HomeMy WebLinkAbout2008-07-15 Ordinance5c
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Prepared by: Doug Ongie, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ08-00007)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY .28 ACRES LOCATED AT 700 SOUTH DUBUQUE STREET
FROM COMMUNITY COMMERCIAL (CC-2) TO INTENSIVE COMMERCIAL (CI-1 ). (REZ08-00007)
WHEREAS, the applicant, 6 Corp, has requested a rezoning of property located at 700 South Dubuque
Street from Community Commercial (CC-2) to Intensive Commercial (CI-1 ); and
WHEREAS, the Comprehensive Plan indicates that the area as appropriate for intensive commercial
development; and
WHEREAS, the Planning and Zoning Commission has the 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 reclassified from its current zoning
designation of Community Commercial (CC-2) to Intensive Commercial (CI-1 ):
Lot Eight in Block Eighteen in that part of Iowa City, Iowa know as the County Seat of Johnson County,
Iowa, according to the recorded plat thereof.
SECTION II. ZONING MAP. The Building Inspector 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 this ordinance 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 to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof. not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
Appr ed by
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City Attorney's Office ~ ~ /v ~
Ordinance No.
Page
It was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 7 / 15 / 2008
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Correia, Hayek.
-NAYS: Champion. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
-. ,,,
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STAFF REPORT
To: Planning & Zoning Commission
Item: REZ08-00007 700 S. Dubuque St.
GENERAL INFORMATION:
Prepared by: Doug Ongie, Planning Intern
Date: June 5, 2008
Applicant: 6 Corp
700 S. Dubuque Street
Iowa City, IA 52240
Contact Person:
Phone:
E-mail:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Sarah E. Swartzendruber
1100 5th Street, Suite 205
Coralville, IA 52241
(319) 354-1019
sswartzendruber@moyerbergman.com
Rezoning from CC-2 to CI-1
Construction of self-storage units on the lower level
of the property.
700 S. Dubuque Street
Approximately .28 acres
Community Commercial (CC-2), fitness center
North: Commercial; CC-2
South: Commercial; CI-1
East: Commercial; CI-1 and CC-2
West: Commercial/Public; CI-1 and P-2
The Comprehensive Plan identifies this property as
appropriate for intensive commercial.
May 15, 2008
June 29, 2008
The applicant, 6 Corp, is requesting that the property at 700 S. Dubuque Street be rezoned from
Community Commercial (CC-2) to Intensive Commercial (CI-1) to allow the construction of self-
storage units on the lower level of the property. The Dubuque Street level of the property contains
the business, the Studio, which is currently operating as a yoga studio. The applicant would like
to continue its existing use as a yoga studio and supplement that use with self-storage units in the
lower level of the building.
2
ANALYSIS:
Land Use and Zoning
The subject property is currently zoned as Community Commercial (CC-2). The CC-2 zone is
primarily intended for retail goods and service operations that require high visibility, but does not
allow self-service storage warehouses.
The proposed zoning is Intensive Commercial (CI-1) is aquasi-industrial zone that allows
businesses to store or display merchandise outside, to repair large equipment and motor vehicles,
and operate in buildings that are not completely enclosed. Rezoning this property to CI-1 would
allow the subject property to continue operating as a fitness studio on the upper level and self-
service storage on the lower level.
Compatibility Comprehensive Plan and Neighborhood
The Comprehensive Plan identifies properties south of the Iowa Interstate Railroad as appropriate
for intensive commercial use. Properties surrounding the subject property are zoned CI-1, so
rezoning this property will make its zoning consistent with the Comprehensive Plan and the
current zoning of neighboring properties.
Staff is currently working on the Central Planning District and has identified the area south of
the Iowa Interstate Railroad as an area for potential redevelopment. There has been
discussion that the long term use of this area may be appropriate for mixed-use, transit-oriented
development. The applicant has expressed interest in redeveloping the subject property as a
mixed-use project in the future, but as noted, the applicant's current request for CI-1 is
appropriate at this time.
Traffic implications
Access to the proposed storage units is provided by a drive from Lafayette Street. The rear of
the property cannot be accessed directly from Dubuque Street. Staff believes the intended use
of the property will not significantly affect traffic flow to or from the property.
STAFF RECOMMENDATION:
Staff recommends item REZ08-00007, a request for a rezoning from Community Commercial
(CC-2) zone to Intensive Commercial (CI-1) zone for approximately .28 acres of property located
at 700 S. Dubuque Street, be approved.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
Approved by: /yYfL/Y/~/,/~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S;\PCD\Staff ReportslREZ08-00007 700 S Dubuque St\REZ08-00007 Staff Report.doc
700 S. Dubuque Street
Rezoning Application
OWNER'S STATEMENT AS TO WHY
ZONING CHANGE IN WARRANTED
The applicant, 6 Corp, is requesting that the real estate located at 700 S. Dubuque Street
be rezoned from CC-2 to CI-1 in order to permit the construction of self-storage units on
the lower level of the real estate. 700 S. Dubuque Street is located immediately adjacent
to 710 S. Dubuque Street, which is currently zoned CI-l, so this rezoning will make the
two adjoining properties compatible.
Over the past couple of years, the applicant has discussed with City staff the possibility of
developing this real estate at a higher density than is currently permitted. The applicant
understands that the Comprehensive Plan for this district may eventually permit higher
density development of this parcel in connection with future transit-oriented development
plans. The applicant is in favor of such a higher density use and would welcome the
opportunity to develop the real estate consistent with such a plan.
Until such time as the Comprehensive Plan permits such development, the applicant
would like to continue its existing use of the real estate as a fitness center but supplement
that use with self-storage units in the lower level of the building. Rezoning the real estate
to CI-1 is necessary to permit that use of the real estate.
The public infrastructure and facilities will support the intended use of the property. The
intended use of the property will not significantly affect traffic flow to or from the
property and will not adversely impact any neighboring real estate uses.
This use complies with-the current Comprehensive Plan. As indicated above, the
applicant fully intends to redevelop the property for a higher density use after the
Comprehensive Plan is amended to permit higher density development.
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Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 15, LAND SUBDIVISIONS, BY REPEALING TITLE 15 IN ITS
ENTIRETY AND REPLACING IT WITH A NEW TITLE 15, LAND SUBDIVISIONS
WHEREAS, the Comprehensive Plan provides a vision for the orderly growth and development of
Iowa City's neighborhoods, commercial and industrial districts and public spaces; and
WHEREAS, the Comprehensive Plan envisions healthy neighborhoods providing an array of housing
options for the city's diverse population, a complete and connected street network, quality public
infrastructure, attractive and vibrant commercial districts, economically sound industrial districts,
preservation of environmental assets and accessible trails, parks and open space; and
WHEREAS, the current Subdivision Code does not contain the tools necessary to implement the
vision of the Comprehensive Plan; and
WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning
Commission has recommended approval of a new Subdivision Code based on the Comprehensive Plan;
and
WHEREAS, the City Council wishes to update the Subdivision Code to implement the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. By repealing TITLE 15, "Land Subdivisions," and substituting in lieu thereof the "TITLE 15, LAND
SUBDIVISIONS" attached hereto and incorporated herein by this reference.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication.
Pa~ d and approved thi ~ day of , 20
ATTEST:
CITY CLERK
Approved by
' ti2~ ~ ~~
ity Attorney's Office
Ordinance No.
Page
tt was moved by and seconded by that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 7 / 15 / 2008
Vote for passage: AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek,
O'Donnell. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Planning and Zoning Commission
Recommended Draft
May I5, 2008
CHAPTER 1. GENERAL SUBDIVISION PROVISIONS
This Title shall be known as and may be referred to and cited as the Subdivision Code.
.~ -
This Title is intended to encourage orderly community development and provide for the
regulation and control of the extension of public improvements, public services and utilities, the
improvement of land and the design of subdivisions consistent with the approved
Comprehensive Plan, as amended.
ALLEY: An open public way intended for use as a means of vehicular access to abutting
property.
BOUNDARY LINE ADJUSTMENT: The reconfiguration of the boundary line between
abutting tracts, lots or parcels that results in conveyance of less than one thousand
(1,000) square feet of land.
COMMISSION: The Planning and Zoning Commission of the city.
DEFICIENCY: An error on or omission from plat specifications and/or other supporting
documents required as part of the subdivision approval process including, but not
limited to:
• Missing or mislabeled easements;
• Inaccurate measurements;
• Missing or inaccurate stormwater calculations;
• Mislabeled symbol markings in legends;
• Inaccurate street cross-sections;
• Building lots that do not meet minimum zoning standards;
• Or similar.
DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or
for tax purposes. A boundary line adjustment or the conveyance of an easement,
other than a public highway easement, shall not be considered a division for the
purposes of this Title.
LOT: A tract of land represented and identified by number or letter designation on an
official plat.
OFF-SITE COSTS: The costs incurred by a developer in constructing, improving, or
otherwise extending public improvements from existing public improvements through
or along property not owned by said developer to the boundaries of property under
development and which improvement are capable of serving other properties.
Planning and Zoning Commission
Recommended Draft
May I5, 2008
OUTLOT: a portion of a platted subdivision or other parcel of land not intended by its
owner for immediate development. An outlot may also be a tract or parcel of land
within the subdivision intended for shared use by the residents of the subdivision or
by the public, e.g. public or private open spaces and/or walkways.
PARCEL: A part of a tract of land.
PUBLIC IMPROVEMENTS: The principal structures, works, component parts and
accessories of public infrastructure that become part of, are placed upon, or affixed
to real estate, including, but not limited to:
• Sanitary sewers;
• Storm sewers, the lines or pipes and drainage swales;
• Bridges and culverts;
• Streets, trails, and sidewalks;
• Water mains;
• Storm water management facilities;
• Public open space improvements.
STREET, ARTERIAL: A street, the principal function of which is to provide for through
traffic and which is designed to carry large volumes of traffic. "Arterial streets," as
referenced in this Title, are those streets shown on the Johnson County Council of
Governments (JCCOG) Arterial Street Plan, as amended.
STREET, COLLECTOR: A street, the principal function of which, is carrying traffic from
local streets to arterial streets.
STREET, CUL-DE-SAC: A local street terminating in a turnaround.
STREET, LOCAL: A street used primarily for access to abutting property and for moving
local traffic.
STREET, LOOP: A local street with two (2) intersections with another street in an
alignment roughly in the shape of a "U."
STREET: A public or private street as defined in this Title.
STREET, PRIVATE: Aprivately-owned way that is intended to afford a means of access
to abutting property and for moving local traffic.
STREET, PUBLIC: Aright-of-way dedicated to and accepted for public use, which affords
a means of access to abutting property and a means of vehicular travel. A public
street is owned or controlled by a government entity.
SUBDIVISION: Division of a tract, lot or parcel of land into three or more lots.
SUBDIVISION PLAT: the graphical representation of a subdivision of land, prepared by
a registered land surveyor, having a number or letter designation for each lot within
the plat and a succinct name or title that is unique for the county where the land is
located.
SUBDNISION PLAT, MAJOR: A subdivision plat that involves the construction of one or
more new streets, selective access drives or street extensions.
Planning and Zoning Commission
Recommended Draft
May I5, 2008
SUBDIVISION PLAT, MINOR: A subdivision plat that does not involve the construction
or extension of streets.
15-1-4 Establishment of Control
A. Any plat or replat of a subdivision of land located within the City under the Code of Iowa,
as amended, shall be certified as approved by the Mayor and City Clerk and the
certification affixed to the plat or replat only after approval by a resolution of the City
Council as set forth in this Title.
B. Pursuant to section 354.9, Code of Iowa, as amended, all subdivisions located within two
(2) miles of the City's corporate boundaries shall be subject to City review and approval,
except for those areas exempt from such review pursuant to the Johnson County/ Iowa
City Fringe Area Agreement.
C. Any division of a tract, lot or parcel shall be administratively reviewed and approved by the
City Manager or designee for compliance with the Zoning and Subdivision Codes. Prior to
recording, a division shall be certified as approved by the City Manager or designee.
15-1-5 Issuance Of Building Permits Restricted
A. Where a subdivision is required, the City shall not issue a building permit for construction
on any lot, parcel or tract unless and until:
1. A final subdivision plat has been approved and recorded; and
2. The City approves subdivision erosion control measures in accordance with this Title;
and;
3. The City accepts the public improvements as specified herein, with the exception of
sidewalks and stormwater management facilities, said exceptions being allowed after
building construction has commenced as set forth herein.
B. If the subdivider desires a building permit prior to installing the improvements, the owner
must deposit with the City Finance Department an escrow equal to the cost of
improvements plus 10 percent thereof as specified in paragraph 15-2-3C-9.
C. No building permit and no certificate of occupancy shall be issued for any division unless
such division has been approved as set forth in this Title.
A. No person, owner or responsible party shall do any grading in any areas as described in
Chapter 17-8, Grading Ordinance, without first obtaining a grading permit from the
Building Official.
6. No person, owner or responsible party shall do any grading in any areas as described in
section 17-8-15, Construction Site Erosion and Sediment Control, without first obtaining a
Construction Site Runoff (CSR) Permit from the City.
C. Unless specifically exempted, an application for Sensitive Areas Review must be submitted
to and approved by the City prior to woodland clearing, grading or any development
activity on tracts of land or portions of tracts of land where any regulated sensitive
Planning and Zoning Commission
Recommended Draft
May I5, 2008
features exist, as specified in Article 14-5I, Sensitive Lands and Features. A Sensitive Areas
Review may occur concurrently with Subdivision Review as set forth in this Title.
D. No public improvements shall be installed without approval of construction plans by the
City Engineer or designee.
. .
A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision
without constructing or installing the public improvements, the City shall have the right to
install and construct such improvements. The costs of such improvements shall be a lien
and charge against all the lots in the subdivision under the provisions of the Code of Iowa,
as amended, except the cost of installing sidewalks, which shall be a lien only against the
lot or lots abutting or in front of which sidewalks are installed. The cost of such
improvements need not meet the requirements of notice, benefit or value as provided by
State law for assessing such improvements. The requirement to construct such
improvements is and shall remain a lien from the date of final plat approval until properly
released by the City.
6. When required improvements have been installed to the satisfaction of the City, the City
will, upon request, promptly issue to the subdivider, for recording in the County Recorder's
office, a good and sufficient release to various lots in such subdivisions so that this Section
will not constitute a cloud upon the title of the lots in the subdivision. However, with
regard to the subdivider's obligation to construct stormwater management facilities, the
provisions of paragraphs 1 and 2, below, apply.
i. With respect to a subdivider's obligation to construct stormwater management
facilities, the City shall provide a partial release for the development from any liens or
clouds on title to the development by reason of such stormwater management
obligations, provided the City Engineer certifies that the following conditions and/or
events have occurred:
a. The facilities have been substantially completed;
b. An escrow amount has been established with the City in an amount approved by
the City Engineer, to which the City's lien should attach immediately upon
execution or recording of the partial release;
2. The City agrees to issue a total release for the facilities upon certification by the City
Engineer, in writing, that all of the following events and/or conditions have been
substantially completed:
a. Permanent ground cover is established and moveable;
b. Erosion and sedimentation are controlled in conformance with the approved
plans and specifications;
c. The facilities are complete;
d. All land within the tributary area in the development, or a lesser amount of land
as approved by the City Engineer, has been developed.
4
Planning and Zoning Commission
Recommended Draft
May 1 S, 2008
-. .
A. Modifications of Requirements
Upon recommendation of the Planning and Zoning Commission or on its own motion,
the City Council may vary, modify or waive the requirements of Chapter 3 of this
Title, Subdivision Design and Required Improvements, provided one of the following
qualifying circumstances are met:
a. If the subdivider can demonstrate that strict compliance with the requirements
of Chapter 3 of this Title would result in extraordinary hardship because of
excessive costs due to non-self-inflicted conditions; and if the subdivider can
demonstrate that strict compliance with the requirements of Chapter 3 of this
Title would conflict with the objectives of these subdivision regulations; or
b. If a subdivider can demonstrate that strict compliance with the requirements of
Chapter 3 of this Title would result in subdivision design that would compromise
public health or safety, or could result in the substantial degradation of natural
features even after application of appropriate provisions of Article 14-5I,
Sensitive Lands and Features.
2. City Council may act to vary, modify or waive a requirement only if it finds that the
public safety and interest is protected and that such variance, modification, or waiver
will not hinder development of neighboring properties and that the variance,
modification or waiver will not nullify the intent or purposes of this Title or of other
Titles of the City Code.
B. City Council Action
The City Council must approve any variance, modification, or waiver of the general
requirements set forth in this Title and must note this approval in the resolution approving
the final subdivision plat.
15-1-9 Sellin Before Approval; Penalties
A. Except pursuant to an agreement expressly conditioned on final subdivision approval, it
shall be unlawful for any person or persons to agree to transfer or sell or to transfer or sell
any land which forms a part of a subdivision requiring City Council approval under this
Title before City Council grants final subdivision approval. Each such agreement, transfer
or sale shall be deemed a separate violation.
B. It shall be unlawful for any person or persons to agree to or attempt to transfer or sell, or
to transfer or sell any division which requires approval under this Title without first having
obtained approval by the City. Each such attempt, agreement transfer or sale shall be
deemed a separate violation.
C. In addition to the foregoing, the City may institute injunctive, mandamus or other
appropriate action or proceedings to prevent any pending sale or transfer or to prevent
any further sale or transfer in violation of this Title.
Planning and Zoning Commission
Recommended Draft
May I5, 2008
1
Any violation of this Title shall be considered a simple misdemeanor or Municipal infraction or
environmental infraction as provided for in Title 1, Chapter 4 of the City Code and shall be
subject to the penalties specified in 1-4-2D, except for environmental infractions, which shall be
subject to the penalty for same as specified in 1-4-2B-2, as amended. Each day that a violation
occurs and/or is permitted to exist constitutes a separate offense, and civil and/or criminal
penalties shall be computed accordingly.
Planning and Zoning Commission
Recommended Draft
May 1 S, 2008
CHAPTER 2. PLATS AND PLATTING PROCEDURES
15-2-1 Concept Plan
A. Applicability
Whenever the owner of any tract or parcel of land within the corporate limits of the City or
within 2 miles thereof wishes to make a subdivision of the same, the owner or the owner's
representative shall submit a concept plan to the Department of Planning and Community
Development for review prior to submission of a preliminary plat.
B. Submission Requirements
The concept plan must include the following information:
i. The proposed layout of streets, lots, location of stormwater facilities, and open space.
2. General topography, based on existing topographic maps or other resources. The
property is not required to be surveyed at the concept plan stage.
3. Approximate footprints of any existing above-ground man-made features located on
the subject property, including buildings and other structures, streets, sidewalks, etc.;
4. Surrounding land uses and approximate location of building footprints on abutting
properties;
5. Sensitive features, including streams, wooded areas, known wetlands or potential
wetlands, known archeological sites, etc.
6. Other necessary information pertaining to the existing conditions of the property, as
requested by the City.
C. Review of concept plan
i. Upon receipt of a concept plan the Department of Planning and Community
Development shall review the concept plan in the context of the standards of this
Title, other City Code requirements, and Comprehensive Plan policies, and will have
the discretion to solicit comments from other city departments.
2. The Department of Planning and Community Development will provide general
written comments to the applicant within 20 business days of receipt of the concept
plan based on the information submitted by the applicant. These comments are
intended to provide guidance to the applicant in preparing the preliminary plat and
are not to be construed as comprehensive with regard to compliance with the City
Code.
3. The Preliminary Plat shall not be filed until said written comments regarding the
concept plan are provided to the applicant.
A. Submission Required; Waiver
1. After conferring with the Department of Planning and Community Development on
the concept plan, the owner or owner's representative shall submit to the City Clerk
Planning and Zoning Commission
Recommended Draft
May 1 S, 2008
twelve (12) copies of a preliminary plat for consideration. This submission must
include accurate and complete information as set forth in subsection 15-2-2B, below.
2. The City Manager or designee(s) will check the application for accuracy and
completeness. A "complete application" shall mean the following:
a. A plat with accurate measurements and dimensions and easements identified;
and
b. All information as specified in 15-2-2B, below, has been submitted;
3. The applicant will be notified of deficiencies and/or discrepancies or if an application
is incomplete. If an application is found to be incomplete, the City will inform the
applicant and reserves the right to discontinue staff review until a complete and
accurate application is filed. The start date for any applicable time limitations for the
application under review will be the date when a complete application is submitted.
4. The City may waive submission of the preliminary plat if the final plat includes all the
requirements of the preliminary plat.
B. Plat Specifications and Accompanying Information
i. The preliminary plat shall be drawn to the scale of one inch to 50 feet (1" = 50');
however, if the resultant drawing would be larger than 24 inches by 36 inches (24" x
36"), the plat shall be submitted at a scale of one inch to 100 feet (1" = 100'). In
addition, a digital version of the plat must be submitted as per City specifications.
Each plat must include the following information:
a. Legal description, acreage and name of proposed subdivision;
b. Name(s) and address(es) of owner(s) and subdivider;
c. Names of the persons who prepared the plat, owner's attorney, representative
or agent, if any, and date of preparation;
d. North point and graphic scale;
e. Contours at 5-foot intervals or less;
f. Locations of existing lot lines, streets, public utilities, water mains, sanitary
sewers, storm sewers, drainpipes, culverts, watercourses, bridges, railroads,
buildings, storm water detention facilities and any other public improvements in
the proposed subdivision.
g. The existing streets and City utilities on adjoining properties.
h. Layout of proposed blocks (if used) and lots, including the dimensions of each,
and the lot and block number in numerical order. For lots where the lot width is
different from the lot frontage, the lot width must be indicated on the plat.
i. Location of any proposed outlot(s), identified with progressive letter
designations, and the purpose of said outlot(s) clearly specified on the plat.
j. Proposed location of clustered mailboxes.
k. Location and widths, other dimensions and names of the proposed streets,
alleys, roads, utility and other easements, parks and other open spaces or
reserved areas.
Planning and Zoning Commission
Recommended Draft
May 15, 2008
1. Grades of proposed streets and alleys.
m. Across-section of the proposed streets showing the roadway locations, the type
of curb and gutter, the paving and sidewalks to be installed.
n. The proposed layout and size of water mains and sanitary sewers.
o. Proposal for drainage of the land, including proposed storm sewers, ditches,
swales, bioswales, rain gardens, culverts, bridges, storm water management
facilities and other structures.
p. A signature block for endorsement by the City Clerk certifying the City Council's
approval of the plat.
2. The preliminary plat shall be accompanied by the following information:
a. A location map with north point showing an outline of the area to be subdivided.
b. A grading plan, including proposed methods for the prevention and control of
soil erosion, pursuant to the Grading Ordinance, Chapter 17-8 of the City Code.
c. If access to State routes is proposed, the plat must be submitted to the Iowa
Department of Transportation for review. Comments from the Iowa Department
of Transportation must be submitted with the proposed plat.
d. For properties containing regulated sensitive features as specified in Article 14-
5I of the City Code, a Sensitive Areas Development Plan must be submitted as
set forth in Article 14-5I.
C. Fees
A fee shall be paid at the time the preliminary plat or any combination of preliminary plats
and/or plans is submitted to the City Clerk, in the amount established by resolution of the
City Council.
D. Review of Plat; Approval or Disapproval
i. Upon filing the preliminary plats as required by this Section, the City Clerk shall
forward 11 copies of the preliminary plat to the Department of Planning and
Community Development.
2. The Department of Planning and Community Development shall distribute said copies
to the appropriate City Departments for review as designated by the City Manager.
3. Said designee(s) shall examine the plat and application to insure compliance with the
requirements of this Title, other relevant provisions of the City Code, Comprehensive
Plan policies and with State law. Upon completion of examination, the Department of
Planning and Community Development shall forward a written report, including
recommendations, to the Planning and Zoning Commission. No plat shall be
forwarded to the Planning and Zoning Commission with more than six (6)
deficiencies.
4. Following stafF evaluation, the owner or owner's representative must submit ten (10)
revised copies of the plat for distribution to the Planning and Zoning Commission.
5. The Commission shall study the revised preliminary plat, review the application of the
owner and review the report from the Department of Planning and Community
Development.
9
Planning and Zoning Commission
Recommended Draft
May 1 S, 2008
6. The Commission shall recommend approval or disapproval of the plat within 45
calendar days of the date the City receives a complete application, or the preliminary
plat shall be deemed to be approved by the Commission. The owner or owner's
representative may, however, agree to an extension of time.
7. After receipt of the recommendation of the Commission or after the time of any
extension has passed, the City Council shall, by resolution, approve or disapprove the
preliminary plat.
E. Effect of Approval
Approval of a preliminary plat by the City Council does not constitute approval of the
subdivision but merely authorizes the subdivider to proceed with the preparation of the
final plat. In the event the City Council approves the preliminary plat and the final plat
submitted does not materially and substantially deviate from the preliminary plat and if
inspection by the City reveals that all plans and specifications for construction of
improvements, as required by the City, have been met, the final plat shall be approved by
the City Council. Approval of the preliminary plat shall be effective for a period of 24
months unless, upon written request of the owner or subdivider, the City Council, by
resolution, grants an extension of time. If the final plat is not filed with the City Clerk
within 24 months, all previous actions of the City Council with respect to the plat shall be
deemed null and void.
15-2-3 Final Plat
A. Submission Required
i. After approval of a preliminary plat or if the requirement for preliminary plat has been
waived by the City Council, the owner or owner's representative shall submit to the
City Clerk twelve (12) copies of a final plat for review. Said final plat must be
submitted to the City Clerk within 24 months of approval of the preliminary plat,
unless an extension has been approved by the City Council. This submission must
include accurate and complete information as set forth in 15-2-3B and 15-2-3C,
below.
2. The Department of Planning and Community Development will check the application
for accuracy and completeness. A "complete application" shall mean the following:
a. A final plat with accurate measurements and dimensions, and with easements
correctly identified;
b. An accurate legal description;
c. All required legal documents and accompanying instruments as specified in 15-
2-36 and 15-2-3C, below;
d. Construction plans according to the specifications of the City Engineer;
3. The applicant will be notified of deficiencies and/or discrepancies or if an application
is incomplete. If an application is found to be incomplete, the City will inform the
applicant and reserves the right to discontinue staff review until a complete and
accurate application is filed. The start date for any applicable time limitations for the
application under review will be the date when a complete application is submitted.
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4. Upon approval by the City, a final plat may include only a portion of the development
illustrated on the preliminary plat if that portion can function as a separate
development, including access and utilities, and if no essential public infrastructure
extensions are delayed. Whether or not said infrastructure is essential in nature shall
be determined by the City.
5. The applicant shall note any variations from the approved preliminary plat. Requests
for minor changes that do not constitute substantive changes may be approved
administratively without requiring an amendment to the preliminary plat. Substantive
changes, including but not limited to the layout and location of streets, lots, and
outlots, changes to the proposed uses of the various lots and outlots, and other
similar changes that would result in a substantive change to the character of the
subdivision may result in the necessity to file an amended preliminary plat.
B. Specifications
The final plat shall meet the following specifications:
1. The plat shall be drawn to the scale of one inch to 50 feet (1" = 50'); provided,
however, if the resultant drawing would be of larger dimension than 24 inches by 36
inches (24" x 36"), the plat shall be submitted at a scale of one inch to 100 feet (1" _
100').
2. Twelve (12) prints of the final plat shall be submitted showing the following
information:
a. Accurate property boundary lines, with dimensions and bearings or angular
dimensions, which provide a land survey of the tract, closing with an error of
not more than one foot in 10,000 feet.
b. Accurate references to known permanent monuments, giving the bearing and
distance from some corner of a lot or block in the City to some corner of the
congressional division of which the City or the addition thereto is a part.
c. Accurate locations of all existing and recorded streets intersecting the property
boundaries of the tract.
d. Accurate legal description of the property boundaries.
e. Street names and street right-of-way widths.
f. Complete curve notes for all curves included in the plat.
g. Street center lines with accurate dimensions in feet and one-hundredths of feet
with bearings or angular dimensions to street, alley and lot lines.
h. Lot numbers and lot line dimensions. For lots where the lot width is different
from the lot frontage, the lot width must be indicated on the plat.
i. Block numbers, if used.
j. Accurate dimensions for any property to be dedicated or reserved for public,
semi-public or community use.
k. Location, type, material and size of all markers.
1. Name and street address of the owner and subdivider.
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m. Name and street address of owner's or subdivider's attorney, name of persons
who prepared the plat and the date of preparation.
n. North point, scale and date.
o. Certification of the accuracy of the plat by a registered land surveyor of the
State.
p. Location and width of easements for utilities.
q. Certification by the utility companies that utility easements are properly placed
for the installation of utilities.
r. A signature block for endorsement by the City Clerk certifying the City Council's
approval of the plat.
s. A note on the plat stating, "notes on this plat are not intended to create any
vested private interest in any stated use restriction or covenant or create any
third party beneficiaries to any noted use restriction or covenant.
3. The applicant shall submit a digital version of the final subdivision plat as part of the
application process. Once the plat has been approved by the City Council, a final
copy of the digital version of the plat shall be submitted to the City Engineering
Department. Said final digital copy shall be compatible with the Johnson County
Geographic Information System and City of Iowa City mapping system. Specific
formats, procedures, and methods needed to meet this requirement will be updated
as changes in technology occur.
C. Accompanying Documents
The final plat shall also be accompanied by the following documents:
i. Owner's Statement
An acknowledged statement from the owner and the owner's spouse, if any, that the
subdivision as it appears on the plat is with their free consent and is in accordance
with the desires of the proprietor and the proprietor's spouse. This statement may
include the dedication to the public.
2. Dedications
Dedication of streets and other public property, including perpetual easements for the
installation, operation and maintenance of City utilities.
3. Mortgage Holder's or Lienholder's Statement
An acknowledged statement from mortgage holders or lienholders that the plat is
prepared with their free consent and in accordance with their desire, as well as a
release of mortgage for any areas dedicated to the public.
4. Encumbrance Certificates
If there is no consent from the mortgage holders or lienholders as specified in 3,
above, and if the land being platted is encumbered in the manner set out in the Code
of Iowa, as amended, a certificate shall be filed with the County Recorder showing an
encumbrance bond in an amount double the amount of the encumbrance and
approved by the Recorder and Clerk of the District Court. The bond shall run to the
County for the benefit of the purchasers of the land subdivided.
5. Attorney's Opinion
An opinion from an attorney at law showing that the fee title is in the owner and that
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the land platted is free from encumbrance or if encumbered, listing the
encumbrances and the bonds securing the encumbrances.
6. Construction Plans
A complete set of construction plans for all public improvements, meeting City
specifications, must be submitted to the City Engineer's OfFce.
7. County Treasurer's Certificate
A certified statement from the County Treasurer that the land being platted is free
from taxes.
8. County Auditor's Certificate
A certified statement from the County Auditor approving of the name or title of the
subdivision as succinct and unique to Johnson County.
9. Sulxlivider's Agreement
a. An agreement executed by the subdivider which agrees, as a covenant running
with the land, that the City shall not issue a building permit for any lot in the
subdivision until the subdivider installs the public improvements, except
sidewalks, according to plans and specifications approved by the City Engineer
and until the City Engineer approves subdivision erosion control measures. If the
subdivider desires a building permit prior to installing the improvements, the
owner must deposit with the City Finance Department an escrow equal to the
cost of improvements plus 10 percent thereof in cash or an irrevocable letter of
credit payable to the City in a form approved by the City Attorney. At the City's
discretion, this escrow may be divided by the number of lots in the subdivision
and collected on a per lot basis prior to the issuance of a building permit.
Subdivider must further agree, as a covenant running with the land, that
subdivider will install sidewalks abutting each lot in the subdivision as set forth
in this Title, that the obligation to install the sidewalks remains a lien on the lots
abutting the sidewalk until released by the City and that, in the event subdivider
fails to install the sidewalks, the City may install the sidewalks and assess the
total cost against the properly without meeting the requirements of notice,
benefit or value required by State law for assessing improvements.
b. The subdivider's agreement shall state that the subdivider, including its
grantees, assignees and successors in interest, agrees that public services,
including but not limited to street maintenance, snow and ice removal and solid
waste collection, will not be extended to such subdivision until the pavement is
completed and accepted by the City Council by resolution.
c. The subdivider's agreement shall state: "Plat notes and surveyor's notes on plats
serve to provide notice of how a subdivision is expected to develop. Said notes
are not intended to create any vested private interest in any stated use
restriction or covenant, or create any third party beneficiaries to any noted use
restriction or covenant. The City reserves the right, in its sole discretion, subject
to any applicable public notice and approval process required by law, to alter or
amend any plat note, or to sell or vacate any right-of-way, street, alley, park,
easement, open area or other land set apart and dedicated for public use within
the plat. The City further reserves the right, upon request of the owner or
successor in interest, to vacate the plat and/or relocate any easement, alter lot
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boundaries or allow said land to be replatted subject to any applicable public
notice and approval process required by law."
d. The subdivider's agreement may include other conditions peculiar to the
subdivision as allowed by law.
10. Iowa Department of Transportation Permits
Approved IDOT permits must be submitted, if required.
D. Review; Approval or Disapproval
1. Upon the filing of the final plat as set forth above, the City Clerk shall submit it
copies of the final plat and the application to the Department of Planning and
Community Development.
2. The Department of Planning and Community Development shall distribute said copies
to the appropriate City Departments for review as designated by the City Manager;
3. Said designee(s) shall examine the application, the plat, the construction plans, and
the legal documents to insure compliance with the requirements of the City Code,
State law, and the preliminary plat.
4. The costs of engineering examination of final plat and construction plans shall be
paid by the subdivider and shall be the actual costs of the engineering examination
and review as incurred by the City.
5. Upon completion of said review staff shall recommend approval or disapproval of the
plat within 45 calendar days of the date the City received a complete application, or
the final plat shall be deemed to be approved by the staff. The owner or subdivider
may, however, agree, in writing, to an extension of time.
6. Following staff evaluation, the owner or owner's representative shall submit a digital
version, a transparent reproducible copy and 8 prints of the revised final plat with the
signatures of the surveyor and the respective utility companies to the City Clerk.
7. After receipt of the recommendation of the staff or after the time of any extension,
the City Council shall, by resolution, approve or disapprove the final plat. The City
Council must take action on the final plat within 60 calendar days of submission of a
complete application for a final plat to the City Clerk. If the City Council does not
approve or disapprove the plat within 60 calendar days, the final plat shall be
deemed approved. The owner or subdivider may, however, agree, in writing, to an
extension of time.
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CHAPTER 3. DESIGN STANDARDS AND REQUIRED
IMPROVEMENTS
15-3-1 General Requirements
A. Design of the subdivision shall comply with the standards of this Chapter, provide for the
orderly growth and development of the City, demonstrate consistency with the Iowa City
Comprehensive Plan and any specific adopted district plans, and take into consideration
the natural features of the site and patterns of adjacent development.
B. The subdivider of property shall be responsible for constructing all public improvements
associated with the proposed subdivision according to City Code, unless exempted from
such requirements according to the provisions herein.
C. Public improvements, as defined in this Title, shall be constructed and installed according
to the standards established by the City. Copies of said standards are on file in the office
of the City Engineer.
15-3-2 Streets and Circulation
A. Connectivity of Streets, Sidewalks, and Trails
Subdivisions shall provide for continuation and extension of arterial, collector and local
streets, sidewalks and trails in accordance with the following standards.
i. Arterial streets must be located and extended in general accordance with the JCCOG
Arterial Street Plan and Iowa City Comprehensive Plan.
2. All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails
within the development, and to the property line to provide for their extension to
adjacent properties. Each subdivision must contribute to the larger interconnected
street pattern of the City to ensure street connectivity between neighborhoods,
multiple travel routes resulting in the diffusion and distribution of traffic, efficient
routes for public and emergency services, and to provide direct and continuous
vehicular and pedestrian travel routes to neighborhood destinations.
3. The road system shall be designed to permit the safe, efficient, and orderly
movement of vehicular and pedestrian traffic; to meet the needs of the present and
future population served; to have a simple and logical pattern and allow that pattern
to continue through adjacent properties; and to respect natural features and
topography.
4. Use of cul-de-sacs and other roadways with a single point of access should be
avoided. Cul-de sacs will be considered where it can be clearly demonstrated that
environmental constraints, existing development, access limitations along arterial
streets, or other unusual features prevent the extension of the street to the property
line or to interconnect with other streets within or abutting the subdivision.
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B. Minimum Access Standards
Adequate street access to an area or neighborhood is required as part of subdivision
approval or prior to the approval of additional subdivision lots. The standards in this
subsection are intended as minimum standards in areas where connectivity is limited by
topography, previous development patterns, or other unusual features and shall not be
used as a means of circumventing the street connectivity standards set forth in subsection
A, above. The following guidelines will be used by the City in determining whether
additional street access is a prerequisite to additional lots or developable parcels being
approved by the City.
1. Additional access may be required if a proposed development will result in any
portion of a street that provides a single means of access to an area being
overburdened with traffic. 'Overburdened' shall be defined as a projected volume
which exceeds the midpoint design volume as follows:
a. Local street: 500 vehicles per day
b. Collector street: 2,500 vehicles per day
2. Projected traffic volumes shall be determined by using the most recent Average Daily
Traffic count when available, and adding it to projected traffic generation as
determined by the City. In the absence of a recent traffic count, projected traffic
volumes shall be calculated by using projected traffic generation for both existing and
proposed development.
3. Additional means of access may also be required if any of the following conditions
exist or will exist if additional lots or developable parcels are approved:
a. There are physical features that may increase the probability of blockages along
the single means of access to the development. These physical features include
but are not limited to: slopes 8% or greater; floodplains as designated by the
Federal Emergency Management Agency; a bridged or culverted roadway; trees
adjacent to the roadway with trunk diameter greater than four inches; a grade
separated highway; or a railroad.
b. The existing access is insufficient to provide efficient, safe, and/or cost-effective
routes for the provision of public and emergency services for the proposed
development.
c. The street, which provides a single means of access to the area, is a local or
collector street along which there are existing or proposed facilities that may
increase the probability of pedestrian-motor vehicle conflicts. These facilities
include but are not limited to schools, daycare centers and parks.
d. There are land uses located along the subject street that serve special
populations, which may increase the volume of emergency vehicle trips. These
uses include but are not limited to adult daycares, facilities serving elderly
persons, or persons with disabilities.
4. For a situation requiring additional means of access based on the above criteria, a
single means of access may be permitted as a temporary condition. A temporary
condition is one in which there is secured, written assurance from the private
subdivider that the road, which will provide the necessary access, will be constructed
within three years of development or, alternatively, said access is scheduled for
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construction no later than the third year of the then current Capital Improvements
Program of the City.
C. Street Types
Table 15-1, Standards for Street Rights-of-Way, provides a summary of various street
types. The information in this table is intended to provide guidance for the design of the
street network within a subdivision. When designing a subdivision, street types should be
chosen based on the intended function of the street and anticipated level of traffic. The
City will review the proposed streets and determine the appropriate street type based on
the factors set forth in this section.
D. Dedication of Right-of-Way
Land shall be dedicated to the City for all public street rights-of-way within the
development and for any public street right-of-way that is needed for streets that abut or
will abut the development.
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Table 15-1: Standards for Street Ri hts-of-Wa
Minimum 'Pavement width # Travel Parking Maximum Sidewalk
Right-of--way Lanes Grade Width
width
Residential Alle /Rear.Lane 20 ft. 16 ft. 2 No 12% N/A
Commercial Alley/)2ear Lane 20 ft. minimum 20 ft., varies 2 No 10% N/A
/ varies
Loop Streetr 100 R 22 ft. 1 shared Yes, on one 10% 4 ft.
minimum / side residential
varies; side of
street onl
Low volume Cul-de-sac 50 R 22 ft. 1 shared Yes, on one 10% 4 ft. both
side sides
Gul-de-sac 60 ft. 26 or 28 ft 2 Yes 10% 5 ft. both
sides
Local Residential,Streef 60 ft. 26 or 28 ft. 2 Yes 12% 5 ft. both
sides
Local Co~nmerciaVIndustrial '~~~ 60 ft. 28 ft. 2 Yes 8% 5 ft. both
Street sides
Collector Street (all land uses).- 66 ft. 31 ft. 2 Yes 10%for 5 ft. both
residential; sides
8 %for
commercial
or industrial
Collector Street w/ bike lanes 66 ft. 34 ft. 2 No 8% 5 ft. both
sides
!2-lane Arterial Street 100 ft. 31 ft. 2 No 8% 8 ft. one
minimum side / 5 ft.
one side
Arterial Streef w/'bike lanes ' 100 ft. 34 ft. 2 No 8% 8 ft. one
minimum side / 5 ft.
one side
'4-lane Arterial Street " 100 ft. 54 ft./varies 4 No 8% 8 ft. one
,~; ." minimum depending if side / 5 ft.
median is included one side
Arterial Street w/ parking 'y ~'° 100 ft. varies, based on 2 Yes 8% 8 ft. one
minimum; more number of lanes side / 5 ft.
~`' may be required and whether one side
depending on parking is parallel
parking or angled.
confi uration
3-lane Arterial Street 100 ft. 46 ft., /varies 3 No 8% 8 ft. one
minimum depending if side / 5 ft.
median is included one side
Loop streets provide access for 12 or fewer dwellings.
z Low volume cul-de-sacs provide access to 10 or fewer single family dwellings
s For residential streets with less than 28 feet of avement width, arkin is restricted to one side.
E. Measurements and Construction Standards
1. All right-of-way improvements must be designed and constructed according to the
design and construction standards established by the City. Said standards are on file
in the office of the City Engineer.
2. All street widths shall be measured back-of-curb to back-of-curb.
3. The minimum outside radius of the pavement of cul-de-sac bulbs and loop streets is
39 feet. A center median is required at the center of the cul-de-sac bulb with a
minimum radius of 11 feet. For loop streets a median is also required with a
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minimum width of 30 feet. In residential areas, center medians for cul-de-sacs and
loop streets are required to be landscaped to at least the S1 standard as described in
Article 14-5F, Screening and Buffering Standards. The subdivider's agreement shall
designate and set forth procedures for property owners or a homeowner's association
to maintain the landscaped area within the center median of loop streets and cul-de-
sacs. Said instrument shall provide that if said services are not provided as required
therein, the City shall have the right to perform said services, and the cost thereof
shall be a lien and charge against all of the subject lots.
F. Street Intersections
i. A maximum of four legs are allowed at any one intersection.
2. The distance between street intersections must be at least 125 feet centerline to
centerline.
3. Intersections of street center lines shall be between 80~ and 100.
4. Corner lots abutting on an arterial or collector street shall have a minimum radius of
fifteen feet (15') at the intersection.
5. Dead end streets and alleys are not permitted except at subdivision boundaries
abutting undeveloped areas. In such cases a temporary fire-apparatus
accommodating turn-around may be required and, if required, must be constructed
to City specifications.
G. Traffic Calming Features
i. The street network, block length, and layout of lots should be designed in a manner
that discourages speeding traffic and unsafe driving behavior.
2. In order to minimize the potential for speeding traffic and create a safer environment
for pedestrians and bicycles, the City may also, in cases where it is warranted,
require traffic calming features to be designed into the subdivision. These features
may include but are not limited to discontinuous streets, curb extensions, raised
crosswalks, medians, or traffic circles.
H. Street Names
The City reserves the right to deny the use of street names that are not in the public
interest. Street names must be consistent with the following standards, unless an
exception is approved by the City:
i. In order to ensure safe an efficient provision of public and emergency services, each
proposed street name shall be distinct from other street names within the larger
metropolitan area;
2. Street names that are overly lengthy, difficult to pronounce, or that may be
considered inappropriate or unappealing shall be avoided;
3. For new streets, the following rules apply:
a. The term "street," should be used for anon-dead-end roadway aligned in a
north-south direction.
b. The term "avenue" should be used for anon-dead-end roadway aligned in an
east-west direction;
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Planning and Zoning Commission
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c. The term "boulevard," "road," or "drive" may be used for a roadway that is
aligned neither in a north-south nor east-west direction, but which changes
direction or meanders;
d. The terms "lane," "court," or "circle," or "place" should be used for cul-de-sacs
or low volume loop streets.
4. Cul-de-sacs or low volume loop streets may use the same name as the roadway with
which it intersects. For example, a cul-de-sac that intersects with Rose Avenue may
be named "Rose Court." However, if more than one cul-de-sac or loop street
intersects with Rose Avenue, an additional "Rose" name may not be used.
5. Similar names may not be used for streets that are in different locations within the
city. For example, the name, "Rose Drive," may not be used in one neighborhood, if
there is already a "Rose Avenue" in a different neighborhood.
I. Private Streets
i. Private streets in single family residential areas are not allowed.
2. Requests for private streets in multi-family, commercial, and industrial areas will be
considered, provided that connectivity to adjacent properties is not needed and the
responsibilities for maintenance, snow removal, garbage service, and street sweeping
is clearly established according to the provisions of paragraph 3., below.
3. If private streets are approved, the subdivider must submit a legally binding
instrument setting forth the procedures to be followed for maintaining private streets
and providing garbage service, snow removal, street sweeping, and for financing
these services. Such costs shall be shared by all owners of property located within
the subdivision, or designated portion thereof, through the use of an owners
association or other entity satisfactory to the City. Said instrument shall provide that
if said services are not provided as required therein, the City shall have the right to
perform said services, and the cost thereof shall be a lien and charge against all of
the owners of lots so designated in the subdivision.
7. Cost sharing for pavement overwidth
In the event arterial or collector streets are required in a subdivision, the City shall pay for
the excess pavement required over that required fora 28-foot wide local street. The City
Engineer shall calculate the excess cost. Such cost-sharing shall be according to the
procedure set forth by the City Manager. Any payment for pavement overwidth by the City
shall be pursuant to State law.
K. Cost sharing for street upgrades
i. At the discretion of the City, subdivisions may be approved that access existing public
streets that do not meet City standards, provided the subdivider contributes toward
the future reconstruction cost of bringing the segment of the subject street that
abuts the subject property to City standards. When determining whether such an
approval will be granted, the City will evaluate the street based on factors such as
roadway surface, sight distance, anticipated traffic levels, and pedestrian/bicycle
facilities. If the City permits a development to access a street that does not meet
City standards, the subdivider shall contribute to the cost as follows:
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Planning and Zoning Commission
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a. Local Streets
Local streets are streets that serve as access to property and carry insignificant
amounts of through traffic. Therefore, the subdivider shall pay 100% of the
cost of upgrading a local street to City standards for that segment of the street
that abuts the subject property. If the subdivider controls land on only one side
of a local street, they will be required to contribute 50% of the cost of
upgrading the subject street segment to City standards. The City will expect the
subdivider of property on the other side of the street to contribute the other
50% of the costs at such time as that land is subdivided/developed. Costs to
reconstruct the street will be determined by the City Engineer.
b. Collector Streets
Collector streets are streets that collect traffic from a subdivision or
neighborhood, and direct it to and from the arterial street. The function of a
collector street is 50% access to property, and 50% through traffic. Therefore,
the subdivider will be required to contribute 50% of the cost to upgrade a
collector street to City standards for that segment of the street that abuts the
subject properly, with the City contributing the other 50%. If a subdivider
controls land on only one side of the collector street, they will be required to
contribute 25% of the total cost for the subject street segment. The City will
expect the subdivider on the other side of the collector street to contribute the
other 25% of the cost at such time as that land is subdivided/developed. Costs
to reconstruct the street to City standards will be determined by the City
Engineer.
c. Arterial Streets
Arterial streets have the primary function of carrying traffic through and
between neighborhoods. The function of an arterial street is 25% access to
property, and 75% through traffic. Therefore, the subdivider will be required to
contribute 25% of the cost to upgrade an arterial street to City standards for
that segment of the street that abuts the subject property, with the City
contributing the other 75%. If a subdivider controls land on only one side of
the arterial street, they will be required to contribute 12.5% of the total cost of
the subject street segment. The City will expect the subdivider on the other
side of the arterial street to contribute the other 12.5% of the cost at such time
as that land is subdivided/developed. Costs to reconstruct the street to City
standards will be determined by the City Engineer.
Public sidewalks, trails, and pedestrian connections shall be constructed in the public right-of-
way according to the following standards:
A. Sidewalks, trails, and pedestrian connections shall be constructed according to City
standards. Said standards are on file in the Office of the City Engineer.
B. Five-foot-wide concrete sidewalks must be constructed along both sides of all local and
collector streets, except for connections to existing sidewalks as provided in subsection D,
below. For low volume and loop streets, as described in Table 15-1, the required sidewalk
width may be reduced to four feet.
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C. Along arterial streets, afive-foot sidewalk is required on one side of the street and an 8-
foot sidewalk on the other side, except as allowed in subsection D, below. The City will
determine on which side of the street the 8-foot sidewalk will be placed. When an 8-foot
sidewalk is required, the City, at its discretion, will either pay for the excess pavement
required for the developer to install an 8-foot sidewalk rather than 5-foot sidewalk, or
collect the estimated cost of the 5-foot sidewalk from the developer and apply said cost to
construction of an 8-foot sidewalk by the City. Any payment of excess pavement costs by
the City shall be pursuant to State law.
D. In cases where the proposed sidewalk provides a connection between existing sidewalks
that are less than the required width, the proposed sidewalk may be constructed to match
the width of the adjacent sidewalks. However, this modification is not allowed in cases
where one end of the proposed sidewalk will provide a connection to future sidewalks for
new development. In such a case, the sidewalk should be tapered to provide a transition
between differing sidewalk widths. The City will determine where along the street the
transition should occur.
E. All sidewalks and trails must connect to other sidewalks and trails within the development
and to the property line to provide for their extension to adjacent properties.
F. The subdivider will be responsible for the construction of a public sidewalk along the
frontage of private open space, public open space required to be dedicated to the City
according to the Article 14-5K, Neighborhood Open Space Requirements, and along the
frontage of other outlots as necessary for a continuous sidewalk system to be created.
G. In residential subdivisions, blocks longer than 600 feet must have mid-block pedestrian
connections between adjacent streets, unless said connection is deemed to be
unnecessary and is waived by the City. At the time of subdivision, these connections must
be platted as minimum 15-foot-wide easements; if the connecting sidewalk is greater than
5 feet in width, the easement must be at least 20-feet wide. Within this easement a
sidewalk must be constructed to City standards that is equal in width to the sidewalks to
which it provides a connection. If the mid-block sidewalk connects to sidewalks of two
different widths, the mid-block sidewalk must be equal in width to the wider sidewalk. The
area and sidewalk within the pedestrian easement must be maintained by adjacent
property owners according to the subdivider's agreement in a manner similar to
maintenance requirements for public sidewalks.
H. Where a trail extension, as identified in the Comprehensive Plan or an adopted trails plan,
is located on the subject property, the City may require an easement or alternatively, may
require dedication of an outlot for the trail. Construction of the trail or portion of a trail
may also be required in instances where said trail or portion of a trail primarily serves the
needs of the proposed subdivision/development. In this situation, the trail will be treated
as a public improvement. Dedication of land for a trail extension shall count toward the
open space requirement for the development, provided said land is consistent with the
standards for open space as set forth in Article 14-5K of the City Code and provided said
land dedication is acceptable to the City.
22
Planning and Zoning Commission
Recommended Draft
May I5, 2008
• • ~ •
A. Blocks
1. Blocks should be limited in size and be laid out in a pattern that ensures the
connectivity of streets, provides for efficient provision of public and safety services,
and establishes efficient and logical routes between residences and non-residential
destinations and public gathering places.
2. To provide multiple travel routes within and between neighborhoods, block faces
along local and collector streets should range between 300 and 600 feet in length
and for residential subdivisions have a width sufficient to accommodate two tiers of
lots. Longer block faces may be allowed in cases of large lot commercial, industrial,
or rural residential development, or where topography, water features, or existing
development prevents shorter block lengths, although mid-block pedestrian
connections may be required (See Section 15-3-3, above). Block faces are measured
from centerline to centerline.
3. Block faces along arterial streets should be at least 600 feet in length. Intersecting
collector streets should be spaced in a manner that provides adequate connectivity
between neighborhoods, but also maintains the capacity of the street for the safe
and efficient movement of traffic. Longer block faces may be required along high
capacity or higher speed arterial streets where the interests in moving traffic
outweigh the connectivity between areas of development. The City may approve
shorter block faces in high density commercial areas or other areas with high
pedestrian counts.
4. Cul-de-sacs may not exceed 900 feet in length. The length of a cul-de-sac is
measured from the center line of the street from which it commences to the center of
the bulb.
B. Lots
i. Lots must be platted in a manner that will allow development that meets all
requirements of Title 14: Zoning. Lots must be of sufficient size to accommodate an
adequate buildable area and area for required setbacks, ofF-street parking, and
service facilities required by the type of use and development anticipated.
2. Lots with multiple frontages must be platted large enough to accommodate front
setback requirements along street-side lot lines.
3. If a properly with frontage along an arterial street is proposed to be subdivided,
developed or redeveloped for any Multi-Family, Group Living, Commercial,
Institutional or Industrial Use, across-access easement must be provided by the
property owner to all adjoining properties that front on the same arterial street that
are or may be developed as Multi-Family, Group Living, Commercial, Institutional
Use, or Industrial Uses according to the cross access standards set forth in section
14-5C-7 of the City Code.
4. In residential areas, double- and triple-frontage lots shall be avoided. Where such lots
are necessary to overcome specific disadvantages of topography, land features, or
access restrictions, the following standards apply:
23
Planning and Zoning Commission
Recommended Draft
May I5, 2008
a. Lots with multiple frontages shall be 125% of the required lot area for the zone
in which the lot is located. The additional required lot area shall be used to
increase the depth of the lot between street frontages. Corner lots with only two
frontages are exempt from this requirement, however, said corner lots should
be platted with enough land area to accommodate the required front setback
area along both frontages.
b. Double and triple frontage lots where dwellings will have side or rear building
facades oriented toward an arterial street shall provide a minimum 20-foot wide
landscaped buffer area along the arterial street frontage. The buffer area shall
be planted with a mixture of coniferous and deciduous vegetation approved by
the City Forester. The vegetation shall be required along with other public
improvements for the property. Lots where dwellings will have front building
facades oriented toward an arterial street are exempt from this requirement. If
a buffer area was required during subdivision, no solid fences will be allowed
within this buffer area. This restriction must be noted in the subdivider's
agreement and on the plat. On corner lots, the landscaping within the buffer
must be planted and maintained to comply with intersection visibility standards.
5. Side lot lines shall approximate right angles to straight street lines or be
approximately radial to curved street lines, except where a variation will provide a
better street and lot layout. For purposes of this subsection, "approximate right
angles" means angles between 80~ and 100.
6. Residential lots shall not be designed with irregular shapes such as a flag or
panhandle shape where the structure on the lot may be hidden from the street
behind another structure.
7. In residential subdivisions, lots must be arranged to allow easy access to public open
space. The subdivision layout should be designed so that the location and access to
public open space is readily apparent to the public. Subdivision layouts where public
open space is surrounded by private lots that back up to the public open space are
discouraged. Techniques, such as single-loaded streets along park edges or along
segments of park edges and well-marked trail easements are to be utilized to satisfy
this requirement.
C. Provisions to Minimize the Effect of Highway Noise
Subdivisions adjacent to or within 300 feet of the Interstate 80 and/or the Highway 218
rights of way shall comply with the following provisions, intended to reduce the effect of
highway noise on residential areas.
i. Any portion of a residential lot that is within 300 feet of the Interstate 80 or Highway
218 right-of-way shall be identified as a noise buffer, and no residential structure will
be permitted within this 300-foot buffer area. The buffer area shall be planted with a
mixture of coniferous and deciduous vegetation approved by the City Forester. The
vegetation shall be required along with other public improvements for the property.
Existing trees and vegetation may be used to comply with this requirement as
approved by the City Forester. Accessory structures and yards are permitted within
the 300-foot buffer area provided the required vegetative buffer is maintained.
2. The 300-foot buffer for residential structures may be reduced with approval by the
City if the subdivider constructs an earthen berm, decorative wall, or other similar
24
Planning and Zoning Commission
Recommended Draft
May I5, 2008
structure and demonstrates that the highway noise just outside the proposed
residential structures will be no more than 60 dBA.
3. The 300-foot bufFer for residential structures may also be reduced with approval by
the City if the subdivider demonstrates that existing topography results in highway
noise being no more than 60 dBA just outside the proposed residential structures.
15-3-5 Nei hborhood Open Space Requirements
A. Intent and Purpose
The Neighborhood Open Space Requirements are intended to ensure provision of
adequate usable neighborhood open space, parks and recreation facilities in a manner that
is consistent with the Neighborhood Open Space Plan, as amended, by using a fair and
reasonably calculable method to equitably apportion the costs of acquiring and/or
developing land for those purposes. Active, usable neighborhood open space includes
pedestrian/bicycle trails preferably located within natural greenway systems, and also
includes neighborhood parks that serve nearby residents. Portions of community parks
may be adapted for neighborhood use, but this Chapter is not intended to fund the
acquisition of community parks or large playing fields for organized sports.
B. Dedication of Land or Payment of Fees In Lieu of Land Required
As a condition of approval for residential subdivisions and commercial subdivisions
containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or
a combination thereof, for park, greenway, recreational and open space purposes, as
determined by the City and in accordance with the provisions of Article 14-5K,
Neighborhood Open Space Requirements
A. Extension of energy distribution lines and communication distribution systems necessary to
furnish permanent electric service and communication system service to new development
within a new subdivision shall be made underground from existing systems according to
the provisions set forth in Chapter 16-2, Public Utilities and Use of City Right of Way.
B. The applicant shall provide all easements necessary for access to street lights, to allow
energy and communication system services for the subdivision, and the easements shall
be included as part of the plat of the subdivision.
C. In new subdivisions, the electric public utility company shall provide underground wiring to
the pole sites for appropriate street lights as determine by the City Manager or designee.
A. The subdivider shall provide a complete sanitary sewer system, including stubs, for each
lot which shall connect with a sanitary sewer outlet approved by the City Engineer as set
forth in Sections 16-3-4, 16-3-5, and 16-3-6 of the City Code. The sanitary sewer in each
defined drainage area shall extend to the subdivision boundaries and beyond, as necessary
to provide for the extension of the sanitary sewer to adjacent property, as determined by
the City.
2s
Planning and Zoning Commission
Recommended Draft
May I5, 2008
B. Project specific tap-on fees may apply as set forth in Section 16-3-2, Project Specific Tap-
On Fees.
C. If City requires a sanitary sewer to be greater in size than that needed to service the
subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost-
sharing shall be according to the procedure set forth by the City Manager. Any payment of
excess costs by the City shall be pursuant to State law.
•
The developer shall provide the subdivision with adequate drains, ditches, culverts, complete
bridges, storm sewers, intakes and manholes to provide for the collection, management, and
removal of all surface waters as set forth in Chapter 16-3-7, Storm Water Collection, Discharge,
and Runoff. These improvements shall extend to the boundaries of the subdivision and beyond,
as necessary to provide for extension by adjoining properties, as determined by the City.
A. The developer shall provide the subdivision with a complete water main supply system as
set forth in Section 16-3-3, Potable Water Use and Service, including hydrants, valves and
all other appurtenances, which shall be extended into and through the subdivision to the
boundary lines and beyond as may be necessary to provide for extension by adjoining
properties, as determined by the City. The system shall provide for a water connection for
lots and shall be connected to the City water system.
B. If City requires a water main to be greater in size than that needed to service the
subdivision itself, the City may share in the expense thereof on a pro rata basis. Such cost-
sharing shall be according to the procedure set forth by the City Manager. Any payment of
excess costs by the City shall be pursuant to State law.
15-3-10 Clustered Mailboxes
A. All new residential or commercial developments platted after (the effective date of these
regulations) that receive curbside delivery of mail shall have clustered mailboxes, unless
an exception is approved by the United States Postal Service. The location of mailbox
clusters shall be noted on the plat.
6. Mailbox clusters serving residential developments shall be conveniently located for
residents. To that end, mailbox clusters should be located within one block or
approximately 600 feet walking distance (whichever is less) from any residential property
served by said mailbox cluster. Adjustments to this distance criteria may be approved
when there are not enough lots within one block or 600 feet to form a cluster. Mailboxes
should be located in a manner that provides safe access for residents, e.g. does not
require residents to cross heavily trafficked streets, etc. Driveways shall be allowed no
closer than 12 feet from the location of a clustered mailbox as measured along the curb
line of the fronting street. Mailboxes must be located in a manner that will not violate the
City's intersection visibility standards. Locations and design must be approved by the City
and the United States Postal Service. Depending on the size and location of the clustered
mailbox, the City may require a vehicular pull-over lane built to City specifications.
26
Planning and Zoning Commission
Recommended Draft
May I5, 2008
C. Mailbox clusters shall be located on a concrete pad built to City specifications. To provide
for pedestrian access, a 5-foot-wide concrete sidewalk shall be provided from the mailbox
cluster to the adjacent public street and sidewalk. An accessible route shall be provided
according to ADA Standards for Accessible Design. The cost of installation, including but
not limited to box units and concrete pad and sidewalk access shall be borne by the
developer, and subsequent maintenance shall be carried out by the United States Postal
Service.
An iron rod meeting specifications of State Code shall be placed as follows:
A. At the intersection of all lines forming angles in the boundary of the subdivision.
B. At block and lot corners and changes in direction of block and lot boundaries.
C. At the beginning and ending points of curves and at lot lines intersecting the curves.
15-3-12 Specifications
A. The type of construction, the materials, the methods and standards of subdivision
improvements shall be according to City standards. Said standards are on file in the office
of the City Engineer.
B. Construction plans and specifications, including plans for subdivision erosion control
measures, shall be submitted to the City Engineer for approval prior to construction.
Construction shall not commence until the City Engineer approves the plans and
specifications.
C. If the infrastructure and/or grading cannot be designed to comply with City standards a
new preliminary plat may be required at the discretion of the City.
D. Record of Construction drawings must be submitted in hard copy and in digital form before
public improvements will be accepted by the City.
15-3-13 Inspections
A. The City Engineer or designee shall inspect the installation of all public improvements in
new subdivisions to insure compliance with the requirements.
B. The subdivider shall bear the cost of such inspection, which shall be the actual cost of the
inspection by the City.
C. Grading shall be inspected and certified by the developer's engineer.
15-3-14 Off-Site Costs for Public Improvements
A. From time to time off-site public improvements are necessary to enable the subdivision
and development of a property. At such times, the subdivider shall be responsible for the
extension of infrastructure. If said infrastructure or certain aspects of said infrastructure is
included in the City's Capital Improvements Program in a year coincident with the
27
Planning and Zoning Commission
Recommended Draft
May 1 S, 2008
development proposal, the City may, at the City's discretion, assume responsibility for the
extension of the subject infrastructure.
B. Off-site improvements shall be designed and constructed according to plans and
specifications approved by the City Engineer and shall be of sufficient size and capacity to
serve the full area capable of being served by the type of improvement so that the City will
not be required to construct parallel or duplicate facilities. If said infrastructure is greater
in size than that needed to service the subdivision itself, the City, at its discretion, may
share in the expense thereof. Such cost-sharing shall be according to the procedure set
forth by the City Manager. Any payment of excess costs by the City shall be pursuant to
State law.
2s
City of Iowa City 5d
MEMORANDUM -~
Date: July 10, 2008
To: City Council
From: Karen Howard, Associate Planner
RE: Questions regarding revisions to Title 15, Subdivisions
At your meeting on June 24, there were a number of items that you asked us to address
regarding the proposed revisions to the subdivision code. In preparation for the discussion
at your next work session, staff provides the following comments. Please note that all of the
issues mentioned by both Dan Smith and Glenn Siders were discussed and considered at
the Planning and Zoning Commission, so please also refer to the matrix submitted to you
previously regarding the staff explanations, clarifications and the Commission's decisions on
these matters.
Use of the term "peculiar" -The term "peculiar" means "unique or specific to." This term is
used in various contexts within the City Code. A subdivider's agreement is one of the legal
papers required for subdivision approval. This agreement is intended to outline the
subdivider's obligations with regard to installing public improvements and to outline the
rights and responsibilities of the subdivider and future property owners. It is not possible to
enumerate in the code all the possible rights, responsibilities and obligations for each piece
of property within the City, because each parcel has its own unique characteristics.
Therefore, the subdivision code contains a clause that states, "The subdivider's agreement
may include other conditions peculiar to the subdivision as allowed by law." This type of
provision is necessary and common in City ordinances and is a benefit to the City, the
developer, and provides valuable information and notice of obligations to future property
owners. Following is a list of examples of conditions that are sometimes included in
subdivider's agreements due to issues that are "peculiar" to the parcel of land being
subdivided:
^ Access limitations for properties being subdivided along an arterial street;
^ Rights and responsibilities for maintenance of private open space, conservation
areas, stream corridors, wetlands, etc.;
^ Project specific tap on fees for water or sewer service;
^ Agreements with regard to dedications of public rights-of-way;
^ Agreements with regard to the City's contribution to oversize costs for streets,
sidewalks, sewer, water mains, etc.
Approval Process
As long as an application for a subdivision is complete and there are no more than 6
technical deficiencies, the applicant always has the right to have their application forwarded
to the Planning and Zoning Commission for review. The subdivision code contains a
checklist of required documents that must be submitted with the application. A "complete"
application means a plat with accurate measurements and dimensions and easements
identified and all accompanying documents as specified in the checklist. A "deficiency" is
defined as "an error on or omission from plat specifications and/or other supporting
documents required as part of the subdivision approval process." Missing documents and
inaccurate plans and plats lead to mistakes in subdivision design that may jeopardize public
safety and welfare. For further explanation regarding the approval process please refer to
July 9, 2008
Page 2
items 5, 6, and 7 in the matrix used by the Planning and Zoning Commission as they
considered these same requests for amendments to the code.
Provisions to minimize the effects of hiahway noise
The City's Comprehensive Plan calls for a buffer between residential neighborhoods and
Highway 218 and Interstate 80. This buffer has typically been negotiated at the time of
annexation or during rezoning. Establishing a standard in the subdivision code will level the
playing field for all those who own property along Interstate 80 or Highway 218. It also
makes it clear what the expectations are before a developer purchases land in these areas.
In a report intended to provide guidance for the abatement of highway traffic noise, the U.S.
Department of Transportation, Federal Highway Administration, and the Office of
Environment and Planning state that effective control of highway noise requires that land
uses near highways be controlled, and that this is traditionally an area of local responsibility.
More specifically, it states:
The Federal Government has essentially no authority to regulate land use planning or the
land development process. The FHWA and other Federal agencies encourage State and
local governments to practice land use planning and control in the vicinity of highways.
The FHWA advocates that local governments use their power to regulate land
development in such a way that noise-sensitive land uses are either prohibited from
being located adjacent to a highway, or that the developments are planned, designed,
and constructed in such a way that noise impacts are minimized.
To address this issue in a way that doesn't involve complicated formulas and
measurements, the proposed subdivision code contains a provision that requires a 300-foot
buffer between any residential structure and Interstate 80 or Highway 218. Trees and other
appropriate landscaping must be planted in the buffer area to provide a visual barrier for
future residents. A buffer is not required for other land uses, such as commercial and
industrial. The code also contains a provision where the buffer can be reduced if the
subdivider provides some other means of buffering the sound such as a berm or wall that
reduces sound to an acceptable level.
Staff agrees that the sound levels vary from location to location so it is difficult to determine
whether the buffer should be 300 feet or 1000 feet. The private market will to some extent
self-regulate particularly in times when the housing market is slow. However, in times when
the housing market is robust, there may be an incentive to develop houses in areas where
the living conditions are unhealthy and given limited options and limited means some people
will purchase perhaps not realizing the long term effects of the noise. Once houses are
built, residents may request sound walls or other expensive mitigation methods be installed
at taxpayer expense. In the long term neighborhoods affected by highway noise may
deteriorate due to the undesirable living conditions. To put this into context, it should be
noted that HUD will not provide funding for new housing construction if noise levels exceed
a day-night average decibel level of 75 (75Ldn). HUD requires mitigation and special
construction techniques to reduce noise levels if noise at the site exceeds 65Ldn.
Mid-block Pedestrian Connections
The proposed block length standards establish that block lengths should be between 300
and 600 feet long. The language allows the flexibility for longer streets where it is not
practical or logical to have a street connection. The mid-block pedestrian connection is
July 9, 2008
Page 3
required in lieu of a street connection. The proposed provisions states, "In residential
subdivisions, blocks longer than 600 feet must have mid-block pedestrian connections
between adjacent streets, unless said connection is deemed to be unnecessary and is
waived by the City." In other words, if it is determined due to the characteristics of the site
that neither a street connection, nor a pedestrian connection would be useful for traffic,
pedestrian, or bicycle circulation, it will not be required. (See matrix items 12 & 20 for further
explanation with regard to connectivity standards).
Driveway separation from mailbox clusters
In response to new federal rules that require clustered mailboxes, the subdivision code
contains standards to ensure that mailbox clusters are located in safe and convenient
locations for residents. Mailbox clusters can be fairly large in size and therefore may block
views of motorists if located too close to street corners or driveways. At the meeting Mr.
Siders asked how a subdivider would be able to enforce the provision that driveways must
be located no closer than 12 feet from the location of a clustered mailbox. Similar to other
easements and restrictions within a subdivision, this type of restriction can be included in the
subdivider's agreement to give notice to future owners of lots that abut a mailbox cluster.
This is another example of a condition "peculiar" to the subdivision that should be included
in the subdivider's agreement.
To ensure consistent enforcement of this driveway location standard over time, it may also
be a good idea to add a similar provision to the access management standards in the zoning
code.
Private Streets
The proposed code will codify the current policy of not allowing private streets for single
family subdivisions. The City has experienced problems in the past with private streets.
There is an assumption and expectation on the part of city residents that the street in front of
their home is a public street. The same level of City services is expected. Complaints and
questions regarding maintenance, snow plowing, garbage removal, traffic speed
enforcement, etc. are often directed to the City. If the private means of providing these
services fails, residents often request that the City take over these responsibilities. If these
streets have not been built to City standards, as is often the case, maintenance and
replacement costs can be substantial. City staff does not recommend making any change
to current policy with regard to private streets.
Extending utilities beyond the property line
It is sometimes necessary to extend infrastructure beyond a subdivision boundary in order
for the developer to connect to City sewer, water and storm sewer systems. It is also
sometimes necessary to extend lines beyond the boundary to ensure that neighboring
properties are able to connect to City sewer, water, and storm sewer systems when those
properties are developed. For example, with the General Quarters Subdivision, it was
necessary for the developer to extend the sewer line across Sycamore Street to connect
into the City sewer system. The intent of this provision is to make sure that infrastructure
can be easily extended in a logical and efficient manner over time. If these connections are
not provided, it can sometimes make neighboring parcels of land undevelopable.
July 9, 2008
Page 4
City contribution toward oversize costs
The proposed code states that:
"If the City requires a sanitary sewer (or water main] to be greater in size than that needed to
serve the subdivision itself, the City may share in the expense thereof on a pro rata basis.
Such cost-sharing shall be according to the procedure set forth by the City Manager. Any
payment of excess costs by the City shall be pursuant to State Law."
The use of the word "may" is not a change from the current code. The reason that the word
"may" is used instead of "shall" is so that the City Council is not bound to use public funds
for oversize costs, because use of public funds may not be appropriate in all cases. For
example, consider the situation where the parcel of land that would benefit from the
oversizing is owned by the same party that owns the subdivision in question. There may
also be instances where other public-private agreements have been made with regard to
payment for infrastructure such that the developer's contribution to that agreement would be
to pay for certain oversize costs.
These are the questions and clarifications that you requested at your meeting. Staff will be
available at your work session to discuss these matters in more detail and to answer any
additional questions that you may have with regard to the proposed revisions to the
subdivision code.
Cc: Michael Lombardo, City Manager
Jeff Davidson, Director of Planning
Bob Miklo, Senior Planner
Ron Knoche, City Engineer
Rick Fosse, Director of Public Works
Eleanor Dilkes, City Attorney
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ08-00003)
ORDINANCE NO. 08-4310
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED
NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM
INTENSIVE COMMERCIAL (CI-1) ZONE TO COMMUNITY COMMERCIAL (CC-2) ZONE. (REZ08-
00003)
WHEREAS, Streb Investment Partnership, L.C., has applied for a rezoning of approximately 10.08
acres of property from Intensive Commercial (CI-1) Zone to Community Commercial (CC-2) Zone; and
WHEREAS, said property is located north of Highway 6, east of Scott Boulevard, and west of
Commerce Drive; and
WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6 and Scott
Boulevard as appropriate for general commercial uses; and
WHEREAS, the applicant has agreed to comply with the terms of the 1997 conditional zoning
agreement regarding this property, notwithstanding the rezoning to Community Commercial; and
WHEREAS, other owners of portions of the subject property, namely Fareway Stores, Inc. and
Hawkeye Oil Company have indicated their support for the rezoning and agreed to the terms of the attached
conditional zoning agreement; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan, provided that it meets certain conditions that will ensure
appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and
WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs directly caused by the requested change; and
WHEREAS, the applicant and other owners have agreed that the property shall be developed in
accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure
appropriate development along this entryway into the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from Intensive
Commercial (CI-1) Zone to Community Commercial (CC-2) Zone:
LOTS 16 THROUGH 24, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY,
IOWA IN ACCORDANE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10.08 ACRES, AND
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector 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 this ordinance by law.
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 to record the same, at
the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all 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.
Ordinance No. 08-4310
Page 2
Passe d approved t is hday of July , 208
c
MAY
ATTE / ~ ~ ~ • ~.t~iJ
CITY C RK
Approved by
City Attorney's Office 3-~, j~~,~
ppd ad m/ord/REZ05-00020. doc
Ordinance No. 08-4310
Page 3
It was moved by Wilburn and seconded by Hayek that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
X
x
-~-
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 6 / 24 / 2008
Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn,
Wright. NAYS: None ABSENT: None.
Second Consideration _
Vote for passage:
Date published 7 / 23 / 2008
Moved by Wilburn, seconded by Champion, 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: Wright, Bailey, Champion, Correia,
Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None.
NAYS: ABSENT:
Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ08-00003)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal
corporation (hereinafter "City"), and Streb Investment Partnership, L.C., Hawkeye Oil Company,
and Fareway Stores, Inc. (hereinafter "Owners").
WHEREAS, Owners are the legal title holders of approximately 10.08 acres of property
located north of Highway 6, east of Scott Boulevard, and west of Commerce Drive (hereinafter
"Property"); and
WHEREAS, Streb Investment Partnership, L.C. has requested that these 10.08 acres be
rezoned from Intensive Commercial (CI-1) to Community Commercial (CC-2); and
WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6
and Scott Boulevard as appropriate for general commercial uses; and
WHEREAS, the applicant acknowledges that this 10.08 acres was subject to a 1997
Conditional Zoning Agreement, and that the City wishes to continue to impose certain obligations
contained therein upon the Owners, notwithstanding the rezoning of the property to Community
Commercial; and
WHEREAS, Fareway Stores, Inc. and Hawkeye Oil Company have indicated their support
for the rezoning; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning
and determined that it complies with the Comprehensive Plan, provided that it meets certain
conditions that will ensure appropriate development of properties along Scott Boulevard, an
important entryway into Iowa City; and
WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, the Owners acknowledge and agree that certain conditions and restrictions
are reasonable and necessary to ensure that the development of the Property is consistent with
the Comprehensive Plan and to ensure appropriate site and building design along Scott
Boulevard, an arterial street and important entryway into Iowa City; and
WHEREAS, to satisfy public needs directly caused by the requested rezoning, the
Owners agree to develop the Property in accordance with the terms and conditions of this
Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
Streb Investment Partnership, L.C., is the legal title holder of the Property legally
described as follows:
LOTS 19 THROUGH 24, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY,
JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE, CONTAINING 3.48 ACRES, AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. Hawkeye Oil Company is the legal title holder of the Property legally described as
follows:
ppdadm/agUcza rez08-00003 soctt six.doc
LOT 16 OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA
IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE
137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE,
CONTAINING 2.94 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
3. Fareway Stores, Inc. is the legal title holder of the Property legally described as follows:
LOTS 17 AND 18, ALL OF SCOTT-SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON
COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN
BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE, CONTAINING 3.66 ACRES, AND SUBJECT TO EASEMENTS
AND RESTRICTIONS OF RECORD.
4. The Owners acknowledge and agree that, us a component of the requested rezoning,
the City wishes to ensure conformance with the principles of the Comprehensive Plan
and applicable provisions of the original conditional zoning agreement established for
these properties in 1997, such that the development of individual lots along Scott
Boulevard occur in a manner appropriate for this entryway into the community. Further,
the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City
of Iowa City may impose reasonable conditions on granting an applicant's rezoning
request, over and above the existing regulations, in order to satisfy public needs directly
caused by the requested zoning.
5. In consideration of the City's rezoning the subject Property, Owners agree that
development of the subject property will conform to all other requirements of the zoning
and subdivision ordinances, as well as the following additional conditions:
a) As each lot subject to this rezoning is developed or redeveloped, public sidewalks
shall be installed by the owner/developer according to City specifications;
b) On all lots with frontage on Scott Boulevard or Highway 6, all building elevations
visible from Scott Boulevard or Highway 6 shall be primarily masonry, which may
include fired brick, stone, or similar material, and dressed concrete block and stucco
or like material when used in combination with other masonry finish. Alternative
buildings materials, such as architectural metals or other materials used for
decorative treatment may be s~:bstituted if the Director of Planning and Cemmt.~nity
Development determines that the use of such other materials satisfies the intent of
this agreement. All elevations visible from Scott Boulevard shall have a finished
face. Rooftop mechanical equipment shall be screened;
c) Loading docks and receiving areas, garbage dumpsters, outdoor storage areas,
mechanical equipment and other service areas and functions typically associated
with the rear of buildings shall not be located in front of or along any building wall
facing Scott Boulevard. When located elsewhere on a lot and visible from Scott
Boulevard, these items shall be screened from view with landscaping or a
combination of fencing and landscaping, as approved by the City;
d) Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of
building elevations facing Scott Boulevard, and shall be planted with a variety of
evergreen and deciduous shrubbery. A landscaping plan to that effect shall be
ppdadm/agt/cza rez08-000°3 soot six.doc L
submitted to the City during site plan review; and
e) Freestanding signs within the development shall be limited to one located at each
vehicular access point from an arterial street. Individual development lots within the
development may provide monument, fascia, or other signs as permitted by the
City's sign regulations on a lot-by-lot basis, but shall not provide additional
freestanding signs beyond that specified above. If signs are to be lighted, they shall
be internally illuminated and in compliance with the City's sign regulations;
4. The Owners and City acknowledge and agree that the conditions contained herein are
reasonable and necessary additional conditions to impose on the land under Iowa Code
§414.5 (2007), and that said additional conditions are imposed to satisfy public needs
that are directly caused by the requested zoning change.
5. The Owners and City acknowledge apd agree that in the event the subject Property is
transferred, sold, redeveloped, or subdivided, all redevelopment, divisions, and
subdivisions will conform to the terms of this Conditional Zoning Agreement.
6. The parties acknowledge and agree that 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, 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.
7. The Owners acknowledge and agree that nothing in this Conditional Zoning Agreement
shall be construed to relieve the Owners from complying with all other applicable local,
state, and federal regulations.
8. The parties acknowledge and agree that 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 ~'S day of Su ~~ , 2008.
Approved by//~/:(y~~~ j J~~//~
City Attorney's Office 3-12~~ ~
Streb Investment\)Partnership, L~./C
t ~~ ~ 1.•'1.411
By • ~ ~~Gu 4t'` f o bt ~, ,.Jf r"t ~j ' N i cJ r.
I i
Farewa Stores, Inc.
,... ~e
BY~ ~c~l~-~~Fc ~. Grc;r~c~ _.
H ke e Oil Coma _
By' ~~n ~-G~C/ S LI! ~0~5
ppdadMagUcza rez06-00003 soot six.doc 3
pia ,~~ ~ . vs.c.
Mari n K. Karr, City Clerk
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this f5 ~~ day of ~ ~~ A.D. 2008, before me, the
undersigned, a notary public in and fort State of Iowa, personally appeared Regenia Bailey and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said ':..strument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
SONDRAE FORT ~ ~,,. D ~~"~
o ~ Commission Number 158781
My Commission Expires Notary Public in and for the State of Iowa
ow My commission expires: 3/7 f .~r~-t~/
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this Z3'~day of 1~' -~ , A.D. 2008, before me, the undersi Wed, a Notary Public
in and for the State of Iowa, pers Wally appeared ~-ar'y Soon s-~~~ , to me
personally known, who being by me duly sworn, did say that he or she is
~~(c2_.L,a.~ (title) of the Streb Investment Partnership, L.C.,
and that said instr ent was signed on behalf of the said limited liability company by authority of
its managers and the said /~'Latt cn.,...5~ acknowledged the execution of said
instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
ern`
~^ ~ ~~'~~
__ _ ~~s~~-_ __..
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agUcza rez08-00003 soot six.doc 4
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
ss:
~~ h~ ~DLS9N• COUNTY )
On this ,2~; day of ~ e.~ , A.D. 2008, before me, the un ersigned, a
Notary Public in and for the State of Iowa, personally appeared p~ ti ~ . ('~~~.r 5 e w
and , to me personally known, who, being by me duly sworn, did say
that they are the `rte s', ~ (title) and (title), of said corporation
executing the within and foregoing instrument to which this is attached; that said instrument was
signed on behalf of said corporation by authority of its Board of Directors; and that the
aforementioned offcer(s) acknowledge the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by aforementioned officer(s) voluntarily executed.
~.`~
Notary Public in and for said County and state
My commission expires:
.~ OOIlaLltl~ D. KEENAN
~ ~ ~ 17
CORPORATE ACKNOWLEDGEMENT: ~~~,,,,,(~;?~!:,~-
STATE OF IOWA )
t3~n ~ ` ) ss:
~ COUNTY )
On this ~~' day of Tu ts'e , A.D. 2008, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared FR~atr(~~cK I~ ~ C~~~ ~~~R_
and - , to me personally known, who, being by me duly sworn, did say
that they are the P Iz rs i peN~ (title) and - (title) of said corporation
executing the within and foregoing instrument to which this is attached; that said instrument was
signed on behalf of said corporation by authority of its Board of Directors; and that the
aforementioned officer(s) acknowledge the execution of said instrument to be the voluntary act
and. deed of laic corporation, by it and by aforementioned officer(s) voluntarily executed.
~~
Notary Pu lic in and for aid ty and State
My commission ex fires:
~~~~,NC ~ CRAIG A. PLEY
COMMISSION NO.146681
• * MY COMMISSION P1RES
~owi* 3' 3 ~ O
ppdadmlagl/cza rez08-00003 soot six.doc ~J
Jul 08 OS 09:32a Mary Streb
Streb Alberts Realty
Mary Jo Streb
14 E. Benton St.
Iowa City, IA 52240
Off. 319-358-1004
Fax. 319-358-9309
Cell. 3 ] 9-331-0575
FAX
DATE: July 8, 2008
TO: Marian Karr
Number of pages including cover page: 1
RE: Scott Six Rezoning
319-358-9309
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We are requesting that the second and third readings of the rezoning be done at
the council meeting on July 15, 2008.
If you need more information let me know. Thanks.
Mary Jo
Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ08-
00001)
ORDINANCE NO. 08-4311
AN ORDINANCE REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH
OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM
MEDIUM DENSITY SINGLE FAMILY (RS-8) ZONE TO PLANNED DEVELOPMENT OVERLAY
(OPD-8). (REZ08-00001)
WHEREAS, the applicant, Jeff Hendrickson, with consent from the owners, Otella, LLC
and Gregory B and Carol Neuzil, filed with the City Clerk of Iowa City, Iowa an application for a
rezoning of approximately 9.48 acres of property from Medium Density Single Family Residential
(RS-8) Zone to Overlay Planned Development 8 (OPD-8) to allow a Sensitive Areas Development
consisting of 31 residential condominium units; and
WHEREAS, said property is located south of Olive Court and Learner Court and east of
Marietta Avenue; and
WHEREAS, the Southwest District Plan identifies the area as appropriate for medium
density single-family/duplex residential development; and
WHEREAS, the proposed development will encroach on sensitive features, namely a
wetland buffer, and steep, critical, and protected slopes in a partially wooded ravine, said
proposed development therefore requiring a Level II Sensitive Areas Review; and
WHEREAS, certain variations from the underlying zoning and subdivision requirements
are necessary to allow clustering of dwelling units away from the sensitive areas within the ravine;
and
WHEREAS, the Department of Planning and Community Development and the Public
Works Department have examined the Sensitive Areas Development Plan, soil stability analysis,
and Preliminary Planned Development Plan and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned
Development Plan and Sensitive Areas Development Plan and after due deliberation and
consideration of the application materials, staff recommendations, and public input recommended
approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SECTION I. APPROVAL. The property described below is hereby reclassified from
Medium Density Single Family Residential Zone (RS-8) to Overly Planned Development 8 (OPD-
8) and the associated Sensitive Areas Development Plan is hereby approved:
Ottella, L.L.C. Property
Lot 426 University Heights, Third Subdivision, according to the plat thereof recorded in Book
3, Page 140, Records of Johnson County, Iowa;
and,
The southwest quarter of the northeast quarter of the northwest quarter of Section 16,
Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following:
Commencing at the northeast corner of the said southwest quarter of northeast quarter of
northwest quarter of said Section 16, thence westerly along the north line of said southwest
quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south
(included angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line
Ordinance No. 08-4311
Page 2
200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the
point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of
Johnson County, Iowa, subject to easements as shown of record.
Also excepting therefrom:
Commencing at the Southeast Corner of Lot 412, University Heights Third
Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat
Records of Johnson County, Iowa; thence South 240 feet to the place of beginning;
thence West parallel to the South line of said Lot 412, University Heights, Third
Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North
80 feet to the place of beginning.
Gregory B. and Carol Neuzil Property
Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as
shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson
County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the
South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80
feet; thence East 124.2 feet; thence North 80 feet to the place of beginning.
SECTION II. ZONING MAP. The Building Inspector 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 this ordinance by law.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the
Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby
authorized and directed to certify a copy of this ordinance and the Preliminary Plat and the
Sensitive Areas Development Plan (sheet nos. 1 through 7) and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided
by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 unconsti-
tutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
and approved this 15th day of July , 20 08
-. \ /} _
AT~ST: .~~
C-~~~fY-CLERK
A~ proved by
City Attorney's Office ~ (.~ d~
Ordinance No. 08-4311
Page 3
It was moved by Wilburn and seconded by Wright that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x ~ Champion
x Correia
x ~ Hayek
x O'Donnell
x Wilburn
x Wright
First Consideration 6/24/2008
Vote for passage: AYES: Champion, Correia, O'Donnell, Wilburn, Wright, Bailey.
NAYS: Hayek. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 7/23/2008
Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be
considered and voted on for passage at two Council meetings prioz 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: Champion, Correia,
O'Donnell, Wilburn, Wright, Bailty. NAYS: Hayek. ABSENT: None.
MMS CONSULTANTS, INC. ~r5fu~
M
M ~ IOWA CITY IOWA I CEDAR RAPIDS IOWA
OFFICE: 319-351-8282 OFFICE: 319-841-5188
~~.. Your Vision + Our Innovation =Inspired Results
June 25, 2008
City of Iowa City
r Bob Miklo, Planning & Zoning
410 East Washington St.
Iowa City, IA 52244
Re: Hendrickson Lytham Condominium Rezoning Application
z I Dear Mr. Miklo,
v
C On behalf of our client Jeff Hendrickson, we request that the Mayor and city council
,`~~ consider condensing the second and third readings for the rezoning application REZ08-0001.
,°~~ Please convey our request onto the council at the second reading on July 15~', to also consider the
third reading scheduled for the August 11 ~' meeting. Thank you for your consideration.
~ Respectfully submitted,
0
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~
Ronald L. Amelon, P.E.
MMS Consultants, Inc.
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1917 SOUTH GILBERT STREET • IOWA CITY • IOWA 52240
\~'EBSITE: WWVr'.IvfMSCONSULTANTS.NET EMAIL: MMS•~MMSCONSULTAI~iTS.NET
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN
RIGHTS," CHAPTER 3, ENTITLED "DISCRIMINATORY PRACTICES" TO EXCEPT
SMALL EMPLOYERS FROM DISCRIMINATION CLAIMS AND CHAPTER 4,
ENTITLED "ENFORCEMENT," TO INCREASE THE TIME PERIOD FOR FILING A
DISCRIMINATION CLAIM.
WHEREAS, the City Code presently subjects employers with less than four employees ("small
employers") to liability for employment discrimination claims;
WHEREAS, the Iowa Supreme Court recently ruled that Iowa City may not subject small employers to
liability;
WHEREAS, the City Code presently provides that complaints must be filed within one-hundred and
eighty (180) days of the alleged discriminatory action;
WHEREAS, the Governor has signed SF 2292, which goes into effect on July 1, 2008, that increases
the time period to file a complaint under state law from one-hundred and eighty (180) days to three
hundred (300) days;
WHEREAS, it is appropriate for the City to increase the time period to file a complaint alleging
violation of the City's Human Rights Ordinance to make it the same as the time period for filing a claim
under state law; and
WHEREAS, it is in the best interest of the City to adopt these amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 2, entitled "Human Rights," Chapter 3, entitled "Discriminatory Practices," Section 1,
entitled "Employment; Exceptions," Subsection F is hereby amended by adding the following new
Paragraph 8:
Any employer who regularly employs less than four individuals. For purposes of this section,
individuals who are members of the employer's family shall not be counted as employees.
2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 1, entitled
"Persons Who May File Complaints; Method of Filing Complaint; Amending Complaint," Subsection E is
hereby amended by deleting it in its entirety and substituting in its place the following new Subsection E:
A claim under this title shall not be maintained unless a complaint is filed with the commission
within three hundred (300) days after the alleged discriminatory or unfair practice occurred.
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 , 2008.
MAYOR
ATTEST:
CITY CLERK
Approved by:
~~ ~ ~- t ~ ~- ~ ~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
that the Ordinance
First Consideration 6 / 24 / 2008
Vote for passage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey,Champion,
Correia. NAYS: Nr~ne. ABSENT: None.
Second Consideration _
Vote for passage:
NAYS: None.
7/15/2008
AYES: Wilburn, Wright, Bailey, Champion, Correia, Hayek, O'Donnell
ABSENT: None.
Date published