HomeMy WebLinkAbout2023-05-16 OrdinanceStaff Recommendation:Approval
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PZ 4.5.23 minutes.docx
Planning and Zoning Commission Correspondence
Public Hearing Notice-City Council.docx
Ordinance
Item Number: 10.a.
May 16, 2023
Ordinance rezoning approximately 10.26 acres from Low Density Multi-Family Residential with
a Planned Development Overlay (OPD/RM-12) to OPD/RM-12 for the purpose of amending
the approved Planned Development Overlay Plan and Sensitive Areas Development Plan
(REZ23-0003). (Second Consideration)
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ23-0003
Prepared by: Emani Brinkman, Planning Intern
and Parker Walsh, Associate Planner
Date: April 5, 2023
GENERAL INFORMATION:
Applicant/Owner:
Christian Retirement Services, Inc.
1 Oaknoll CT Iowa City, IA 52246
Contact Person: Brian Boelk
Axiom Consultants, LLC
bboelk@axiom-con.com
Steve Roe
Oaknoll
sroe@oaknoll.com
Requested Action: Rezoning
Purpose:
Rezoning of approximately 10.26 acres of
property from Low Density Multi-Family with a
Planned Development Overlay (OPD/RM-12) to
Low Density Multi-Family with a Planned
Development Overlay (OPD/RM-12)
Location:
2640 N Scott Blvd
Location Map:
Size: 10.26 acres
Existing Land Use and Zoning: Low Density Multi-Family with a Planned
Development Overlay (OPD/RM-12)
Surrounding Land Use and Zoning: North: Low Density Single-Family
Residential Zone (RS-5); Low
Density Single-Family Residential
Zone with a Planned Development
Overlay (OPD/RS-5); Office
Research Park (ORP)
South: Low Density Single-Family
2
Residential Zone with a Planned
Development Overlay (OPD/RS-5);
Interim development single-family
residential (ID-RS)
East: Office Research Park (ORP)
West: Interim development research park
(ID-RP)
Comprehensive Plan:
Office Research Development Center &
Public/Private Open Space
District Plan:
Northeast District Plan – office park with
residential as a potential alternative use.
Neighborhood Open Space District:
C8
Public Meeting Notification: Properties with 500’ of the subject property
received notification of the Planning and Zoning
Commission public meeting. A rezoning sign
was posted on the property.
File Date: February 28,2023
45 Day Limitation Period:
April 14, 2023
BACKGROUND INFORMATION:
The applicant, Christian Retirement Services Inc., has requested a rezoning of 10.26 acres from
Low Density Multi-Family with a Planned Development Overlay (OPD/RM-12) to OPD/RM-12 for
the purpose of amending the approved Planned Development Overlay Plan and Sensitive Areas
Development Plan. Per 14-8D-7E or the City Code, substantial changes to an approved OPD or
SADP may not be approved administratively and must be submitted as an amendment to be
reviewed by the Planning and Zoning Commission and City Council. The proposed development
adds an additional multi-family building that contains 16 one bedroom units to what was previously
approved, as well as impacts additional sensitive areas. The property currently contains three
multi-family buildings and 60 senior living units known as Oaknoll East Campus.
The property was rezoned in March 2017, Lot 1 of Larson Subdivision to the north to Low Density
Single Family Residential (RS-5) and the subject property, Lot 2, to Low Density Multi Family
Residential (RM-12). During the review of the preliminary plat it was determined that the
development would impact sensitive areas triggering a Planned Development Overlay (OPD)
rezoning. Specifically, the construction of the storm water management facility would impact
protected slope buffers. In May 2017 a rezoning was approved to OPD/RS-5 and OPD/RM-12 to
allow the impacts to protected slope buffers to accommodate storm water management. The
preliminary plat, final plat, and preliminary OPD and SADP were also approved in 2017 for 60 units.
The applicant held a Good Neighbor Meeting on March 23, 2023. A summary of the meeting is
included in Attachment 4.
ANALYSIS:
Current Zoning:
The subject property is currently zoned Low-Density Multi-Family Residential Zone with a Planned
3
Development Overlay (OPD/RM-12). The purpose of OPD/RM-12 is to provide for the
development of high density, single-family housing and low density, multi-family housing. This
zone is intended to provide a variety of housing options in neighborhoods throughout the city.
Careful attention to site and building design is important to ensure that the various housing types
in any one location are compatible with one another. Due to impacts to the sensitive areas, a
Planned Development Overlay is required. The OPD process allows for a mixture of uses, provided
that additional criteria in section 14-3A-4 and 14-3A-5 of the City Code are met.
Proposed Zoning:
Through the rezoning the designation will remain the same and is intended to amend the
previously approved OPD and SADP due to a proposed substantial change. As previously
mentioned, the substantial change is the proposal of a new 16 one bedroom unit multi-family
building bringing the total number of dwelling units from 60 to 76. The proposal also further
impacts sensitive features.
General Planned Development Approval Criteria: Applications for Planned Development
rezonings are reviewed for compliance with the following standards according to Article 14-3A of
the Iowa City Zoning Code.
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
Density – The applicant is requesting a rezoning to OPD/RM-12, which allows a density of 15
dwelling units per acre of net land (total land minus street rights-of-way). The proposed
development would provide 16 additional units to the existing 60 units, for a total of 76 senior
living dwelling units. The maximum units that could be provided on the property is 153, meaning
an acceptable 7.4 dwelling units per acre is proposed.
Land Uses Proposed – The applicant is proposing 16 one bedroom multi-family residential units,
which are intended to be occupied by seniors.
To the north of the property is land recently acquired by the Iowa City Community School
District (formally owned by ACT). The land to the south is currently undeveloped and recently
dedicated to the City for the expansion of Hickory Hill Park. Further south off of N 1st Avenue a
new senior living facility is currently under construction. Staff determined that the proposed
development would be compatible with the existing land uses in the surrounding area.
Mass, Scale, and General Layout – The proposed development is located on the western
property line off the existing drive. Parking for the proposed development will be provided off the
existing drive. Much of the existing parking is within the multi-family buildings, except for a
parking area on the northern end of the property. Although the maximum height requirement in
an RM-12 zone is 35’, and the existing buildings do not exceed that, the scale of the proposed
development will appear shorter in height due to there being an approximate 13’ difference in
elevation from the development site and the existing buildings. Additionally, the new building will
be setback a minimum of 40’ from Scott Blvd. The proposed development shows all multi-family
dimension requirements of the RM-12 zone being met, as well as remains consistent in mass,
scale, and general layout with existing development.
Open Space – The current development contains an interior courtyard with amenities such as a
dog park, walkways, and outdoor deck space, providing 63,600 square feet of open space and
satisfying the minimum 1,300 square foot requirement.
4
Traffic Circulation – No traffic circulation or access changes are proposed for the new
development. The property will remain to be accessed from Scott Blvd. via a private interior
drive. The proposed development would include additional parking spaces along the existing
drive for building access.
2. The development will not overburden existing streets or utilties.
The proposed development will be serviced by existing City water, storm sewer, and sanitary
sewer already provided to this site for existing development. Due to the private, low volume
nature of the subject property, development is not anticipated to overburden Scott Blvd., internal
private circulation, or utilties.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would conventional development.
Most of the land around the proposed development remains undeveloped. The closet neighbor
is the Iowa City Community School District who recently purchased the building to the north.
Due to the lack of development within the surrounding area, natural buffer of woodlands, and
proposed development generally at a lower elevation than existing development, staff finds that
the proposed development will not impact neighboring properties any more than a conventional
development.
4. The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with the purpose of this Title, and with other building
regulations of the City.
The proposed development would remain consistent with the existing senior living development
on the subject property and the future senior living development south of Scott Blvd. The
applicant is not requesting any variations from zoning standards to be reviewed as part of the
OPD rezoning.
Rezoning Review Criteria:
Staff uses the following two criteria in the review of rezonings:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Compliance with Comprehensive Plan: The Northeast District Plan map shows the area north
of Scott Boulevard, including this property, as being appropriate for Office Research Park
development and Public/Private Open Space. This designation was put in place in 1999 to
acknowledge ACT’s headquarters in the area, and to encourage development compatible with the
ACT office campus. The text of the Plan notes that the amount of land designated for office
development may be unrealistic and that alternative uses including residential should be
considered for this area. The text of the Plan also encourages a diversity of housing. Townhouse
and small apartment buildings are proposed at the edges of neighborhoods, where slightly higher
density housing can take advantage of being located near major arterial streets, such as First
Avenue and Scott Boulevard.
The Plan notes that where density increases, the design of both the streetscape and structures
should receive careful review to ensure compatibility in terms of appearance and scale. The
Comprehensive Plan guidelines should be used to address issues, such as orientation of structures
and parking to the street, building mass and articulation, the location of garages and driveways and
the use of landscape buffers (Northeast District Plan – page 17).
5
Staff finds the proposed development in this location conforms to the policies of the
Comprehensive Plan, including the Northeast District Plan. The development will further integrate
housing diversity, remain of a similar appearance to existing development on the subject property,
while also appearing smaller in scale due to site topography. The proposed development will also
remain separated from neighboring residential and property owners through woodlands that act
as a natural buffer from the denser multi-family use.
Compatibility with Existing Neighborhood Character:
Staff has determined that the proposal is compatible with the neighborhood in terms of land use.
The area to the north contains the Iowa City Community School District and to the east is ACT
Campus. The ravine and woodland provides a significant buffer between the proposed residential
buildings and ACT. The property to the south was recently dedicated to the City for the expansion
of Hickory Hill Park. Further south a senior living facility is currently under construction. The
properties to the west and east both contain wooded ravines with protected slopes. The proposed
building will be of similar character to the existing buildings on the subject property.
Environmentally Sensitive Areas: The subject property contains regulated slopes and
woodlands. Although additional impacts to sensitive areas are proposed, they will not be
impacted beyond a Level 1 Sensitive Areas Review, which requires administrative approval.
Table 1 below outlines the sensitive areas and total combined impacts of the 2017 project and
the current proposal.
Table 1: Summary of Regulated Sensitive Features
Sensitive Area
Total Site Impacts
Area (SF) Impacts (2017 &
Current Project)
Percent Impacted
Protected Slopes: 34,190 8,250 24.1
Critical 84,525 7,330 8.7
Steep 43,524 12,007 27.6
Woodlands 225,601 133,733 59.2
As part of the 2017 development a protected slope buffer reduction of 8,250 square feet was
requested to accommodate the installation of stormwater management infrastructure. No
additional impacts to protected slope buffers is anticipated as part of the proposed development.
The proposed development will further impact woodlands and critical slopes. In total, the
development will impact 8.7% of critical slope, which is below the allowable 35% threshold that
would otherwise require Level II Sensitive Areas review by the Planning and Zoning
Commission and City Council. Lastly, the woodlands impacted is below the 80% allowable
impact threshold in an RM-12 zone at 59.2%. Approximately 100,695 square feet of trees will be
impacted due to existing and proposed development, including an additional 33,038 square feet
of woodland buffers. Since trees within this buffer area may be prone to damage during
construction, they may not be included when calculating the required retention area.
Neighborhood Open Space: According to section 14-5K of the City code, dedication of public
open space or fee in lieu of land dedication is addressed at the time of final platting for residential
subdivisions, commercial subdivisions containing residential uses, and planned developments.
The neighborhood open space requirement was satisfied through the payment of a fee in lieu of
dedicating 18,731 square feet of open space during the subdivision approval. Proposed
development will not require any further land dedication.
Storm Water Management: Additional storm water management is being incorporated due to the
additional impervious area and the detention will be located to the southwest of the proposed
building. Public Works has reviewed and approved the Preliminary OPD and SADP.
6
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 REZ23-0003, an application for a rezoning of approximately 10.26
acres of land from Low Density Multi-Family Zone with a Planned Development Overlay
(OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development Overlay
Plan and Sensitive Areas Development Plan.
ATTACHMENTS:
1. Location Map
2. Rezoning Exhibit
3. Preliminary OPD & SADP
4. Good Neighbor Meeting Summary
5. Applicant Statement
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ACTPlN Dubuque Rd
ACT D r
Hickory
H
e igh ts
L
n
N 1stAve
N Scott Blvd
An application submitted by Christian Retirement Services Inc.
for approval of a rezoning of approximately 10.26 acres of property located at 2640 N Scott Blvd. from Low Density Multi-Family Residential (OPD/RM-12) to (OPD/RM-12). The applicant is proposing to construct an additional building to
the existing Oaknoll East Campus, adding 16 resident units.
µREZ23-0003
Oaknoll East
Prepared By: Emani Brinkman
Date Prepared: March 2023
0 0.06 0.110.03 Miles
Attachment 1
0 75 150
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 22, 2023 - 1:48pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Plats\220189 - Rezoning Exhibit.dwg PROJECT NO.:DESIGN PROFESSIONAL:1 OF 1 OPNREZONING EXHIBITOAKNOLL EASTIOWA CITY, IOWA, 52245EXHIBIT22-0189 STREITZ
ZONING INFORMATION:
CURRENT ZONING: LOW DENSITY MULTI-FAMILY RESIDENTIAL (OPD/RM-12)
PROPOSED ZONING: PLANNED DEVELOPMENT OVERLAY (OPD/RM-12)
REZONING EXHIBIT
OAKNOLL EAST
IOWA CITY, IOWA
PROJECT LOCATION MAP:
(NOT TO SCALE)
PROJECT
LOCATION
LEGAL DESCRIPTION:
APPLICANT INFORMATION:
PREPARED BY:
AXIOM CONSULTANTS, LLC
C/O BRIAN BOELK
60 E. COURT STREET, UNIT 3
IOWA CITY, IOWA 52240
319-519-6220
BBOELK@AXIOM-CON.COM
AMENDED AUDITOR'S PARCEL 1002403060. AS RECORDED IN PLAT BOOK 52 PAGE 144.
DESCRIBED AREA CONTAINS 10.26 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD.
APPLICANT/OWNER:
CHRISTIAN RETIREMENT SERVICES, INC
C/O STEVE ROE
1 OAKNOLL COURT
IOWA CITY, IA 52246-5250
319-466-3006
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Attachment 2
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Sheets\220189 - Cover Sheet.dwg PROJECT NO.:DESIGN PROFESSIONAL:C0.00 OPN ARCHITECTSCOVER SHEETOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189 STREITZ
SCOPE OF WORK:
NEW RESIDENTIAL BUILDING WITH ASSOCIATED
PAVING AND UTILITIES.
CONTACT PERSON:
JEFF STREITZ
AXIOM CONSULTANTS, LLC
60 E COURT STREET, UNIT 3
IOWA CITY, IOWA 52240-3833
PHONE: 319-519-6220
JSTREITZ@AXIOM-CON.COM
PRELIMINARY PLANNED DEVELOPMENT OVERLAY
AND SENSITIVE AREAS DEVELOPMENT PLAN
CITY OF IOWA CITY, IOWA
UTILITY CONTACTS
PROJECT INFORMATIONAPPLICANT INFORMATION
OWNER/DEVELOPER:
CHRISTIAN RETIREMENT SERVICES, INC
C/O STEVE ROE
1 OAKNOLL COURT
IOWA CITY, IA 52246-5250
319-466-3006
DEVELOPER'S ATTORNEY:
SEAN WANDRO
MEARDON, SUEPPEL, & DOWNER
MIDAMERICAN - GAS
NAME: CARSON HEMPHILL
PHONE: 319-341-4461
EMAIL: crhemphill@midamerican.com
ACT, INC.
NAME: BRAD SPILLMAN
PHONE: 319-330-8402
EMAIL: brad.spillman@act.org
LUMEN
NAME: SADIE HULL
PHONE: 918-547-0147
EMAIL: sadie.hull@lumen.com
CITY OF IOWA CITY WATER
NAME: IOWA CITY WATER
PHONE: 319-356-5160
EMAIL: water@iowa-city.org
CITY OF IOWA CITY WASTEWATER
NAME: Jesse Eister
PHONE: 319-631-1144
EMAIL: jeister@iowa-city.org
IMON COMMUNICATIONS, LLC
NAME: JEFF KLOCKO
PHONE: 515-830-0445
EMAIL: jeff.klocko@aureon.com
MIDAMERICAN - ELECTRIC
NAME: LINDSAY HOUSTON
PHONE: 319-341-4419
EMAIL: lindsay.houston@midamerican.com
MEDIACOM IOWA CITY
NAME: CARL NORTON
PHONE: 319-594-6201
EMAIL: cnorton@mediacomcc.com
METRONET
NAME: KORIE NELLIS
PHONE: 319-594-6201
EMAIL: korie.nellis@metronetinc.com
UNIVERSITY OF IOWA
NAME: CHRIS HATLAND
PHONE:
EMAIL: chris.hatland@uiowa.edu
CENTURYLINK
NAME: TECH ON DUTY
PHONE: 877-366-8344
EMAIL: Nationalrelo@Centurylink.com
WINDSTREAM COMMUNICATIONS
NAME: LOCATE DESK
PHONE: 800-289-1901
EMAIL: LOCATE.DESK@WINDSTREAM.COM
LIBERTY COMMUNICATIONS
NAME: JON KENNEY EXT. 237
PHONE: 319-627-2145
EMAIL: liberty@corp.lcom.net
LEGAL DESCRIPTION
OVERALL SITE, UTILITY, GRADING & EROSION CONTROL PLANC2.00
COVER SHEETC0.00
RESERVED FOR APPROVAL
STAMP
BY:_________________________________ DATE: ____________
CITY'S ENGINEER'S
RECOMMENDATION
BY: _______________________________ DATE: ____________
CITY APPROVAL
OAKNOLL EAST
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
(RALSTON CREEK WATERSHED)
DIMENSIONAL STANDARDS
SETBACKS:
FRONT 40'
SIDE 10'
REAR 20'
HEIGHT: 35'
DEVELOPMENT SUBJECT TO THE MULTI-FAMILY SITE
DEVELOPMENT STANDARDS (14-2B-6). COMPLIANCE
WITH STANDARDS WILL BE REVIEWED AS PART OF THE
MAJOR SITE PLAN APPLICATION.
NOTE:
THE PROPOSED IMPROVEMENTS INCLUDED IN THESE DRAWINGS HAVE BEEN DESIGNED IN ACCORDANCE WITH CITY OF XX
REQUIREMENTS AND THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS), LATEST ADDITION, UNLESS NOTED
OTHERWISE ON THE PLANS.
THE FOLLOWING DESIGN EXCEPTIONS ARE REQUIRED:
NONE
SITE INFORMATION
SHEET INDEX
AMENDED AUDITOR'S PARCEL 1002403060. AS RECORDED IN PLAT BOOK 52 PAGE 144.
DESCRIBED AREA CONTAINS 10.26 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF
RECORD.
PROJECT
LOCATION
EXISTING TOPOGRAPHICAL SURVEY & DEMOLITION PLANC1.00
PAVEMENT PLANC4.00
PRELIMINARY SENSITIVE AREAS DEVELOPMENT PLANC1.10
12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSEXISTING ZONING
PLANNED DEVELOPMENT OVERLAY (OPD)
BASE ZONE; RM-12
PROPOSED ZONING
PLANNED DEVELOPMENT OVERLAY (OPD)
BASE ZONE; RM-12
EXISTING BUILDING 1 (2640 N SCOTT BLVD):
ELDER APARTMENT INDEPENDENT LIVING
DWELLING UNITS: 19
(3 ONE BEDROOM; 16 TWO BEDROOM)
TOTAL SQ FT: 50,320
RESIDENTIAL SQ FT: 37,009 (INCLUDES CIRCULATION)
PARKING FLOOR SQ FT: 13,311
PARKING SPACES: 34 (INCLUDES 2 ADA)
EXISTING BUILDING 2 (2650 N SCOTT BLVD):
ELDER APARTMENT INDEPENDENT LIVING
DWELLING UNITS: 19
(3 ONE BEDROOM; 16 TWO BEDROOM)
TOTAL SQ FT: 50,320
RESIDENTIAL SQ FT: 37,009 (INCLUDES CIRCULATION)
PARKING FLOOR SQ FT: 13,311
PARKING SPACES: 34 (INCLUDES 2 ADA)
EXISTING BUILDING 3 (2660 N SCOTT BLVD):
ELDER APARTMENT INDEPENDENT LIVING
DWELLING UNITS: 22 (22 TWO BEDROOM)
TOTAL SQ FEET: 67,072
RESIDENTIAL SQ FT: 49,229 (INCLUDES CIRCULATION)
PARKING FLOOR SQ FT: 17,843
PARKING SPACES: 41 (INCLUDES 2 ADA)
PROPOSED BUILDING 4 (ADDRESS TO BE DETERMINED)
ELDER APARTMENT INDEPENDENT LIVING
DWELLING UNITS: 16 (16 ONE BEDROOM)
PROPOSED PARKING SPACES: 15 (INCLUDES 2 ADA)
TOTAL DWELLING UNITS TOTAL BEDS
EXISTING 60 EXISTING 114
PROPOSED 16 PROPOSED 16
TOTAL 76 130
PARKING REQUIREMENTS
ELDER APARTMENTS INDEPENDENT LIVING: ONE SPACE PER UNIT
TOTAL REQUIRED SPACES 76
TOTAL PROVIDED SPACES 124
5% BICYCLE PARKING 7 SPACES (LOCATION TBD)
LANDSCAPE PLANL1.00
DENSITY
TOTAL LAND AREA 447,052 SF
PRIVATE AND CITY STREET ROW -
NET LAND AREA 447,052 SF
= 10.26 ACRE
MAXIMUM DENSITY = 15 UNITS / ACRE 153 UNITS
TOTAL DWELLING UNITS 76 UNITS
OPEN SPACE
EXISTING BEDROOMS 114
PROPOSED BEDROOMS 16
TOTAL NUMBER BEDROOMS 130
MIN OPEN SPACE = 10 SF / BEDROOM = 1,300 SF
EXISTING OPEN SPACE 63,600 SF
PROPOSED TOTAL OPEN SPACE 63,600 SF
LOT COVERAGE
EXISTING BUILDING AREA 48,215 SF
TOTAL SITE AREA 447,052 SF
EXISTING LOT COVERAGE 11.7%
PROPOSED NEW BUILDING 9,610 SF
EXISTING BUILDING 48,215 SF
TOTAL BUILDING AREA 57,825 SF
TOTAL SITE AREA 447,052 SF
TOTAL LOT COVERAGE 12.9%
Attachment 3
0 10 20
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Sheets\220189 - Demo Plan.dwg PROJECT NO.:DESIGN PROFESSIONAL:C1.00 OPN ARCHITECTSTOPOGRAPHICAL SURVEY& DEMOLITION PLANOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189STREITZSCOT
T
B
L
V
D
40' F
R
O
N
T
S
E
T
B
A
C
K10' SIDE SETBACKDEMOLITION NOTES:
PAVING REMOVAL AREA. FULL DEPTH SAWCUTS ALONG
ALL AREAS WHERE ADJACENT PAVEMENT REMAINS.
REMOVE PORTION OF UTILITY LINE SHOWN AND ASSOCIATED
APPURTANCES. COORDINATE WITH PRIVATE UTILITY COMPANIES AS
REQUIRED.
EXISTING UTILITY/LIGHT POLE TO REMAIN.
REMOVE UTILITY/LIGHT POLE.
REMOVE TREE/SHRUB. TREES TO BE RELOCATED IF POSSIBLE
REMOVE SIGN.
A
B
C
D
E
F
E
E
E E
E
E
E
E
F
C
D
A
A
A
A
B
B
B 12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSE
E
LEGEND:
UTILITIES
COMMUNICATIONS
OVERHEAD LINE
ELECTRIC
FIBER OPTIC
GAS
SANITARY SEWER
STORM
WATER: DOMESTIC
SUBDRAIN
EXISTING PROPOSED
COMM. HANDHOLE
COMM. PEDESTAL
GUY WIRE ANCHOR
UTILITY POLE
UTILITY POLE WITH LIGHT
ELECTRIC TRANSFORMER
LIGHT POLE
FIBER OPTIC HANDHOLE
GAS VALVE
STORM MANHOLE
STORM INTAKE
HYDRANT
SANITARY MANHOLE
SANITARY CLEANOUT
WATER VALVE
CURB STOP
SITE
FENCE: BARB WIRE
FENCE: CHAIN LINK
FENCE: CONSTRUCTION
FENCE: WIRE
FENCE: WOOD
CONTOUR - INTERMEDIATE
CONTOUR - INDEX
WELL
TREE: DECIDUOUS
TREE: CONIFEROUS
SIGN
SHRUBBERY
STREAM CENTERLINE
FENCE: VINYL
FO
E
C
C
CO
W
SEE LANDSCAPE PLAN
100
CO
OH
E
FO
G
SS
ST
SD
W
EXISTING PROPOSED
100
SEE LANDSCAPE PLAN
SEE LANDSCAPE PLAN
EXISTING
BUILDING 3
EXISTING
BUILDING 1
A
0 20 40
PRELIMINARY SENSITIVE AREAS
DEVELOPMENT PLAN
OAKNOLL EAST
IOWA CITY, IOWA
PROJECT LOCATION MAP:
(NOT TO SCALE)
PROJECT
LOCATION
LEGEND:
PROTECTED SLOPE (> 40%)
CRITICAL SLOPE (25-40%)
IMPACTED CRITICAL SLOPE
(25-40%)
WOODLAND PRESERVATION
IMPACTED WOODLAND
STEEP SLOPE (18-25%)
SENSITIVE AREAS AREA BUFFER
IMPACTED STEEP SLOPE
(18-25%)N SCOTT BLV
D
SENSITIVE AREA CURRENT PROJECT 2017 PROJECT COMBINED
1.PROTECTED SLOPES AREA (SF)PERCENT AREA (SF)PERCENT AREA (SF)PERCENT
PROTECTED SLOPES TOTAL 28,012 100%34,190 100%34,190 100%
IMPACTED PROTECTED SLOPES 0 0%0 0% 0 0%
IMPACTED PROTECTED SLOPES BUFFER 0 8,250 24.1%8,250 24.1%
2.CRITICAL SLOPES AREA (SF)PERCENT AREA (SF)PERCENT AREA (SF)PERCENT
CRITICAL SLOPES TOTAL 68,757 100%84,525 100%84,525 100%
IMPACTED CRITICAL SLOPES 5,205 7.6%2,125 2.5%7,330 8.7%
3.STEEP SLOPES AREA (SF)PERCENT AREA (SF)PERCENT AREA PERCENT
STEEP SLOPES TOTAL 30,402 100%43,524 100%43,524 100%
IMPACTED STEEP SLOPES 4,410 14.5%7,597 17.5%12,007 27.6
3.WOODLAND AREA (SF)PERCENT AREA (SF)PERCENT AREA (SF)PERCENT
WOODLAND TOTAL 191,490 100%225,601 100%225,601 100%
WOODLAND BUFFER N/A 33,038 33,038
IMPACTED WOODLAND 15,700 8.2%84,995 37.7%100,695 44.6%
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Plats\220189 - SADP.dwg PROJECT NO.:DESIGN PROFESSIONAL:C1.10 OPN ARCHITECTSPRELIMINARY SENSITIVE AREASDEVELOPMENT PLANOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189STREITZ12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSPROPOSED
PROJECT
LIMITS
PROPOSED CONSTRUCTION LIMITS
2017 CONSTRUCTION LIMITS
2017 CONSTRUCTION
AND ACCESS LIMITS
PROPOSED
CONSTRUCTION 2017 CONSTRUCTION
AND ACCESS LIMITS
SENSITIVE AREAS TABULATION:
EXISTING
BUILDING 3
EXISTING
BUILDING 2
EXISTING
BUILDING 1
50'
WOODLAND
BUFFER
50'
WOODLAND
BUFFER
NOTES:
1.CURRENT PROJECT TABULATIONS ARE BASED ON 2022 SURVEY AND GIS DATA.
2.COMBINED PROJECT TABULATIONS ARE BASED ON 2017 TOTALS PLUS THE
PROPOSED DISTURBANCE TO SENSITIVE AREAS.
3.WOODLAND BUFFERS WERE NOT CALCULATED AS PART OF THE 2017
SENSITIVE AREAS CALCULATIONS. THEY ARE PRESENTED HERE TO RECTIFY THE
ACTUAL IMPACT TO WOODLANDS OF THE OVERALL SITE.
4.THE PROPOSED CONSTRUCTION LIMITS ARE NOT WITHIN 50' OF EXISTING
WOODLANDS OTHER THAN NEAR THE SW CORNER OF THE SITE.
5.NO WOODLAND BUFFER IS SHOWN AT THE SW CORNER OF THE SITE BECAUSE
WOODLAND BUFFERS DO NOT EXTEND ACROSS PROPERTY LINES.
1 2
3,4,5
WWWS FMS FMS FMS FMS FMS FMS FMS FMS FM
S FM
S FM
S FM
S FM
S FM
ST ST
STSTSTFDCSD
SD
SD
SD 780777778779781770775780771772773774776777778779781R-103.0 R-102.0PR-103.0
R-101.0PR-102.0R-100.0PR-101.07
6
5
7
6
4
766
767
7
6
8
7
6
9
7
6
5
770
775
76
6
7
6
7
7
6
8
7
6
9
771
772
773
774
776
777
STORM SEWER STRUCTURES
STRUCTURE
ID
100.0
101.0
102.0
103.0
TYPE
EX INTAKE
SW-401
SW-401
SW-401
RIM / FG
777.42
768.89
769.13
769.88
INFLOW
PIPE IE
15" IE: 766.63 NE
15" IE: 766.95 N
15" IE: 767.19 W
OUTFLOW
PIPE IE
15" IE: 766.53 SE
15" IE: 766.85 SW
15" IE: 767.09 S
15" IE: 767.45 E
STORM SEWER PIPE TABLE
PIPE ID
101.0
102.0
103.0
STRUCTURE
US
101.0
102.0
103.0
STRUCTURE
DS
100.0
101.0
102.0
INVERT
US
766.85
767.09
767.45
INVERT
DS
766.63
766.95
767.19
LENGTH
(FEET)
56
35
64
SLOPE
0.40%
0.40%
0.40%
SIZE
(IN)
15
15
15
MATERIAL
PVC
PVC
PVC
0 15 30
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Sheets\220189 - Site Plan.dwg PROJECT NO.:DESIGN PROFESSIONAL:C2.00 OPN ARCHITECTSOVERALL SITE, UTILITY, GRADING& EROSION CONTROL PLANOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189STREITZA
SITE & UTILITY KEYNOTES
TOTAL NUMBER OF PROPOSED PARKING STALLS.
PROPOSED PCC STANDARD PAVEMENT.
SEE DETAIL 1/C4.00.
PROPOSED PCC SIDEWALK. SEE 2/C4.00.
PROPOSED ADA STALL. SEE C4.00.
FIRE HYDRANT AND VALVE.
PROPOSED STORM WATER DETENTION.
PROPOSED 100 LF 6" PVC FIRE SERVICE WITH 2" TYPE K COPPER DOMESTIC
SERVICE PER IC FIGURE 5010.106. LIVE TAP 6" OFF OF EXISTING MAIN
WITH TAPPING SLEEVE AND VALVE. 2" TO BE CONNECTED WITH TAPPING
SADDLE AND CORP. STOPBOX TO BE REQUIRED ON 2" VALVE. SIZE AND
QUANTITY OF METERING TO BE PROVIDED WITH CONSTRUCTION
DOCUMENTS.
CONNECT DETENTION BASIN SUBDRAIN TO EXISTING STORM INTAKE ON
SCOTT BLVD. OFF SITE EASEMENT TO BE ACQUIRED
SANITARY SERVICE
FDC LOCATION
MAIN ENTRANCE. A MINOR MODIFICATION HAS BEEN REQUESTED
REGARDING THE ORIENTATION OF THE MAIN ENTRANCE TO THE
PROPOSED BUILDING. THE MAIN ENTRANCE IS SHOWN ORIENTED TO
THE PRIVATE DRIVE.
#
B
C
D
E
F
G
G 12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSSTORMWATER POLLUTION PREVENTION:
SITE AREA: THE SITE IS APPROXIMATELY 10.26 ACRES OF WHICH 0.83 ACRES
WILL BE DISTURBED BY CONSTRUCTION ACTIVITIES.
RECEIVING WATERS: THE DEVELOPMENT SITE WILL DRAIN A TRIBUTARY OF
RALSTON CREEK.
SWPPP PLAN KEYNOTES
INSTALL STABILIZED CONSTRUCTION ENTRANCE, SEE SUDAS DETAIL 9040.120.
PROVIDE SANITATION FACILITY (PORTABLE RESTROOM.)
PROVIDE CONCRETE WASHOUT.
PROVIDE ENCLOSURE FOR STORAGE OF DOCUMENTS (PERMITS, SWPPP,
INSPECTION FORMS, ETC.)
PROVIDE INLET PROTECTION PRIOR TO GRADING ACTIVITIES. MAINTAIN
THROUGHOUT CONSTRUCTION. REMOVE UPON FINAL STABALIZATION.
INSTALL PERIMETER MEASURES PRIOR TO STARTING CONSTRUCTION, SEE SUDAS
DETAIL 9040.119.
NOTES
1.CONTRACTOR TO PROVIDE STOCKPILE TEMPORARY EXCAVATION SPOILS ON SITE AND
PROVIDE PERIMETER MEASURES ON DOWN-SLOPE SIDE OF PILE TO CONTAIN
RUNOFF AND PREVENT SEDIMENT TRANSPORTATION.
2.FINAL RESTORATION OF ALL NON-PAVED DISTURBED AREAS TO BE SEEDED AND
MULCHED WITH TYPE 1 LAWN MIXTURE UNLESS SHOWN OTHERWISE.
3.CONTRACTOR TO PROVIDE APPROPRIATE TRAFFIC CONTROL WHEN NECESSARY.
TRAFFIC CONTROL MEASURES SHALL BE IN CONFORMANCE WITH THE MANUAL ON
UNIFORM TRAFFIC CONTROL DEVICES (MUTCD).
Q
R
P
O
N
M
SILT FENCE - INSTALL PRIOR TO
CONSTRUCTION
STABILIZED CONSTRUCTION ENTRANCE
LEGEND
QR
D
B A
A
15
E
10.26'
49.28'
F
C
C
SCOT
T
B
L
V
D10' SIDE SETBACKB
B
M
Q
Q
P
O
N
R
R
R
R
PR BUILDING
FFE = 780.00
LL FFE = 768.00
SCOT
T
B
L
V
D
40' F
R
O
N
T
S
E
T
B
A
C
K
18'
9'
24'
8'
8'
EXISTING
BUILDING 3
EXISTING
BUILDING 2
EXISTING
BUILDING 1
50.36'
10'
5'
H
H
H I
I
J
J
WWWWWS FM
S FM
S FM
S FM
S FM
S FM
S FM
S FM
S FM
S FM
S FMS FMS FMS FMS FMS FMS FMS FMS FMS FMSTSTSTS
T
S
T
S
T
STFDCSDSDSDSD 780.92 TC
780.92 TC780.42 GT
780.16 TC780.16 GT
780.42 GT
780.51 TC780.01 GT
779.58 TC779.57 GT
779.87 TC779.86 GT
779.70 TC
779.20 GT
0 10 20
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Sheets\220189 - Pavement Plan.dwg PROJECT NO.:DESIGN PROFESSIONAL:C4.00 OPN ARCHITECTSPAVEMENT PLANDEVELOPMENT PLANOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189STREITZPR BUILDING
FFE = 780.00
LL FFE = 768.00
A
PAVING PLAN KEYNOTES
SIDEWALK AT ADA STALLS TO SLOPE DOWN TO GUTTER
ELEVATION AT 12:1 SLOPE (MAX)
GENERAL NOTES
1.JOINTING PLAN TO BE SUBMITTED BY PAVING CONTRACTOR
FOR ENGINEER REVIEW PRIOR TO PLACEMENT.
2.SEE SUDAS SECTION 7010 FOR ADDITIONAL CONCRETE
PAVING REQUIREMENTS.
TW =TOP OF WALK
TC =TOP OF CURB
TP =TOP OF PAVEMENT
GT =GUTTER
3.ASSUME STANDARD 6" CURB UNLESS NOTED OTHERWISE.
7"
6"
12"
PORTLAND CEMENT CONCRETE
MODIFIED SUBBASE PER IDOT 4123
PROPERLY PREPARED SUBGRADE (SEE GRADING NOTES)
HEAVY DUTY PAVEMENT SECTION
NOT TO SCALE 1 STANDARD PAVEMENT SIDEWALK SECTION
NOT TO SCALE 2
SEE PLAN FOR
GRADES
4"
PER PLAN
4"
PORTLAND CEMENT CONCRETE
MODIFIED SUBBASE PER IDOT 4123
PROPERLY PREPARED SUBGRADE
(SEE GRADING NOTES)
PER PLAN
SEALED "E"
JOINT
CLASS A SIDEWALK - DETAIL 1
NOT TO SCALE 3
7 1
2"
4 1
2"
R 3"
R 3"
SLOPE AS
PER PLANS
1.50%
1'1'-6"
4"
A
12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSEXISTING
BUILDING 3
77.28'
35.84'
163.7'
32'
32'
58.8'
155.12'
18.76'
18'
13.12'
8.54'
FDC05-TO
05-TO05-TO
05-TO
05-TO
03-VD
03-VD
03-VD
03-VD
03-SR
02-TO
04-VD
05-TO
04-VD
05-TO
04-VD
05-TO
04-VD
05-TO
04-VD
02-TO
11-KF
09-KF
02-CA
03-CA
03-CA
05-CA
01-SR
01-SR
01-SR
01-SR
0 15 30
SHEET NUMBER:SHEET NAME:DRAWING LOGENGINEER:REVDATEDESCRIPTION OF CHANGESPROJECT NAME:CLIENT NAME:WWW.AXIOM-CON.COM | (319) 519-6220 Mar 30, 2023 - 5:04pm S:\PROJECTS\2022\220189 - OPN - Oaknoll East\05 Design\Civil-Survey\Sheets\220189 - Landscape Plan.dwg PROJECT NO.:DESIGN PROFESSIONAL:L1.00 OPN ARCHITECTSLANDSCAPE PLANOAKNOLL EAST2660 NORTH SCOTT BOULEVARDIOWA CITY, IOWA, 52240NOT FOR CONSTRUCTION22-0189 STREITZ12302-22-202302-27-202303-22-202303-30-2023CITY SUBMITTALCITY RESUBMITTALRESPONSE TO CITY COMMENTSRESPONSE TO CITY COMMENTSSCOT
T
B
L
V
D
PR BUILDING
FFE = 780.00
LL FFE = 768.00
SCOT
T
B
L
V
D
LANDSCAPE LEGEND:
PROPOSED
PROPOSED DECIDUOUS UNDERSTORY
DECIDUOUS SHRUB
EVERGREEN SHRUB
ORNAMENTAL GRASS
EXISTING TREE
EXISTING IMPACTED TREE
EXISTING IMPACTED WOODS
EXISTING
BUILDING 3
EXISTING
BUILDING 2
EXISTING
BUILDING 1
NOTES:
PARKING SPACES TO BE SCREENED TO AT LEAST S2-STANDARD (14-5F-6B)
INDICATED EXISTING IMPACTED TREES TO BE REPLACED AND/OR RELOCATED
TREE REQUIREMENTS
TREES MUST BE PLANTED ON SITE AT A MINIMUM RATIO OF AT LEAST ONE TREE FOR
EVERY FIVE HUNDRED FIFTY (550) SQUARE FEET OF TOTAL BUILDING COVERAGE OF
THE LOT. THE CALCULATION BELOW IS BASED ON THE PROPOSED BUILDING AREA.
PROPOSED BUILDING COVERAGE (NEW CONSTRUCTION) 9,610 SF
REQUIRED NEW TREES = 9610 / 500 20 TREES
PROPOSED NEW TREES 21 TREES
Summary Report for
Good Neighbor Meeting
Project Name: ___________________________Project Location: _________________________
Meeting Date and Time: ________________________________________________________
Meeting Location: _____________________________________________________________
Names of Applicant Representatives attending: ______________________________________
______________________________________
Names of City Staff Representatives attending: _______________________________________
Number of Neighbors Attending: ________ Sign-In Attached? Yes ______ No ______
General Comments received regarding project (attach additional sheets if necessary)-
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Concerns expressed regarding project (attach additional sheets if necessary) -
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Will there be any changes made to the proposal based on this input? If so, describe:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Staff Representative Comments
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Oaknoll East 2640 N Scott Boulevard
March 23, 2023 @ 6:00 p.m.
Oaknoll East
Axiom Consultants - Brian Boelk, Jeff Streitz
Oaknoll - Steve Roe, Steve Cuppy
Parker Walsh
1 X
The neighbor attending currently lives in Oaknoll East. He had questions related
to his view from his existing unit once this is built. He also noted interest in the new
building due to units type and services provided as he and his wife continue to age.
As a whole, he thought this looked like a nice project and asked how quickly it
would be completed.
No real concerns expressed.
No changes needed.
Attachment 4
CIVIL STRUCTURAL MECHANICAL ELECTRICAL SURVEY SPECIALTY
60 East Court Street #3, Iowa City, IA 52240 | 319.519.6220 www.axiom-con.com
1901 16th Ave. SW #3, Cedar Rapids, IA 52404 | 319.519.6220
February 23, 2023
APPLICANT’S STATEMENT FOR REZONING
The proposed development area consists of a Parcel #1002403060, located near the northwest corner of N Scott Boulevard
and N 1st Avenue in Iowa City. Refer to the Rezoning Exhibit included with the Rezoning Application for additional information
and detail. The current zoning classification is OPD/RM-12 and the Applicant is seeking to rezone property to that same
OPD/RM-12.
The applicant is proposing to construct an additional building to the existing Oaknoll East Campus, adding 16 resident units
due to desire, need, and requests. This building will also include a lounge area, kitchen, and pedestrian tunnel connection
to the existing building directly east. The existing Oaknoll East Campus was previously approved for 60 units, in which this
request would increase by those 16 resident units. The overall infrastructure and traffic flow is to remain the same, as this
proposed building will be located at the southwest corner of the campus and access directly off the existing drive aisle.
Based on field survey and topographic data, it is projected that this development will have some minor additional impact to
critical and steep slopes as defined by the City of Iowa City Sensitive Areas Ordinance, but no protected slopes are identified
or intended to be disturbed. Careful consideration has been made regarding the placement of this proposed building
addition with multiple locations evaluated. We feel that this location has the least number of impacts to sensitive areas while
also provides the most efficient and least disruptive in terms of construction.
There is city water, storm sewer, and sanitary sewer already provided to this site. Existing easements are in place within
the parcel as previously platted and identified. Additional storm water management has been anticipated to be incorporated
into the development for this additional impervious area, and to be located to the southwest of the proposed building based
on City of Iowa Design Standards. Further evaluation will take place of the existing stormwater management facilities and
calculations to deem if this is necessary.
Discussion has taken place with City staff and pre-application process has been completed. A Good Neighbor Meeting is
in the scheduling process and intended to be completed prior to the Planning and Zoning Committee meeting. The total
area of amended rezoning is considered to be the total site of 10.26 acres.
Sincerely,
Brian A. Boelk, PE
PRINCIPAL/OWNER
Attachment 5
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 5, 2023 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT:Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Mark
Signs, Billie Townsend, Chad Wade
MEMBERS ABSENT:
STAFF PRESENT:Sara Hektoen, Kirk Lehmann, Anne Russett, Parker Walsh
OTHERS PRESENT:Mike Welch, Jon Marner, Brian Boelk, Jack Topp, Steve Roe
RECOMMENDATIONS TO COUNCIL:
By a vote of 7-0 the Commission recommends approval of SUB22-0019, an application
submitted by Western Home Independent Living Services, Inc. for a Preliminary Plat for Western
Home GPD of Iowa City, a 31.65-acre subdivision containing 3 lots and 1 outlot intended for a
senior living community with 35 single-family homes, 8 duplex units, 38 multi-family units, 20
townhome-style units, 1 assisted living facility with approximately 32 beds, and neighborhood
commercial uses located East of Camp Cardinal Road and north of Gathering Place Lane.
By a vote of 7-0 the Commission recommends approval of SUB23-0002, an application
submitted by IWV Holdings, LLC. for a preliminary plat of the Melrose Commercial subdivision,
an 8-lot, 62.22-acre commercial subdivision located at the southwest corner of Slothower Road
and Melrose Avenue/IWV Road SW.
By a vote of 6-0 (Elliott recused) the Commission recommends approval of REZ23- 0003, an
application for a rezoning of approximately 10.26 acres of land from Low Density Multi-Family
Zone with a Planned Development Overlay OPD/RM-12) to OPD/RM-12 in order to amend the
approved Planned Development Overlay Plan and Sensitive Areas Development Plan.
By a vote of 6-1 (Padron dissenting) the Commission recommends approval of the bylaw
amendments as presented in the agenda packet.
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. SUB22-0019:
Location: Eastof CampCardinal Road and north ofGathering Place Lane
An application for a preliminary plat for Western Home GPD of Iowa City, a 31.65-acre
subdivision containing three lots and one outlet to accommodate 35 single-family units, 8 duplex
units, 38 multi-family units, 20 townhome-style units, 1 assisted living building, and neighborhood
commercial uses.
Planning and Zoning Commission
April 5, 2023
Page 2 of 17
Lehmann began the staff report with an ariel map noting it's one of the large undeveloped areas
east of 218 that's remaining on the west side of the river. He reminded the Commission that this
area came before them as a rezoning recently and this is now the preliminary plat aspect of that.
Per the preliminary plat, there are single family homes in the north and east, some multifamily
uses and a church to the south, and then some undeveloped land to the west that was recently
subdivided into the Cardinal Heights subdivision. In terms of zoning, Lehmann noted there was
an error in the zoning map in the agenda packet as there's been some recent rezonings that
weren't reflected in that map so he shared an updated rezoning exhibit with the Commission.
Lehmann stated the north and south areas are zoned RS-5/OPD, which is low density
singlefamily residential with a planned development overlay. The south also has some low
density multifamily residential, in addition to the single family residential. To the east is some
rural residential (RR1) and to the west it's predominantly low density multi residential (RM-12)
and a lot of the areas have a planned development overlay (OPD) because there's significant
sensitive features within the area.
Lehmann stated the purpose of this preliminary plat is to allow a senior housing project which
would have a mix of housing types, as well as a mix of uses, including some commercial uses.
The rezoning came before this Commission and was approved on February 7, where it was
rezoned to medium density single family residential with the planned development overlay. As
part of that rezoning it had two conditions, one is that the owner must contribute to 50% of the
upgrading of Camp Cardinal Road between Gathering Place Lane and the extension of Deer
Creek Road, and that does include the cost of the traffic circle that would be part of that. The
second condition is that there is on street parking and that they would have to maintain that as
well.
With the rezoning, because of the sensitive features, there was a preliminary planned
development overlay plan and a sensitive areas development plan that were approved as part of
that rezoning. Lehmann did also note that the applicant does own most of the subject property,
but there is a small portion that is still owned by St. Andrew Presbyterian Church so staff does
anticipate a future boundary line adjustment that would allow the acquisition of that piece of
property. A boundary line adjustment is an administrative process, but then that would be
incorporated into the final plat and it platted through that methodology.
In terms of the actual layout of the preliminary plat, it is 31.65 acres and would have three lots
and one outlot for that senior living use. It has a range of different housing types including some
single-family units, duplex units, some larger multifamily units and townhome style multifamily
units, and then an assisted living facility. In addition there are some small scale neighborhood
commercial uses and Lehmann pointed on the plat the three lots where those would all be
located and explained it's not platting off individual lots, the land would be commonly owned, as
a condo or under a single ownership. The outlot and the portion expected to be added into this
project with the boundary line adjustment is the small roundabout terminus at Gathering Place
Lane to the east. In addition, as far as road networks, there are extensions of Deer Creek Road
and Camp Cardinal Road that are incorporated as part of this as well as the improvement of
Camp Cardinal Road discussed in the rezoning condition. There are also two cul-de-sacs and
one loop street included in the plat.
Planning and Zoning Commission
April 5, 2023
Page 3 of 17
With regards to consistency with the Comprehensive Plan, Lehmann explained there is no
district plan for this area, which is the Northwest Planning District, but the Comprehensive Plan
shows it as eight dwelling units an acre residential and it is approximately 3.7 dwelling units per
acre as proposed. The proposal also meets a number of different goals in the Comprehensive
Plan that are enumerated in the staff report and includes things like a diversity of housing types,
adding connections to existing neighborhoods to the extent possible, including street
connectivity, it is an infill lot so it's a contiguous neighborhood and tries to be a pedestrian
oriented development with sidewalks and some neighborhood commercial destinations. The
plan also preserves sensitive features through its sensitive areas development plan.
In terms of the design of the subdivision, it very closely follows what was in the OPD plan that
was approved previously with more intense uses to the south and west, and less intensity to the
north and east, which is similar to the surrounding uses. In terms of access, the primary access
would be from Camp Cardinal Boulevard via Camp Cardinal Road, and it would be a single point
of access at the beginning but they’re expecting secondary access as Deer Creek Road is
extended over to Camp Cardinal Boulevard again in the future. That secondary access would
occur as part of the Cardinal Heights subdivision that was recently approved.
Lehmann next discussed that the plat includes some on-street diagonal parking, which is a bit
unusual because the City isn't really geared to handle that kind of maintenance. A condition of
the rezoning was that the developers would need to maintain those diagonal on-street spaces.
Also with the Gathering Place Lane extension, it does terminate at the St. Andrew property with a
temporary turnaround but it does allow for future connectivity should the east portion of the St
Andrew property to the south develop.
Lehmann next reviewed the sensitive areas development plan that was approved at the time of
the rezoning. It was required due to wetlands, woodlands, a stream corridor and regulated
slopes and it was a level two sensitive areas review which is why it came before this
Commission. Lehmann showed an image of the woodlands, stream corridors, wetland buffers
and regulated slopes and he pointed out the construction limits and noted the preliminary plat
does include elements of the sensitive areas development plan, including those construction
limits, in addition to the conservation easement.
Regarding neighborhood open space, the City requires a dedication of open space or fee in lieu
of land dedication at the time of preliminary platting for residential subdivisions and it's based on
the needs generated by the proposed residential developments. Western Home has requested a
fee in lieu of public open space in this case and that amount is equivalent to 1.08 acres of
dedication, which based on a recent appraisal is approximately $140,000, so that is the
anticipated fee that would be dealt with at the time of final platting.
With regards to stormwater management, Lehmann explained there are two new stormwater
basins that are proposed, one is in the southwest corner of the plat near the intersection of Camp
Cardinal Road and Gathering Place Lane. The other is in the arc of Gathering Place Lane to the
south and both would connect into existing basins on the St Andrew's site. Public Works has
reviewed and approved those preliminary stormwater plans but those would be finalized at the
time of final platting with other construction documentation. With regards to the water distribution
system, the property can be serviced by water but because there is a relatively large cul-de-sac
until there's future connectivity along Gathering Place Lane the City is requiring that be looped in
Planning and Zoning Commission
April 5, 2023
Page 4 of 17
order to provide redundancy from water supply and some other benefits like ensuring water
pressure and things of that nature. The plat does show a private water easement that runs along
the south edge of this property and also runs partially in St. Andrew’s property, but Public Works
has reviewed those and believe that those look like adequate locations. Staff understands that
there has been an agreement reached with St. Andrew’s to allow that to occur, but that will again
be finalized at final platting. Finally, there are some anticipated infrastructure fees as well
including water main extension fees and sanitary sewer tap on fees.
Finally, Lehmann wanted to mention staff received some correspondence, specifically from a Mr
Bentley, who wanted to make sure that developers know the area is important to native wildlife
and vegetation and also encourages scaling back where possible to conserve habitat or
increased building density to minimize disruption to land during construction.
Staff recommends approval of SUB22-0019, an application submitted by Western Home
Independent Living Services, Inc. for a Preliminary Plat for Western Home GPD of Iowa City, a
31.65-acre subdivision containing 3 lots and 1 outlot intended for a senior living community with
35 single-family homes, 8 duplex units, 38 multi-family units, 20 townhome-style units, 1 assisted
living facility with approximately 32 beds, and neighborhood commercial uses located East of
Camp Cardinal Road and north of Gathering Place Lane.
Next steps would be upon recommendation from the Planning and Zoning Commission, this item
will be considered by Council at an April meeting and following that would be final plat approval
by Council. Staff will review the final sensitive areas development plan, site plan review, and the
building permit review.
{Commissioner Wade joined the meeting during the staff report}
Padron asked would the development be responsible for maintaining the stormwater
management system. Lehmann confirmed they would also be required to maintain that
stormwater basin.
Hensch opened the public hearing.
Mike Welch (Welch design and development) is here on behalf of Western Home Independent
Living Services. He noted regarding preserving areas and habitat when they did the concept
plan and rezoning they noted the area at the south side of Gathering Place Lane between the
back of the single family homes and the stormwater detention basin is pretty steep with a 30-35
foot change in elevation. They are working with a local ecological consultant and looking at doing
native plantings and some things to protect those slopes and also avoid having just a big area of
lawn that needs to be maintained. In addition to preserving and protecting those wetlands as far
as if restoration and managing that that fails, there's usually multiple owners but this is an
opportunity to address that differently since there is just one owner.
Hensch asked if the property has been acquired in the southeast corner. Welsh stated there's a
purchase agreement in place and they are just waiting on the boundary adjustment.
Hensch asked if currently there are any zoning ordinances regarding wildlife habitat or
restoration in a wildlife reserve. Russett replied the sensitive areas ordinance acts as a proxy for
Planning and Zoning Commission
April 5, 2023
Page 5 of 17
that type of thing.
Hensch closed the public hearing.
Elliott moves to approve SUB22-0019, an application submitted by Western Home
Independent Living Services, Inc. for a Preliminary Plat for Western Home GPD of Iowa
City, a 31.65-acre subdivision containing 3 lots and 1 outlot intended for a senior living
community with 35 single-family homes, 8 duplex units, 38 multi-family units, 20
townhome-style units, 1 assisted living facility with approximately 32 beds, and
neighborhood commercial uses located East of Camp Cardinal Road and north of
Gathering Place Lane.
Townsend seconded the motion.
Townsend asked about the final plat for Cardinal Heights subdivision and when that was
approved and if it would be done soon or can this development still need to move forward with
developing that infrastructure and moving forward with developing their project. Russett is unsure
what the timeline is for the Cardinal Heights subdivision.
A vote was taken and the motion passed 7-0.
CASE NO. SUB23-0002:
Location: Southwest corner of Slothower Road and Melrose Avenue/lWV Road SW
An application for a preliminary plat for Melrose Commercial Park, a 62.22-acre commercial
subdivision containing eight lots.
Russett began the staff report with an aerial of the project site that’s located at the southwest
corner of Melrose Avenue and Slothower Road. To the east is the Johnson County Poor Farm
and to the south and to the north is mostly in unincorporated Johnson County. The zoning map
shows the subject property is zoned intensive commercial, and the lane to the east is zoned
public.
In terms of background, in 2021 there was a Comprehensive Plan Amendment that came before
the Commission as well as an annexation and rezoning to intensive commercial that was
approved by City Council. Russett did note there were several conditions associated with that
rezoning, one was the creation of a vegetative buffer easement at the southern end of the
property, dedication of right-of-way along Slothower Road, and the owner would need to
contribute to the upgrading of Slothower Road and actually build a portion of it as well. Another
condition was that the Slothower Road and IWV Road be screened and landscaped to the S3
screening standard. There were also requirements on the location of loading areas and outdoor
storage and those would need to be behind buildings. After that annexation and rezoning the
owner did go through the subdivision process and it was platted to include two commercial lots.
Since that time the City has received another application as the owner would like to add some
additional lots and public streets to the site as well. This is why this Commission is looking at this
again because it's a resubdivision.
Planning and Zoning Commission
April 5, 2023
Page 6 of 17
Russett showed a map of the preliminary plat, it is 62 acres with eight commercial lots. There's a
north/south street called Platinum Lane and an east/west street called Gold Avenue that
connects with Slothower Road. Slothower Road will need to be improved to that access point on
Gold Avenue. Russett stated some of the conditions from the rezoning have already been met
with the previous subdivision. The vegetative buffer easement area and the dedication of the
Slothower Road right-of-way were met with the previous subdivision plat. She also noted
Platinum Lane does end in a cul-de-sac due to the sensitive features to the south, the wetlands
and stream corridor as well as the vegetative buffer easement.
In terms of consistency with the Comprehensive Plan, an amendment to the Comprehensive
Plan was adopted for this development showing this area as appropriate for intensive
commercial uses as well as that open space vegetative buffer easement. Therefore, the
subdivision is consistent with the Comprehensive Plan.
Regarding the environmentally sensitive areas Russett stated a sensitive areas development
plan has been approved, and the preliminary plat shows a conservation easement in those areas
to protect those sensitive features. In terms of stormwater, the stormwater management is
provided by two separate basins on the west and southeast of the property. Public Works has
approved these preliminary stormwater management plans.
The role of the Commission tonight is to determine if the plan is consistent with the City’s
subdivision regulations and Comprehensive Plan.
Staff recommends approval of SUB23-0002, an application submitted by IWV Holdings, LLC. for
a preliminary plat of the Melrose Commercial Park subdivision, a 8-lot, 62.22-acre commercial
subdivision located at the southwest corner of Slothower Road and Melrose Avenue/IWV Road
SW.
Next steps, upon recommendation from the Planning and Zoning Commission, the preliminary
plat will be considered for approval by the City Council.
Craig asked Russett to speak about what is allowable in intensive commercial zones. Russett
replied it is one of the more permissive commercial zones and allows things like general office
uses, medical offices, retail sales, and also allows some more intense uses like general
manufacturing and outdoor storage. She did note some of those uses do require provisional
approval with specific standards that need to be met and some of those uses require a special
exception which needs to go to the Board of Adjustment.
Craig noted remembering some neighbors had concerns within the subdivision because they
were pretty certain they knew what was going to go in there and this makes it sounds like that's
not what would be going in here because they are doing the second division.
Hensch asked if most of those intensive uses require Board of Adjustment approval. Russett is
not sure, it would depend on the specific use.
Wade noted the original plat approval was before his time on the Commission but wasn't there a
good neighbor meeting held and as part of that the buffer area was introduced. Russett stated
the buffer area actually came from comments from the public at a Commission hearing, the
Planning and Zoning Commission
April 5, 2023
Page 7 of 17
project actually changed through the input at the public hearing process.
Hensch opened the public hearing.
Jon Marner (MMS Consultants) is representing the developer and wanted to address a couple of
the comments from the Commission members and to highlight a few items. First of all, as
mentioned this is a redevelopment of a subdivision which was previously approved. As Melrose
Avenue has been completed there has been some generic interest in the area, and the interest is
for smaller lots as opposed to the to larger lots that were that were proposed and approved on
that previous final plat. So now there are three smaller lots out on Melrose Avenue and some
larger lots on the south side between Gold Avenue and the vegetative buffer. Regarding the
vegetative buffer on the previous plat, when the previous Commission meetings were held that
was one of the items that was highlighted as a concern, also expressed was one of the zoning
items to provide some additional screening on the southern property line. That vegetative buffer
was put in place to ensure that there was ample distance and separation from any potential
future development and the residential properties to the south. They added the vegetative buffer
to make sure that would remain and then there's additional landscaping that will also be
provided. The detention basins are provided in that area as well so that's going to restrict any
potential future development in that area.
Hensch asked about the paved surface that will be on Slothower Road south of Melrose, to Gold
Avenue, what's that distance to that from Melrose. Marner believes it's 350 feet from centerline
to centerline.
Hensch asked if they will be acquiring the right-of-way south of that and to the end of area on
Slothower Road or will that come back in the future. Marner stated that was part of the previous
final plat and was approved, the additional right-of-way on along Slothower Road on this property
was platted at that time, this would acknowledge the 17 additional feet that was required on this
property being considered for future construction of Slothower Road.
Hensch closed the public hearing.
Craig moved to approve SUB23-0002, an application submitted by IWV Holdings, LLC. for
a preliminary plat of the Melrose Commercial Park subdivision, an 8-lot, 62.22-acre
commercial subdivision located at the southwest corner of Slothower Road and Melrose
Avenue/IWV Road SW.
Wade seconded the motion.
Craig stated as in the previous one this is just another step in something that they spent a lot of
time on for and it will be interesting to see what happens.
A vote was taken and the motion passed 7-0.
CASE NO. REZ23-0003:
Location: N. Scott Blvd west of N. 1st Avenue
An application for a rezoning of approximately 10.26 acres of land from Low Density Multi Family
Zone with a Planned Development Overlay (OPD/RM-12) to OPD/RM-12 in order to amend the
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April 5, 2023
Page 8 of 17
approved Planned Development Overlay Plan and Sensitive Areas Development Plan.
Elliott recused herself from the discussion due to a potential conflict as she is on the Oaknoll
Foundation Board.
Walsh began the staff report showing a map of the area and the zoning map. The area is zoned
as OPD/RM-12 and will remain as OPD/RM-12. The property was rezoned in May 2017 to
OPD/RS-5 for lot one of the Larson Subdivision and OPD/RM-12 for lot two, which is the subject
property of this application. The preliminary plat, final plat, preliminary OPD and SADP were also
approved in 2017 for 60 units. Oaknoll East campus currently contains three multifamily
buildings and 60 senior living units. The current zoning, OPD/RM-12, is generally used to provide
high-density single-family housing and low-density multifamily housing. The proposed zoning will
remain the same and is intended to amend a previously approved OPD and SADP due to the
proposed multifamily development and further impacts on sensitive areas. Looking at the
preliminary OPD and SADP Walsh pointed out the existing structures. There are three
multifamily buildings providing 60 senior living units, as well as garage parking and surface
parking to the north. The proposal is on the west side of the property and is 16 one-bedroom
units and an additional 15 parking spaces just off the existing drive with an underground tunnel
connection from the proposal to one of the existing buildings.
Walsh next reviewed the planned development approval criteria. First, maximum density in RM-
12 zone is 15 dwelling units an acre, which would provide up to 153 units and what is being
shown in total would be 76 senior living units, which comes out to be 7.4 dwelling units an acre.
The land uses proposed include 16 one-bedroom assisted living units similar to the existing units
already on the subject property. The open space requirement was satisfied during the previous
rezoning in the form of a courtyard that offers amenities such as a dog park, walkways and
outdoor deck space. No traffic circulation is expected to change as access will remain fully off on
North Scott Boulevard and there'll be no changes to the existing drive other than the addition of
15 parking spaces. The proposed development will be on the western property line with parking
proposed just west of the existing drive and all will be set back 40 feet from the arterial street.
Walsh showed images of the proposed development noting it will be constructed at a lower
elevation than the existing development. The property will be serviced by a city water, storm
sewer and sanitary sewer. Traffic is not anticipated to overburden Scott Boulevard, the existing
internal private circulation or city utilities. The surrounding area as shown is mostly undeveloped
with ravines and woodlands acting as a natural buffer form this to the property to the north. For
all these reasons staff determined that the development would not adversely affect the existing
views, property values or privacy.
Walsh stated the proposed development is consistent with the existing living senior living
development as well as the future senior living development that is proposed south of Scott
Boulevard and the applicant is not requesting any variations from the zoning code standards.
Walsh showed images of the existing buildings on the property and the location where the new
building will be. He stated it'll generally comply with the same building types and characteristics
shown on the current buildings.
Regarding compliance with the Comprehensive Plan and North District plan, both identify the
property as Office Research Park development and Public/Private Open Space. This designation
was put in place in 1999 to acknowledge ACT headquarters but the District Plan does further
Planning and Zoning Commission
April 5, 2023
Page 9 of 17
acknowledge alternative uses such as residential should be considered. Both Plans encourage
housing diversity and higher density off arterial streets.
Looking at compatibility with the neighborhood character, to the north is the Iowa City
Community School District as well as ACT campus. There are also approximately 38 acres that
have been dedicated to the City for an extension of Hickory Hill Park and further south there is
the site of the new senior living facility that has begun construction. Therefore, the proposed
development will be similar in character to the existing buildings as well as the future senior living
development south of Scott Boulevard.
Regarding the sensitive areas staff looked at this as total impacts and that includes the 2017
project as well as the proposed project. In total 8.7% of critical slopes are proposed to be
impacted, which is well below the 35% threshold which would otherwise require a level two
sensitive areas review. At the time of the 2017 project, a protected slope buffer was impacted by
8,250 square feet, that was requested to accommodate the installation of stormwater
management infrastructure. Woodlands will be impacted at 59% and that does include the
woodland buffers which are not anticipated to be impacted but can't be counted as preserved. At
59% that still is below the 80% threshold that would require a level two review.
Walsh next discussed neighborhood open space. According to section 14-5k of the City code,
public open space would be required via dedication or fee in lieu, and this was satisfied through
the payment of a fee in lieu with the previous development.
Staff did receive seven pieces of correspondence, two of which express concerns with traffic and
sensitive areas, while the other five were in favor of the general Oaknoll lifestyle as well as the
assisted living units that future residents or even existing residents could move into.
Staff recommends approval of REZ23-0003, an application for a rezoning of approximately 10.26
acres of land from Low Density Multi-Family Zone with a Planned Development Overlay
(OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development Overlay
Plan and Sensitive Areas Development Plan.
Next steps, following the Commission's recommendation is City Council’s consideration which is
anticipated to start in April, and site plan, a final OPD and SADP, as well as building permits will
be approved by staff review.
Wade asked staff to explain what the transition of zoning exactly their requesting with this
application. Walsh explained the zoning will remain the same but since there was a previously
approved OPD and SADP, the land is tied to what was approved then. So this proposal of
another multifamily building, as well as further impacts to sensitive areas, is considered a
substantial change, which is requiring a rezoning.
Craig noted on the plan, it might just be her perception, but the building looks very close to the lot
line, does the building meet the setback standards on the property line. Walsh confirmed that
the setback is 10 feet and the building will be more than 10 feet setback from the property line.
Craig also noted it will be set so far down from the building that's it’s connected to and will be a
lot closer to the street than any of the other residences. Walsh explained that was required
Planning and Zoning Commission
April 5, 2023
Page 10 of 17
because in the northwestern portion there are existing protected slopes so the building couldn't
get too far north without impacting protected slopes.
Wade stated from the images it appears from the valley, essentially two and a half stories are
exposed above ground level. Walsh noted from the image it looks like about two stories but the
applicant may have more specific details.
Wade asked generically what the difference between sensitive slopes and protected slopes are.
Walsh explained protected slopes are a slope of 40% or greater incline and critical slopes are up
to 25%-39% incline.
Hensch opened the public hearing.
Brian Boelk (Axiom Consultants) noted they did look at multiple different options of layouts where
this building may fall and it actually started in that northwest corner and they just could not make
it work in terms of those protected slopes and sensitive areas. Therefore, the southwest corner
really worked out much better in terms of any impacts to sensitive areas as well as impacts to
residents and constructability. This access versus going through the other buildings is a lot more
accessible at that southwest corner as well. This building is adding a much needed 16 units.
Signs asked what's the elevation base going to look like on the west and south into that building,
it appears they will have at least one full level below the grade. It also slopes from the north to
the south so he is trying to figure out how that impacts what portion will show because it seems
as if there was going to be a lot of foundation showing on the south end. Boelk stated the
architect might speak to that but on the question earlier about elevations from that west side and
from the valley it would be two and a half stories in elevations and as part of that is an exposed
lower level, it is two levels of units in terms of above ground grade but there will be some partial
exposure.
Jack Topp (OPN Architects) stated there are two wings of the building, the north wing and the
south wing, each would be two stories only, partially all at grade. The first level, the lowest level,
and the middle knuckle piece where it turns will be three levels and that's the only portion that
would be two and a half stories above grade, otherwise it's much lower. The architecture is
trying to blend in with existing architecture with a type of wood housing siding on it and a flat roof
type of structure is what's anticipated.
Steve Roe (Executive Director, Oaknoll) stated this would be the completion of this campus. As
they explored alternatives to try to fit in another 16 units, they looked at the area at the north end
of the property to the north end of the courtyard between the two structures that exist currently.
There's a dog park and he doesn’t want to move the dog park so that really isn't a viable option.
It's been mentioned already but the northwest corner has sensitive areas that really aren't an
option so the southwest corner was the only part that they could conceivably build this structure.
On the east side of the property there's a pretty significant wooded ravine and any future building
would not be possible due to sensitive areas and slopes there. Similarly, on the west side
Oaknoll’s property edge is just outside the western edge of that proposed new building but will
need to be vacant due to the topography there, so he doesn’t think that any property owner to
the west would be able to build anything either.
Planning and Zoning Commission
April 5, 2023
Page 11 of 17
Townsend asked if there was any underground parking in the new building. Roe replied the only
parking or the additional parking for these new buildings will be street level parking just off of the
primary drive that already exists. Townsend wanted to note that she was in their building and the
parking for more mature patrons was awful close and she would hate to have to park in there.
Wade asked if this is an independent or assisted living facility. Roe replied the structures that
exist currently are all independent living apartments and that has worked but it would be nice to
be able to offer assisted living services to the residents so that's why this building is being
proposed and it would assisted living.
Hensch asked with the proposed tunnel will the single roadway and access be disturbed, it isn’t
clear how they will build a tunnel without closing the road and it's kind of problematic since it’s
the only roadway in and out. Boelk stated the design team has been in talks and working with the
general contractor on what that might look like, they’ve actually talked about keeping access
through there and essentially building half at a time, whether it be even at a temporary, offsetting
road to get through there, but it's certainly been a topic of discussion. They believe they will
keep the roadway open and are looking at phasing and sticking that tunnel through there
accordingly to do so.
Wade noted presumably if they’re going to close the roadway, is that a public roadway. Boelk
replied no and the fire department will need to review the plans.
Hensch closed the public hearing.
Signs moved to approve REZ23- 0003, an application for a rezoning of approximately
10.26 acres of land from Low Density Multi-Family Zone with a Planned Development
Overlay OPD/RM-12) to OPD/RM-12 in order to amend the approved Planned Development
Overlay Plan and Sensitive Areas Development Plan.
Townsend seconded the motion.
Signs was out there at the site and doesn’t know how that building is going to squeeze in there, it
seems that the slopes start within 15-20 feet of existing buildings and they pretty significant so he
is surprised that there aren’t any protected slopes in that area. He thinks it's going to be
interesting to see what it looks like from Scott Boulevard because the topography slopes in two
directions in that corner. He appreciates the challenges of the rest of the site but his concern is it
seems like a big building and a very small space.
Hensch asked if in that particular area for the footprint and building all are just critical slopes or
less. Parker confirmed they are critical or steep slopes.
Townsend noted the roundabout has made traffic a lot easier going through there so she is
happy that was put in before they started this additional building.
Craig has the same concerns she expressed earlier about the location of the building with
respect to the lot line, she is going to support it but reluctantly for those reasons and wishes to
say this whole development isn’t that old and it's regrettable that more thought wasn’t given to
the possibility of doing this in the future and a better solution established at that point in time.
Planning and Zoning Commission
April 5, 2023
Page 12 of 17
A vote was taken and the motion passed 6-0 (Elliott recused).
BY-LAW AMENDMENT REGARDING PUBLIC PARTICIPATION:
Continued from 2/15/23
Russett noted that in February the Commission discussed and provided some feedback on an
initial draft of the bylaws. What staff heard during that meeting is the Commissioners wanted to
allow testimony up to five minutes instead of three minutes, only giving people one opportunity to
speak per agenda item and allowing official organizations to consolidate their speaking time up
to eight minutes. Additionally, there was a couple of things the Commission asked staff to
remove, one was the section related to attendance at Council meetings and then the annual
reports. Staff also wanted to make sure that it was clear that all meetings should be in locations
that are accessible, and then incorporating some language on virtual participation.
Russett and Hektoen have worked on making some changes to address the feedback. They
believe they've addressed all of the feedback they heard from the last meeting and a draft of the
changes were in the agenda packet.
Elliott stated she appreciated the Chair thinking ahead and making these changes.
Craig noted in Article Nine, the article about public participation, it says in Section One “persons
other than commissioners shall be permitted to address the Commission only on specific agenda
items”. So does that agenda item include the first thing on every agenda which is public
comment of anything not on the agenda. She reads that as they have an agenda inviting people
to give comments to the commission, and then in the bylaws they say specific agenda items.
Padron asked then are they removing the first item in the agenda at every meeting and not allow
comments about anything that is not on the agenda. Hektoen replied that is not the intention,
during that agenda item anyone from the public can get up and talk about anything. But after
that agenda item, any discussion on other agenda items must be germane to that particular
agenda item.
Craig also asked about the work sessions, she has been on the Commission for years and never
been to a work session. Hensch stated they haven’t had one in quite a while, they were set up
just for the Commission to discuss an item but there's no public comment or participation, they
can be present but cannot participate. Craig stated then where it talks about a special meeting
maybe adding including work sessions. Hensch stated he believes the work sessions were used
more when staff needed to educate the Commission on particular items. Hektoen said they can
add in information about work sessions as another item under meetings. Russett noted the work
session is mentioned in the public participation section, Section Five talks about special
meetings. Hektoen stated that can be interpreted as a work session or it could be some other
meeting called outside of the regular scheduled meeting.
Townsend added under Article Five Section Two it states a special meeting is called by the
chairperson. Hektoen stated it also says it may be called by the chairperson and shall be called
by the chairperson or vice chairperson at the request of three or more members.
Planning and Zoning Commission
April 5, 2023
Page 13 of 17
Craig noted under Article Seven, Hearings, Comprehensive Plan, do they need to list the District
Plans as well, it's not just the Comprehensive Plan they look at several different plans. Russett
explained those are all components of the Comprehensive Plan so they do not need to list them.
Hektoen stated the code itself describes that structure.
Craig had another question under Article Nine, Section Five, Rules and Conduct, and everyone
having the right to speak without being chilled from doing so. Hensch said he felt they are trying
to say when they have a roomful of people that are vocally supportive or opposed to something
and there's one or two people that are in opposition, those people may feel intimidated from
speaking and not being able to exercise their rights because everybody else is talking. Hektoen
stated its language from the Council rules and the term “chilling effect” is used frequently.
Padron wanted to say that these kinds of rules sometimes serve to oppress the people that have
already been oppressed and the way that usually works is these rules are only enforced when
the oppressed show up and they don't enforce them when the privileged people show up. She
referenced to what happened in Tennessee a few days ago and the students were complaining
and yelling to have the representatives listen to them to change the law or the rules and they
ended up removing the three representatives that supported the kids. Padron stated the solution
sometimes is not to include more rules but to help the people and have a more fair city for
everyone, and ensure that everyone has fair access and location and to housing, and everyone
understands that they are welcome to come here and speak. Sometimes they are on a
commission for three or five years and then leave the commission with more rules for the next
people. When she was the chair of the Housing Development Commission she remembers
thinking she hopes the next chair understands all the rules, she had been doing it for a long time
so she had a clear understanding of some of the things that they had been accomplishing for a
few years. Padron noted she is just very sensitive about oppressing people, they may come from
a country that has a very difficult history with rules and people and she just wants everyone to
feel welcome. She said this is just one day a month and they can take the time to listen to
everyone, she has never felt in danger here, she loves this city, and when people come in here it
is because they have a reason, they don't just come in here. She wanted to state she is going to
vote in opposition of this but does understand that everyone on the Commission has really good
intentions and she does appreciate all the work.
Hensch thanked Padron for her comments, and he stated what drives for these rules is having
seen multiple, multiple times in the last several years where a dominant group overtakes a
meeting and doesn't allow anybody to voice in opposition to their viewpoint. His support of this is
to make sure that everybody gets input and that nobody gets chilled because he’s seen that
multiple times. He believes everybody wants to do good, that's why they're here, they’re not
getting paid one penny to be here, and they want people to be heard. But, with rights come
responsible behavior so he does have problems that come up here if people name call and then
make accusations, that's not okay and it detracts from the point they're trying to make. So, what
they're doing, as part of this, is helping people be more effective with their messaging, so that the
Commission can hear what the real point is, rather than a personal attack. He has been doing
this for eight years and has never seen a single example where they haven’t bent over
backwards to allow people to have their say, they’ve been here until 11 o'clock at night to listen
to people, frankly, say the same thing over and over again. Again, Hensch acknowledged what
Padron was saying and respects where she is coming from, he just sees the other side of the
coin and people using public intimidation to chill other people’s voices.
Planning and Zoning Commission
April 5, 2023
Page 14 of 17
Townsend noted a few times since she’s been on the Commission there has been that problem,
it wasn't those that were oppressed, it was those that didn't want those people in their
neighborhoods. She remembers a time when the Chair, very nicely, had to put them in their
place that this was not the way it was. Again, this goes back to Forest View when they had many
people coming in, hoping for that project that never happened.
Hensch was glad Townsend brought up that example as that experience really hit them hard in
seeing all the people use all kinds of terms to address the real issue of they just didn’t want
“those people” to be in their neighborhood. Hensch acknowledged that one of the things he
really appreciates about Commissioner Signs is he is very good at pointing out if they cared
about their sight lines then they should have also purchased that property.
Hensch also stated frankly, anybody can use any rule to oppress other people and it’s the job of
all the Commissioners to make sure equal application to everybody and the rules are the same
for everybody, no exceptions.
Finally, Hensch wanted to acknowledge the part about enforcement and that there's nothing in
there about having people arrested, they purposely did not want that, this is about maintaining
order in the meeting so business can be conducted, and everybody will get an equal opportunity.
Townsend moved to approve the bylaw amendments a presented in the agenda packet.
Wade seconded the motion.
Wade just wanted to say he likes the expectations that they’re applying everything fair and
equally.
Signs noted he respects Commissioner Padron’s perspective and thinks it is valid but doesn’t
feel like what's here is overly aggressive and does trust the Commission and staff to do the best
they can keep it equitable and fair.
Hensch reiterated the advantage of rules is that they prevent discrimination, because if they don't
have rules then one person gets six minutes, but another only gets two minutes.
Craig agrees but acknowledges that Commissioner Padron’s point about discrimination often
happens in the way the rules are applied, that someone who's up there can intimidate by who
they are but she acknowledged Chairperson Hensch does not let them, she can just see how it
could happen. Chairperson Hensch does a very good job and she personally appreciates that it
is according to the bylaws, they could rightfully put a limit and say public input is only for an hour,
but they have never done that, they let everyone talk, the way it is applied is as important as the
rule and there are a lot of rules out there that don't get applied equally but she thinks this group
does a good job of it, and it's a good thing.
A vote was taken and the motion passed 6-1 (Padron dissenting).
CONSIDERATION OF MEETING MINUTES: MARCH 1, 2023:
Elliott moved to approve the meeting minutes from March 1, 2023. Townsend seconded the
Planning and Zoning Commission
April 5, 2023
Page 15 of 17
motion, a vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett stated City Council met last night and discussed the rezoning out on Mormon Trek, the
land to the west of the Dane property, and the mayor took the temperature of the Council and it
seemed like they were going to vote different than the Commission so they would like to have a
consult, possibility on April 18. Russett wanted to see if the Commission would like to have a
consult with Council and she will get them the time when she has that information.
Craig asked what the concern was. Russett replied there was no discussion.
Elliott stated they watched a little of the meeting and a lot more people that spoke than were at
the Commission meeting.
Hektoen stated the trust rallied a lot of supporters who came out to speak.
Wade noted this second instance recently where there might have been a new viewpoint from
the City Council versus staff and Commission on the project. He wondered if there is something
that can be done for alignment or to smooth out that process because like in this case, they had
a meeting on it then it sets up another meeting and while this one might not be as time sensitive,
it does extend the time the developer is able to progress and time is financial.
Russett doesn’t think anything really can be done. Council is the decider and they have the
ultimate say, and other than eliminating the consult there isn’t another way to shorten the
process.
Hensch stated from his perspective they’re all appointed to represent their personal viewpoints
when they're looking at the application, the Comprehensive Plan and the zoning code and their
job is to make sure that it all compliant and the City Council can have all kinds of different
political views that this Commission should not ever have and sometimes they will have differing
opinions. On this particular one, they've been through this before and while he is respectful of
their viewpoint, he just disagrees but is fine with the consultation and the more interaction with
Council they can have the better.
Russett will let the Commission know the date and time.
Signs apologized to the Commission for missing the last two meetings. Having said that he has
entered his resignation to the chair. and discovered in reading the packet today he didn't quite
meet the guidelines of that requirement, but the chair has agreed to accept his resignation. Signs
stated he has just found himself becoming very cynical of the process, and in particular
developers, and as he left the last several meetings feeling kind of icky and not feeling good
about the process and about his reaction to the process. As he stated in his letter to the chair
and staff, he missed two meetings and realized in the last week or so that he didn't miss being
here and was quite a change for him because he had been very passionate about this
Commission. So it is just probably time for him to go.
Planning and Zoning Commission
April 5, 2023
Page 16 of 17
Townsend noted Signs may think he’s being cynical but what he is really doing is giving them all
information from all the knowledge he has, he has been here a long time, he is in real estate so
knows the ins and outs of what is going on in this area and he will be missed on this
Commission.
Hensch seconds those sentiments and thinks Commissioner Signs perspective is very
appreciated and it's made an impact on the Commission. He encourages him to continue in
public service in some other form.
Signs appreciates all the kind words and would encourage there to be someone with a real
estate background on this Commission, maybe it is a requirement, but if not he would encourage
the Council to consider that when they look at applications.
Hench wanted to mention in the last issue of Planning Magazine there was a really nice, but
short, little article about habitat restoration and rewilding and then Mr. Joshua Bentley’s letter
today is why he asked that question if they have ordinances regarding habitat. He wanted to
bring it up because while they are in an urban area is that something they want to discuss.
Elliott noted it is a lot harder to measure habitat and to measure slopes. If they want to talk about
something that's going to delay a process and add considerable expense that will do it.
Hensch agreed but noted when they have areas that are preserved from development it seems
like they should have some criteria of how that land should be restored.
Craig noted it sort of hinges with something she brought up a couple of times about when a
housing development is built and there's woodlands involved and it just goes to the community
association to maintain that and take care of it.
Padron would also like to talk about that at some point because there is an area around where
she lives and it is practically abandoned and should there be some type of penalty or charge to
the HOA to take care of those spaces.
Hensch agrees, he has noticed in the paper they'll periodically have a HOA statement about
costs associated against the property owner for snow removal or for weeds but their not taking
care of their area and the City should have the ability if an HOA is not maintaining their area to
go in there and clean it up and charge the HOA.
Townsend asked about the infill lot on South Gilbert and Kimbell Road and if the Commission
would be seeing anything about what is going there. Russett said that would likely just be a
building permit process.
ADJOURNMENT:
Townsend moved to adjourn, Padron seconded, a vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2022-2023
7/6 8/3 9/7 10/19 11/2 11/16 12/7 12/21 1/4 1/18 2/15 3/1 4/5
CRAIG, SUSAN X X X X X X O/E X X X X X X
ELLIOTT, MAGGIE X X X X X X X X X X X X X
HENSCH, MIKE X X X X X X X X X X X X X
NOLTE, MARK O/E O/E O/E -- -- ----- ---- ---- ---- ---- ---- ---- ---- --
PADRON, MARIA X X X X X O/E X X X X X X X
SIGNS, MARK X X X X O/E O/E X X X X O/E O/E X
TOWNSEND, BILLIE X X X X X X X O/E X O/E X X X
WADE, CHAD --- --- --- ---X O/E X X X O/E X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
From:Cole, Catherine A
To:Parker Walsh
Cc:Feiss, Michael; Steve Cuppy
Subject:REZ23-0003
Date:Tuesday, April 4, 2023 8:27:52 AM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Parker
We live at 326 Oaknoll East. Our apartment is on level two of building three. We received your letter
of March 29th and would like to make the following comments for consideration in advance of the
April 5th meeting.
Specifically, we are concerned about the impact of increased traffic on N. Scott Blvd. The plan from
Christian Retirement Services, Inc. calls for 16 additional parking spaces on the Oaknoll East
property. Some ways to deal with safety concerns could include:
(1) reducing the speed limit between the roundabout and North Dodge to 25 MPH (like it is on
First Avenue between the roundabout and Rochester) and
(2) adding a protected turn lane from N. Scott into Oaknoll East.
Thank you
Cathy Cole and Mike Feiss
From:Mary Page
To:Parker Walsh
Subject:REZ23-003 rezoning application
Date:Tuesday, April 4, 2023 5:28:18 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
I am a resident of Oaknoll East and am writing regarding the meeting to be held tomorrow,
April 5.
I am very much in favor of this application being approved and the process moving forward
expeditiously. Residents here at Oaknoll East are currently and will continue to be good
neighbors to the east side of Iowa City as we age in place here on Scott Boulevard. This is a
beautiful location and the proposed addition to our campus will add to the aesthetic and
overall lifestyle here.
Thank you for your consideration of this rezoning request and these comments.
Mary Page
From:Scott McLeod
To:Parker Walsh
Subject:Rezoning Request submitted by Christian Retirement Services, Inc
Date:Wednesday, April 5, 2023 10:23:17 AM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Mr. Walsh: We received your letter dated March 29, 2023 concerning this request for
rezoning which will be considered by the Planning & Rezoning Commission this evening. We
reside at Oaknoll East, 2640 N. Scott Blvd. Iowa City, IA. and support this rezoning request.
Thank you.
Scott and Michele McLeod
From:William Matthes
To:Parker Walsh
Subject:REZ23-0003
Date:Monday, April 3, 2023 3:56:13 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Dear Mr. Walsh:
I am not in favor of this application for an additional building on the property.
This is a fragile area environmentally with the deep ravine. Given the problems of the current
building ie. poor construction, water issues and wind issues I would be concerned that the
same would occur in this project.
I would be concerned about the aesthetics of the new building with the current buildings. The
main oaknoll campus is an example of a grouping of buildings that are not appealing nor
practical. How would access to Building 3 be impacted? Would there still be parking and easy
access to the entry?
Oaknoll needs to reconsider its impact on the environment in this area. I understand the
need for additional units but I don't approve of its placement in a rather unstable
environment.
Sincerely,
alicia brown-matthes
Oaknoll resident
From:Mary McInroy
To:Parker Walsh
Subject:In favor of Oaknoll East rezoning.
Date:Wednesday, April 5, 2023 10:49:04 AM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **Hello.
I am a resident at Oaknoll East (OE) and am writing in favor of the proposed
rezoning application to build an assisted living (AL) structure on our grounds here
at Oaknoll East. The plan looks amazing to me, as it creates 16 AL units on our
land parcel without drastically altering our view of trees and greenery. It will be
wonderful to remain here at OE when I transition out of independent living, as here
is where all my friends are, not across the river.
Again, I am writing in favor of the proposal to build an AL facility at Oaknoll East,
as outlined in the plans submitted.
Sincerely,
Mary McInroy
2640 N Scott Blvd Apt 2-32
ph 319-621-2920
From:Lucille Heitman
To:Parker Walsh
Subject:Oaknoll Retirement Community Rezoning Request
Date:Tuesday, April 4, 2023 8:25:04 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear Mr. Walsh,
I am an Oaknoll East resident writing in support of Oaknoll's rezoning
request to build a fourth building on our campus. This building would
allow Oaknoll to provide assisted living services to those living on
our campus who will require these services in the future as well as
other Oaknoll residents.
The proposed plan, as explained to us by Steve Roe, Executive
Director, would not adversely impact our immediate neighbors. Since
Oaknoll has been a respected organization in the Iowa City community
for 57 years, I urge the Planning and Zoning Commission to approve
this request. Thank you.
--
Lucille Heitman
Iowa City, IA
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be
held by the City Council of Iowa City, Iowa, at
which time the Council will consider:
An ordinance rezoning approximately 10.26 acres
from Low Density Multi-Family Residential with a
Planned Development Overlay (OPD/RM-12) to
OPD/RM-12 for the purpose of amending the
approved Planned Development Overlay Plan and
Sensitive Areas Development Plan (REZ23-0003).
Said public hearing will be held at 6:00 p.m. on the
2nd of May 2023, in Emma J. Harvat Hall at City
Hall, 410 E. Washington St., in said city, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
A copy of the proposed ordinance is on file for
public examination in the office of the City Clerk,
City Hall, Iowa City, Iowa. Persons wishing to
make their views known for Council consideration
are encouraged to appear at the above-mentioned
time and place. Copies may also be made
available by telephoning the City Clerk at 319-356-
5043 or emailing kellie-fruehling@iowa-city.org
Parker Walsh, Associate Planner
Fee
Doc ID: 032090920004 Type: GEN
Kind: ORDINANCE
Recorded: 05/25/2023 at 11:46:27 AM
Fee Amt: $22.00 Paqe 1 of 4
Johnson County Iowa
Kim Painter County Recorder
BK6482 PG461-464
STATE OF IOWA )
) SS
JOHNSON COUNTY )
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'ot pity 0f
I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached
hereto is a true and correct copy of Ordinance No. 23-4900 which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 16th day of May 2023 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 2?J rd day of May 2023.
j
Kellie K. Fruehling
City Clerk
lard
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 ■ FAX (319) 356-5009
Prepared by: Parker Walsh, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ23-0002)
Ordinance No. 23-4900
Ordinance rezoning approximately 10.26 acres from Low Density Multi -
Family Residential with a Planned Development Overlay (OPD/RM-12)
to OPD/RM-12 for the purpose of amending the approved Planned
Development Overlay Plan and Sensitive Areas Development Plan
(REZ23-0003).
Whereas, the applicant, Christian Retirement Services, Inc., has requested a rezoning of
approximately 10.26 acres of property located at 2640 N. Scott Blvd. from Low Density Multi -
Family Residential with as Planned Development Overlay (OPD/RM-12) to OPD/RM-12 for the
purpose of amending the approved Planned Development Overlay Plan and Sensitive Areas
Development Plan; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for Office
Research Development Center and Public Private Open Space 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 Northeast District Plan identifies the subject property as appropriate for office
park and notes that the amount of land designated for office development may be unrealistic and
that alternative uses including residential should be considered for this area; and
Whereas, the neighborhood design principles of the Comprehensive Plan encourage
neighborhood compatible development and a diversity of housing; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
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 Low Density Multi -Family
Residential with a Planned Development Overlay (OPD/RM-12);
AMENDED AUDITOR'S PARCEL 1002403060. AS RECORDED IN PLAT BOOK 52 PAGE 144.
DESCRIBED AREA CONTAINS 10.26 ACRES AND IS SUBJECT TO EASEMENTS AND
OTHER RESTRICTIONS OF RECORD.
Section 11. 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 Ill. 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. Realer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Ordinance No. 2-3-4900
Page 2
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 16th day of May 2023.
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Approved by
City Attorn 's Office — 04/27/2023
Ordinance No. 23_ gQD_
Page 3
It was moved by
and seconded by Alter
that the Ordinance as read be adopted and upon roll call there were:
Ayes: Nays
x
x
x
X
x
x
Absent Abstain
x
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
First Consideration: 05/02/2023
/2023
Vote for passage: AYES: Alter, Dunn, Harmsen, Taylor, Teage, Thomas
Nays: None Abstain: Bergus
Second Consideration:
Vote for passage
Date published 05/25/2023
Moved by Taylor, seconded by Thomas, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for final
passage at this time.
AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None ABSENT: None ABSTAIN: Bergus
Attachments: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 (4/17 Late Handout) - Katherine Chapman
Keller.pdf
City Council correspondence (4/17 Late Handout) - Dan & Pam Tiedt.pdf
City Council correspondence (4/17 Late Handout) - David Larsen.pdf
City Council correspondence (4/17 Late Handout) - Susan Shullaw.pdf
City Council correspondence (4/17 Late Handout) - Mary (Wagner) Davis &
Nancy (Wagner) Mendoza.pdf
City Council correspondence 4/18 - Alparslan (Alp) Zora.pdf
City Council correspondence (5/02 Late Handout) - Iowa Natural Heritage
Foundation.pdf
City Council correspondence 5/16 - Dennis Mitchell.pdf
Ordinance
Item Number: 10.b.
May 16, 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). (Pass & Adopt)
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
Fte,
Doc ID: 032090930004 Type: GEN
Kind: ORDINANCE
Recorded: 05/25/2023 at 12:14:39 PM
Fee Amt: $22.00 Page 1 of 4
Johnson County Iowa
Kim Painter County Recorder
BK6482 PG465-468
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached
hereto is a true and correct copy of Ordinance No. 23-4901 which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 16th day of May 2023 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this ZJrd day of May 2023.
Kellie K. Fruehling
City Clerk
\ord
'r
410 EAST WASHINGTON STREET ■ IOWA CITY, IOWA 52240-1826 • (319) 356-5000 ■ FAX (319) 356-5009
Prepared by: Parker Walsh, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ23-0002)
Ordinance No. 23-4901
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. 23-4901
Page 2
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 S00008'54"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 000'41 "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
aInd`puhlicafi 6 in accordance with Iowa Code Chapter 380.
Pass -ed andA4roved this 16th day of May
Maycir
Attest:
City Clerk — A`+i a
effect after its final passage, approval
2023.
Approved -
City Attorney's ice
(Sara Hektoen - 03/30/2023)
Ordinance No. 23-4901
Page 3_4
It was moved by Harmsen
and seconded by __kl
that the Ordinance as read be adopted and upon roll call there were:
Ayes:
x
x
X
k
Nays: Absent
x
X
x
First Consideration:
04/18/2023
Abstain
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
Voteforpassage: AYES- Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS; None ABSENT: None
Second Consideration: 05/09.12093
Vote for passage AYES: Alter, Bergus, Dunn, Harmsen, Teague, Thomas
NAYS: Taylor ABSENT_ None
Date published Q5%?S /2023
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
Ordinance
Item Number: 11.b.
May 16, 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. (Pass and Adopt)
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. 23-4902
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. 21-4902
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. 23-4902
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
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. 23-4902
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. 23-4902
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. 23-4902
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. 23-4902
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. 23-4902
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. 93-4909
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 16th day of May 20
M r �� ,
Attest: O ' /
CityPlerk
Approved by
City Attorney' Office—04/07/2023
Ordinance No. 23-4902
Page 10
It was moved by Dunn and seconded by Alter
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
X Teague
X Thomas
First Consideration: 04/18/2023
Vote for passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None ABSENT: None
Second Consideration: 05/02/2023
Vote for passage AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague: Thomas
NAYS: None ABSENT None
Date published 05/75/2023