HomeMy WebLinkAbout2017-08-01 Ordinancel 0_
Deferred Indefinitely
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM
COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT
(RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005)
WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S.
513 Riverside Drive from Community Commercial (CC -2) zone to Rivertront Crossings — West Rivertront
(RFC -WR) zone; and
WHEREAS, the subject properties are located in the West Rivertront subdistrict of Rivertront Crossings;
and
WHEREAS, the Downtown and Rivertront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the West Rivertront subdistrict, including the goals of improving
conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and
overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density
residential living and pedestrian -oriented commercial uses; and
WHEREAS, the zoning standards that apply in the West Rivertront zoning district encourage
development that is of a scale and design to achieve the desired development character described in the
Rivertront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage
areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings,
and require provision of affordable housing; and
WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space
for a sidewalk and parkway buffer with street trees to meet requirements in the Rivertront Crossings form -
based zoning code; and
WHEREAS, the requested rezoning will allow a significant increase in the residential population in the
area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along
Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive
and close driveways that do not meet the City's access management standards will be necessary as well as
the provision of affordable housing options; and
WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -WR, the owner must enter
into an agreement with the City establishing how the owner will provide affordable housing when the
property is redeveloped; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access
management standards, and provision of affordable housing; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Community
Commercial (CC -2) Zone to Rivertront Crossings -West Rivertront (RFC -WR) Zone:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST
CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN
NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2017.
M •:
ATTEST:
CITY CLERK
tt
City Attorney's Office
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of
property locally known as 513 S. Riverside Drive in Iowa City; and
WHEREAS, the Owners have requested the rezoning of the subject properties from
Community Commercial (CC -2) Zone to Riverfront Crossings —West Riverfront (RFC -WR); and
WHEREAS, Iowa Code §414.5 (2017) 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 caused by the requested change; and
WHEREAS, Riverside Drive is currently an auto -oriented arterial street with high traffic
volumes and higher speeds and little to no space within the public right-of-way for pedestrians and
bicycles and with an excessive number of driveway access points that further increase potential
traffic conflicts between all modes of travel; and
WHEREAS, the increased density of residential living and urban commercial intensity
allowed with the RFC -WR zoning will result in the need for an improved "public realm" along
Riverside Drive, including improved streets with safer and more attractive areas for people to walk
and bike; and
WHEREAS, the requested rezoning will allow a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive
and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will
be needed; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan, including the need for
a safe, attractive, and comfortable environment for residential living and improved streets that
will encourage walking and biking and improve traffic safety; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for
safe traffic circulation upon redevelopment, the requested zoning is consistent with the
Comprehensive Plan; and,
WHEREAS, the high percentage of housing cost -burdened households is the most
common housing problem within the City of Iowa City, and one of the primary areas where people
face housing affordability challenges is near the University campus and the City's urban core; and,
WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing
due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing
and planned mix of uses, convenient access to public transit and municipal parking facilities; and
WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a
walkable, pedestrian -friendly area where residents can work, live and play, and will increase the
need for housing that is affordable to the workforce; and
WHEREAS, the rezoning to RFC -WR will allow residential development at a density not
previously permitted; and,
WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to
a riverfront crossings zoning designation, the property owner must enter into an agreement with
the city to establish which method or methods the Developer will use to provide the required
affordable housing.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
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agree as follows:
Owners are the collective the legal title holders of the property legally described as
follows:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT
THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH
157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF
BEGINNING.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan, and the Owners intend to comply therewith.
Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of
Iowa City may impose reasonable conditions on granting a rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street improvement project, whichever occurs first, land
shall be dedicated to the City along Riverside Drive to improve conditions along
the street necessary for the increase in pedestrians and bicyclists anticipated
with the rezoning according to the goals and objectives of the Riverfront
Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot
wide pedestrian area between the new front property line and the street curb
along the Riverside Drive frontage, including at the corner of Riverside Drive and
Myrtle Avenue;
b. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street improvement project, whichever occurs first, the
two driveways closest to the intersection of Riverside Drive and Myrtle Avenue
shall be closed and the area subsequently restored and improved for pedestrian
use. In addition, prior to issuance of any permit for any improvements to the
subject property or coincident with the City's street improvement project,
whichever occurs first, the southernmost driveway on the Riverside Drive
frontage shall be evaluated according to the City's access management
standards as set forth in Article 14-5C of the City Code of Iowa City, with the City
reserving the right to close or move driveway access points, or reduce to a single
directional drive (such as right -out only), in compliance with said standards;
c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site owner -
occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee
in lieu of the remaining dwelling units not provided on-site or as otherwise agreed
to between Owner and the City in an affordable housing agreement entered into
prior to issuance of a building permit for development of any portion of the above-
described property.
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4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released of record by the City of Iowa City.
This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
8. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or
Applicant from complying with all other applicable local, state, and federal regulations.
9. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Owners' expense.
Dated this day of
CITY OF IOWA CITY
James Throgmorton, Mayor
Attest:
Julie Voparil, Deputy City Clerk
7--L,X-)
A
6-IT-17
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
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2017.
OWNERS
By: 513 Riverside, LLC
This instrument was acknowledged before me on , 2017 by James
Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa
City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
513 RIVERSIDE, LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2017 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of 513 Riverside LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
4 of 4
091
Deferred to 8/15/17
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00009)
Ordinance No.
An ordinance conditionally rezoning approximately 21.77 acres of
property located north of Rohret Road and west of Lake Shore
Drive, from Rural Residential, RRA (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -
Density Single -Family Residential, RS -5, zone. (REZ17-00009)
Whereas, the applicant, Watts Group Construction, has requested a rezoning of property located north of
Rohret Road and west of Lake Shore Drive from Rural Residential, RR -1 (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS -
5, zone; and
Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family and duplex
residential development; and
Whereas, the Low -Density Single -Family (RS -5) Zone would allow a maximum of 5 dwelling units per
acre, which is within the range indicated by the Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for water pressure analysis and improvements to Rohret Road ; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the owner and applicant have agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designations of Rural
Residential (RR -1) and Interim Development Single Family Residential (ID -RS) to Low -Density Single -Family
Residential (RS -5):
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89048'18"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15
FEET; THENCE S21052'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT
CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89°47'31"E, ALONG
SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89°47'31"E,
ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
Ordinance No.
Page 2
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE,
133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE
OF ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE
S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59044'45"W, ALONG SAID
CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE
N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT
CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01015'57"E, ALONG THE WEST
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET,
TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221,
IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E,
ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE
NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37°18'02"E;
THENCE N50014'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40°13'58"E,
ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78°00'56"E, ALONG SAID SOUTHERLY
LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE
N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION
13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF
BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE
SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07
FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A
POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47044'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 173.77
FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89047'31"W, ALONG THE SOUTH
LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO
SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Section If. Zoning Map. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
Ordinance No.
Page 3
County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of .20—.
MAYOR
ATTEST:
CITY CLERK
A7pp by
City Attorneys Office 7
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction
(hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 21.77 acres of property located
north of Rohret Road and west of Lake Shore Drive; and
Whereas, the Owner has requested the rezoning of said property from Rural Residential,
RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to
Low -Density Single -Family Residential, RS -5; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to Rohret Road and a water pressure analysis, the
requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan, including necessary improvements on Rohret Road, and adequate water pressure for
residential development; and
Whereas, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. S&J Development LLP is the legal title holder of the property legally described as
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE
S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
318.30 FOOT CHORD BEARS N62°49'01"E, TO A POINT ON SAID NORTH LINE;
THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE
NORTHEAST CORNER THEREOF; THENCE S89°47'31"E, ALONG THE NORTH LINE
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN
ppdednVegVrezl 7-00009 candigonel zoning agreemenl.doc
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT
PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE
SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF
ROHRET ROAD SW; THENCE S59"56'46"W, ALONG SAID CENTERLINE, 111.34
FEET; THENCE S59"43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE
S59"44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST
LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE,
973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N01015'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE
SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S55"09'02"E, ALONG THE SOUTHERLY LINE OF
SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY,
15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD
BEARS N37018'02"E; THENCE N50"14'53"W, ALONG SAID SOUTHERLY LINE,
124.04 FEET; THENCE N40"13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET;
THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE
N71000'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64"30'09"E,
ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22"17'21"E, 135.16 FEET;
THENCE S12036'51"E, 60.83 FEET; THENCE S21 °52'26"E, 150.82 FEET, TO A POINT
ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 13; THENCE N89"48'18"W, ALONG SAID SOUTH
LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE
NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS
N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB
ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF
RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47"44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29"33'01"E, ALONG SAID SOUTHERLY
LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-
ppdadMagVmzl7-00D09 mndibonal zoning agreemenl.dw
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE
N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING.
SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest district plan. Further, the parties
acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Upon subdividing any of the property hereby rezoned, the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
b. Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
of improving Rohret Road to the western city limits as determined by the City
Engineer;
c. As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
4. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
5. The Owner and Applicant and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge 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 as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
ppdadmlagUr=17-00009 conditional zoning agreement.doc
8. The parties 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 day of
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
�t� , �/
City Attorney's Office 1 oZ7
lf7
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
20_
0
This instrument was acknowledged before me on
20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Sea[)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdadmlagVrez1M0009 condigonal zoning agmement.doc 4
This instrument was acknowledged
before me on , 20_ by
as of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
S&J Development LLP Acknowledgment:
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County of
This record was acknowledged before me on (Date)
by (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of
(name of party on behalf of whom record
was executed).
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
Watts Group Construction Acknowledgment:
State of
County of
This record was acknowledged before me on (Date)
by (Name(s) of individuals) as
(type of authority, such as officer or trustee) of
(name of party on behalf of whom record
was executed).
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadnVagt/rez17-00009 mndiGonal zoning agreement.doe 5
My commission
ppdednVagVmzl 7-00009 conditional zoning agreement.doc 6
4C -
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17-
00011)
Ordinance No.
An ordinance conditionally rezoning approximately 1.59 acres of
property located west of Taft Avenue and east of Huntington Drive,
from Medium Density Single -Family Residential (RS -8) zone to Low
Density Multi -Family Residential (RM -12) zone. (REZ17-00011)
Whereas, the applicant, Arlington LC, has requested a rezoning of property located West of Taft Avenue
and East of Huntington Drive from Medium Density Single -Family Residential (RS -8) zone to Low Density
Multi -Family Residential (RM -12) zone; and
Whereas, the Comprehensive Plan indicates that the area is appropriate for low density residential uses;
and
Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive conditions regarding the future upgrade of Taft Avenue
as an arterial street, minimum lot depths and landscape buffers for double -fronting lots, and compliance with
the applicant's proposed townhome designs intended to provide an appropriate transition to the adjacent
single-family to the north and east; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the owner and applicant has that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in
this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of Medium Density
Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone:
BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 113
IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°59'58"W,
ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY
13.37 FEET ALONG A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N1 3028'53"E; THENCE N00°59'54"W,
129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S
PARCEL 2004098; THENCE S00059'54"E ALONG SAID EAST LINE, A DISTANCE OF 309.10 FEET TO
THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
Section Il. Zoning Map. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Ordinance No.
Page 2
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20_.
Jim Throgmorton, MAYOR
ATTEST:
Kellie K. Fruehling, CITY CLERK
A by
City Attorney's Office �/ ;z
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/01/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-
00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington, LC. (hereinafter "Owner"):
WHEREAS, Owner is the legal title holder of approximately 1.59 acres of property located on
Huntington Drive West of Taft Avenue; and
WHEREAS, the Owner has requested the rezoning of said property from Medium Density
Single -Family Residential (RS -8) to Low Density Single -Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the future upgrade of Taft Avenue, the need to buffer residential
development on double -fronting lots abutting Taft Avenue, and the appropriate design of
townhomes to transition into the adjacent single-family development, the zoning is in
conformance with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2017) 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 caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to
ensure the development of the property is consistent with the Comprehensive Plan and the
need for right-of-way improvements and buffering development from traffic along the arterial
street; and
WHEREAS, the Owner agrees to develop this 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:
1. Arlington Development, Inc. is the legal title holder of the property legally described as
follows:
BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098,
IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN
PLAT BOOK 48, AT PAGE 113 IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S89°59'58"W, ALONG THE SOUTH LINE OF SAID
AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY 13.37 FEET ALONG
A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE
N00°59'54"W, 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON
THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00°59'54"E ALONG
SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING,
ppdadndagUrez17-00011 cra stone badge cra 2
CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2017) 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 caused by the requested change, including the future upgrade of
Taft Avenue and appropriate buffers for lots that front on to the arterial street.
In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. At time of final plat, the developer shall grant to City necessary temporary construction
easements, as determined by the City, at no expense to the City, for the improvement of
Taft Avenue to City standards;
b. Prior to issuance of a building permit, the developer shall contribute 12.5% of the cost
of upgrading to City standards that portion of Taft Avenue adjacent to the land currently
being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15-
3-2K. The cost shall be based on an estimate to be provided by the City Engineer; and
c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; and
d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of
evergreen plantings. The landscaping in all other aspects shall substantially comply with
the attached landscaping plan.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2017), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge 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 as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
ppdadm1agVrez17-W011 =stone bridge ma 2
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie K. Fruehling, City Clerk
Approved by:
1�1 VIt-1f
City Attorney's Office -g7117
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ON
Arlington, LCW, t,
V �/
By.
M
This instrument was acknowledged before me on
20_ by Jim
Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City
Clerk) as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Sea])
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
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State of 1a00 -
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Prepared by: Emily Bothell, Assistant Trans. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5250
Ordinance No. 17-4716
Consider an ordinance amending Title 9, Entitled "Motor Vehicles and Traffic," Chapter 3,
Entitled "Rules of the Road," Section 6, Entitled "Speed Restrictions," Subsection B,
Entitled ""Exceptions" to establish a maximum allowable speed of 35 mph on American
Legion Road between the intersection of Scott Boulevard and Taft Avenue and amending
Subsection C, Entitled "School Speed Zones" to establish a 20 mph school speed zone
for Hoover Elementary School
Whereas, City Code Section 9-3-6(B) currently defines speed limits for American Legion Road;
and
Whereas, it is in the best interest of the City to define maximum allowable speeds for all
vehicles on public streets and highways; and
Whereas, based on engineering judgment a 35 mph speed limit is recommended; and
Whereas, the Engineering, Transportation and Planning departments concur that the American
Legion Road speed limit can be safely decreased from 45 mph to 35 mph from Scott Boulevard
east to Taft Avenue as defined below; and
Whereas, this section of American Legion Road is partially located outside of the corporate
limits, therefore the Johnson County Board of Supervisors will also consider approval of this
speed limit change; and
Whereas, it is in the best interest of the City to limit vehicle speeds near schools to 20 mph to
create a safer environment for school children; and
Whereas, City Code Section 9-3-6(C) currently defines 20 mph school speed zones for streets
near elementary schools;
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled 'Rules of the Road," Section
6, entitled "Speed Restrictions," Subsection B, entitled "Exceptions" is hereby amended by
adding the following language:
Maximum
Speed Limit
Name of Street (mph)
Where Limit Applies
Between the intersection of Scott Boulevard and the
American
35
intersection of Taft Avenue, except as set forth in
Legion Road
Subsection C of this Section.
2. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section
6, entitled "Speed Restrictions," Subsection C, entitled "School Speed Zones' is hereby
amended by adding the following language:
Name of Street Where Limit Applies
American Legion
Road
Barrington Road
From 150 feet east of Arlington
east of Barrington Road
From American Legion Road to a point 800 feet south.
Section H. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be effective upon publication.
Passed and approved this 1st day of August , 2017.
Attes� - LC
ity Clerk
Ma r
Approved by
1 7/40 7
City Att rney's Office `/
Ordinance No. 17-4716
Page 3
It was moved by Mims and seconded by Taylor that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
Vote for passage:
Mims, Taylor,
Second Consideration _
Vote for passage:
ABSENT: ABSTAIN:
07/18/2017
AYES: Throgmorton,
Thomas. NAYS: None
Date published 08/10/2017
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Botchway, Cole, Dickens,
ABSENT: None
Moved by Mims, seconded by Thomas, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and
vote be waived and the ordinance be voted upon for final
passage at this time. AYES: Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens, Mims. NAYS: None. ABSENT: None.
I_` CITY OF IOWA CI
- � COUNCIL ACTION REPO 7
July 18, 2017
Consider an ordinance amending Title 9, Entitled "Motor Vehicles and
Traffic," Chapter 3, Entitled 'Rules of the Road," Section 6, Entitled "Speed
Restrictions," Subsection B, Entitled "Exceptions" to establish a maximum
allowable speed of 35 mph on American Legion Road between the
intersection of Scott Boulevard and Taft Avenue and amending Subsection
C, Entitled "School Speed Zones" to establish a 20 mph school speed zone
for Hoover Elementary School
Prepared By: Emily Bothell, Acting Sr. Transportation Engineering Planner
Reviewed By: Kent Ralston, Transportation Planner
Doug Boothroy, Neighborhood & Development Services Director
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This proposed ordinance amendment precedes the August 2017 opening of the new Hoover
Elementary School on American Legion Road and the reconstruction of American Legion Road
in FY2020.
Background / Analysis:
This proposed amendment is meant to facilitate the implementation of a 20 mph school zone
speed limit for Hoover Elementary on American Legion Road and on Barrington Road adjacent
to the new school. This action will ensure there is consistency in speed limits amongst
elementary schools. This action will also reduce the maximum allowable speed on American
Legion Road to 35 mph in anticipation of the opening of the new Hoover Elementary School in
August 2017.
IN
Prepared by: Emily Bothell, Assistant Trans. Planner, 410 E. Washington Street, Iowa City, IA 52240319-356-5250
Ordinance No.
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," chapter
3, entitled "Rules of the Road," section 6, entitled "Speed Restrictions,"
subsection C, entitled "School Speed Zones" to establish a 20 mph school
speed zone for Horace Mann Elementary School effective for certain time
periods
Whereas, it is in the best interest of the City to define maximum allowable speeds for all
vehicles on public streets and highways; and
Whereas, it is in the best interest of the City to limit vehicle speeds near schools to 20 mph to
create a safer environment for school children; and
Whereas, City Code Section 9-3-6(C) currently defines 20 mph school speed zones for streets
near elementary schools;
Whereas, Horace Mann Elementary School is located on Dodge Street in Iowa City, which is
also State Highway 1, and therefore staff coordinated with the Iowa Department of
Transportation to set the school speed zone; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," chapter 3, entitled "Rules of the Road," section
6, entitled "Speed Restrictions," subsection C, entitled "School Speed Zones" is hereby
amended by adding "unless otherwise specifically noted herein" and by adding a portion of
Dodge Street as a school speed zone as follows:
C. School Speed Zones: Upon the basis of a traffic investigation, school speed zones on the
following streets are established in which the maximum speed limit shall be twenty (20)
miles per hour from seven o'clock (7:00) A.M. through five o'clock (5:00) P.M., on Monday
through Friday of each week, unless otherwise specifically noted herein, after the city
manager, or designee, has established signs to designate the zones:
Name of Street Where Limit Applies
From 350 feet north of Church Street to a point 250 feet
south of Church Street effect during the following periods
Dodge Street — 7:25 AM to 8:10 AM and 2:40 PM to 3:25 PM Monday,
Tuesday, Wednesday, and Friday and 7:25 AM to 8:10
AM and 1:40 PM to 2:25 PM on Thursday when school
is in session
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be effective upon publication.
Passed and approved this day of 2017.
Mayor
Attest:
City Clerk
Approved by
i A- �� 7
City ttorney's Office /
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
that the
First Consideration 08/01/2017
Voteforpassage: AYES: Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 1, 2017
Ordinance amending title 9, entitled "Motor Vehicles and Traffic," chapter 3,
entitled "Rules of the Road," section 6, entitled "Speed Restrictions,"
subsection C, entitled "School Speed Zones" to establish a 20 mph school
speed zone for Horace Mann Elementary School effective for certain time
periods
Prepared By: Emily Bothell, Acting Sr. Transportation Engineering Planner
Reviewed By: Kent Ralston, Transportation Planner
Doug Boothroy, Neighborhood & Development Services Director
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This proposed ordinance amendment facilitates the implementation of a 20 mph school zone
speed limit on Dodge Street near Horace Mann Elementary School.
Background / Analysis:
This ordinance amendment establishes a school zone speed limit of 20 miles per hour on
Dodge Street from 350 feet north of Church Street to a point 250 feet south of Church Street
effect during the following periods— 7:25 AM to 8:10 AM and 2:40 PM to 3:25 PM Monday,
Tuesday, Wednesday, and Friday and 7:25 AM to 8:10 AM and 1:40 PM to 2:25 PM on
Thursday when school is in session. Staff coordinated this amendment with the Iowa DOT as it
is part of the State Highway system (Highway 1).
L
q
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance NO. 17-4717
Ordinance amending Title 16, "Public Works", Chapter 3, "City Utilities",
Article C, "Potable Water Use and Service", Section 10, "Private Wells
Restricted" to allow private wells to be installed by governmental entities
within city limits if determined by the City to be in the public interest and to
clarify that geothermal wells are not private water wells for purposes of this
section of the City Code.
Whereas, The Board of Supervisors of Johnson County has requested that the City allow
the County to install a private well at the Poor Farm owned by the County and within city limits;
and,
Whereas, Section 16-3C-10 of the City Code prohibits the installation of private water wells
within city limits except in limited circumstances which do not apply to a well at the Poor Farm;
and,
Whereas, the County's goals for the renovation and use of the historic Poor Farm are
consistent with the City's strategic planning goals and in the public interest and the Public
Works Director has determined that the installation of a well at the poor farm will not adversely
affect City water; and ,
Whereas, it is in the public interest to amend the City Code to allow for private water wells
within city limits under such limited circumstances.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment. Title 16, Chapter 3, Article C, Section 10 is hereby amended by
deleting the section and substituting the following in lieu thereof:
16-3C-10: Private Wells Restricted
A. No person shall install a private water well within the city limits unless:
1. A determination has been made by the public works director that
(a) The point of water use is greater than three hundred feet (300') from an accessible
distribution water main owned and controlled by the city;
(b) The proposed private well is located outside the influence of an existing or proposed city
owned well; and
(c) The proposed private well is needed due to extraordinary circumstances of the location
of the property within the city which, if private ground water sources were not used, would work an
extraordinary hardship on the property.
NV
2. The well is being installed by a governmental entity on property owned by that entity; the public
works director has determined that the installation of the well will not adversely affect City water;
and, the City Manager has determined that the installation of a well is in the public interest.
Ordinance No 17-4717
July 12, 2017
Page 2
B. The city may require owners of existing private wells to connect to a city owned distribution water
main in accordance with provisions of this article if the above conditions are not satisfied. Such
connection shall be completed within ninety (90) calendar days after official notice to do so, and
the existing private wells abandoned as required by state law. (Ord. 95-3683, 6-27-1995)
C. A geothermal well is not a private water well for purposes of this Section.
Section Il. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed andapprovedthis 1st day of August .20 17
G . 0 Approved by: ' `7 r ► 2 — i
M or City Attorney
Attes =
ITY CLERK
Ordinance No. 17-4717
Page 3
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
x
Botchway
x
Cole
x
Dickens
x
Mims
x
Taylor
x
Thomas
x
Throgmorton
First Consideration 07/18/2017
Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor. NAYS: None. ABSENT: None
Second Consideration _
Vote for passage:
Date published 08/10/2017
Moved by Mims, seconded by Taylor, 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: Botchway, Cole, Dickens, Mims,
Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None.
that the
CITY OF IOWA T'C:
COUNCIL ACTION REPOk 91
July 18, 2017
Ordinance amending Title 16, "Public Works", Chapter 3, "City Utilities",
Article C, "Potable Water Use and Service", Section 10, "Private Wells
Restricted" to allow private wells to be installed by governmental entities
within city limits if determined by the City to be in the public interest and to
clarify that geothermal wells are not private water wells for purposes of this
section of the City Code.
Prepared By:
Ron Knoche, Public Works Director
Reviewed By:
Eleanor Dilkes, City Attorney; Geoff Fruin, City Manager
Fiscal Impact:
None
Recommendations:
Staff: Approval
Commission: None
Attachments:
Ordinance
Executive Summary:
This ordinance will amend Section 16-3C-10 of the City Code that prohibits private water wells within
City limits to allow governmental entities to install private water wells on property they own if the
installation does not adversely affect City water and the City determines that it is in the public interest,
and to clarify that geothermal wells are not private water wells for purposes of this section of the Code.
Background / Analysis:
The Johnson County Poor Farm is located at 4811 Melrose Avenue. There were two wells located on the
property. Johnson County looked into repairing these wells but they were dry. These wells have been
properly abandoned. In May 2017, the Johnson County Board of Supervisors requested to drill a new
water well. This requires the City Code to be amended.
The Code, as currently written, will not allow Johnson County or any other public entity to install a well
when there is City water available. This ordinance change will allow a public entity to install a private
water well as long as it is on property owned by that entity, the Public Works Director has determined
the installation will not adversely affect the City water system and the City Manager determines it is in
the public interest.
The ordinance change will also establish that a geothermal well is not considered a private water well.
/D
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amendingTitle 16, entitled "Public Works" Chapter 1,
entitled "Streets Sidwalks and Public Right of Way," to establish a
permit process for placement of small cell antennae in the right of
way.
Whereas, SF 431, which is effective July 1, 2017, limits the ability of the City to regulate the
placement of small antennae by private companies on poles in the right of way, including on City
traffic and light poles, as well as the installation of new poles;
Whereas, the antennae are used to provide cell phone service;
Whereas, SF 431 allows the City to establish a permitting process for placement of small
antennae on poles in the right of way and installation of new poles in the right of way; and
Whereas, it is in the best interest of the City to adopt a permitting system consistent with the
requirements of SF 431.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments
1. Title 16, entitled "Public Works," Chapter 1, entitled
"Streets, Sidewalks and Public Right of Way," is amended by adding the following new Article G
entitled "Small Wireless Facility Use Permit":
1. No person may site a small wireless facility in the right of way or on a City structure
except as provided herein.
2. Definitions. micro wireless facility, small wireless facility, siting, transmission equipment,
and utility pole shall be defined as those terms are defined in Chapter SC of the Code of
Iowa.
Application means a request to site a small wireless facility in the right of way.
City structure means a structure owned by the City that exists at the time an application
is submitted and is capable of supporting the attachment or installation of transmission
equipment in compliance with applicable codes, including but not limited to water towers,
buildings, and other structures, whether within or outside the public right-of-way. It does
not include a tower or existing base station or other structure owned by the City that
exists at the time an application is submitted.
Small Wireless Facility Use Permit means written authorization to site a small wireless
facility in the right of way.
3. A. The application shall be submitted to the Public Works Department on a form
provided by the Public Works Department.
B. The application shall be deemed granted unless the Director of Public Works, or
designee, denies or approves it within 90 days of submission of a completed application.
The City and the applicant may agree in writing to extend the time for processing an
application. If the City receives applications for the approval of more than seventy-five
small wireless facilities within a single seven-day period, whether from a single applicant
or from multiple applicants, the Director of Public Works, or designee, may notify an
applicant submitting any additional siting applications during that seven-day period that
the City is invoking its right to an automatic thirty -day extension for any additional siting
application submitted during that seven-day period.
C. The Director of Public Works, or designee, may only deny an application if any of the
following apply:
L The application fails to include reasonable information required by the City and in
accordance with this subsection.
ii. The application does not comply with the Iowa electrical safety code, the national
electrical safety code, applicable fire safety codes, or any building code or similar
code of general applicability for the protection of the public health, safety, or
welfare that was adopted by an City prior to the filing of the application.
iii. The application would result in the City being noncompliant with the federal
Americans With Disabilities Act.
iv. (A) A licensed engineer selected by the applicant or the City certifies that siting
the small wireless facility as proposed would compromise the structural safety of,
or preclude the essential purpose of, the utility pole or wireless support structure
in the public right-of-way on which it is proposed to be sited and any of the
following conditions apply:
(1) The applicant fails to redesign the small wireless facility in a manner
determined necessary by the engineer to make the existing utility pole or wireless
support structure structurally sound for the siting of the small wireless facility.
(2) The applicant fails to modify the utility pole or wireless support structure to
make the structure structurally sound for the siting of the small wireless facility.
(3) The applicant fails to replace the utility pole or wireless support structure with
a utility pole or wireless support structure that is structurally sound for the siting
of the small wireless facility.
(4) The applicant fails to propose an alternative location for the siting of the small
wireless facility.
(B) If an applicant chooses to modify or replace a utility pole or wireless support
structure to make the structure structurally sound for the siting of a small wireless
facility, the applicant shall pay or advance to the City the costs of modifying or
replacing the utility pole or wireless support structure with a utility pole or wireless
support structure that would safely support the small wireless facility and
preserve the essential purpose of the utility pole or wireless support structure.
v. The application seeks approval of a new small wireless facility, utility pole, or
wireless support structure that would impair, interfere with, or preclude the safe
and effective use of facilities already located in the public right-of-way for
pedestrian, vehicular, utility, or other City public right-of-way purposes.
vi. The application seeks approval for the siting of a small wireless facility outside
the public right-of-way that would impair, interfere with, or preclude the safe and
effective use of a City structure or property for a public purpose.
vii. The application seeks approval for the siting of a small wireless facility on a
wireless support structure used exclusively for emergency communications
equipment.
viii. The application seeks approval for the siting of a small wireless facility on a utility
pole that is the vertical portion of a support structure for a traffic control signal or
device, and the City determines that the utility pole lacks sufficient space or load
capacity for the proposed siting or the small wireless facility cannot be sited on
the utility pole without impairing the public health, safety, or welfare.
B. The Director of Public Works, or designee, shall document the basis for the denial,
including the specific code provisions or standards on which the denial is based, and
provide the applicant with such documentation on or before the date the application
is denied.
C. An applicant whose application is denied shall have an opportunity to cure any
deficiencies identified by the Director of Public Works, or designee, as the basis for
the denial and to submit a revised application within thirty days following the date of
denial without paying an additional fee. The Director of Public Works, or designee,
shall approve or deny a revised application within thirty days following submission.
The Director of Public Works, or designee, shall not identify any deficiencies in a
second or subsequent denial that were not identified in the original denial.
4. A. The duration of a permit shall be ten years, with one automatic five-year renewal.
B. The owner of the small wireless facility may terminate the permit upon providing
ninety days' notice to the City.
C. The construction of a small wireless facility permitted pursuant to this City Code
section shall commence no later than two years following the date that the permit is
issued, or two years after any appeals are exhausted. If construction is not
commenced as provided herein, the permit expires.
D. Upon expiration of the permit or upon termination by the owner, the owner shall
remove the small wireless facility from the right-of-way at its sole cost. If the owner
fails to do so within thirty days, the City may remove it and discard it at the owner's
expense.
5. The permit is subject to the following conditions:
A. Payment of the annual recurring rate.
B. Compliance with the Iowa electrical safety code, the national electrical safety code,
applicable fire safety codes, and any building code or similar code of general
applicability for the protection of the public health, safety, or welfare that the City has
adopted prior to the filing of the application.
C. The small wireless facility reasonably matches the aesthetics of an existing utility pole
or wireless support structure that incorporates decorative elements. Aesthetics
includes but is not limited to color.
D. Compliance with section 306.46(1) and section 306.47 of the Iowa Code.
E. After the construction of a small wireless facility or new utility pole is completed in
accordance with all conditions under which the permit is granted, the owner of the
small wireless facility or new utility pole, or the owner's successor in interest, shall
maintain the small wireless facility or new utility pole at the expense of the owner or
successor.
F. If, after the construction of a small wireless facility or new utility pole is completed in
accordance with all conditions under which the permit is granted, the City
subsequently undertakes any maintenance, public improvement project, or
reconstruction of City -owned property or equipment which requires the modification,
relocation, or reconstruction of the small wireless facility or new utility pole, such
work and the costs thereof shall be the responsibility of the owner or successor. If
the project necessitating the modification, relocation, or reconstruction of the small
wireless facility or new utility pole is for a private commercial purpose, the owner or
successor shall modify, relocate, or reconstruct the small wireless facility or new
utility pole upon prepayment of the costs of such work by the private commercial
entity whose project facilitates the need for such work. For purposes of this provision,
,.new utility pole" means a new utility pole installed by a wireless service provider
pursuant to this section solely for use as a wireless support structure and that is
owned by the wireless service provider.
G. The height shall not exceed the limitations in Section 8C.7C(1) of the Iowa Code.
6. A wireless service provider shall obtain a permit to work in the right-of-way or on a City
structure located outside of the right-of-way with the same terms and conditions provided for
other commercial projects or uses in the right-of-way or on a City structure, such as
excavating permit.
7. In addition to obtaining a Small Wireless Facility Use Permit, a person shall obtain a Micro
Wireless Facility single -use right-of-way permit for the installation, placement, operation,
maintenance, or replacement of a micro wireless facility if any of the following conditions
apply:
A. The work is contained within a highway lane or requires the closure of a highway
lane.
B. The work disturbs the pavement, shoulder, ditch, or operation of a highway.
C. The work involves placement of a micro wireless facility on a limited access right-of-
way.
D. The work requires any specific precautions to ensure the safety of the traveling
public or the protection or operation of public infrastructure and such work was not
authorized in, or will not be conducted in, the same time, place, or manner that is
consistent with the approved terms of the existing permit for the facility or structure
upon which the micro wireless facility is attached.
E. For purposes of this subparagraph division, "highway" means the same as defined in
Section 325A.1 of the Iowa Code.
8. Fees and rates shall be set by resolution.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction.
Section IV, Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2017.
Attest:
City Clerk
Approved by
Q' -r-}
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
that the
First Consideration 08/01/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Z 1 CITY OF IOWA CIT
COUNCIL ACTION REM)
August 1, 2017
Ordinance amending Title 16, entitled "Public Works," Chapter 1, entitled
"Streets, Sidewalks and Public Right of Way," to establish a permit process
for placement of small cell antennae in the right of way
Prepared By: Susan Dulek, Assistant City Attorney
Reviewed By: Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
SF 431 passed this spring limits the ability of cities to prevent private companies from placing their
small antennae on poles in the right of way, including on City traffic and light poles. These
antennae are used to provide cell phone service. This ordinance establishes a permitting process
consistent with the requirements of SF 431.
Background / Analysis:
SF 431, although effective July 1, applies to applications for placement of antennae in the right
of way received after September 1, 2017. SF 431 amends Chapter 8C of the Code of Iowa,
which was enacted two years ago to provide uniformity throughout the State for purposes of
locating cell towers. SF 431 similarly limits how cities can regulate the placement ("siting" is the
term in the law) of small antennae on poles in the right of way. These poles include City light
poles and traffic poles. In addition, SF 431 allows the private company to install its own poles in
the right of way with limited exception.
Previously, cities at their discretion could enter into an agreement with a business essentially to
lease space on a municipal pole. SF 431 prohibits cities from requiring an agreement, but
authorized cities to require a permit for the siting on an existing pole or the installation of a new
pole. The reasons for cities to deny an application and the conditions of the permit are largely
set forth in the state law. The term of the permit must be at least 10 years with the option for a
5 -year renewal.
The ordinance, which largely mirrors SF 431, provides that the City must grant the application
for the siting of an antenna on a City pole or installing a new pole with limited exception. Such
exceptions include: a) it must "reasonably match the aesthetics of an existing utility pole"; b) it
cannot interfere with the operation of the street; and c) "if a licensed engineer certifies that it
would compromise the structural safety of, or preclude the essential purpose" of the pole.
Conditions of the permit include that the company must maintain the antenna, and if the City
subsequently undertakes a public improvement project that requires the relocation of the
antenna or a new pole, such costs are the responsibility of the private company.
The proposed ordinance addresses the permitting provisions of Section 3(3) in SF 431. Staff will
r 1 CITY OF IOWA CITY
qu Malt COUNCIL ACTION REPORT
be submitting an ordinance to the Planning and Zoning Commission with respect to the zoning
provisions of SF 431 in the near future.
The fees that cities may charge are capped by the State law, and a resolution on fees will be on
the same agenda as the third consideration of this ordinance.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title
10, entitled "Public Ways and Property," to allow alcohol in park
shelters.
Whereas, the City Code allows possession and consumption of alcohol in parks only with a
permit or by a written agreement;
Whereas, the Parks and Recreation Commission has recommended that the restrictions on
alcohol in park shelters be relaxed; and
Whereas, it is in the City's interest to allow possession and consumption of beer and wine in
park shelters with a shelter reservation except for the shelters in Napoleon Park and I.C. Kickers
Park.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled
"Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places
and City Buildings," is amended by adding the following two sentences to Subparagraph B:
Notwithstanding any other provision in this section, a person may possess and consume
beer or wine inside any park shelter, with the exception of those in Napoleon Park and I.C.
Kickers Park, during the time period the shelter has been reserved. All persons reserving a
shelter and all persons possessing and consuming beer or wine in the shelter shall abide by
the administrative rules approved by the City Manager.
2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by deleting
Subparagraph F and substituting in lieu thereof the following new Subparagraph F:
Alcoholic Beverages. Possess or consume alcohol except as provided in Section 4-5-3 of
the Code.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
Section IV. Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2017.
Mayor
Attest:
City Clerk
Approved by
<: I -d�' -i j --
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/01/2017
Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: Cole. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 1, 2017
Ordinance amending Title 4, entitled "Alcoholic Beverages" and
Title 10, entitled "Public Ways and Property," to allow alcohol in
park shelters
Prepared By: Juli Seydell Johnson, Director of Parks & Recreation
Reviewed By: Sue Dulek, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: Approval
Attachments: Ordinance, 5-10-17 Park Commission Minutes
Executive Summary:
This action amends City Code to allow for the consumption of beer and wine during park shelter
reservations.
Background / Analysis:
A resident recently sent a request to City Council asking the City to reconsider policies relating
to alcohol consumption during park shelter rentals. The City Council briefly discussed this at the
May 2, 2017 work session. Council directed staff to research similar policies from other cities,
discuss it with Parks and Recreation Commission, and return to Council for further discussion.
Other Cities' Policies:
Alcohol in parks policies were reviewed from the communities listed below. Iowa City is the only
one of the group that currently prohibits alcohol in parks. None of the cities below reported
concerns or issues with consumption of alcohol in their parks.
• Coralville — Beer and wine are allowed in the park with the purchase of a $15.00 alcohol
permit obtained at the time of shelter reservation.
• Dubuque — Wine, alcohol and canned beer are allowed. Wine and alcohol must be
served in plastic containers. Keg beer is not allowed except by approval of the Leisure
Services Manager.
• Ames — Keg beer is not allowed in any park. Beer and wine are allowed in Brookside,
Inis Grove, McCarthy Lee, North & South River Valley and Moore Memorial Parks.
Alcohol beverages of any kind are not allowed in any other park areas.
• Cedar Rapids — Canned and bottled beer is allowed in the parks; anything larger than
one quart size requires a $12 permit purchased in person at least 5 business days prior
to the event. Police verify compliance with all permitted events.
08-01-17
11
Z CITY OF IOWA CITY
COUNCIL ACTION REPORT
• Davenport — Authorization for serving alcohol in park facilities requires the user to secure
host liability insurance for event.
• Cedar Falls — Keg beer is not allowed. Alcohol in parks is confined to shelters during
permitted reservations.
The Parks and Recreation Commission reviewed policies from other Iowa cities, heard public
comment, and discussed a change in policies to allow alcohol use in park shelters. The
Commission made a recommendation that the alcohol policy be amended to allow for the
consumption of wine and beer shelters. Additionally, the Commission expressed concerns that
additional fees for either permits or insurance would likely deter renters from complying with a
policy change and asked staff to consider the benefits and cost of all additional fees.
Department representatives from Parks & Recreation, the City Attorney's Office, the City
Manager's Office and Police met to determine how best to implement the change. The
consensus of this group is to recommend a change to the City Code to allow alcohol at all
shelter rentals by right except those at Napoleon Softball and Iowa City Kicker's Soccer
complexes since these two venues primarily cater to youth sports.
No change is recommended to the alcohol policies for Terry Trueblood Lodge and the Ned
Ashton House. The City will continue to require host liability insurance at these facilities. These
policies are more comprehensive due to the size, type of facility and complexity of events held
in these buildings.
Insurance:
The Commission expressed concern about the additional cost to shelter renters by requiring
host liability when alcohol is present. A policy for a one-time event costs approximately $100.
The shelters covered by this proposed change are largely open air shelters. Staff felt that the
amount of potential damage during a shelter use would be covered by the damage deposit
collected for all shelter rentals.
Additional Permit with Additional Fee:
Requiring an alcohol permit with an additional fee of $15-20 was considered. The benefit of a
permit would be to serve as a check to ensure that the person renting the shelter is at least 21
years old. The extra permit would also provide a list of shelter rentals that plan to have alcohol
available to police and park staff. However, requiring an ID check would mean that shelter
reservations could only be done in person at the Recreation Center Customer Service counters
rather than on-line as they are currently available.
Police did not feel that the list of alcohol permits would be appreciably different from the current
list of shelter rentals. Enforcing the age requirement, open container issues outside the shelters
or behavior issues related to alcohol use could be enforced without the need of an alcohol
permit. The City Attorney cautioned that an administrative fee must reflect the additional service
CITY OF IOWA CITY
COUNCIL ACTION REPORT
received for the fee. Staff felt that there was not sufficient additional staff time to require the
additional fee.
As a result, issuing a separate permit for alcohol consumption or requiring additional insurance
was determined to not add an appreciable amount of oversight from either police or park staff
and would likely deter park users from following the new regulations.
Restrictions on Type of Alcohol:
The recommendation is to allow only wine and beer inside the shelters. Containers up to the
size of pony keg (the equivalent of 82 - 12 ounce cans) would be allowed. The allowance of
small kegs of beer was based on a previous appeal by residents wishing to bring in growlers or
smaller kegs of home brewed and locally brewed beer not available in individual containers.
If Council approves this ordinance, staff will change the Administrative Policies for parks to
prohibit glass containers. This is in response to clean up and safety issues in the park areas.
Restriction on Consumption at Youth Athletic Facilities:
Staff recommends that alcohol not be allowed in the shelters at the Iowa City Kickers Soccer
Complex or Napoleon Softball Fields as these two areas are primarily used for youth athletic
events.
Administrative Policy vs Ordinance Change:
The City Code currently requires a permit for alcohol in the parks, and in order to allow beer and
wine by right with a shelter reservation, the Code needs to be amended. By placing restrictions
in an ordinance, rather than an administrative policy, staff can issue a municipal infraction for a
violation if necessary.