HomeMy WebLinkAbout2023-09-05 OrdinanceItem Number: 9.a.
CITY OF IOWA CITY
Z%--_ �=Pa COUNCIL ACTION REPORT
September 5, 2023
Ordinance conditionally rezoning approximately 1.63 acres of land located at 614, 622, and
630 Orchard Court from Low Density Single -Family Residential with a Planned Development
Overlay (OPD/RS-5) to Riverfront Crossing — Orchard (RFC -0). (REZ23-0004) (Second
Consideration)
Attachments: REZ23-0004 Staff Report Final w-attachments.pdf
Swygard-late P&Z correspondence. pdf
PZ 7.19.23 minutes-Final.pdf
Ordinance & CZA
Council correspondence - Request for expedited action from Michael Welch
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ23-0004
GENERAL INFORMATION:
Applicant/Owner:
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Prepared by: Anne Russett, Senior
Planner
Date: July 19, 2023
M&W Properties
P.O. Box 5152
Coralville, IA 52241
319-430-5991
Ryanwade1000(a)gmail.com
Michael Welch
Welch Design and Development
PO Box 679
North Liberty, IA
Rezoning of 614, 622, and 630
Orchard Court from Low Density
Single -Family Residential with a
Planned Development Overlay
(OPD/RS-5) to Riverfront Crossing -
Orchard zone (RFC -0).
Rezone the area consistent with
surrounding properties to align with
the adopted land use policy direction
of the Downtown and Riverfront
Crossings Master Plan.
North of W Benton Street and west
of Orchard Street/Court
1.63 Acres
Existing Land Use and Zoning: Residential buildings, Low Density
Single -Family Residential with a
Planned Development Overlay
2
Surrounding Land Use and Zoning:
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
(OPD/RS-5)
North: RS -8, Medium Density
Single -Family Residential
Zone
RFC -WR, Riverfront
Crossings - West Riverfront
South: RS -8, Medium Density
Single -Family Residential
Zone
RFC -O, River Front
Crossing -Orchard
Subdistrict
West: RS -8, Medium Density
Single -Family Residential
Zone
East: RFC -WR, Riverfront
Crossings - West Riverfront
Mixed Use
Riverfront Crossings Master Plan,
Orchard District
SW3
Properties within 500' of the subject
property received notification of the
Planning and Zoning Commission
public meeting. A rezoning sign was
posted on the site on July 3, 2023.
June 12, 2023
July 27, 2023
In 2016, the City Council adopted an amendment to the Downtown and Riverfront Crossings
Master Plan (Master Plan) creating the Orchard District, which included properties along
Orchard Street and Orchard Court north of Benton Street. The purpose of the District was to
encourage residential redevelopment that would serve as a transition between the higher
intensity mixed-use area along S. Riverside Drive and the lower intensity single-family
residential neighborhood to the west.
To implement the land use vision of the Orchard District adopted as part of the Master Plan, the
City Council adopted an amendment to the zoning code to create a new Orchard zoning district
(RFC -0) with associated standards into the Riverfront Crossings Form -Based Code. The zoning
standards were adopted to ensure that buildings are complementary in mass and scale to the
adjacent single-family neighborhood. This zoning code amendment also included the addition of
the Orchard District to the Regulating Plan.
3
In 2017, the property located at 627 Orchard Court was rezoned to RFC -O (REZ17-00003) to
align with the vision of the Master Plan. A new 45 -unit, 3 -story building was constructed in
conformance with the regulations of the Riverfront Crossings Form -Based Code. The project
includes five income -restricted, affordable housing units on-site.
In 2018, the area within the Orchard District to the south of the subject property was rezoned to
RFC -O (REZ18-00019) to align with the vision of the Master Plan. This included 224, 226, 330,
650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W. Benton
Street and included the following conditions:
a. Prior to issuance of a building permit, Owner shall:
i. Dedicate 15' of right-of-way along the north side of the Benton St. frontage to the
City;
ii. Dedicate a 30' wide access easement running in a north -south direction generally
along the western 30' of the vacated Orchard Court right-of-way south across the
property locally known as 330 Orchard Ct., to the southern property line of 330
Orchard Ct., in a location approved by the City Engineer;
iii. Dedicate a 30' wide public access easement over the span of the pedestrian
street;
iv. Design and obtain approval from the City Forrester of a landscaping plan for the
subject property. The landscaping plan shall include, among other plantings, street
trees in the Orchard St. right-of-way; and
v. Execute an affordable housing agreement to satisfy the affordable housing
obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the
provision of on-site owner -occupied dwelling units, on-site rental dwelling units,
and/or the payment of a fee in lieu of the remaining dwelling units not provided on-
site or as otherwise agreed to between Owner and the City.
b. Prior to issuance of a certificate of occupancy, Owner shall:
i. Construct a 6' wide sidewalk along the Benton St. frontage of the subject property
in a location approved by the City Engineer;
ii. Construct a 5' wide sidewalk along the Orchard St. frontage of the subject
property;
iii. Construct a pedestrian street as shown in the concept plan; and
iv. Install all plantings shown on and required by the approved landscaping plan.
In 2022, a developer requested to rezone the subject property to RFC -O (REZ22-0015) in order to
facilitate a specific development concept presented with the rezoning. This rezoning not only
included the subject property, but the land to the south (which was already rezoned RFC -O
(REZ18-00019)). Property addresses for this proposed rezoning included 224, 226, 330, 614,
622, 630, 650, and 652 Orchard Court; 711, 725, 727, 741, and 743 Orchard Street; and 204 W.
Benton Street. The rezoning failed at City Council by a vote of 4-3 since a supermajority was
needed due to the submittal of a valid protest petition from neighbors.
The rezoning application being considered now is for the last remaining 1.63 acres of the Orchard
District that have yet to be rezoned to RFC -O to align with land use policy direction of the
Downtown and Riverfront Crossings Master Plan. This rezoning will complete the land use vision
adopted in the Master Plan.
A good neighbor meeting was not held for this rezoning application.
ANALYSIS:
Current Zoning: The property was zoned Low Density Single -Family Residential with a Planned
Development Overlay (OPD/RS-5) in 1981 (Ordinance No. 81-3038).
M
The RS -5 zone is primarily intended for the development of single-family residential although
some other uses such as duplexes and daycares are allowed in the zone. This conventional
zoning district was created prior to the establishment of the Master Plan and is not consistent with
the current vision for the area. The Planned Development Overlay allows flexibility in the use and
design of structures and land in situations where conventional development may be
inappropriate and where modification to requirements of the underlying zone will not be contrary
to the intent and purpose of this title, inconsistent with the comprehensive plan, as amended, or
harmful to the surrounding neighborhood.
Proposed Zoning: The Riverfront Crossing - Orchard zone (RFC -0) was created to implement
the land use vision adopted with the Orchard District in the Downtown and Riverfront Crossings
Master Plan. The standards incorporated into the zone were designed to ensure that
redevelopment would result in a transition between the higher intensity development along S.
Riverside Dr. and the single-family neighborhood to the west.
The RFC -O zone restricts building height to three stories. Furthermore, unlike the other RFC
zones, the Orchard zone has no bonus height provisions and does not allow building heights to
exceed the base maximum of three stories. The RFC -O also includes standards related to
stepbacks intended to help with the perceived scale of the building. Multi -family buildings that
are two stories or greater are required to have a 10' stepback. Additionally, development must
be setback at least 30' from adjacent single-family residential intended to mitigate the visual
impact of larger buildings.
The RFC -O zone also requires the provision of affordable housing, as defined in the Zoning
Code. This requirement mandates the provision of affordable housing units in the amount of 10
or more percent of all dwelling units in the development. This requirement may also be satisfied
through a fee in lieu contribution to an affordable housing fund.
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 the
Comprehensive Plan: The Riverfront
Crossings Master Plan includes several
objectives related to the development
of the Orchard District:
1. Encourage redevelopment that
is complementary in mass and
scale to the adjacent single-
family neighborhood
2. Create a transition from larger -
scale mixed-use and
commercial building along
Riverside Drive to single family
3. Improve design quality of
development
4. Create better and more visible
street access.
Orchard District Summary
Master Plan Objectives:
Encourage redevelopment that is complementary in mass and
scale to the adjacent single family neighborhood
> Create a transition from larger -scale mixed-use and commercial
buildings along Riverside Drive to single family
Improve design quality of development
Create better and more visible street access
Development Character.
Buildings that are articulated and scaled in a manner appropriate
for transition from the larger -scale, mixed-use Coridor to the
adjacerrt single family neighborhood
Buildings fronting tree• lined streets
> Parking located away from street Frontages with minimal surface
parking lots
r Use rear ar side yard setbacks, upper floor stepbacks, and
landscaping to create transitions to single family neighborhood
Development Program.
Limited to cottage homes, rowhouses, townhouses, live -work
townhouses, and two to three-story multi -dwelling buildings with
third floor stepback.
r High level of design in exchange for increased density
5
The plan further notes that development should be restricted to building typologies, such as
cottage clusters, townhomes, live -work townhomes and multi -dwelling buildings that are
designed and scaled in a manner that is complementary to the rhythm and scale of the single-
family neighborhood located to the south and west, where the goal is to preserve the existing
housing stock.
The figure above shows an excerpt from the Riverfront Crossings Master Plan that lists the plan
objectives, desired development character for the district, and the types of development
envisioned for this area.
The proposed rezoning to RFC -0 would therefore allow redevelopment that creates a transition
from larger -scale mixed use and commercial buildings along S. Riverside Drive to single family
housing to the west of the district. Development would be required to go through the staff
Design Review Committee and comply with the Riverfront Crossings Form -Based Code, which
incorporates standards that implement the vision and objectives of the adopted policy direction
for this area. Rezoning the property to RFC -O aligns with the Master Plan and facilitates the
type of redevelopment envisioned for this area.
Compatibility with Existing
Neighborhood Character: The Orchard
form -based zoning provisions are
specifically intended to ensure
neighborhood compatibility. The form -
based provisions were deliberately and
expressly created for this area to provide a
transition between the more intensive
development allowed in the Riverfront
Crossings - West Riverfront (RFC -WR)
zone to the east and the existing Medium
Density Single -Family Residential (RS -8)
to the west. To ensure neighborhood
compatibility the zone restricts height to
three stories and requires an increased
setback of 30' from adjacent residential
uses. In addition, the Regulating Plan (see
figure at right) includes a north/south
pedestrian street that ensures more than
one building, which helps to break up the
mass and scale of any redevelopment.
This pedestrian street is already a required
feature for the land rezoned to RFC -O in
2018.
Transportation and Access: During the 2018 rezoning of adjacent property, utilizing the same
street network, the applicant submitted a traffic study to evaluate how the 2018 proposed
development might impact traffic in the area. The study examined the two intersections
immediately adjacent to the project: Benton Street and Orchard Street and Benton Street and S.
Riverside Drive. The analysis indicated that while the S. Riverside Drive and Benton Street
intersection would continue to operate at an acceptable level of service (LOS) with the
estimated increased vehicle trips, southbound vehicles queueing on Orchard Street at Benton
Street would not. The operating LOS during the AM peak hour and a PM peak hour would be E
and F, respectively.
The parcel rezoned in the 2018 rezoning was anticipated to create an additional 20-30 peak
A
hour trips during AM and PM peak hours (approximately 7:30 A.M. to 8:30 A.M. and 4:30 P.M.
to 5:30 P.M.). The proposed rezoning being considered now would likely result in substantially
more traffic generation than previously contemplated, resulting in an unacceptable LOS for the
Benton and Orchard Street intersection. Engineering and transportation planning staff find that
signalization is the best way to maintain an acceptable level -of -service and safety at the
intersection. Staff recommends as a condition of the rezoning that the owner be required to
signalize the intersection of Benton Street and Orchard Street and construct any necessary
intersection improvements, such as turn lanes.
Staff is also recommending a condition that Orchard Street north of Benton Street be
reconstructed in a manner approved by the City Engineer because it is likely that any
redevelopment will substantially impact the street. The 2018 rezoning already requires the
installation of a 6 -foot wide sidewalk along W. Benton Street and a 5 -foot sidewalk along
Orchard Court. The City has adopted a Complete Streets policy to encourage a connected
sidewalk network. In furtherance of that policy, Staff is recommending a condition that the 5 -foot
sidewalk along Orchard Court be extended north along the subject property frontage.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, the City Council will hold
a public hearing on the proposed rezoning ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres
of property located at 614, 622, and 630 Orchard Court from Low Density Single -Family
Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard
zone (RFC -0), subject to the following conditions:
Prior to site plan approval for any development on the property, Owner shall:
a. Enter into an agreement with the City providing for the construction of public
improvements, which may allow for the provision of an improvements escrow, prior
to issuance of a building permit. In all cases, however, the public improvements shall
be constructed prior to the issues of any certificate of occupancy. The public
improvements shall include, but not be limited to:
i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property
in a location approved by the City Engineer.
ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as approved
by the City Engineer.
iii. Reconstruction of Orchard Street/Court in a manner approved by the City
Engineer.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Rezoning Exhibit
Approved by:
UMM'Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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Map showing approximately 1.63 acres of #`
land west of Orchard Court submitted by
Welch Design and Development, on `.
behalf of M&W Properties, in an
application for rezoning from Low :-'ird Gt - ir. Q
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Planned Development Overlay (OPD/
RS -S) to Riverfront Crossing - Orchard'
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ZONING -� S. RIVERSIDE COURT
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ZONING:
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-- -- - -- -- - -- -
ZONING:
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W. BENTON STREET
REZONING EXHIBIT
ORCHARD COURT
IOWA CITY, IOWA
LEGAL DESCRIPTION
ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT SUBDIVISION THENCE ALONG THE EAST
LINE OF SAID LOT 4 S08000'47"W, 114.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE
138.88 FEET ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING
S18004'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 10.80 FEET ALONG SAID
WEST LINE ON A 15.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40056'35"E, 10.57 FEET);
THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY (CHORD
BEARING S37018'05"E, 73.39 FEET) TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE
S88045'11"W, 309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST LINE N00041'22"W,
254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE 318.13 FEET ALONG THE NORTH LINE OF SAID
SUBDIVISION ON A 21100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85015'08"E, 307.86 FEET)
TO THE POINT OF BEGINING.
DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD.
CURVE SEGMENT TABLE
CURVE
NUMBER
DELTA
RADIUS
ARC
LENGTH
CHORD
LENGTH
CHORD
BEARING
Cl
159009'14"
50.00'
138.88'
98.34'
S18004'47"W
C2
041015'37"
15.00'
10.80'
10.57'
S40056'35"E
C3
034008'33"
125.00'
74.49'
73.39'
S37018'05"E
C4
008024'25"
2100.00'
308.13'
307.86'N85°15'08"E
ZONING INFORMATION
CURRENT ZONING: RS -5
PROPOSED ZONING RFC -0
0 25 50 75 100
WHEN PRINTED ON 22"x34" SHEET
1" = 50'
APPLICANT INFORMATION
PROPERTY OWNER
M&W PROPERTIES, LLC
2312 DEMPSTER DRIVE
CORALVILLE, IA 52241
APPLICANT
M&W PROPERTIES, LLC
2312 DEMPSTER DRIVE
CORALVILLE, IA 52241
CIVIL ENGINEER
WELCH DESIGN AND DEVELOPMENT
MICHAEL J. WELCH, PE
PO BOX 679
NORTH LIBERTY, IA 52317
(319) 214-7501
Kirk Lehmann
From:
Paula Swygard <pswygard@gmail.com>
Sent:
Monday, July 17, 2023 9:52 AM
To:
Kirk Lehmann
Subject:
Fwd: REZ23-0004
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
In Anne's absence, please forward my message to P&Z for their July 19, 2023 meeting.
---------- Forwarded message ---------
From: Paula Swygard <pswygard@Rmail.com>
Date: Mon, Jul 17, 2023 at 9:49 AM
Subject: REZ23-0004
To: Anne Russett <ARussett@iowa-city.org>
Anne - Please forward to the Planning and Zoning Commission
Dear Members of the Planning and Zoning Commission,
REZ23-0004 will complete the rezoning of the land designated as the Orchard District in Riverfront Crossings which
seems like a simple request to finally have all the land zoned the same.
However, concerns have been expressed by members of the community regarding the interpretation of the Riverfront
Crossings Master Plan Objectives for RFC -0, most notably what is meant by "complementary in mass and scale to the
adjacent single-family neighborhood" and "transition." It is clear that those terms mean different things to different
people, and the zoning code does not clearly define these terms. Every time the Orchard District has come before P&Z
and City Council, a different set of conditions has been applied. With REZ23-0004, you are only given the opportunity to
approve the rezoning. Without a design concept plan, you are losing the ability to see how any development will meet
the zoning code and the Comprehensive Plan or to recommend any further conditions which you may feel beneficial to
development, a discussion which has taken place dating back to 2016.
For example, as recently as 2019, there were no plans to signalize Benton at Orchard. From Staff Report of May 16,
2019 for REZ18-00019 for the rezoning of property on W. Benton, Orchard Street and Orchard Court p.
14: Transportation and Access - "However, the City is not looking to signalize the intersection of Benton St. and Orchard
St. at this time. A signal at this intersection would create the shortest signal to signal block in the city." And now REZ23-
0004 will result in substantially more traffic than previously contemplated and require signalization, thus creating the
shortest signal to signal block in the city in an already heavy traffic area.
Amendments to the original Downtown and Riverfront Crossings Master Plan and to the Zoning Code, prompted by
property owner applications and recommended by P&Z, are having a substantial impact on development in the Orchard
and Riverfront West areas. In the larger area bounded by Myrtle Street, Riverside Drive, and West Benton Street, a
substantial number of units both north and south of the railroad tracks will be built due to these amendments. I
recognize that Comp Plans are not stagnant documents and I hear the pressure to build more housing in Iowa
City. While the Riverfront West development will focus on housing for students, I hope that the substantial contribution
of the Orchard District to the much-needed housing in Iowa City will provide the type, mass and scale of housing that
will be compatible with the existing residential neighborhood, actually include affordable housing and open space
instead of paying fees in lieu of (which is allowed), and actually benefit the broader Iowa City community.
I acknowledge that the property owner has every right to develop his property per the Master Plan and Zoning Code. I
recognize that however the Orchard District develops, it will be substantial. It really is unfortunate that development is
anticipated to be so substantial as to require signalization of Orchard and Benton which will have such a huge impact on
not just the neighborhood, but for all those who travel Riverside and Benton.
I appreciate the weight of the charge of P & Z in making the recommendations to Council, and the time and effort on
your part to better the City of Iowa City. I thank you so much for your service.
Thanks for your time,
Paula Swygard
MINUTES FINAL
PLANNING AND ZONING COMMISSION
J U LY 19, 2023 — 6:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Billie Townsend, Chad
Wade
MEMBERS ABSENT: Maria Padron
STAFF PRESENT: Sara Hektoen, Kirk Lehmann
OTHERS PRESENT: Ryan Wade
RECOMMENDATIONS TO COUNCIL:
By a vote of 5-0 the Commission recommends approval of REZ23-0004, a proposal to rezone
approximately 1.63 acres of property located at 614, 622, and 630 Orchard Court from Low
Density Single -Family Residential with a Planned Development Overlay (OPD/RS-5) to
Riverfront Crossing - Orchard zone (RFC -0), subject to the following conditions:
1 Prior to site plan approval for any development on the property, Owner shall:
a. Enter into an agreement with the City providing for the construction of public
improvements, which may allow for the provision of an improvements escrow, prior
to issuance of a building permit. In all cases, however, the public improvements shall
be constructed prior to the issues of any certificate of occupancy. The public
improvements shall include, but not be limited to:
i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject
property in a location approved by the City Engineer.
ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as
approved by the City Engineer.
iii. Reconstruction of Orchard Street/Court in a manner approved by the City
Engineer.
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. REZ23-0004:
Location: 614, 622, and 630 Orchard Court
An application for a rezoning of approximately 1.63 acres of land from Low Density Single Family
Residential Zone with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing -
Orchard (RFC -O) Zone.
Lehmann began the staff report showed the rezoning map of the area, tonight they are looking at
the 1.63 acres currently zoned Low Density Single Family or RS -5 with an OPD or Planned
Planning and Zoning Commission
July 19, 2023
Page 2 of 7
Development Overlay and the proposed zoning is Riverfront Crossings — Orchard zone (RFC -O).
The property currently has a couple multifamily buildings on it and uses to the northwest and
south are primarily single-family areas. To the northeast and east are larger multifamily buildings
being redeveloped under the Riverfront Crossings Code with a building to the northeast currently
under construction zoned Riverfront Crossings — West Riverfront (RFC -WR) and then to the east
is an existing multifamily building zoned RFC -O. To the south there is also RFC zoning and to
the west and north is Medium Density Single Family or RS -8.
Regarding background for this site Lehmann stated it's been an ongoing process, but it really
started in 2016 when the Downtown Riverfront Crossings Master Plan was amended to include
the Orchard Subdistrict. Then in 2017, the form -base code was updated to also include the
Orchard Subdistrict and the purpose was to encourage residential redevelopment and to serve
as a transition between higher intensity mixed use areas along South Riverside Drive and the
lower intensity single family residential neighborhoods to the west. The first building to be
rezoned to this was in 2017 at 627 Orchard Court, which is the property to the east of tonight's
subject property. Then in 2018 a portion of Orchard Court and Benton Street were rezoned to the
RFC -O and those are the properties to the south that have not been redeveloped yet. That 2018
rezoning did include a conditional zoning agreement and last year in 2022 a portion of what is
the current subject property and those properties to the south were proposed to be rezoned to
RFC -O, with the purpose of amending that conditional zoning agreement but it failed at City
Council with a vote of four in support and three against it, but it didn't have a supermajority which
was required due to a protest petition.
Lehmann next reviewed the current proposal and demonstrated how it's different from the
previous proposal. Again, the first property that was rezoned to RFC -0 was 627 Orchard
Court, and 2018 the portion to the south was rezoned with the conditional zoning agreement.
The subject property being considering today, as well as the properties to the south, were part of
the rezoning in 2022 that failed to win a supermajority so the applicant has returned for just the
north portion of that site, which is the only portion that hasn't been rezoned to RFC -O. But
tonight's application will not touch the previous conditional zoning agreement to the south.
Again, the proposed zoning is Riverfront Crossings - Orchard, which was created in the Master
Plan to implement a transition with a goal of being complimentary in mass and scale to adjacent
homes. Since it is a form -based zone it primarily regulates by scale and form and the zone would
allow cottage homes, row houses, townhouses, and apartment and multifamily buildings. It could
also allow live/work townhouses as well. Lehmann noted there is no density requirement in
Riverfront Crossings instead it regulates by the maximum height which is three stories and
regulates the number of bedrooms and it's capped at three bedrooms were no more than 20% of
units may contain those three bedrooms. There is no bonus height allowed in the zone because
it's intended to be a transition from the properties to the west to the higher density Riverfront
Crossings to the east. He noted above the second story there is a 10 -foot step back that's built
into it as well to mitigate height. In addition, there's a requirement that there's a 30 -foot setback
from adjacent single family residential zones as well.
In terms of the development approval criteria, they primarily look at consistency with the
Comprehensive Plan and compatibility with existing neighborhoods. With regard to the
Comprehensive Plan, this again is the Orchard Subdistrict in the Downtown Riverfront Crossings
Master Plan which was intended specifically to encourage redevelopment of the area primarily
because in the original staff report they noted that it creates an unpleasant environment for
Planning and Zoning Commission
July 19, 2023
Page 3 of 7
walking and biking. The duplexes that are currently along Orchard Court have auto -oriented
frontages with large garages and driveways. There are also some older single-family homes to
the south that have no street access or frontage or pedestrian access, which creates some
challenges for the site. This is why in the Master Plan objectives it is redevelopment of the site.
One of the reasons a form -based zone was used for this site was because not having the density
cap would encourage the redevelopment of the existing properties that are on this site but the
form -based standards that are incorporated as part of that include height limit and things like
that, to try and create the transition. In terms of height limits, the proposal is three stories and the
property to the west can have three stories as well, but they're currently single family residential.
To the east a larger variety of uses are allowed that can be four or five stories depending on
bonus height. The form -based standards also allow more uses than typically seen in a RS -5 or
RS -8 zone but it has more restrictions than the zone to the east, creating that transition. This
rezoning would specifically implement the Master Plan that was imagined for the site and this is
the only zone that would be consistent with the Comprehensive Plan, as it's currently adopted in
terms of compatibility with existing neighborhood.
Lehmann stated another factor on the site is transportation and access. As part of the 2018
rezoning that rezoned the properties to the south, they did determine that the intersection of
Benton Street and Riverside Drive would operate at acceptable levels of service. However,
where Orchard Street meets Benton Street, it would be unacceptable during peak hours. That
being said the 2018 rezoning for the southern property is only expecting an additional 20 to 30
trips during peak hours and so they didn't believe that signalization was needed at that time.
However, with the proposed rezoning, it would include the north portion of the site and does
increase the traffic that would be expected at the intersection and would bring more traffic
generation and bring it to unacceptable levels. So as part of recommendations for the rezoning
staff does recommend signalization of Benton Street and Orchard Street, and it would also likely
require intersection improvements such as turn lanes which would be determined later on in the
process as the final plans for the site are identified. In addition, the rezoning would include
conditions of an extension of the five-foot sidewalk along Orchard Court north, along the subject
property line to create that pedestrian connection and then also reconstructing Orchard Street
north of West Benton street so that the public improvements are installed prior to occupancy.
Staff recommends approval of REZ23-0004, a proposal to rezone approximately 1.63 acres of
property located at 614, 622, and 630 Orchard Court from Low Density Single -Family Residential
with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard zone (RFC -
0), subject to the following conditions:
1. Prior to site plan approval for any development on the property, Owner shall:
a. Enter into an agreement with the City providing for the construction of public
improvements, which may allow for the provision of an improvements escrow,
prior to issuance of a building permit. In all cases, however, the public
improvements shall be constructed prior to the issues of any certificate of
occupancy. The public improvements shall include, but not be limited to:
i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject
property in a location approved by the City Engineer.
ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as
approved by the City Engineer.
iii. Reconstruction of Orchard Street/Court in a manner approved by the City
Engineer.
Planning and Zoning Commission
July 19, 2023
Page 4 of 7
Lehmann stated staff did receive some public comments from Paula Swygard noting that there
were some concerns with the proposed rezoning and she shared those with the Commission.
Staff does believe that their recommendation stands as recommended, but upon
recommendation from the Planning and Zoning Commission, the public hearing will then be
scheduled for consideration by City Council, which based on current Council dates, they
anticipate the public hearing being set on August 1 and August 15.
Elliott asked are there any natural features that separate the area that they're talking about
tonight and the single-family homes to the west. Lehmann believes there are some existing
trees and a little waterway further south.
Craig noted first she wanted to say that at the first time they considered this she did not know
Ryan Wade, but now does know little bit personally as he was in a business relationship at the
time with her son. She did not know he was the developer and was certainly not conflicted, but
she let the City Attorney's office know about that. She wanted to now clarify that business
relationship has now ended amicably and therefore they're all good.
Craig asked if all the houses stay on Benton Street except for just that little corner. Lehmann
confirmed that was correct. Also the previous rezoning in 2018 allowed for redevelopment of the
buildings on Orchard Street and those buildings that don't front Benton. The properties that do
front, Benton would remain as they are and are not part of the either the previous rezoning or this
rezoning.
Hensch opened the public hearing.
Ryan Wade (M&W Properties) stated they've been working on this property and acquiring this
land for nearly eight years now, even prior to the 2017 rezoning, staff understood that they
owned majority of these properties at that time. The transition through the Riverfront Crossings
rezonings presented them with the opportunity to work with past staff members, Bob Miklo and
Karen Howard and work through the process of what that would require to have the Orchard
District in this. As of last year, they required this portion of land from a family who they got to
know pretty well, this family's dad passed away and entrusted the land to them, and they decided
to sell to M&W Properties, so that's the reason for this rezoning now and why they did not rezone
this property in 2017 or 2019 like they did with the other two properties here. Wade noted this
rezoning is a straightforward rezoning and they don't have any buyer on a line for it. They
acquired this land and paid quite a bit of money for it so they want to see this land developed.
Wade noted two thirds of the property here are already rezoned and they have developed a
portion this property, almost 20% of the property, in the Orchard District already so he is asking
to get a rezoning so they can move forward with the development on it. He confirmed he will
work with staff to create a project down there that's going to be more sufficient and a better
project and what they have there currently. Wade acknowledged at one time they talked about
affordable housing and he stated the very first affordable housing and workforce housing project
in Iowa City was his project at 647 Orchard and part of the agreement with the City at that time
part of the agreement was to bring 10% affordable housing to this market.
Commissioner Wade asked if Aptitude was in in consideration for this project. Ryan Wade
replied they're not in consideration right now, the day after that City Council meeting, he
apologized for their actions here. They broke their purchase agreement at the time and currently
they are not talking to anyone about purchasing this land.
Planning and Zoning Commission
July 19, 2023
Page 5 of 7
Hensch closed the public hearing.
Elliott moved to recommend approval of REZ23-0004, a proposal to rezone approximately
1.63 acres of property located at 614, 622, and 630 Orchard Court from Low Density
Single -Family Residential with a Planned Development Overlay (OPD/RS-5) to Riverfront
Crossing - Orchard zone (RFC -0), subject to the following conditions:
1. Prior to site plan approval for any development on the property, Owner shall:
a. Enter into an agreement with the City providing for the construction of public
improvements, which may allow for the provision of an improvements escrow,
prior to issuance of a building permit. In all cases, however, the public
improvements shall be constructed prior to the issues of any certificate of
occupancy. The public improvements shall include, but not be limited to:
i. 5' wide sidewalk along the Orchard Street/Court frontage of the subject
property in a location approved by the City Engineer.
ii. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as
approved by the City Engineer.
iii. Reconstruction of Orchard Street/Court in a manner approved by the
City Engineer.
Wade seconded the motion.
Wade stated he was in favor of this last time and hopefully the future development takes in
context the previous neighborhood feedback on the three different buildings versus the one large
building. He also acknowledged the feedback on City Council as far as the traffic study
alleviating the concern and is still in favor of this rezoning.
Hensch stated he is a yes on this and the two issues in the past that resonated with him were the
affordable housing and traffic. Both those concerns have been answered.
Townsend asked about the affordable housing and Hektoen noted a rezoning in Riverfront
Crossings requires a percentage of affordable housing or a fee in lieu.
Craig is going to support this but echoed her concerns from the first time around that they're
tearing down what is affordable housing and are they going to replace it with affordable housing.
But she thinks this is an opportunity for the developer to have it zoned for potential investors and
to see what they can do with this piece of property. She does have concerns about the transition,
what it's going to look like and how it's going to affect the Orchard Neighborhood, the scale of
having a three-story building there next to single family but is willing to see what happens. She
noted somebody could tear down those houses on Benton right there in front and build a row of
townhouses that were three stories high.
Townsend stated she is in the same place she was in before, currently there is affordable
housing there and now at most it will be 10%. She did acknowledge there's buses there for
people get to work.
Hensch stated he is totally sympathetic to that but stated this application from his reading of it is
consistent with the current ordinance that the City has in place.
Planning and Zoning Commission
July 19, 2023
Page 6 of 7
A vote was taken and the motion passed 5-0.
CONSIDERATION OF MEETING MINUTES: JULY 5,2023:
Townsend moved to approve the meeting minutes from July 5, 2023. Craig seconded the
motion; a vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Hensch noted on May 2 new bylaws were adopted by the Planning and Zoning Commission and
under the articles section on election terms of officers it says officers of the Commission shall be
elected annually at the first regular meeting in February of each year. If election of officers shall
not be held at such meetings such election shall be held as soon thereafter as convenient. So
this February had already passed by the time the new bylaws were approved and traditionally
they have voted for new officers in July so he just want to get a sense of the Commission what
they would like to do or the advice of the legal expert since it was passed.
Hekteon stated Hensch is a duly elected Officer of this Commission.
Hensch's concern is just traditionally they always vote in July so if anyone wants there to be
election, he wanted to put it out there. It wasn't on the agenda so they can't really discuss it
tonight but if someone wants it on a future agenda please let staff know.
There was discussion on whether February or July made more sense for officer elections. July is
the start of a new fiscal year, but February works too.
Craig noted in the AARP newsletter there's a big article in there on Accessory Dwelling Units that
talked about several cities that were broadening their policies about the whole owner -occupied
issue and the restrictions on building issues. Some places have to have their own off-street
parking, which is obviously a detriment, and they have to have their own water and sewer line, is
that a requirement here. Lehmann confirmed that is not a requirement here.
ADJOURNMENT:
Townsend moved to adjourn, seconded by Elliott, a vote was taken and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2023-2024
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
9/7
10/19
11/2
11/16
12/7
12/21
1/4
1/18
2/15
3/1
4/5
4/19
6/21
7/5
7/19
CRAIG, SUSAN
X
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X
ELLIOTT, MAGGIE
X
X
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
O/E
X
PADRON, MARIA
X
X
X
O/E
X
X
X
X
X
X
X
X
X
X
O/E
TOWNSEND, BILLIE
X
X
X
X
X
O/E
X
O/E
X
X
X
X
X
X
X
WADE, CHAD
---
---
X
O/E
X
X
X
O/E
X
X
X
X
X
X
X
Vacancy
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
Doc ID: 032162170008 Type: GEN
Kind: ORDINANCE
Recorded: 09/11/2023 at 01:38:34 PM
Fee Amt: $42.00 Paqe i of 8
Johnson County Iowa
Kim Painter County Recorder
BK6514PG169-176
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto
is a true and correct copy of Ordinance No. 23-4907 which was passed by the City Council of Iowa
City, Iowa, at a regular meeting held on the 5th day of September 2023 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 74k day of September 2023.
Kellie K. Grace
City Clerk
\ord
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009
Prepared by: Madison Conley, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ23-0004)
Ordinance No. 23-4907
Ordinance conditionally rezoning approximately 1.63 acres of land
located at 614, 622, and 630 Orchard Court from Low Density Single -
Family Residential with a Planned Development Overlay .(OPD/RS-5) to
Riverfront Crossing - Orchard (RFC -0) (REZ23-0004).
Whereas, the owner, M&W Properties LLC, has requested a rezoning of property located all
614, 622, and 630 Orchard Court from Low Density Single -Family Residential with a Planned
Development Overlay (OPD/RS-5) to Riverfront Crossing - Orchard (RFC -0); and
Whereas, the Comprehensive Plan indicates that this area is intended for redevelopment that
is complementary to the surrounding single-family neighborhoods in mass and scale and acts as
a transition between the larger -scale development along S. Riverside Drive and the single-family
neighborhoods to the west; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided it includes conditions regarding
the construction of public improvements such as traffic signalization and other associated
improvements at the intersection of Orchard Street and W. Benton Street, installation of a
sidewalk, and the reconstruction of Orchard Street north of W. Benton Street; and
Whereas, Iowa Code §414.5 (2022) 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 rezoning creates a public need for improvements at the intersection of Orchard
Street and W. Benton Street in the form of traffic signals, and associated improvements such as
turn lanes, as well as the reconstruction of Orchard Street north of W. Benton Street; and
Whereas, the rezoning creates a public need for improvements to pedestrian connectivity,
including the installment of sidewalks along Orchard Street; and
Whereas, the owner, M&W Properties, LLC, has agreed that the property shall be developed
in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto
to ensure appropriate development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby reclassified to Riverfront Crossing -
Orchard (RFC -0):
ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF
IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT
SUBDIVISION THENCE ALONG THE EAST LINE OF SAID LOT 4 S08000'47"W, 114.47 FEET
TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 138.88 FEET
ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY
(CHORD BEARING S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF
ORCHARD COURT; THENCE 10.80 FEET ALONG SAID WEST LINE ON A 15.00 FOOT
Ordinance No. 23-4907
Page 2
RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57
FEET); THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY (CHORD BEARING S37°18'05"E, 73.39 FEET) TO THE
SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE S88°45'11"W,
309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST
LINE N00041'22"W, 254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE
318.13 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION ON A 2,100.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET)
TO THE POINT OF BEGINING.
DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND
OTHER RESTRICTIONS OF RECORD.
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon
the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Pais and approved this 5th day of September 2023.
M6ydi-,
Attest: '� ._P I , C,
ity Clerk
Approved by
City Attorne45s Office
(Sara Hektoen — 08/09/2023)
Ordinance No. 23-4907
Page 3
It was moved by Harmsen and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
�— Bergus
X Dunn
x Harmsen
x Taylor
X Teague
X Thomas
First Consideration 08/15/2023
Bergus
that the
Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None. ABSENT: None.
Second Consideration
Date Published: 09/14/2023
Moved by Harmsen , seconded by Alter 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,Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None. ABSENT: None.
Prepared by: Madison Conley, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ23-0004)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
referred to as "City") and M&W Properties, LLC (hereinafter referred to as "Owner").
Whereas, Owner is the legal title holder of approximately 1.63 acres of property located
at 614, 622, and 630 Orchard Court legally described below; and
Whereas, Owner has requested the rezoning from Low Density Single -Family Residential
with a Planned Development Overlay (OPD/RS-5) to Riverfront Crossing — Orchard (RFC -0); and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
redevelopment subject to compliance with the Riverfront Crossings Form -Based Code; and
Whereas, the rezoning creates a public need for improvements at the intersection of
Orchard Street and W. Benton Street in the form of traffic signals, and associated improvements
such as turn lanes, as well as the reconstruction of Orchard Street north of W. Benton Street; and
Whereas, the rezoning creates a public need for improvements to pedestrian connectivity,
including the installment of sidewalks along Orchard Street; and
Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided it includes conditions regarding
the construction of public improvements such as traffic signalization and other associated
improvements at the intersection of Orchard Street and W. Benton Street, installation of a
sidewalk, and the reconstruction of Orchard Street north of W. Benton Street; and
Whereas, Iowa Code §414.5 (2022) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, The Owner agrees to develop this property in accordance with the terms and
conditions of the Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. M&W Properties, LLC is the legal title holder of the property legally described as:
ALL OF LOTS 4, 5, 6, 7, AND 8 OF ORCHARD COURT SUBDIVISION, ALL IN THE CITY OF
IOWA CITY, JOHNSON COUNTY, IOWA DESCRIBED AS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 4 OF SAID ORCHARD COURT
SUBDIVISION THENCE ALONG THE EAST LINE OF SAID LOT 4 S08000'47"W, 114.47 FEET
TO THE NORTH RIGHT-OF-WAY LINE OF ORCHARD COURT; THENCE 138.88 FEET
ALONG SAID NORTH LINE ON A 50.00 FOOT RADIUS CURVE CONCAVE EASTERLY
(CHORD BEARING S18°04'47"W, 96.34 FEET) TO THE WEST RIGHT-OF-WAY LINE OF
ORCHARD COURT; THENCE 10.80 FEET ALONG SAID WEST LINE ON A 15.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY (CHORD BEARING S40°56'35"E, 10.57
FEET); THENCE ALONG SAID WEST LINE 74.49 FEET ON A 125.00 FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY (CHORD BEARING S37°18'05"E, 73.39 FEET) TO THE
SOUTH LINE OF SAID SUBDIVISION; THENCE ALONG SAID SOUTH LINE S88°45'11 "W,
309.37 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE ALONG SAID WEST
LINE N00041'22"W, 254.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE
318.13 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION ON A 2,100.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY (CHORD BEARING N85°15'08"E, 307.86 FEET)
TO THE POINT OF BEGINING.
DESCRIBED AREA CONTAINS 1.63 ACRES AND IS SUBJECT TO EASEMENTS AND
OTHER RESTRICTIONS OF RECORD.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2022)
provides that the City of Iowa City may impose reasonable conditions on granting a
rezoning request, over and above the existing regulations, in order to satisfy public
needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the Zoning Code,
as well as the following conditions:
A. Prior to site plan approval for any development on the property, Owner shall:
i. Enter into an agreement with the City providing for the construction of those public
improvements stated below, which may allow for the provision of an improvements
escrow, prior to issuance of a building permit. In all cases, however, the public
improvements shall be constructed prior to the issues of any certificate of occupancy.
The public improvements shall include, but not be limited to:
a. 5' wide sidewalk along the Orchard Street/Court frontage of the subject property in
a location approved by the City Engineer.
b. Traffic signalization at the corner of W. Benton and Orchard Streets, and
associated intersection improvements, which may include turn lanes, as approved
by the City Engineer.
c. Reconstruction of Orchard Street/Court in a manner approved by the City
Engineer.
4. Owner acknowledges the requirements of Iowa City Code of Ordinances 14-2G-8, which
requires the execution of an affordable housing agreement to satisfy the affordable
housing obligations through the provision of on-site owner -occupied dwelling units, on-
site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling
units not provided on-site or as otherwise agreed to between Owner and the City.
5. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2022), and that said conditions satisfy public needs that are caused
by the requested zoning change.
2
6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City. The parties
further acknowledge that this agreement shall inure to the benefit of and bind all
successors, representatives, and assigns of the parties. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
7. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner
from complying with all other applicable local, state, and federal regulations.
8. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of �2023.
of Iowa City
ce Teague, Mayor
Attest:
Kelli6 Grace, City Clerk
A roved by.
City Attorney's Office
Z
City of Iowa City Acknowledgement:
State of Iowa )
ss:
Johnson County )
M perties LLC
This instrument was acknowledged before me on fir.; ; �� ' 2023 by Bruce Teague
and Kellie Grace as Mayor and City Clerk, respectively,!d the City of Iowa City.
ASHLEY A J YA -PLATZ
o �` Commission No. TM30
x,bv My Commission Expires `tdd ry Public PnL tat Iowa
low* July 14, 202b
(Stamp or Seal)
3
M&W Properties LLC Acknowledgment:
State of
County of�1)0�
before me onAuviv6t,l,�2 2023 by
s i Q - 600&�/- J (title) of M&W Properties
This record was acknowledged
(name)
�@FUA(s EMILY HARTWIG
z Commission Number 764355
My Commission Expires
IpWP August 25, 2025
LLC.
Nota lic in and f4 the 8tate of I #a
(Stamp or Seal)
My commission expires
��s
Kellie Grace
From: Michael Welch <Michael@welchdesigndevelopment.com>
Sent: Thursday, August 17, 2023 11:26 AM
To: Kellie Grace
Cc: Danielle Sitzman; Anne Russett; Ryan Wade; Lily Becker
Subject: Accelerated action request - REZ23-0004 - 1028.1
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hello
On behalf of M&W Properties, I'd like to request that council takes accelerated action on the rezoning consideration for
case REZ23-0004 and collapse the 2nd & 3rd readings during their September 5th meeting.
Thank you,
Michael J. Welch, PE
Welch Design and Development
(319) 214-7501 (o)
(920) 475-8060 (m)
Item Number: 10.d.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 5, 2023
Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions,"
to eliminate the prohibition on landlords discriminating against Housing Choice Voucher (aka,
Section 8) holders. (Second Consideration)
Prepared By: Susan Dulek, First Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Stefanie Bowers, Equity Director
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice
Vouchers (aka, Section 8), which is unenforceable as of Jan. 1, 2023 due to a recent change
in state law.
Background /Analysis:
The City Code prohibits landlords from refusing to lease to tenants who have Housing Choice
Vouchers (aka, Section 8). In 2021 the Iowa legislature passed and the Governor signed SF
252, which is codified at Section 364.3(16) of the Iowa Code, preempting local governments
from enforcing an ordinance that prohibits a landlord from "refusing to lease or rent out the
dwelling unit to a person because of the person's use of a federal housing choice voucher
issued by the United States department of housing and urban development" after Jan. 1,
2023. This ordinance removes the discrimination provision because it no longer is
enforceable under state law.
10,J
Prepared by: Eric Goers, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending Title 2, entitled "Human Rights," Chapter 1, entitled
"General Provisions," to eliminate the prohibition on landlords
discriminating against Housing Choice Voucher (aka, Section 8) holders.
Whereas, the City Code prohibits landlords from refusing to lease to tenants who have
Housing Choice Vouchers (aka, Section 8); and
Whereas, in 2021 the Iowa legislature passed and the Governor signed SF 252, which is
codified at Section 364.3(16) of the Iowa Code, preempting local governments from enforcing
an ordinance that prohibits a landlord from "refusing to lease or rent out the dwelling unit to a
person because of the person's use of a federal housing choice voucher issued by the United
States department of housing and urban development" after January 1, 2023; and
Whereas, it is in the best interest of the City to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 2, entitled "Human Rights," Chapter 1, entitled "General Provisions," Section 1,
entitled "Definitions," is amended by deleting the strike -through text and adding the underscore
text as follows:
Public Assistance Source of Income: Income and support derived from any tax
supported Federal, State or local funds, including, but not limited to, social security,
supplemental security income, temporary assistance for needy families, family
investment program, general relief, food stamps, and unemployment compensation;
hG coir g nheiGe pini Cher subsidies and similar but not including rent subsidy programs.
Housing choice voucher subsidies and similar rent subsidy programs shall also be
included in this definition immediately upon'the event of either of the following:
A. The repeal of Iowa Code section 364.3(16) (Iowa Code 2023) and any similar
statutes preempting cities from prohibiting owners, lessors, sublessors, managing
agents or other persons having the right to lease, sublease, or rent out a dwelling
unit from refusing to lease or rent out the dwelling unit to a person because of the
person's use of a federal housing choice voucher issued by the United States
department of housing and urban development; or
B. A court with lawful jurisdiction invalidates Iowa Code section 364.3(16) (Iowa Code
2023) and any statutes of similar effect.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12023.
Mayor
Attest:
City Clerk
Approved by
City Attorne s ffice — 09/06/2023
Ordinance No.
Page 2
It was moved by and seconded by
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
that
First Consideration 12-06-2022
Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas,
Weiner NAYS: None ABSENT: None
Second Consideration 09-05-2023
Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Dunn
NAYS: None ABSENT: None
Date published
by: Susan Dulek, First Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 31
Ordinance No.
Ordin nce amending Title 2, entitled "Human Rights," C pter 1, entitled
"Gener I Provisions," to eliminate the prohibit' n on landlords
discrimin ting against Housing Choice Voucher (akd, Section 8) holders.
Whereas, the ity Code prohibits landlords from refusing o lease to tenants who have
Housing Choice Vou ers (aka, Section 8); and
Whereas, in 2021 a Iowa legislature passed and th Governor signed SF 252, which is
codified at Section 364. 16) of the Iowa Code, preemp 'ng local governments from enforcing
an ordinance that prohibits a landlord from "refusing t lease or rent out the dwelling unit to a
person because of the pers 's use of a federal ho ing choice voucher issued by the United
States department of housing d urban developm V after January 1, 2023; and
Whereas, it is in the best inte st of the City t adopt this ordinance.
Now, therefore, be it ordained by the\City Coocil of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 2, entitled "Human Rights," apter 1, entitled "General Provisions," Section 1,
entitled "Definitions," is amended by d etin the strike -through text and adding the underscore
text as follows:
Public Assistance Source o ncome: In ome and support derived from any tax
supported Federal, State local funds, i cluding, but not limited to, social security,
supplemental security in ome, temporary sistance for needy families, family
investment program, g neral relief, food sta ps, and unemployment compensation;
bufinot indludin <' rent subsidy programs.
Sectionj`I. Repealer. ordinances and parts of o dinances in conflict with the provision of
this Ordinance are hereb repealed.
Section Ill. Severabil' If any section, provision or part f the Ordinance shall be adjudged to
be invalid or unconstit Tonal, such adjudication shall not aff t the validity of the Ordinance as a
whole or any section, rovision or part thereof not adjudged in lid or unconstitutional.
Section IV. Effe tive Date. This Ordinance shall be in effec after its final passage, approval
and publicXaapproved
provided by law.
Passethis day of , 20
Mayor
Attest:
Itv Clerk
Ap oved by
City Attorn 's ice
(Sue Dule — 11/22/2022)
Item Number: 10.e.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 5, 2023
Ordinance amending Title 18, entitled "Site Plan Review," Chapter 2, entitled "Procedures and
Submittal Requirements," to extend the time a site plan remains valid. (Second Consideration)
Prepared By: Tracy Hightshoe, Neighborhood & Development Services
Director
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: N/A
Attachments: Ordinance
Executive Summary:
The Iowa City City Code (Title 18 - Site Plan review) is subject to alteration and clarification
as situations and circumstances change throughout the City. The proposed ordinance
addresses issues that have arisen since the pandemic as they impact development. Due to
various market factors, including but not limited to labor shortages, supply chain interruptions,
and how contractors do business under new financial realities, site plan development is
taking longer for some developments. This amendment extends the time a site plan remains
valid.
Background /Analysis:
The current code, under Section 18-2-3, Effective Period of Plan Approval, provides that site
plans remain valid for one year after the date of approval. The approved site plan is null and
void if a building permit is not issued within one year of plan approval or if actual construction
has not commenced within eighteen months of the site plan approval. This amendment will
extend the length of time a site plan remains valid to three years after the date of site plan
approval and construction must commence within 42 months of site plan approval. This time
frame grants additional time for development, however places an expiration date in the not so
distant future so that significant changes to development standards are not missed. If a
building permit and construction has not commenced within this new time frame, the
developer must resubmit for site plan approval and would be subject to any applicable
changes in development standards since their original submittal.
Prepared by: Tracy Hightshoe, NDS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230
Ordinance No. 23-4908
Ordinance amending Title 18, entitled "Site Plan Review," Chapter 2,
entitled "Procedures and Submittal Requirements," to extend the time a site
plan remains valid.
Whereas, various market factors, including the COVID-19 pandemic, labor shortages,
supply chain interruptions, and changes in the financial industry have resulted in a slower real
estate development process; and
Whereas, it is common for construction projects to take longer than one year to commence
after a site plan is approved; and
Whereas, the City wishes to allow additional time before an approved site plan expires to
promote and facilitate development, yet still ensure compliance with current code requirements;
and
Whereas, it is in the City's interest to adopt this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I
1. Title
"Procedures
Approval," is
follows:
Amendments.
18, entitled "Site Plan
and Submittal Requirements," Section
amended by deleting the strike -through
Review," Chapter 2, entitled
3, entitled "Effective Period of Plan
text and adding the underscore text as
The approval of any site plan shall remain valid for or+e three years after the date of
approval. The approved site plan shall be null and void if a building permit has not been
issued within one three years of the site plan approval or and if actual construction has not
commenced within eighteen (4-9) 42 months of the site plan approval. "Actual construction"
shall mean that the permanent placement of construction materials has started and is
proceeding without undue delay.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Pa d and approved this 5th day of
r
Attest: 6�C le_�
Cit Clerk
September ,2023.
Approved by
x___,G
City Attorne ' O Ice
(Sara Hektoen - 08/09/2023)
Ordinance No. 23-4908
Page 2
It was moved by Al ter and seconded by Rerpri]R that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
—x
X
X
X
X
X
X
First Consideration
ABSENT:
08/15/2023
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS:.: None. ABSENT: None
Second Consideration
Date Published: 09,114/2093
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, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None. ABSENT: None.
Item Number: 10J.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 5, 2023
Ordinance amending Title 8, Entitled "Police Regulations," Chapter 5, Entitled "Miscellaneous
Offenses," to specify the criminal penalty for disorderly house violations. (Pass and Adopt)
Prepared By: Liz Craig, Assistant City Attorney
Reviewed By: Eric Goers, City Attorney
Geoff Fruin, City Manager
Dustin Liston, Police Chief
Fiscal Impact: None
Staff Recommendation: Approval
Commission Recommendations: NA
Attachments: Ordinance
Executive Summary:
This ordinance sets fines for the simple misdemeanor ordinance violation of disorderly house.
Background /Analysis:
If this ordinance is approved, the fine associated with the criminal disorderly house violation
will change from an unscheduled fine, meaning the fine is set by the Court within a statutory
minimum and maximum, to a scheduled fine based upon whether the offense is a first,
second, or third or subsequent offense. The fines will be scheduled as follows:
First offense: $300.00
Second offense: $500.00
Third or subsequent offense: $855.00
The reason for making this change is that often disorderly house defendants do not appear
for trial, and a warrant is then routinely issued by the Court for the defendant's arrest. Trial is
reset, and any witness that has appeared for trial must then appear again. On several
occasions, witnesses have had to appear multiple times for trial, which is both an expense
and inconvenience. If the fine is scheduled, judgment may be entered on an unsecured
appearance bond, and the matter may be concluded after a single trial date in most
instances.
Given the significant use of public resources and negative impact on the public of repeated
disorderly house violations, the fine should increase for subsequent offenses.
Prepared by: Liz Craig, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance no. 23-4909
Ordinance Amending Title 8, Entitled "Police Regulations," Chapter 5,
Entitled "Miscellaneous Offenses," to specify the criminal penalty for
disorderly house violations.
Whereas, keeping a disorderly house (aka, loud party) is a violation of the Iowa City Code of
Ordinances punishable either as a simple misdemeanor (criminal charge) or municipal infraction
(civil citation); and
Whereas, the penalty for a criminal disorderly house violation is currently unscheduled,
meaning the fine is set by the Court within a statutory minimum and maximum, punishable by a
fine prescribed in Section 903.1(1)(a) of the Iowa Code; and
Whereas, because the penalty is unscheduled, the charge is generally written on a
Complaint and Affidavit without an unsecured appearance bond provided by the defendant; and
Whereas, because there is not an unsecured appearance bond provided by the defendant,
a warrant generally issues if the defendant fails to appear for trial, which means the defendant
may be arrested on this warrant; and
Whereas, if the defendant does not appear for trial, witnesses may be required to appear for
trial multiple times when the trial is rescheduled, which is both an expense and inconvenience;
and
Whereas, the interests of justice would be more fully served by the scheduling of the fine for
this offense, so that the defendant provides an unsecured appearance bond on a uniform
citation and complaint, and the district court may enter judgment on the unsecured appearance
bond if the defendant fails to appear and the case may be concluded on the date scheduled for
trial; and
Whereas, given the significant use of public resources and negative impact on the public of
repeated disorderly house violations, the fine should increase for subsequent offenses; and
Whereas, it is in the best interest of the City to specify the criminal penalty for disorderly
house violations.
Now, therefore, be it ordained by the City Council of the City of Iowa City:
Section I. Amendments.
1. Title 8, entitled "Police Reg ulations,"Chapter 5, entitled "Miscellaneous Offenses,"
Section 5, entitled "Keeping Disorderly House," subsection A is hereby amended by
adding the underlined text and deleting the strike -through text as follows:
A. Simple Misdemeanor: No person shall permit or suffer to continue, without taking
legal steps to prevent the same, any quarreling, fighting, disorderly conduct, or any other
conduct or condition that threatens injury to persons or damage to property. No person
shall permit or suffer to continue, without taking legal steps to prevent the same, loud,
raucous, disagreeable noises made with an intentional or reckless disregard for causing
a disturbance of the neighborhood, or a disturbance to the general public, upon any
premises owned by the person or in the person's possession. For the purposes of this
Ordinance No. 23_490a
Page 2 -�
section, "a disturbance to the general public" includes the disturbance of persons beyond
the subject premises and/or to the disturbance of persons upon public places, including
peace officers. .
1. A person who violates the provisions of subsection A of this section is guilty of a
simple misdemeanor punishable as follows:
a. For a first offense, a fine of three hundred dollars ($300.00).
b. For a second offense, a fine of five hundred dollars ($500.00).
c. For a third or subsequent offense, a fine of eight hundred fifty-five dollars
($855.00).
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 5th day of September 2023.
.ems
Mayor
Attest:_
City Clerk
Approved by
J
City Attor y's Office
(Liz Craig — 07/25/2023)
Ordinance No. 23-4909
Page 3
It was moved by Thomas and seconded by Alter that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
_x
Alter
Bergus
X
Dunn
X
Harmsen
X
Taylor
X
Teague
X
Thomas
First Consideration 08/01/2023
Vote for Passage: AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: Bergus ABSENT: None.
Second Consideration 08/15/2023
Vote for Passage: AYES: Alter, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: Bergus ABSENT: None
Date Published: 091/1-4023
Item Number: 10.g.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
September 5, 2023
Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking to add a new fee for electric
vehicle charging. (Pass and Adopt)
Prepared By:
Reviewed By:
Fiscal Impact:
Staff Recommendation
Commission Recommendations:
Attachments: Ordinance
Jennifer Schwickerath, Assistant City Attorney
Redmond Jones II, Deputy City Manager
Darian Nagle-Gamm, Director of Transportation Services
It is anticipated that the proposed fee would allow the City
to break-even. If no fee is imposed and the amount of
electric charging remains the same, the estimated loss is
$10,568.00 per year.
Approval
N/A
Executive Summary:
Staff recommends the City establish a $0.16/kWh fee for use of public EV charging stations in
public parking facilities, to recover the state excise tax, ChargePoint 10% transaction fees,
electricity, and ChargePoint cloud plan fees.
Background /Analysis:
The City of Iowa City has been offering electric vehicle charging to the public in municipally
owned parking facilities starting with the Harrison Street Ramp in April 2017. Electric Vehicle
Supply Equipment (EVSE) was installed in Capitol Street Ramp, Dubuque Street Ramp, and
Chauncey Swan Parking Ramp in November of 2018. EVSE was then added to Court Street
Transportation Center in December 2019 and the Tower Place Parking Ramp in July 2020.
Once these installations were complete, two electric vehicles (EVs) could charge
simultaneously in each of the six downtown parking facilities. This amenity has been offered
at no additional charge, to date. Parking sessions in spaces designated for EV use are limited
to four hours to promote vehicle turnover. ChargePoint is the platform that facilitates charging
sessions. Customers must download the ChargePoint smartphone app. The ChargePoint app
is used to initiate a charging session. ChargePoint users are required to tie a credit card to
their app.
The State of Iowa passed HF 767 in 2019 to recover road use fees that are normally
collected by legacy fuel taxes. Battery electric vehicles (BEVs) do not use any gasoline and
plug-in hybrid vehicles (PHEVs) use far less gasoline than a conventional vehicle. HF 767,
which phased in additional annual registration fees for BEVs and PHEVs starting in January
2020, also included an excise tax of $0.026 per kilowatt hour for electric vehicle charging at
non-residential locations beginning July 1, 2023. This excise tax will apply to Iowa City's
public charging stations.
The City has four expenses associated with the dispensing of electric fuel at publicly
accessible parking spaces: electricity, ChargePoint Plan fees, maintenance costs (which has
been negligible) and the state excise tax on electric fuel. If the City chooses to collect a
charging fee to recover costs through the ChargePoint platform, another expense will be
added — a fee amounting to 10% of each transaction.
Staff evaluated calendar year 2022 utilization and expenses related to the provision of
charging equipment for community use. An analysis indicates that a fee of $0.16/kWh would
be required to break-even, covering all taxes and expenses as shown below.
• Estimated annual EVSE expenses:
fee)
• Estimated annual revenue:
• Net revenue:
• Proposed per kWh fee:
$11,768 (includes 10% per transaction
$12,000
$233
$0.16/kWh
Staff recommends the City establish a $0.16/kWh fee, to recover the state excise tax,
ChargePoint 10% transaction fees, electricity, and ChargePoint cloud plan fees. Doing so
would collect a total of about $12,000 over the course of a year, which would cover estimated
expenses based on CY 2022 utilization. Under this scenario a typical BEV driver would pay
approximately $4.00 per 4 -hour charging session, and a PHEV driver would pay
approximately $1.00 in addition to hourly parking or permit fees.
The fee will ensure that expenses related to the dispensing of electric fuel are recovered, that
the charging equipment remains available to the maximum number of drivers. Assessing fees
to customers on a per kWh basis is the most transparent and equitable fee structure
considering that BEVs and PHEVs have different power needs and charge their batteries at
different rates. Staff recommends pursuing idle fee charges in the future if compliance with
the 4 -hour parking prohibition becomes problematic.
A caveat - While the City has seen tremendous growth in the utilization of public EV chargers,
it is reasonable to assume that once fees are implemented, demand may decrease for drivers
with EV charging capacity at home. After a fee is established, we may observe that a greater
proportion of those using public EV charging in the future are renters or those who without
access to a garage. Staff will continue to monitor the utilization of charging equipment and
expenses and will periodically reevaluate the fee structure.
Prepared by: Jennifer Schwickerath, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No. 23-4810
Ordinance Amending Title 3, Finances, Taxation and Fees, Chapter 4,
Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties, Section 8,
Parking to add a new fee for electric vehicle charging.
Whereas, Iowa City Code section 3-4-8: Parking: sets the amount of Fee, Charge, Fine or
Penalty for various parking matters; and
Whereas, the City offers electric vehicle charging to the public in parking facilities; and
Whereas, the State has enacted legislation creating a new excise tax on electric fuel, which
requires owners of electric charging stations to report and pay to the Iowa Department of
Revenue $0.026 per kilowatt hour of electric fuel dispensed starting July 1, 2023; and
Whereas, the electric vehicle charging is currently provided to the public at no cost and the
City pays the excise tax, the cost of the electricity, and the cost of the platform to facilitate the
charging session; and
Whereas, the City has determined that there should be a fee for electric vehicle charging in
an amount sufficient to reimburse the City for the excise tax, the cost of the electricity, and the
cost of the platform to facilitate the charging session; and
Whereas, the City has determined that a fee of $0.16 per kilowatt hour should be assessed;
and
Whereas, it is in the best interest of the City to adopt this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments. Title 3, Finances, Taxation and Fees, Chapter 4, Schedule of Fees,
Rates, Charges, Bonds, Fines and Penalties, Section 8, Parking, is hereby amended as follows:
1. by adding the following new fee to Parking ramp fees:
Electric vehicle charging fee $0.16 per kilowatt hour
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be effective upon publication.
ssed and approved this 5th day of September , 2023.
M
Attest: 0,LY4 iApproved by:
City Clerk City Attorney's Office
(Jennifer Schwickerath — 07/27/2023)
Ordinance No. 23-4910
Page 2
It was moved by j;prgus and seconded by Al tpr that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
x
X
X
X
X
ABSENT:
Alter
Bergus
Dunn
Harmsen
Taylor
Teague
Thomas
First Consideration 08/01/2023
Vote for Passage. AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYES: None. ABSENT: None.
Second Consideration 08/15/2023
Vote for Passage: AYES: Alter, Bergus, Dunn, Harmsen, Taylor, Teague, Thomas
NAYS: None ABSENT: None
Date Published: 09/14/2023