HomeMy WebLinkAbout2022-06-06 OrdinanceItem Number: 9.a.
J une 6, 2022
O rd inan ce conditional l y rezonin g ap p roximatel y 4.7 acres of prop erty located
south of Lehman Ave & west of the Sycamore G reen way, from In terim
Develop ment – Multi F amil y Residen tial (ID-R M) to Neighborh ood Pu b l ic (P-
1). (R E Z 22-0005).
AT TAC HM E NT S :
Description
P Z Staff Report
P Z Meeting Minutes
Rezoning Ordinance
Conditional Z oning A greement
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ22-0005
Prepared by: Anne Russett, Senior Planner
Date: May 4, 2022
GENERAL INFORMATION:
Applicant:
Civil Engineering Consultants, Inc
Marty Dostalik
dostalik@ceclac.com
Contact Person: Lillis O’Malley
Chris Pose
cpose@lolaw.com
Owner: Lake Calvin Properties, LLC & Sycamore
Apartments
Requested Action: Rezoning to Neighborhood Public (P-1)
Purpose:
Development of an electric substation
Location:
South of Lehman Ave and west of the Sycamore
Greenway
Location Map:
Size: Approximately 4.7 acres
Existing Land Use and Zoning: Undeveloped / Agriculture, Interim
Development-Multi-Family (ID-RM) Zone
Surrounding Land Use and Zoning: North: Undeveloped / Agriculture, ID-
RM
South: Undeveloped / Agriculture,
ID-RM
East: Undeveloped / Agriculture, ID-
RM
West: Undeveloped / Agriculture,
Interim Development Single-Family
(ID-RS)
2
Comprehensive Plan:
2-8 Dwelling Units per Acre
District Plan:
South District, Form-Based Land Use
Neighborhood Open Space District:
N/A
Public Meeting Notification: Staff posted rezoning signs and send out
neighbor letters to property owners and
individuals residing within 500’ of the proposed
rezoning
File Date: 3/31/2022
45 Day Limitation Period:
5/15/2022
BACKGROUND INFORMATION:
The applicant, MidAmerican Energy Company, has requested a rezoning of approximately 4.7
acres of undeveloped land in the South District to Neighborhood Public (P-1) zone in order to
develop an electric substation for the area.
MidAmerican Energy Company has been searching for an appropriate location for an electric
substation in south Iowa City and has identified the property south of Lehman Avenue and west
of the Sycamore Greenway. In addition to the proposed rezoning, the applicant has also
submitted a County Conditional Use Permit application for a different location north of Lehman
Avenue (CREZ21-0004). While the Planning and Zoning Commission and City Council will
review that application and provide a recommendation to the County Board of Adjustment, the
final decision is made by the County.
At the Planning & Zoning Commission’s April 20, 2022 meeting, the Commission
considered a text amendment to the P-1 zone. The proposed amendment would allow basic utility
uses, such as an electric substation, by special exception in the P-1 zone. The Commission
recommended approval of the text amendment. The City Council will likely hold a public hearing
on May 17, 2022 to consider the text amendment.
The applicant chose not hold a Good Neighbor meeting, but did reach out to neighboring property
owners (Attachment 5).
ANALYSIS:
Current Zoning: The property is currently zoned Interim Development-Multi-Family (ID-RM). The
purpose of the ID-zones is to provide for areas of managed growth in which agricultural and
other nonurban uses of land may continue until such time as the city is able to provide city
services and urban development can occur. The interim development zone is the default zoning
district to which all undeveloped areas should be classified until city services are provided. Upon
provision of city services, the city or the property owner may initiate rezoning to zones
consistent with the comprehensive plan. The ID-RM zone allows a limited number of land uses,
including but not limited to single-family residential, plant related agriculture, animal related
commercial uses, religious institutions, and communication transmission facilities. Basic utility
uses are not allowed in the ID-RM zone.
3
Proposed Zoning: The P-1 zone has historically been used to identify land owned by public
entities. However, staff has proposed an amendment to the P-1 zone (REZ22-0002) in order to
focus less on ownership and more on land use. With the proposed amendment basic utility uses
would be allowed subject to a special exception, which would need to be reviewed and approved
by the Board of Adjustment.
Staff is recommending a condition of the rezoning that prior to site plan approval, the owner shall
prepare an Auditor’s Plat of Survey to align with the rezoning boundaries.
Compliance with Comprehensive Plan: The South District Plan future land use map identifies
the subject property as being appropriate for form-based land uses, primarily Transect 3:
Suburban Neighborhood General and a small portion of Transect 4: General Urban
Neighborhood Medium. The Comprehensive Plan future land use map shows the area as
residential development at 2-8 Dwelling Units Per Acre.
The South District Plan also includes a conceptual vision of a highly interconnected trail and
street network. Due to the nature of this development, the large site required and the proposed
use, the street network identified in the area of the proposed rezoning is not practical. That said,
if the area surrounding the proposed substation is developed under the form-based zone
regulations a highly interconnected street network will emerge around the substation.
The Comprehensive Plan contains policies for growth and infrastructure that guide
development, including how public funds for infrastructure and improvements should be
invested. The focus of the City’s growth 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. Goals throughout the plan reflect these policies, such as the housing strategy to
“Concentrate new development in areas contiguous to existing neighborhoods where it is most
cost effective to extend infrastructure and services.” While most strategies do not speak directly
to infrastructure provision, they emphasize the importance of well-planned utilities, without
which the City could not continue to grow and thrive.
The South District Plan also includes policies related to the development of new neighborhoods,
including the need for compact development that features a mix of housing types and small
neighborhood nodes. While the proposed location of the electric substation is not contiguous
with existing development, the location is more suitable for a basic utility use because it is near
existing transmission lines and is adjacent to the 1,000-foot buffer from the wastewater
treatment plan. The plan notes that future growth near the wastewater treatment plant buffer
area should “take its proximity into consideration prior to development.” It is also located within
City limits and provides a critical piece of infrastructure that paves the way for future growth in
the South Planning District. In addition, installing a substation prior to the surrounding
neighborhood, those moving to the area are aware of its presence in advance, rather than
locating an electric substation near or within an existing neighborhood.
Compatibility with Neighborhood: The proposed rezoning is in a location that has not yet
been developed. The land immediately surrounding the site remains undeveloped. The closest
residential development is to north of Lehman Avenue.
Environmentally Sensitive Areas: Based on the information provided by the applicant it is
staff’s understanding that the site contains hydric soils. Staff has requested that the applicant
submit a sensitive areas development plan along with a wetlands delineation report. It is staff’s
understanding that the wetland report will be available prior to the May 4th Planning and Zoning
Commission meeting.
4
Access and Street Design: Access to the site will be provided via Lehman Avenue. Lehman
Avenue is currently unimproved at the access point to the proposed substation. Therefore, staff
recommends a condition that prior to site plan approval, the owner extends Lehman Avenue to
the access point of the substation with chip seal materials approved by the City Engineer. Staff
also recommends as a condition of the rezoning that the owner demonstrates to the City access
to the subject property from Lehman Avenue, which may be in the form of a Temporary Public
Access Easement agreement. The access easement shall be released upon dedication of right-
of-way when the land is final platted. Such access area shall be in a location approved by the
City Engineer and in a form approved by the City Attorney’s Office.
Neighborhood Open Space: The proposed rezoning will not result in residential development;
therefore, the neighborhood open space provisions do not apply.
Storm Water Management: Compliance with the City’s storm water management ordinance will
be determined upon review of a site plan. If the applicant decides that it does not want to
provide storm water management on-site, they will be required to obtain an easement over and
across adjacent land to allow overland flow of storm water to the Sycamore Greenway, which
acts as a regional stormwater detention facility.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, the City Council will set a public
hearing to consider the rezoning application.
STAFF RECOMMENDATION:
At this time staff is still awaiting receipt of a wetlands delineation report. In order to recommend
approval of the rezoning as proposed the wetlands report must make a determination that no
wetlands are present and be approved by the U.S. Army Corp of Engineers.
If the applicant can demonstrate these items are satisfied, staff recommends approval of REZ22-
0005, an application to rezone approximately 4.7 acres of land south of Lehman Ave and west of
the Sycamore Greenway to the Neighborhood Public (P-1) zone, subject to the following conditions:
1. Prior to site plan approval, Owner shall cause Lehman Avenue to be extended through
any access point established for the subject property with chip seal materials, subject to
approval of the construction plans by the City Engineer.
2. Prior to site plan approval, Owner shall have prepared, approved by the City, and recorded
an Auditor’s Plat of Survey to align with the rezoning boundaries.
3. Prior to site plan approval Owner shall demonstrate to the City that it has vehicular access
to the subject property from Lehman Avenue, which may be in the form of a Temporary
Public Access Easement agreement, which shall be released upon dedication of right-of-
way when the servient land is final platted. Such access area shall be in a location
approved by the City Engineer and in a form approved by the City Attorney’s Office.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Applicant Statement
4. Applicant Sketch of Site
5. Applicant Neighbor Meeting Summary
5
Approved by: _________________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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SO C C E R P A R KRDREZ22-0005MidAmerican Energy Company Substationµ
0 0.1 0.20.05 Miles Prepared By: Emani BrinkmanDate Prepared: April 2022
An application submitted by submitted by Civil EngineeringConsultants, Inc., on behalf of MidAmerican Energy Company for approval of a rezoning of approximately 4.7 acres of property located at Lehman Avenue from Interim Development Multi-Family Residential(ID-RM) to Neighborhood Public Zone (P-1).
CECCivil Engineering Consultants, Inc.2400 86th Street . Unit 12 . Des Moines, Iowa 50322515.276.4884 . mail@ceclac.comQ:\E-FILES\E-8000\E8314\_C3D Drawings\Base Design Files\Layout\E8314 Option Plan.dwg, 3/29/2022 12:04:17 PM, mdostalik, 1:2
Planning and Zoning Commission
May 4, 2022
Page 2 of 17
By a vote of 6-0 the Commission recommends approval of SUB22-0002, an application
submitted by Hall and Hall Engineers for a Preliminary Plat and Sensitive Areas Development
Plan for Sandhill Estates – Part 5, an 18-lot, 8.88-acre residential subdivision located south of
Wetherby Park and east of Covered Wagon Drive.
CALL TO ORDER:
Hensch called the meeting to order at 6:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
Hensch noted he was requested to reorder the agenda items and transpose items four and five,
there were no objections from other Commissioners.
CASE NO. REZ22-0005:
Location: South of Lehman Avenue
An application for a rezoning of approximately 4.7 acres of land from Interim Development Multi-
Family Residential (ID-RM) to Neighborhood Public Zone (P-1).
Sitzman began the staff report showing the general location of the rezoning noting it's an
application on behalf of MidAmerican Energy to find a place for electrical substation and this is a
request to rezone land in the City from an interim zoning designation to a public zoning
designation for that purpose. The location is south of Lehmann Avenue and west of the
Sycamore Greenway. Sitzman explained an interim zoning district (ID-RM) is essentially a
placeholder default zoning district for land when it comes into the City waiting a final designation
for future development. Basic utilities such as proposed here would not be allowed in the ID-RM
so it does need to be rezone to allow for that. Sitzman pointed out that at the last Planning &
Zoning meeting they considered a zoning code text amendment altering what uses can be in a
P-1 zone. This rezoning would use that code change, and this would be a valid zoning request
for that land.
When staff reviews rezoning they look at two main criteria, consistency with the Comprehensive
Plan and compatibility with the existing neighborhood. Sitzman explained in regard to
consistency with the Comprehensive Plan there are several things staff looks at. They look at
future land use plan maps and in the South District Plan and in the Comprehensive Plan this land
is indicated as appropriate for future residential development. The South District Plan itself does
contain the vision of a highly interconnected trail and street network and while the substation
footprint would be large and have an impact on that street network, the form-based code would
still require that network to emerge around the site so staff feels like it still could be compatible.
The Comprehensive Plan has written policies in it dictating growth and infrastructure and guiding
them towards being developed efficient ways serving current development and laying out a well
Planning and Zoning Commission
May 4, 2022
Page 3 of 17
thought out planned infrastructure for future development. This property is located within City
limits and the substation would provide a critical piece of infrastructure to pave the way for future
development in the South District, as long-range plans have all intended to do. Therefore, staff
does find that it is consistent with the Comprehensive Plan. In regards to the other criteria of
compatibility with the existing neighborhood, the proposed development is in a location that has
not yet been developed and is largely surrounded by an undeveloped area. The nearest
residential development is quite a ways away and again, a substation would be important for
future growth and development in the South District planning. The location is near existing
electric transmission lines and adjacent to the City's own public infrastructure, the Wastewater
Treatment Plant. Access to the site will be provided via Lehmann Avenue which would have to
be extended a short distance and would be a condition of this rezoning. Staff feels installing this
proposed substation would be compatible with the neighborhood and installing it prior to the
surrounding neighborhood development would be a good choice considering that those moving
to the area would already be aware of it when they choose to move to this area, rather than
locating it in an area with existing houses and development.
As far as next steps in the land development process, the zoning code amendment text is
currently working its way through the approval process. Per that amendment text a rezoning for
this use would need to go to the Board of Adjustment for a special exception, and then have a
site plan review conducted by staff.
Sitzman noted since the staff report was published a wetland delineation report has been
received and no wetlands were present in the subject property. Also, compliance with the City's
stormwater management ordinance will be determined when the staff review of site plan occurs
and any need to provide easements for stormwater or on-site detention would be addressed at
that point.
The applicant did not choose to hold a good neighbor meeting in this case but did reach out to
surrounding property owners. There was some correspondence received from surrounding
property owners and the response to that from the applicant which was shared with the
Commission at tonight’s meeting.
Based on a review of the relevant criteria, staff does recommend approval of the proposed
rezoning with three conditions.
1. The extension of Lehmann Avenue to access the eventual easement to the property.
2. Finalizing the outline of the location via an auditor's plat of survey.
3. Prior to site plan approval the owner demonstrating to the City that it has the vehicular
access to the subject property from that Lehmann Avenue extension, which may be in the
form of a temporary public access easement agreement, which shall be released upon
dedication of a right-of-way when the servient land is final platted. Such access shall be
in a location approved by the City Engineer and in a form provide the City Attorney's
office that would add that the easement may be limited to the purpose of using the land
for a basic utility use for so long as the land is used for that purpose. For that purpose, if it
Planning and Zoning Commission
May 4, 2022
Page 4 of 17
is sold to a public entity for another use allowed in the zone, then the purpose shall be for
public access.
Hensch asked about the environmentally sensitive areas and noted in the text of the report
there's a notation about possibly containing hydric soils, he asked if that was found not to be
true. Sitzman replied when there are hydric soils staff requests a wetland investigative study.
Staff had concerns but the delineation report came in and indicated there were no wetlands and
therefore no concerns for sensitive areas.
Craig asked if there any images of what this will look like when completed as these concerns
were raised in the correspondence about the wires. Sitzman replied that'd be a great question
for the applicant, she did have an exhibit in the agenda item for the conditional permit use and
brought that up for the Commission to see. The footprint is about the five acres, there would be
infrastructure in the middle of that pad site with the lines coming and going.
Signs asked if the subject property is in the City limits which Sitzman confirmed it is but noted the
one in the next application to the north is not. Signs asked where the south boundary of the
subject property is in relation to the 1000-foot buffer. Sitzman noted it's adjacent to the buffer as
the south border is basically the buffer line.
Hensch opened the public hearing.
Chris Pose (317 Sixth Avenue, suite 300, Des Moines) is the attorney on behalf of MidAmerican
Energy Company. He noted that MidAmerican has been looking for five years to find a substation
site in this area and many of the sites that they had looked at before, including the next item on
the agenda, were around the northerly part of Lehmann Avenue. They were only recently able to
find the site in the south side that is controlled by Mr. Gordon and their attorney Mr. Pugh of
Sycamore LLC and Lake Calvin. When the City let MidAmerican know about the plan for the
buffer park to buffer the sanitary sewer system or sewer treatment plant MidAmerican couldn't
get into the sanitary sewer treatment plant area because the soils that are down there are a little
less conducive to building a substation on it, so they're just on the edge of it and that's why this
particular location was chosen. MidAmerican agrees with the staff recommendation but may
need more explanation to the modification on item three of the staff recommendation, which is
the access easement. The original access easement in the staff recommendation was slated to
be public and MidAmerican had questions about that because this is a single use driveway and
just dead ends into the substation so there'd be no reason for the public to be there. Even if
MidAmerican agreed with that idea, they have to have the owners of the property say that that's
okay and they had some concerns. So MidAmerican can agree with the staff recommendation,
so long as they understand the last modification, and the owners who are here with their
attorney, also agree with that recommendation. With regard to the landscaping and Pleasant
Valley, MidAmerican has met with the owners about this and responded to their letter and told
them that they haven't developed a full landscaping plan for this site yet. But Pose reminded the
Commission from the P-1 ordinance they considered at the last meeting, MidAmerican will have
to go to the Board of Adjustment with this application and it's at that time that the landscaping
plan will be worked out and have also pledged in the email that they plan to work with that
landowner. The landowner is very knowledgeable in landscaping because she was in the
Planning and Zoning Commission
May 4, 2022
Page 5 of 17
landscape business and MidAmerican has a landscape architect who's also very knowledgeable,
so they will see what they can do that meets agreement with her. Pose would venture to say
they're going to meet and exceed whatever the City's S3 requirements are. He did acknowledge
there are some nuances in the landscaping plan that they'll work through with the neighbor such
as in the area where the transmission line comes in, because what these facilities do is they take
the power from the transmission lines and reduce it down to distribution level to send it out. So,
the area where the lines come into the substation, from the existing transmission line on the west
side, they don't necessarily want a lot of tall trees up there because the more they grow the more
they're going to interfere with those lines. In areas where they don't have lines, they can do a
little better with regard to the height of the trees, but on the west side they're going to have lower
trees and less screening because that's where the big lines will come into the substation. Pose
reiterated they will work with the landowner to the west and that will be meted out in front of the
Board of Adjustment for approval. At this time they need this zoning request so that they can
even ask the Board of Adjustment for approval.
Hensch noted so the minimum standard for screening would be S3 by the zoning code but
MidAmerican is willing to work with the neighbors and comply with whatever the Board of
Adjustment says. Pose confirmed that's correct, they will work with the neighbor prior to the
Board of Adjustment and try to reach agreement on the landscaping plan
Martin asked what the percentage of the land is that will occupy the substation and what's the
buffer between substation bits and border. Pose noted they don't put the fence to the property
line, they want enough buffer land that they can put the landscaping in but wouldn’t say an exact
percentage.
Sitzman showed an image of the layout of the substation that will be discussed in the next
agenda item and Pose noted this substation would be similar just rotated 90 degrees. He also
shared a preliminary landscaping plan. On the west side of the site, where the transmission line
taps will come in from the transmission line to the substation, they show lower trees and bushes
because if those grow up too high they can conflict with the taps. In other areas there will be
taller trees planted. Pose did note there is a debate in the landscape world of the taller the trees
that are planted, the quicker they are to die, whereas the smaller ones that grow up slow, tend to
survive better. However, the landscape people will work that issue out and come to agreement
before they go to the Board of Adjustment.
Craig asked how tall this thing is, the footprint is one thing but how tall is it and what will it look
like from afar. Pose noted it will be similar to the one at Prairie Du Chien and Foster Road. So
it's going to be tall, it needs to be for the four corners that will have lightning shields on it so that
if the substation is struck by lightning it can be absorbed through the four corners, and not in the
equipment. The equipment on the inside isn't overly high but the taps go in, and the four poles
around the corners, those are what give the mass to it on the site. Pose also noted they are
buying 4.7 acres of land and that is a significant piece of property to put this on. He also
reiterated they need this rezoning before they can go to the Board of Adjustment to ask for the
substation, and it is at that point where the issues of size, plans, etc. will be discussed.
Planning and Zoning Commission
May 4, 2022
Page 6 of 17
Pose also noted they need the easement to make this happen so he’d like Mike Pugh,
representing the landowner, to come up and speak about if he agrees with the amendment. One
of the contingencies in the purchase agreement between MidAmerican and Mr. Gordon (who’s
legal counsel is Mr. Pugh) is they want to be sure that the City is going to buy the buffer park to
the south and if they can't get that buffer park purchase worked out in a timely fashion then they
need a drainage easement into that area which the offsite drainage easement overland flow
edge will go right in the little drainage swale to the south. Mr. Pugh’s clients don't care about that
if the City is going to buy it but if the City isn't then MidAmerican will have to look at a plan B, the
other location to be discussed later. These are expensive facilities for a MidAmerican to produce
and they don't like to do them unless they have to and they try to be about every three miles.
Townsend asked if they’ve got 4.7 acres that they're purchasing for this, why isn't that maybe
centered more so that it's not on a property line. Pose replied the advantage of being on the
property line is because the transmission line is already there and if they move it away they have
to extend the transmission line over and would be taking up more usable land that the owners
have for possible development. And then to the east it is getting closer to the City's Greenbelt
Park. MidAmerican’s idea in crowding this to the west side of the property is because that's
where the transmission line is and the closer they are to the transmission line, the better.
Townsend acknowledged that makes sense but still has a problem with the one on Foster Road
and there's also one on North Dodge, both which are right next to houses. Pose noted he is not
familiar with the North Dodge one but the Foster Road one is an interesting story because
MidAmerican owned the land that was across the street on Prairie Du Chien and originally talked
to the City about putting a substation there and City staff said no but that they had just zoned that
land on Foster Road to commercial and a substation would be allowed in commercial zoning.
MidAmerican had to buy the house that was right next door from a family and remove the house,
but they got in before all the construction happened with the other development on Foster Road.
MidAmerican has found all over the City that when they put these things in it doesn't hinder the
development at all, they develop around it. That one is new so the landscaping isn’t as
established at Foster Road yet, but over time it's going to be fully development and be part of the
landscape.
Mike Pugh (425 E Oakdale Blvd, Coralville, IA) is the attorney representing the landowner, which
is Lake Calvin Properties, LLC, and Sycamore Apartments which are affiliated entities. Pugh
wanted to talk specifically about the access easement area. First, the way that flagpole lot is
considered the lane access from Lehmann Avenue, they plan to convey to Mr. Pose’s client the
square portion of that property and the easement area along that lane will be an easement, they
are not going to convey that property to his client, they are going to grant an easement to them
for use for access ingress and egress for their site. The easement being proposed is going to be
temporary, it's going to be for a limited duration, not with a specific ending date in mind. But at
such time that the rest of that property is developed, the area to the north of this site, once that's
developed, the developer will provide public streets to the MidAmerican site and that easement
area then terminates, and access is provided to their site by virtue of a public right-of-way that's
dedicated to the City and no longer owned by the property owner. Pugh stated the reason that's
important is because they anticipate that when they go to develop that site, one of the things
Planning and Zoning Commission
May 4, 2022
Page 7 of 17
that's going to be chief on the staff’s mind at that time is that they provide connectivity to the
property owners to the west in terms of a street grid pattern. Therefore, they didn't want to get
into a situation they were selling property to MidAmerican along the westerly boundary line,
which essentially would prohibit connectivity. This way the idea is that when they go to develop
and provide streets, that easement goes away, and they will provide connectivity through public
right-of-way to the property to the west. The other important thing to remember is it is going to be
an easement, it's not going to be an outright conveyance and that's important to his client
because they're still going to own the ground and still going to own that property. They are just
going to grant access ingress and egress rights to MidAmerican so they can have access to that
site. The third thing is the issue they have with the staff’s recommendation that it's been
recommended that the access easement be public. That's a concern to them because as a
private property owner, it's problematic for them to have the public traversing in and out of their
property. If there happens to be an accident on that property, they're going to get sued as a
property owner, as the fee title owner to that property. As property owners they are not
comfortable with that and there's really no need for the public to have access to the site if
MidAmerican is using it for the purpose that they intend. Pugh did have a conversation with Ms.
Hektoen earlier this afternoon and the more they talked he understood further what the City's
concern was with putting the label public on that access easement, which is if the square part is
zoned public it could potentially be used for other public purposes. In the event of the remote
chance that MidAmerican doesn’t buy this property and it's left not developed and that property
gets sold to another municipality, the City or the County for parks or whatever the case may be,
the City would want to make sure that they had access to the site, just like MidAmerican is going
to have access to the site. Pugh states the way that they can address that is to put that in the
access easement agreement, the right to assign the rights to that easement agreement to a
future owner if the future owner is a municipality or is going to be using that square piece for a
public purpose, other than what MidAmerican intends to use it for. Again, in the very remote
instance of if that square piece is used by the City for a park that there would be access to the
site for that purpose and that can be handled by addressing that in the assignability provisions of
the easement itself. So in reference to the staff recommendations, Pugh does have issue
because it still says temporary public access easement and he thinks it just should be a
temporary access easement with the idea that they will provide for assignability of that easement
if there is another user that uses that site for a public purpose, i.e. probably the County or the
City.
Martin asked is it possible once MidAmerican builds all of that, what’s the likelihood of it going
away. Pugh can't speak for MidAmerican but would say not very likely. Martin likes what Pugh
said about the easement. assignability. She also noted obviously there's a pie in the sky concept
plan happening in the background of what would happen on the rest of development and
wondered how they take into account the safety issues of houses being built next to something
like this substation. Are there any standards of how far away they have to be and what is the
connectivity between homes that go solar and this substation, can they live together in harmony.
Pugh noted he would let Mr. Pose answer that last question because he doesn’t know how that
works with solar power and MidAmerican, but wanted to assure her that as the neighboring
property owner they have the equal concern about screening and lighting and all those other
Planning and Zoning Commission
May 4, 2022
Page 8 of 17
things, but MidAmerican really undergoes a large effort to fence their properties, screen their
property, and have really a vested interest in keeping people out of that area. That's something if
they ever come before this group for final plat of development of the area one thing they will
need to do is provide access to that site with a public street. It's in the Comprehensive Plan for a
grid pattern street system and so there will be streets to it, but they need to have a sensible
development if they're going to put residential around there that's going to be saleable to the
public.
Martin asked if Mr. Pugh has ever walked by a gigantic power line or walked underneath one.
She noted there is such a buzz, it literally will make people dizzy, but has no idea about the
safety of that. Obviously, there's a ton of houses over there, but that's more of what she is
thinking of in terms of safety, not just the fencing. Pugh will let MidAmerican address that issue
and specific questions of how the wires and lines will be laid out.
Hektoen wanted to clarify the public aspect of that that third recommendation being stricken, it
does also say in a form agreeable to the City Attorney's office so there's going to be some
massaging. But the idea is, as long as it's being used by MidAmerican, it would just be for basic
utility purposes. If for any reason, this deal falls apart and it's used for a more traditional public
use, then it would be a public easement.
Pose noted based on what Hektoen just said, if they take the staff’s recommendation and strike
out the word public from the access easement in item three he is confident that they can work
with that and would agree in full then with the staff recommendation. Mr. Pugh is indicating he
would too, and they will solve this as lawyers, the assignability provisions between Mr. Pugh,
himself, and the City Attorney's office. To answer the questions about solar power, he doesn’t
know for sure how MidAmerican handles solar power, but all of the houses that get built would
have to have an electric distribution connection to them, if they decided to go solar, they might
still want the electric distribution in case it's really cloudy for a week. He doesn’t know how this all
works, but it may reduce their house consumption. If they want solar they'd have to work with the
City on how much solar they can put on their house and work through the zoning regulations for
residential to do that. The people that want solar just wouldn't use as much MidAmerican power.
If someone is using solar then their either reducing their consumption of power that comes into
the house. Pose also addressed the buzzing from power lines noting there are two intensities of
power lines, the higher intensity runs along interstates and then as the lines come into cities and
populated areas they are reduced in intensity. MidAmerican spends a lot of time, energy and
education making sure that it's safe and don't want people playing around in it.
Steve Gordon (4078 Buckingham Lane) is here representing the landowner and has been
working with MidAmerican for quite a while on this as they will be an adjacent landowner. They
looked at their other facilities, looked at the landscape plan, looked at pictures of ones they've
built before and are comfortable and in favor of doing this. They have a purchase agreement
signed and are comfortable with how this will lay out on the site. The fact that it's also right next
to the 1000-foot buffer to the sewer treatment plant was part of this how all this got put together
and makes it the ideal location. There will be development on several sides of it, but on the
south there should not be with that buffer there. Creating the easement will create connectivity.
Planning and Zoning Commission
May 4, 2022
Page 9 of 17
Gordon has met with City staff several times and connectivity is important with the new South
District Plan and this was a solution to make sure everything will connect and keep the spirit of
the South District Plan that's recently been adopted.
Hensch closed the public hearing.
Signs moved recommends approval of REZ22-0005, an application to rezone
approximately 4.7 acres of land south of Lehman Ave and west of the Sycamore
Greenway to the Neighborhood Public (P-1) zone, subject to the following conditions:
1. The extension of Lehmann Avenue to access the eventual easement to the property.
2. Finalizing the outline of the location via an auditor's plat of survey.
3. Prior to site plan approval the owner demonstrating to the City that it has the vehicular
access to the subject property from that Lehmann Avenue extension, which may be in
the form of a temporary public access easement agreement, which shall be released
upon dedication of a right-of-way when the servient land is final platted. Such access
shall be in a location approved by the City Engineer and in a form provide the City
Attorney's office that would add that the easement may be limited to the purpose of
using the land for a basic utility use for so long as the land is used for that purpose.
For that purpose, if it is sold to a public entity for another use allowed in the zone,
then the purpose shall be for public access.
With the amendment of striking the word public out of the staff recommendation third
condition.
Townsend seconded the motion.
Hensch agrees with Mr. Gordon as this is an ideal location being close to the sewer plant is
tough. He also really likes the idea that this is getting located first, and then housing can grow
around it and that way everybody is completely purposeful about where they're building and
where they’re choosing to live. He originally had a lot of concerns about the flagpole and the
easement, but then hearing how that's going to be temporary, and then there'll be a right-of-way
from future development he feels very comfortable with that also.
Signs is not terribly concerned about the appearance and thinks MidAmerican does a really good
job of keeping these things clean, partly because they don't want any weeds and trees growing
up in their in their infrastructure. All the sites he’s seen are pretty well maintained and in the
scheme of things in this area, that's probably one of the best places for it.
Craig agrees with those things and will support this as it's important infrastructure. She just would
have liked to see some images of what it will look like.
Padron is also in favor of this. Regarding the letter, she is happy that they're going to try to work
with the neighbor on landscaping but does understand that some of the requests in the letter
come from an ignorant place of not knowing what will work or what won't work.
Planning and Zoning Commission
May 4, 2022
Page 10 of 17
A vote was taken and the motion passed 6-0.
CASE NO. CREZ21-0004:
Location: North of Kountry Ln and west of Sycamore Greenway, Unincorporated Johnson County
An application for a conditional use permit to allow an electrical substation on approximately
5.82-acres of land zoned County Residential (R) in unincorporated Johnson County within the
City’s growth area.
Sitzman began the staff report showing a layout of the proposed location, nothing this will be
located in the County but this is before the Commission tonight because of the County's
ordinances that require it to come to the City when they have received a conditional use permit.
The property is located in a fringe area growth area so the City does have interest in what occurs
here and appreciates the County giving the City the opportunity to providing comment. As far as
zoning, it is zoned County Residential to the east, north and west but it is abutting City land to
the south which is zoned RM-12. The proposed substation is intended to provide electricity
distribution service to Iowa City South, Central and Downtown Planning Districts so it would
serve the vicinity. As far as the current and future land uses, it's somewhat of a mix of County
undeveloped land and City developed land. It would be in the City’s expected future expansion of
the City, so eventual annexation into the City and developed. It is envisioned to be in the South
District and developed under the new form-based code standards of the neighborhood transect
that was developed as part of the form-based code. As far as the analysis of its situation, the
staff report does go over the proximity to the City's Greenway, which is a greenway park space to
the east, as well as the existing multifamily development. The transmission lines would
completely encircle that residential development. There would be a proposed driveway access to
the substation and Sitzman pointed out on an image how that long driveway access would be
rotated 90 degrees from what was shown in the previous application. The proposed access
would run parallel to a Kountry Ln, which is a private street and would not be a typical street
network alignment that the City would generally approve of and the proposed layout would make
it difficult to integrate eventually into the future South District vision. Sitzman shared an exhibit
showing the transmission lines going to and from the site. The City has been working with the
applicant on a site that the City would consider favorable however, staff doesn't believe this one
would be a favorable site for such development.
As far as next steps, as mentioned this is a County application so the Commission
recommendation goes on to City Council and they eventually recommend to the County Board of
Supervisors. The City would have the ability to look at the site plan if it were to proceed through
the County's process because the fringe area agreement states the City will review sites larger
than two acres, but any other approvals would be through Johnson County.
Staff recommends denial of an application submitted by MidAmerican Energy Company for a
County conditional use permit to allow for an electrical substation located north of Kountry Ln
and west of the Sycamore Greenway in unincorporated Johnson County.
Prepared by: Emani Brinkman,Planning Intern 410 E.Washington Street, Iowa City,IA 52240(REZ22-0005)
Ordinance No.
An ordinance conditionally rezoning approximately 4.7 acres of property
located south of Lehman Ave & west of the Sycamore Greenway, from
Interim Development — Multi Family Residential (ID-RM) to
Neighborhood Public (P-1). (REZ22-0005)
Whereas, MidAmerican Energy Company, has requested a rezoning of property located south
of Lehman Ave & west of the Sycamore Greenway, from Interim Development — Multi Family
Residential (ID-RM)to Neighborhood Public (P-1); and
Whereas, the Comprehensive Plan encourages growth and infrastructure that guide
development; and
Whereas, there is a public need to provide for adequate access to the site through the
extension of Lehman Avenue and establishment of an access easement; and
Whereas, there is a public need to require an Auditor's Plat of Survey to avoid a parcel with
more than one zoning designation; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the extension of Lehman Avenue to the access point of the substation,
demonstration to the City that it has vehicular access to the subject property from Lehman
Avenue, and required submission of an Auditor's Plat of Survey to align with the rezoning
boundaries, the requested zoning is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the owners, Lake Calvin Properties, LLC & Sycamore Apartments, and applicant
have agreed that the property shall be developed in accordance with the terms and conditions of
the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area
of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Neighborhood Public(P-1):
A parcel of land in the NE 1/4, SE 1/4 and the SE 1/4, SE 1/4 of Section 26, T-79N,
R-6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, more particularly
described as follows:
The West 455.0 feet of the North 375.0 feet of Auditor's Parcel #2003131 as
recorded in Book 46, Page 244 of the Johnson County Recorders office.
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Ordinance No.
Page 2
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and any
agreements or other documentation authorized and required by the Conditional Zoning
Agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at
the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication in accordance with Iowa Code Chapter 380.
Passed and approved this day of , 20_.
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
(Sara Greenwood Hektoen - 06/02/2022)
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 6/6/2022
Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague
Thomas, Weiner. NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published
Prepared by:Emani Brinkman,Planning Intern,410 E.Washington,Iowa City,IA 52240(REZ22-0005)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), Lake Calvin Properties, LLC & Sycamore, L.L.C. (hereinafter referred to collectively as
"Owner"), and MidAmerican Energy Company(hereinafter referred to as"Applicant").
Whereas, Owner is the legal title holder of approximately 4.7 acres of property located
south of Lehman avenue and west of the Sycamore Greenway, legally described below; and
Whereas, the Applicant has requested the rezoning of said property from Interim
Development Multi-Family (ID-RM) to Neighborhood Public (P-1)zone; and
Whereas, the Comprehensive Plan includes goals and policies that encourages
infrastructure that will support compact development with a mix of housing types and
neighborhoods; and
Whereas, the proposed rezoning provides for the opportunity to develop a critical piece
of infrastructure that paves the way for future growth in the currently undeveloped area; and
Whereas, this rezoning creates public needs for adequate access to the site through the
extension of Lehman Avenue and establishment of an access easement and necessitates an
Auditor's Plat of Survey to avoid a parcel with more than one zoning designation; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding extension of Lehman Avenue, vehicular access to the subject property,
and an Auditor's Plat of Survey to align with the rezoning boundaries, said rezoning is
consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2021) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner and Applicant agree to develop this property in accordance with the
terms and conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Lake Calvin Properties, LLC & Sycamore L.L.C. are the collective legal title holders of
the property legally described as:
A parcel of land in the NE 1/4, SE 1/4 and the SE 1/4, SE 1/4 of Section 26, T-79N, R-
6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, more particularly described
as follows:
The West 455.0 feet of the North 375.0 feet of Auditor's Parcel#2003 131 as recorded in
Book 46, Page 244 of the Johnson County Recorder's office.
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
1
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2021) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, to satisfy public
needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the Zoning
Code, as well as the following conditions:
a. Prior to site plan approval:
i. Owner shall cause Lehman Avenue to be extended through any access point
established for the subject property with chip seal materials, subject to
approval of the construction plans by the City Engineer;
ii. Owner shall have prepared, approved by the City, and recorded an Auditor's
Plat of Survey to align with the rezoning boundaries; and
N. Owner shall demonstrate to the City that there is vehicular access to the
subject property from Lehman Avenue in a location approved by the City
Engineer. This access shall be in the form of a temporary easement
agreement to be released upon dedication of right-of-way when the servient
land is final platted, in a form approved by the City Attorney's Office.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2021), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the
land and title to the land, and shall remain in full force and effect as a covenant with title
to the land, unless or until released by the City of Iowa City. Once a building permit is
issued, the conditions shall be deemed satisfied, and no further release of this
agreement will be provided. The parties further acknowledge that this agreement shall
inure to the benefit of and bind all successors, representatives, and assigns of the
parties. In the event the subject property is transferred, sold, redeveloped, or subdivided,
all development will conform with the terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner
from complying with all other applicable local, state, and federal regulations.
7. This Conditional Zoning Agreement shall be incorporated by reference into the
ordinance rezoning the subject property, and that upon adoption and publication of the
ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at
the Applicant's expense.
Dated this day of , 20_
2
City of Iowa City
Bruce Teague, Mayor
Attest: Approved by:
G` 9-- at)
Kellie Fruehling, City Clerk City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa ) _
) ss:
Johnson County )
This instrument was acknowledged before me on , 20_ by Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
OWNER
Lake Calvin Properties, LLC
" .---:e...----7-C:=-
By:
Lake Calvin Properties, LLC Acknowledgement:
State of IDIUA
County of J 0 Any#fv"
This record was acknowledged before me on Sbs►1C b , 2022 by
5•eve(Pa rd 0-v7 (name) as WM•APry/dent;(title) of Lake Calvin«t: Properties, LLC.
0 AM Marks , Mc /yan��e* r ,_/t
Notary Public in and for the State of Iowa `(`,f)
a,, MICHAEL J.PUGH
? Commission Number 175282 Stamp or Seal
Nly commission Expires ( )
n. August 4, 2024
My commission expires:
3
Sycamore, L.L.C.
By: /
Sycamore, L.L.C.Acknowledgement:
State of I°WA
County oho h n6an
This record was acknowledged before me g9n J Gt G 1O , 2022 by /)
5#tvt 619 (name) as Vice -Pi ldoins title) of S amore, L.L.C. rte_ �/� A
of Ano Mt nggintint, nc • , 1�s�syG !/a'.[(V,1
MICHAEL J.PUGH Notary Public in and for the State of Iowa
2 F Cortvnicsbn Number 175282
My Commission Expires (Stamp or Seal)
°W. August 4,2024
• My commission expires:
APPLICANT:
MidAmerican Energy Company
BY:
M E, `tVcE k�ResIDFtJ1
&E4Etulte CouWset—
MidAmerican Energy Company Acknowledgement:
State of rS OWA
County of YO}.
This record was acknowledged before me on U,wlf/ 6 , 2022 by
k0 WE (name) as V174 a • Ga) ' title) of MidAmer can Energy Company.
Notary Public in and for t e tate of Iowa
(Stamp or Seal)
My commission expires: ii ' Z—2
PAMELA S HILSABECK
(•`J Commission Number 807 333
My Com ZSi� P
4
Item Number: 9.b.
J une 6, 2022
O rd inan ce amen d ing Titl e 14, Z onin g Cod e, Title 15, Su b d ivision Code, and
Titl e 18, Site Pl an Review, of th e Iowa City Code to cl arify requiremen ts and
ensure comp l ian ce with ch anges to state law. (R E Z 22-0004)
AT TAC HM E NT S :
Description
P&Z S taff Report P acket 04-20-2022
P&Z Minutes 04-20-2022
Ordinance
Date: April 20, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner, Neighborhood & Development Services
Re: Zoning Code Amendment (REZ22-0004) related to code clean-up items
Introduction
The Iowa City Zoning Code (Title 14) and Subdivision Code (Title 15) are subject to alteration and
clarification as situations and circumstances change throughout the City. The proposed ordinance
(Attachment 1) addresses many issues that have come to light with various aspects of code
language and how the code is applied. This code clean-up amendment serves to align the code
with State law, to clarify language and expectations throughout the code, and to update standards.
Background
Staff maintains a list of amendments that need to be made to the Zoning and Subdivision Codes
based on discussions between City staff. The amendments proposed in this memo are mostly
minor and provide clarification to those who depend on this document to make and understand
important City-wide decisions. In cases where the proposed amendments are more substantive,
they are responding to changes in State law.
Proposed Amendments
The proposed code amendments and reasoning for each is detailed below.
1) Add Pedestrian Circulation Requirement for Redevelopment (14-2A-6 and 18-3-2F)
Summary of Change: The proposed amendment would add a provision regarding
pedestrian circulation to the single-family site development standards and the site plan
review design standards. This would allow the City to require the construction of sidewalks
in abutting public rights-of-way where it will improve connectivity in the sidewalk network.
Justification: Currently, infill and redevelopment projects are not always required to add
sidewalks where they do not already exist, except in certain situations such as through
Conditional Zoning Agreements. The proposed amendment allows the City to expand the
sidewalk network in such a way as to improve pedestrian connectivity. It is incorporated
into the single-family site development standards (Section 14-2A-6) to ensure it applies to
single-family and duplex properties and the site plan standards (Title 18) to ensure it
applies to multi-family and commercial properties. However, requiring a sidewalk in some
areas that were developed without a sidewalk network would not improve connectivity. In
those cases, the City could choose not to require the construction of sidewalks.
April 20, 2022
Page 2
2) Clarify Historic Preservation Exception Applicability (14-2A-7B, 14-2B-8A, and 14-
2C-11A)
Summary of Change: The code allows the Board of Adjustment to grant a special
exception to waive or modify dimensional or site development standards or approval
criteria in residential and commercial zones that would the prevent use or occupancy of a
property designated as an Iowa City landmark or registered in the National Register of
Historic Places. The proposed amendment would clarify that this includes properties
located in a Local Historic District.
Justification: Staff recommends the proposed amendment to clarify that properties in a
Historic District Overlay (OHD) zone will be regulated consistently with properties
individually zoned as Historic Landmarks for the purposes of qualifying for the flexibility
offered by this special exception.
3) Clarify Form-Based Code Design Review Only Applies in Riverfront Crossings (14-
3C-2A and 14-3C-3)
Summary of Change: The Design Review section that applies within Riverfront Crossings
currently uses the term “Form Based Code Districts”. The proposed amendment would
clarify that this provision is intended only for use within Riverfront Crossings zones.
Justification: Riverfront Crossings was the first use of form-based standards in Iowa City.
Due to the scale of buildings allowed in the district, design review was required for
construction or alteration of buildings. In October 2021, the City adopted additional form-
based standards for development in greenfield sites, starting with the South District. The
standards for these Form-Based Zones are administered through building permit and/or
site plan review, not design review. As such, staff recommends clarifying that design
review for form-based codes only applies to the Riverfront Crossings District.
4) Align Variance Approval Criteria with State Law (14-4B-2A)
Summary of Change: The code provides five approval criteria that must be met for the
Board of Adjustment to grant a variance, but these criteria do not align with the State law
that empowers Cities to grant variances. The proposed amendment revises the approval
criteria to align with the findings required by State Code and Iowa courts to grant a
variance.
Justification: The revised approval criteria in the proposed amendment will clarify for the
Board, staff, and applicants what criteria must be met for the City to grant a variance.
5) Clarify Utility-Scale Ground-Mounted Solar Energy Systems Buffer (14-4B-4D-18a)
Summary of Change: Utility-Scale Ground-Mounted Solar Energy Systems are allowed
provisionally or by special exception in a range of non-residential zones. One of the
approval criteria is that any utility-scale ground-mounted solar energy systems must be at
least 200 feet from any residential zone. The proposed amendment clarifies that the 200
feet is measured from the property line for the property zoned residential.
Justification: The proposed amendment adds clarity as to how to measure the 200-foot
buffer, which staff has questioned in the past.
April 20, 2022
Page 3
6) Clarify Standards for Bicycle Parking Spaces (14-5A-5K)
Summary of Change: The Zoning Code requires bicycle parking but has limited
information on the size and location of bicycle parking spaces. The proposed amendment
incorporates the following additional standards to ensure appropriate bicycle parking:
• 1.5-foot by 6-foot minimum parking space size requirement;
• A minimum access aisle width of 4 feet;
• Installation of bicycle parking racks at least 2 feet from any curb, pavement edge,
parking space, drive, walkway, or obstruction; and
• Specifying that bicycle parking facilities must be in a visible location.
Justification: It is currently challenging for staff to review site plans for bicycle parking,
especially in large multi-family buildings. The proposed amendment mirrors standards
from the “Essentials of Bike Parking” (2015) by the Association of Pedestrian and Bicycle
Professionals to establish standards for the size of bicyc le parking spaces and aisles, for
the distance of bicycle parking racks from obstructions, and for the need for visibility.
7) Remove Special Provisions for Privately-Owned Signs in Public Places (14-5B-10)
Summary of Change: Staff proposes deleting the two existing special provisions regarding
privately-owned signs in public places.
Justification: One special provision is redundant by cross-referencing the regulation of
signs associated with parades and other similar uses. The other gives the City Manager
authority to allow signs in public places, which may violate the State Code requirements
for conveying an interest in public property for private use.
8) Clarify Definition for Family (14-9A-1)
Summary of Change: Family is currently defined as one person or two or more persons
related by blood, marriage, adoption or placement by a governmental or social service
agency, occupying a dwelling unit as a single housekeeping organization. It also includes
up to two persons not related by blood, marriage or adoption or up 8 persons with verifiable
disabilities who are occupying a dwelling unit as a single housekeeping organization. The
proposed amendment would replace this definition with one or more persons that meet
the definition of household in the Zoning Code.
Justification: On January 1, 2018, a law limiting the ability of cities to set occupancy
restrictions for residential rental property based upon the existence of familial or non-
familial relationships between occupants went into effect (codified at Section 414.1(1)(b)
of the Iowa Code). Prior to that, the City limited occupancy through its definition of family.
Following the change in State law, the City has effectively utilized family and household
synonymously. This proposed change codifies the interpretation that has been utilized
since the State Code change and helps to further the City’s fair housing goals by
accounting for a wider variety of household arrangements.
9) Clarify Definition for Tree (14-9A-1)
Summary of Change: Small trees are defined as generally attaining a height at maturity of
up to 50 feet while large trees are defined as generally attaining a height at maturity greater
than 40 feet. The proposed amendment redefines small trees as having a height up to 30
feet and large trees as having a height over 30 feet.
April 20, 2022
Page 4
Justification: There are currently overlapping heights in the code’s definition for small and
large trees. The proposed amendment clarifies that a small tree be considered as having
a height up to 30 feet, as recommended by the City’s Parks and Forestry Division , with a
large tree being taller than that. This will have a small impact on the number of trees
required by the City’s landscaping standards where the standard varies by the size of tree.
10) Align Standards for Short-Term Rentals with State Law (14-4A, 14-4B-1A-13, 14-4C-
2D, 14-4C-2E, and 14-9A-1)
Summary of Change: The Zoning Code includes several definitions and requirements
relating to residential units being rented for periods of 30 days or less, which conflicts with
recent changes to State Code (codified at Section 414.1(1)(e)). The proposed amendment
would make the following changes to ensure the Zoning Code is aligned with State law:
Existing Code Proposed Change
Residential uses are described as typically
having tenancy on a yearly basis, but at
least on a month-to-month basis. Where
tenancy shorter than one month, it is
considered hospitality-oriented retail (if
commercial) or a community service –
shelter use (if of a public, nonprofit, or
charitable nature).
The amendment removes references to
length of tenancy for residential,
commercial, and institutional use
categories.
The code has two types of accessory uses
whereby guests may stay up to 14 days in
an owner-occupied, single-family dwelling:
bed and breakfast homestays and bed and
breakfast inns. They are differentiated by
the number of guests allowed.
The amendment combines these two
definitions into a single bed and breakfast
accessory use category and changes the
definition to allow any number of guests in
conjunction with any residential use for up
to 30 days.
The code includes the following criteria for
bed and breakfast homestays and inns,
some of which are no longer enforceable:
1. The principal use must be owner
occupied detached single-family.
2. Homestays may provide no more than 3
and inns may provide no more than 4
bedrooms to guests for up to 14 days.
3. Homestays must provide at least 2 and
inns must provide at least 3 off-street
parking spaces in addition to the parking
required for the dwelling.
4. Nonresident employees are prohibited,
except by minor modification.
5. The number of permitted bedrooms for a
bed and breakfast homestay or inn is
reduced by the number of rooming units
for any permanent roomers.
6. Fire protection equipment must be
installed/maintained according to the
adopted international residential code.
7. Identifying signage is limited to one
nonilluminated sign of 2 square feet.
The proposed amendment reduces the
specific approval criteria for bed and
breakfasts to only those criteria that are
allowed through State law:
1. The principal use can be provided in
conjunction with any residential use.
2. Guests may stay for up to 30
consecutive days.
3. Every 2 years, the operator must obtain
a housing inspection to protect public
health and safety related to fire and
building safety and sanitation.
April 20, 2022
Page 5
8. Every 2 years, the operator must obtain
a rental permit.
Bed and breakfast inns were also required
to receive a special exception.
Justification: In 2020, the State of Iowa adopted legislation to restrict the ability of cities to
regulate properties managed as short-term rentals, which basically includes any dwelling
that “is offered for a fee for thirty days or less.” As a result, the City can only regulate such
uses using a few exceptions included in State Code but must otherwise treat a short-term
rental similarly to any other residential use. Because of the broad language used in the
law, the City needs to change its current standards for bed and breakfast uses and
definitions that utilize length of occupancy as a method of determining use.
The proposed changes would generally allow existing bed and breakfast uses to continue
as an accessory use, though the number of standards that apply would be reduced. The
changes reflect how staff has been treating these uses since 2020. If there are other short-
term rentals that are not accessory to another use allowed in the zone, its classification
would depend on how the short-term rental was structured. For example, if a single-family
home is rented to a single housekeeping unit, it would be classified as a single-family use.
However, if the same unit has individual bedrooms being rented to individuals that will not
function as a single housekeeping unit, it would be considered an independent group living
use. As a result, the structure and operation of any given short-term rental unit will be
important in determining in which zones it would be allowed.
The proposed amendment is a “least change” approach. It does not create nonconforming
uses and ensures compliance with State Code by treating short-term rentals similarly to
other residential uses in Iowa City. However, it would make the creation of new bed and
breakfasts easier than in the past as requirements for additional parking, owner
occupancy, and restrictions on the number of guests no longer apply. Alternative
approaches could include making all bed and breakfasts uses non-conforming, which
would prevent the creation of new accessory short-term rentals.
11) Clarify Boundary Line Adjustment Standards (15-1-3 and 15-1-4)
Summary of Change: City Code defines a boundary line adjustment as a reconfiguration
of less than 1,000 square feet between abutting tracts, lots, or parcels. However, there is
no definition for a reconfiguration of 1,000 or more square feet. The proposed amendment
redefines the current boundary line adjustment process as “minor” and creates a new
definition for a major boundary line adjustment of 1,000 or more square feet. It also codifies
a new administrative review process for major boundary line adjustments that is consistent
with how such requests are handled today.
Justification: Currently, the Subdivision Code has a gap in how to process boundary line
adjustments that are 1,000 square feet or greater. Typically, the City requires an
application, which it does not for smaller conveyances, and reviews it to ensure Zoning
and Subdivision standards are met. The proposed amendment codifies this process by
differentiating between a minor and major boundary line adjustment and specifying what
is required as part of such a request. Because these standards are located in Title 15 Land
Subdivisions, the Planning and Zoning Commission does not actually need to make a
recommendation regarding this change. However, it is included for informational
purposes.
April 20, 2022
Page 6
Next Steps
Pending recommendation of approval from the Planning and Zoning Commission, the City Council
must hold a public hearing to consider the proposed text amendments.
Staff Recommendation
Staff recommends that the Zoning Code be amended as illustrated in Attachment 1 to address
numerous code clean up items.
Attachments
1. Proposed Zoning Code Text Amendments
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
Attachment 1
Page 1
Draft Zoning Code Text
Underlined text is suggested new language. Strike-through notation indicates language to be
deleted.
Amend 14-2A-6 as follows:
D. Pedestrian Circulation: Where no sidewalk exists, sidewalks shall be
constructed in the abutting public right-of-way according to the standards at 15-3-
3. The Director of Neighborhood and Development Services may exempt a property
from this requirement where a finding is made that such a sidewalk is unlikely to
connect to future pedestrian routes.
Amend 14-2A-7B as follows:
1. The Bboard of Aadjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this article or in chapter 5 of this title
or any approval criteria listed in chapter 4, article B of this title that would prevent use or
occupancy of a property located in a Historic District Overlay (OHD) designated as an
Iowa City landmark or registered on the national register of historic places. In addition to
the general special exception approval criteria set forth in chapter 4, article B of this title,
the following approval criteria must be met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) designated as an Iowa City landmark or
registered on the national register of historic places to be adapted and reused as a
community service use, specialized educational facility, or hospitality oriented retail use.
In addition to the general special exception approval criteria listed in chapter 4, article B
of this title, the applicant must also meet the following criteria in order for the Bboard to
grant this exception:
a. The exception is necessary to preserve the historic, aesthetic, or cultural
attributes of the property.
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-2B-8A as follows:
1. The Bboard of Aadjustment may grant a special exception to waive or modify any
dimensional or site development standards listed in this article or in chapter 5 of this title
or any approval criteria listed in chapter 4, article B of this title that would prevent use or
occupancy of a property located in a Historic District Overlay (OHD) designated as an
Iowa City landmark or registered on the national register of historic places. In addition to
the general special exception approval criteria set forth in chapter 4, article B of this title,
the following approval criteria must be met:
a. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) designated as an Iowa City landmark or
registered on the national register of historic places to be adapted and reused as a
Attachment 1
Page 2
community service use, specialized educational facility, or hospitality oriented retail use.
In addition to the general special exception approval criteria listed in chapter 4, article B
of this title, the applicant must also meet the following criteria in order for the Bboard to
grant this exception:
a. The exception will help preserve the historic, aesthetic, or cultural attributes of
the property;
b. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-2C-11 as follows:
A. Historic Preservation Exception: The Bboard of Aadjustment may grant a special
exception to waive or modify any dimensional or site development standards listed in this
article or in chapter 5 of this title or any approval criteria listed in chapter 4, article B of this
title that would prevent use or occupancy of a property located in a Historic District
Overlay (OHD) designated as an Iowa City landmark or registered on the National
Register of Historic Places. In addition to the general special exception approval criteria
set forth in chapter 4, article B of this title, the following approval criteria must be met:
1. The modification or waiver will help preserve the historic, aesthetic, or cultural
attributes of the property.
2. The applicant must obtain a certificate of appropriateness from the Hhistoric
Ppreservation Ccommission.
Amend 14-3C-2A as follows:
7. Design Review For Riverfront Crossings Form Based Code Districts: Any
exterior alterations to, additions to, or new construction of buildings and structures, or
alterations or additions to site development, including, but not limited to, parking areas,
landscaping, screening, lighting, and access on property zoned to a the Riverfront
Crossings Form Based Code designation shall be subject to design review as specified
in subsection 14-2G-1D, "Design Review", of this title.
Amend 14-3C-3A-1a as follows:
(8) Design review for Riverfront Crossings Form Based Code Districts.
Amend 14-3C-3A-1b as follows:
b. Applications for level I review will be reviewed and approved, modified, or
disapproved by the staff Design Review Committee or, in the case of Riverfront
Crossings Form Based Code Districts, by the Form Based Code Committee, in
accordance with chapter 8, article B, "Administrative Approval Procedures", of this title.
Amend 14-3C-3B as follows:
8. Riverfront Crossings Form Based Code District Design Review: Riverfront
Crossings Form Based Code District design review according to subsection 14-2G-1D
of this title.
Amend 14-4A-3 as follows:
A. Household Living Uses:
1. Characteristics: The residential occupancy of a dwelling unit by a single household
or group household, who are living together as a single housekeeping unit. Th e principal
Attachment 1
Page 3
use of the property is for long term residential living, with each dwelling unit containing its
own facilities for living, sleeping, cooking and eating meals, and with all spaces within the
unit open to the entire household. The dwelling or dwelling units are designed for
residential living and any accessory use shall be secondary to the use of the property as
a residence. Tenancy is typically arranged on a yearly basis, but at least on a month-
to-month basis.
…
3. Accessory Uses: Private recreational uses; storage buildings; parking for residents'
vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and
breakfast facilities are accessory uses that are subject to additional regulations outlined
in article C, "Accessory Uses And Buildings", of this chapter. Any accessory use of the
property shall remain secondary to the principal use of the property for residential living.
4. Exceptions:
…
e. Uses such as hotels, motels, and guest houses, which by definition may
arrange tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as hospitality-oriented
retail.
f. Transient housing, which by definition arranges tenancy for periods shorter
than one month, is not considered residential. It is considered a form of temporary lodging
or shelter and is classified as community service - shelter.
…
B. Group Living Uses:
1. Characteristics: Group living uses are characterized by the residential occupancy
of a dwelling by a group of people (roomers) who do not meet the definition of a
"household" or "group household". Tenancy is arranged on a month-to-month basis,
or for a longer period. Group living structures contain individual, private rooming units
that are not open to all the residents of the dwelling. Rooming units contain private space
for living and sleeping, but not for cooking. Bathroom facilities may be private or shared.
There may also be shared kitchen and dining facilities and shared common rooms and
amenities for all residents. The rooming units are furnished with locks through which one
member of the group may prevent other members of the group from entering his/her
private rooming unit. The residents may or may not receive any combination of care,
training, or treatment, but those receiving such services must reside at the site.
…
4. Exceptions:
a. Uses such as hotels, motels, and guest houses, which by definition may
arrange tenancy for periods shorter than one month, are not considered residential.
They are considered a form of temporary lodging and are classified as hospitality-oriented
retail.
…
c. Transient housing, which by definition arranges tenancy for periods shorter
than one month, is not considered residential. It is considered a form of temporary lodging
or shelter and is classified as community service - shelter.
Amend 14-4A-4I as follows:
h. Bed aAnd breakfast inns and bed and breakfast homestays are considered
accessory uses to any residential use owner occupied, detached single- family
dwellings and are regulated according to the provisions specified for such uses in article
C, "Accessory Uses And Buildings", of this chapter.
Attachment 1
Page 4
Amend 14-4A-6C as follows:
1. Characteristics: Uses of a public, nonprofit, or charitable nature providing a local
service to people of the community. Generally, they provide the service on the site or have
employees at the site on a regular basis. The service is ongoing, not just for special events.
Included are community centers or facilities that have membership provisions that are
open to the general public to join at any time, e.g., a senior center that allows any senior
to join. The use may provide shelter or short-term housing where tenancy may be
arranged for periods of less than one month when operated by a public or nonprofit
agency. The use may provide tenancy for long term housing for persons with disabilities
when operated by a public or nonprofit agency. The use may also provide special
counseling, education, or training of a public, nonprofit or charitable nature.
…
4. Exceptions:
…
g. Uses where tenancy is arranged on a non-transient basis month to month or
longer period are residential and are classified as household living or group living.
Amend 14-4B-1A as follows and renumber other items in the list accordingly:
13. One nonresident employee may be approved for a bed and breakfast
homestay or bed and breakfast inn.
Amend 14-4B-2A as follows and renumber other items in the list accordingly:
A. Approval Criteria:
1. The proposed variance will not be contrary to the public interest; and
2. Where owing to special conditions, a literal enforcement of the provisions of
the zoning code provision will result in unnecessary hardship; and
3. The spirit of the zoning code provision shall be observed, and substantial
justice done.
1. The proposed variance will not threaten neighborhood integrity, nor have a
substantially adverse effect on the use or value of other properties in the area
adjacent to the property included in the variance; and
2. The proposed variance will be in harmony with the general purpose and
intent of this title and will not contravene the objectives of the Comprehensive Plan,
as amended; and
3. The property in question cannot yield a reasonable return if required to
comply with the requirements and standards specified in this title; and
4. The owner's situation is unique or peculiar to the property in question, and
the situation is not shared with other landowners in the area nor due to general
conditions in the neighborhood, except when a variance from a floodplain
management standard is requested per section 14-5J-9 of this title; and
5. The hardship is not of the landowner's or applicant's own making or that of
a predecessor in title.
B. Definitions:
1. Unnecessary Hardship. The applicant establishes an unnecessary hardship
by demonstrating all of the following elements are met:
a. The land in question cannot yield a reasonable return if used only as
allowed in that zone.
b. The plight of the owner is due to unique circumstances and not to the
general conditions in the neighborhood.
c. The proposed variance will not alter the essential character of the locality.
Attachment 1
Page 5
2. Reasonable Return. Lack of a reasonable return may be shown by proof that
the owner has been deprived of all beneficial use of the land. All beneficial use is
said to have been lost where the land is not suitable for anything permitted by the
zoning code. A zoning code provision deprives an owner of a reasonable return if
all productive use of the land is denied. Such deprivation is shown where the land
in issue has so changed that the purpose for which it was originally zoned are no
longer feasible. It is not sufficient to show that the value of the land has been
depreciated by the zoning code provision, or that a variance would permit the owner
to maintain a more profitable use.
C. Use Variance Prohibited: Under no circumstance may the Board grant a variance
that would allow a land use, other than those specifically allowed in the zoning district in
which the subject property is located.
Amend 14-4B-4D-18 as follows:
a. Any utility-scale ground-mounted solar energy systems may not be located closer
than two hundred feet (200') from any residential zone, as measured from the property
line of the residential zone.
Amend 14-4C-2 as follows and renumber other items in the list accordingly:
D. Bed and Breakfast Homestays: Bed and breakfast homestays are allowed in
conjunction with any residential use owner occupied detached single-family
dwellings, provided the following conditions are met:
1. The principal use of the property must be an owner occupied detached
single-family dwelling.
2. No more than three (3) bedrooms are provided to guests who stay for periods
not to exceed fourteen (14) thirty (30) consecutive days.
3. A minimum of two (2) off street parking spaces must be provided in addition
to the parking spaces required for the dwelling. Parking spaces may be located one
behind the other.
4. Nonresident employees are prohibited, except as approved by the building
official as a minor modification, according to the procedures and approval criteria
for minor modifications as set forth in chapter 4, article B of this title.
5. If a dwelling contains rooming units for permanent roomers, the number of
permitted bedrooms for a bed and breakfast homestay is reduced by the number of
rooming units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted international residential code.
7. Signage identifying the bed and breakfast homestay is limited to one
nonilluminated sign not exceeding two (2) square feet in area.
28. Every two (2) years, Tthe operator must provide the City an emergency
contact and obtain a housing inspection every two (2) years to protect public health
and safety related to fire and building safety and sanitation. rental permit
authorizing this use from the city after establishing compliance with city
ordinances.
E. Bed And Breakfast Inns: Bed and breakfast inns are allowed in owner occupied
detached single-family dwellings, subject to approval of a special exception by the
board of adjustment, and provided the following conditions are met:
1. The principal use of the property must be an owner occupied detached
single-family dwelling.
2. No more than five (5) bedrooms are provided to guests who stay for periods
not to exceed fourteen (14) consecutive days.
Attachment 1
Page 6
3. A minimum of three (3) off street parking spaces must be provided in addition
to the parking spaces required for the dwelling. Parking spaces may be located one
behind the other.
4. Nonresident employees are prohibited, except as approved by the building
official as a minor modification, according to the procedures and approval criteria
for minor modifications as set forth in chapter 4, article B of this chapter.
5. If dwellings contain rooming units for permanent roomers, the number of
permitted bedrooms for a bed and breakfast inn is reduced by the number of
rooming units.
6. Fire protection equipment must be installed and maintained according to the
currently adopted international residential code.
7. Signage identifying the bed and breakfast inn is limited to one nonilluminated
sign not exceeding two (2) square feet in area.
8. Every two (2) years, the operator must obtain a rental permit authorizing this
use from the city after establishing compliance with city ordinances.
Amend 14-5A-5K as follows:
1. The minimum size for a bicycle parking space is one-and-one-half feet by
six feet (1.5' x 6'). Where required for access, a minimum aisle width of four feet (4’)
shall be provided.
21. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland
cement concrete or manufactured paving materials, such as brick. However, the city
building official may permit the use of rock or gravel areas for bicycle parking, provided
edging materials are used so that the bicycle parking area is clearly demarcated and the
rock material is contained.
32. Required bicycle parking racks must be designed to support the bicycle by its
frame and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks
shall be installed a minimum of two feet (2’) from any curb, pavement edge, parking
space, drive, walkway, or obstruction such as a well wall, fence, doorway, or
landscaping. Bicycle lockers and secure indoor storage facilities are also allowed.
43. Bicycle parking facilities shall be located in a clearly designated, safe, visible,
and convenient location and shall be located so as not to impede pedestrian or vehicular
traffic. Bicycle parking is allowed in front and side building setbacks in all zones; provided,
that such a parking area results in no more than twenty five percent (25%) of the required
setback area being paved.
Amend 14-5B-10 as follows:
A. Purpose: In order to promote the health, safety and general welfare of the population,
no privately owned signs shall be placed on or over a "public place", as defined in chapter
9, article C of this title, except as permitted by the City this Code.
B. Removal: Existing privately owned signs currently located on or over a public place
that are not in compliance with this Code shall be eliminated and removed. If the sign
owner fails to remove the sign after so ordered by the City, the City may remove the sign
and assess the costs against the sign owner.
C. Special Provisions:
1. Signs associated with parades, marches, public entertainment, public
demonstrations, or the commercial use of sidewalks that are located on or over a
public place are subject to the provisions of title 10, chapters 1, 2, and 3 of this
Code. Any signs located on or over the City Plaza are subject to the provisions of
title 10, chapter 5 of this Code.
Attachment 1
Page 7
2. The City Manager or designee may approve and execute applications on the
City's behalf for the placement of privately owned signs on or over a public place
upon finding that the signs:
a. Provide information and guidance to locations of general public interest;
and
b. Will not create a hazard to movement along or within a public place, restrict
access to a public place, or interfere with the convenience and tranquility of the
area adjacent to a public place.
Amend 14-9A-1 as follows:
BED AND BREAKFAST HOMESTAY: An accessory use in conjunction within any
residential use an owner occupied, single-family dwelling unit, in which no more
than three (3) bedrooms are provided to guests who stay for periods not to exceed
fourteen (14) thirty (30) consecutive days.
BED AND BREAKFAST INN: An accessory use within an owner occupied, single-
family dwelling unit with a maximum of five (5) bedrooms provided to guests who
stay for periods not to exceed fourteen (14) consecutive days.
FAMILY: One person or a group of persons that meet the definition of “household”.
two (2) or more persons related by blood, marriage, adoption or placement by a
governmental or social service agency, occupying a dwelling unit as a single
housekeeping organization. A "family" may also include the following:
A. Two (2), but not more than two (2), persons not related by blood, marriage or
adoption; or
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair
housing amendments act of 1988, who are occupying a dwelling unit as a single
housekeeping organization.
TREE: Perennial woody plant with a single main stem (the trunk or bole) from which
branches and twigs extend to form a characteristic crown of foliage. "Trees" are important
features in permanent landscape planting, being used to define street edges, to lessen
heat island effects through shading, and by contributing pattern, color and utility. Small
trees generally attain a height at maturity of up to thirty fifty feet (530'). Large trees
generally attain a height at maturity greater than thirty forty feet (430'). See the list of
recommended "trees" for Iowa City, available through the city forester's office.
Amend 15-1-3 as follows:
BOUNDARY LINE ADJUSTMENT, MINOR: The reconfiguration of the boundary line
between abutting tracts, lots or parcels that results in conveyance of less than one
thousand (1,000) square feet of land and are not subject to the Establishment of
Control guidelines in 15-1-4D.
BOUNDARY LINE ADJUSTMENT, MAJOR: The reconfiguration of the boundary line
between abutting tracts, lots or parcels that results in the conveyance of one
thousand (1,000) square feet of land or greater. Major boundary line adjustments
shall be subject to the Establishment of Control guidelines in 15-1-4D.
DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for
tax purposes. A minor boundary line adjustment, major boundary line adjustment, or
the conveyance of an easement, other than a public highway easement, shall not be
considered a division for the purposes of this title.
Attachment 1
Page 8
Amend 15-1-4 as follows:
D. Any major boundary line adjustment shall be administratively reviewed and
approved by the City Manager or designee for compliance with the Zoning and
Subdivision Codes. Prior to recording, a division shall be certified as approved by
the City Manager or designee.
Amend 18-3-2F as follows:
F. Vehicle And Pedestrian Circulation: The design of vehicle and pedestrian circulation
shall be provided for safe and convenient flow of vehicles and movement of pedestrians
and shall, to the greatest extent reasonably possible, prevent hazards to adjacent streets
or property. The city may limit entrances and exits upon adjacent streets in order to prevent
congestion on adjacent or surrounding streets and in order to provide for safe and orderly
vehicle movement. The city may limit street access according to the provisions of title 14,
chapter 5, article C, "Access Management Standards", of this code. The City may require
construction of sidewalks in the abutting public right of way where not present,
according to the standards at 15-3-3.
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
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
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-
Planning and Zoning Commission
April 20, 2022
Page 14 of 19
of-way unless there is some sort of zoning code condition. What staff is trying to do is improve
connectivity, especially with infill and redevelopment, and this would allow that.
The second one is how they interpret the historic preservation exception that's allowed within
residential and commercial zones. Lehmann noted it does allow some flexibility in historic
preservation properties and staff received correspondence where the chair of the Historic
Preservation Commission would like the Historic Preservation Commission to review it so staff
recommends striking this as part of the recommendation and staff recommends just addressing it
later.
The third one is regarding the goal to clarify the applicability of form-based code design review.
Right now, the language states form-based code districts have design review, but that really was
only meant to apply to the Riverfront Crossings District due to the large scale of development
there. The City did recently adopt form-based code for developing areas, most recently in the
South District, but possibly expanding that to other parts of the City. Those areas they plan on
administering through site plan review and building permit review. So this code amendment for
design review is just for Riverfront Crossings and that it does not apply to the other form-based
zones.
Next is with regards to the approval criteria for variances. Right now, there's five approval criteria
that are required for variances and the Board of Adjustment must make the findings that all of
these are met in order to grant it. However, those criteria are not exactly aligned with State law
nor exactly aligned with case law. There's case law and State law that guides what can have a
variance and what can't have a variance and there have been some examples where variances
that were granted were overturned by State courts due to these standards. This amendment is to
try to align the City’s variance criteria with that State law and the State code and makes it clearer
for applicants and for staff and the Board as to what would actually be qualified for a variance
based under that State law.
Next, with regards to utility-scale ground-mounted solar energy systems, there's a requirement
that there's a 200-foot buffer from residential zones. This amendment clarifies how that boundary
is measured and it's from the boundary of the residential zone.
The next one is with regards to bicycle parking. The City has minimum bicycle parking standards,
but it's not clear as to what that means in terms of what bicycle parking looks like, it leaves a lot
of ambiguity. Staff has been looking at the Essentials of Bike Parking, which is made by the
Association of Pedestrian and Bicycle Professionals and staff wants to take some of those rules
and put them into the code to make it clear to applicants what is expected for bicycle parking.
This amendment will add in a minimum bicycle parking space, which would be 1.5 x 6 feet, it
adds in a minimum bicycle access aisle width of 4 feet, requires that bicycle racks be installed 2
feet from curbs and/or other obstructions or parking spaces, and it specifies that bicycle parking
facilities must be in a visible location.
The next section is with regards to a couple of provisions the City has for privately owned signs
in public places. Right now there's a section in the sign code that talks about when can privately
owned signs be allowed in public places, like in the entrances to subdivision or a sign in a right-
Planning and Zoning Commission
April 20, 2022
Page 15 of 19
of-way. Lehmann explained one of those special provisions provides a cross reference and is
redundant and the other gives the city manager authority to allow signs in public places, which
may violate State code requirements for conveying an interest in public property for private use.
Staff is recommending striking those two conditions as being unneeded in the zoning code.
The next change is to clarify the definition for family. This came about when in 2018 the State
restricted the ability of the City to regulate the occupancy of homes by familial or nonfamilial
relationships. Prior to that time, the City had a definition of family they used to define what is a
single family with a very specific use for family but since that time they have pretty much used
family and household synonymously and so this codifies this interpretation that staff has been
using. Additionally, it will open up housing for a wider variety of household arrangements and is
best practice for fair housing to try and define a family this way. Again, this will take family and
refer to the definition for households and that would be the definition they would be using but
they don't propose striking it is because family is used throughout the code, so they are just
going to cross reference it and not have to remove it from every other part of the code.
The next one is the definition for tree and the of ambiguity for the definition. A small tree currently
is defined as having a height of up to 50 feet, whereas the large tree is having any height of
greater than 40 feet which obviously creates a gap in which it's ambiguous as to whether it's a
tall or small tree. In recent conversations with the city forester, they had said 30 feet is probably a
better height for what's actually a small versus a large tree, so this justification changes a small
tree to be defined as with a height of up to 30 feet, and a large tree is greater than 30 feet.
Lehmann stated the next item is a more complicated one, that again is reacting to State law
changes passed in 2020 with the State restricting the ability of cities to regulate short term
rentals. The City made some changes to the housing code, but this cleanup is catching up the
zoning code. Short term rental is broadly defined in this State law as basically any residential
property that is rented for a fee for 30 days or less, is exempt or can't be regulated, except for in
a couple certain circumstances such as they can do inspections and get contact information, but
otherwise must treat a short term rental similarly to any other residential use. This amendment
seeks to bring the City into compliance with State law and remove references to length of
tenancy from the use categories that are seen in residential use categories, commercial use
categories, and also in institutional use categories. The new language will also consolidate the
definitions for bed and breakfast. The City currently has two, the bed and breakfast inns and bed
and breakfast homestay, the current difference is based on the number of people that are
allowed to stay. The language change puts them into one category called bed and breakfasts
and it's any number of guests up to 30 days, essentially a short term rental, but this is an
accessory use category and has to be in addition to some other residential use. With the creation
of this new definition they also strike any provisional standards that previously applied to these
bed and breakfast categories and only have those things that they can regulate apply to this bed
and breakfast category. Lehmann explained the reason they did it this way was because it's the
least change approach and there are existing bed and breakfasts that are accessory to single
family uses and they didn't want to make those all non-conforming. If a bed and breakfast is a
primary use, and not an accessory to a single-family use, it all depends on how it's structured as
to how it will be classified. If it is a single-family home and it is rented to a single household unit,
Planning and Zoning Commission
April 20, 2022
Page 16 of 19
which would be the definition of a single family and considered a single family, as long it is rented
out for 30 days or less. If they are renting out individual rooms, and they're all independent and
not living as a household unit, then they'd be considered group living uses, which is much more
strictly regulated and not be allowed in most zoning districts. Lehmann explained this is how staff
has been interpreting short term rentals and treating them like every other use, it really depends
on the structure of how many people is being rented to and are those people acting as a
household unit. He noted one repercussion of this is it would make these accessory bed and
breakfast uses more widely available and wouldn't have restrictions on parking because they
can’t regulate that. It would also only require housing inspections every two years, and that
there's contact information that's updated, and that they have to stay there less than 30 days.
These changes meet the State code, and staff thinks it meets the goals of the City.
Finally, the last change is for informational purposes where staff wanted to clarify the boundary
line adjustment standards in the subdivision code. Those typically don’t come to the Planning
and Zoning Commission, but Lehmann wanted to include it with all the others so that when it
goes to Council it's a little easier. Currently minor boundary line adjustments are defined if it's
less than 1000 square feet and they're transferring property from one abutting property to
another abutting property. However, there's no there's no process for if it's larger than 1000 feet.
Staff is just creating a distinction between a minor boundary line adjustment, which is the current
process, and a major one. The minor one doesn't go through administrative review, but the
major one would, and that's what staff has been informally doing anyway. This amendment will
just qualify the process so it is clear for those who wish to sell property to abutting property
owners.
Staff 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.
Martin asked about the pedestrian circulation and if there are currently no sidewalks somewhere
is this saying there needs to be sidewalks added or is it just for new site development. Lehmann
explained this is for infill development, but they did add in provisions to improve pedestrian
connectivity and in some cases there may be a house that doesn't have a sidewalk for whatever
reason so if it's being redeveloped, they would have to put in a sidewalk as part of either site
plan review or as part of the building permit review.
Lehmann added there are some cases where none of the houses on a side had a sidewalk, so it
doesn't make any sense to put in a sidewalk in front of the one house being redeveloped
because that doesn't improve pedestrian connectivity.
Martin asked for more information on the privately-owned signs in public spaces because she
remember being on P&Z when this was a big hullabaloo and it went to the Supreme Court
regarding allowing signs on easements and a public rights-of-way. Lehmann noted it came to
staff’s attention because they had someone request to use this criteria. One provision stated the
city manager could allow a permanent use of public property, so this removes that language.
Planning and Zoning Commission
April 20, 2022
Page 17 of 19
Martin asked regarding the definition of family, is that now going to convey throughout all of the
code what family means, even when it comes to rentals because people have had issues with
blended families but now this seems to kind of take care of all protected classes and whatnots.
Lehmann explained rental permits would be a little different, this would apply to references to
family in the zoning code whereas rental permits are based on parking spaces and bedrooms,
and it's different, the zoning code that deals with adult occupancy noting children shouldn’t
matter for parking.
Craig asked about the bed and breakfast term, isn't that an antiquated term. Lehmann agreed
bed and breakfast is probably an antiquated term, but this is just the definition that they've been
using for an accessory short term rental. It used to restrict it to 14 days but now that's not
compliant with State law. It is essentially a short term rental, they just didn't change the name
because it's already in the zoning code.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Townsend moved to recommend 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.
Martin seconded the motion.
Hensch noted they are going to vote yes for this but on item number one, the pedestrian
circulation requirements, he is 100% in favor of making everybody put in sidewalks to keep
people from walking on the streets.
Signs noted Friday is the 150th anniversary of Arbor Day so hopefully everyone can go out and
plant a tree, large or small.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: MARCH 2, 2022:
Craig moved to approve the meeting minutes of March 2, 2022, with minor edits.
Martin seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Russett stated one item to report is the right-of-way vacation at 829 Kirkwood has finally passed
and the sign was taken down today.
Prepared by: Kirk Lehmann,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;319-356-5247
ORDINANCE NO.
Ordinance amending Title 14, Zoning Code, Title 15, Subdivision Code,
and Title 18, Site Plan Review, of the Iowa City Code to clarify
requirements and ensure compliance with changes to state law. (REZ22-
0004)
Whereas, the City of Iowa City aims to make its Zoning Code as clear as possible; and
Whereas, from time to time, Staff reviews the zoning ordinance to determine whether it should be
revised for clarity or conformance with state and federal law; and
Whereas, a recent Staff audit determined that changes are necessary to clarify when sidewalks
are required for infill and redevelopment projects; to clarify that design review for "Form Based
Code Districts" only applies within the Riverfront Crossings District; to clarify where the buffer
between residential zones and Utility-Scale Ground-Mounted Solar Energy Systems is measured;
to clarify the size, location, and placement of bicycle parking facilities; to clarify the definition of
tree; and to establish a process for boundary line adjustments of 1,000 or more square feet; and
Whereas, Staff also recommends amendments in response to changes in state code and case
law regarding the variance approval criteria used by the Board of Adjustment; regarding the
definition of family; regarding private signs in the right-of-way; and regarding the regulation of
short-term rentals; and
Whereas, the Planning and Zoning Commission recommended approval of the Title 14 Zoning
Code amendments at its meeting on April 20, 2022; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Iowa City Code Title 14"Zoning Code" is hereby amended by deleting the strikethrough
text, adding the underlined text, and renumbering subsequent paragraphs accordingly:
14-2A-6 "Single-Family Site Development Standards"
D. Pedestrian Circulation: Where no sidewalk exists, sidewalks shall be constructed in the
abutting public right-of-way according to the standards at 15-3-3. The Director of
Neighborhood and Development Services may exempt a property from this requirement
where a finding is made that such a sidewalk is unlikely to connect to future pedestrian
routes.
14-3C-2A "Designated Areas, Buildings, And Structures"
7. Design Review For Riverfront Crossings Districts: Any exterior
alterations to, additions to, or new construction of buildings and structures, or alterations
or additions to site development, including, but not limited to, parking areas, landscaping,
screening, lighting, and access on property zoned to a Riverfront Crossings Form Based
Code designation shall be subject to design review as specified in subsection 14-2G-1D,
"Design Review", of this title.
14-3C-3A-1 "Level I Review"
a. A level I review will be conducted for the following designated areas, properties, and
structures:
(8) Design review for Riverfront Crossings Form Based Code Districts.
b. Applications for level I review will be reviewed and approved, modified, or disapproved
by the staff Design Review Committee or, in the case of Riverfront Crossings Form
Cede Districts, by the Form Based Code Committee, in accordance with chapter 8, article
B, "Administrative Approval Procedures", of this title.
14-3C-3B "Approval Criteria"
8. Riverfront Crossings Form Based Code District Design Review: Riverfront Crossings
Form Based Code District design review according to subsection 14-2G-1D of this title.
14-4A-3 "Residential Use Categories"
A. Household Living Uses:
1. Characteristics: The residential occupancy of a dwelling unit by a single household
or group household, who are living together as a single housekeeping unit. The principal
use of the property is for long term residential living, with each dwelling unit containing its
own facilities for living, sleeping, cooking and eating meals, and with all spaces within the
unit open to the entire household. The dwelling or dwelling units are designed for
residential living and any accessory use shall be secondary to the use of the property as
a residence. - - ' .- - - •--- - - -- , e - . - - .• • -
month basis.
3. Accessory Uses: Private recreational uses; storage buildings; parking for residents'
vehicles. Home occupations, accessory dwelling units, childcare homes, and bed and
breakfast-fasilties are accessory uses that are subject to additional regulations outlined in
article C, "Accessory Uses and Buildings", of this chapter. Any accessory use of the
property shall remain secondary to the principal use of the property for residential living.
4. Exceptions:
e. Uses such as hotels, motels, and guest houses, - -•
--. •- -- -•- - • -•- -• •, are not considered residential. They are
considered a form of temporary lodging and are classified as hospitality-oriented retail.
f. Transient housing, • - - • - - •- - - - --- -
one month, is not considered residential. It is considered a form of temporary lodging or
shelter and is classified as community service - shelter.
B. Group Living Uses:
1. Characteristics: Group living uses are characterized by the residential occupancy
of a dwelling by a group of people (roomers) who do not meet the definition of a
"household" or"group household". -• •- - --_-: e• - ••_• • - ••_• • --
a longer period. Group living structures contain individual, private rooming units that are
not open to all the residents of the dwelling. Rooming units contain private space for living
and sleeping, but not for cooking. Bathroom facilities may be private or shared. There may
also be shared kitchen and dining facilities and shared common rooms and amenities for
all residents. The rooming units are furnished with locks through which one member of the
group may prevent other members of the group from entering his/her private rooming unit.
The residents may or may not receive any combination of care, training, or treatment, but
those receiving such services must reside at the site.
4. Exceptions:
a. Uses such as hotels, motels, and guest houses, • - - - • • - - - - •
•. •. e . .. . • . • . , are not considered residential. They are
considered a form of temporary lodging and are classified as hospitality-oriented retail.
c. Transient housing, • -• - - • - - - se- - e -
one-math, is not considered residential. It is considered a form of temporary lodging or
shelter and is classified as community service - shelter.
14-4A-41-4 "Exceptions"
h. Bed aAnd breakfasts inns and bed and breakfast homestayc are considered
accessory uses to any residential use e •- - - - _
and are regulated according to the provisions specified for such uses in article C,
"Accessory Uses and Buildings", of this chapter.
4-4A-6C "Community Service Uses"
1. Characteristics: Uses of a public, nonprofit, or charitable nature providing a local
service to people of the community. Generally, they provide the service on the site or have
employees at the site on a regular basis. The service is ongoing, not just for special events.
Included are community centers or facilities that have membership provisions that are
open to the general public to join at any time, e.g., a senior center that allows any senior
to join. The use may provide shelter or short-term housing •- - - •- ••- e- - --e-
2
_-
.. e . • . . • when operated by a public or nonprofit agency. The
use may provide tenancy for long term housing for persons with disabilities when operated
by a public or nonprofit agency. The use may also provide special counseling, education,
or training of a public, nonprofit or charitable nature.
4. Exceptions:
g. Uses where tenancy is arranged on a non-transient basis month to month or
longer-period are residential and are classified as household living or group living.
14-4B-1A "Applicability"
bod and breakfast inn.
14-4B-2 "Variance"
A. Approval Criteria:
1. The proposed variance will not be contrary to the public interest; and
2. Where owing to special conditions, a literal enforcement of the provisions of the
zoning code provision will result in unnecessary hardship; and
3. The spirit of the zoning code provision shall be observed, and substantial justice
done.
2. The proposed variance will be in harmony with the general purpose and intent of
and
3. The property in question cannot yield a reasonable return if required to comply
The owner's situation is unique or peculiar to the property in question, and the
_ . •:r landowners in the arca nor due to general conditions in
5. The hardship is not of the landowners or applicant's own making or that of a
predece°cor in title.
B. Definitions:
1. Unnecessary Hardship. The applicant establishes an unnecessary hardship by
demonstrating all of the following elements are met:
a. The land in question cannot yield a reasonable return if used only as allowed in
that zone.
b. The plight of the owner is due to unique circumstances and not to the general
conditions in the neighborhood.
c. The proposed variance will not alter the essential character of the locality.
2. Reasonable Return. Lack of a reasonable return may be shown by proof that the
owner has been deprived of all beneficial use of the land. All beneficial use is said to have
been lost where the land is not suitable for anything permitted by the zoning code. A zoning
code provision deprives an owner of a reasonable return if all productive use of the land
is denied. Such deprivation is shown where the land in issue has so changed that the
purpose for which it was originally zoned are no longer feasible. It is not sufficient to show
that the value of the land has been depreciated by the zoning code provision, or that a
variance would permit the owner to maintain a more profitable use.
C. Use Variance Prohibited: Under no circumstance may the Board grant a variance that
would allow a land use, other than those specifically allowed in the zoning district in which
the subject property is located.
14-4B-4D-18 "Utility-Scale Ground-Mounted Solar Energy Systems"
a. Any utility-scale ground-mounted solar energy systems may not be located closer than
two hundred feet (200') from any residential zone, as measured from the property line of
the residential zone.
14-4C-2 "Specific Approval Criteria"
D. Bed and Breakfasts Homestays: Bed and breakfasts homcstays are allowed in
conjunction with any residential use - •- - -- --•-. .•e - -.•• = " ° ,
provided the following conditions are met:
2. No more than three (3)bedrooms are provided to Guests who-stay for periods not
to exceed fourteen (14) thirty (30)consecutive days.
ether,
5. If a dwelling contains rooming units for permanent roomers, the number of
minroog-un
protection equipment must be installed and maintained according to the
28. Every two (2) y ars, Tthe operator must provide the City an emergency contact
and obtain a housing inspection every two (2) years to protect public health and safety
related to fire and building safety and sanitation. rental permit authorizing this use from
2 fam -dNo elmore than five (5) bedrooms are provided to guests who stay for periods not to
3. A minimum of three (3) off street parking spaces must be provided in addition to
the other.
6. Fire protection equipment must be installed and maintained according to the
7. Signage identifying the bed and breakfast inn is limited to one nonilluminatcd sign
not exceeding two (2) square feet in area.
14-5A-5K"Design of Bicycle Parking Areas"
1. The minimum size for a bicycle parking space is one-and-one-half feet by six feet(1.5'
x 6'). Where required for access, a minimum aisle width of four feet (4') shall be provided.
24. Bicycle parking areas must be constructed of asphaltic cement concrete, Portland
cement concrete or manufactured paving materials, such as brick. However, the city
building official may permit the use of rock or gravel areas for bicycle parking, provided
edging materials are used so that the bicycle parking area is clearly demarcated and the
rock material is contained.
32. Required bicycle parking racks must be designed to support the bicycle by its frame
and allow the use of either a cable lock or a U-shaped lock. Bicycle parking racks shall be
installed a minimum of two feet (2') from any curb, pavement edge, parking space, drive,
walkway, or obstruction such as a well wall, fence, doorway, or landscaping. Bicycle
lockers and secure indoor storage facilities are also allowed.
43. Bicycle parking facilities shall be located in a clearly designated, safe visible, and
convenient location and shall be located so as not to impede pedestrian or vehicular traffic.
Bicycle parking is allowed in front and side building setbacks in all zones; provided, that
such a parking area results in no more than twenty five percent (25%) of the required
setback area being paved.
14-5B-10 "Privately Owned Signs in Public Places"
A. Purpose: In order to promote the health, safety and general welfare of the population,
no privately owned signs shall be placed on or over a "public place", as defined in chapter
9, article C of this title, except as permitted by the City this Code.
B. Removal: Existing privately owned signs currently located on or over a public place
that are not in compliance with this Code shall be eliminated and removed. If the sign
owner fails to remove the sign after so ordered by the City, the City may remove the sign
and assess the costs against the sign owner.
C. Special Provisions:
1. Signs associated with parades, marches, public entertainment, public
demonstrations, or the commercial use of sidewalks that are located on or over a public
Code.
2. The City Manager or designee may approve and execute applications on thc City's
that the signs:
b. Will not create a hazard to movement along or within a public place, restrict
access to a public place, or interfere with the convenience and tranquility of thc ar a
adjacent to a public place.
14-9A-1 "Definitions"
BED AND BREAKFAST HOMESTAY: An accessory use in coniunction within any
residential use -• - - - - _ _ _ . , in which no more than
three (3) bedrooms are provided to guests who stay for periods not to exceed fourteen
(14) thirty(30) consecutive days.
not to exceed fourteen (14)consecutive days.
FAMILY: One person or a group of persons that meet the definition of "household". two
or social service ag-•- , - - - - - -• - - - - - - --- •-
A. Two (2), but not more than two (2), persons not related by blood, marriage or
B. Up to eight (8) persons with verifiable disabilities, as defined by the fair housing
organization.
TREE: Perennial woody plant with a single main stem (the trunk or bole) from which
branches and twigs extend to form a characteristic crown of foliage. "Trees" are important
features in permanent landscape planting, being used to define street edges, to lessen
heat island effects through shading, and by contributing pattern, color and utility. Small
trees generally attain a height at maturity of up to thirty fifty feet (530'). Large trees
generally attain a height at maturity greater than thirty lefty feet (430'). See the list of
recommended "trees" for Iowa City, available through the City Forester's office.
Section II. Iowa City Code Title 15, "Land Subdivisions", Chapter 1, "General Subdivision
Provisions", is hereby amended by adding the following underlined text:
Article 3 "Definitions"
BOUNDARY LINE ADJUSTMENT. MINOR: The reconfiguration of the boundary line
between abutting tracts, lots or parcels that results in conveyance of less than one
thousand (1,000) square feet of land.
BOUNDARY LINE ADJUSTMENT, MAJOR: The reconfiguration of the boundary line
between abutting tracts, lots or parcels that results in the conveyance of one thousand
(1,000) square feet of land or greater. Major boundary line adjustments shall be subject
to the Establishment of Control guidelines in 15-1-4D.
DIVISION: Dividing a tract, lot or parcel of land into two (2) portions by conveyance or for
tax purposes. A minor boundary line adjustment, major boundary line adjustment,or the
conveyance of an easement, other than a public highway easement, shall not be
considered a division for the purposes of this title.
Article 4 "Establishment of Control"
D. Any major boundary line adjustment shall be administratively reviewed and
approved by the City Manager or designee for compliance with the zoning and
subdivision codes. Prior to recording, a division shall be certified as approved by the City
Manager or designee.
Section III. Iowa City Code Title 18, "Site Plan Review", Chapter 3, "Site Plan Design Standards",
Article 2 "Design Standards", is hereby amended to add the following underlined text:
F. Vehicle and Pedestrian Circulation: The design of vehicle and pedestrian circulation
shall be provided for safe and convenient flow of vehicles and movement of pedestrians
and shall, to the greatest extent reasonably possible, prevent hazards to adjacent streets
or property. The city may limit entrances and exits upon adjacent streets to prevent
congestion on adjacent or surrounding streets and to provide for safe and orderly vehicle
movement. The City may limit street access according to the provisions of title 14, chapter
5, article C, "Access Management Standards", of this code. The City may require
construction of sidewalks in the abutting public right of way where not present, according
to the standards at 15-3-3.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof no adjudged invalid or unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval, and
publication, as provided by law.
Passed and approved this day of , 2022.
Mayor
Approved by
Attest:
City Clerk City Attorney's Office
(Sara Greenwood Hektoen —05/24/2022)
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 6/6/2029
Vote for passage: AYES: Alter, Bergus, Harmsen, Taylor, Teague,
Thomas, Weiner NAYS: None ABSENT: None
Second Consideration
Vote for passage:
Date published
Item Number: 9.c.
J une 6, 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) (Secon d Con sideration )
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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communication in error, please notify us immediately by e-mail, and delete the original message.
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
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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.
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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.
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April 20, 2022
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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
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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. 77_4R80
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 nerve 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 Csommunity Sachool Ddistrict, and necessary infrastructure.
Ordinance No.22-4880
Page 2
for such uses may w414 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
-• - - - - ten-- -- - - these public
eetttes-arc not erdinanly _ e e - _ 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 (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 special
exception uses.
Ba. 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
pol+#eal subdivisions th- - - - - ea - e- -"' - - -- -s
rte-P"vv+ste .al-Uses-
1 ed+#es-
2 Utility scale ground mounted selar-energy system
D Special Exceptions' Pr-v`e'xe - -- -- •- - - -
Table 2F-1: Principal Uses Allowed in Public Zones
Use Categories Subgroups ' P_1 P-2
Land. buildinos 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. 22-4880
Page 3
Utility-scale ground-mounted solar enemy 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 tnc
government of the United States. thc state, or a political subdivision thereof, the buyer or
transferee must submit an application re_ - _ -- _ - e•- - - ordance
w:tb __ ___ _.• _ e __ _ __ -- in chapter 8 article D of this title.
— -subdivision thereof shall retain its existing zoning de - - _ _ -- - •-
zoning map is amended to designate such land a public zone
---G- Before If the federal stateor local government. or political subdivisions thereofor 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 4e anyone
other than the government of the United States. the state or a political subd+wsien hereof,
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 snail may be established
as a dual n overlay zone with the underlying zone retaining the its original public zone
designation.
D. Amend 14-4B-4D as follows:
1. Basic Utility Uses+esCommercial And Industriat Zones Are ID C ID I And ID RP
Zones:
a. Basic Utility Uses+es Within Enclosed Within Buildings: In all corn merc-tai-
industrial. and res arch zonecrand the ID C. IDI, andD—RP zones bBasic
utility usesics are permitted within a building that houses another principal use
allowed in thc 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 Usesics 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 Ceity 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 Dub(2) of this
section.
(2) In all commercial zones, the RDP and ORP zones, and the PP=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. 22-4880
Page 4
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 dcmonctratac 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 J„na , 2022.
4, Or
Approved by
Attest: .�ti ._• 1-
City Clerk City Attorney's Office
(Sara Greenwood Hektoen -05/12/22)
Ordinance No. 22-4880
Page 5
It was moved by Thomas and seconded by Alter that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
x Weiner
First Consideration 05/17/7022
Vote for passage: Bergus, Harmsen, Taylor, Teague
Thomas,Weiner, Alter
Second Consideration
Vote for passage:
Date published 06/16/2022
Moved by Weiner, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be
suspended, the second consideration and vote be waived and the
ordinance be voted upon for final passage at this time.
AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
NAYS: None ABSENT: None
Item Number: 9.d.
J une 6, 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) (Second Consid eration)
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-
,j 1
„ r�
Prepared by:Anne Russett, Senior Planner,410 E Washington St, Iowa City, IA 52240(REZ22-0007)
Ordinance No. 22-4881
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. 22-4881
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 6th day of June 2022.
.
ayor
Approved by
Attest: Asu C •
Y ��
Cit Clerk City Attorney's fdffice
(Sara Greenwood Hektoen—05/12/22)
Ordinance No. 22-4881 _
Page 3 _
It was moved by Thomas and seconded by Tayl nr that
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Alter
X Bergus
X Harmsen
X Taylor
X Teague
X Thomas
X Weiner
First Consideration 5/17/2022
Vote for passage: Harmsen, Taylor, Teague, Thomas,
Weiner, Alter, Bergus
Second Consideration
Vote for passage:
Date published 6/16/2022
Moved by Weiner, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings prior
to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted upon
for final passage at this time.
AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner
NAYS: None ABSENT: None