HomeMy WebLinkAbout2022-05-17 OrdinanceItem Number: 9.a.
May 17, 2022
O rd inan ce amen d ing Titl e 14, Z onin g Cod e to al l ow private basic u til ity uses
in P-1 zon es, to stan d ardize the public zon e section , and to amend b asic
u til ity ap p roval criteria. (R E Z 22-0002)
AT TAC HM E NT S :
Description
Memo to P&Z, A pril 20, 2022
Correspondence - MidA merican
P&Z minutes, April 20, 2022
Ordinance
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.
From:Chris Pose
To:Anne Russett
Cc:Kirk Lehmann; Austin, Jon (MidAmerican); Carlson, Dawn (MidAmerican); Martin Dostalik
Subject:Re: Private Utilities in P1 Zone Draft Code
Date:Tuesday, April 19, 2022 11:09:37 AM
Attachments:We sent you safe versions of your files.msg
Amend 14-2F-1 (MEC Suggestions).docx
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Anne,
Please see attached ordinance amendment language I have prepared.
I respect and understand that city staff has already discussed and declined to make an
ordinance language change regarding private ownership.
I would still like to present the attached to the P&Z and I would appreciate it if you would
provide this to them.
Thank you.
Christopher R. Pose
LILLIS O’MALLEY OLSON MANNING POSE TEMPLEMAN LLP
317 Sixth Avenue, Suite 300
Des Moines, IA 50309-4127
Phone: 515-243-8157
Cell: 515-371-5726
Fax: 515-243-3919
Email: cpose@lolaw.com
Firm Website: www.lillisomalley.com
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Mid American Energy Company suggested additions shown underlined and deletions by
strikethrough as shown below.
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 or to private ownership and use of the land for Basic Utility or
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 or privately owned for Basic Utility
services, and necessary infrastructure, for such uses may 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.
City Proposed Amendments if Adopted as Presented
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.
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 County, the City, or
the Iowa City Community School District, and necessary infrastructure, will be designated
as P-1, neighborhood public zone. These uses are subject to certain development
standards 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
The 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.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 20, 2022 – 6:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Mark Nolte, Maria
Padron, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sarah Hektoen, Kirk Lehmann, Anne Russettbed
OTHERS PRESENT: Chris Pose
RECOMMENDATIONS TO COUNCIL:
By a vote of 7-0 the Commission recommends that the zoning code be amended to allow basic
utility uses in Neighborhood Public (P-1) zones provisionally or by special exception, as
illustrated in attachment one of the staff report.
By a vote of 6-0 (Nolte absent) the Commission recommends approval 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.
By a vote of 6-0 (Nolte absent) the Commission recommends that the Zoning Code be amended
as illustrated in Attachment 1 to address numerous code clean up items with the exception to
strike the provisions relating to this Historic Preservation exception at 14-2A-7B, 14-2B-8A and
14-2C-11A with the intent to address that in a later code cleanup.
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. REZ22-0002:
Consideration of an amendment to Title 14, Zoning to allow basic utility uses in the Neighborhood
Public (P-1) zone.
Lehmann began the staff report noting this amendment is to allow private basic utility uses in the
P-1 zone but there are some other changes that are part of this amendment as well, such as
some changes to the way the public zone section is set up. Currently, it's a little different than
other zone sections and staff wants to try and make it as similar as the others to make it easier
for legibility for the public and staff and it also includes some modified criteria for basic utility
uses. Beginning with background, Lehmann stated the public zones historically have been used
to denote public ownership of land such as the County, the School District, or the City, any of
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April 20, 2022
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those would be zoned P-1. Lehmann noted there are some private uses already allowed either
provisionally or by special exception in public zones but historically it has been used to denote
ownership and staff is trying to move away from that a little bit with this amendment since there
are some private uses already allowed. Staff looked at private basic utility uses such as public or
private infrastructure services, and noted they have to be near the area where the service is
being provided. Some examples are electric substations, communication hubs, switching and
relay facilities, water and sewer lift stations, water towers, reservoirs, etc. and those could be
public or privately owned. Currently they are only allowed in public zones if they are publicly
owned. They are also allowed in most commercial zones, not a mixed-use zone, in industrial,
research, Riverfront Crossings zones, and the T4 form-based zones, in addition to some
nonresidential interim development zones. Staff is hoping to expand that and has discussed this
for the past several years when a situation arises. Most recently it’s been because of
discussions with MidAmerican Energy as they're looking for substations in growing areas, and
ImOn as they're also looking to expand services within their territory in existing neighborhoods.
Iowa City is growing, and it needs these services. Services are changing over time, and it can
be challenging to place these services in areas for necessary infrastructure.
Lehmann explained in terms of the approval criteria that apply to basic utility uses, in some
cases it's provisionally allowed in Commercial Interim Development zones, Commercial
Research Development zones, Riverfront Crossings zones, and the T4 form-based zones. It's
allowed provisionally if it's enclosed within a use and has to contain another use that is allowed
in the zone. Another use that is allowed provisionally are water and sanitary sewer pump stations
that are approved as part of site plan or as subdivision review. Lehmann stated there are some
odd caveats with that such as if it's a standalone utility use enclosed within a building, it triggers
the special exception because it doesn't have another use allowed in the zone and in T4 zones
that does have to be enclosed, there's no special exception option. Within those zones, if it does
doesn't meet those provisional criteria, then it has to go through a special exception, which was
reviewed by the Board of Adjustment. Some of the approval criteria are that it has to be screened
from public view or view of adjacent residential zones to the S3 standard, it has to be compatible
with surrounding structures and uses based on safety, size, height, scale, location and design,
and then there's also general approval criteria that apply to any special exception. The general
criteria are things such as it won't hurt neighboring properties, won’t impact property values, has
adequate utilities, consistent with the Comprehensive Plan, etc. Lehmann noted all those
general criteria that apply to special exceptions apply here, but there's also some ability for the
Board of Adjustment to modify some standards but doesn't really apply to the subject today.
Private utilities are also allowed in industrial zones and interim industrial zones provisionally if
200 feet from any residential zone and screened from view of public right-of-way to the S3
standard. Lehmann stated that is a lesser standard than what is seen in the other zones.
Lehmann explained what the proposed amendment looks to do is to treat private basic utility
uses in public zones as if it was in a commercial zone. All the criteria that was just mentioned
would apply, if it's enclosed, then it would be allowed provisionally, if it's not enclosed, then it
would be subject to a special exception. One of the other changes staff is recommending with
this is to strike the standard that enclosed utilities require another allowed use within the building
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April 20, 2022
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and allow an administrative review of standalone enclosed utilities. He noted staff has a lot of
requests for enclosed utilities such as ImOn communications hubs in the last five years. He
showed an image of what an ImOn utility communications hub looks like and noted it is
something that doesn't have another use in it and applying that special exception criteria to an
enclosed building is a little strange. Staff feels they can rely instead on existing site development
standards to prevent that additional Board of Adjustment review and just do an administrative
review.
Finally, staff is also proposing some changes to the public zones section generally, such as
adding any use table, and then modifying language regarding the purpose and regarding public
ownership with the goal of trying to make it more similar to other zones where it’s based on the
use and not based on ownership.
In terms of analysis for this proposed amendment, currently areas that allow basic utility uses
generally are located in commercial and industrial areas, near downtown, along major corridors,
like the highways and interstate, or near railroads. Those defined commercial nodes are like
Towncrest, Old Town Village, and Walden Square so they do exist in quite a few areas in the
City. However, there are some notable gaps, especially in developing areas to the south, the
southwest and to the east and that can become an issue when trying to locate utilities for those
growing areas. Some residential areas are far from those neighborhood commercial nodes or far
from those commercial areas and can make it hard for the expansion of ImOn, for example, or
any future network provider that wants to come into the community. However, public zones are
better dispersed throughout the community such as fire stations, schools, parks, etc. Lehmann
showed a map indicating the relatively concentrated areas where the basic utility use areas are
currently allowed and again pointed to the gaps in growing areas. He next showed the P-1 areas
and noted they're better dispersed throughout the City and would allow the utilities to meet some
of these areas where there might be gaps.
Lehmann noted staff looked at some other comparable large communities in Iowa (Des Moines,
Cedar Rapids and Davenport) and they do allow private basic utility uses in a wider variety of
zones. They often allow it in residential zones and differentiate between major and minor utilities,
similar to how Iowa City looks at enclosed versus not enclosed. Staff shared a summary of those
comparisons in the agenda packet noting generally in Des Moines, substations are considered
major that do require a board of adjustment approval, but in Cedar Rapids, they're considered
minor, so it's provisional approval. Generally, they're allowed in pretty much all zones, either as a
permitted use or as a conditional approval, however in some cases, such as Davenport, they're
pretty much allowed if they're in an easement or within the right-of-way, so all private utilities are
also considered public utilities. Lehmann explained with the proposed amendment, Iowa City can
address some of these gaps and hopefully have less substantive changes that might be required
to be more like comparable communities. In general, this amendment allows a broader area
where these utilities can be placed which includes around public uses that might be suitable such
as lift stations or other City or County owned properties because they're treated similarly to other
basic utility uses in commercial zones. Staff does not anticipate any substantial issues with the
proposed changes and also believes this prevents a risk of requiring rezoning to commercial
designations in developing areas where if that utility use leaves in the future, they are left with a
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April 20, 2022
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zone that could be redeveloped as something that might not be as compatible with surrounding
uses. Using the public zones allows a bit more control over what uses might be there.
In terms of consistency with the Comprehensive Plan, Lehmann stated there are growth and
infrastructure policies that are included in the Plan. Typically, they're not focused so much on
where utilities should be placed but focused more on how there should be growth in existing
areas or how areas will be best served by existing and proposed infrastructure that provides high
levels of service with efficient costs. He noted there are several strategies throughout the Plan
that talk about this, such as identifying opportunities for infill development and concentrating new
development in areas contiguous to existing development. The Plan doesn’t directly address
infrastructure but addresses the mindset about how well-planned utilities are essential and
ensuring that it's cost effective. Therefore, providing basic utility uses in P-1 zones does have
benefits such as it allows improved coordination between public and private utilities and also
provides greater flexibility in placing those to ensure cost effective services.
Lehmann stated staff did receive some public comment which was forwarded to the
Commissioners. MidAmerican Energy submitted some revised language that they recommend,
one is to explicitly state that private ownership is allowed in P-1 zones for basic utility uses and
the other is a change from will to may in describing what designates a P-1 zone and whether it
has to be a P-1 zone, but staff does support that change and generally doesn't think that
explicitly stating private utility uses is necessary at this time.
Staff does recommend that the zoning code be amended to allow basic utility uses in
Neighborhood Public (P-1) zones provisionally or by special exception, as illustrated in
attachment one of the staff report.
Hensch asked for clarification that previously it was only allowed for publicly owned utilities, and
this will transition it to all basic utilities. Lehmann confirmed that was correct. Hensch asked if this
would replace the purchase of easements by utilities and could they just go to a public area
rather than have to negotiate with a private property owner to purchase an easement at market
rate. Lehmann stated what this amendment allows is for if there is an existing public facility that
would be appropriate for a basic utility use next to it the private utility could build their basic utility
use on that public land, or portion off a part of it, and subdivide and purchase that portion.
Hensch asked if a privately held utility or an investor held utility could place their property on
public land at no cost to that utility. Hekteon replied, no what this amendment allows is for the
private utility to purchase land. Hensch asked how that price will be determined, would it just be
market, would the property need to be appraised. Hekteon replied it would just depend on their
private negotiations. Hensch noted since this approval is provisional, is that done then at the
administrative level, and sometimes go to Board of Adjustment. Lehmann confirmed that is
correct, if it is enclosed within a building, it would be provisional and administratively reviewed. If
it is not enclosed, such as an electric substation, then that would be Board of Adjustment
reviewed.
Lehmann noted when discussing placing a use with another use allowed in the zone, in the past
there have been utilities that have built a warehouse which is a use allowed in the zone, and then
just attached their utility used to it and then it's provisionally allowed, rather than going to the
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April 20, 2022
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Board of Adjustment. This amendment is trying to circumvent some of those odd quirks that
come with the code in terms of that revision to the provisional use standards.
Martin asked if there is a maximum size they can build if they're on public land, does it have to be
a percentage of the overall land. Lehmann replied they'd be subject to standards that anyone
building on public land would and there are some site development standards, it's less strict on
public land than other zones but there's no size requirement involved as currently proposed.
Craig noted one of her major questions is she doesn’t understand the minor/major difference in
some of the other cities discussed and also keeps thinking of easements and all the green boxes
that are in the easement of the public right-of-way and in many people's yards so how did they
get there. Hekteon stated there would be a utility easement. if they're in someone's yard.
Lehmann noted there is a distinction between mechanical equipment versus utility uses and
mechanical equipment is more likely what Craig is thinking of, which is the smaller stuff needed
in the day to day like power lines. The larger utility uses, pump stations, gas regulars, gas relay
stations, electric substations, communications hubs, those are in easements.
Nolte asked for Staff’s reasoning as to why this is necessary. Hekteon stated by definition basic
utility use is a public or private utility. The City doesn’t typically zone based on who owns the land
but rather on how the land is used and that's why they feel like it's pretty clear that it can be
public or private utility uses.
Craig agreed but noted staff is referring to the land here not to what is going to be put on the land
in the amendment. The purpose of the public zones is to provide reference to public ownership
and use of land. So this amendment is awarding private ownership for use of land for basic
utility. Lehmann explained that is the amendment language MidAmerican proposed. What staff
has proposed is the purpose of the public zones provide reference to public ownership and use
of land, or to the use of land for infrastructure services that need to be located in or near the area
where the service is provided. Craig thought staff supported the change that MidAmerican had
requested. Lehman stated staff supports the second change in paragraph 14-2F-1B-1 that it may
be uses otherwise controlled and necessary infrastructure may be designated as P-1, instead of
will be designated as P-1 and Lehmann explained that's because these uses are allowed to be in
other zones so it makes sense that they say may and not will, that all infrastructure or utilities
have to be in P-1 zones because they could be in these other zones, too. Lehmann noted what
they see in public zones is land gets purchased by the City and then down the line they rezone it
to P-1 because it's an ownership designation right now, because there are private uses that are
already allowed or trying to shift back towards the general use of zoning to control uses rather
than ownership.
Craig asked about the part staff doesn’t support and how they are talking about the public zone,
and suddenly talking about private ownership, how can there be private ownership of land in the
public zone. Lehmann explained because the public zone is the name of a zoning designation.
Hektoen stated this is discussing the uses allowed on public zoning designations, which include
basic utility uses. She referenced table 2F-1 that discusses uses not ownership and basic utility
uses. Lehmann added looking at the existing lists, not the table, the City already allows privately
owned communication transmission facilities in public zones and don't specify whether utility
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April 20, 2022
Page 6 of 19
scale ground mounted solar energy systems need to be publicly or privately owned. Also plant
related agriculture can be public or private, so there are already some nonpublic uses that are
allowed in public zones.
Craig asked if private ownership in that proposed change is referring to the actual thing not to the
land. Hekteon said it is referring to the land and this doesn't say that only public entities can own
the land. It says if a public entity owns the land, it should be designated public. Craig countered
to take that further, the definition of public zoning is a public entity owns the land. Hekteon stated
that's one part of it. Lehmann pointed out there's an “or” statement that says or it doesn't specify
or private ownership. Staff believes that because the way that zones work that wasn't necessary.
Hekteon stated that's the purpose statement and then they go to the uses so together, all of it
acknowledges the private ownership of the land in use for basic utilities.
Signs asked about striking the language under the P-2 section where it talks about the
designation “it serves as notice a function of owning and buying land in proximity to public land,
etc,” and the reason he is questioning that is he didn’t know the state and federal government
were exempt from ordinances until he joined this commission and so to take that out, from public
information seems unwarranted. Hekteon stated this language doesn't inform the public because
when one goes to buy a piece of land, they get an abstract for the piece of land. They don't get
an abstract that tells them what their neighboring property is designated. She emphasized it will
still be publicly available information, but they were trying to kind of get away from the emphasis
on the ownership as it didn't seem particularly helpful information. Signs asked if there is
anyplace else in the code or where it explains to the public that state and federal governments
are exempt. Hekteon does not believe so, removing this doesn't change anything, the uses that
are allowed in the P-2 zones are still the same and it is subject to City regulations, they just tend
to be less onerous. The language is sort of misleading so that was why staff is recommending
striking that language.
Townsend asked what prompted this change. Lehmann stated the most immediate was
MidAmerican requested an amendment for a South District substation and basically staff has had
this conversation anytime ImOn has come for utility cabinets as well. This has been an ongoing
discussion, staff found drafted language for this from probably four or more years ago and so
decided it was time to act on it.
Martin asked if staff feels this verbiage helps navigate that conversation with more efficacy.
Lehmann conferred they think that it opens up opportunities for different locations for public use,
or for utility uses and prevents those issues where if they need a utility use they would have to
have commercial zoning to have that which leaves some risk that in the future if that use leaves
there will be commercial zoning that doesn't mesh with a lot of Plans and creates some
complications. Therefore, staff thought that P-1 zones might be a good alternative because if that
basic utility use leaves, there's pretty limited uses allowed within that P-1 zone and it would
probably have to be rezoned to be reused for anything other than those absolutely required
infrastructure expenditures or for city or county use.
Planning and Zoning Commission
April 20, 2022
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Martin asked if staff feels like this allows for significant or an appropriate amount of protection for
the neighboring community as well, like for example if the new subdivision by Hickory Hill needs
a substation or a pumping station is that then going to take up the entirety of an acre of land.
Could this have a negative impact on those surrounding developments or residential uses.
Lehmann stated when thinking about possible impacts, a public utility like a pump station or
sewer lift station are already provisionally allowed, they're approved either through subdivision or
through site plan review and are allowed to use public zones. If there is private infrastructure,
they're looking at commercial or industrial zoning that they have to use and in some cases those
things are needed, electric substations, utility hubs, etc., and so looking at providing ways to do
it, still requires a rezoning which would allow an opportunity for the public to be informed and
address it at that time. If it's in an existing public zone, it wouldn't go through a rezoning process
because either the City or the County or the School District would control that land already, but it
still has to go through approval on some level. It would be similar to if they are going to rezone it
commercial, it would still go through the same process. The difference is at the end of the day
when it's rezoned it’s a public zone and there are pretty limited uses in what's allowed there,
versus a commercial zone where there's a lot broader variety of uses that are allowed.
Therefore, staff saw this as a better alternative, especially for developing areas.
Russett added if it didn't require a rezoning and it was something like an electrical substation, it
would require a special exception and the neighborhood would be notified and the Board of
Adjustment would hold a public hearing on that.
Hekteon noted if it was an existing public zone, presumably that means that a public entity owns
the land, so either that would involve the sale of land to the private utility company, which would
require public hearing at least at the Council level, or a lease, which again, would require public
scrutiny, to allow that entity to come in and use the land, and they would have to get fair market
value for it and wouldn't just be giving away publicly owned land for this private use.
Craig asked if cell towers are considered with this, they're not public utilities. Lehmann said cell
towers are considered communications transmission facilities and are already provisionally
allowed through special exception.
Craig asked what does the County do compared to the City. Lehmann did not look at the
County's regulations regarding utilities. Craig was wondering if they could just surround the City
with utilities, not that they would do so. Lehmann stated sometimes they require conditional use
permits, but that’s not in every County zone. Russett added the County does allow electrical
substations in residential zones through a conditional use permit process so similar to the City’s
special exception where it has to go to their Board of Adjustment so just based on that they're
probably a bit more lenient than the City is in terms of their regulations.
Lehmann reiterated most other larger communities do generally allow these uses in residential
zones, but Iowa City tends to be pretty restrictive and that’s been a good thing and they don’t
want to allow blanket utility uses wherever, but rather trying to provide it in areas where it might
be appropriate seems to make sense.
Planning and Zoning Commission
April 20, 2022
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Signs stated going back to what MidAmerican is suggesting, it is not a negative and theoretically
they could have a piece of public land and could request to purchase a piece of that land at
which point it becomes private land. Lehmann confirmed the amendment would allow that to
occur.
Townsend asked how safe these basic utility stations in residential areas are, especially the big
electrical hubs that seem like they're right next to residential areas, what's the safety factors
involved with that and is there anything that can be written into the zones that they're not so
close. 200 feet doesn't sound like enough distance. Lehmann stated the distance of the 200
feet is in industrial zones and they're allowed provisionally in industrial zones with 200 feet and
must be screened for public rights-of-way to the S3 standard, and also be enclosed by a fence if
in industrial areas. In commercial areas, if it's enclosed, then it's okay and allowed provisionally
and if it's not allowed provisionally, it requires a special exception. One of the criteria is that it has
to be compatible to surrounding structures with regards to safety, size, height, scale, location and
design. It's reviewed by the Board of Adjustment and they can place any condition with regards
to any safety concerns that they have. The Board looks at the health, safety, comfort and
welfare of those in the area and then it does require that screening as well, that's part of the
criteria.
Townsend noted that new apartment complex on Foster Road near Prairie Du Chien and there's
a big electrical station right next to the apartment complexes, how did that happen, it seems like
it's awfully close to that residential. Lehmann said that is in a commercial zone, and it was
approved by the Board of Adjustment, and they were satisfied that it was safe and a valid
location for it. Townsend asked do they keep that from happening in the future because it
doesn’t look very safe. Lehmann replied amend the zoning code.
Padron asked for an example of something that is privately owned currently in a P-1 zone, other
than the cell towers. Hekteon said right now, that's all that's really allowed. Russett noted solar
is also allowed in public zones and the City was working with MidAmerican Energy to get a solar
facility out by the water treatment plant but City Council ultimately said no to that, but that use is
allowed in public zones.
Padron asked is there a way to know that whatever is built on this P-1 land will serve the area
that it is currently in, is there a radius maximum that this equipment that is going to be here has
to serve. Lehmann said there is no requirement with that. Padron noted then potentially they
could build something that serves an area farther away. Lehmann agreed potentially, but by
nature those things that are close to what they need to serve. A pump station is going to have to
be close to where it's used because it's being used for that purpose, maybe it helps people way
upstream.
Russett added in the conversations they've had with ImOn when looking for utility hub sites,
they're trying to address gaps that exist in the community and there's a very small area in which
they can locate those hubs and fill that gap. So maybe, theoretically, what Padron is suggesting
could happen, but staff doesn’t think practically it would.
Hensch opened the public hearing.
Planning and Zoning Commission
April 20, 2022
Page 9 of 19
Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican
Energy Company and wanted to state they are in support of the staffs request to amend the P-1
zone. In short, it gives more flexibility to the City to allow land that would otherwise have to be
zoned commercial or industrial to be zoned something as public for something that is more
permanent improvement. In this case, an electric substation is what drove the discussion. When
they did the Foster Road substation, MidAmerican owned a piece of land on the east side of
Prairie Du Chien and wanted to use it for a substation and the City said no, they should use a
commercial piece, so they went across the street and used that. They were then made aware
that the public zoning classification, if it were to be used is very restrictive, it’s only for things that
are owned by public institutions, in which case MidAmerican is not. It came about again in the
last couple of years as they're looking to put a substation near the south area of the City. Much
of that area is undeveloped, but yet has a Comprehensive Plan designation for it. For
MidAmerican to take a piece of land that is in the Comprehensive Plan and zone it commercial or
industrial just to put a substation seemed too much so this P-1 district solution seemed to be a
good solution. In other words, they would zone something P-1 which would enable them to use it
for an electric substation. They would still have the same approval requirements that they'd have
in a commercial district, to go to the Board of Adjustment with that request and have them review
it and make sure it was appropriate and that's what happened with the Foster Road substation a
few years ago.
Pose did add a technical correction with the staff concerns, section 14-2F-1 and the definitional
sections, which still seem to have this vestige of they can only do this if the land is publicly
owned. MidAmerican’s discussion with the staff here is a friendly one, they both want the same
thing, they want an ordinance that is well written and can stand the test of any legality check. The
concern on behalf of MidAmerican is unless they get this right, for what they're doing in the P-1
with the substation they're going to have to go to the Board of Adjustment anyway and if the
Board of Adjustment makes a decision that somebody doesn't like it can be appealed to a district
court, and a district court could decide whether or not this ordinance says public or private
ownership. Pose just wants to get this correct because he thinks the intent clearly is to let
something that is owned privately, and MidAmerican wants to own land that it builds the
substations on as it's a lot of equipment and they don't want to put that on a leased facility or
anything that is City owned, but as the purpose statement reads now, and this is after the City's
proposed amendments, 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 provided. Public ownership is mentioned, but not private
ownership, and the term infrastructure services, use of land for infrastructure purposes, or
services, is not defined in the City ordinance. Pose doesn’t know what infrastructure services
are, by definition, in the City. On the other hand, basic utility uses are defined in the City Code
and includes such things as substations. The second place where this becomes an issue about
ownership is in the Neighborhood P-1 statement where it says uses such as schools, parks,
police and fire stations and other civic buildings, owned or otherwise controlled by the County,
the City or the Iowa City Community School District and necessary infrastructure. Again, this is a
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April 20, 2022
Page 10 of 19
term that's not defined, will be designated as P-1 Neighborhood Public zone. Staff has said they
would agree with the change of will to may and the reason MidAmerican suggested that is not
every substation they would do has to be P-1, it can still go to a commercial zone if that's
appropriate. Pose noted the problem he wants to solve is to make sure that a privately owned
piece of land can be used for a public utility and used in P-1. Staff’s language states public
ownership, Pose wants it to be clear that it could be private ownership too because MidAmerican
while they're a public utility company in the broad sense, they are privately owned and they need
public ownership referenced in the section. He also added in basic utility use language because
that is a defined term in the code and includes such things as substations. In the second
paragraph, he added or a privately owned for basic utility services, so that it's included with the
County, the City, the School District, and he intended his corrections he submitted again to help
the ordinance do what the staff wants it to do and make sure that if they go forward with a
substation, because it's going to have to go to the Board of Adjustment anyway, that all of the
ordinance provisions indicate that that use can be allowed in the district.
Pose doesn’t think this is intended to replace anything in the franchise that the City has with
MidAmerican where MidAmerican can go down public streets and cross trails because those all
have to be approved by the City anyway. Any kind of construction that's in a public land, they'd
have the right to cover it. Pose stated they are wanting to use this so that it solves a problem
within the City not creates them.
Hensch found it odd how it references particularly the Iowa City Community School District. If
Iowa City in the future annexes land and annex into a neighboring school district, then this
particular amendment would not apply. Pose would have to defer to how the City would treat that
but he would think they'd want to amend it if another school district came in.
Pose stressed again there's too much investment of equipment there for that to be something
that they would just place on public land. Also some of the things that were happening or that
were described are not really likely for MidAmerican but staff is also trying to do some other
things here for ImOn and MidAmerican is focused more on the having a chance to solve a
problem in the South District and have an ordinance that's well written for the future if they ever
have to zone land P-1. The electric substations MidAmerican deals with take power from
transmission lines, the bigger lines that run through the community, and they downsize it to from
161,000 volts to 13,500 volts so by definition they need to be near a transmission line.
MidAmerican’s general surface area that they want to cover is three miles, they want these about
once every three miles and have redundancy so that if some station goes out because of a
storm, the other one can cover it. The south area is growing quickly, the north area where Prairie
Du Chien and Foster Road are grew quickly too and they had to put a substation into an existing
and developing residential area, which is a very different problem than they have down in the
south where they want to get it in there before the development happens and allow everyone to
see that it's there. Most times when the substation gets in there first, it gets absorbed very
quickly and nobody blinks an eye at it. If they try to do this where people can see it when they
couldn't before then there's questions, but they're a necessary animal for development of the
community and supply the distribution power that's necessary to light the buildings, do the
Planning and Zoning Commission
April 20, 2022
Page 11 of 19
security, lighting, anything that's electrical because it comes from a distribution substation
somewhere. This is a big investment and good for the community.
Hensch did have a question for staff if saying Iowa City Community School District seems overly
specific or if another school district was ever annexed in the future they would simply amend this.
Hekteon had not thought about future school districts and annexation, only that a school district
is not a subdivision of the federal, state or local government so in order for them to be included in
this, they have historically specifically named them. The idea is it's not meant to apply to private
schools
Craig asked Hekteon why she thinks that the first part of the amendment proposed by
MidAmerican is not necessarily. Hekteon replied because it's just a purpose statement and
again the meat of the uses that are allowed are in that table. The language that staff has
proposed regarding the purpose is broad enough and is more consistent with other purpose
statements for other zones. The infrastructure services, that's more or less the definition of basic
utility but the transmission, those aren't technically regulated and are considered another use so
she didn't want that purpose statement to be too narrow by using a defined term.
Hensch closed the public hearing.
Nolte moved to recommend that the zoning code be amended to allow basic utility uses in
Neighborhood Public (P-1) zones provisionally or by special exception, as illustrated in
attachment one of the staff report.
Signs seconded the motion.
Hensch noted this is a complicated topic, as far as trying to foresee how the public will perceive
this and as soon as they hear public lands and private uses, they immediately think about how
the public is going to react so they want to make sure they're covering all the bases and getting
all the discussion out there. He feels pretty comfortable with what he’s heard now and initial
questions have been resolved.
Craig noted this is just keeping up with the times and as the City grows the amount of utilities
that people need. 30 years ago whoever thought they needed internet service at their house, it's
just keeping up with the times. It sounds like the staff has worked well with the suppliers of those
utility services and the City needs it.
Hensch agrees they can't have a healthy city and a growing city without utilities, he also really
likes the idea of trying to get this substation placed early so then development can occur around
it, and everybody's completely aware of it, rather than placing it retrospectively.
Padron supports the staff version of the amendment, the only thing she has concerns about is
the way these structures or these buildings will look and wonder if they can put a requirement of
having them be covered with plants or native trees or maybe use the some of the walls of the
structures to be public art from local artists or something, that is her only concern. Signs noted
there are S3 screening requirements.
A vote was taken and the motion passed 7-0.
Prepared by: Kirk Lehmann,Associate Planner, 410 E Washington St, Iowa City, IA 52240(REZ22-0002)
Ordinance No.
Ordinance amending Title 14, Zoning Code to allow private basic utility uses
in P-1 zones, to clean up the public zone section, and amend basic utility
approval criteria. (REZ22-0002)
Whereas, basic utility uses are public or private infrastructure services that must be near the
area the service is provided; and
Whereas, basic utility uses are required for the City to grow and thrive; and
Whereas, Title 14, Zoning currently restricts basic utility uses to many non-residential zones,
but only public basic utility uses are allowed in Neighborhood Public (P-1) zones; and
Whereas, this leaves gaps in existing and developing areas of the City that make it challenging
to provide necessary private infrastructure services, such as electric substations and other private
utility improvements; and
Whereas, allowing private basic utility uses in the P-1 zone will improve coordination of public
and private utilities and will provide greater flexibility in the placement and expansion of necessary
utilities, both public and private; and
Whereas, to address any negative externalities related to the appearance of such uses and
their possible effects on the future development of adjacent property, certain approval criteria
consistent with basic utility uses in commercial zones are appropriate; and
Whereas, the section on public zones requires additional modifications to harmonize it with
other zoning sections and to clarify it is not tied exclusively to public ownership; and
Whereas, Staff recommends amending the code to eliminate the provisional approval criteria
that require basic utility uses be enclosed within a building to share said building with another use
allowed in the zone, as this leads to unnecessarily burdensome approval processes; and
Whereas, the Planning and Zoning Commission has reviewed these zoning code
amendments on April 20, 2022 and recommends approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iowa is hereby
amended by adding the following underlined language and deleting the stricken language:
A. 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
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 Csommunity Sschool Ddistrict, and necessary infrastructure,
Ordinance No.
Page 2
for such uses may w+ll 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
. - _ - _ _ _ . • . _ _ _ _ • __ _ _ , , The 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.
B. 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 (5) 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 special
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
C. Provisional Uses:
1. Privately owned communication transmi'cion facilities.
2. Utility scale ground mounted solar energy system.
D. Special Exceptions: Privately owned communication transmi.sion facilities.
Table 2F-1: Principal Uses Allowed in Public Zones
Use Categories Subgroups P-1 P-2
Land. buildings. or structures used for public or P P
governmental purposes and owned by the federal, state, or
local governments. or political subdivisions thereof, or the
Iowa City Community School District
Institutional and civic uses:
Basic utility uses PR/S
Ordinance No.
Page 3
Utility-scale ground-mounted solar energy systems PR PR
Other Uses:
Agricultural Uses Planted related P P
Animal related
Communication transmission facility uses PR/S PR/S
C. Amend 14-2F-6 as follows:
A. If any land zoned public is sold, conveyed, or transferred to anyone other than the
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, Ts ended 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. t - - - - - -- se..":- -e ,
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 its original public zone
designation.
D. Amend 14-4B-4D as follows:
1. Basic Utility Usesies - -e••••- -- -=- trial Zones And ID C, ID I, And ID RP
Zones:
a. Basic Utility Usesies Within Enclosed Within Buildings: in all commercial.
led-ustrial, and-research zones. and i- -- ! ` , • = ! " e-- , =Basic
utility usesies are permitted within a building . =- - • - -- - - -- - -
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 1-2 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 city 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 Db(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 evidence that tThe
Ordinance No.
Page 4
proposed use must w+U 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 CGity 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.
Section II. 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.
Passed and approved this day of , 2022.
Mayor
Approved by
Attest:
City Clerk City Attorney's Office
(Sara Greenwood Hektoen—05/12/22)
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:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
First Consideration 09717/9099
Vote for passage: Bergus, Hansen, Taylor, Teague
Thomas,Weiner, Alter
Second Consideration
Vote for passage:
Date published
Item Number: 9.b.
May 17, 2022
O rd inan ce to amend Titl e 14 Z on ing regard ing d rinkin g estab l ishmen ts.
(R E Z 22-0007)
AT TAC HM E NT S :
Description
P Z Staff Memo
P Z Meeting Minutes
Ordinance
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
Planning and Zoning Commission
April 20, 2022
Page 12 of 19
{Nolte left the meeting for another appointment}
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.
Russett began the staff report noting this is an amendment relating to City standards for drinking
establishments. Regarding background, in 2009 the City established a separation distance
requirement between drinking establishments of a 500-foot minimum separation distance, and
this was due to concerns of over concentration of these uses in the downtown and underage
drinking. It was applied City wide in 2009 and then in 2013 another amendment was passed that
restricted that separation distance requirement just to the University impact area and Riverfront
Crossings. For those existing drinking establishments that didn't meet that 500-foot minimum
separation distance requirement, they were allowed to continue if the use did not change and if
their liquor license was in good standing, and expansions of that use were only allowed in certain
circumstances such as rooftop cafes. Last year, an amendment came forward to the
Commission and to Council related to allowing non-conforming drinking establishments to
continue where economically viable business substitutes were not found for locally designated
historic buildings and that amendment was brought forward due to the Tailwinds project
downtown on the Ped Mall. The amendment that is proposed tonight is also a result of that
project as the developers would like to modify the structure at 111 East College Street, which will
house Reunion Brew Pub and Restaurant to internally connect to a sales-oriented retail use
planned for the building to the east at 115 East College Street. Without this proposed
amendment, that would be considered an expansion of a non-conforming drinking establishment
and not allowed. Staff is proposing tonight an amendment that would amend the definition of
enlargement and expansion to note that a door connecting a drinking establishment to a sales-
oriented retail use would not be considered an expansion and it also proposes to amend the
City's non-conforming provisions for drinking establishments. It outlines specific criteria that must
be met if a non-conforming drinking establishment wants to have a door between that use and a
sales-oriented retail use. Some of those requirements are that the door have the same fire
resistive rating as the wall and be ADA compliant. They must post a notice that alcohol is
prohibited in the sales-oriented retail use, and that staffing must be sufficient to monitor patrons
to prevent violations. The proposed amendment also gives authority to the Police Chief to close
the door if open container violations occur. The proposed amendment is narrowly tailored, it only
applies to a door between a drinking establishment and a sales-oriented retail use not another
use like an office use or some other type of use next to a drinking establishment. Sales-oriented
retail uses are not allowed to have a liquor license, they are allowed to sell accessory alcohol
sales for offsite consumption, if it's less than 25% of the gross yearly income.
Staff recommends approval 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.
Planning and Zoning Commission
April 20, 2022
Page 13 of 19
Martin asked what if that retail shop participates in First Fridays, can they not offer wine to their
patrons, does that require a liquor license. Russett noted she is not well versed in what requires
a liquor license and what doesn't so can't answer if that's a violation or not.
Craig noted this feels like a lot of work for something that she personally can't quite comprehend
why they care. Maybe as a fire exit or something and they have to go through that door to get out
to somewhere. Signs explained this is because down below they want to have a little shop that
sells Reunion merchandise and want people to be able to go from the bar to their little shop that
sells their T-shirts and their hats and their stuff like that.
Martin asked does that mean then that they're at capacity for the size of establishment that sells
booze. Russett explained they're a non-conforming drinking establishment so they can't be
considered for an expansion but through adding the door, it would be considered an expansion
of the non-conforming drinking establishment. There would be a door connecting the two
buildings, and that's where they would sell their merchandise and will also have access to
restrooms.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Craig moved to recommend approval 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.
Martin seconded the motion.
Hensch noted it seems very similar to things he’s experienced when on vacation going to touristy
areas where they have a restaurant/bar area and a gift shop off to the side.
A vote was taken and the motion passed 6-0.
CASE NO. REZ22-0004:
Consideration of an amendment to Title 14, Zoning to clarify requirements and ensure compliance
with changes to State law.
Lehmann began the staff report noting staff keeps an ongoing list of small things that they need
to change or clean up, whether that's in reaction to State law, whether it's to codify
interpretations that they've made over the years and want to make sure it's clear to the public,
whether it's to clarify standards that are laid out in any way that people can figure out, or even to
ease staff administration. Staff made a list of 11 and most of them are pretty straightforward.
The first one is with regards to circulation for pedestrians in cases of redevelopment. This would
add provisions to single family site development standards and site plan review design criteria
that would allow the City to require the construction of sidewalks within public rights-of-way.
Currently, there are standards that allow it within private property, but not within the public rights-
cif,b
Prepared by:Anne Russett, Senior Planner,410 E Washington St, Iowa City, IA 52240(REZ22-0007)
Ordinance No.
Ordinance to amend Title 14 Zoning regarding drinking establishments
(REZ22-0007).
Whereas, studies show that the increase in the concentration of alcohol-related uses is
correlated to the overconsumption of alcohol, is correlated to the prevalence of underage drinking,
and contributes to an increase in violence and crime; and
Whereas, on June 2, 2009, City Council adopted Ordinance 09-4341, which established
spacing requirements for drinking establishments throughout Iowa City due to the negative
externalities associated with a concentration of drinking establishments such as bars and pubs;
and
Whereas, drinking establishments that were legally established at the time the spacing
requirements were adopted were allowed to continue as legally nonconforming uses, subject to
special standards for nonconforming drinking establishment uses; and
Whereas, on August 20, 2013, City Council adopted Ordinance 13-4544, limiting the distance
separation requirements for drinking establishments to just the University Impact Area and the
Riverfront Crossings District because a concentration of drinking establishments was less likely
to occur such that spacing requirements were not necessary and were unduly restricting
economic development opportunities in outlying commercial areas; and
Whereas, on May 18, 2021, City Council adopted Ordinance 21-4856 allowing the continuance
and expansion of such legal nonconforming uses where the owners have been unable to establish
viable conforming business in buildings with a Historic District Overlay that have remained vacant
for at least two years; and
Whereas, it is reasonable to further amend the drinking establishment provisions to allow a door
between a drinking establishment and a sales-oriented retail;
Whereas, it is also reasonable to amend the nonconforming drinking establishments provisions
to allow a door to a sale-oriented retail use if specific approval criteria are met; and
Whereas, the City's Comprehensive Plan encourages the retention and expansion of existing
businesses, to attract businesses that have growth potential and are compatible with Iowa City's
economy, and to encourage new business development in existing core or neighborhood
commercial areas; and
Whereas, this amendment is narrowly tailored and gives discretion to the Police Chief to
permanently close the door if violations occur; and
Whereas, the Planning and Zoning Commission has reviewed the zoning code amendment
set forth below and recommends approval.
Ordinance No.
Page 2
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iowa is hereby
amended as follows:
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.
Section II. 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.
Passed and approved this day of , 2022.
Mayor
Approved by
Attest:
City Clerk City Attorney's Office
(Sara Greenwood Hektoen—05/12/22)
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:
Alter
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
First Consideration 05/17/2022
Vote for passage: Harmsen, Taylor, Teague, Thomas,
Weiner, Alter, Bergus
Second Consideration
Vote for passage:
Date published
Item Number: 11.
May 17, 2022
O rd inan ce amen d ing Titl e 3, en titled “F in ance, Taxation an d F ees,” Chap ter
4, en titled “Sch edule of F ees, Rates, Charg es, Bonds, F in es and Pen alties,”
Articl e 5, en titled , “Sol id Waste Disp osal ”. (Pass & Adop t)
Prepared B y:J acklyn F leagle, A ssistant F inance Director
Reviewed By:Nicole Davies, F inance Director
Geoff Fruin, City Manager
F iscal I mpact:Solid Waste Disposal rate adjustments for F Y2023 amounting to an increase
of approximately $570,000 per year in revenues for the Refuse fund.
Recommendations:Staff: Approval
Commission: N/A
Attachments:Notice of Public Hearing
Ordinance
Executive S ummary:
T he F inance Department requests the City Council hold a public hearing for A pril 19, 2022 to
consider amending Title 3, Chapter 4 of the City Code.
Title 3, Chapter 4 amendments include an increase in residential solid waste collection fees for
yard waste collection by $1.50 per dwelling unit per month, an increase of additional yard waste
carts over 1, per month by $1.50 each, an increase of residential solid waste collection fees for
curbside solid waste disposal by $1.00 per dwelling unit per month, an increase of additional
refuse carts over 1, per month by $1.00 each, and an increase in residential solid waste collection
fees for curbside recycling fees by $.50 per dwelling unit per month in fiscal year 2023.
Background / Analysis:
Title 3, Chapter 4 of the City Code is the ‘S chedule of Fees, Rates, Charges, B onds, F ines and
Penalties’
Solid Waste Disposal Rate Adjustments
I n the fiscal year 2021, the R efuse C ollection f und had an ending unassigned f und balance of
$1,268,644. T he revised projected fund balance f or fiscal year 2022 is estimated to be
$1,137,691, a 10.3% decrease. T he City’s curbside program has seen consistent increases in
trash, recycling and organics usage over the past three years, while fuel, equipment, and labor
costs have increased for all three services. R ecycling tonnages are up an average of 14% over
the past three fiscal years since the transition to single stream and ongoing outreach efforts.
Organics (f ood and yard waste) weights have increased an average of 30% over the past three
fiscal years since the addition of food waste to the yard waste program several years ago. W ithout
the $1.50 per unit per month rate increase for yard waste f ees to $3.50 for the f irst and additional
carts, the $0.50 per dwelling unit per month increase for curbside recycling, and the $1.00 per
dwelling unit per month f or the first and additional carts increase for curbside solid waste disposal,
the fund balance would continue to decline.
T he R efuse Collection fund is an enterprise or business-type fund that is expected to be self-
funding. T he primary solution is to review user rates to ensure that the f und is generating sufficient
revenue to cover both operating and capital expenses. B y implementing the solid waste rate
increases mentioned previously in fiscal year 2023, the anticipated declines in the fund’s cash
balance is greatly reduced. This solution also provides for a much healthier and sustainable fund
over time versus financing the necessary capital improvements through revenue bonds or other
debt.
T he proposed fee increases are expected to generate enough revenue to support the increase in
operational costs and ensures that the Refuse Collection fund remains a self -f unding enterprise.
T he expected increase in revenues f or the R efuse Collection fund is approximately $570,000 a
year.
AT TAC HM E NT S :
Description
Notice of Public Hearing
Ordinance
Notice o f Public Hearing
Notice is hereby given that a public hearing will
be held at which the Council will consider:
Ordinance amending Title 3, Entitled
"Finances, Taxation and Fees," Chapter 4,
entitled "Schedule of Fees, Rates, Charges,
Bonds, Fines and Penalties," of the City Code
to increase solid waste disposal charges and
fees.
Copies of the proposed ordinance are on file
for public examination in the office of the City
Clerk, City Hall, 410 E. Washington St., Iowa
City, Iowa. Copies are available by telephoning
the City Clerk at 319/356-5043 or emailing
kellie-fruehling@iowa-city.org.
The public hearing will be held at 6:00 p.m. on
April 19, 2022, in the Emma J. Harvat Hall, City
Hall, Iowa City. Persons wishing to make their
views known for Council consideration are
encouraged to participate.
Kellie K. Fruehling, City Clerk
H .
Prepared by: Jacklyn Fleagle, Assistant Finance Director, 410 E. Washington Street, Iowa City, IA 52240;
319-356-5063
Ordinance No. 22-4879
Ordinance amending Title 3, entitled "Finances, Taxation and Fees,"
Chapter 4, Entitled "Schedule Of Fees, Rates, Charges, Bonds, Fines, and
Penalties," Section 5, entitled "Solid Waste Disposal".
Whereas, pursuant to Chapter 384, Code of Iowa (2021), the City of Iowa City is authorized to
establish and provide for the collection of rates to pay for the City's utility systems, including the
City's solid waste disposal services at the municipal landfill; and
Whereas, the City's financial policies dictate that the Refuse fund shall be self-supporting; and
Whereas, the City's current solid waste disposal rate structure does not provide sufficient revenue
to fund the necessary operations; and
Whereas, the Iowa City Council intends to provide a solid waste disposal rate and fee structure
that makes the City's refuse utilities self-sustaining; and
Whereas, the Iowa City City Council needs to increase residential solid waste collection fees for
yard waste collection by $1.50 per dwelling unit, per month, to increase additional yard waste
carts over 1, per month by $1.50 each, to increase curbside household refuse for solid waste
disposal by $1.00 per dwelling unit, per month, to increase the additional refuse carts over 1, per
month by $1.00 each, and to increase curbside recycling by $.50 per dwelling unit, per month on
July 1, 2022, to adequately finance the municipal refuse operational costs.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendment. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled
"Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid
Waste Disposal," of the Iowa City Code is hereby amended by deleting it in its entirety and
replacing it as follows:
3-4-5: Solid Waste Disposal:
Description Of Fee, Charge, Bond, Fine Or
Penalty Charge _J
, Yard waste collection fees:
Per dwelling unit, per month ; $3.50
Low income discount 75 percent of monthly charge
r-
Untreated wood waste Free
f' Additional yard waste carts over 1, per month ' $3.50
Collection of large items fees:
, Appliance collection, per item collected $20.00
Ordinance No. 22-4879
Page 2
I Description Of Fee, Charge, Bond, Fine Or
PenaltyI Charge
I I Bulky solid waste $12.50 per stop and 1 item; $6.00
I per additional items
Tire collection 1 $3.75 per tire; $7.50 tire and rim
1
Residential solid waste collection fees: 1
Curbside household refuse:
I. Per dwelling unit, per month [$13.00
bLow income discount 75 percent of monthly charge
I
Per sticker for each additional bag beyond $ 2.50 each
Ieach unit's monthly allotment
1 p Additional refuse carts over 1, per month $13.00 each
Ir:I—: Per 2 rooming units, per month (in addition to 1 $15.90
{ 1 I the dwelling unit fees)
n-r-1
,
Electronic waste 1 TVs or monitors $21.50 per item
4
' Curbside recycling:
1 p' Per dwelling unit, per month I $6.50
! Low income discount 75 percent of monthly charge
Iowa City community compost ,1 $20.00 per ton, $2.00 minimum
' Wood chip mulch , No charge
' Deposit and delinquency fee combined for City water '
and/or sanitary sewer and/or solid waste collection
I accounts:
I
i. I Residential owner account, per combined i $0.00
residential service for City water and/or sanitary
I sewer and/or solid waste collection service
I ,
! ' Residential tenant account, per combined $120.00
residential service for City water and/or sanitary
I sewer and/or solid waste collection service
I
1 5 percent delinquency charge on current billed 5 percent current billed portion. Can
I portion of the outstanding amount on combined be waived once every 12 months
i water and/or sanitary sewer and/or solid waste
1 I account that is not paid within 22 days of billing
I [date
Delinquency deposit for combined water and/or An amount equal to an average 2-
1 sanitary sewer and/or solid waste collection service month billing for the delinquent
Ordinance No. 22-4879
Page 3 ---- -_
---------- ---- ------------- -- -------- -
---- ----- ---- -- --- - --- --- --
Description Of Fee, Charge, Bond, Fine Or I
Penalty Charge
'I i account. Can be waived if the
account holder enrolls in SurePay
. Special wastes disposal fees:
1 , Disposal of special wastes (except for asbestos 12 times the landfill use fees in this
containing material and contaminated soils) , section i.
E--
Minimum fee ; 2 times the landfill use fee for 1 ton
r
I Asbestos containing material (ACM):
iI
! I , Nonfriable ACM, from Iowa City premises I $100.00/ton
subject to a Property Tax and City owned
F I property 1
Nonfriable ACM, from other locations $105.00/ton
Friable ACM, from Iowa City premises subject $100.00/cubic yard
to a Property Tax and City owned property
�— Friable ACM, from other locations $105.00/cubic yard
— Minimum fee for any regulated ACM $100.00
rContaminated soil: $50.00/tonj
�, Minimum fee for contaminated soil $150.00
r gr! Disposal of large items fees (see also Collection of
F
I large items fees above): i
Appliance disposal fees:
k- f
I Commercial per item disposed $1.00/cubic foot
Residential per item disposed $12.50 (at landfill scale house)
1 __
I Tire disposal fee:
I Per pound ' $0.15 -$
r— Subject to minimum fee $3.00
ri
1 Untreated wood waste and yard waste: $24.00/ton
�� Minimum — $2.00 t
1 Landfill use fees: ,
I
Arriving at the landfill with an unsecured or
.j i uncovered load:
I First instance in trailing 12 months Warning
Ordinance No. 22-4879
Page 4
Description Of Fee, Charge, Bond, Fine Or
Penalty Charge
Second or subsequent instances in trailing 12 $50.00
months
Electronic waste $3.00 per item; TVs or monitors
$15.00 per item
Solid waste from Iowa City premises subject to a
Property Tax and City owned property:
Total landfill fee per ton (includes State fee per $45.00
ton)
All other solid waste:
Total landfill fee per ton (includes State fee per $50.00
ton)
Minimum fee in lieu of tonnage fees (300 pounds
or less):
Solid waste from Iowa City premises subject to $7.00
a Property Tax and City owned property
All other solid waste $7.50
Section II. 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 on July 1, 2022.
Passed and approved this 17thday of May , 20 22 •
M or
Attest: k A u(,
City Clerk
Approved by
City Attorney' Office — 04/14/2022
Ordinance No. 22-4879
Page 5
It was moved by Bergus and seconded by pt,tpr, that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
First Consideration 04/19/2022
Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague
Thomas, Weiner. NAYS: None ABSENT: None
Second Consideration 05/03/2022
Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague,
Thomas, Weiner NAYS: None ABSENT: None
Date published 05/26/2022