noting that all of the land surrounding the proposed area to be vacated is owned by the University and is all zoned P-2. Russett stated for evaluating vacations there are several criteria staff look at. The first is related to the impact on pedestrian and vehicular access and circulation. She stated there are no Planning and Zoning Commission March 1, 2023 Page 2 of 10 sidewalks on the Grand Avenue Court right-of-way which makes it undesirable for walking. The southern portion of the right-of-way was already vacated in 2002 and does not open to regular traffic but does provide access to the University vehicles and emergency services. The area that the University is requesting to be vacated does provide only access for some of the buildings on Grand Avenue Court and based on information from the University, all the buildings will be vacant by June 1, and the University does have plans to redevelop the area and those buildings and proposed vacations will be redeveloped. Next staff looks at emergency and utility vehicle access and circulation. Based on conversations with the fire department, they would like an access easement to ensure adequate fire and emergency protection prior to vacation and easement would be released upon approval by the City’s Fire Department. Russett noted there are also some utilities in the right-of-way. Next criteria is related to the impact on access of adjacent private properties. As mentioned there are no private properties to be impacted by the proposed vacation area, it's all owned by the University. The next criteria is related to the desirability of the right-of-way for access or circulation needs. Grand Avenue Court provides very limited connectivity for the rest of the street network and as previously mentioned a portion of it is already vacated so staff determined that there's no need to maintain the right-of-way for access and circulation. In terms of utilities and other easements or restrictions on the properties, staff did reach out to private utility companies, and based on contact with them and also information from the University of Iowa, Lumen, MidAmerican and Medicom have existing utilities and there's also a City water line located within the right-of-way. Russett stated the water line has to be abandoned subject to approval by the City Engineer or an easement must be established prior to the vacation that right-of-way. The private utility lines must also either be relocated or removed or an easement established. The last criteria is any other relevant factors pertaining to that specific requested vacation, which staff did not find any. Staff recommends approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney’s Office. In terms of next steps, upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. A public hearing would be set on potentially March 21. Hensch opened the public hearing. David Kieft (University of Iowa Business Manager and Director of the University Real Estate and Planning Development). He reiterated that the southern portion of this property was already vacated over 20 years ago and when they were looking at the redevelopment of the area they couldn’t find any records of why half the street was vacated and the other half wasn't at that time. Planning and Zoning Commission March 1, 2023 Page 3 of 10 Kieft stated this is part of an overall master plan for the hospital. As many may be aware the hospital is going to be constructing a new bed tower in the next couple of years and there's several enabling projects to make way for that including a new academic building which will be in constructed in this general area. This new building will house the UI’s top-rated Department of Communication Sciences and Disorders, top rated physical therapy program in the Carver College of Medicine, and the most popular undergraduate major program in Health and Human Physiology. That 60,000 square foot building will be erected starting this summer. Kieft also noted the homes on both sides of the street have not been used as residential property in decades, they’re university offices and well past their useful life, and there's no historical significance to them. He did acknowledge the utilities that are located there and the City’s Engineering and Public Works staff are part of the project planning team and they are working through relocating all the utilities and creating easements, MidAmerican will be removing the poles that goes through there and there won't be a need for services anymore as the only services provided by any of the utilities was for those homes but there's no pass through utilities that connect any part of town to another part. Hensch asked if Grand Avenue Court has been open for general traffic for decades. Kieft confirmed that it hasn’t and it's more of an alley and very narrow for most cars. It's technically two ways but two cars really can't pass each other with going up on some of the grass. Kieft noted if this vacation is approved, the homes will be removed completely but the several large oak trees that are to the east will all be preserved. Hensch closed the public hearing. Padron moved to approve approval of VAC23-0001, a vacation of the northern one-third of Grand Avenue Court subject to an access easement for fire and emergency protection, private utility easements, City water line easement as described in this report and in forms approved by the City Attorney’s Office. Craig seconded the motion. A vote was taken and the motion carried 6-0. CASE NO. REZ23-0002: Location: East of Mormon Trek Blvd along Grace Drive An application for a rezoning of approximately 13 acres of land from Commercial Office (CO- 1) zone to Intensive Commercial (Cl-1) zone. Walsh started by showing an aerial of the property, he stated the only existing development was PIP Printing, the Edward Jones building as well as existing dealerships across Mormon Trek. Looking at the zoning map, to the west and to the south is primarily CI-1 zoning and to the north is neighborhood public zone which is occupied by the airport and unincorporated Iowa City. Walsh next showed images of the property. Regarding background of the property, in 2005 the subject property was platted for four commercial lots and an outlot, in 2006 PIP Printing received a special exception for printing purposes. In 2007 the subject property was re-platted to include four more lots where the outlot 4L , Prepared by:Anne Russett,Senior Planner,410 E.Washington Street, Iowa City, IA 52240;(VAC23-0001) Ordinance No. 23-4899 Ordinance vacating approximately 5,129 square feet of the Grand Avenue Court public right-of-way and authorizing conveyance to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa. (VAC23-00001) Whereas, the applicant, the University of Iowa, has requested that the City vacate and convey to them approximately 5,129 square feet of the Grand Avenue Court public right-of-way; and Whereas, this portion of right-of-way contains private utilities and public water lines and provides access to the existing structures for fire and emergency services; and Whereas, at its meeting on March 1, 2023, the Planning and Zoning Commission recommended approval of the vacation subject to an access easement for fire and emergency protection, private utility easements, and City water line easement in forms approved by the City Attorney's Office; and Whereas, Staff has determined that this portion of right-of-way provides limited connectivity to the larger street network and recommends approval of the vacation and conveyance subject to the necessary easements for utilities and emergency services; and Whereas, at its March 21, 2023, City Council adopted a resolution declaring its intent to consider the conveyance of this right-of-way to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa, authorizing publication of public notice of the proposed conveyance and setting a date and time for public hearing on this matter; and Whereas, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest subject to the recommended easements in forms approved by the City Attorney's Office. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Vacation. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: All of Grand Avenue Court in Grand Avenue Court Addition to Iowa City, Johnson County, Iowa • (Final Plat recorded in Plat Book 3, Page 101 at the Johnson County Recorder's Office) lying north of Melrose Avenue and south of Grand Avenue except that part previously conveyed in the Quit Claim Deed recorded in Book 3652, Page 362. Said right-of-way contains 5,129 s/f more or less. Section II. Conveyance. The Mayor and City Clerk are authorized, upon approval of the City Attorney, to execute all documents necessary to convey any interest in the above-described Ordinance No. 23-4899 Page 2 property to the Board of Regents State of Iowa for the Use & Benefit of the University of Iowa via quit claim deed, subject to easements for utility, fire and public safety protection, in forms approved by the City Attorney, without compensation. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Section III. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section IV. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of April , 2023. May ram': ) t 1 ; Approved by: ATTEST: ) JQ G" City Clerk City Attorn 's ffice (Sara Hektoen—03/29/2023) Ordinance No. 23-4899 Page 3 It was moved by Dunn and seconded by Bergus that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain X Alter X Bergus X Dunn X Harmsen X Taylor Teague X Thomas First Consideration: 04/04/2023 Voteforpassage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Voteforpassage Date published 04/27/2023 Moved by Taylor, seconded by Dunn, that the rule requiring ordinances to be considered and voted on for passsage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance voted upon for final passage at this time. AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Prepared By:Nicole Davies, Finance Director Reviewed By:Geoff Fruin, City Manager Fiscal Impact:Water rate adjustments for FY2024 amounting to an increase of approximately $400,000 per year in revenues for the Water fund. Wastewater rate adjustments for FY2024 amounting to an increase of approximately $242,000 per year in revenues for the Wastewater fund. Solid Waste Disposal rate adjustments for FY2024 amounting to an increase of approximately $390,000 per year in revenues for the Refuse fund. Minimum tipping fee rate adjustments for FY2024 amount to an increase of approximately $150,000 per year in revenues for the Landfill fund. Parking permit adjustment for FY2024 amounting to an increase of approximately $85,000 per year in revenues for the Parking fund and $23,000 per year in revenues for the Transit fund. Staff Recommendation:Approval Commission Recommendations:N/A Attachments:Notice of Public Hearing.docx Utility_Fee_Ordinance 2023.doc Item Number: 10.a. April 18, 2023 Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties" of the City Code to increase or change charges and fees. Executive Summary: Following a public hearing, staff asks that Council consider amending Title 3, Chapter 4 of the City Code. Title 3, Chapter 4 amendments include a 4% increase in water users charges, a 2% increase in wastewater user charges, an increase of residential solid waste collection fees for curbside solid waste disposal by $1.00 per dwelling unit per month, an increase of additional refuse carts over 1, per month by $1.00 each, and an increase in residential solid waste collection fees for curbside recycling fees by $1.00 per dwelling unit per month, an increase of $7.50 for the first bulky item and $4.00 for each additional bulky item per pickup, an increase in the minimum tipping fee charged at the landfill for Iowa City residents by $7.00 per visit and for non-Iowa City residents by $7.50 per visit, an increase in stormwater user charges by $.50 per equivalent residential unit per month, an increase in the monthly parking permit fee by $5.00 per month, the annual advance monthly parking permit by $57.00 per year and the annual moped/scooter/motorcycle permit by $5.00 per year in fiscal year 2024. Background / Analysis: Title 3, Chapter 4 of the City Code is the ˜Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties" Potable Water Use and Service Rate Adjustments In the revised fiscal year 2023, the Water fund has a projected ending unassigned fund balance of $7,155,432. With the rate adjustments the projected ending fund balance for fiscal year 2024 would be $7,378,459, a slight 3.1% increase. The City’s five-year capital improvement program projects water funding for capital projects over the next five years to be between $1,067,500 and $3,944,000 each year for a total of $9,761,500. This figure does not include the cost of repairing emergency water main breaks. Without a rate increase, the fund balance would decline. The Water fund is an enterprise or a business-type fund that is expected to be self-funding. The primary solution is to review water rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 4% in fiscal year 2024 the anticipated decline in the water fund’s cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. All fees and charges, within the Water rates, are proposed to be increased 4% in fiscal year 2024, with a few small exceptions. The fee for the direct purchase of water is proposed to remain at $0.50 per 100 gallons, the deposit for residential tenant accounts is proposed to remain at $120.00, and the reconnection of discontinued service is proposed to remain at $45.00. With these changes the minimum monthly charge for households with a 5/8 or 5/8 x 3/4 meter size increases from $8.19 to $8.52 in fiscal year 2024. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in operational costs and in funding for the capital improvement program and ensuring that the Water fund remains a self-funding enterprise. The expected increase in revenues is approximately $400,000 each year. Wastewater Treatment Works User Charges Rate Adjustments In fiscal year 2022, the Wastewater fund had an ending unassigned fund balance of $14,832,149. With a rate adjustment the projected ending fund balance for fiscal year 2024 would be $11,889,329, a 19.8% decrease over the two years. The City’s five-year capital improvement program projects wastewater funding for capital projects over the next five years to be between $2,455,000 and $6,131,000 each year for a total of $19,060,500. Additionally, two $14,000,000 revenue bonds are planned in fiscal year 2024 for two major capital projects. The Wastewater fund is an enterprise or a business-type fund that is expected to be self- funding. The primary solution is to review wastewater rates and charges to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of 2% in fiscal year 2024 the anticipated decline in the wastewater fund’s cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through additional revenue bonds or other debt. All fees and charges, within the Wastewater rates, are proposed to be increased 2% in fiscal year 2024, with one exception. The fee for a deposit for a residential tenant account is proposed to remain at $120.00. With these changes the minimum monthly charge for households for up to 100 cubic fee of water used increases from $8.15 to $8.31 in fiscal year 2024. The proposed fee increases are expected to generate enough revenue to be able to help offset the increases in funding for the capital improvement program and revenue bond debt and ensuring that the Wastewater fund remains a self-funding enterprise. The expected increase in revenues is approximately $242,000 each year. Solid Waste Disposal Rate Adjustments In the fiscal year 2022, the Refuse Collection fund had an ending unassigned fund balance of $1,374,200. The revised projected ending fund balance for fiscal year 2023 is estimated to be $1,256,248, an 8.6% decrease. The estimated fund balance for fiscal year 2024 with the rate adjustments is $1,355,425, which is still a slight decrease from fiscal year 2022. The City’s curbside program has seen consistent increases in trash, recycling and organics usage over the past three years, while fuel, equipment, and labor costs have increased for all three services. Without the $1.00 per dwelling unit per month increase for curbside recycling, the $1.00 per dwelling unit per month increase for curbside solid waste disposal, and the increases of $7.50 for the first bulky item pickup and $4.00 for each additional bulky item pickup, the fund balance would continue to decline. In the fiscal year 2022, the Landfill fund had an ending unassigned fund balance of $2,449,879. The revised projected ending fund balance for fiscal year 2023 is estimated to be $2,287,802, a 6.6% decrease. The estimated ending fund balance for fiscal year 2024 with the rate adjustments is $1,811,129, a 20.8% decrease. The City’s five-year capital improvement program projects water funding for capital projects over the next five years to be between $403,00 and $5,455,000 each year for a total of $10,425,750. The increase to the minimum tipping fee of $7.00 for Iowa City residents and $7.50 for Non-Iowa City residents is needed to help offset the capital projects costs and is more comparable to what other area landfills are charging. The Refuse Collection and Landfill funds are enterprise or business-type funds that are expected to be self-funding. The primary solution is to review user rates to ensure that the fund is generating sufficient revenue to cover both operating and capital expenses. By implementing the solid waste rate increases mentioned previously in fiscal year 2024, the anticipated declines in the funds’ cash balances are greatly reduced. This solution also provides for much healthier and sustainable funds over time versus financing the necessary capital improvements through revenue bonds or other debt. The proposed fee increases are expected to generate enough revenue to support the increase in operational costs and capital projects and ensures that the Refuse Collection and Landfill funds remain a self-funding enterprise. The expected increase in revenues for the Refuse Collection and Landfill funds are approximately $391,000 and $150,000 a year, respectively. Stormwater Utility Fee Rate Adjustments In fiscal year 2022, the Stormwater fund had an ending unassigned fund balance of $798,799. The revised projected ending fund balance for fiscal year 2023 is estimated to be $732,820, an 8.25% decrease. With the rate adjustment, the estimated ending unassigned fund balance is $798,877. The City’s five-year capital improvement program projects stormwater funding for capital projects over the next five years to be between $240,000 and $1,090,000 each year for a total of $3,740,000. Without a rate increase, the fund balance would continue to decline. The Stormwater fund is an enterprise or a business-type fund that is expected to be self- funding. The primary solution is to review stormwater rates to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a user rate increase of $0.50 per equivalent residential unit (ERU) in fiscal year 2024, the anticipated decline in the stormwater fund’s cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. With this increase in charges, the monthly charge for households with 1 ERU increases from $5.00 to $5.50 in fiscal year 2024. The proposed fee increase is expected to generate enough revenue to support the increase in funding for the capital improvement program and ensures the Stormwater fund remains a self-funding enterprise. The expected increase in revenues is approximately $175,000 a year. Parking Rate Adjustments In fiscal year 2020, the Parking fund had an ending unassigned fund balance of $2,171,686. The ending unassigned fund balance in fiscal year 2022 was $1,589,509, a decrease of 26.8% over the two years. The projected ending fund balance for fiscal year 2024 is estimated to be $1,838,002, a 15.4% decrease from fiscal year 2020. The Parking fund was impacted the most from COVID-19 and revenues are still not at their pre-COVID levels. Even with a rate increase, we are still anticipating a slight decrease in fund balance in fiscal year 2024. The Parking fund is an enterprise or a business-type fund that is expected to be self-funding. The primary solution is to review parking rates to ensure that the fund is generating sufficient revenue to cover both its operating and capital expenses. By implementing a $5.00 increase for the monthly parking permit fee, the anticipated decline in the parking fund’s cash balance is greatly reduced. This solution also provides for a much healthier and sustainable fund over time versus financing the necessary capital improvements through revenue bonds or other debt. With this increase in permit fees, the monthly fee for parking ramp permits increases from $85.00 to $90.00, the annual fee for parking ramp permits increases from $969.00 to $1,026.00, the monthly fee for all day surface lot permits increases from $65.00 to $70.00, the annual fee for all day surface lot permits increases from $741.00 to $798.00, the monthly fee for off hours surface lot permits increase from $59.00 to $63.00 and the annual moped/scooter/motorcycle permit increase from $90.00 to $95.00 in fiscal year 2024. The proposed fee increase is expected to generate enough revenue to support the increased costs in operations, funding for the capital improvement program and helps to ensure the Parking fund remains a self-funding enterprise. The expected increase in revenues is approximately $85,000 a year. This permit increase is also expected to increase Transit fund revenues by $23,000 for the Court Street Transportation Center permits. Notice of Public Hearing Notice is hereby given that a public hearing will be held at which the Council will consider: Ordinance amending Title 3,Entitled "Finances, Taxation and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," of the City Code to increase water system, wastewater system,solid waste disposal, stormwater, and parking charges and fees. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Copies are available by telephoning the City Clerk at 319/356-5043 or emailing kellie-fruehling@iowa-city.org. The public hearing will be held at 6:00 p.m. on April 18, 2023, in the Emma J. Harvat Hall, City Hall, Iowa City. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie K. Fruehling, City Clerk Prepared by: Nicole Davies, Finance Director,410 E.Washington Street, Iowa City, IA 52240;319-356-5085 Ordinance No. Ordinance Amending Title 3, Entitled "City Finances, Taxation And Fees," Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, And Penalties" of the City Code to increase or change charges and fees Whereas, pursuant to Chapter 384, Code of Iowa (2023), the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system, wastewater treatment system, solid waste disposal services at the municipal landfill, stormwater system, and parking system; and Whereas, the City's financial policies dictate that the Water fund shall be self-supporting; and Whereas, the City's current water rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase water user charges by 4% on July 1, 2023 to_recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Wastewater fund shall be self-supporting; and Whereas, the City's current wastewater rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a wastewater rate and fee structure that makes the City's wastewater utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase wastewater user charges by 2% on July 1, 2023 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Refuse and Landfill funds shall be self- supporting; and Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a solid waste disposal rate and fee structure that makes the City's refuse and landfill utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase curbside household refuse for solid waste disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per month by $1.00 each, and to increase curbside recycling by $1.00 per dwelling unit, per month, to increase first item of bulky item pickup by $7.50 per item, to increase additional items of bulky item pickup by $4.00 for each additional item, to increase the minimum landfill tipping fee for Iowa City residents by $7.00 per visit, to increase the minimum landfill tipping fee for non-Iowa City residents by $7.50 per visit on July 1, 2023, to adequately finance the municipal solid waste operational costs; and Ordinance No. Page 2 Whereas, the City's financial policies dictate that the Stormwater fund shall be self-supporting; and Whereas, the City's current stormwater rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a stormwater rate and fee structure that makes the City's stormwater utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase stormwater user charges by $0.50 per equivalent residential unit (ERU) per month on July 1, 2023 to recover the City's cost of providing services; and Whereas, the City's financial policies dictate that the Parking fund shall be self-supporting; and Whereas, the City's current parking rate structure does not provide sufficient revenue to fund the necessary operations; and Whereas, the Iowa City City Council intends to provide a parking rate and fee structure that makes the City's Parking utilities self-sustaining; and Whereas, the Iowa City City Council proposes to increase the monthly parking permit fee by$5.00 per month, the annual advance monthly parking permit by $57.00 per year, and the annual moped/scooter/motorcycle permit by $5.00 per year on July 1, 2023 to recover the City's cost of providing services. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendment. 1. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3, entitled "Potable Water Use and Service," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-3: Potable Water Use and Service: Description Of Fee, Charge, Bond, Fine Or Penalty Amount Of Fee, Charge, Bond, Fine Or Penalty Water service charges (see section 16-3A-4 of this Code): Meter Size Charge (Inches) For first 100 cubic feet or less of water used, based on 5/8, 5/8 x 3/4 $ 8.52 meter size 3/4 9.31 1 10.96 11/2 21.85 2 29.39 3 54.32 4 94.73 6 190.62 There will be no minimum monthly charge for a single purpose water meter for the months of November to March if no water is used. User charges for water in excess of 100 cubic feet per Monthly Charge Per 100 Cubic Feet month: Usage (Cubic Feet) Ordinance No. Page 3 Dual purpose meters 101 -3,000 $3.97 Over 3,000 2.85 Single purpose meters Over 100 3.97 Other charges and discounts: Charge Low income discount 60 percent of minimum monthly water charge Temporary water use (see subsection 16-3A-4 B of this Code): During construction for the first 90 days from the date Charge Per Month of the connection to the water main for a new water service or a maximum of 90 days for reconstruction: Single-and two-family residences $ 19.92 Multi-family residences 19.92 Commercial structures 33.19 After 90 days for any structure, until the water meter is 132.74 i installed Charge Direct purchase of water fee, per 100 gallons or fraction $ 0.50 thereof(see subsection 16-3A-4 C of this Code) Deposit and delinquency fee for combined City water and/or sanitary sewer and/or solid waste collection accounts (see section 16-3A-5 of this Code): Residential owner account 0.00 Residential tenant account 120.00 Commercial account An amount equal to an average 2 month billing for commercial service for City water and/or sanitary sewer service, or$120.00, whichever is greater 10 percent delinquency charge on current billed portion of the outstanding amount on combined water and/or sanitary sewer and/or solid waste account that is not paid within 22 days of billing date. Can be waived once every 12 months Delinquency deposit fee for combined water and/or An amount equal to an average 2 month billing for the sanitary sewer and/or solid waste collection accounts (see delinquent account. Can be waived if the account holder section 16-3A-5 of this Code) enrolls in SurePay To connect water main extensions, per acre Charge $523.71 Service Fees During Normal After Normal Working Hours Working Hours' Reconnection of discontinued service $45 $91.73 Posting fee for shutting off water in collection procedure $0 Not done after normal working hours Frozen water meters $40.13, plus cost of meter $91.73, plus cost of meter Shut off water service at curb and check for exterior leaks No charge $91.73, plus hourly overtime rate beyond 2 hours Broken or damaged hydrant Repair cost $91.73, plus repair cost Location of City owned water main for other utilities No charge No charge Location of City owned water main for private enterprise No charge $91.73, plus hourly Ordinance No. Page 4 overtime rate beyond 2 hours Check water meter for accuracy at consumer's request $ 88.29 Not done after normal working hours Annual fire hydrant fee for inspection and operation of fire 104.34 Not done after normal hydrants which are privately owned or owned by other working hours government agencies After hours callout fee for any water work done outside of Not applicable $91.73, plus hourly normal working hours overtime rate beyond 2 hours 2. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 4, entitled "Wastewater Treatment Works User Charges," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-4: Wastewater Treatment Works User Charges: Sanitary Sewer Service Charges; Description Of Amount Of Fee, Charge, Bond, City Code Fee, Charge, Bond, Fine Or Penalty Fine Or Penalty Chapter, Article Or Section Reference Minimum monthly charge (includes the first 100 cubic $8.31 16-3A-4 feet of water used) Monthly charge for each additional 100 cubic feet of 4.07 16-3A-4 water used Low income discount 60 percent of monthly minimum 16-3A-4 charge Monthly surcharge: BOD (per pound) 300 or less MPL1 Included in charge for 100 cubic feet 16-3A-4 of water used BOD (per pound)from 301 MPL to 2,000 MPL1 $ 0.290 16-3A-4 BOD (per pound) greater than 2,000 MPL1 0.434 16-3A-4 Suspended solids (SS) (per pound) 0.232 16-3A-4 Monthly minimum, unmetered user 34.03 16-3A-4 Manufactured housing park, monthly minimum per lot 34.03 16-3A-4 Holding tank waste-plus landfill fees 0.033 per gallon 16-3A-4 Holding tank waste hauler-annual permit 925.14 per year 16-3A-4 Deposit and delinquency fee for combined City water 16-3A-5, 16-3A-7 and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential 0.00 service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential 120.00 service for City water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed 5.0 percent current billed portion. portion of the outstanding amount on combined Can be waived once every 12 water and/or sanitary sewer and/or solid waste months account that is not paid within 22 days of billing date Delinquency deposit fee for combined City water and/or An amount equal to an average 2- 16-3A-5 Ordinance No. Page 5 sanitary sewer and/or solid waste collection accounts month billing for the delinquent account. Can be waived if the account holder enrolls in SurePay 3. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-5: Solid Waste Disposal: Description Of Fee, Charge, Bond, Fine Or Penalty Charge Yard waste collection fees: Per dwelling unit, per month $3.50 Low income discount 75 percent of monthly charge Untreated wood waste Free Additional yard waste carts over 1, per month $3.50 Collection of large items fees: Appliance collection, per item collected $20.00 Bulky solid waste $20.00 per stop and 1 item; $10.00 per additional items Tire collection $3.75 per tire; $7.50 tire and rim Residential solid waste collection fees: Curbside household refuse: Per dwelling unit, per month $14.00 Low income discount 75 percent of monthly charge Per sticker for each additional bag beyond each unit's monthly $ 2.50 each allotment Additional refuse carts over 1, per month $14.00 each Per 2 rooming units, per month (in addition to the dwelling unit 15.90 fees) Electronic waste TVs or monitors$21.50 per item Curbside recycling: Per dwelling unit, per month $7.50 Low income discount 75 percent of monthly charge Iowa City community compost $20.00 per ton, $2.00 minimum Wood chip mulch No charge Deposit and delinquency fee combined for City water and/or sanitary sewer and/or solid waste collection accounts: Residential owner account, per combined residential service for $0.00 City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined residential service for 120.00 City water and/or sanitary sewer and/or solid waste collection service 5 percent delinquency charge on current billed portion of the 5 percent current billed portion. Can be outstanding amount on combined water and/or sanitary sewer waived once every 12 months and/or solid waste account that is not paid within 22 days of billing date Ordinance No. Page 6 Delinquency deposit for combined water and/or sanitary sewer and/or An amount equal to an average 2-month solid waste collection service billing for the delinquent account. Can be waived if the account holder enrolls in SurePay Special wastes disposal fees: Disposal of special wastes (except for asbestos containing material 2 times the landfill use fees in this section and contaminated soils) Minimum fee 2 times the landfill use fee for 1 ton Asbestos containing material (ACM): Nonfriable ACM, from Iowa City premises subject to a $100.00/ton Property Tax and City owned property Nonfriable ACM, from other locations 105.00/ton Friable ACM, from Iowa City premises subject to a Property 100.00/cubic yard Tax and City owned property Friable ACM, from other locations 105.00/cubic yard Minimum fee for any regulated ACM 100.00 Contaminated soil: 50.00/ton Minimum fee for contaminated soil 150.00 Disposal of large items fees (see also Collection of large items fees above): Appliance disposal fees: Commercial per item disposed 1.00/cubic foot Residential per item disposed $12.50 (at landfill scale house) Tire disposal fee: Per pound $ 0.15 Subject to minimum fee 3.00 Untreated wood waste and yard waste: 24.00/ton Minimum 2.00 Landfill use fees: Arriving at the landfill with an unsecured or uncovered load: First instance in trailing 12 months Warning Second or subsequent instances in trailing 12 months $50.00 Electronic waste $3.00 per item; TVs or monitors $15.00 per item Solid waste from Iowa City premises subject to a Property Tax and City owned property: Total landfill fee per ton (includes State fee per ton) $45.00 All other solid waste: Total landfill fee per ton (includes State fee per ton) $50.00 Minimum fee in lieu of tonnage fees (300 pounds or less): Solid waste from Iowa City premises subject to a Property Tax $14.00 and City owned property All other solid waste $15.00 Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 6, entitled "Stormwater Utility Fee," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: Ordinance No. Page 7 3-4-6: Stormwater Utility Fee: Description Of Fee, Bond, Charge, Fine Or Penalty Amount Of Fee, Charge, Bond, Fine Or Penalty Stormwater utility fee. Users include all users owning or 1 equivalent residential unit occupying developed property in the City of Iowa City (ERU) = $5.50 Low income discount 60 percent of the monthly charge 4. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 8, entitled "Parking," of the Iowa City Code is hereby amended by deleting it in its entirety and replacing it as follows: 3-4-8: Parking: Description Of Fee, Charge, Fine Or Penalty Amount Of Fee, Charge, Fine Or Penalty Parking ramp fees: Hourly parker(Court Street Transportation Center, Tower Place, First hour= Free Capital Street, and Dubuque Street parking ramps), per hour Hours 2+ = $1.00 per hour Hourly parker(Chauncey Swan), per hour $ 0.75 Monthly all day permits with advance payment(Court Street 90.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per month Annual all day permits with advance payment(Court Street 1,026.00 Transportation Center, Chauncey Swan, Harrison Street, Tower Place, Capital Street, and Dubuque Street parking ramps), per year Reissue of monthly, quarterly or annual permit, each reissue 25.00 City employee monthly all day permits, per month Half price City council monthly all day permits, per month No charge Lost ticket fee $ 23.00 Surface lot fees: Monthly all day permits, per month 70.00 Monthly all day permits (annual advance payment), per year 798.00 Monthly off hours permits (after 5:00 P.M., Monday through 63.00 Friday, all day Saturday and Sunday), per month; all city surface lots Parking meter fees (except as otherwise marked): Central business district on street meter, per hour 1.50 Central business district lot meter, per hour 1.50 100 -300 blocks of East Jefferson Street, per hour 1.50 100 -200 block of North Clinton Street, per hour 1.00 10 block of West Court Street, per hour 1.00 10 - 300 block of East Court Street, per hour 1.00 Ordinance No. Page 8 300 block of South Linn Street, per hour 1.00 300 block of South Dubuque Street, per hour 1.00 300 block of South Clinton Street, per hour 1.00 100 - 300 blocks of East Market Street, per hour 1.00 100 - 200 block of North Linn Street, per hour 1.00 400 block of Iowa Avenue, per hour 1.00 Market Street and Schuman parking lots, per hour 1.00 Peripheral lot meter(outside central business district), per hour 0.75 Peripheral on street meter(outside central business district), per 0.75 hour Fee for contractor reservation of space, per day 20.00 Moped/scooter/motorcycle permit(annual permit): January 1, 2015 —June 30, 2023 90.00 July 1, 2023 - 95.00 Fines for parking violations: Overtime parking 10.00 Commercial loading zone 25.00 Expired meter; each period runs from July 1 until June 30 of the subsequent year: First citation each period Warning Second citation each period $ 7.00 Third citation each period 12.00 Fourth citation each period 15.00 Fifth citation each period 20.00 Sixth+ citation each period 25.00 Prohibited zone 15.00 Illegal parking; handicapped parking space $100.00, or as specified in Iowa Code section 321.236(1)(b), as amended, for violations of Iowa Code section 321 L.4(2) 1 hour restricted zone, City Hall lot $10.00 Library patron only parking 10.00 Library outside book drop off only: First offense 10.00 Second and subsequent offenses 20.00 Parking in passenger loading zone 15.00 Parking where prohibited or restricted during a snow emergency 50.00 All other illegal parking violations 15.00 Increases: 30 days after issue, all parking violations, if not already paid Original ticket amount plus $5.00 or appealed, shall increase in amount by $5.00, or as allowed by Iowa Code section 321.236(1)(b), as amended Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance No. Page 9 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 on July 1, 2023. Passed and approved this day of , 20 Mayor Attest: City Clerk Approved by City Attorney' Office—04/07/2023 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: Ayes: Nays: Absent Abstain Alter Bergus Dunn Harmsen Taylor Teague Thomas First Consideration: 04/18/2023 Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas NAYS: None ABSENT: None Second Consideration: Vote for passage Date published