HomeMy WebLinkAbout2022-07-12 OrdinanceItem Number: 11.a.
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CITY OE IOWA CITY
www.icgov.org
July 12, 2022
Ordinance amending Title 14, Zoning of the Iowa City Code to clarify code
language related to historic preservation. (REZ22-0009)
ATTACHMENTS:
Description
staff memo
P&Z Minutes 6-15-2022
HPC Minutes 4-14-2022
Ordinance
CITY OF IOWA CITY
MEMORANDUM
Date: June 15, 2022
To: Planning & Zoning Commission
From: Kirk Lehmann, Associate Planner
Re: Zoning Code Amendment (REZ22-0009) related to historic preservation
Introduction
The Iowa City Zoning Code (Title 14) is subject to alteration and clarification as situations and
circumstances change throughout the City. The proposed ordinance addresses a few issues that
have come to light with various aspects of code language and how the code is applied.
Specifically, this code clean-up amendment serves to clarify language and expectations
throughout the code relating to historic preservation. A summary of the proposed changes is
provided in the attached memo to the Historic Preservation Commission [Attachment 1].
Background
Since the proposed changes are related to historic preservation regulations, staff provided the
proposed amendments to the State Historic Preservation Office's (SHPO) Certified Local
Government (CLG) Coordinator for review and comment. SHPO's CLG coordinator noted no
concerns with the proposed changes [see correspondence included in Attachment 1].
Staff also presented the proposed amendments to the Historic Preservation Commission. At their
meeting on June 9, the Commission recommended approval of the proposed amendments and
requested that an up-to-date list of historic landmarks be added to the website. Staff will ensure
a listing is updated annually during the historic preservation mailings to property owners.
Next Steps
Pending recommendation by 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
code clean-up items relating to historic preservation.
Attachments
1. Memo to the Historic Preservation Commission, dated June 9, 2022
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
CITY OF IOWA CITY
MEMORANDUM
Date: June 9, 2022
To: Historic Preservation Commission
From: Kirk Lehmann, Associate Planner & Emani Brinkman, Planning Intern
Re: Zoning Code Amendment (REZ22-0009) related to historic preservation
Introduction
The Iowa City Zoning Code (Title 14) is subject to alteration and clarification as situations and
circumstances change throughout the City. The proposed ordinance (Attachment 1) addresses a
few 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 clarify language and expectations throughout
the code relating to historic preservation.
Background
Staff maintains a list of amendments that need to be made to the Zoning Code based on
discussions between City staff. The amendments proposed in this memo are minor in nature and
provide clarification to those who depend on this document to make and understand important
City-wide decisions.
While the changes are minor, the Historic Preservation Commission is reviewing them to make
recommendations to the Planning and Zoning Commission and City Council on preservation
issues per their mission codified in Section 14-7A-3 of the City Code. The State Historic
Preservation Office's Certified Local Government Coordinator, Allison Archambo, has reviewed
the proposed amendments and noted no concerns with the changes. Her correspondence is
included as Attachment 2.
Proposed Amendments
The proposed code amendments and reasoning for each is detailed below.
1) 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. This provides substantial flexibility for historic properties, including
flexibility from standards relating to setbacks, height, parking areas, screening,
landscaping, and use -specific approval criteria, among other requirements. The code also
allows such properties to be adaptively reused in such a way not typically allowed in these
zones, including as community service, specialized education facility, or hospitality -
oriented retail uses. In both cases, the Board must find that the modification helps preserve
the historic, aesthetic, or cultural attributes of the property, and a Certificate of
Appropriateness from the Historic Preservation Commission is required, in addition to
April 20, 2022
Page 2
requiring that several other general approval criteria are met. 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. This is consistent with staff's current interpretation of this
provision but provides more straight -forward language.
2) Remove List of Local Landmarks, Historic Districts, and Conservation Districts (14-
3B -1D and 14 -3B -2D)
Summary of Change: The code currently lists properties that are designated as Local
Historic Districts, Local Historic Landmarks, and Conservation Districts. The proposed
amendment would remove the sections listing these districts and properties.
Justification: City Council currently designates Local Historic Districts and Landmarks by
rezoning them Historic District Overlay (OHD). Similarly, Local Conservation Districts are
rezoned Conservation District Overlay (OCD). Staff also maintains a list of Local Historic
Districts and Landmarks, and Local Conservation Districts, which is kept up-to-date and
is available to the public. The Zoning Code lists districts and landmarks as well, but these
codified lists are irregularly updated and are redundant with the rezoning ordinances
passed by Council when a property is designated. As such, staff recommends removing
the codified lists from the zoning code and relying instead on the ordinances passed by
Council and staff's lists which are regularly maintained.
3) Add Abbreviation to Conservation Overlay Zones (14-3B-2)
Summary of Change: The code establishes the Conservation District Overlay (OCD) zone
to designate Local Conservation Districts within the City but does not list the abbreviation
used on the zoning map. The proposed amendment adds the abbreviation for
Conservation District Overlays (OCD) into the code.
Justification: Specifying that the OCD abbreviation is used for Conservation District
Overlay zones connects the designation on the zoning map with the zone it represents.
4) Clarify Historic Preservation Commission Procedures (14-8E-1)
Summary of Change: After receipt of an application for Historic Landmark designation or
following initiation of a proposal to designate a Local Historic or Conservation district, the
Historic Preservation Commission holds a public hearing on the proposal. The Zoning
Code requires that public notice be mailed, though the current requirements have been a
source of confusion and complaint. The code also requires that the designation of all Local
Historic Districts, Local Conservation Districts, and Local Historic Landmarks be submitted
to the State Historic Preservation Office (SHPO), even when the SHPO will not review it.
The proposed amendment makes two changes. First, it clarifies the public notice mailing
procedures by delineating exactly how the list of property owners will be generated and
mailed. This revision will mean notices are mailed to the owner and any contract purchaser
of record using their last known address listed in the records of the County Auditor not
more than 14 days before the mailing. Second, it revises the submittal requirements such
that proposals shall only be sent to the SHPO for projects on which SHPO will provide
comment. These include proposals regarding Local Historic Districts but exclude
proposals regarding Local Conservation Districts and/or Local Historic Landmarks.
April 20, 2022
Page 3
Justification: Revising public notice mailing procedures will more clearly codify the process
staff will follow. Revising the SHPO submittal requirements will help align City policy with
SHPO policy, which will streamline submittals and prevent unnecessary work.
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
code clean-up items relating to historic preservation.
Attachments
1. Proposed Zoning Code Text Amendments
2. Correspondence with Allison Archambo (Certified Local Government Coordinator, State
Historic Preservation Office)
Approved by: .=J ' SA
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 -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
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 CGommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) : - ' = - 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 CGommission.
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 -all
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 CGommission.
2. The Bboard of Aadjustment may grant a special exception to allow a property
located in a Historic District Overlay (OHD) = - ' = . - . - . 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 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 CGommission.
Attachment 1
Page 2
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 (OH D) = - 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 CGommission.
Strike 14 -3B -1D "Designated Resources" within a Historic District Overlay Zone
Amend 14-3B-2 as follows:
A. Purpose: The conservation district overlay (OCD) zone is used to designate
conservation districts. The purpose of this overlay zone is to:
1. Conserve the unique characteristics of older neighborhoods and resources,
including their architectural, historical and aesthetic qualities;
2. Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of older neighborhoods and preserve the
historic integrity of the resource;
3. Encourage the retention, rehabilitation and appropriate maintenance of existing
buildings, structures and sites in older neighborhoods;
4. Stabilize property values and encourage reinvestment in older neighborhoods; and
5. Protect the environmental setting of historic landmarks and historic districts through
the designation of conservation districts adjacent to historic landmarks and historic
districts.
Strike 14 -3B -2D "Designated Resources" within a Conservation District Overlay Zone
Amend 14 -8E -1C as follows:
1. Upon receipt of an application for historic landmark designation or following
initiation of a proposal to designate a historic or conservation district, the historic
preservation commission will hold a public hearing on the proposal.
2. The historic preservation commission will give notice of the time, date, place and
subject matter of such public hearing
ordinary mail addressed to "owner" at the street address of the property in
question, Such notice shall be sent by ordinary mail, not less than seven (7) days
before the date the hearing is held, to the owner and any contract purchaser of
record of each property or property interest at the owner's and contract purchaser's
last known address as shown in the records of the County Auditor not more than
fourteen (14) days prior to the date of mailing. A change in ownership of any such
property which is not reflected in the records of the County Auditor during the
period those records are searched as above provided shall not affect the validity of
the notice or any condemnation proceeding commenced on the basis of such
Attachment 1
Page 3
notice. An affidavit of mailing will be filed with the city clerk setting forth the date that
notice was mailed and the names and addresses of all property owners notified pursuant
to this subsection.
3. Following the public hearing, the historic preservation commission will consider a
motion recommending approval of the proposed district or historic landmark.
4. Upon approval of the motion, the historic preservation commission will submit an
application to rezone the proposed area to historic district overlay or conservation district
overlay, whichever is applicable. For properties proposed as local historic landmarks, an
application for a historic district overlay rezoning must be submitted.
Amend 14 -8E -1D as follows:
D. State Historic Preservation Office Review: Following the public hearing before the
historic preservation commission, any the proposal regarding a local historic district
will be submitted to the state historic preservation office (SHPO) for review and
recommendations. The city will make any recommendations made by SHPO the state
historic -preservation -office available to the public for viewing during normal business
hours at a city government place of public access. Any proposals regarding
conservation districts and/or local historic landmarks need not be submitted to
SHPO.
Amend 14 -8E -1E as follows:
5. If the planning and zoning commission alters the area of the proposed district as
approved by the historic preservation commission, the planning and zoning commission
must submit a description of the altered proposed area or the petition describing the area
to the state historic preservation office where required and the historic preservation
commission for review and recommendations concerning the altered proposed district.
Kirk Lehmann
From: Anne Russett
Sent: Monday, April 25, 2022 9:22 AM
To: Kirk Lehmann; Jessica Bristow
Subject: FW: Draft Ordinance for SHPO Review
FYI. See below from CLG coordinator.
From: Archambo, Allison <allison.archambo@iowa.gov>
Sent: Friday, April 22, 2022 2:22 PM
To: Anne Russett <ARussett@iowa-city.org>
Subject: Re: Draft Ordinance for SHPO Review
Hi Anne,
Thank you for submitting the ordinance changes to our office for review. I see no concern with making these changes to
the ordinance. Please proceed.
Thank you,
Allison
On Wed, Apr 20, 2022 at 8:45 AM Anne Russett <ARussett@iowa-citv.org> wrote:
Hi, Allison —
Thanks for speaking with me last Friday about some code amendments City staff is considering. I have attached a draft
for your review and comment. You can access Title 14 Zoning here, if needed:
https://codelibrary.amlegal.com/codes/iowacityia/latest/iowacity ia/0-0-0-19281.
I also wanted to summarize our changes and justification for the changes:
Amend 14 -2A -7B, 14 -2B -8A, and 14 -2C -11A related to Historic Preservation Exceptions
Justification: The code allows the Board of Adjustment to grant a special exception to waive or modify
dimensional or site developments in residential and commercial zones that would prevent the use or occupancy
of a property designated as an Iowa City Landmark or listed in the National Register of Historic Places. The
proposed amendment would clarify that this includes properties located in a Local Historic District. For the
change we are recommending changing "designated as an Iowa City Landmark" to "located in a Historic District
Overlay (OHD)". This amendment is for clarification purposes and will ensure that the code aligns with how this
section has been implemented over the years. Furthermore, the provision already applies to properties listed in
the NRHP. This amendment results in no change in terms of code implementation and interpretation.
Strike 14 -3B -1D "Designated Resources" and 14 -3B -2D "Designated Resources"
Justification: City Council designates Local Historic Districts and Landmarks by listing them in 14 -3B -1D and rezoning them Historic
District Overlay (OHD). Local Conservation Districts are listed in 14 -3B -2D and rezoned Conservation District Overlay (OCD).
However, the codified lists are irregularly updated and are redundant with the rezoning ordinances passed by Council when a
property is designated. City staff keeps a list of local districts and landmarks that we would like to be able to update
administratively (as opposed to processing a text amendment). Lastly, based on conversations with the City Attorney's Office they
are concerned that if the codified list is not properly maintained it could result in challenges.
Amend 14-3B-2 as follows:
A. Purpose: The conservation district overlay (OCD) zone is used to designate conservation districts. The
purpose of this overlay zone is to:
1. Conserve the unique characteristics of older neighborhoods and resources, including their architectural,
historical and aesthetic qualities;
2. Provide for design review of new construction or alteration of existing resources to assure compatibility
with the existing character of older neighborhoods and preserve the historic integrity of the resource;
3. Encourage the retention, rehabilitation and appropriate maintenance of existing buildings, structures and
sites in older neighborhoods;
4. Stabilize property values and encourage reinvestment in older neighborhoods; and
5. Protect the environmental setting of historic landmarks and historic districts through the designation of
conservation districts adjacent to historic landmarks and historic districts.
Justification: Specifying that the OCD abbreviation is used for Conservation District Overlay zones connects the designation on the
zoning map with the zone it represents.
Amend 14 -8E -1C as follows:
1. Upon receipt of an application for historic landmark designation or following initiation of a proposal to
designate a historic or conservation district, the historic preservation commission will hold a public hearing on the
proposal.
2. The historic preservation commission will give notice of the time, date, place and subject matter of such
public hearing - -
2
Such notice shall
be sent by ordinary mail, not less than seven (7) days before the date the hearing is held, to the owner
and any contract purchaser of record of each property or property interest at the owner's and contract
purchaser's last known address as shown in the records of the County Auditor not more than fourteen
(14) days prior to the date of mailing. A change in ownership of any such property which is not reflected
in the records of the County Auditor during the period those records are searched as above provided
shall not affect the validity of the notice or any condemnation proceeding commenced on the basis of
such notice. An affidavit of mailing will be filed with the city clerk setting forth the date that notice was mailed
and the names and addresses of all property owners notified pursuant to this subsection.
3. Following the public hearing, the historic preservation commission will consider a motion recommending
approval of the proposed district or historic landmark.
4. Upon approval of the motion, the historic preservation commission will submit an application to rezone
the proposed area to historic district overlay or conservation district overlay, whichever is applicable. For
properties proposed as local historic landmarks, an application for a historic district overlay rezoning must be
submitted.
Justification: The Zoning Code requires that public notice be mailed, though the current requirements have been a source of
confusion and complaint. Revising public notice mailing procedures will more clearly codify the process staff will follow.
Amend 14 -8E -1D as follows:
D. State Historic Preservation Office Review: Following the public hearing before the historic preservation
commission, the proposal regarding a local historic district will be submitted to the state historic
preservation office (SHPO) for review and recommendations. The city will make any recommendations made by
SHPO - . ' - available to the public for viewing during normal business hours at
a city government place of public access. Any proposals regarding conservation districts and/or local
historic landmarks need not be submitted to SHPO.
Justification: The code also requires that the designation of all Local Historic Districts, Local Conservation Districts, and Local
Historic Landmarks be submitted to the State Historic Preservation Office (SHPO), even when the SHPO will not review it. Revising
the SHPO submittal requirements will help align City policy with SHPO policy, which will streamline submittals and prevent
unnecessary work.
Amend 14 -8E -1E as follows:
5. If the planning and zoning commission alters the area of the proposed district as approved by the historic
preservation commission, the planning and zoning commission must submit a description of the altered
proposed area or the petition describing the area to the state historic preservation office where required and the
historic preservation commission for review and recommendations concerning the altered proposed district.
3
Justification: Continuation of the item immediately above.
Please let me know if you have any questions. We will await your comments before moving this forward to the Historic
Preservation Commission and then Planning & Zoning and City Council.
Thanks, Anne
CITY OF IOWA CITY Anne Russett, AICD
UNESCO CITY O! LITERATURE
WWW.ICGOV.ORG
Disclaimer
Senior Planner
She/Her/Hers
p: 319-356-5251
410 E Washington St
Iowa City, IA 52240
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or
taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
Allison Archambo
CLG Coordinator
Allison.Archambo@iowa.ciov 1 515.281.6826 1 iowaculture.gov
Pronouns: She/Her/Hers
Iowa Arts Council 'Produce Iowa 1 State Historical Society of Iowa
Iowa Department of Cultural Affairs
4
MINUTES
PLANNING AND ZONING COMMISSION
JUNE 1 5, 2022 — 6:00 PM — FORMAL MEETING
EM MA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Maria Padron, Billie
Townsend
MEMBERS ABSENT: Mark Nolte, Mark Signs
STAFF PRESENT: Sara Hektoen, Anne Russett
OTHERS PRESENT:
RECOMMENDATIONS TO COUNCIL:
By a vote of
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. REZ22-0009:
Consideration of an amendment to Title 14, Zoning to clarify historic preservation related
regulations.
Russett began the staff report noting that the proposed amendment is considered by staff to be
code cleanup. There are four minor amendments that they're proposing tonight. The first is to
clarify Historic Preservation exception applicability. The second is to remove the list of local
landmarks, historic districts and conservation districts from being codified within the text of the
code. The third item is to add an abbreviation for conservation overlay zones or OCD and the
fourth is related to Public Hearing Notification procedures. All of these amendments have been
reviewed by the State Historic Preservation Office's CLG coordinator (certified local government
coordinator), which is the State employee who works with historic preservation programs across
the state and she had no concerns with the proposed amendment. The Historic Preservation
Commission also recommended approval of these amendments at their meeting last week
Russett stated the first proposed amendment is related to clarifying historic preservation,
exception applicability and the Iowa City zoning code includes exceptions for historic
preservation purposes. The code allows the Board of Adjustment to grant a special exception to
waive or modify dimensional or site development standards in residential and commercial zones
that would prevent use or occupancy of a property that's designated as a local historic landmark
or registered in the National Register. It also allows the Board to grant a special exception to
Planning and Zoning Commission
June 15, 2022
Page 2 of 5
adaptively reuse a building that's designated as an Iowa City landmark or listed in the National
Register to certain other uses that are typically not allowed in the zone. The proposed
amendment would clarify that the exceptions apply to properties located in a historic district
overlay zone (or zoned OHD), which includes both local historic districts and local historic
landmarks. This does not change how staff has interpreted this section over the years
historically, staff has applied this code section to both local landmarks and local districts, so this
is for clarification purposes.
The next amendment is to remove the list that's currently in the code of local historic landmarks,
local historic districts and local conservation districts. These districts and landmarks will still exist,
it will just take the list of all the districts and all the landmarks out of the code. Staff uses several
methods to track historic properties, the main one is through the rezoning process when City
Council adopts a rezoning and zones land OHD, or a historic district overlay. Staff also
administratively keeps a list of all landmarks in all districts within the City and that's available on
the City website. This separate list that's codified of all the districts and landmarks in the zoning
code is not regularly updated and is redundant from the rezoning ordinance that are adopted by
Council, so staff is recommending that they be removed from the code and instead rely on the
ordinances that are adopted by Council and the staff administrative lists.
The third is to add an abbreviation for conservation overlay zone or OCD. This abbreviation is on
the zoning map, but it's not within the zoning code. This will allow the zoning text to be consistent
with the zoning map.
The last proposed amendment is related to the public notification procedures for public hearings
at the Historic Preservation Commission. Russett explained after receipt of an application for a
historic landmark, or a local historic district or local conservation district, the zoning code requires
that a public notice be mailed. However, the current requirements have been a source of
confusion and complaints from property owners, so the proposed amendment would clarify the
staff's mailing procedures and who gets notified of the proposed rezoning. The code also
requires that proposed local historic districts, local historic landmarks and local conservation
districts be submitted to the State Historic Preservation Office for review, however, the State will
not review local historic landmarks or local conservation districts so the code is going to be
updated to clarify that the State will only review local historic districts and that will help align City
policy with State policy related to those reviews. Russett did note planning staff is also working
with the City Attorney's Office on some minor text changes to the mailing procedures.
Staff is recommending that the zoning code be amended as illustrated in the memo to address
numerous code cleanup items related to historic preservation.
Padron asked regarding the OCD when reading the entire wording, why doesn't it match.
Russett doesn't know why it was set up that way but it's the same for historic district overlays,
which are OHD, so for some reason, the abbreviation has the 0 come first and this is just staying
consistent with how it's done.
Planning and Zoning Commission
June 15, 2022
Page 3 of 5
Craig asked for some background on the State Historical Preservation Office, she looked at their
website briefly but couldn't really see where their charter came from or what they have the
authority to do. Russett explained they give some discretion to the historic preservation
commissions, but they operate the certified local government program and there are certain
benefits and incentives that come along with being a certified local government such as access
to grants and technical assistance. Craig asked if there are some state tax benefits of being in a
historical district, or just local. Russett confirmed that SHPO also deal with the state historic
preservation tax credits. She added they also would review any national register nomination that
the City would propose and review a proposal for a local historic district.
Hensch noted he is surprised that the was put in the code since it could be constantly changing,
therefore this amendment makes perfect sense. He also was surprised to learn that State
Historic Preservation Office isn't interested or won't review the local historic landmark
designations, he just assumed that's what they did.
Hensch opened the public hearing.
Seeing no one, Hensch closed the public hearing.
Padron moved to recommend that the Zoning Code be amended as illustrated in
Attachment 1 to address code clean-up items relating to historic preservation. Seconded
by Craig.
A vote was taken and the motion passed 5-0.
CONSIDERATION OF MEETING MINUTES: MAY 18, 2022:
Townsend moved to approve the meeting minutes of May 18, 2022.
Martin seconded the motion.
A vote was taken and the motion passed 5-0.
PLANNING AND ZONING INFORMATION:
Russett gave some Council related updates, first, Council recommended denial of the proposed
MidAmerican substation in the County. Council did recommended approval of the accessory
dwelling unit on American Legion Road in the County. They adopted the drinking establishment
text amendment related to the door between the drinking establishment and the retail use and
they adopted the text amendment related to private basic utilities in P zones. Council also
approved the final plat for Hickory Trail.
Russett also announced today is Commissioner Martin's last meeting and presented her with a
Planning and Zoning Commission
June 15, 2022
Page 4 of 5
certificate of appreciation for more than 10 years of service to the community as a member of the
Iowa City Planning and Zoning Commission.
Craig wondered if staff could talk a little bit about the conversation about the North Side
becoming a SSMID. Russett noted the City hasn't received an application or anything. Craig
noted it might just be somebody floating an idea, there was an article in the Press Citizen.
ADJOURNMENT:
Townsend moved to adjourn.
Craig seconded.
A vote was taken and the motion passed 4-1 (Martin in the negative as it was her last meeting).
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2021-2022
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
7/1
7/15
8/5
8/19
9/2
9/16
10/7
10/21
11/4
1/5
2/2
2/16
3/2
4/20
5/4
5/18
6/15
CRAIG, SUSAN
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
HENSCH, MIKE
X
X
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
O/E
O/E
O/E
X
O/E
X
O/E
X
X
O/E
X
X
X
X
X
X
NOLTE, MARK
X
X
X
O/E
X
O/E
O/E
X
X
0
0
X
O/E
X
O/E
X
0
PADRON, MARIA
X
X
X
X
X
X
X
O/E
X
O/E
X
X
X
X
X
O/E
X
SIGNS, MARK
X
X
X
X
X
X
X
X
X
X
X
X
O/E
X
X
X
O/E
TOWNSEND, BILLIE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
KEY:
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
MINUTES
HISTORIC PRESERVATION COMMISSION
JUNE 9, 2022
EMMA HARVAT HALL
PRELIMINARY
MEMBERS PRESENT: Carl Brown, Kevin Boyd, Sharon DeGraw, Cecile Kuenzli, Kevin
Larson, Jordan Sellergren, Noah Stork, Frank Wagner
MEMBERS ABSENT: Margaret Beck, Deanna Thomann
STAFF PRESENT: Jessica Bristow, Kirk Lehmann
OTHERS PRESENT: Michael Nolan
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Boyd called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none
CONSENT AGENDA: CERTIFICATE OF APPROPRIATENESS:
502 Clark Street in Clark Street Conservation District
Bristow said that the original house was relocated to the back of the lot and the new house was
built around 1948. Additions were made before there was a Conservation District and are
grandfathered in. These included a garage and breezeway. This project includes removing
interior walls and a deck. This area will be filled in and a deck will be added in a different
location. Some of the old roof will be removed to allow for the addition and replaced with a
gabled roof.
Bristow presented slides of the new project and described the addition. There will be a single
full -light door and pairs of windows. The original window pattern was single windows, but the
back contains pairs that would be matched. The deck will match the trim and shingled siding.
Guidelines call for the deck to be set in 8 inches from the side walls. This won't make it invisible,
but it would make it less so. Nolan, from Horizon Architecture, stated they have no issues with
the staff recommendations.
MOTION: Sellergren moved to approve a Certificate of Appropriateness for the project at 502
Clark Street as presented in the application, with the following conditions: The full light door is
wood or fiberglass, the new windows are wood or metal clad wood matching the window
configuration on the house, the windows in the addition are either single or separated with wood
trim if paired, and the deck is revised to be set in 8 inches from the north wall of the original
house. DeGraw seconded the motion. The motion carried on a vote of 8-0 (Beck and
Thomann absent).
CONSIDERATION OF AN AMENDMENT TO TITLE 14, ZONING
The purpose of this amendment is to clarify historic preservation related regulations. Lehmann
stated that the Planning and Zoning Commission was reviewing code and the chair of that
HISTORIC PRESERVATION COMMISSION
April 14, 2022
Page 2 of 4
commission asked for recommendations on four preservation related items. 1) Historic
Preservation exceptions that are allowed within zoning code. This change would clarify that the
use is for both the Historic District Overlay zone and historic landmarks. This is consistent with
the way it is being interpreted now. 2) Remove the list of local landmarks, historic districts, and
conservation districts from the zoning code. This information is defined and tracked elsewhere.
3) Add OCD abbreviation for conservation districts into the zoning code language to align with
other documentation. 4) Clarify historic preservation commission procedures: define the process
for mailing public notices, and only send items to the State Historic Preservation Office that they
need to review.
Commissioners had numerous questions and concerns about these changes and Lehmann
responded with clarifications and answers. Kuenzli stated that she thought Item 2, removal of
the list of properties, would be confusing for the public and Stork agreed. Kuenzli added that the
text does not accurately represent who approves exemptions related to historic preservation.
Boyd was concerned that the changes weren't originally going to be sent to HPC for feedback.
He stated that he sent an email to city staff requesting that HPC be involved in the review
process, but his request was denied. He then sent a letter to the Planning and Zoning Chair and
Commission. They responded that they would pass it on. He wanted to know what happened
between the time he initially emailed and approval for HCP to review. Boyd also requested
adding the landmark list and map to the city website. All agreed and the motion was amended.
MOTION: Brown moved to approve the zoning code to be amended as illustrated in attachment
1 to address numerous code cleanup items related to historic preservation. Amended to include
that the city makes all landmarks available to the public on the website. Wagner seconded the
motion. The motion carried on a vote of 8-0 (Beck and Thomann absent).
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF.
Certificate of No Material Effect - Chair and Staff Review.
630 Ronalds Street
Bristow noted this is for a new foundation and is in the Brown Street Historic District
Minor Review - Staff Review.
228 South Summit Street
This project replaces the railing on all of the balconies on this landmark property
737 Grant Street
The rear stoop will be replaced and extended slightly to create an easy transition to the
driveway.
914 Dearborn Street
The front balustrade will be replaced with a similar attachment. A full replacement of the front
stoop would change the attachment
918 Iowa Avenue
A rear step and stoop are being replaced.
HISTORIC PRESERVATION COMMISSION
April 14, 2022
Page 3 of 4
625 South Governor Street
This project is a new garage off the alley. Since the garage follows the guidelines, will match the
house and will be located where there is no garage currently, it could be staff reviewed.
727 Rundell Street
This owner has been completing several projects including this solar installation which will be
located on the south -facing slope of this front -gabled bungalow.
431 North Van Buren Street
Along with repair of all of the other windows, one window in this house will have new sashes
since the original configuration has been altered.
Intermediate Review - Chair and Staff Review
2525 Highlander Place
The Commission previously approved extensive rehabilitation of the property including the
return of south and west entrance canopies to their historic configuration. This minor change
was to also replace all of the guest room windows with new windows more closely matching the
original configuration.
CONSIDERATION OF MINUTES FOR MAY 12, 2022:
MOTION: DeGraw moved to approve the minutes of the Historic Preservation Commission's
May 12, 2022, meeting, as written. Sellergren seconded the motion. The motion carried on a
vote of 8-0 (Beck and Thomann absent).
COMMISSION DISCUSSION:
1) Historic Preservation Awards. Beck, Boyd, DeGraw, Kuenzli, and Wagner will be on the
awards committee. They will find a date to meet.
2) Commissioner goodbyes: Boyd and others thanked retiring commission members DeGraw
and Kuenzli for their service and shared stories.
3) Boyd shared his thoughts on Pride Week in Iowa City, along with some history of local
oppression and comments of hope for continuing progress.
ADJOURNMENT:
Kuenzli moved to adjourn the meeting. DeGraw seconded. The meeting was adjourned at 6:29
pm.
Minutes submitted by Kathy Fitzpatrick
HISTORIC PRESERVATION COMMISSION
April 14, 2022
Page 4 of 4
HISTORIC PRESERVATION COMMISSION ATTENDANCE RECORD
2021-2022
NAME
TERM
EXP.
7/08
7/21
8/12
9/09
10/14
11/18
12/9
01/13
2/15
3/10
4/14
5/12
6/9
BECK,
MARGARET
6/30/24
X
X
X
X
X
X
X
X
X
X
--
X
O/E
BOYD, KEVIN
6/30/23
x
X
X
X
X
X
X
X
O/E
X
X
X
X
BROWN,
CARL
6/30/23
X
O/E
X
X
O/E
O/E
X
O/E
O/E
X
X
O/E
X
DEGRAW,
SHARON
6/30/22
O/E
O/E
X
X
X
X
O/E
X
X
X
X
X
X
KUENZLI,
CECILE
6/30/22
X
X
O/E
X
X
X
X
X
O/E
X
X
X
X
KIPLE, LYNDI
6/30/22
X
--
--
--
--
--
--
--
--
--
--
--
--
LARSON,
KEVIN
6/30/24
x
X
O/E
X
O/E
X
X
0
X
0
--
X
X
SELLERGREN,
JORDAN
6/30/22
X
X
X
X
X
0/EX
X
X
X
X
X
X
STORK, NOAH
6/30/24
X
X
X
O/E
X
X
X
X
X
O/E
X
O/E
X
THOMANN,
DEANNA
6/30/23
O/E
X
X
O/E
X
O/E
O/E
X
X
O/E
X
X
O/E
WAGNER,
FRANK
--
--
X
X
X
X
X
X
X
X
--X
X
KEY: X = Present
0 = Absent
O/E= Absent/Excused
--- = Nota Member
Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
Ordinance amending Title 14, Zoning of the Iowa City Code to clarify
code language related to historic preservation. (REZ22-0009)
Whereas, the City of Iowa City aims to make its Zoning Code as clear as possible; and
Whereas, clarification is required that special exceptions for historic properties in
residential and commercial zones applies to properties zoned with a historic overlay
designation, including those zoned in a historic district and local historically zoned landmarks;
and
Whereas, Local Historic Landmarks, Local Historic Districts, and Local Conservation
Districts are designated as such through rezoning ordinances and therefore need not be
codified in the Zoning Code; and
Whereas, it is in the public interest to clarify the public notice mailing procedures for
Historic Preservation Commission; and
Whereas, it is in the public interest to only require submittal of historic review applications
to the State Historic Preservation Office that the State Historic Preservation Office will actually
review; and
Whereas, the State Historic Preservation Office completed a review of these changes on
April 22, 2022 and noted no concerns with the changes; and
Whereas, the Historic Preservation Commission recommended approval of these
changes at their meeting on June 9, 2022; and
Whereas, the Planning and Zoning Commission recommended approval of these changes
at their meeting on June 15, 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 1. Title 14 of the Iowa City Code is hereby amended by deleting the strikethrough
text, adding the underlined text, and renumbering the subsequent paragraphs accordingly:
Amend 14 -2A -7B, Historic Preservation Exceptions, as follows
B. Historic Preservation Exceptions:
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
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) : - - - 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, Historic Preservation Exceptions, as follows
A. Historic Preservation Exceptions:
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
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) : - - - - - - - - • - • . k 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 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 -11A, Historic Preservation Exception, 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) : - ' : - - - - - ' 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 Ceommission.
Delete 14 -3B -1D, Historic District Overlay Zone, Designated Resources, in its entirety.
Amend 14 -3B -2A, Purpose, as follows
A. Purpose: The conservation district overlay (OCD) zone is used to designate
conservation districts. The purpose of this overlay zone is to:
1. Conserve the unique characteristics of older neighborhoods and resources, including
their architectural, historical and aesthetic qualities;
2. Provide for design review of new construction or alteration of existing resources to
assure compatibility with the existing character of older neighborhoods and preserve the
historic integrity of the resource;
3. Encourage the retention, rehabilitation and appropriate maintenance of existing
buildings, structures and sites in older neighborhoods;
4. Stabilize property values and encourage reinvestment in older neighborhoods; and
5. Protect the environmental setting of historic landmarks and historic districts through
the designation of conservation districts adjacent to historic landmarks and historic districts.
Delete 14 -3B -2D, Conservation District Overlay Zone, Designated Resources, in its
entirety.
Amend 14 -8E -1C, Historic Preservation Commission Public Hearing, as follows
C. Historic Preservation Commission Public Hearing:
1. Upon receipt of an application for historic landmark designation or following initiation
of a proposal to designate a historic or conservation district, the historic preservation
commission will hold a public hearing on the proposal.
2. The historic preservation commission will give notice of the time, date, place and
subject matter of such public hearing
. Such
notice shall be sent by ordinary mail_not less than seven (7) days before the date the
hearing is held, to the owner of record of each property or property interest at the
owner's last known address as shown in the records of the Iowa City Assessor not
more than fourteen (14) days prior to the date of mailing. A change in ownership of
any such property which is not reflected in the records of the Iowa City Assessor
during the p-er iud those! et..01ds are -sew -died -as above provided, shall not affect the
validity of the notice. An affidavit of mailing will be filed with the city clerk setting forth the
date that notice was mailed and the names and addresses of all property owners notified
pursuant to this subsection.
3. Following the public hearing, the historic preservation commission will consider a
motion recommending approval of the proposed district or historic landmark.
4. Upon approval of the motion, the historic preservation commission will submit an
application to rezone the proposed area to historic district overlay or conservation district
overlay, whichever is applicable. For properties proposed as local historic landmarks, an
application for a historic district overlay rezoning must be submitted.
Amend 14 -8E -1D, State Historic Preservation Office Review, as follows
D. State Historic Preservation Office Review: Following the public hearing before the
historic preservation commission, any the proposal regarding a local historic district will
be submitted to the state historic preservation office (SHPO) for review and
recommendations. The city will make any recommendations made by the state historic
preservation office available to the public for viewing during normal business hours at a city
government place of public access. Any proposals regarding conservation districts
and/or local historic landmarks need not be submitted to SHPO.
Amend 14 -8E -1E, Planning and Zoning Commission Review, as follows
5. If the planning and zoning commission alters the area of the proposed district as
approved by the historic preservation commission, the planning and zoning commission
must submit a description of the altered proposed area or the petition describing the area to
the state historic preservation office where required and the historic preservation
commission for review and recommendations concerning the altered proposed district.
Section II. Repealer. AH ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance
as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval,
and publication, as provided by law.
Passed and approved this day of , 2022.
Mayor
Approved by
Attest:
City Clerk City Attorney's Office
(Sara Greenwood Hektoen — 07/05/2022)
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 7/12/2022
Vote for passage:
Thomas, Weiner
Second Consideration
AYES: Alter, Bergus, Harmsen, Taylor, Teague,
Vote for passage:
Date published
Item Number: 11.b.
CITY OE IOWA CITY
www.icgov.org
July 12, 2022
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). (Pass & Adopt)
ATTACHMENTS:
Description
PZ Staff Report
PZ Meeting Minutes
Ordinance & CZA
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Anne Russett, Senior Planner
Item: REZ22-0005 Date: May 4, 2022
GENERAL INFORMATION:
Applicant: Civil Engineering Consultants, Inc
Marty Dostalik
dostalik(a�ceclac.com
Contact Person:
Lillis O'Malley
Chris Pose
cpose@lolaw.com
Owner: Lake Calvin Properties, LLC & Sycamore
Apartments
Requested Action:
Purpose:
Location:
Location Map:
Size:
Rezoning to Neighborhood Public (P-1)
Development of an electric substation
South of Lehman Ave and west of the Sycamore
Greenway
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:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
2-8 Dwelling Units per Acre
South District, Form -Based Land Use
N/A
Staff posted rezoning signs and send out
neighbor letters to property owners and
individuals residing within 500' of the proposed
rezoning
3/31/2022
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
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
0 0.05 0.1 0.2 Miles
I i LI I
REZ22-0005
MidAmerican Energy Company Substation
1 I
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CITY OF IOWA CITY
Prepared By: Emani Brinkman
Date Prepared: April 2022
SYCAMORE ST SE
KOUNTRY, LN
HARMONY LN SE
ANDERSON AVE SE
LLOYD AVE SE
Ur,
An application submitted by submitted by Civil Engineering
Consultants, 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).
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN LLP
ATTORNEYS AT LAW
(ESTABLISHED 1917)
317 SI cm AVENUE, SurrE 300
DES MOINES, IOWA 50309-4127
MICHAEL W. O'MALLEY
EUGENE E. OLSON
DANIEL L. MANNING, SR.
CHRISTOPHER R. POSE
JOEL B. TEMPLEMAN•
DANIEL M. MANNING, JR.
'LICENSED IN IOWA & ILLINOIS
Via Email
Ann Russett
Senior Planner
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
TELEPHONE (515) 243-8157
FAX (515) 243-3919
W W W.LILLISOMALLEY.COM
Writer's Email Address: cpose@lolaw.com
March 31, 2022
JOHN CONNOLLY, JR. (1891-1975)
GEORGE E. O'MALLEY (1905-1982)
JOHN CONNOLLY III (1918-1998)
BERNARD J. CONNOLLY (1920-1970)
C. I. MCNUTT (1901-1958)
STREETAR CAMERON (1957-2008)
WILLIAM J. LILLIS (1943-2019)
Re: REZ22-005 — Applicant Statement
Dear Ann:
On behalf of MidAmerican Energy Company, I provide the following statement as to
why the zoning change is warranted.
MidAmerican Energy Company has been seeking a substation site in this area since 2015.
The substation is an essential piece of infrastructure to serve the area and growth needs of the
South District Comprehensive Plan. After conversations with the City, it was determined that the
present site which is adjacent to an existing transition line and adjacent to the future wastewater
treatment area buffer park would be a suitable location for an electric substation. This rezoning
to a P-1 district classification will provide an essential item of public infrastructure which will
serve electric distribution needs for the surrounding area.
If you have any questions concerning this application, please don't hesitate to contact me.
Sincerely,
X1/4,9
Christopher R. Pose
For the Firm
CRP/ta
CC: Marty Dostalik
Mike Pugh
Dawn Carlson
Jon Austin
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OWNER: SYCAMORE APARTMENTS
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LILLIS O' MALLEY OLSON MANNING POSE TEMPLEMAN LLP
ATTORNEYS AT LAW
(ESTABLISHED 1917)
317 SIXTH AVENUE, SUITE 300
DES MOINES, IowA 50309-4127
MICHAEL W. O'MALLEY
EUGENE E. OLSON
DANIEL L. MANNING. SR.
CHRISTOPHER R. POSE
JOEL B. TEMPLEMAN*
DANIEL M. MANNING. JR.
'LICENSED IN IOWA & ILLINOIS
TELEPHONE (515) 243-8157
FAX (515) 243-3919
wW W.LILLISOMALLEY.COM
Writer's Email Address: cpose@lolaw.com
April 19, 2022
Via Email: arussett@iowa-city.org
Anne Russett
Senior Planner
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240-1826
Re: REZ22-005 — Good Neighbor Meeting Report
Dear Anne:
In accordance with the spirit of the City's "Good Neighbor
the following report.
MidAmerican Energy Company agrees this policy furthers
issues. We encouraged dialogue with owners surrounding the site.
The following owners of land are present near the site:
Sycamore Apartments n/k/a Sycamore LLC
Sycamore Farms Company
Pleasant Valley LP
JOHN CONNOLLY. JR. (1891-1975)
GEORGE E. O'MALLEY (1905-1982)
JOHN CONNOLLY III (1918-1998)
BERNARD J. CONNOLLY (1920-1970)
C. I. MCNUTT (1901-1958)
STREETAR CAMERON (1957-2008)
WILLIAM J. LILLIS (1943-2019)
Policy" I am providing you
good will and resolving of
Tenants: Within the Sycamore apartments there are 140 apartment units. We conferred
with Sycamore LLC on whether or not these tenants should be notified. Sycamore LLC indicated
that the tenants in the apartments have lease terms of one (1) year or less and did not see the need
for dialogue with these tenants as part of this process. To comply with their wishes and our
understanding that we are better off dialoging with owners we did not notify these tenants or
hold any kind of meeting with them.
Meetings were held in person and as follows:
A. Summary of meeting with Pleasant Valley L P regarding the proposed Lake
Calvin substation site.
Dawn Carlson, MEC Right of Way Services, and Jon Austin, MEC Substation
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
April 19, 2022
Page 2
Engineering, met with Pleasant Valley L P, (Aledo Feuerbach) on April 13. We
discussed at length the proposed substation site located west of the Pleasant
Valley property. Pleasant Valley's primary concern was how the substation will
be screened from view. We reviewed a similar substation landscaping plan and
the types of plantings typically used. Pleasant Valley requested we maximize the
screening by using taller trees if possible. Pleasant Valley suggested Norwegian
Spruce as a fast growing evergreen variety. We noted the overhead transmission
lines limit the height of plantings we can use with in the transmission corridor.
The landscaping will be per Iowa City standards at a minimum.
B. Meetings and discussions with Sycamore Apartments LLC and Sycamore Farms
Company have been held on numerous occasions before the application was filed.
Sycamore LLC is a Seller of land to MidAmerican Energy Company for this
project and is intricately involved in all project details and discussions. Sycamore
LLC has consented to the rezoning request and this development subject to
conditions as listed in the parties Purchase Agreement which include: (1) The City
buying the wastewater treatment buffer land to the south and; (2) the City
reviewing comprehensive plan designations for remaining land after the City
buffer purchase and the MidAmerican Energy Company substation purchase.
Please contact me if you have any questions regarding this report.
Sincerely,
Christopher R. Pose
For the Firm
CRP/ta
Cc: Michael Pugh (Via email)
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.
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Doc ID: 031936200008 Type GEN
Kind ORDINANCE
Recorded: 08/12/2022 at 10:17:19 AM
Fee Amt: $42.00 Page 1 of 8
Johnson County Iowa
Kim Painter County Recorder
BK6415 PG613-620
STATE OF IOWA )
) SS
JOHNSON COUNTY )
i r
tiWarilib*c
400 City of
A
I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached
hereto is a true and correct copy of Ordinance No. 22-4883 which was passed by the City Council of
Iowa City, Iowa, at a regular meeting held on the 12th day of July, 2022 is a true and correct copy, all
as the same appears of record in my office.
Dated at Iowa City, Iowa, this 11th day of August, 2022.
Kellie K. Fruehling
City Clerk
\erd
410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009
Prepared by: Emani Brinkman, Planning Intern 41OE.Washington Straot.Iowa City, b452240(REZ22'O0D5)
Ordinance'
No� 22-4883
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 PU=|i[(P-1). (REZ22-0005)
Whereas, MidAnlercan Energy Company, has requested a rezoning of property located south
of Lehman Ave & west of the Sycamore Greenway, from Interim Development - Multi Family
Residential (1D -RM) to Neighborhood PubIic (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 oubobeUon,
demonstration to the City that it has vehicular access to the subject property from Lehman
Axenuo, and required submission of an Auditor's Plat of Survey to align with the rezoning
boundaries, the requested zoning 15 consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2031) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning requeat, 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 propertvshall bedeveloped inaccordance vviththe terms and oond�ionmof
Conditional
Agreement attached hereto tnensure appropriate development inthis area
of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section l 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 SE1/4.SE1/4ofSection 20,T -79N.
R -6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, more particularly
described as foliows:
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 Recorder's office.
Section ||. Zlonimo Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, |cwva, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by Iaw.
Ordinance No. 22_4883
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. Severabilitv. 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 1 7rhday of J„1 y , 2022.
£ayor
Attest:
City Clerk
Approved by
•
1
City AttorneyiOfflce
(Sara Greenwood Hektoen - 06/02/2022)
Ordinance No. 22-4883
Page 3
It was moved by Weiner and seconded by Alter
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
X
x
x
x
X
z
ABSENT:
After
Bergus
Harmsen
Taylor
Teague
Thomas
Weiner
that
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:
NAYS: None.
Date published
06/21/2022
AYES: Weiner, Taylor, Teague, Thomas, Alter, Bergus
ABSENT: Harmsen
7/20/2022
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.G. (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 far 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 114, 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
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
2th day of
July
2
, 20 22
Cityc.o Iowa City
e Teague, Mayor
Attest:
Ate__ _
ell • Fruehling, 'ty Clerk
State of Iowa
) ss:
Johnson County )
Approved by:
City Attorney's Office
City of Iowa City Acknowledgement:
This instrument was acknowledged before me on J 1A) i/ J , 20 i Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, df the City of Iowa City.
C- 1 4
Notary Public in and for t State of Iowa
OWNER
Lake Calvin Properties, LLC
By:
(S amp..cre...iCormaillen_�_
MY COMMON S S
Mi/M04 14. 11
ItSs4
Lake Calvin Properties, LLC Acknowledgement:
State of /010 A
County of JV �ri5
This record was acknowledged before me on Svrte 12 , 2022 by
544 ve. try reit'II (name) as Vi/4-iii•'ei/ '4rt(titie) of Lake Calvin Properties, C.
ep ` MICHAEL J. PUGH
F Commission Number 175282
" My Commission Expires
or August 4, 2024
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
3
Sycamore, L.L.C.
By:
Sycamore, L.L.C. Acknowledgement:
State of 10144
County ofJ h ndOn
This record was acknowledged before me Qn -TU AC , 2022 by
54eVL 619rd i name as Vice a's#04 +� ie of Sycamore, L.L.C. /14€4:014,Ao 14M Al4 44x^440".6 14C • , Mls�fAfG"r"
j*t
4,,� MICHAEL
J.
175 82
•
/Ow I. • My Commission E,gsiros
August 4, 2024
APPLICANT:
MidAmerican Energy Company
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
BY: E�Ni
NI S- 110,., "4(E PizellV
MidAmerican Energy Company Acknowledgement:
State of SOU/4
County of 13701A/ ---
This
.'1(/–
This record was acknowledged before me on W.+, 6 , 2022 by
(4174 PVC (name) as 47 60 • _ title) of MidAmercan Energy Company.
PAMELA s HILSABECK
Commission Number 807333
My Com eS
a -2-
Notary Public in and fort e tate of Iowa
(Stamp or Seal)
My commission expires: I/ ' z-' .
4