HomeMy WebLinkAboutPZ Agenda Packet 04.20.2022
PLANNING AND ZONING COMMISSION
Wednesday, April 20, 2022
Formal Meeting – 6:00 PM
Emma Harvat Hall
410 E. Washington Street
Agenda:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
Zoning Code Text Amendments
4. Case No. REZ22-0002
Consideration of an amendment to Title 14, Zoning to allow basic utility uses in the
Neighborhood Public (P-1) zone.
5. Case No. REZ22-0007
Consideration of an amendment to Title 14, Zoning to allow a door connecting a drinking
establishment to a sales-oriented retail use and not consider it an expansion if certain criteria
are satisfied.
6. Case No. REZ22-0004
Consideration of an amendment to Title 14, Zoning to clarify requirements and ensure
compliance with changes to State law.
7. Consideration of Meeting Minutes: March 2, 2022
8. Planning & Zoning Information
9. Adjournment
If you will need disability-related accommodations to participate in this meeting, please contact
Anne Russett, Urban Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests
are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: May 4 / May 18 / June 1
Informal: Scheduled as needed.
Date: April 20, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0002) to allow private basic utility uses in the
Neighborhood Public (P-1) zone
Introduction
Over the past several years, needs have changed regarding the provision of infrastructure in Iowa
City, including the services that are considered essential. On one hand, Iowa City is growing, and
suitable locations must be identified for private infrastructure to facilitate this growth, such as
electric substations. On the other hand, new types of infrastructure are expanding in existing
neighborhoods, including broadband service. In both cases, it can be challenging to find suitable
locations due to restrictive zoning requirements for private utilities. To address this issue, staff
developed the proposed amendment to Title 14 Zoning (Attachment 1) to allow private basic utility
uses in Neighborhood Public (P-1) zones. The amendment also helps clarify and standardize the
Chapter on public zones (14-2F) and adjusts the specific approval criteria for basic utility uses
(14-4B-4).
Background
Public zones are typically used to indicate public ownership and use of land. The Neighborhood
Public Zone (P-1) denotes land owned by local governments, including the City, Johnson County,
and Iowa City Community School District. Section 14-2F-2 lists if a use is permitted, allowed
provisionally, or allowed by special exception in public zones. Provisional uses must meet specific
requirements, while uses allowed by special exception must meet both general and specific
approval criteria and be approved by the Board of Adjustment. Some private uses are already
allowed in public zones, including privately-owned communication transmission facilities and
utility-scale ground-mounted solar systems, which are allowed provisionally or by special
exception.
Basic utility uses are public or private infrastructure services that must be near the area the service
is provided. Examples include electric substations, gas regulator stations, telecommunicatio ns
switching and relay facilities, water and sewer lift stations, water towers, and reservoirs.
Basic utility uses are currently allowed in most commercial zones (excluding Mixed Use) and
industrial, research, Riverfront Crossings, and T4 Form-Based zones, in addition to non-
residential interim development zones, subject to the following use-specific criteria:
• Provisional
o Basic utility uses enclosed in a building that houses another allowed principal use are
permitted if the facility is completely enclosed and there is no visible indication of the
facility from the exterior. Standalone uses require a special exception. In a T4 zone,
uses must be completely enclosed within a building with no other approvals possible.
o Basic utility uses are allowed in ID-I & industrial zones if they are at least 200 feet from
residential zones and are screened from view of public rights-of-way to at least the S3
standard. Basic utility uses closer than 200 feet must apply for a special exception.
April 20, 2022
Page 2
o Water and sanitary sewer pumps or lift stations approved as part of subdivision or site
plan approval are allowed without a special exception.
• Special Exception
o Basic utility uses not meeting the above standards above may get a special exception
from the Board of Adjustment (except in T4 Form-Based zones). Such uses must be
screened from public view and view of adjacent residential zones to at least the S3
standard and must be compatible with surrounding structures/uses based on safety,
size, height, scale, location, and design.
o In ID-RP and ORP zones, the Board may reduce the minimum lot size for a basic utility
use if the facility will be located, screened, and landscaped in a manner that will not
detract from surrounding properties or prevent development of an attractive
entranceway to an existing or future office research park.
Only publicly owned basic utility uses are currently allowed in public zones. However, private
basic utility uses also provide necessary infrastructure services for residents and businesses and
must be close to customers, so staff finds it appropriate to allow such uses in P-1 zones.
Proposed Amendment: Private Basic Utility Uses in Public Zones
The proposed amendment (Attachment 1) would treat private basic utility uses in P-1 zones
similarly to how they are treated in commercial zones. That is, they would be allowed provisionally
if the use is enclosed within a building with no visible indication of the use from the exterior, or if
they are water and sanitary sewer pumps or lift stations approved by the City as part of subdivision
or site plan approval. Otherwise, the utility provider must obtain a special exception from the
Board of Adjustment upon a finding that the following specific approval criteria are met:
1) Proposed use must be screened from public view and from view of any adjacent residential
zones to at least the S3 standard.
2) The use will be compatible with surrounding structures and uses with regard to safety,
size, height, scale, location, and design, especially if located near residential zones.
In addition to the specific approval criteria, the Board must also find that the proposed use meets
the following general approval criteria set forth in 14-4B-3A:
1) The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
2) The specific proposed exception will not be injurious to the use and enjoyment of other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
3) Establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the
district in which such property is located.
4) Adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided.
5) Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
6) Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
7) The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
April 20, 2022
Page 3
The Board may include conditions for approval such as additional design elements in highly visible
areas, like masonry or brick facades and walls or fencing, to improve public safety and to soften
the visual impact of the proposed use.
Staff also proposes to amend the provisional use requirement that basic utility uses be in the
same building as another principal use allowed in the zone. This leads to situations where utility
uses within standalone buildings, such as communication hubs, require a special exception
because there is not another allowed use in the building. Staff recommends striking this criterion
and relying on existing zone-specific site development standards. This change will result in
enclosed utilities being reviewed administratively rather than by special exception. Over the past
5 years, only two special exceptions were required for enclosed buildings, both of which were
for ImOn communications hubs. Other proposed changes help to harmonize the public zone
section with other zone sections.
Analysis
Currently, basic utility uses are allowed provisionally or by special exception in most commercial,
industrial, research, Riverfront Crossings, and T4 Form-Based zones, in addition to non-
residential interim development zones. Map 1 shows the location of these zones. Areas shown in
red on the map allow basic utility uses either provisionally or by special exception. Areas shown
in purple on the map allow basic utility uses provisionally. Areas shown in blue on the map are
new areas that would allow private basic utility uses if the proposed amendment is adopted.
Figure 1. Map of Commercial, Industrial, Research, and P-1 Zones
April 20, 2022
Page 4
Currently, areas zoned to allow basic utility uses are located near downtown, along major
corridors (such as I-80 and Highways 1, 6, and 218), near railroads, and in defined commercial
nodes (such as Towncrest, the Iowa City Marketplace, Olde Town Village, or Walden Square).
While there is relatively good coverage, gaps exist in residential areas throughout the City. These
are especially notable in developing areas away from existing commercial uses, including to the
south, southwest, and east Iowa City. This becomes an issue when providers need to expand
infrastructure to developing areas or provide new services within existing neighborhoods that are
far from commercial areas. On the other hand, public zones are better dispersed through the City.
Other large communities in Iowa allow private basic utility uses in a wider variety of zones,
including residential zones. These communities often use a broader definition of utilities with
Minor or Major subcategories. Generally, basic utility uses in lower intensity zones are required
to abide by additional standards, including conditional or Board of Adjustment review and/or the
issuance of a franchise agreement or permit. In all communities reviewed, utilities were allowed
in all zones either as a permitted use or following conditional approval. In the case of Davenport,
both public and private utilities are reviewed during site plan but are exempt from zoning if located
within appropriate easements. A summary of how Des Moines, Cedar Rapids, and Davenport
regulates utility uses is available in Attachment 3. Their approaches avoid Iowa City’s issue
whereby the provision of basic utilities is restricted in large areas of the City.
Allowing basic utility uses in P-1 zones would open new areas for private basic utility uses
throughout the City, including areas of land to the south, southwest, and east, and in proximity to
other public uses that may be appropriate, such as fire stations, water reservoirs, sewer pump
stations, or other County or City owned properties. Because these uses would be treated similarly
to basic utility uses in commercial areas, staff does not anticipate substantial issues arising from
the proposed amendment. The amendment also prevents areas from being zoned for commercial
or other more intensive land uses near residential areas to provide necessary services to
residents. This prevents future risk should such uses relocate and leave commercial or industrial
zoning that could allow less compatible land uses.
Consistency with Comprehensive Plan
The Comprehensive Plan contains policies for growth and infrastructure that guide development,
including a long-range planning boundary for the City, considerations for annexation, and how
public funds for infrastructure and improvements should be invested. The focus of these policies
is to prioritize development in areas best served by current and planned infrastructure. Doing so
provides the highest levels of service at an efficient cost. The following housing and economic
development strategies reflect these policies:
• Identify and support infill development and redevelopment opportunities in areas where
services and infrastructure are already in place.
• Concentrate new development in areas contiguous to existing neighborhoods where it is
most cost effective to extend infrastructure and services.
While these strategies do not speak directly to infrastructure provision, they emphasize the
importance of well-planned utilities, without which the City could not continue to thrive. Allowing
basic utility uses in P-1 zones will improve coordination of public and private utilities and provide
greater flexibility in placing private utilities to ensure efficient provision of high-quality services for
both new and existing development.
Staff Recommendation
Staff recommends that the zoning code be amended as illustrated in Attachment 1 to allow basic
utility uses in Neighborhood Public (P-1) zones provisionally or by special exception.
April 20, 2022
Page 5
Attachments
1. Proposed Zoning Code Text Amendments
2. Map of Commercial, Industrial, and Research, and P-1 Zones
3. Basic Utility Use Standards: Des Moines, Cedar Rapids, and Davenport
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike-through notation indicates language to be
deleted
Amend 14-2F-1 as follows:
The full names, short names, and map symbols of the established public zones are listed below.
When this title refers to public zones, it is referring to the zones listed below.
A. Purpose: The purpose of the public zones is to provide reference to public ownership and
use of land, or to use of the land for infrastructure services that need to be located in or
near the area where the service is provided. These zones serve a notice function to those
owning or buying land in proximity to publicly owned land.
B. Zone Designations:
1. Neighborhood Public Zone (P-1): Uses such as schools, parks, police and fire stations,
and other civic buildings owned or otherwise controlled by the Ccounty, the Ccity, or the Iowa
City Ccommunity Sschool Ddistrict, and necessary infrastructure, for such uses will be
designated as P-1, neighborhood public zone. These uses are subject to certain development
standards in order to create a consonant transition between public and private uses.
2. Institutional Public Zone (P-2): The institutional public zone (P-2) provides reference to
public uses of land owned or otherwise controlled by the state or federal government, or their
subdivisions, such as university campuses, regional medical facilities, or post offices and
other state and federally owned facilities. This designation serves a notice function to
those owning or buying land in proximity to publicly owned land that is not ordinarily
subject to city development regulations. While these public entities are not ordinarily
subject to city regulations, tThe following standards serve as minimum guidelines for state
and federal government entities to use to help create a consonant transition between public and
private uses.
Amend 14-2F-2 as follows:
A. Determining Principal Uses Allowed:
1. Table 2F-1, located at the end of this section, indicates The following subsections
indicate whether a principal land use is permitted (P), allowed with provisions (PR), or allowed
by special exception (S) in the public zone.
2. Specific land uses are grouped into the categories and subgroups. To find out how a
specific land use is categorized, see chapter 4, article A, "Use Categories", of this title.
3. Provisional uses are allowed, subject to the additional requirements contained in chapter
4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this
title.
4. Uses listed as special exceptions are allowed only after approval from the Iowa City
board of adjustment. The general approval criteria for special exceptions are stated in chapter 4,
article B of this title along with specific approval criteria for most spec ial exception uses.
B5. Regulations pertaining to accessory uses are stated in chapter 4, article C, "Accessory
Uses And Buildings", of this title.
B. Permitted Uses:
1. Plant related agriculture.
2. Land, buildings or structures owned by the federal or state governments, or
political subdivisions thereof, and used for public or governmental purposes.
C. Provisional Uses:
1. Privately owned communication transmission facilities.
2. Utility-scale ground-mounted solar energy system.
D. Special Exceptions: Privately owned communication transmission facilities.
Attachment 1
Page 2
Table 2F-1: Principal Uses Allowed In Public Zones
Use Categories Subgroups P-1 P-2
Land, buildings, or structures used for public or governmental
purposes and owned by the federal, state, or local governments, or
political subdivisions thereof, or the Iowa City Community School
District
P P
Institutional and civic uses:
Basic utility uses PR/S
Utility-scale ground-mounted solar energy systems PR PR
Other uses:
Agricultural Uses Plant Related P P
Communication transmission facility uses PR/S PR/S
Amend 14-2F-6 as follows:
A. If any land zoned public is sold, conveyed, or transferred to anyone other than the
government of the United States, the state, or a political subdivision thereof, the buyer or
transferee must submit an application requesting the city to rezone the land in
accordance with the applicable procedures contained in chapter 8, article D of this title.
B. Land acquired by the government of the United States, the state or a political
subdivision thereof shall retain its existing zoning designation until such time as the
zoning map is amended to designate such land a public zone.
C. Before If the federal, state, or local government, or political subdivisions thereof, or
the Iowa City Community School District, conveys a leasehold interest in any land zoned
public is conveyed to anyone for a use other than those allowed in the public zone and to
anyone other than the government of the United States, the state or a political
subdivision thereof, the land must be rezoned to an appropriate zone in which the use is
allowed. The use shall be subject to all requirements of the new zone. Further, the zone shall
may be established as a dual n overlay zone, with the underlying zone retaining the its
original public zone designation.
Amend 14-4B-4D-1 as follows:
1. Basic Utility Usesies In Commercial And Industrial Zones And ID-C, ID-I, And ID-RP
Zones:
a. Basic Utility Usesies Within Enclosed Within Buildings: In all commercial,
industrial, and research zones, and in the ID-C, ID-I, and ID-RP zones, bBasic utility
usesies are permitted within a building that houses another principal use allowed in the
zone, provided the use facility is completely enclosed, and there is no visible indication of the
existence of the use facility from the exterior of the building.
b. Basic Utility Usesies Not Enclosed Within A Building:
(1) In the ID-I, I-1 and I-2 zones, basic utility usesies not enclosed within a building are
permitted, provided the use is located at least two hundred feet (200') from any residential zone
and is screened from view of public rights-of-way to at least the S3 standard. To ensure public
safety, the Ccity may also require that the use be enclosed by a fence. Basic utility usesies that
cannot meet the two hundred foot (200') separation requirement may apply for a special
exception from the Bboard of Aadjustment as described in subsection D(1)b(2) of this section.
(2) In all commercial zones, the RDP and ORP zones, and the P-1, ID-C and ID-RP
zones, basic utility usesies not enclosed within a building are permitted only by special
exception. Proposed uses must be screened from public view and from view of any adjacent
residential zones to at least the S3 standard. In addition, the applicant must provide
Attachment 1
Page 3
evidence that tThe proposed use must will be compatible with surrounding structures and
uses with regard to safety, size, height, scale, location, and design, particularly for facilities that
will be located close to or within view of a residential zone. For uses located in highly visible
areas, the Bboard may consider additional design elements such as masonry or brick facades,
and walls or fencing to improve public safety and to soften the visual impact of the proposed
use. Water and sanitary sewer pumps or lift stations approved by the Ccity as part of
subdivision or site plan approval do not require special exception approval from the Bboard of
Aadjustment.
(3) In the ID-RP and the ORP zone, the Bboard of Aadjustment may grant a special
exception to reduce the minimum lot size for a basic utility use; provided, that the applicant
demonstrates that the facility will be located, screened, and landscaped in a manner that will
not detract from surrounding properties or prevent development of an attractive entranceway to
an existing or future office research park.
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Legend
Iowa City Limits
Iowa City Zoning
Commercial and Research Zones
Industrial Zones
P-1 Zones
Commercial, Industrial,Research, & P-1 Zones
¯0 0.5 10.25 Miles
Excluding commercial zones that do not allow basic utility uses
Created April 7, 2022
Commercial and research zones included in this map allow basic utility uses either provisionally or by special exception. These are as follows:- CO-1- CN-1- CH-1- CI-1- CC-2- CB-2- CB-5- CB-10- RFC Zones- ID-RP- RDP- ORP
Industrial zones included in this map allow basic utility uses provisionally. These are as follows:- ID-I- I-1- I-2
The proposed amendment would allowbasic utilities in P-1 zones provisionallyor by special exception.
Attachment 3
Page 1
Regulation of Basic Utility Uses in Other Communities
Des Moines
Utilities and Public Service Facilities are classified as Minor or Major regardless of whether private or public (134-3.4.13).
Minor utilities are permitted by right in all zones except for F (floodplain). They are defined as infrastructure services that need to be
located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at
the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations;
electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and
emergency communication warning/ broadcast facilities.
Major utilities are a conditional use in all zones, which requires review by the Board of Adjustment. They are defined as infrastructure
services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above -ground electric
distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.
Applicable
Conditions:
Review Criteria (134-6.4.8)
1. Locating and operation of the use or activity adequality safeguards the health, safety, and general welfare of persons
in adjoining or surrounding property.
2. Will not impair adequate supply of light and air to surrounding property.
3. Will not unduly increase congestion of streets, or public danger of fire, safety, or flooding.
4. Will not diminish surrounding property values
5. Consistent with general purpose of zoning ordinance, chapter 135 of this code, and the comprehensive plan
6. Thew proposed use in an F zoning district is fully in compliance with chapter 50 of this code.
7. Proposed use shall have no significant impact on the use and enjoyment of adjoining property.
8. Adequate setbacks will be provided
9. No parking shall be permitted in a required front yard of an N district unless shown to be compatible with adjoining land
use
The BOA may prescribe appropriate conditions and safeguards. Violations of conditions or safeguards shall result in revocation
of the conditional use approval
Cedar Rapids
Utilities and Public Service Facilities are classified as Minor or Major regardless of whether private or public.
Minor utilities are permitted by right with use-specific standards in all zones and special districts (32.03.03.B.11.b). They are defined as
infrastructure services that do not have substantial impacts on surrounding areas or are otherwise necessarily distributed throughout the
Attachment 3
Page 2
community to aid in the operation, distribution, collection, conveyance, transmission, storage or other necessary aspect of a public or
private utility service. Typical uses include electric substations, pump or lift stations, water towers, electric or control vaults or cabinets,
and other similar equipment or structures necessary for the operation of any public or franchised private utility or service.
Major utilities are permitted as a conditional use in all zones and special districts, which requires Board of Adjustment approval
(32.03.03.B.11.a). They are defined as infrastructure services that have substantial land use impacts on surrounding areas. T ypical uses
include, but are not limited to, water and wastewater treatment facilities, major water storage facilities, railroad infrastructure, and electric
generation plants.
Applicable
Conditions:
A minor utility shall comply with the following use-specific standard:
1. Mechanical, electrical, or similar equipment shall be enclosed located within a vault or cabinet, or shall be screened
from any adjacent Urban district, Residential District, Mixed Use District or Public Right of Way. Exceptions may be
granted by Major Design Exception
A major utility must abide by the use-specific standards and the following criteria:
1. The conditional use is permitted in the district where the property is located;
2. The application complies with all use-specific standards applicable to the use;
3. The application complies with all other applicable standards of this Code;
4. The proposed use and development will be consistent with the intent and purpose of the Future Land Use Map and
other elements of the Comprehensive Plan;
5. There is sufficient compatibility with the adjacent properties and the overall neighborhood. When considering aspects
unique to the proposed use as compared to other permitted uses within the same zone district, the reviewing body
should consider:
a. Whether the proposed development or use will be located, designed, constructed, and operated in such a
manner that it will be compatible with the immediate neighborhood and will not interfere with the orderly use,
development and improvement of surrounding property;
b. Whether the proposed use or development will have adverse effects on existing traffic conditions, parking, utility
and service facilities, and other factors affecting the public health, safety, and welfare.
c. Whether the impacts of the proposed use or development extend beyond that of development that would be
permitted by-right in the same zone district;
d. Whether any additional impacts that may be created as a result of the proposed use or development are
acceptable and not a detriment; and
e. Whether any additional impacts that may be created as a result of the proposed use or development have been
considered by the applicant and adequate steps have been taken to eliminate or mitigate these impacts.
Attachment 3
Page 3
6. Adequate conditions can be placed on the approval to eliminate or mitigate any adverse impacts of the proposed use
or development.
Davenport
The City engineer oversees and approvals placement and development of public and/or private utilities and a permit must be acquired.
The zoning code does not apply to land located within public rights-of-way or to public utilities (17.03.040). Public utilities include any
person, firm or corporation providing manufactured or natural gas, electricity, water, or cable television to the inhabitants of the City and
utilizing public right-of-way for their pipes, mains and conduits to distribute their product (13.32.010). However, the location is reviewed
during site plan review to ensure they are in appropriate easements.
In addition, the following utility structures are exempt from the zoning code and are permitted in any district: poles, wires, cables, conduits,
vaults, laterals, pipes, mains, hydrants, valves, and water supply wells. There are unique standards for wireless telecommunications,
amateur HAM radio towers, solar panels, or wind turbines, unless operated by a government agency.
For a private company to place private utilities within a public right of way, a franchise or permit from the City or Utilities Board must be
issued to be permitted. The areas where many utilities will be established are denoted on subdivision plats.
Applicable
Conditions:
All above ground facilities, whether placed within public right-of-way or private property within a utility easement shall
aesthetically match the surrounding area (12.20.100M). Equipment shall be concealed or housed within the smallest possible
cabinet or other appropriate enclosure. No external loose cables or wires shall be allowed. Owners of facilities shall maintain
such in good working order and condition.
The City engineer shall oversee the following administrative functions:
• No person shall occupy or use public right-of-way for the purpose of providing utility, communication, information or
data services to customers without first obtaining a franchise or permit from the City or the authorization from the
Iowa Utilities Board or other appropriate authority or as otherwise authorized by law.
• The City shall not grant, issue, or enter into any franchise or permit that grants or allows exclusive use or occupancy
of the right-of-way. Any person seeking a franchise or permit for use of City right-of-way shall make application for a
franchise or permit as provided in this chapter.
An application for a franchise or permit for occupancy or use of a right-of-way shall be filed with the City engineer on a form
developed and provided by the City engineer.
Date: April 20, 2022
To: Planning & Zoning Commission
From: Anne Russett, Senior Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0007) related to non-conforming drinking
establishments
Introduction & Background
In 2009, the City adopted Ordinance 09-4341 to create a 500-foot minimum separation distance
between drinking establishments. The goal was to mitigate negative externalities associated with
an over-concentration of these uses downtown, such as alcohol overconsumption, underage
drinking, nuisances, and crime. The City amended ordinance in 2013 to limit the separation
distance requirement to the University Impact Area and Riverfront Crossings District, due to
economic impacts and it being unlikely that a concentration of drinking establishments would
develop in other commercial areas in the City.
Existing drinking establishments that did not conform to these regulations were allowed to
continue, as long as the use did not change and their liquor license did not lapse, or was not
revoked or discontinued, for more than one year. Through attrition, this would reduce the density
of these uses downtown. As a legal nonconforming use, existing drinking establishments could
not expand or enlarge, except as specifically allowed by Code.
Expansion and enlargement is defined, in relevant part, as an increase in the volume of a building
or in the area of land or building occupied by a use. The definition has been amended from time
to time to address unanticipated situations and consequences. For example, for nonconforming
drinking establishments, neither sidewalk cafes nor any alteration or addition to a commercial
kitchen that does not result in an increase in the allowable occupancy load are considered an
enlargement/expansion of the use. Rooftop cafes are also an allowable expansion following
approval of a special exception by the Board of Adjustment.
In May 2021, the City Council amended the code further to allow the continuance of
nonconforming drinking establishments where economically viable business substitutes have not
been found for locally designated historic buildings. That amendment was advanced due to
economic concerns from the developers of the Tailwind project and allowed for ReUnion, a
brewpub and restaurant, to be built out and operate as a drinking establishment in 111 E. College,
the former Fieldhouse, a nonconforming drinking establishment that was vacant for several years,
and in 109 E. College, the former Givanni/El Patron space, previously considered an eating
establishment.
This proposed amendment is also the result of the Tailwinds’ project. The developers would like
to modify the structure at 111 E. College to connect ReUnion internally to a sales-oriented retail
use planned for the building to the east, 115 E. College Street, formerly occupied by Graze.
Without the proposed amendment this would be considered an expansion of a nonconforming
drinking establishment, and thus not allowed.
Proposed Amendments
The proposed amendments read as follows:
April 20, 2022
Page 2
Amend 14-9A-1 definition of “enlargement/expansion” to add the following:
A door connecting a drinking establishment to a sales-oriented retail use in accordance
with 14-4E-5G(5) shall not be considered an expansion of a drinking establishment.
Amend 14-4E-5G to add the following:
5. Nonconforming drinking establishments may connect to a sales-oriented retail use so
long as the following criteria are satisfied. At the sole discretion of the Chief of the Police,
repeated violations of Iowa code Chapter 123 or City Code Section 4-5-5 shall be grounds
for temporary or permanent closure of the door, thereby prohibiting access between the
two uses.
a. The door connecting the two uses shall meet the same fire-resistive rating as
the wall separating the two uses and be ADA-compliant;
b. A notice, in a form and location approved by the City, shall be posted at the door
informing patrons that open containers of alcohol are prohibited in the sales-oriented retail
use pursuant to Iowa City Code Section 4-5-5; and
c. The holder of a liquor control license or wine or beer permit must provide staff
of sufficient number and capability to monitor all patrons to prevent such violations.
Analysis
This amendment is narrowly tailored to allow the construction and use of a doorway between a
nonconforming drinking establishment and only a sales-oriented retail use. Examples of sales-
oriented retail uses include stores selling consumer, home, and business goods. It may also have
a cottage industry component, such as bakeries, confectioneries, upholsterers, artist/artisans'
studios. ReUnion anticipates selling ReUnion brewing related merchandise in the sales-oriented
retail space and have restrooms available for ReUnion guests.
Sales-oriented retail uses are not allowed to have a liquor license, wine or beer permit for on-
premises consumption. Such uses are eligible for an accessory alcohol sales certificate, however,
for the retail sale of alcohol for off-premises consumption. If such a certificate is issued, alcohol
sales must be less than 25% of gross yearly income.
The amendment gives the Police Chief authority to require the door be closed permanently if open
container violations occur. Staff recommends this provision be adopted to mitigate the opportunity
for the drinking establishment to slowly and/or permanently take over the retail space. The
provisions regarding the fire rating are meant to ensure that the buildings in which the two uses
are located can be sold, leased, occupied and used independently. No zoning or building code
requirements for one use will be allowed to be satisfied in the other use.
Next Steps
Pending recommendation from the Planning and Zoning Commission, the City Council will hold a
public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends approval.
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Date: April 20, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0004) related to code clean-up items
Introduction
The Iowa City Zoning Code (Title 14) and Subdivision Code (Title 15) are subject to alteration and
clarification as situations and circumstances change throughout the City. The proposed ordinance
(Attachment 1) addresses many issues that have come to light with various aspects of code
language and how the code is applied. This code clean-up amendment serves to align the code
with State law, to clarify language and expectations throughout the code, and to update standards.
Background
Staff maintains a list of amendments that need to be made to the Zoning and Subdivision Codes
based on discussions between City staff. The amendments proposed in this memo are mostly
minor and provide clarification to those who depend on this document to make and understand
important City-wide decisions. In cases where the proposed amendments are more substantive,
they are responding to changes in State law.
Proposed Amendments
The proposed code amendments and reasoning for each is detailed below.
1) Add Pedestrian Circulation Requirement for Redevelopment (14-2A-6 and 18-3-2F)
Summary of Change: The proposed amendment would add a provision regarding
pedestrian circulation to the single-family site development standards and the site plan
review design standards. This would allow the City to require the construction of sidewalks
in abutting public rights-of-way where it will improve connectivity in the sidewalk network.
Justification: Currently, infill and redevelopment projects are not always required to add
sidewalks where they do not already exist, except in certain situations such as through
Conditional Zoning Agreements. The proposed amendment allows the City to expand the
sidewalk network in such a way as to improve pedestrian connectivity. It is incorporated
into the single-family site development standards (Section 14-2A-6) to ensure it applies to
single-family and duplex properties and the site plan standards (Title 18) to ensure it
applies to multi-family and commercial properties. However, requiring a sidewalk in some
areas that were developed without a sidewalk network would not improve connectivity. In
those cases, the City could choose not to require the construction of sidewalks.
April 20, 2022
Page 2
2) Clarify Historic Preservation Exception Applicability (14-2A-7B, 14-2B-8A, and 14-
2C-11A)
Summary of Change: The code allows the Board of Adjustment to grant a special
exception to waive or modify dimensional or site development standards or approval
criteria in residential and commercial zones that would the prevent use or occupancy of a
property designated as an Iowa City landmark or registered in the National Register of
Historic Places. The proposed amendment would clarify that this includes properties
located in a Local Historic District.
Justification: Staff recommends the proposed amendment to clarify that properties in a
Historic District Overlay (OHD) zone will be regulated consistently with properties
individually zoned as Historic Landmarks for the purposes of qualifying for the flexibility
offered by this special exception.
3) Clarify Form-Based Code Design Review Only Applies in Riverfront Crossings (14-
3C-2A and 14-3C-3)
Summary of Change: The Design Review section that applies within Riverfront Crossings
currently uses the term “Form Based Code Districts”. The proposed amendment would
clarify that this provision is intended only for use within Riverfront Crossings zones.
Justification: Riverfront Crossings was the first use of form-based standards in Iowa City.
Due to the scale of buildings allowed in the district, design review was required for
construction or alteration of buildings. In October 2021, the City adopted additional form-
based standards for development in greenfield sites, starting with the South District. The
standards for these Form-Based Zones are administered through building permit and/or
site plan review, not design review. As such, staff recommends clarifying that design
review for form-based codes only applies to the Riverfront Crossings District.
4) Align Variance Approval Criteria with State Law (14-4B-2A)
Summary of Change: The code provides five approval criteria that must be met for the
Board of Adjustment to grant a variance, but these criteria do not align with the State law
that empowers Cities to grant variances. The proposed amendment revises the approval
criteria to align with the findings required by State Code and Iowa courts to grant a
variance.
Justification: The revised approval criteria in the proposed amendment will clarify for the
Board, staff, and applicants what criteria must be met for the City to grant a variance.
5) Clarify Utility-Scale Ground-Mounted Solar Energy Systems Buffer (14-4B-4D-18a)
Summary of Change: Utility-Scale Ground-Mounted Solar Energy Systems are allowed
provisionally or by special exception in a range of non-residential zones. One of the
approval criteria is that any utility-scale ground-mounted solar energy systems must be at
least 200 feet from any residential zone. The proposed amendment clarifies that the 200
feet is measured from the property line for the property zoned residential.
Justification: The proposed amendment adds clarity as to how to measure the 200-foot
buffer, which staff has questioned in the past.
April 20, 2022
Page 3
6) Clarify Standards for Bicycle Parking Spaces (14-5A-5K)
Summary of Change: The Zoning Code requires bicycle parking but has limited
information on the size and location of bicycle parking spaces. The proposed amendment
incorporates the following additional standards to ensure appropriate bicycle parking:
• 1.5-foot by 6-foot minimum parking space size requirement;
• A minimum access aisle width of 4 feet;
• Installation of bicycle parking racks at least 2 feet from any curb, pavement edge,
parking space, drive, walkway, or obstruction; and
• Specifying that bicycle parking facilities must be in a visible location.
Justification: It is currently challenging for staff to review site plans for bicycle parking,
especially in large multi-family buildings. The proposed amendment mirrors standards
from the “Essentials of Bike Parking” (2015) by the Association of Pedestrian and Bicycle
Professionals to establish standards for the size of bicyc le parking spaces and aisles, for
the distance of bicycle parking racks from obstructions, and for the need for visibility.
7) Remove Special Provisions for Privately-Owned Signs in Public Places (14-5B-10)
Summary of Change: Staff proposes deleting the two existing special provisions regarding
privately-owned signs in public places.
Justification: One special provision is redundant by cross-referencing the regulation of
signs associated with parades and other similar uses. The other gives the City Manager
authority to allow signs in public places, which may violate the State Code requirements
for conveying an interest in public property for private use.
8) Clarify Definition for Family (14-9A-1)
Summary of Change: Family is currently defined as one person or two or more persons
related by blood, marriage, adoption or placement by a governmental or social service
agency, occupying a dwelling unit as a single housekeeping organization. It also includes
up to two persons not related by blood, marriage or adoption or up 8 persons with verifiable
disabilities who are occupying a dwelling unit as a single housekeeping organization. The
proposed amendment would replace this definition with one or more persons that meet
the definition of household in the Zoning Code.
Justification: On January 1, 2018, a law limiting the ability of cities to set occupancy
restrictions for residential rental property based upon the existence of familial or non-
familial relationships between occupants went into effect (codified at Section 414.1(1)(b)
of the Iowa Code). Prior to that, the City limited occupancy through its definition of family.
Following the change in State law, the City has effectively utilized family and household
synonymously. This proposed change codifies the interpretation that has been utilized
since the State Code change and helps to further the City’s fair housing goals by
accounting for a wider variety of household arrangements.
9) Clarify Definition for Tree (14-9A-1)
Summary of Change: Small trees are defined as generally attaining a height at maturity of
up to 50 feet while large trees are defined as generally attaining a height at maturity greater
than 40 feet. The proposed amendment redefines small trees as having a height up to 30
feet and large trees as having a height over 30 feet.
April 20, 2022
Page 4
Justification: There are currently overlapping heights in the code’s definition for small and
large trees. The proposed amendment clarifies that a small tree be considered as having
a height up to 30 feet, as recommended by the City’s Parks and Forestry Division , with a
large tree being taller than that. This will have a small impact on the number of trees
required by the City’s landscaping standards where the standard varies by the size of tree.
10) Align Standards for Short-Term Rentals with State Law (14-4A, 14-4B-1A-13, 14-4C-
2D, 14-4C-2E, and 14-9A-1)
Summary of Change: The Zoning Code includes several definitions and requirements
relating to residential units being rented for periods of 30 days or less, which conflicts with
recent changes to State Code (codified at Section 414.1(1)(e)). The proposed amendment
would make the following changes to ensure the Zoning Code is aligned with State law:
Existing Code Proposed Change
Residential uses are described as typically
having tenancy on a yearly basis, but at
least on a month-to-month basis. Where
tenancy shorter than one month, it is
considered hospitality-oriented retail (if
commercial) or a community service –
shelter use (if of a public, nonprofit, or
charitable nature).
The amendment removes references to
length of tenancy for residential,
commercial, and institutional use
categories.
The code has two types of accessory uses
whereby guests may stay up to 14 days in
an owner-occupied, single-family dwelling:
bed and breakfast homestays and bed and
breakfast inns. They are differentiated by
the number of guests allowed.
The amendment combines these two
definitions into a single bed and breakfast
accessory use category and changes the
definition to allow any number of guests in
conjunction with any residential use for up
to 30 days.
The code includes the following criteria for
bed and breakfast homestays and inns,
some of which are no longer enforceable:
1. The principal use must be owner
occupied detached single-family.
2. Homestays may provide no more than 3
and inns may provide no more than 4
bedrooms to guests for up to 14 days.
3. Homestays must provide at least 2 and
inns must provide at least 3 off-street
parking spaces in addition to the parking
required for the dwelling.
4. Nonresident employees are prohibited,
except by minor modification.
5. The number of permitted bedrooms for a
bed and breakfast homestay or inn is
reduced by the number of rooming units
for any permanent roomers.
6. Fire protection equipment must be
installed/maintained according to the
adopted international residential code.
7. Identifying signage is limited to one
nonilluminated sign of 2 square feet.
The proposed amendment reduces the
specific approval criteria for bed and
breakfasts to only those criteria that are
allowed through State law:
1. The principal use can be provided in
conjunction with any residential use.
2. Guests may stay for up to 30
consecutive days.
3. Every 2 years, the operator must obtain
a housing inspection to protect public
health and safety related to fire and
building safety and sanitation.
April 20, 2022
Page 5
8. Every 2 years, the operator must obtain
a rental permit.
Bed and breakfast inns were also required
to receive a special exception.
Justification: In 2020, the State of Iowa adopted legislation to restrict the ability of cities to
regulate properties managed as short-term rentals, which basically includes any dwelling
that “is offered for a fee for thirty days or less.” As a result, the City can only regulate such
uses using a few exceptions included in State Code but must otherwise treat a short-term
rental similarly to any other residential use. Because of the broad language used in the
law, the City needs to change its current standards for bed and breakfast uses and
definitions that utilize length of occupancy as a method of determining use.
The proposed changes would generally allow existing bed and breakfast uses to continue
as an accessory use, though the number of standards that apply would be reduced. The
changes reflect how staff has been treating these uses since 2020. If there are other short-
term rentals that are not accessory to another use allowed in the zone, its classification
would depend on how the short-term rental was structured. For example, if a single-family
home is rented to a single housekeeping unit, it would be classified as a single-family use.
However, if the same unit has individual bedrooms being rented to individuals that will not
function as a single housekeeping unit, it would be considered an independent group living
use. As a result, the structure and operation of any given short-term rental unit will be
important in determining in which zones it would be allowed.
The proposed amendment is a “least change” approach. It does not create nonconforming
uses and ensures compliance with State Code by treating short-term rentals similarly to
other residential uses in Iowa City. However, it would make the creation of new bed and
breakfasts easier than in the past as requirements for additional parking, owner
occupancy, and restrictions on the number of guests no longer apply. Alternative
approaches could include making all bed and breakfasts uses non-conforming, which
would prevent the creation of new accessory short-term rentals.
11) Clarify Boundary Line Adjustment Standards (15-1-3 and 15-1-4)
Summary of Change: City Code defines a boundary line adjustment as a reconfiguration
of less than 1,000 square feet between abutting tracts, lots, or parcels. However, there is
no definition for a reconfiguration of 1,000 or more square feet. The proposed amendment
redefines the current boundary line adjustment process as “minor” and creates a new
definition for a major boundary line adjustment of 1,000 or more square feet. It also codifies
a new administrative review process for major boundary line adjustments that is consistent
with how such requests are handled today.
Justification: Currently, the Subdivision Code has a gap in how to process boundary line
adjustments that are 1,000 square feet or greater. Typically, the City requires an
application, which it does not for smaller conveyances, and reviews it to ensure Zoning
and Subdivision standards are met. The proposed amendment codifies this process by
differentiating between a minor and major boundary line adjustment and specifying what
is required as part of such a request. Because these standards are located in Title 15 Land
Subdivisions, the Planning and Zoning Commission does not actually need to make a
recommendation regarding this change. However, it is included for informational
purposes.
April 20, 2022
Page 6
Next Steps
Pending recommendation of approval from the Planning and Zoning Commission, the City Council
must hold a public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends that the Zoning Code be amended as illustrated in Attachment 1 to address
numerous code clean up items.
Attachments
1. Proposed Zoning Code Text Amendments
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike-through notation indicates language to be
deleted.
Amend 14-2A-6 as follows:
D. Pedestrian Circulation: Where no sidewalk exists, sidewalks shall be
constructed in the abutting public right-of-way according to the standards at 15-3-
3. The Director of Neighborhood and Development Services may exempt a property
from this requirement where a finding is made that such a sidewalk is unlikely to
connect to future pedestrian routes.
Amend 14-2A-7B as follows:
1. The Bboard of Aadjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this article or in chapter 5 of this title
or any approval criteria listed in chapter 4, article B of this title that would prevent use or
occupancy of a property located in a Historic District Overlay (OHD) designated as an
Iowa City landmark or registered on the national register of historic places. In addition to
the general special exception approval criteria set forth in chapter 4, article B of this title,
the following approval criteria must be met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) designated as an Iowa City landmark or
registered on the national register of historic places to be adapted and reused as a
community service use, specialized educational facility, or hospitality oriented retail use.
In addition to the general special exception approval criteria listed in chapter 4, article B
of this title, the applicant must also meet the following criteria in order for the Bboard to
grant this exception:
a. The exception is necessary to preserve the historic, aesthetic, or cultural
attributes of the property.
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-2B-8A as follows:
1. The Bboard of Aadjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this article or in chapter 5 of this title
or any approval criteria listed in chapter 4, article B of this title that would prevent use or
occupancy of a property located in a Historic District Overlay (OHD) designated as an
Iowa City landmark or registered on the national register of historic places. In addition to
the general special exception approval criteria set forth in chapter 4, article B of this title,
the following approval criteria must be met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) designated as an Iowa City landmark or
registered on the national register of historic places to be adapted and reused as a
Attachment 1
Page 2
community service use, specialized educational facility, or hospitality oriented retail use.
In addition to the general special exception approval criteria listed in chapter 4, article B
of this title, the applicant must also meet the following criteria in order for the Bboard to
grant this exception:
a. The exception will help preserve the historic, aesthetic, or cultural attributes of
the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-2C-11 as follows:
A. Historic Preservation Exception: The Bboard of Aadjustment may grant a special
exception to waive or modify any dimensional or site development standards listed in this
article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this
title that would prevent use or occupancy of a property located in a Historic District
Overlay (OHD) designated as an Iowa City landmark or registered on the National
Register of Historic Places. In addition to the general special exception approval criteria
set forth in chapter 4, article B of this title, the following approval criteria must be met:
1. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property.
2. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-3C-2A as follows:
7. Design Review For Riverfront Crossings Form Based Code Districts: Any
exterior alterations to, additions to, or new construction of buildings and structures, or
alterations or additions to site development, including, but not limited to, parking areas,
landscaping, screening, lighting, and access on property zoned to a the Riverfront
Crossings Form Based Code designation shall be subject to design review as specified
in subsection 14-2G-1D, "Design Review", of this title.
Amend 14-3C-3A-1a as follows:
(8) Design review for Riverfront Crossings Form Based Code Districts.
Amend 14-3C-3A-1b as follows:
b. Applications for level I review will be reviewed and approved, modified, or
disapproved by the staff Design Review Committee or, in the case of Riverfront
Crossings Form Based Code Districts, by the Form Based Code Committee, in
accordance with chapter 8, article B, "Administrative Approval Procedures", of this title.
Amend 14-3C-3B as follows:
8. Riverfront Crossings Form Based Code District Design Review: Riverfront
Crossings Form Based Code District design review according to subsection 14-2G-1D
of this title.
Amend 14-4A-3 as follows:
A. Household Living Uses:
1. Characteristics: The residential occupancy of a dwelling unit by a single household
or group household, who are living together as a single housekeeping unit. Th e principal
Attachment 1
Page 3
use of the property is for long term residential living, with each dwelling unit containing its
own facilities for living, sleeping, cooking and eating meals, and with all spaces within the
unit open to the entire household. The dwelling or dwelling units are designed for
residential living and any accessory use shall be secondary to the use of the property as
a residence. Tenancy is typically arranged on a yearly basis, but at least on a month-
to-month basis.
…
3. Accessory Uses: Private recreational uses; storage buildings; parking for residents'
vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and
breakfast facilities are accessory uses that are subject to additional regulations outlined
in article C, "Accessory Uses And Buildings", of this chapter. Any accessory use of the
property shall remain secondary to the principal use of the property for residential living.
4. Exceptions:
…
e. Uses such as hotels, motels, and guest houses, which by definition may
arrange tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as hospitality-oriented
retail.
f. Transient housing, which by definition arranges tenancy for periods shorter
than one month, is not considered residential. It is considered a form of temporary lodging
or shelter and is classified as community service - shelter.
…
B. Group Living Uses:
1. Characteristics: Group living uses are characterized by the residential occupancy
of a dwelling by a group of people (roomers) who do not meet the definition of a
"household" or "group household". Tenancy is arranged on a month-to-month basis,
or for a longer period. Group living structures contain individual, private rooming units
that are not open to all the residents of the dwelling. Rooming units contain private space
for living and sleeping, but not for cooking. Bathroom facilities may be private or shared.
There may also be shared kitchen and dining facilities and shared common rooms and
amenities for all residents. The rooming units are furnished with locks through which one
member of the group may prevent other members of the group from entering his/her
private rooming unit. The residents may or may not receive any combination of care,
training, or treatment, but those receiving such services must reside at the site.
…
4. Exceptions:
a. Uses such as hotels, motels, and guest houses, which by definition may
arrange tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as hospitality-oriented
retail.
…
c. Transient housing, which by definition arranges tenancy for periods shorter
than one month, is not considered residential. It is considered a form of temporary lodging
or shelter and is classified as community service - shelter.
Amend 14-4A-4I as follows:
h. Bed aAnd breakfast inns and bed and breakfast homestays are considered
accessory uses to any residential use owner occupied, detached single- family
dwellings and are regulated according to the provisions specified for such uses in article
C, "Accessory Uses And Buildings", of this chapter.
Attachment 1
Page 4
Amend 14-4A-6C as follows:
1. Characteristics: Uses of a public, nonprofit, or charitable nature providing a local
service to people of the community. Generally, they provide the service on the site or have
employees at the site on a regular basis. The service is ongoing, not just for special events.
Included are community centers or facilities that have membership provisions that are
open to the general public to join at any time, e.g., a senior center that allows any senior
to join. The use may provide shelter or short-term housing where tenancy may be
arranged for periods of less than one month when operated by a public or nonprofit
agency. The use may provide tenancy for long term housing for persons with disabilities
when operated by a public or nonprofit agency. The use may also provide special
counseling, education, or training of a public, nonprofit or charitable nature.
…
4. Exceptions:
…
g. Uses where tenancy is arranged on a non-transient basis month to month or
longer period are residential and are classified as household living or group living.
Amend 14-4B-1A as follows and renumber other items in the list accordingly:
13. One nonresident employee may be approved for a bed and breakfast
homestay or bed and breakfast inn.
Amend 14-4B-2A as follows and renumber other items in the list accordingly:
A. Approval Criteria:
1. The proposed variance will not be contrary to the public interest; and
2. Where owing to special conditions, a literal enforcement of the provisions of
the zoning code provision will result in unnecessary hardship; and
3. The spirit of the zoning code provision shall be observed, and substantial
justice done.
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse effect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and
intent of this title and will not contravene the objectives of the Comprehensive Plan,
as amended; and
3. The property in question cannot yield a reasonable return if required to
comply with the requirements and standards specified in this title; and
4. The owner's situation is unique or peculiar to the property in question, and
the situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood, except when a variance from a floodplain
management standard is requested per section 14-5J-9 of this title; and
5. The hardship is not of the landowner's or applicant's own making or that of
a predecessor in title.
B. Definitions:
1. Unnecessary Hardship. The applicant establishes an unnecessary hardship
by demonstrating all of the following elements are met:
a. The land in question cannot yield a reasonable return if used only as
allowed in that zone.
b. The plight of the owner is due to unique circumstances and not to the
general conditions in the neighborhood.
c. The proposed variance will not alter the essential character of the locality.
Attachment 1
Page 5
2. Reasonable Return. Lack of a reasonable return may be shown by proof that
the owner has been deprived of all beneficial use of the land. All beneficial use is
said to have been lost where the land is not suitable for anything permitted by the
zoning code. A zoning code provision deprives an owner of a reasonable return if
all productive use of the land is denied. Such deprivation is shown where the land
in issue has so changed that the purpose for which it was originally zoned are no
longer feasible. It is not sufficient to show that the value of the land has been
depreciated by the zoning code provision, or that a variance would permit the owner
to maintain a more profitable use.
C. Use Variance Prohibited: Under no circumstance may the Board grant a variance
that would allow a land use, other than those specifically allowed in the zoning district in
which the subject property is located.
Amend 14-4B-4D-18 as follows:
a. Any utility-scale ground-mounted solar energy systems may not be located closer
than two hundred feet (200') from any residential zone, as measured from the property
line of the residential zone.
Amend 14-4C-2 as follows and renumber other items in the list accordingly:
D. Bed and Breakfast Homestays: Bed and breakfast homestays are allowed in
conjunction with any residential use owner occupied detached single-family
dwellings, provided the following conditions are met:
1. The principal use of the property must be an owner occupied detached
single-family dwelling.
2. No more than three (3) bedrooms are provided to guests who stay for periods
not to exceed fourteen (14) thirty (30) consecutive days.
3. A minimum of two (2) off street parking spaces must be provided in addition
to the parking spaces required for the dwelling. Parking spaces may be located one
behind the other.
4. Nonresident employees are prohibited, except as approved by the building
official as a minor modification, according to the procedures and approval criteria
for minor modifications as set forth in chapter 4, article B of this title.
5. If a dwelling contains rooming units for permanent roomers, the number of
permitted bedrooms for a bed and breakfast homestay is reduced by the number of
rooming units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted international residential code.
7. Signage identifying the bed and breakfast homestay is limited to one
nonilluminated sign not exceeding two (2) square feet in area.
28. Every two (2) years, Tthe operator must provide the City an emergency
contact and obtain a housing inspection every two (2) years to protect public health
and safety related to fire and building safety and sanitation. rental permit
authorizing this use from the city after establishing compliance with city
ordinances.
E. Bed And Breakfast Inns: Bed and breakfast inns are allowed in owner occupied
detached single-family dwellings, subject to approval of a special exception by the
board of adjustment, and provided the following conditions are met:
1. The principal use of the property must be an owner occupied detached
single-family dwelling.
2. No more than five (5) bedrooms are provided to guests who stay for periods
not to exceed fourteen (14) consecutive days.
Attachment 1
Page 6
3. A minimum of three (3) off street parking spaces must be provided in addition
to the parking spaces required for the dwelling. Parking spaces may be located one
behind the other.
4. Nonresident employees are prohibited, except as approved by the building
official as a minor modification, according to the procedures and approval criteria
for minor modifications as set forth in chapter 4, article B of this chapter.
5. If dwellings contain rooming units for permanent roomers, the number of
permitted bedrooms for a bed and breakfast inn is reduced by the number of
rooming units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted international residential code.
7. Signage identifying the bed and breakfast inn is limited to one nonilluminated
sign not exceeding two (2) square feet in area.
8. Every two (2) years, the operator must obtain a rental permit authorizing this
use from the city after establishing compliance with city ordinances.
Amend 14-5A-5K as follows:
1. The minimum size for a bicycle parking space is one-and-one-half feet by
six feet (1.5' x 6'). Where required for access, a minimum aisle width of four feet (4’)
shall be provided.
21. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland
cement concrete or manufactured paving materials, such as brick. However, the city
building official may permit the use of rock or gravel areas for bicycle parking, provided
edging materials are used so that the bicycle parking area is clearly demarcated and the
rock material is contained.
32. Required bicycle parking racks must be designed to support the bicycle by its
frame and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks
shall be installed a minimum of two feet (2’) from any curb, pavement edge, parking
space, drive, walkway, or obstruction such as a well wall, fence, doorway, or
landscaping. Bicycle lockers and secure indoor storage facilities are also allowed.
43. Bicycle parking facilities shall be located in a clearly designated, safe, visible,
and convenient location and shall be located so as not to impede pedestrian or vehicular
traffic. Bicycle parking is allowed in front and side building setbacks in all zones; provided,
that such a parking area results in no more than twenty five percent (25%) of the required
setback area being paved.
Amend 14-5B-10 as follows:
A. Purpose: In order to promote the health, safety and general welfare of the population,
no privately owned signs shall be placed on or over a "public place", as defined in chapter
9, article C of this title, except as permitted by the City this Code.
B. Removal: Existing privately owned signs currently located on or over a public place
that are not in compliance with this Code shall be eliminated and removed. If the sign
owner fails to remove the sign after so ordered by the City, the City may remove the sign
and assess the costs against the sign owner.
C. Special Provisions:
1. Signs associated with parades, marches, public entertainment, public
demonstrations, or the commercial use of sidewalks that are located on or over a
public place are subject to the provisions of title 10, chapters 1, 2, and 3 of this
Code. Any signs located on or over the City Plaza are subject to the provisions of
title 10, chapter 5 of this Code.
Attachment 1
Page 7
2. The City Manager or designee may approve and execute applications on the
City's behalf for the placement of privately owned signs on or over a public place
upon finding that the signs:
a. Provide information and guidance to locations of general public interest;
and
b. Will not create a hazard to movement along or within a public place, restrict
access to a public place, or interfere with the convenience and tranquility of the
area adjacent to a public place.
Amend 14-9A-1 as follows:
BED AND BREAKFAST HOMESTAY: An accessory use in conjunction within any
residential use an owner occupied, single-family dwelling unit, in which no more
than three (3) bedrooms are provided to guests who stay for periods not to exceed
fourteen (14) thirty (30) consecutive days.
BED AND BREAKFAST INN: An accessory use within an owner occupied, single-
family dwelling unit with a maximum of five (5) bedrooms provided to guests who
stay for periods not to exceed fourteen (14) consecutive days.
FAMILY: One person or a group of persons that meet the definition of “household”.
two (2) or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency, occupying a dwelling unit as a single
housekeeping organization. A "family" may also include the following:
A. Two (2), but not more than two (2), persons not related by blood, marriage or
adoption; or
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair
housing amendments act of 1988, who are occupying a dwelling unit as a single
housekeeping organization.
TREE: Perennial woody plant with a single main stem (the trunk or bole) from which
branches and twigs extend to form a characteristic crown of foliage. "Trees" are important
features in permanent landscape planting, being used to define street edges, to lessen
heat island effects through shading, and by contributing pattern, color and utility. Small
trees generally attain a height at maturity of up to thirty fifty feet (530'). Large trees
generally attain a height at maturity greater than thirty forty feet (430'). See the list of
recommended "trees" for Iowa City, available through the city forester's office.
Amend 15-1-3 as follows:
BOUNDARY LINE ADJUSTMENT, MINOR: 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 and are not subject to the Establishment of
Control guidelines in 15-1-4D.
BOUNDARY LINE ADJUSTMENT, MAJOR: The reconfiguration of the boundary line
between abutting tracts, lots or parcels that results in the conveyance of one
thousand (1,000) square feet of land or greater. Major boundary line adjustments
shall be subject to the Establishment of Control guidelines in 15-1-4D.
DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for
tax purposes. A minor boundary line adjustment, major 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.
Attachment 1
Page 8
Amend 15-1-4 as follows:
D. Any major boundary line adjustment 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.
Amend 18-3-2F as follows:
F. Vehicle And Pedestrian Circulation: The design of vehicle and pedestrian circulation
shall be provided for safe and convenient flow of vehicles and movement of pedestrians
and shall, to the greatest extent reasonably possible, prevent hazards to adjacent streets
or property. The city may limit entrances and exits upon adjacent streets in order to prevent
congestion on adjacent or surrounding streets and in order to provide for safe and orderly
vehicle movement. The city may limit street access according to the provisions of title 14,
chapter 5, article C, "Access Management Standards", of this code. The City may require
construction of sidewalks in the abutting public right of way where not present,
according to the standards at 15-3-3.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MARCH 2, 2022 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig (via phone), Mike Hensch, Phoebe Martin, Maria
Padron, Billie Townsend
MEMBERS ABSENT: Mark Nolte, Mark Signs
STAFF PRESENT: Sara Hektoen, Anne Russett
OTHERS PRESENT: Brad Paulson
RECOMMENDATIONS TO COUNCIL:
By a vote of 4-0 (Martin recused herself) the Commission recommends approval of VAC21-0001,
a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of
any necessary utility easements.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. VAC21-0001:
Location: 829 Kirkwood Avenue
An application for a vacation of public right-of-way.
Martin recused herself from the discussion and vote.
Russett began the staff report with an aerial map of the property showing where the proposed
vacation is. She also showed the zoning map noting this property is zoned RS-5 and she noted
the property is actually a local historic landmark as well. Russett pointed out the property is split
by the right-of-way that exists adjacent to the property and added it is actually a public right of-
way as the alley was platted in the Lucas Addition in 1857 but the alley was never improved.
Back in 2008, the City received an application for a vacation, and the Planning and Zoning
Commission recommended approval of that vacation. However, it was deferred indefinitely when
it went to Council, and so that approval was never granted. The City received a new application
requesting the vacation of this public right of-way last year because the property owner is
interested in building a garage behind their home.
In terms of reviewing vacations, there are six criteria that staff look at and Russett reviewed each
one of those individually. The first is the impact on pedestrian and vehicular access and
Planning and Zoning Commission
March 2, 2022
Page 2 of 7
circulation. Russett noted the right of-way is not currently used for vehicular or pedestrian
circulation or access to any property. Additionally, the vacation of the right-of-way will not affect
vehicular or pedestrian circulation in any way. The next criteria is impact on emergency and
utility vehicle access and circulation. Again, the right of-way is not accessed by emergency or
utility vehicles either. The third criteria is related to the impact on access of adjacent private
properties. As previously mentioned, the alley is not improved and therefore the vacation will not
impact access of adjacent private properties. Russett pointed out a north/south alley between
Kirkwood Avenue and Florence Street which provides access to all the adjacent private
properties. That existing north/south alley will be maintained. The next criteria is the desirability
of the right of-way for access or circulation needs. Staff determined that there is no need to
maintain the right-of-way for access or circulation. Next is the location of utilities and other
easements or restrictions on the property. The right-of-way does not contain any City utilities and
private utilities have been contacted and asked to identify any utilities that are currently on site. If
the right-of-way is vacated easements will need to be granted for any utilities that may exist or
those utilities would need to be vacated or relocated. Lastly, if there's any other relevant factors
pertaining to this specific request, and there are none that staff has identified.
Staff recommends the vacation of this alley contingent upon the retention of any necessary utility
easements. The right-of-way was never built and therefore the vacation will not affect traffic,
emergency or utility service access or adjacent private properties.
Next steps, upon the Planning and Zoning Commission's recommendation, the proposed
vacation will be reviewed by City Council and City Council will also discuss the conveyance of
the land to the applicant.
Staff recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829
Kirkwood Avenue subject to the retention of any necessary utility easements.
Townsend is curious why City Council didn't approve it last time. Russett replied because the
applicant actually requested that it be deferred indefinitely, and they never brought it back.
Craig asked if there is payment from the applicant to the City for the vacation. Russett confirmed
that is correct.
Hensch asked where the north/south alley is so Russett showed on the map where the alley is.
Craig asked if there are any utilities that have to be moved will the City have to pay for that.
Russett replied that is the property owner’s responsibility.
Hensch opened the public hearing.
Brad Paulson (829 Kirkwood Avenue) is the applicant but wanted to clarify that he and his wife
are not the original applicants for the vacation.
Hensch closed the public hearing.
Planning and Zoning Commission
March 2, 2022
Page 3 of 7
Townsend moved to recommend approval of VAC21-0001, a vacation of the public right-
of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility
easements.
Padron seconded the motion.
Hensch noted he can't see a single reason not to approve this as it has never been used as an
alley.
A vote was taken and the motion passed 4-0 (Martin recused).
Martin rejoined the meeting.
CONSIDERATION OF A MEMO TO THE CITY MANAGER REGARDING STATE
LEGISLATION:
Russett noted based on the discussion that occurred at the last meeting, there was interest from
the Commission in writing a letter stating concerns regarding the Governor's Workforce Housing
Bills, specifically Division One of that bill, so she prepared a draft memo for the Commission to
review.
Hekteon noted if seems that this legislation might be amended or removed so things appear to
be moving in the positive direction, but the lobbyists are still advocating for that.
Hensch feels it's important that this letter be drafted and submitted to City Council or the City
Manager because a lot of really bad legislation can go through if people don't speak up.
Padron likes the letter but noted they're not asking the Council to send a letter or not asking for
any action of them. Hensch stated his understanding is that this was to be used for the City
Manager to advocate to the lobbyists that the City retains to defeat the legislation from advancing
in the legislature.
Craig asked about the language of “if four fifths of the lots and land as covered by the ordinance
do not conform with the ordinance” and what does that mean. Hensch noted the LSA
(Legislative Services Agency) drafts these on a request from an individual legislator or
committee, or subcommittee chair, and a lot of times the drafting is not very good and the
language needs to be clarified.
Russett noted staff heard today that there's been a lot of talk at the Capital about removing the
language entirely. That hasn't happened yet, but it sounds like the conversations are going in a
good direction.
The Commission all agreed with the letter and asked that it be submitted to the City Manager.
Planning and Zoning Commission
March 2, 2022
Page 4 of 7
PRESENTATION ON APPROVED REZONING AND SUBDIVISION APPLICATIONS:
Russett noted there was a request from Commissioner Townsend about getting a status update
on where some of the approved rezoning and subdivision applications now stand, specifically on
the projects that are not moving forward. Some of the projects have moved forward partially.
First, back in 2017 there was a rezoning of The Grove along Camp Cardinal Boulevard and Deer
Creek Road. This was a planned development overlay rezoning and rezoned to OPD/RM-12. It
was a proposal for three multifamily buildings around 112 dwelling units. There was also a
conditional zoning agreement with this. Current status is staff has not received a site plan
application and the OPD plan has expired as OPD plans expire after 24 months if they are not
moved forward.
Martin asked when the OPD plan expires does it cost money for an applicant to make those OPD
plans and would someone have to pay again if they wanted to reopen this and how does that
process work. Russett stated the applicant would need to submit a new rezoning application, of
which there is a fee, and they would need to prepare all the materials for a rezoning application.
They could theoretically reapply for what was already approved, so it might not cost a lot of
money, but there would be some expenses involved.
The next is a rezoning on Prairie Du Chien Road, just south of I-80. This was a rezoning to RM-
12, and they proposed a 24-unit complex. The area was a former manufactured housing park,
but since that rezoning went through the City has not yet received any applications for a site
plan.
The next rezoning was Forest View, which is near the intersection of I-80 and North Dubuque
Street. This included a Comprehensive Plan Amendment, a rezoning to an OPD/RS-12 and
OPD/CH-1. There was also a preliminary plat application that was submitted as well. The
Comprehensive Plan Amendment and the rezoning were approved, the subdivision did not move
forward so that was never approved and that OPD plan has expired as well.
Next is 12 East Court Street which was a rezoning of around three and a half acres. This is
where the Pentacrest Garden Apartments are located and it was rezoned to Riverfront Crossing
South Downtown. They went through the rezoning process and then the applicant submitted an
application for design review and a bonus height request. Both of those were approved for two-
15 story buildings with ground floor commercial and around 918 dwelling units. Since City
Council approved that bonus height staff has not received any applications for a site plan.
Martin asked if this the one with the artwork. Russett acknowledged they did incorporate some
kind of light displays and artwork along the first-floor commercial facades.
Orchard Court was another Riverfront Crossings rezoning in 2018 and it was a rezoning to
Riverfront Crossings Orchard District and the intended development was two multifamily
buildings, three stories each and around 125 units. There was also a vacation of public right-of-
Planning and Zoning Commission
March 2, 2022
Page 5 of 7
way that was part of that project. Since that rezoning has gone through, staff has not received
any design review or site plan applications.
Next was 4643 Herbert Hoover Highway SE. Russett stated this was a rezoning in 2018
followed by a preliminary and final plat, all of which were approved. The applicant is an
affordable housing developer and they had planned on developing two affordable housing
projects. Currently, they have one of those built, it's a 36-unit affordable family development, and
they are working to secure funding for a 52-unit senior housing project. Russett showed a couple
pictures of the affordable family housing project that's been built.
Rollins Pass was a preliminary plat which was approved however preliminary plats expire after
24 months but since the builder was not ready to move forward, they requested a 24-month
extension of that preliminary plat which was approved by Council and that extension expires next
year.
The rezoning on East Prentiss Street in Riverfront Crossings was approved in 2019. There was
also a text amendment that was approved as part of that and the rezonings were approved. The
applicant also submitted an application for Riverfront Crossings design review, those plans were
approved, and City Council approved the request for a bonus height up to an eight-story building.
After the design review was approved and the bonus height was approved, that particular
developer decided not to move forward with the project. Staff has since received interest from
another developer who has submitted design review applications for this site, and it is for a
seven-story building instead of eight stories and around 192 units.
The Harding Event Center was a Comprehensive Plan Amendment and rezoning that was
approved in 2020 and since that was approved, staff has not received any site plan applications.
The plan for that property was to do events center on Camp Cardinal Road. Hekteon added
there was a vacation and conveyance associated with that application, but the applicant has not
paid the compensation due to close on the purchase of that right-of-way, so the vacation has
been completed but the conveyance has not been completed.
The rezoning at Riverside and Myrtle also was done in 2020 and 2021, along with a
Comprehensive Plan Amendment and a text amendment. All of those were approved by City
Council and to date staff has not received any design review plans or site plans for the property.
At 400 North Clinton Street and 112 East Davenport Street there was a rezoning to the PRM
zone, from RM-44 to PRM, there was also a text amendment associated with this to allow some
more zoning flexibility in the PRM zone related to preservation of historic resources. The
intended development is around 32 units and five stories.
Coinciding with those applications was a rezoning of 410-412 North Clinton Street just to the
north, and that rezoning was to make that property a local historic landmark to protect that
building in perpetuity. Staff has not received any applications for design review for this site yet.
Planning and Zoning Commission
March 2, 2022
Page 6 of 7
A more recent rezoning was the block of 700 South Dubuque Street. The rezoning was to
Riverfront Crossing Central Crossings. This will be a six-story residential apartment building with
a vacation of public right-of-way. Staff has reviewed the design review plans and a height bonus
was approved for 250 units and six stories.
Hensch appreciates staff putting that presentation together, it was very helpful but there seems
to be a common theme that we don't know the reasons why people aren’t moving forward. He
wonders if this is a large number of projects not moving forward or is this normal. Russett replied
she doesn’t know for sure, but her sense is that some of it has to do with the pandemic as
construction costs have gone up a lot so maybe that's one of the reasons they're not seeing as
much development.
Townsend noted she is always concerned about the affordable housing piece and that Forest
View project not moving forward is disappointing, her heart goes out to those people that live
there, those units are just horrible.
CONSIDERATION OF MEETING MINUTES: FEBRUARY 16, 2022:
Townsend moved to approve the meeting minutes of February 16, 2022, with minor edits.
Martin seconded the motion.
A vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Russett has one update, City Council approved the Hickory Trail Estates preliminary plat at their
meeting on Tuesday.
ADJOURNMENT:
Martin moved to adjourn.
Craig seconded.
A vote was taken and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2021-2022
7/1 7/15 8/5 8/19 9/2 9/16 10/7 10/21 11/4 1/5 2/2 2/16 3/2
CRAIG, SUSAN X X O/E X X X X X X X X X X
HENSCH, MIKE X X O/E X X X X X X X X X X
MARTIN, PHOEBE X O/E O/E O/E X O/E X O/E X X O/E X X
NOLTE, MARK X X X O/E X O/E O/E X X O O X O/E
PADRON, MARIA X X X X X X X O/E X O/E X X X
SIGNS, MARK X X X X X X X X X X X X O/E
TOWNSEND, BILLIE X X X X X X X X X X X X X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member