HomeMy WebLinkAbout2025-01-21 OrdinanceItem Number: 8.a.
a
CITY OF IOWA CITY
"QF T-4 COUNCIL ACTION REPORT
January 21, 2025
Ordinance conditionally rezoning approximately 48.6 acres of property located north of N.
Scott Blvd. and east of N. Dodge St. from Office Research Park (ORP) zone and Interim
Development Research Park (ID -RP) zone to Mixed Use (MU) zone. (REZ24-0009) (Second
Consideration)
Attachments: Staff Report -w Attachments
PZ 11.20.24 minutes -excerpt
Ordinance
Request for expedited action - ACT
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0009 500 ACT Drive of
Iowa City
GENERAL INFORMATION:
Applicant/Owner
Contact Person:
Requested Action:
Purpose:
Location:
Location Map:
Size:
Existing Land Use; Zoning:
Prepared by: Anne Russett, Senior Planner
Date: November 20, 2024
Brad Spillman
ACT, Inc
Brad.spilIman (o-)-intermediaryed.org
Steve Long
Salida Partners
steve(d)_sal i d apart n ers. com
Jim Bergman
Iceberg Development
iim(a�inbice.com
Rezoning Office Research Park (ORP)/Interim
Development Research Park (ID -RP) to Mixed -Use
(MU)
Rezoning to MU to allow both residential and office
uses
East of N Dodge St and south of Interstate 80
Office Research Park (ORP)/Interim Development
Research Park (ID -RP)
K
Surrounding Land Use; Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
North: Undeveloped; Interim Development
Research Park (ID -RP)
South: Undeveloped; ID -RP
East: Undeveloped; ID -RP and Interim
Development Single -Family Residential (ID-
RS)
West: Office buildings; Office Research Park
(ORP) and Neighborhood Public (P-1)
Office Research Development Center
Northeast District Plan
NE1
Property owners and occupants within 500' of the
property received notification of the Planning and
Zoning Commission public meeting. A rezoning sign
was posted at the intersection of ACT Place and N
Scott Blvd.
October 29, 2024
December 14, 2024
The applicant, ACT, Inc. is requesting approval for the rezoning of 48.6 acres of land from Office
Research Park (ORP) / Interim Development Research Park (ID -RP), to Mixed -Use (MU) for land
located east of N. Dodge St. and south of Interstate 80. The proposed development would allow for
a mix of residential, commercial and office buildings. The rezoning exhibit and Applicant's Statement
are attached. [Attachments 2 and 3]
The subject property was annexed into the City between 1969 and 1972. It contains four parcels
which have never been platted. The largest of the parcels contains existing surface parking and two
buildings that formerly housed ACT's operations. Most of the space within these buildings is
currently vacant except a small portion that is still being used by ACT for offices.
The subject property also contains two private streets. ACT Place runs north from N. Scott Blvd.
ACT Drive runs in a circular fashion and connects with N. Dubuque Rd.
No specific development is currently being proposed; however, the developer has expressed
interest in adaptively reusing some of the existing buildings into senior housing while also leaving a
portion of the existing buildings for ACT office space.
Good Neighbor Policy: The applicant held a good neighbor meeting on Thursday, October 24tn
A summary of the meeting is attached. [Attachment 4]
ANALYSIS:
Current Zoning: The subject property is zoned Office Research Park (ORP) and Interim
Development Research Park (ID -RP). The ORP zone is intended for areas with development of
large office and research firms and other complementary uses. The zone allows office uses, hotels,
3
light manufacturing, and other more industrial type uses.
The ID -RP zone is intended for areas with 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 only use permitted by right in this zone is plant related agricultural. All
other uses allowed in the zone are allowed provisionally or though a special exception. Examples
include detached single family homes, animal related commercial uses, utility scale solar facilities,
and communication transmission facilities.
Proposed Zoning: The applicant is proposing to rezone the subject property to the Mixed Use
(MU) zone. The purpose of the MU zone is to provide a transition from commercial and
employment centers to less intensive residential zones. The MU zone permits a mix of uses,
which requires special consideration of building and site design.
Table 1 shows the uses that are allowed in the MU zone. It includes a range of residential uses
from detached single family to duplexes to multi -family dwellings. Multi -family dwellings are
allowed at a density of 2,725 sq ft of lot area per unit. Based on the size of the subject property it
could accommodate up to 778 dwelling units. MU also allows office uses and a variety of retail
uses. Some institutional uses, like education facilities and religious/private group assembly uses
are also allowed. The MU zone does not allow drive -through facilities.
Table 1. Uses Allowed in the MU Zone
Use Categories
Subgroups
MU
Residential
Group living uses
Assisted group living
PR
Fraternal group living
Independent group living
Household living uses
Attached single-family dwellings
PR
Detached single-family dwellings
P
Detached zero lot line dwellings
PR
Duplexes
PR
Group households
PR
Multi -family dwellings
P
Commercial
Eating establishments
S
Office uses
General office
P
Medical/dental office
P
Retail uses
Alcohol sales oriented retail
PR
Hospitality oriented retail
PR
Personal service oriented
PR
Sales oriented
PR
Community service uses
Community service - shelter
S
General community service
S
Daycare uses
PR
Educational facilities
General
PR
Specialized
PR
CI
Parks and open space uses
PR
Religious/private group assembly uses
PR
Communication transmission facility uses
PR
*P = Permitted; PR = Provisional (subject to additional use specific standards); S = Special
Exception (requires review and approval by the Board of Adjustment)
Rezoning Review Criteria:
Staff uses the following two criteria in the review of a rezoning:
1. Consistency with the comprehensive plan;
2. Compatibility with the existing neighborhood character.
Compliance with Comprehensive Plan: The proposed development is reviewed using the
IC2030 Comprehensive Plan and the Northeast District Plan.
The Future Land Use Map of IC2030 identifies the subject property as appropriate for Office
Research Development Center. The proposed MU zoning designation allows for commercial
office development envisioned by the comprehensive plan. It also allows for residential uses.
Although the FLUM does not envision residential uses there are principles outlined in the plan
that speak to compatible infill development and the need for a diversity of housing types.
Specifically, the plan states that "Quality infill development plays an important role in
neighborhood reinvestment and may include rehabilitating existing structures or encouraging new
development of vacant, blighted, or deteriorated property. Development of infill sites should add
to the diversity of housing options without compromising neighborhood character or over-
burdening infrastructure, including alleys and parking."
In terms of housing, the plan states that "A mix of housing types within a neighborhood provides
residential opportunities for a variety of people, including singles, couples, families with children,
and elderly persons. Integrating diverse housing sizes and types throughout the community
increases the opportunity for people to live in the same neighborhood throughout the stages of
life. A rich mix of housing within a neighborhood may include single- family homes on small and
large lots, townhouses, duplexes, small apartment buildings, and zero- lot -line housing, as well
as apartments in mixed- use buildings located in neighborhood commercial areas and the
Downtown."
Based on conversations with the applicant there is an interest in adaptively reusing the existing
structures, while also adding additional housing to the area. The proposed MU zone would allow
the structures to adaptively reused, allow some office uses to continue, and also allow a diversity
of housing types including single-family, duplex, and multi -family uses.
The Northeast District Plan also provides some guidance on this area. It provides some flexibility
in terms of land uses in this area. The plan states "Office uses could serve as a buffer between
the interstate and residential areas. The current zoning map shows approximately 275 acres off
office research park zoning adjacent to the interstate. Given the past rate of development of such
uses, this amount of land devoted to office park uses may be unrealistic. Alternative uses, such
as residential or the buffer area uses mentioned above, should be considered in this area."
Compatibility with Existing Neighborhood Character: The area surrounding the subject
property is largely undeveloped. To the north and east is undeveloped land owned by ACT. The
property is bordered on the south by N. Scott Blvd beyond which is more undeveloped land. To
the west of the subject property is the Iowa City Community School District's Center for Innovation
and Oaknoll's senior living community.
The proposed MU zoning is consistent with the surrounding area. Much of the land remains
9
undeveloped. Those parcels that are developed include a mix of non-residential and multi -family
uses.
Transportation and Access and Utilities: The property is accessed from the west from N.
Dubuque Rd. and from the south via ACT Place. ACT Place and a portion of N. Dubuque Rd are
private streets.
As part of the rezoning, staff requested a traffic study. [Attachment 5] The purpose of the traffic
study is to account for the maximum allowable density and the commercial uses that are the
highest traffic generators. The City Engineer has reviewed the traffic study and is satisfied with
the results. The traffic study notes that additional delays may occur; however, future
improvements are anticipated to help improve traffic operations within the site and surrounding
transportation network. At this point, staff is not recommending any off -site transportation
improvements. However, as the area around the subject property is rezoned for development staff
will require future traffic studies to analyze the impacts of surrounding development.
Since this area has never been platted, staff is recommending conditions to ensure that as the
area develops an interconnected block and street network is developed through the subdivision
process. Additionally, since the area and existing buildings are accessed via private streets staff
is recommending conditions to ensure that as the uses change from office to residential uses that
the existing streets comply with City street design and construction standards.
Staff is recommending a condition that prior to issuance of building permits for the construction of
new buildings or additions to existing buildings, the subject property shall go through the
subdivision process and obtain approval of a preliminary and final plat. The applicant intends to
adaptively re -use the existing buildings, which will require a building permit. Building permits may
be issued for adaptive reuse prior to approval of a preliminary and final plat. However, any
development beyond adaptive reuse of the existing buildings will require a subdivision prior to
issuance of any building permits. At the time of preliminary and final platting, the private streets
shall be dedicated as public right-of-way and an interconnected trail system must be identified.
This would include identified connections to the pedestrian paths along N. Dodge St and N. Scott
Blvd.
Lastly, staff is recommending conditions related to the private streets to ensure they meet City
street standards prior to the conversion and occupancy of the existing buildings to residential
uses. Staff recommends that prior to issuance of any building permit, the owner shall either
improve the private streets to City standards or escrow for 110% of the cost of improving the
private streets. Regardless, prior to the issuance of a certificate of occupancy for the residential
uses, the necessary improvements to the streets shall be made. These conditions ensure that as
the buildings transition to residential uses any needed upgrades to the streets will be made prior
to residents occupying the structures.
Environmentally Sensitive Areas: The subject property contains regulated sensitive features.
A sensitive areas development plan is not required at the time of rezoning; however, the applicant
has provided a document outlining the regulated sensitive features on the site. [Attachment 6].
At the time of preliminary platting the applicant will be required to submit a sensitive areas
development plan showing regulated sensitive features, proposed impacts, and construction limit
lines.
NEXT STEPS:
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration by the City Council.
C01
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0009. A proposal to rezone approximately 48.6 acres of land
located near 500 ACT Dr from Office Research Park (ORP) zone and Interim Development
Research Park (ID -RP) zone to Mixed Use (MU) zone subject to the following conditions:
a. Prior to issuance of building permits for the construction of new buildings or additions to
existing buildings, the subject property shall go through the subdivision process and obtain
approval of a preliminary and final plat.
b. Prior to issuance of any building permit, the owner shall improve the private streets to City
standards or escrow for 110% of the cost of improving the private streets to City standards.
The City would also accept a letter of credit. If the City Engineer finds that the present
condition of the private streets is found to sufficiently satisfy City standards, the City
Engineer may release this condition in writing.
c. Prior to issuance of a certificate of occupancy for any residential use the improvements
shall be made to ensure that the private streets meet City standards prior to the buildings
being converted to residences. If the City Engineer finds that the present condition of the
private streets is found to sufficiently satisfy City standards, the City Engineer may release
this condition in writing.
d. At the time of preliminary and final platting, the following must be addressed:
1. Private streets shall be dedicated as public right-of-way.
ATTACHMENTS:
1. Location & Zoning Maps
2. Rezoning Exhibit
3. Applicant's Statement
4. Good Neighbor Meeting Summary
5. Traffic Study — Excerpt
6. Regulated Sensitive Features
Approved by: i ] . -JtT-k.
Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location & Zoning Maps
ATTACHMENT 2
Rezoning Exhibit
1
3
REZONING EXHIBIT FROM OFFICE RESEARCH PARK (ORP) / INTERIM
DEVELOPMENT RESEARCH PARK (ID -RP) TO MIXED USE (MU)
IOWA CITY, IOWA
A
NORTH
LOCATION MAP J)
j
��
i o
--I
Jt'F4
=3 �TF NOT To ecALE �
w
�
LEGEND
H o�
rc c>
MIxED usE Mu Nwc
�o
QACT
NO
NIIA RLES N CA TA II PE
COM
NHA3TXA
Z
IOWA C TY, IOWA 52243
RN'1ATE SPY
_
Q LL H—
GROUP,LLC
DS IowA 524m
aisCEDaeaoe2T
0 Z LL
JCE=DEVELOPMENT
BSURVEYOR
M MAN
DEB SOINES, IA 50266
e
G H
J 0
Z
, LLL
N IOW 3CITYSTEVE LONG
CEDARRAPIDS, IOwA 52401
UJ
z
a 0
IOWACITY, IA52240
U
a R
TOIL AREA - 411 ACRES
PARCEL No. 1001327002(PARCEL I)
PLAT RE JOHNSON A
AND
PARCELNO. 1001327005(PARCEL2)
AUD TOP A EL2011025 OWAC
3,7 PLAT L 3OROS
PARC AND 1002401001(PARCE)
CD BED AS FOLLOWS BEG NNNGATTHENORT
I JOHNSON COUNTY OWA ACCORDING TO THE PIT THEREOF RECORDED IN
OFJOHNSON COUNTY, IOWA .
CORIP71NORTH DANGEIWESTOITHE5THPM
NER OF THE SOUTHEAST QUARTER OF SECTION 2,THENCE
o i
SOUTHERLY ALONG THE EAST LNE OF SAID SECTI ON 2
'0 THWESTE Ly TOA PONT ON THE NORTH UNE OF SAD SOUTHEAST
SECT ON 2 WH CH S10000FEETWESTE�LYOFTHEPONTOFBEGNNNG THENCE EASTERLY ALONG SA
OF THE SOUTHEAST QUARTER OF SECTION 2, 10000 FEET TO THE POINT OF BEGINNINGEICEPT NG TLEIEFIOM THAT PORTION CONVEYED TO THE CITY OF 10— CITY .
FOR wGHT-0E-wAYIN WARRANTY DEED
4
Z
RECORDED N BOOK 5303, PAGE355,
AND
RECORDS OF JOHNSON COUNTY, IOWA.
F
0 co
PARCEL No. 1001251003(PARCEL4)
THE SOUT=SSOTNIUCAITEl OF
W X
LLI
EX1
5AATEDRIGHTQFwAYQFQDDUB000ES EEABTRIGHTOF-OFACTDRIVEFORMERLYRNOWNABTHE
E
F
ATTACHMENT 3
Applicant's Statement
SHIVEHATTCRY
A R C H I T E C T U R E+ E N G I N E E R I N G
October 4, 2024
City of Iowa City Neighborhood & Development Services & Planning & Zoning Commission
Phone 1 319-356-5000
RE: Proposed Rezoning Applicant Statement
To Whom It May Concern,
On behalf of the current Ownership, ACT, Inc. and the Applicant, Iceberg Development, a rezoning
request is respectfully submitted as shown in the provided Rezoning Exhibit.
Under the current zoning of Office Research Park (ORP) / Interim Development Research Park (ID -RP),
the uses described are intended 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 applicant is proposing a Mixed -Use (MU) zoning designation that allows for a mix of uses such as
residential, commercial and office uses.
The 48.6 acres highlighted for the rezoning was once home to over 900 employees in multiple office
buildings on the ACT campus; however, circumstances have changed and now just one building is
partially occupied and the campus is mostly vacant. Most employees now work remotely, and the
industry has changed.
The proposed Mixed -Use zoning designation would blend with the surrounding uses, Iowa City
Community School District Center for Innovation, land along Highway 1 with commercial, and Oaknoll
East Lifecare Community.
The parcels to the south are adjacent to two arterial streets (Scott Boulevard and 1st Avenue), and the
parcels are near Highway 1 and Interstate 80. The Mixed -Use zoning designation would provide a
transition from a mix of residential, commercial and office to less intensive residential zones anticipated
to the south and east.
The Mixed -Use designation also allows for walkable/bikeable destinations for the residential uses and to
the residential areas that will be created to the east which supports the city's sustainability goals. In
addition, repurposing the ACT property prevents further development sprawl and allows for
opportunities for infill areas already in the city limits and served by city utilities.
Public infrastructure appears adequate or can be reasonably upgraded in the area based on existing
uses, development and utility mapping.
SHIVE-HATTERY, INC
Charles "Nick" Hatz II, PE
Principal, Civil Engineer
Project 2240009880
800.798.0313 1 shive-hattery.com
Page 2 of 2
Copy:
Brad Spillman, ACT Inc.
Jim Bergman, Iceberg Development Group, LLC
Steve Long, CTA Acquisition Iowa City, LLC
Mark Seabold, Shive-Hattery
Wade Wamre, Shive-Hattery
Travis Wright, Shive-Hattery
Project 2240009880 1 Date — October 4, 2024 SH IVEHATTCRY
A R C H IT E C T U R E+ E N G IN E E R ING
ATTACHMENT 4
Good Neighbor Meeting Summary
i r
Summary Report for * - , —4
Good Neighbor Meeting
CITY OF IOV A CITY
Project Name: ACT Iceberg Rezoning Phase 1 Project Location: 500 ACT Dr, Iowa City, Iowa 52243
Meeting Date and Time: 10/24/24 - 4:30-6:00 pm
Meeting Location: Shive-Hattery Iowa City (2839 Northgate Dr, Iowa City, IA 52245)
Names of Applicant Representatives attending: Steve Long
Nick Hatz & Travis Wright
Names of City Staff Representatives attending: Anne Russett
Number of Neighbors Attending: 11 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Attendees were interested in what types of uses would be allowed in the Mixed -Use (MU) zoning.
Applicants and Staff provided an overview on allowable uses per the zoning ordinance.
Assisted living was highlighted as an allowable use: currently there are multiple prospective land purchasers intending for some level of assisted living development.
Applicant explained the existing 0.11 acre triangular parcel is part of the rezoning.
Concerns expressed regarding project (attach additional sheets if necessary) -
Neighbors expressed concern regarding how the natural areas east of Oaknoll East would be handled -
specifically the ravine in the southwest corner of the rezoning area. A preliminary sensitive areas
plan identifying apparent protected slopes was reviewed - if protected slopes are confirmed with final survey
that corner is unlikely to be impacted. It was also noted that the City of Iowa City's sensitive areas
ordinance has woodland retention requirement rates which would come into consideration.
Will there be any changes made to the proposal based on this input? If so, describe:
No changes planned after considering neighbors comments.
Staff Representative Comments
(Name
D%S ✓{4 /
SIGN IN SHEET
Email
/:S lv we n (9 Otz71-f.e
Address
G %1�
c�, r c
Af Sc. f7 is'/r.�✓
en u-N M t
Y i C.�
'N\ C b
`Y
6
ALL 2&,rj�e
e CA)?hA%- l
GiLOoi 0 Cf,1c7SD P—) UO .
�•
•� •,
Hti1 t GI - [ L.4_ 0LA-)Cl , G-� (A_
"ic
« / Q A/-�
Co..,
a ",
P q C✓
-c e
fe se s4 1 c, k-1
ATTACHMENT 5
Traffic Study — Excerpt
Traffic Impact Study:
Iceberg Development Group
Iowa City, Iowa
October 23, 2024
I HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT
WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL
SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE
OF IOWA.
t/ - " 10/23/2024
SIGNATURE DATE
PRINTED OR TYPED NAME: ERIC J. MUNCHEL
LICENSE NUMBER: 19742
MY LICENSE RENEWAL DATE IS: 12/31/2024
PAGES, SHEETS, OR DIVISIONS COVERED BY THIS SEAL: ALL
Prepared for: Iceberg Development Group
Prepared by:
SHIVEHATTERY
A R C H I T E C T U R E+ E N G I N E E R I N G
2223 d Avenue SE, Suite 300
Cedar Rapids, IA 52401
(316) 364-0227
Page 1 of 18
Table of Contents
Introduction..................................................................................................2
Existing & Projected No Build Conditions..................................................3
Adjacent Roadways...........
Traffic Volume Data...........
Background Traffic Growth
3
4
4
Projected Buildout Conditions....................................................................8
Trip Generation ..................................................
Projected Buildout Turning Movement Volumes
.9
10
Trattic moaeiing & Mitigation....................................................................14
Vehicle Operational Analysis
14
Findings & Recommendations..................................................................18
Figures
Figure1
Study Area Map............................................................................................................................2
Figure 2
Existing Lane Configuration & Control.........................................................................................3
Figure 3
Annual Growth Rates...................................................................................................................4
Figure 4
Study Intersections — Existing 2024 AM & PM Peak Hour No Build Volumes .............................5
Figure 5
Study Intersections — Projected 2025 AM & PM Peak Hour No Build Volumes ..........................6
Figure 6
Study Intersections — Projected 2045 AM & PM Peak Hour No Build Volumes ..........................
7
Figure7
Preliminary Site Plan....................................................................................................................8
Figure8
Trip Distribution...........................................................................................................................10
Figure 9
Study Intersections — Projected 2025 AM Peak Hour Trips.......................................................11
Figure 10
Study Intersections — Projected 2025 & 2045 AM Peak Hour Buildout Volumes ......................12
Figure 11
Study Intersections — Projected 2025 & 2045 PM Peak Hour Buildout Volumes ......................13
Figure 12
Study Intersections — 2025 Recommended Buildout Lane Configuration & Control..................18
auiCa
Table 1
Trip Generation - Residential............................................................................................................9
Table 2
Trip Generation — Commercial & Retail............................................................................................
9
Table 3
LOS Criteria for Signalized & Unsignalized Intersections...............................................................14
Table 4
Operational Analysis — Study Intersection #1.................................................................................15
Table 5
Operational Analysis — Study Intersection#2.................................................................................16
Table 6
Operational Analysis — Study Intersection#3.................................................................................17
Appendices
Appendix 1.
Appendix 2.
Turning Movement Data
......Operational Analysis
2240009880 1 October 23, 2024
SH IVC-HATTE W
A R C H IT E C T U RE, E N G IN E E R ING
Introduction
The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the
adjacent roadway network due to their proposed mixed -use development, which will be located on the former
ACT Campus in Iowa City, IA. For the purposes of the analysis presented herein, a distribution of the highest
trip generating land uses permitted within the mixed -use zone are assumed for the study area. Existing,
opening, and design analysis years are assumed to be 2024, 2025, and 2045, respectively.
The following study intersections within the study area were identified for analysis. Please note directional
roadway names, for example N Dodge Street have been dropped.
Study Intersection #1 — Dodge Street & Scott Boulevard
Study Intersection #2 — Scott Boulevard & Dubuque Road/Scooter's Access Point (Scott Boulevard & Dubuque
Road hereafter)
Study Intersection #3 — Scott Boulevard & 1st Avenue/ACT Place (Scott Boulevard & 1st Avenue hereafter)
The above list assigns each study intersection with a number that is used as reference. (e.g., study intersection
#1 = Dodge Street and Scott Boulevard).
The area immediately surrounding the study intersections incorporates retail, services, office, recreational,
residential, and undeveloped land uses. A study area map identifying the location of the study intersections,
as well the location of proposed development is depicted in the following figure.
Figure 1 Study Area Map
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
A R C H IT E C T U RE, E N G IN E E R ING
Fxisting & Projected No guild Conditions
A study area map identifying the location and existing lane configuration and control of the study intersections
are presented in the following figure.
Figure 2 Existing Lane Configuration & Control
--- 2
>� r Brea
0�` \ �� _�
Adjacent Roadways
The following descriptions are specific to the area near the study intersections. The roadway functional
classifications are taken from the Metropolitan Planning Organization of Johnson County (MPOCJC) Future
Forward 2045 Long Range Transportation Plan.
Dodge Street is a four -lane (two through lanes in each direction) divided principal arterial roadway. Parking is
prohibited along Dodge Street, the roadway width is 24 feet in both directions, and the posted speed limit is 45
mph.
Scott Boulevard is a two-lane (one through lane in each direction) minor arterial roadway. Parking is prohibited
along Scott Boulevard, the total roadway width is 32 feet, and the posted speed limit is 35 mph.
1st Avenue is a two-lane (one through lane in each direction) minor arterial roadway. Parking is prohibited along
1st Avenue, the total roadway width is 32 feet, and the posted speed limit is 25 mph.
Dubuque Road is a two-lane (one through lane in each direction) local roadway. Parking is prohibited along
Dubuque Road, the total roadway width is 24 feet, and the posted speed limit is 25 mph.
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H IT E C T U R E+ E N G IN E E R ING
Page 4 of 18
Traffic Volume Dat,,
Weekday turning movement volumes were collected at the study intersections in mid -October 2024. The peak
hours of the study intersections were determined based on the highest consecutive four 15-minute turning
movement counts between the hours of 6:00 and 9:00 AM and 3:00 and 6:00 PM at study intersection #1.
Study intersection #1 governed the AM and PM peak hours because it is the study intersection with the highest
volume of entering vehicles. The AM peak hour was determined to occur between 7:30 and 8:30. The PM peak
hour was determined to occur between 4:15 and 5:15. The raw and refined volume data are provided in
Appendix 1.
It should be noted the traffic data collected is reflective of a transitional period for the ACT Campus as it is
currently being underutilized. The traffic volumes are significantly reduced from the 2018 pre -pandemic of near
1000 employees to approximately 150 that they see today.
Background Traffic Growth
Projected traffic analysis will typically apply an annual growth rate to study intersections' existing turning
movement volumes to account for growth in background traffic over future analysis years. In coordination with
the Metropolitan Planning Organization of Johnson County the following growth rates were identified for the
study intersection approaches.
Figure 3 Annual Growth Rates
Theses annual growth rates were applied to existing volumes to project future background traffic volume
growth, which can be expected through a sustained constant area growth without the potential development.
It should be noted over time growth rates generally do not exhibit straight-line growth, but rather tend to level
off as the surrounding area continues to develop. Therefore, the use of a straight-line growth rate for the
prediction of future events can be thought of as conservative and should be considered as such when reviewing
the output of this analysis. Existing and projected AM and PM peak hour no build volumes (without the identified
potential development) are presented in the following figures.
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H IT E C T U R E+ E N G IN E E R ING
Figure 4 Study Intersections — Existing 2024 AM & PM Peak Hour No Build Volumes
Existing 2024 AM Peak Hour
1 2
1o9
Existing 2024 PM Peak Hour
j r
�f
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 6 of 18
Figure 5 Study Intersections — Projected 2026 AM & PM Peak Hour No Build Volumes
Projected 2026 AM Peak Hour No Build
S oll�lo y &No
3. m
Projected 2026 PM Peak Hour No Build
l 1 I A01A
�,� �1 3p6� •J �-° •/ li ff/r x fi
291 /•
295
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 7 of 18
Figure 6 Study Intersections - Projected 2046 AM & PM Peak Hour No Build Volumes
Projected 2046 AM Peak Hour No Build �; l
✓ (/ � ti
i F�a
?S O jNG y�NN
0g
4
Projected 2046 PM Peak Hour No Build
1 2 3
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 8 of 18
Projected Buildout Conditions
The Iceberg Development Group initiated this traffic impact study to identify potential traffic impacts on the
adjacent roadway network due to their proposed mixed -use development, which will be located on the former
ACT Campus in Iowa City, IA. For the purposes of the analysis presented herein, a distribution of the highest
trip generating land uses permitted within the mixed -use zone are assumed for the study area. It should be
noted, this is an initial phase to a development plan that anticipates an additional access point on Dodge Street.
This access point would become the northbound approach to the Dodge Street and ACT Circle intersection.
Existing, opening, and design analysis years are assumed to be 2024, 2025, and 2045, respectively. The
preliminary site plan is presented in the figure below.
Figure 7 Preliminary Site Plan
REZONING EXHIBIT FROM OFFICE RESEARCH PARK (ORP)I INTERIM
DEVELOPMENT RESEARCH PARK (ID -RP) TO MIXED USE (MU)
IOWA CITY, IOWA
EXWIING /
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H I T E C T U R E+ E N G I N E E R I N G
Page 9 of 18
Trip Generation
Trip generation estimates are based on nationally accepted trip generation average rates and fitted curve
equations contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition.
Trips were generated for the most closely representative ITE land use, corresponding to the AM and PM peak
hour of the adjacent roadway network. Fitted curve equations were used in instances where the Rz is greater
or equal to 0.75. For the purposes of the analysis presented herein, the entire 48.6 acres of development was
assumed buildable and will be comprised of residential and commercial development. Approximately 80% of
the development will be assumed to be residential, with Multifamily Housing (Low -Rise) (ITE 220) as the
identified ITE land use. Approximately 20% will be identified as commercial, with 15% of the development will
be identified as Strip Retail Plaza (ITE 822) and 5% as High -Turnover (Sit -Down) Restaurant (ITE 932) as the
identified ITE land uses, respectively. The following tables identifies the ITE land use, ITE land use code, land
use subcategory, percent of building coverage, Dwelling Units (DU) per Acre (AC), and Independent Variable
(IV) used to calculate the trip generation estimate for the proposed development.
Table 1 Trip Generation - Residential
Land Use
ITE
Code
DU per AC/
% Of Building
Quantity
in AC
Quantity
in DU
AM Peak Hour
PM Peak Hour
%
%
Trips
Trips
%
%
Trips
Trips
Coverage
Trips
In
Out
In
Out
Trips
In
Out
In
Out
Multifamily Housing
220
16 DU per AC
32.6
622
2161
24%
76%
52
164
288 2
63%
37%
181
107
(Low -Rise)
1 Fitted curve equation T = 0.31(X) + 22.85 was used (R2= 0.79)
2 Fitted curve equation T = 0.43(X) + 20.55 was used (Rz= 0.84)
Table 2 Trip Generation — Commercial & Retail
ITE
DU per AC/
Quantity
Quantity
AM Peak Hour
PM Peak Hour
%
%
Trips
Trips
%
%
Trips
Trips
Land Use
Code
% Of Building
in AC
in KSF
Coverage
Trips
In
Out
In
Out
Trips
In
Out
In
Out
Strip Retail Plaza
822
40%
7.3
127.0
300
60%
40%
180
120
837
50%
50%
418
419
High -Turnover (Sit-
932
40%
2.4
42.3
405
55%
45%
223
182
383
61%
39%
234
149
Down) Restaurant
Totals
9.7
169.3
705
57%
43%
403
302
1,220
53%
47%
652
568
KSF = Thousand Square Feet
In summary, the proposed development is assumed to generate 921 total (455 inbound and 466 outbound)
AM peak hour trips and 1,508 total (833 inbound and 675 outbound) PM peak hour trips.
Trip distribution percentages for the proposed development are based upon existing traffic patterns observed
in the collected AM and PM peak hour turning movement volumes, as well as expected travel patterns in the
surrounding roadway network over the 2045 design year and are presented in the following figure.
2240009880 1 October 23, 2024 SH IVC-HATTC-RY
A R C H IT E C T U R E+ E N G IN E E R ING
Page 10 of 18
Figure 8 Trip Distribution
Tabulated turning movement volumes at the study intersections, which are presented in Appendix 1, are
organized by the following volume classifications:
Existing 2024 No Build Projected 2045 No Build
Projected 2025 No Build Background Traffic Growth (2024-2045)
Development Trips Projected 2045 Buildout
Projected 2025 Buildout
Background traffic growth is calculated by subtracting existing 2024 volumes from projected 2045 no build
volumes. The raw and refined volume data are provided in Appendix 1.
Projected Buildout Turning Movement Volumes
AM and PM peak hour development trips, as well as projected 2025 and 2045 buildout volumes are presented
in the following figures.
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H IT E C T U R E+ E N G IN E E R ING
Page 11 of 18
a
Figure 9 Study Intersections — Projected 2026 AM Peak Hour Trips
AM Peak Hour New Trips
9�
0 0
d
PM Peak Hour New Trips
Ot
11 °
fr
�f C
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 12 of 18
Figure 10 Study Intersections — Projected 2026 & 2046 AM Peak Hour Buildout Volumes
Projected 2026 AM Peak Hour Buildout
1 fir} 2
a g
ID
fi �67
(i t� 0
d�� ors 8
Proiected 2046 AM Peak Hour Buildout
JNp
c?
r � o
�f q,
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 13 of 18
Figure 11 Study Intersections — Projected 2026 & 2046 PM Peak Hour Buildout Volumes
Projected 2026 PM Peak Hour aBuildout 3
Ofo Y=�IW CO
f 0
2 W.
0 O.
Projected 2046 PM Peak Hour Buildout
iT tTV NV
D 1.
fr
4 41
A
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 14 of 18
Traffic Modeling & Mitigation
Vehicle Operational Analysis
Vehicular operational analysis for this study was performed using the methodology of the 7th Edition Highway
Capacity Manual (HCM) through Vistro traffic analysis software. Operational analysis is generally categorized
in terms of Level of Service (LOS). LOS describes the quality of traffic operations and is graded from A to F;
with LOS A representing free -flow conditions and LOS F representing congested conditions. At two-way stop
controlled (TWSC) intersections the primary LOS measure to consider is the intersection movement with the
longest control delay, which would generally need to be LOS E or better (cannot be LOS F) to be deemed
acceptable. The primary LOS measure at signalized', all -way stop, and roundabout intersections is average
intersection control delay and approach control delay, which would generally need to be LOS D or better and
LOS E or better (cannot be LOS F), respectively to be deemed acceptable. Control delay is the delay
experienced by vehicles slowing down as they are approaching the intersection, the wait time at the
intersection, and the time for vehicles to speed up through the intersection and enter the traffic stream. The
average intersection control delay is a volume -weighted average of delay experienced by all motorists entering
the intersection on all intersection approaches.
A queueing analysis was also performed at the study intersections. A vehicle queue is a line of vehicles waiting
to pass through an intersection. As vehicles arrive the queue grows and as the movement is served, the queue
length shrinks. To account for this variation, it is standard practice to consider the 95th percentile queue
length. The 95th percentile queue is the length of which the queue will be less than 95 percent of the time.
The following table presents the range of traffic delays associated with signalized and unsignalized (TWSC,
AWSC, and roundabout) intersections. It should be noted delay thresholds for a given LOS for TWSC
intersections are lower than those given for signalized intersections. This difference, as explained in the HCM,
is to account for the greater variability in delay associated with unsignalized movements in addition to different
driver expectations associated with each type of intersection control, with the expectation that signalized
intersections are designed to carry higher traffic volumes and therefore will experience greater delay than
unsignalized intersections.
Table 3 LOS Criteria for Signalized & Unsignalized Intersections
LOS
Signalized Intersection
Average Control Delay (sec/veh)
Unsignalized Intersection
Control Delay (sec/veh)
A
< 10
<_ 10
B
> 10 to 20
> 10 to 15
C
> 20 to 35
> 15 to 25
D
> 35 to 55
> 25 to 35
E
> 55 to 80
> 35 to 50
F
> 80
> 50
Source: HCM 7'h Edition
sec/veh = seconds per vehicle
The following tables presents operational conditions at the study intersections under existing and projected
AM and PM peak hour conditions. Highlighted yellow cells indicate a LOS issue or a queue extending past its
upstream intersection.
Volume to Capacity (V/C) ratio is another measurement used to determine LOS. If the V/C ratio is greater than 1.0 LOS is F regardless
of the delay. An expanded discussion of v/c ratios is provided in Appendix 2.
2240009880 1 October 23, 2024 SH IVEHATTE RY
A R C H IT E C T U RE, E N G IN E E R ING
Page 15 of 18
Dodge Street and Scott Boulevard (Study intersection #1) is analyzed using its existing lane configuration
and signalized control under all scenarios shown in the figure below:
Table 4 Operational Analysis - Study Intersection #1
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SIB
EB
WB
NB
SIB
EB
WB
Existing
2024
No Build
Approach Delay
38.3
33.9
20.5
27.7
34.6
35.5
21.9
29.1
Approach LOS
D
C
C
C
C
D
C
C
95'h percentile Queue
(Longest Movement) in Feet
R
TR
T
T
R
L
T
L
353
27
110
288
312
22
221
248
Intersection Delay & LOS
29.6, C
28.3, C
Projected
2025
No Build
Approach Delay
38.3
33.9
20.6
27.8
37.7
35.5
22.1
29.1
Approach LOS
D
C
C
C
D
C
C
C
95'h percentile Queue
(Longest Movement) in Feet
R
TR
T
T
R
L
T
L
355
27
110
290
330
22
224
249
Intersection Delay & LOS
29.6, C
29.1, C
1
Dodge Street
Scott
Boulevard
projected
2025
Buildout
Approach Delay
38.3
36.9
38.2
31.4
49.4
41.6
61.0
40.1
Approach LOS
D
D
D
C
D
D
E
D
95th percentile Queue
(Longest Movement in Feet
R
TR
T
T
LT
TR
T
L
397
36
232
372
475
37
526
440
Intersection Delay & LOS
34.9, C
48.8, D
Projected
2045
No Build
Approach Delay
38.5
34.3
19.5
26.8
37.5
35.3
23.9
29.7
Approach LOS
D
C
B
C
D
C
C
C
95'h percentile Queue
(Longest Movement in Feet
R
TR
T
T
R
L
T
L
336
26
106
261
345
23
252 1
261
Intersection Delay & LOS
28.9, C
29.7, C
Projected
2045
Buildout
Approach Delay
37.4
35.8
32.9
31.1
53.3
42.3
64.4
41.8
Approach LOS
D
D
D
C
D
D
E
D
95'h percentile Queue
(Longest Movement in Feet
R
TR
T
T
R
TR 1
T
L
E387
34
213
331
464
38 1
571
460
Intersection Delay & LOS
33.6, C
51.7, D
Queue, Delay, and LOS analysis based on HCM 7'h Edition Methodology.
1 The frequency of arriving vehicles is anticipated to be nearly consistent.
Based on the analysis presented above the existing lane configuration and signalized control at the Dodge
Street and Scott Boulevard (study intersection #1) intersection will provide an acceptable LOS through the
2045 buildout design year scenario.
2240009880 1 October 23, 2024 SH IVC-HATTC-RY
A R C H IT E C T U R E+ E N G IN E E R ING
Page 16 of 18
Scott Boulevard and Dubuque Road (Study intersection #2) is analyzed using its existing lane
configuration and stop control under all scenarios shown in the figure below:
2' - -
ue Rd
Table 5 Operational Analysis - Study Intersection #2
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SB
EB
WB
NB
SB
EB
WB
Existing
2024
No Build
Approach Delay
0.4
0.6
31.8
10.5
0.0
0.0
18.4
10.8
Approach LOS
A
A
D
B
A
A
C
B
95rh Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
1
4
37
1
1
1
5
3
Reported Delay & LOS
(Worst Movement
EBT, 45.0, E
EBL, 21.8, C
Projected
2025
No Build
Approach Delay
0.4
0.6
31.9
10.5
0.0
0.0
18.4
10.8
Approach LOS
A
A
D
B
A
A
C
B
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
I LTR
TR
LT
L
LTR
TR
1
4
1 38
1
1
1
5
3
Reported Delay & LOS
(Worst Movement
EBT, 45.3, E
EBL, 21.9, C
2
Scott
Boulevard &
Dubuque
Road
Projected
2025
Buildout
Approach Delay
0.3
2.7
558.6
12.9
0.0
3.5
366.5
15.6
Approach LOS
A
A
F
B
A
A
F
C
95'h Percentile Queue
(Longest Movement in Feet
LT
L
LTR
TR
LT
L
LTR
TR
1
37
185
12
1
54
61
23
Reported Delay & LOS
(Worst Movement
EBT, 619.2, F
EBL, 435.8, F
Projected
2045
No Build
Approach Delay
0.4
0.6
41.5
10.7
0.0
0.0
20.2
11.1
Approach LOS
A
A
E
B
A
A
C
B
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
2
5 1
51
1
1
1
7
3
Reported Delay & LOS
(Worst Movement
EBT, 58.3, F
EBL, 24.5, C
Projected
2045
Buildout
Approach Delay
0.3
2.8
839.4
13.3
0.0
3.5
362.7
15.6
Approach LOS
A
A
F
B
A
A
F
C
95'h Percentile Queue
(Longest Movement) in Feet
LT
L
LTR
TR
LT
L
LTR
TR
2
41
218
13
1
54 1
61
23
Reported Delay & LOS
(Worst Movement
EBT, 917.5, F
EBL, 431.5, F
Queue, Delay, and LOS analysis based on HCM 7rh Edition Methodology.
Based on the analysis presented above the existing lane configuration and stop control at the Scott Boulevard
and Dubuque Road (study intersection #2) intersection will not provide an acceptable LOS through the 2045
buildout design year scenario. The analysis indicates the eastbound approach and eastbound through
movement will fall to LOS E and F, respectively regardless of the development. The additional development
trips will make this issue worse, however this would also likely be the case if ACT was still operating on the
site. Additionally, this is anticipated to be a temporary issue until a proposed Dodge Street access as mentioned
above is constructed. Therefore, the additional Dodge Street access point is recommended in conjunction with
subsequent development.
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
A R C H I T E C T U R E+ E N G I N E E R I N G
Page 17 of 18
Scott Boulevard and 1st Avenue (Study intersection #3) is analyzed using its existing lane configuration
and roundabout control under all scenarios shown in the figure below:
Table 6 Operational Analysis - Study Intersection #3
Study
Intersection
Scenario
Metric
AM Peak Hour
PM Peak Hour
NB
SIB
EB
WB
NB
SIB
EB
WB
Existing
2024
No Build
Approach Delay
6.7
5.4
7.3
8.2
7.5
5.1
7.5
6.7
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement) in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
38
1
60
45
41
2
66
30
Intersection Delay & LOS
7.4, A
7.3, A
Projected
2025
No Build
Approach Delay
6.7
5.5
7.4
8.3
7.6
5.1
7.6
6.8
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement) in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
38
1
60
46
1 42
2
68
31
Intersection Delay & LOS
7.4, A
7.4, A
3
Scott
Boulevard &
1It Street
Projected
2025
Buildout
Approach Delay
12.2
21.1
14.0
15.7
29.2
34.7
28.1
19.9
Approach LOS
B
C
B
C
D
D
D
C
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
88
146
152
99
212
279
332
114
Intersection Delay & LOS
15.5, C
28.8, D
Projected
2045
No Build
Approach Delay
6.8
5.6
7.5
8.7
8.4
5.5
8.3
7.6
Approach LOS
A
A
A
A
A
A
A
A
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
39
1
63
50
50
2
79
38
Intersection Delay & LOS
7.7, A
8.1, A
Projected
2045
Buildout
Approach Delay
11.4
18.1
13.0
15.3
32.9
37.3
31.0
22.4
Approach LOS
B
C
B
C
D
E
D
C
95th Percentile Queue
(Longest Movement in Feet
LTR
LTR
LTR
LTR
LTR
LTR
LTR
LTR
81
114
139
99
237
280
366
134
Intersection Delay & LOS
14.1, B
31.6, D
Queue, Delay, and LOS analysis based on HCM 7'h Edition Methodology.
1 The frequency of arriving vehicles is anticipated to be nearly consistent.
Based on the analysis presented above the existing lane configuration and roundabout control at the Scott
Boulevard and 1st Street (study intersection #3) intersection will provide an acceptable LOS through the 2045
buildout design year scenario.
2240009880 1 October 23, 2024 SHIVC-HATTC-RY
ARCHITECTURE+ENGINEERING
Page 18 of 18
endings & Recommendations
The analysis presented herein indicates the study intersection LOS indices will operate at acceptable levels
during the AM and PM peak hour conditions through the 2045 buildout design year scenario, except at study
intersection #2. However, this is anticipated to be a temporary issue isolated to the eastbound approach until
the additional access point on Dodge Street is constructed. The additional development trips will make this
issue worse, however this would also likely be the case ifACT was still operating on the site at its Pre -Pandemic
numbers, and not at its current underutilized state. Additionally, this is anticipated to be a temporary issue until
a proposed Dodge Street access as mentioned above is constructed. Therefore, the additional Dodge Street
access point is recommended in conjunction with subsequent development.
The 95th percentile queues at the study intersections were also analyzed. Based on these queue lengths no
issues, such as a queue extending upstream to an adjacent intersection are anticipated. This determination
assumes the recommended lane configuration and control presented in the figure below. No other
changes/improvements to the study intersection's existing lane configuration and control are recommended.
Operational analysis worksheets are contained in Appendix 2.
Figure 12 Study Intersections — 2025 Recommended Buildout Lane Configuration & Control
1 --- 2 j
o 5wd
2240009880 1 October 23, 2024
SHIVC-HATTC-RY
A R C H IT E C T U R E+ E N G IN E E R ING
ATTACHMENT 6
Regulated Sensitive Features
NORTH
TIONA
LLL 1 sl�� //Eia`� l I,ij II II N-JUDISSICTIC
10
TEI.
® Q w
X.
/ 1. li' I 1
AT
I
\\ - I ,Cy i- / / \o'jrtA ^� ■ see more, usSD ON /'-
1 �Y r II �I�, I �y, w000wNos
\ / 1 I I II 1 ' UI<
se � _
E� THE \\ ,- / �-�-
\ — w
WETY
o
�A — NOTE,
I
/ A.APPLICANT INFORMATION
II
RE,
\
\
IACT INC
P 11MAN
\ l r--- -- TORVE
' r
wnc,r,A522Aa
1 s /
DEVELOPERSNEVOFUTURE OWNER) W
�I <
oPMENTGRooP Q
J v
x
WEBTDEBMDNEBASB266 a
�� —LIE OJECTAREA LIMITS _l A BS
r,
STEVE
CIVILEN
AT' cmEEBSIT
I oIAL /�/. �1 ,rr1 „a� Eo ,A I HArz PE
BHVEHATTERrGDM PHONE (319)3600227 > o
1, o E EMA m W
JUDISDICTIONA
'D'BD NT, OTALSTEAREA2,,,23,SF ABBACRES
oFw
E��ISTING ZONING IF EPIORP
'��q - ew / •' I I I 1 v 1 i -�PROPOSEDZONING XEDUSE Q
AD �o
TOTALWETTANDS 0 ZX ACRES O
ai' v / r; ;1 v , i� / r 11 11
2 WOODED AREAS
— ar I �, REA ACRES QOU
/ ;11 Roves of TREES o SF
o o ACRES Z LL
MINIMUM ODSANDAR SF 1 ACRES
i
�,I
SE
--- v v 1 i 'r �F Tv IIIII �P' v RETAINED 701BE ANEDAND ORPREDORES20%II BE LLIZ
t�
�';" \, ��' ��/ 11 2rG �i, r /1/ 11 �II TOWARDS RETENTION VALUES ,. WOODULANDS WITHIN THE AREAS DO NOT COUNT O
\ I
RDWE\w_ND
Uo--
FINDINGS ON JuRSOCTONAzvS NON JURISDICTIONAL DELINEATED ' 7 III 1 1 1WATERS OF THE UNITED EPP DAT SITESN(WOTUS), WETTANDS AND STREAMS, g
I\ 11''ll I (\\. i®I \\ .,-- �sr '�1 SUBJECT TO FURTHERAH� REVIEW
NouAWET'cTEo oeroerzo2A aoaoer2n2A.
1 r /D WORD
si
!li II 1 /\I "\\ \\ 1 i % / ,/ l II EXISTING GRADES ARE PER 2020 TDAR.
71 d 11 B. THREATENED AND ENDANGERED(T&E) STUDY IS PENDING13
v C
e
4 F
I 1
cq� I ♦ 1 j �, 1 AV I IIIS,\1 I II /,��
/ III i./.'il II FOR
PROTECTED SLOPES 11)1 1 II111
3 4 l II r E !1 it i EDGE OF PROTECTED szo Es '>se.' 1 I I III II II �', 4 Q
J
�,rrj r 1
11, , W W u)
XS
APPIOX MATE EX STING
'� I I - 7 u
�D7' �,�j l 1 1' �\` ♦ \ / � 1 ,1 / \ Ur Z Q
URISDICTIBNALDITCH
I I^, �G`+ r I\. I \ // 1 ♦ \\.. 11I 1 '" W W W
Iru)BI
\ Ej /r
=r , 1_ 7 EX1
' A B C D E F
{M/ I NORTH LL
��� / Il /I!✓c sr I I^,I� 19I ,�J,I,i 'L� ��l; � I, ��
®� Q w
r �
1 uv IIII
1 I l i I I i
V-A
� Ee he%<2si7 -
I T STEEP GLOP BEE NOTEI SLOPES 4D/
OR,\\ / \ Il` FORp Y6 I / _ _ tIhCTED SLOPES
x
— F
I I TE CRITICAL SLOPES (25%140%) PROTECTED SLOPES BUFFER
a
ACT
E
m � , O SLOPES
J I _
PC
FRADSPILLMAN
5ooACT
DRVE
Ac s22aa
T
DEVELOPERIINE—ITIRE OWNERI _
ICEBERG
a
DEVELOPMENT CROUP w
1 ew- a 112 t �1 (n
WEST DES MONES,A50266 Q
SALDA
A r =
oTECTAREALMTs - I J s RS
ND�6UQUER ��� J, D ACN,AD24D Z
w
CIVILENGINEED
SHIVE HATTERY EL
AV
T 1 ; ffi / - ,II i LATz HE O
CED
;7TITIN� 'BU RE Ty, PHONE ATT W
a� EMA I ATTERv.COM uj
J
1 11
TOT TEAREA1020E61SF 4E6ACRES W
ZONING
ew S
) I s
/
U.EDU c
SE
/1 REGULATED SLOPES
ES (1125%) Z
/ Illi�' PSP asDWITH sTEP�N) O
SF
PERCENTMPACT %( NI L
:� s�11 REDIM A aDD THSITE PIN) cZ 0
3 `I �f\:.. _ T� I�1 ;��., PERCENTMPACT E AREA 9(TaDwFTH STEPwN)
1 P '' PR J 0
TOTADLPROTecT ) SF , Z ij W
of z -� - �� ��� _. II �'. „a"✓i, ii , / 111 II .III C O
TPRESENT PER usonsoL d U
CONSERVATION SERVICE
�T- ✓ I �I� I / // J1 \J/ i 1 I� iIl L ARE REMNANTS
l I I�PER THE owncry
/ SENSITIVE AREAS INVENTORY MAP.
.F - '� I ✓u i l - I I III
'I I �, I ♦ 4 ARCHAEOLOGICAL SITES
"'I" TO BE PRESENT.
♦�i®I I _-- iz✓ 2r - ✓/ ,/ I RCHAEO20OCA2sTUDvs PENDING
INV
\ -sae NOTESI
AdVIEWED AERIALSAVAIRTABILEFROM 1930S PRESENT UNKNOWN '
V HEREwAS MODIFICATION TO THE SLOPES PRIOR TO iezos. F i
sb'/ 1
.V I I Faaa1 I�,, REQUESTS SHALL OCCUR WITH FUTURE
/ I\ II ✓ oTENTALauFFER DEDUCTIONS sHowNw WITH PREUM NO ONLY ANY
ARv o 0
T b ENTITLEMENTS PRocesses.
f I� I I f _._ k` I 11 Ill III. 4 Q
I
V � 1 f ( '1�. / I /11 21 1 _- ♦ / I )+. I I W LLI In
lE
> W
I \ m
�° r 1 \ II✓! I g T >2� APPROXIMATE
III \ / $
I ry' / I I \�,.\; ♦ . J I 1 ,1 / \ Z Q
.��� Lu Lu
I to
D E F
Planning and Zoning Commission
November 20, 2024
Page 8 of 15
Iowa City, anything with an opportunity to provide memory care, assisted living, and housing
options for 55 plus in the Iowa City he is absolutely 100% favor of.
A vote was taken and the motion passed 4-0.
CASE NO. REZ24-0009
Location: 500 ACT Drive
An application for a rezoning of approximately 48.6 acres of land located near 500 ACT Drive
from Office Research Park (ORP) zone and Interim Development Research Park (ID RP) zone to
Mixed Use (MU) zone.
Russett began the staff report by sharing a map of the subject property. The property is
accessed from the south, from ACT Place and from the west, from North Dubuque Road. Most of
the land around the property is undeveloped. The current zoning is both Interim Development
Research Park (ID -RP) and a small portion is also Office Research Park (ORP) at the southern
end. She noted there's some public zoning to the west and also some multifamily zoning to the
west.
In terms of in terms of background, this property was annexed in the late 1960s or early 1970s, it
contains four parcels which have never been platted. They contain two buildings and some
surface parking, the buildings are mostly vacant except a small portion. The northern building is
currently being used by ACT for office space, but the rest of the buildings are vacant. Russett
noted the property also contains private streets. Currently, no specific development is being
proposed, however the developer has expressed some interest in adaptively reusing the existing
office buildings into senior housing, while leaving a portion of the building for ACT office space.
Russett shared some pictures of the property noting again the current zoning is a mix of Office
Research Park and Interim Development Research Park. Office Research Park allows uses such
as office uses, hotels and light manufacturing. The ID -RP zone doesn't allow that much
development, it's intended for managed growth and over time would eventually get rezoned to
allow development. The proposed zoning is Mixed Use (MU) as there is an interest in converting
some of those office buildings to residential uses, while maintaining some of those office
buildings as office uses. The Mixed Use zone is appropriate for that as it allows a variety of
residential and non-residential uses. Some examples are assisted group living, detached single-
family duplex uses, office uses, retail eating establishments and multifamily uses. Based on the
acreage of the subject property, it would allow a maximum of 778 dwelling units.
In terms of the rezoning criteria, they look at consistency with the Comprehensive Plan and
compatibility with the existing neighborhood character. In terms of consistency with the
Comprehensive Plan, the Future Land Use Map of the IC 2030 Plan shows this area as
appropriate for Office Research Development Center uses, the proposed Mixed Use zone does
allow office uses. Russett stated even though the Future Land Use Map does not envision any
residential uses in this area, there are principles and goals and policies in the Plan that speak to
infill development and encouraging a diversity of housing type which would be allowed by the
Mixed Use zone. She explained some of the principles in the Plan in terms of infill development
talk about rehabilitating existing structures and adding to the diversity of housing options. In
terms of housing diversity, it encourages a mix of housing types within a neighborhood, which
Planning and Zoning Commission
November 20, 2024
Page 9 of 15
increases the opportunity for people to live in the same neighborhood throughout multiple life
stages. In terms of mixes of housing types it talks about single-family homes, townhomes,
duplexes, apartment buildings, even apartments in mixed use buildings, all of which would be
allowed with the proposed Mixed Use zone. The Northeast District Plan also provides some
guidance for this area, specifically it provides some flexibility in terms of the land uses and vision
for this area. That Plan notes that the City currently has 275 acres of land zoned as Office
Research Park and the Plan notes that this amount of land devoted to office park uses may be
unrealistic and alternative uses should be considered such as residential which would be allowed
through the Mixed Use zone.
In terms of compatibility with neighborhood character Russett stated most of the surrounding
area is undeveloped except for the School District property where they have the Center for
Innovation, Oaknoll East and some multifamily buildings are located further east and south.
Russett noted some single-family further from the subject property and that the Mixed Use zone
is consistent with the surrounding development which does include both the mixture of residential
and non-residential uses.
Russett stated the property does contain sensitive areas. The applicant provided a document
that shows the existing regulated features on the property which was included in the agenda
packet. A Sensitive Areas Development Plan is not required at this time but when this project
comes back for the subdivision process they would be required to prepare a Sensitive Areas
Development Plan which would show all the regulated sensitive features and potential impacts
and construction limit lines.
In terms of transportation staff did require that the applicant submit a traffic study with their
rezoning application. The study was reviewed by the City Engineer and he was satisfied with the
results. The traffic study did show that some additional delays may occur if the subject property
were to develop at maximum capacity however, future improvements are anticipated to help
improve traffic flow within the site and the surrounding network. Additionally, future rezonings will
require updated traffic studies so at this point staff is not recommending any offsite
improvements, but with future studies they may depending on the results of those studies. As
previously mentioned, this area has never been platted and there are also multiple private
streets. ACT Place and ACT Drive are private as well as a portion of North Dubuque Road so
staff is recommending several conditions to ensure the creation of an interconnected block and
street network as this area develops. The proposed conditions are: (1) prior to issuance of
building permits for the construction of new buildings or additions to existing buildings, the
subject property shall go through the subdivision process and obtain approval of a preliminary
and final plat. This would allow the developer to move forward with adaptively reusing those
existing buildings but would require them to plat if they were proposing any construction of new
buildings. (2) Prior to issuance of any building permit, the owner shall either improve the private
streets to City standards or escrow 110% of the cost of improving the private streets. Russett
explained this condition and the next is to ensure that these private streets meet City standards
because there's a proposal to change these buildings to residential uses and they want to make
sure that they can accommodate that development as the area develops. (3) Prior to issuance of
a certificate of occupancy the necessary improvements to the streets are made to comply with
City standards so that as those residents occupy the buildings, any improvements are done prior
to the to those buildings being occupied by residents. (4) At the time of platting the private
streets would become public right of way and maintained by the City.
Planning and Zoning Commission
November 20, 2024
Page 10 of 15
Staff recommends approval of REZ24-0009. A proposal to rezone approximately 48.6 acres of
land located near 500 ACT Dr from Office Research Park (ORP) zone and Interim Development
Research Park (ID -RP) zone to Mixed Use (MU) zone subject to the following conditions:
1. Prior to issuance of building permits for the construction of new buildings or additions to
existing buildings, the subject property shall go through the subdivision process and
obtain approval of a preliminary and final plat.
2. Prior to issuance of any building permit, the owner shall improve the private streets to
City standards or escrow for 110% of the cost of improving the private streets to City
standards. The City would also accept a letter of credit. If the City Engineer finds that the
present condition of the private streets is found to sufficiently satisfy City standards, the
City Engineer may release this condition in writing.
3. Prior to issuance of a certificate of occupancy for any residential use the improvements
shall be made to ensure that the private streets meet City standards prior to the
buildings being converted to residences. If the City Engineer finds that the present
condition of the private streets is found to sufficiently satisfy City standards, the City
Engineer may release this condition in writing.
4. At the time of preliminary and final platting, the following must be addressed:
a. Private streets shall be dedicated as public right-of-way.
Next steps, after the Commission makes a recommendation to City Council staff will ask City
Council to set a public hearing, and they will likely hold that public hearing on January 7.
Craig has a lot of questions about the streets, when staff says that the streets become public
after platting, when is platting going to take place. Russett replied the platting needs to occur
before they build any new buildings or build an addition. Craig asked what happens if there are
no additions to those buildings or no new buildings. Russett stated then once the streets become
platted they become public. Craig understands but at what point are they required and brought
up to public standards. Russett explained they are required to bring it up to public standards
before any buildings are occupied with residents. Therefore, if they choose to move forward with
adaptively reusing those buildings and converting them to residential uses they would need to
have City Engineer approval that the streets either meet City standards or they're going to have
to make some improvements so that they do meet City standards. Craig asked what if the City
Engineer doesn't like the circle there and wants it removed and just grids, streets and blocks.
Russett stated when the applicant applies for a preliminary plat they're going to have to
demonstrate that there is connectivity and that the streets are able to extend to the east and to
the north. How that looks is something that they will evaluate at the subdivision process to
ensure that there's an interconnected street network, whether it results in changing that circle or
not is unknown at this point.
Craig asked about a future connection to Dodge Street. Russett stated there are future plans to
put a traffic light on Dodge Street to connect the area outside of the proposed rezoning area,
when this gets rezoned they're going to have to extend ACT Circle or provide some sort of street
extension through that property. Russett thinks there used to be a connection to ACT from
Dodge Street. Craig agreed and then they built the circle thing in the back. She noted when she
was going to that school building she thought she could access if off Dodge Street but had to go
up to the interstate and turn around and come back because she couldn't get there off Dodge.
Russett stated at some point the City will put a traffic signal there and as the area develops it's
going to have to extend into the site and there will be an access to Dodge but not from the
subject property that's currently being rezoned. Craig stated that would encourage people on
Planning and Zoning Commission
November 20, 2024
Page 11 of 15
Scott Boulevard who are going out to the interstate to cut through that neighborhood to get to
Dodge Street so they don't have to go through two lights. Russett stated they are not discussing
that connection tonight, tonight's rezoning won't require that connection.
Craig asked why the parcels are divided a certain way now, does an owner decides how to do
that. Russett noted that was a good question and the City would never allow anything like that to
occur now, but this area has never been platted so at some point in the past these parcels were
created through some other means.
Craig assumes sidewalks will be put in at some point when they have to do the streets. Russett
confirmed that was correct.
Craig noted it's a lot to consider thinking 778 dwellings potentially can be there, that's a lot.
Russett acknowledged that and said that's why they are recommending that before there's any
construction of new buildings, they have to demonstrate that there's a public street network, that
there's connections, that there's blocks and that lots that are created that can be built on. Without
that, the development would be more haphazard and they could build on these parcels that exist.
Craig noted with the streets come a huge amount of utility work because electricity and sewer
and all that to 778 dwellings is a lot. Russett stated that is a maximum and the traffic study was
based on that maximum, but it's probably more than would ever get built, but it's possible.
Wade asked about the current utilities on the site, is privately owned at this point. Russett
replied that they're connected to City utilities.
Hensch noted there's a lot of critical and sensitive slopes there and he has concerns. When
would they have an opportunity to consider those. Russett explained that happens when the
applicant submits a preliminary plat.
Hensch opened the public hearing.
Nick Hatz (Shive Hattery) and Steve Long (Salida Partners) came forward to answer questions
from the Commission.
Hatz wanted to say a few things about the road system since there were concerns. He just
spoke with the City Engineer for an hour and 20 minutes today about the private streets and they
are in the process of beginning to tackle those second and third rezoning conditions. But based
on historic plan sets the road was constructed during two different phases, but both were built to
public street standards at that time and the discussion he had with the City Engineer today was
that there really isn't a concern with the construction of the streets, they're in good shape today.
From a layout perspective the circle is wide enough to be a city street and it has ample radii to
accommodate the traffic. They would need to add standard sidewalk paralleling both sides of the
street, but that again will be worked out through the future preliminary platting processes.
Regarding utilities, it has standard storm sewer and all that. He will work with the City Engineer
to determine the escrow amount for all the improvements that will need to be done prior to
residences occupying those buildings.
Craig had a question about the streets and the sewer system and the storm water management.
If a substantial amount of this property is developed into hardscape it increases runoff, are they
Planning and Zoning Commission
November 20, 2024
Page 12 of 15
saying they think the current stormwater system is robust enough to handle that. Hatz
acknowledged they may need improvements and that'll be determined as preliminary platting
and site plans are put forward for the subdivision process and then individual lot developments.
He did stress there are currently existing detention basins on site and there are reasonable ways
to develop the property and perform stormwater management. Craig doesn't think ACT did
things cheap, it was quality work that got done there and it's just now not appropriate for what's
going on there so it's a good opportunity for something else.
Long noted he is very impressed with ACT, even though right now there's less than 100 people
working there they've maintained the building and area at no expense spared, it's all in beautiful
shape.
Miller noted this might be for a future meeting, but they mentioned the storm sewer, is that the
sanitary sewer, is it in the public right of way, and is it big enough for redeveloping the existing
buildings. Hatz stated they are in the process of performing sanitary flow studies in order to arm
the City Engineer with the information that they need to perform improvements. He noted there
are already planned improvement, such as lift station improvements to the Highland lift station,
which is to the north. The discussion is outside of the realm of this particular rezoning but the
overall property is split into multiple sewer shed basins and there will almost surely need to be
improvements but there are feasible ways to accommodate that.
Miller stated there's not a lot of improvements that they foresee to be able to bring the private
roads up to City standards to do the initial work of adaptively reuse of the existing buildings.
Hatz confirmed and stated based on the discussion today it's predominantly more on the lines of
pavement maintenance, retrofitting some cracks, there might be some full depth repair and
replacement, and then there might be some small removals of some existing sidewalks where
there are undesirable mid -block crossings of sidewalks for parking lots that are connected to the
broader campus that won't make sense with the adaptive reuse.
Craig asked if the streets has curbs. Hatz confirmed they do.
Hensch asked if the applicants have any idea how those auditors' parcels were established.
Hatz believes some of them are based off old section lines. Then as Scott Boulevard was
established it separated the two southern parcels.
Hensch closed the public hearing.
Miller recommends approval of REZ24-0009. A proposal to rezone approximately 48.6
acres of land located near 500 ACT Dr from Office Research Park (ORP) zone and Interim
Development Research Park (ID -RP) zone to Mixed Use (MU) zone subject to the following
conditions:
a. Prior to issuance of building permits for the construction of new buildings or
additions to existing buildings, the subject property shall go through the
subdivision process and obtain approval of a preliminary and final plat.
b. Prior to issuance of any building permit, the owner shall improve the private
streets to City standards or escrow for 110% of the cost of improving the private
streets to City standards. The City would also accept a letter of credit. If the City
Planning and Zoning Commission
November 20, 2024
Page 13 of 15
Engineer finds that the present condition of the private streets is found to
sufficiently satisfy City standards, the City Engineer may release this condition in
writing.
c. Prior to issuance of a certificate of occupancy for any residential use the
improvements shall be made to ensure that the private streets meet City standards
prior to the buildings being converted to residences. If the City Engineer finds that
the present condition of the private streets is found to sufficiently satisfy City
standards, the City Engineer may release this condition in writing.
d. At the time of preliminary and final platting, the following must be addressed:
1. Private streets shall be dedicated as public right-of-way.
Wade seconded the motion.
Miller stated it's great mixed use, they need more housing and seems like a great use for the
site.
Wade agreed noting the City needs growth and it will be exciting to see growth on that side of the
Scott Boulevard.
Craig agrees and is all about infill and it could be something really special
Miller is also glad they're reusing the existing buildings.
Hensch stated the City has around 275 acres that are currently zoned for research park and
that's a lot so he agrees wholeheartedly with getting rid of those and putting the land to use, he
supports this application.
A vote was taken and the motion passed 4-0.
CONSIDERATION OF MEETING MINUTES: SEPTEMBER 18, 2024:
Craig moved to approve the meeting minutes from September 18, 2024 with minor corrections
Miller seconded the motion, a vote was taken and the motion passed 4-0.
PLANNING AND ZONING INFORMATION:
Russett stated the City has executed a contract with Confluence, a planning consulting firm with
offices in Des Moines, to assist with the Comprehensive Plan update process. Also the
redemption center ordinance that the Commission saw several months ago was approved by
Council, the tobacco ordinance is still going through the process, the second reading was
approved last night. Council made some changes and the third reading should be December
10t". The kratom ordinance did not get approved.
Miller asked about the Comprehensive Plan update process and will the Commission be in any
way involved. Russett confirmed they would, not sure exactly how and when yet, but staff will
keep the Commission informed throughout the process.
Fee,
Doc ID: 032419440011 Type: GEN
Kind: ORDINANCE
Recorded: 01/28/2025 at 10:34:47 AM
Fee Amt: $57.00 Pale i of 11
Johnson County Iowa
Kim Painter County Recorder
BK6626PG575-585
STATE OF IOWA )
) SS
JOHNSON COUNTY )
I, Kellie K. Grace, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto
is a true and correct copy of Ordinance No. 25-4944 which was passed by the City Council of Iowa
City, Iowa, at a regular meeting held on the 21 st day of January 2025 is a true and correct copy, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this oZ y"+�h day of January 2025.
Kellie K. Grace
City Clerk
\ord
410 EAST WASHINGTON STREET 9 IOWA CITY, IOWA 52240-1826 9 (319) 356-5000 • FAX (319) 356-5009
Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; (RE724-0009)
Ordinance No. 25-4944
Ordinance conditionally rezoning approximately 48.6 acres of property
located north of N. Scott Blvd. and east of N. Dodge St. from Office
Research Park (ORP) zone and Interim Development Research Park (ID -
RP) zone to Mixed Use (MU) zone. (REZ24-0009)
Whereas, IntermediaryEd (formerly known as ACT, Inc.) has requested the rezoning of
property located north of N. Scott Blvd. and east of N. Dodge St. from Office Research Park (ORP)
zone and Interim Development Research Park (ID -RP) zone to Mixed Use (MU) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for uses
consistent with an Office Research Development Center, but provides flexibility for other uses
such as residential uses; and
Whereas, the property has never been platted and the rezoning allows for increased
development potential and creates a public need to subdivide the property to ensure an
interconnected street and block network prior to the issuance of any building permit for the
construction of new buildings or additions to existing buildings; and
Whereas, the rezoning creates a public need to ensure that the existing private streets can
accommodate the anticipated residential development by being improved to City street standards
as determined by the City Engineer and that these private streets are dedicated as public right-
of-way as part of the final platting process; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the approval of a preliminary and final plat, ensuring the private streets meet
City standards and are upgraded as determined by the City Engineer, and that the private streets
are dedicated to the City as public right-of-way during the platting process, the requested zoning
is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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, IntermediaryEd (formerly known as ACT, Inc.), has agreed that the
property shall be developed in accordance with the terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate development in this area of the City.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Mixed Use (MU) zone, as
indicated:
Auditor's Parcel 2019026, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 398, Plat Records of Johnson County, Iowa.
And
Auditor's Parcel 2019025, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 397, Plat Records of Johnson County, Iowa; excepting
Ordinance No. 25-4944
Page 2
therefrom that portion conveyed to the City of Iowa City for Right -of -Way in Warranty Deed
recorded in Book 6303, Page 859, records of Johnson County, Iowa.
And
A tract of land in the Southeast quarter of Section 2, Township 79 North, Range 6 West of
the 5th P.M., described as follows: Beginning at the Northeast corner of the Southeast
Quarter of Section 2, thence Southerly along the East line of said Section 2, 100.00 feet to
a point, thence Northwesterly to a point on the North line of said Southeast quarter of
Section 2 which lies 100.00 feet westerly of the point of beginning, thence Easterly along
said North line of the Southeast Quarter of Section 2, 100.00 feet to the point of beginning.
And
The Southwest Quarter of the Northwest Quarter of Section 1, Township 79 North, Range
6 West of the 5th P.M., Johnson County, Iowa, lying North of the Northerly Right of Way line of
North Scott Boulevard, and lying East of the now vacated Right of Way of Old Dubuque Road
(sometimes referred to as North Dubuque Road) as described in Book 1518, Page 263,
of the records of Johnson County, Iowa located in the Northwest Quarter of the Southwest
Quarter of the Northwest Quarter of Section 1, Township 79 North, Range 6 West of the
5th P.M. now being a portion or possibly a portion of the private drives known as ACT Drive
and ACT Road.
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign,
and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and any agreements or
other documentation authorized and required by the Conditional Zoning Agreement, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon
the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication in accordance with Iowa Code Chapter 380.
Passed and approved this 1,r day of _Tan„arW , 2025.
&�= r
Mayor
Ordinance No. 2 5-4944
Page 3
.rr.bl►6rR �c.
Attest: ))'Q f PI
City Clerk
= r.
Approved by
City Attorn 's ffice
(Eric Bigley — 01/02/2025)
Ordinance No. 25-4944
Page 4
It was moved by Moe and seconded by Salih
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
x
X
x
x
x
ABSENT: ABSTAIN:
x
Alter
Bergus
Vacant
Harmsen
Moe
Salih
Teague
First Consideration January 7, 2025
Vote for passage: AYES: Bergus, Harmsen, Moe, Salih
NAYS: None
ABSTAIN: Alter ABSENT: Teajzue
Second Consideration: ---------------------------------
that
Moved by Moe , seconded by Salih , that the rule requiring
ordinances to be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second consideration and vote be
waived, and the ordinance be voted upon for final passage at this time.
AYES: Bergus, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
ABSTAIN: Alter
Date Published:
January 30, 2025
Prepared by: Anne Russett, Senior Planner, 410 E. Washington, Iowa City, IA 52240 (REZ24-0009)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), and IntermediaryEd (formerly known as ACT, Inc.) (hereinafter referred to as "Owner").
Whereas, on May 2, 2024, Owner filed with the Iowa Secretary of State Articles of
Amendment changing its corporate name from "ACT, Inc." to "IntermediaryEd" (cert. no.
FT0343639); and
Whereas, Owner is the legal title holder of approximately 48.6 acres of property located
north of N. Scott Blvd. and east of N. Dodge St., legally described below; and
Whereas, the Owner has requested the rezoning of said property legally described below
from Office Research Park (ORP) zone and Interim Development Research Park (ID -RP) zone to
Mixed Use (MU) zone; and
Whereas, the property has never been platted and the rezoning allows for increased
development potential and creates a public need to subdivide the property to ensure an
interconnected street and block system prior to the issuance of any building permit for the
construction of new buildings or additions to existing buildings; and
Whereas, the rezoning creates a public need to ensure that the existing private streets
can accommodate the anticipated residential development by being improved to City street
standards as determined by the City Engineer and that these private streets are dedicated as
public right-of-way as part of the final platting process; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the approval of a preliminary and final plat, ensuring the private streets meet
City standards and are upgraded as determined by the City Engineer, and that the private streets
are dedicated to the City as public right-of-way during the platting process, the requested zoning
is consistent with the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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 agrees to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Owner is the legal title holder of the property legally described as:
Auditor's Parcel 2019026, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 398, Plat Records of Johnson County, Iowa.
And
Auditor's Parcel 2019025, Iowa City, Johnson County, Iowa, according to the plat
thereof recorded in Book 62, Page 397, Plat Records of Johnson County, Iowa;
excepting therefrom that portion conveyed to the City of Iowa City for Right -of -Way in
Warranty Deed recorded in Book 6303, Page 859, records of Johnson County, Iowa.
And
A tract of land in the Southeast quarter of Section 2, Township 79 North, Range 6 West
of the 5th P.M., described as follows: Beginning at the Northeast corner of the Southeast
Quarter of Section 2, thence Southerly along the East line of said Section 2, 100.00 feet
to a point, thence Northwesterly to a point on the North line of said Southeast quarter
of Section 2 which lies 100.00 feet westerly of the point of beginning, thence Easterly
along said North line of the Southeast Quarter of Section 2, 100.00 feet to the point of
beginning.
And
The Southwest Quarter of the Northwest Quarter of Section 1, Township 79 North,
Range 6 West of the 5`1 P.M., Johnson County, Iowa, lying North of the Northerly Right of
Way line of North Scott Boulevard, and lying East of the now vacated Right of Way of Old
Dubuque Road (sometimes referred to as North Dubuque Road) as described in Book
1518, Page 263, of the records of Johnson County, Iowa located in the Northwest
Quarter of the Southwest Quarter of the Northwest Quarter of Section 1, Township 79
North, Range 6 West of the 5th P.M. now being a portion or possibly a portion of the
private drives known as ACT Drive and ACT Road.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2024)
provides that the City of Iowa City may impose reasonable conditions on granting a
rezoning request, over and above the existing regulations, in order to satisfy public needs
caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the Zoning Code,
as well as the following conditions:
a. Prior to issuance of building permits for the construction of new buildings or
additions to existing buildings, the subject property shall go through the subdivision
process and obtain approval of a preliminary and final plat.
b. Prior to issuance of any building permit, the owner shall improve the private streets
to City standards or escrow for 110% of the cost of improving the private streets to
City standards. The City would also accept a letter of credit. If the City Engineer
finds that the present condition of the private streets is found to sufficiently satisfy
City standards, the City Engineer may release this condition in writing.
c. Prior to issuance of a certificate of occupancy for any residential use the
improvements shall be made to ensure that the private streets meet City standards
prior to the buildings being converted to residences. If the City Engineer finds that
the present condition of the private streets is found to sufficiently satisfy City
2
standards, the City Engineer may release this condition in writing.
d. At the time of preliminary and final platting of any of the rezoned land, the following
must be addressed:
1. Private streets shall be dedicated as public right-of-way.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2024), 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 with title to the land, shall inure to the benefit of and bind all successors,
representatives, and assigns of the parties, and shall remain in full force and effect unless
and until released of record by the City for the above -described property, upon which
occurrence these conditions shall be deemed satisfied and this agreement of no further
force and effect. Nothing in this Conditional Zoning Agreement shall be construed to
relieve the Owner from complying with all other applicable local, state, and federal
regulations.
6. 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 Owner's
expense.
Dated this 21st day of January 2025.
City of Iowa City
r
B uce Teague, Mayor
Attest:
s
I _
Kellie IGrace, City Clerk
Approved by:
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
ss:
Johnson County )
3
This instrument was acknowledged before me on January 21 , 2025 by Bruce Teague
and Kellie Grace as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for t e State of &
a
(Stamp or Seal) r/
My commission expires:
WMIRDY
r 855110xpires
4
IntermediaryEd (formerly ACT, Inc.)
G
i
Ranjit Sidhu, Executive Director
IntermediaryEd Acknowledgement:
State of!
County of L.UM 6�d-na
JEFFREY SCOTT MCNALLY 11
NOTARY PUBLIC
This record was acknowledged before me on 3 2025 by State of Maine
Raniit Sidhu (name) as Executive Director 'title) of IntermediaryEd. My Commission Expires
October 9, 2031
Notary Public in and for the State of4ewa-
(Stamp or Seal) ff
My commission expires: O/q / 3 l
IntermediaryEd (formerly ACT, Inc.)
Curt Yedlik, CFO
IntermediaryEd Acknowledgement:
State of
County of i O V)
This record was acknowledged before me on 3b4 ' 2025 by
Curt Yedlik (name) as Chief Financial Office (title) of IntermediaryEd.
Nabry Public in and f e State of Iowa
�tx"/ s JUSTINE PAYTON
_ J Commission Number 860014 (Stamp or Seal)
y missi x fires
'OW' My commission expires: IOI ?�bl aC
A
Kellie Grace
From:
Anne Russett
Sent:
Wednesday, January 8, 2025 8:30 AM
To:
Kellie Grace
Cc:
Danielle Sitzman
Subject:
FW: ACT Rezoning - Request for Collapse of Second and Third Meetings
Kellie — See the request below to consolidate the 2nd and 3rd reading of the ACT rezoning.
Thanks, Anne
From: Nick Hatz <nhatz@shive-hattery.com>
Sent: Wednesday, January 8, 2025 8:26 AM
To: Anne Russett <ARussett@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org>
Cc: jim@jnbice.com; steve@salidapartners.com; Travis S. Wright <TW right@ sh ive- hatte ry.co m>; Mark T. Seabold
<mseabold@shive-hattery.com>; curt.yedlik@intermediaryed.org
Subject: ACT Rezoning - Request for Collapse of Second and Third Meetings
A1
RI1SK
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hello,
Thank you for the excellent presentation to Council last night. Given the unanimous approval by P&Z and Council
with no public comment received at last nights meeting on behalf of my client we'd like to request that the City
collapse the second and third meetings for the ACT Rezoning REZ24-009. Please let us know if this is acceptable
when able.
Thanks,
Nick
Nick Hatz, P.E.
HelHimlHis
Managing Director —Cedar Rapids, Civil Engineer
Shive-Hattery
222 Third Avenue SE I Suite 300 1 P.O. Box 1803 1 Cedar Rapids, IA 52401
(o) 319.364.0227 1 (d) 319.892.3618 1 (c) 319.560.8880
SHIVC-I-IATTCRY
iCi- TtrTU+: _ <G1V _ER1r4G
Item Number: 8.b.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
January 21, 2025
Ordinance conditionally rezoning approximately 27.68 acres of property located east of Camp
Cardinal Blvd and west of Camp Cardinal Rd from Low Density Multifamily Residential Zone
with a Planned Development Overlay (OPD/RM-12) to Low Density Multifamily Residential
Zone with a Planned Development Overlay (OPD/RM-12). (REZ24-0010) (Second
Consideration)
Attachments: Staff Report-w-attachments
PZ 12.4.24 minutes
Ordinance
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ24-0010
Cardinal Heights
GENERAL INFORMATION:
Owner/Applicant:
Contact Person:
Prepared by: Anne Russett, Senior Planner
Date: December 4, 2024
Dave Oyler
IC Grove East, LLC
dave(a)navigatehomesiowa.com
Brian Vogel
Hall & Hall Engineers, Inc
1860 Boyson Road
Hiawatha, IA 52233
319-361-6325
brian(a)halleng.com
Requested Action: Rezoning from Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12) to Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12)
Purpose: Amend an approved Preliminary OPD Plan to
allow waivers to the minimum front setback and
maximum allowable building height for the multi-
family building located on Lot 11, Cardinal Heights
Part One.
Location:
Location Map:
East of Camp Cardinal Boulevard and West of
Camp Cardinal Road.
Size: 27.68 acres
K
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
Undeveloped, zoned for Low Density Multi -Family
Residential with a Planned Development Overlay
(OPD/RM-12)
North: OPD/RS-8 - Medium Density Single -
Family Residential with a Planned
Development Overlay
South: OPD/CC-2 - Community Commercial
with a Planned Development Overlay
East: OPD/RS-5 - Low Density Single -Family
Residential with a Planned
Development Overlay and
ID-RS - Interim Development Single -
Family Residential
West: OPD/RM-12 - Low Density Multi -Family
Residential with a Planned
Development Overlay
8-16 units / acre
None
EMT
Property owners in the surrounding areas have
been notified of the proposed subdivision and
rezoning and received notification of the Planning
and Zoning Commission public meeting. A
rezoning and a subdivision sign were posted on
the site on Camp Cardinal Boulevard.
November 15, 2024
December 30, 2024.
BACKGROUND INFORMATION:
The applicant, IC Grove East, LLC, is requesting a rezoning of 27.68 acres from Low Density
Multi -Family Residential with a Planned Development Overlay (OPD/RM-12) to Low Density Multi -
Family Residential with a Planned Development Overlay (OPD/RM-12) for land located east of
Camp Cardinal Blvd and west of Camp Cardinal Road. This property was previously rezoned to
OPD/RM-12 with a Preliminary Planned Development Overlay Plan from Interim Development —
Research Park (ID -RP) zone (Ordinance No. 22-4888). The previous rezoning was approved on
August 3, 2022, with the following condition:
1. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp Cardinal
Road.
Along with the approval of the rezoning and Preliminary OPD Plan, the Preliminary Plat for the
property was approved on October 3, 2022. (Resolution No. 22-254). The Final Plats for Cardinal
Heights Parts One and Two were approved on February 21, 2023 (Resolution No. 23-45 &
Resolution No. 23-46).
3
The purpose of the rezoning application is to amend the approved Preliminary Planned
Development Overlay Plan. The rezoning request is to allow for a 5 feet reduction in the minimum
front yard setback (from 20-feet to 15-feet) and a 7-foot increase in the maximum building height
(from 35-feet to 42-feet). The request is for the multi -family building on Lot 11, Cardinal Heights
Part One.
The revised Preliminary Planned Development Overlay and building renderings are provided in
Attachments 3 and 4.
Good Neighbor Policy: The applicant held a good neighbor meeting for the original rezoning on
February 1, 2022.
ANALYSIS:
Current zoning: The area is zoned as Low -Density Multi -Family with a Planned Development
Overlay (OPD/RM-12). The purpose of the RM-12 zone is to provide for the development of high
density, single-family housing and low density, multi -family housing. In this case, a mix of multi-
family housing units and duplex units provides a diverse variety of housing throughout the
neighborhood, as intended by RM-12 zoning. The land contains regulated sensitive features. Due
to impacts to the sensitive areas, a Planned Development Overlay was requested and approved in
2022.
Proposed zoning: The applicant is requesting to rezone the subject property (27.68 acres) to Low
Density Multi -Family with a Planned Development Overlay (OPD/RM-12). The proposed zoning
remains the same as the applicant is requesting an amendment to the approved Preliminary
Planned Development Overlay Plan. The OPD allows the applicant to request waivers for certain
zoning standards. In this case, a front yard setback reduction and an increase in maximum building
height is being proposed. The applicant is requesting this amendment for only one building on one
lot (Lot 11, Cardinal Heights Part One) in the residential subdivision.
General Planned Development Approval Criteria: Applications for Planned Development
Rezonings are reviewed for compliance with the following standards according to Article 14-3A of
the Iowa City Zoning Ordinance.
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
Density: The applicant is requesting a rezoning to an OPD/RM-12 zone, which allows for a density
of 15 dwelling units per net acre of land area (total land minus public and private streets right-of-
way). The proposed 30-unit complex, 4 townhomes, and 22 duplexes adds up to 78 total units
across the 25.02 acres of net site area, which equals 3.1 dwelling units per acre.
Land Uses Proposed: The applicant is proposing a mix of duplex and multi -family residential. There
are currently two areas to the west zoned RM-12 and one area to the southeast. The property to
the immediate west was rezoned to OPD/RM-12 in 2017 but remains undeveloped. The property
to the northwest also has RM-12 zoning with townhomes constructed, as well as ongoing townhome
development. Cardinal Villas Condominiums located southeast of the subject property is also zoned
as OPD/RM-12 with two multi -family buildings on the property. The area to the north is zoned
OPD/RS-8 and contains duplexes similar to those proposed. The addition of more duplexes and
multi -family housing to the area will complement the existing, ongoing, and future development
plans in the area.
Mass, Scale, and General Layout: Due to the potential impacts of the sensitive areas, the
CI
development layout is more compact instead of spreading out over the property. The proposed
duplexes are located on the western edge of the site off a cul-de-sac street to the north of Deer
Creek Road and a loop street to the south of Deer Creek Road. Additional duplexes front Deer
Creek Road to the east along with the proposed 30-unit multi -family buildings and townhomes.
Buildings in this zone cannot typically exceed 35 feet in height. Additionally, multi -family buildings
must typically be set back 20' from the front property line. However, the applicant has requested an
increase in the maximum height and a reduction in the front setback for the multi -family building on
Lot 11, Cardinal Heights Part One. The request is to increase the maximum allowable height to 42'
and reduce the minimum front setback to 15'. The townhome style multi -family units would still
adhere to the maximum 35' height and 20' setback.
The OPD plan shows duplex footprints with the access to garages from the front fagade. 14-3A-
4K-1 c-(2) requires garages and off-street parking areas be located so that they do not dominate
the streetscape. Alley or private rear lane access will be required, unless garages are recessed
behind the front facade of the dwelling in a manner that allows the residential portion of the
dwelling to predominate along the street. This standard will be reviewed at site plan and building
permitting stage to ensure full compliance to the requirement.
Open Space: The proposed development will need to comply with private open space standards,
outlined in section 14-2B-4E of the City Code. For the 30-unit complex, the calculation comes out
to be 430 square feet of private open space required (10 SF per bedroom, 43 total bedrooms in
complex). The townhome style multi -family units will also need 10 sq feet per bedroom. The
duplexes require a minimum of 300 square feet of open space per dwelling. The OPD plans shows
approximately 9,000 square feet of on -site open space for the multi -family uses. The revised OPD
plan does not make any changes to the outlots, which total 16.76 acres of regulated sensitive
features that were placed in conservation easement as part of the Final Plat process.
Traffic Circulation: The proposed development will have access off of Camp Cardinal Blvd through
an extension of Deer Creek Road. The extension of Deer Creek Road will provide access to the
entire site and, until Camp Cardinal Rd and a proposed traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road are constructed, Deer Creek Road will provide temporary access
to Camp Cardinal Road. This will provide a secondary access, if needed. The subdivision code 15-
3-2K authorizes the City to request an applicant to contribute 50% of the reconstruction cost of
bringing the segment of the subject street that abuts the subject property to city standards. As a
condition to the rezoning, the owner shall contribute 50% of the cost of upgrading Camp Cardinal
Road to City standards prior to issuance of building permit. The infrastructure also requires traffic
calming devices. The contribution shall include 50% of the cost of construction of the traffic circle at
the intersection of Deer Creek Road and Camp Cardinal Road.
2. The development will not overburden existing streets and utilities.
The property can be serviced by both sanitary sewer and water. Access to the site will be provided
through the extension of Deer Creek Road, which will connect to both Camp Cardinal Blvd and
Camp Cardinal Road.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional
development.
The nearest neighbors to the north of the subject property are separated by a woodland
preservation area and a stream corridor. The nearest neighbors to the east and southeast will
also remain separated due to the preservation of woodlands. The proposed development does
not adversely affect views, light and air, property values and privacy of neighboring properties any
more than would a conventional development.
9
4. The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with purpose of this Title, and with other building regulations.
The proposed RM-12 zone allows the proposed mix of residential land uses proposed. The
proposed multi -family building, duplexes, and townhome style multi -family units provide a range
of housing options. When factoring in both the total building area occupied (approximately 2.27
acres or 98,800 SF) and the total area occupied by R.O.W. (2.61 acres), the total lot coverage is
equal to approximately 15.5%. Meaning, approximately 84.5% of the net site area will remain free
of buildings, parking, and vehicular maneuvering areas. The mix of housing, the extension of Deer
Creek Road, and the preservation of sensitive features are in the public interest.
The applicant has requested two waivers from the underlying zoning requirements. Both requests
are only for the multi -family building on Lot 11, Cardinal Heights Part One.
Reduction in front setback to 15': The applicant has requested this modification due to site
terrain, sensitive features, and the existing conservation easement area. Additionally, the
Fire Department requested that the applicant move the building closer to the street to
address Fire Code concerns. The alternative was to provide a fire truck turnaround behind
the building which is not practical given the site constraints. Moving the building forward
requires a reduction in the minimum front yard setback from 20' to 15'. Staff finds this
request acceptable. Many residential uses have a 15' setback. The requested variation
will still accommodate light, air, privacy, as well as on -site open space.
2. Building height increase to 42': The applicant has requested this modification due to site
topography. Building height is measured from average grade to the top of roofline. For the
proposed flat roofed building the top of the roofline is the top of the parapet. Due to the
sloping nature of the site the rear facade will exceed the 35' height maximum. The outlot
to the north which contains protected woodlands and steep slopes will obscure views of
the rear building from neighboring property owners. Staff finds this request acceptable, as
well. The proposed increase in height will still accommodate sufficient light and air
circulation, as well as on -site open space.
Compliance with Comprehensive Plan: The area does not have a district plan hence, the
proposed development is reviewed according to the IC2030 Comprehensive Plan.
The Future Land Use Map of the IC2030 Comprehensive Plan identifies the subject property as
appropriate for residential development at a density of 8-16 dwelling units per acre. As previously
stated, the subject property proposes around 3.1 dwelling units per net acre. This density is
actually below what is envisioned in the plan; however, the site is constrained due to the sensitive
features.
The IC2030 Comprehensive Plan encourages urban growth through compact and connected
neighborhoods. The proposed development demonstrates a commitment to these goals by
providing interconnected sidewalks and a variety of housing types that as noted in the
Comprehensive Plan, "Ensure a mix of housing types within each neighborhood to provide options
for households of all types and people of all incomes".
The Comprehensive Plan encourages pedestrian -oriented development and attractive and
functional streetscapes that make it safe, convenient, and comfortable to walk. The applicant is
showing sidewalks along both sides of Madan Court and Dear Creek Road. The plan also shows
a sidewalk along Madan Loop and connected to the Deer Creek sidewalk on the subject property.
The sidewalk along Deer Creek will connect to the existing sidewalk along Camp Cardinal Blvd.
Although the comprehensive plan discourages cul-de-sacs and emphasizes stub streets for future
N
connectivity, the proposed development is limited due to sensitive areas and existing
neighborhood constraints. Specifically, due to the layout of the neighborhood to the north, which
incorporates a loop street, connecting with that existing neighborhood is not possible. By
proposing development on the most buildable portion of the property, and thereby preserving the
natural areas of the property, the development aligns with the goals of the comprehensive plan.
Environmentally Sensitive Areas: The subject property contains regulated wetlands,
woodlands, and slopes. The applicant submitted a Preliminary Sensitive Areas Development Plan
as part of the 2022 OPD rezoning.
Since the rezoning the area went through the final platting process. The Final Plat created a
conservation easement area that protects the sensitive features outside of the area to be developed.
The proposed rezoning to address height and setbacks does not change the conservation
easements or anything from the originally approved Preliminary Sensitive Areas Development Plan.
NEXT STEPS:
Upon recommendation from the Planning and
scheduled for consideration by the City Council.
Zoning Commission, a public hearing will be
STAFF RECOMMENDATIONS:
Staff recommends approval of REZ24-0010, a proposal to rezone approximately 27.68 acres of
land located east of Camp Cardinal Blvd and west of Camp Cardinal Road from Low Density
Multifamily Residential with a Planned Development Overlay (OPD/RM-12) zone to Low Density
Multi -Family Residential with a Planned Development Overlay (OPD/RM-12) zone subject to the
following condition:
1. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp Cardinal
Road.
ATTACHMENTS:
1. Aerial Location Map
2. Zoning Map
3. Revised Preliminary Planned Development Overlay Plan
4. Multi -Family Building Renderings
Approved by:
Tracy Hightshbe, irector
Department of ighborhood and Development Services
ATTACHMENT 1
Aerial Location Map
ATTACHMENT 2
Zoning Map
ATTACHMENT 3
Revised Preliminary Planned Development Overlay Plan
REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY AND SENSITIVE AREAS DEVELOPMENT PLAN FOR
CARDINAL HEIGHTS (PART I AND PART 2)
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
UTILITY AND EMERGENCY TELEPHONE NUMBERS
CITY OF IOWA CITY, IOWA
IOWA
...52fi0 (DONE —CALL
(3 19)-63 1-1144
(3 ll)-33 6
PLANS SCALE WHEN PLOTTED
HALL & HALL ENGINEERS INC_
PLAN DATE fl/25/20M
CITY FILE NUMBER
HALL AND HALL PROJECT NUMBER 20A 20 2
LOCATION MAP
(SCALE 1 -500)
SHEET INDEX USE DIMENSIONAL STANDARDS (RM-1
CONTACT PERSON ZONING
APPLICANT/OWNER
OWNER'S ATTORNEY
AREA CALCULATIONS
<
w
Rz
SITE LEGAL /REZONING DESCRIPTION OPEN SPACE REQUIREMENTS
NOTES
lo
PARKING REQUIREMENTS (30-PLEX BUILDING)
STANDARD VARIATIONS
,`x °J «.�
� ��s,�° ewmxaaworeLzo Ex�,�ao��a�� �I — _
_ w�.a�Eo�.TME�oMEow� .M,a�v
hffo0� )
II „fir_ II
s� �I _mtt
/ - �5�ys�
� II i� gl oo;av x,swLL � I /
arms eomwwrveusssoawnory weo �� _��'..,.,, I `E'"�Eo"w�i�"aE / 'ter;—,
�� +a� ccrsert vwrtsrtvsewertexrervs�ar w0000srs000sF �� ;• rstl�,�"_�- 'I v I _ I
�l \ V I I
38 °°LOT 1
N
i
o.eT AISFc c EwsEmE �' - NAZI uc r Ssa7 aI PeA piN
m
�m
--- — +- — oaAME.AL EE
1� , o���LOT eREAI:DowN
Lr__ j t, eoac)vano N EA e Em EY
/
lO\�//� HALL HALL ENGINEERS,INN m REMAND PRELISENSITIVE AREAS
EELOPMENT PLAN
OVERLAY
YYA AND SENSITIVE AREAS DEVELOPMENT PLAN FOR SITE LAYOUT&UTILITIES ^2 0
CITY CARDINAL HEIGHTS (PART 1 AND HART 2)
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
ss\o s \ o II IIIII I\\`1\\\�rva�
A
A 1 6 i
u �mreaarioeowmi
/ ��1V�MII�I��II\v�'Jlnl �o1�s
,�, � r r)111 ;✓ l v
\��
0
S
—
IIuS
�.
I� ri
..««.��roa,tiALLo,a��o,PrtiAtioLo�notiorA 4
—
3 A�„hwo�,�LLe,o,a.oar,,o�tiAaoROAti�,w�,x,�,oh� � ��c
,xoLo�notia,00a.o.a,�oRo.oaTM„R,,w�,a,Aoo��eL, � ,� ,.;v �
carsrnurnox ��h a.aunmes raom TM, oAh coxsrnurnox arnNnes e,���.o
MU,.����aeceann�no��.Ahr.,E�.oROV�oEo,�ow�LLeE�or.,E�o-oEar.,�E� � 3s�r.,� .
NAfo
w�k��� o�,� ,ALL e, sueeueo a cowor TME ,w000,�o r.,U,. e,.Ar.,�,�a
ns mxrexs. ae�w000 r.,UneE ceuoo�cvirucowreo.ostiow mwux. � ��o
ro�Mu6
ezas�ox mxrnoLcw,rnces. Uooaho���o��oFTME��oo w��eE oao�oEo.o - =
--
.xEsw000.—
�.
�oM TME aroF�oate. m�TM� �.oa a�„�6aoE�.,R — .'A'� ✓ �i v vi J v x v I �� ®.m m„�,_e. M""UNs,a
M���MUMs .00,o�L .eaaeooa �waosuarace o�TM„�h seau aecerve eaiw.e1 v v ��'_I��� .,� Ali/�u j �s,.a�a,.o o
cs�ar arvo seo�merv.anory mee.me a,PU�a,M,�n o..�, nr¢wu _eoutvAi.
carsrnurnory aorvmes. LAo,o�ti�ti�eaoeeanesraomorsauPncry ouam� _-TTr�', i l I Iw� 1���1 I ��/�j��__� 1v Iv�1 Ili /, ri—_ vpv qqn II IIII Iill11
I111,
�II'a`'�j'I
L �
IPI t l \ /A 1 \ \ V / /—�i i /
\
IF
ads �/�V � l// — � \ \\ A V
V / i `I%
r
V
Tz �e�p`Lm �`���,•��.J/ \�° /� ��— e"/ / r�� �r�ii�ifi�rr ��'-`/ �� _s��� � �a �� 'i'i i�i� Q
�,r rlhr ICI
liMr ..�rr'Jr -,k\��1,1 IT
V� z s PA �� \ IX `
�� ���o�'riliirr�ru�ir���
w
,)�:rti
��IoA A\fir hlAlnr
ri r i I�
r/T j
'In�r III Ilii A��t
/ ---'
i%F��
br���.��A��\.��� g - tea- �?'= -__;' �o �r'��r � \ — �"' •� �, =' / —
�I�i'in��il
-_C_ o -
- r � � r �I \ � � � � Iw✓ \ I „5f
d r � r r
(L r.
I r
- I r aim -
_--_
�r/, ,-
-
ter/�iil�i�Od����i'jh�i�'u NITE.
// \ / II II ��/ /� --_i, '— —i %i %�i, I'I�III�IJI�I ��II� I rrl✓r/flllllll EnaET.
vrEw wETLnNo IRL.—n IN aEv..TuS,,TH__N,P ,
/�'%ii
OW HALL HALL ENGINEERS,cN REMAND PRELIMINARY AREAS
DEVELOPMENT
PLAN
OVERLAY ,
Y�Y�//"� AND SENSITIVE AREAS DEVELOPMENT PLAN FOR WETLANDS DISTURBANCE AND PRESERVATION ^ ^ .0
CI I I CARDINAL HEIGHTS (PART 1 AND PART 2) f Y
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
cc— —� — — —--
_
C
\s
yX,a< '
\ _
;a gib,
".,
y .. i
P� .
AP i
L _
I
I.
.a�
e°
WOODLANDS HATCH LEGEND I
I
INRI B(R.o
?,C`
o..�a�� �seaownox uuw 5,.
' \
WOODLANDDISTURBANCECALCULATIONS — y
C—canctivu eax vaw �I_'� 1 �✓'8
HALL HALL ENGINEERS, INC REVISED PRELIMINARYPLANNEDDEVELOPMENTOVERLAY
YY /"� AND SENSITIVE AREAS DEVELOPMENT PLAN FOR WOODLAND DISTURBANCE AND PRESERVATION
IO\A/^ pS.O CARDINAL HEIGHTS (PART 1 AND PART 2)
CITum IN THE
CITY OFIOWACITY,JOHNSONCOUNTY,IOWA
(l—
i
r;�oLl�x,I DI
fl�
cc—
�i
\o —
IVv"
\°\CZ/ TVi%ii/.r �r (((rl it ,1 — — r ri' ri 'r �'
������.�\�\/�rrrrl r'
\��p\��\r
��
—
\
__—___s;fi
) �\ \ \\ IgI)gq nn llrll\rrr\�`���\ ;=_____.�� —,moo/°S� _ �l� yi%r'%rrr r� ,__--_ __ _ �_ _ �I pppp l u rlrr i ____ = i, ,�S�/i�s�,, \ _
\� � \� \ \IIIIII :c�`���_ `\ � \\`iu _ —_= s�o i �
�'/
��'��
,'� _=__ = .fir
m \�r\r \)I\y`I)ir`I `\rl II II�.�y,<��_;:______ ����._,
1ln p ice—_=1)
'v411i A—, _=——____�--\�._ Il ,—'�, �)> \`�°: \)-- II) / a-'oj�
TL
/'%`_—'�;— '�r Illr/rr�lr�ir'�ss
�I'
r')I f f I�irfl"�—"",',.`�'_— (rr/ti/°r.
\)\, _ �'S'ri/ r r rullWlgl ;��`;= \� �rLr„"r>rl�; V \�C\\` � J` `=�,��, % �f ° r/ ' 'rrr r r _
IV Ilr I r% � i ` ivy
ill\� �ri�i �gyrrl��ili i — _;�`::`)Inr"`-
�o�ll
r��v v`lrT'\_\ /pil 11 IVI
'` III ri ``
�� : r �� i I I
\
, i
\
r I ), rrr
r§€e p r \ I r
VAA JI IIIVIIIr � _— ,3; rrll rJ sRAr vo. �s `a v I I/,�'/
iVIW Irr r/ r �\ =1 III ) � riot I
✓'r���rll'/r)myll II q III � � s _ — � /� r
r;ryrrVrnrrrr I g\ _ ra I I
I'1141 rrn�r�"nl I yr — ' v a r
—
r
,'.1IIII lliiiliilllup�
C3 ss. eras
Map,`\" ! \ mI IAI.- ANI EII.N—
MI�v/�=Z—
_
5 I ` ` d� / /� aEpUraErvlENrs FOR MULn-FnrvlrLv.
cngctivu SayEvn{w V ' 1 aEau:��I.s ACE
`___V`w
` _ r r �wr_i I I�i'�� =��1 I vIw`ivA�Ip%iir�4i��: Ao�`)iw vl
1-1— SISIE
I' ')Ihi rim=-_—��' �'i rilriq�r''i irp� ii''��i0`�i`vhvia) ti o�Eas.oa.mEE EEs aE GaEo oRo��oEo.�aos.
_/; '—= rhii«I(u�,— ����r'gr'I/Ihllllilliu l�;I PIIVll1vIIIIII'�II°i)I I �E
7Q r
i_,
_. �vII I�I Ilr q rr _,� _ �____ i _._=`—_='='_�_=IIIIII II Orr— � rr rgrl r/ir I IIIIIIIIIIIIII II oarvamervraLrnee a.°yes.°3atios°aoEs°aEEti�ti�aEe��aEr.,Etis
=�--___��'�__�_—
llIloll
pllull�llgllllq;i)n I I 1 1
Illlr II r,
77
/ / I�\A/ A IHALL
MLEN6& EA6� ENGINEERS PNC REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY
/ / YY /"\ �AND SENSITIVE AREAS DEVELOPMENT PLAN FOR LANDSCAPE PLAN
CITY I��/ IN THE ARDINAL HEIGHTS (PART 1 AND PART 2) Ll .0
CITY OE IOWA CITY, JOHNSON COUNTY, IOWA
GENERAL LANDSCAPE NOTES
COrvTRACTOR TO REPAIRDAMAlE To UHHHE'AND'TRUIuRE'�MM
2 PRIOR TO PLANT MATER A IN 'TALLAHO N TH AN CAPE
BE REQUIRE, To MINIM p OTEN TIAL IN �E R F� PLEN CD E _H
REPREs[rvTAnvE. COrvTAcr THEPRoEE,urvo'CAPE ARCHHE,
a. ALL PLANT MATERIALsnALL AT LEAS HEFT MINIMUM REpu.REMErvTssnowry
I PLANT QUANHHEI ARE FOR —TRACTOR I CO—N.ENCE
I NO PLANT MATERIAL lHALL BE IUBI.TUTED WITHOUT THE
Arvo TREE R.rvIN
�s'HALL CONTAIN SPADE/snovE arT EDv1rv�
NURIERYTAGIIHALLBELEnory PLANT MATERIAL UNTIL LAry
I CONTAIN ER GROWN ITOCI IH ALL H — THE CONTAIN ER REM-ED
srvTnencREIN
BE BALLED AND WR
ED OR Co NTAINER
'ALL
AP p
10 ALL PLAN'
', METALS, ORPLanic"wALL eE REMoveD AT
BRAN CHE' NEEDED,
R TH 0IE THAT COMPROML'E APPEARANCE AND
EDING MULCHING AND OT
PER LANDICAPE PLAN, HAI BEEN COMPLETED AND APPR-ED
Exs. cr �owA orvE uu(v-eoo-zsz-eses)oR evv
ERATELY AT wNTRAcrou PEryE FORECOMMENCEMEN
ARCHITECT OR OINER I REPREIENT—E lHALL APM-E PLANT LOCAHONI HELD ADINITMENTI
E TIN' UTILITIE, TO M.N.M.IE HAIARW TO PLANT IROWTH ANDTO MP—E MAINTENANCE
lHALL BE FLAGGED AND PLANTING BED HAL BE DELINEATED FOR 0
ORowNER'REME'ENTA_ E ONE WA, PRIOR To ANTICIPATED PANTMATERIAL�rvsALUTnory
IN THE AMERIury sAry DnaD FOR rvuuERrsoa<^(Arvs.Ill .I-uTES Eomorv).
DRAW.NGI lHALL PRE—L WHERE RICREPAN-1 OCCUR
AUTHOR.11.0N OF THE LANDICAPE ARCHIECT OR OWNER I REPREIENTA—E
�eED'AND TREE RINGI. MULCH wrv�s FOR TREE''HALL BE A MINIMUM
AT MULcn EDGE.
DICAPE ARCHHECI OR OWNER 'REPRE'ENT—EHAI COMPLETED THE INITIAL ACCEPTANCE.
AND THE ROOT BALL CUT THROUGH THE INRF— IN TWO —T.CAL LOCAHONI
GROWN Al 1PECIFIED NO NTA.NER IOCN WILL BE ACCEPTED I IT .1 ROOT BOUND
nME or PLArvnrvC. BE SET PLUMB To CRourvo Arvo FACED FOR eEs APPEARnrvcE.
saucruRE To A MAx or;yPTHE PLANT ,
BY LANDICAPE ARCHHECT OR OWNER I REPREIENT—E
BED PREPARATION
AT LEAS ae nouu PRIOR D���w�.
OF PROPOIED PLANT LOCAHONI MI EICEED�NFTAIBILE.
CONRHONI AND— IN CONI.DERAT.ON THAN
IT lE NE
DATE10 LAY UTAPPRovAL. 5 C'
PLANTING
AMENDED
1 PART
TOPIOIL
FOOT DIAMETER. ALL MULCH eEDs
REIU�e.
ALL ROOT WRAPPING MATERIAL MADE OF EQUAL
Al rvECEssnar, PRUNE DEAD
PER MANUFACTURE'
AND MULCHING NOTES
NANTDUROARLITAONP.' PALLETRH ACONTI CTONNTOTTLNEOT
EN W
11, PRE E FROM LUMP' AR' E ' AND %'TONEII PROAONT11
aG.°.e
AIU 'HALL
THORO
IAND
IHALL BE A ' 'p ECIFIED W ITHIN THE NOTE ABOIE
BE rwELr 'CRANED GRADEDTO PAW s�EVE
or Ill BEING LI OR'MAUER (DRY BA'.'
LT)Mu or Towe eE�rv� slCz OR sm AUER (oar eAs�s
WITH CLUMPI OR PART—E ' 3" `AMER OR GREATER
DE (PREEREos uAA)L
DLRECnorv', To ALL PLANTING eEW
BE INE
ADDmorvALCOSTo THE owrvER. ry AaroaonrvcE wrtn
14 ALL AR— —TURBED BY CONITRUCTION lHALL —E FULL
OWNER UNLEW NOTED OTHERW.,E
15 ALL —DING APPLICATION N OTE I A RE L"TED I N=EOERDCA.,
ITANDARDI Al APPL='NTGHE POA' ANOD N OTD E 'E "N ETH .1,1A
17 ALL TRAI TO BE PLACED WITHIN PAR—G LOT lLANW ARE
11 ALL LANDICAPE TO BE NITALLED PER APPLICABLE IUDAI OR
11 NURIERY IOURCE FOR LANDICAP PLANTI IHOWN HEREON
20 P-11DE AND MAINTAIN '01111E DRAINAGE THROUGHOUT
To CREATE AREA OF LOCAL._ PONDING
(I) YEAR TnoM DATE or INITIAL ACCEPTArvCE.
LArva'uPE PLArv'. ALL PLANT' THAT ARE DEAD ORLry AN urvn EALTHr oR urvsL�wTLr SATE
IURFACE RE10RAHON IMPLEMENTED BY MEANI OF TURF GRAW LAWN IEED AND/OR 10D CONTRACTOR
Ll'CAHDoARDlTAl A. NTCRAABIOR lHALL FOLLOW IEED MANUFACTURER I RECOMMENDED IPEC.F.CAT.ONI
ANTU'FA E RE`RIRDE� 'U %Tl'o0NR`CIIl lTANCo'EDRlEAlWPPH!CA BNEIE GENERAL NOTEI, CONTRACTOR
TO ITR.11 FOLLOW APPLICABLE IUDAI OR CITY ITANDARDI
CITY IANDARDI
lHALL BE WITHIN A 500 MILE RARNI OF —A CITY —A AND GROWN IN A CLIMATE IONE OF
CONITRUCHON AND NITALLAHON DO NOT ALLOW ADDITION OF TOPIO.L, PLANTING 10.L OR
RPLAN
ARE REpuLRED To BE REPLACED AT NO SEED/
TO —.TA00RRNATE WITH 1 1 TURF
ALL
FOR PRODUCT INFORMATION E-1.0N
lHALL FOLLOW IUDAI OR CITY U
3 ALALNTURF
5A OR COLDER
MULCH TO DETER '01—E DRAINAGE OR
SURFACE
To
SOD APPLICATION NOTES
GRAII LAWN IAD ALTERNATE Il -�D N'ULDEAU'0,10D
IADING APPLICATION AREA, 'HALL ER PE
CONTROL BLANIET NITALLED
EW E
GRAW 10D TO BE OF THE IAME PERFORMANCE QUALITY
RESTORATION APPLICATION NOTES
BE PLANTED AND I THE
� °r nroun n m�e mm
Oe n�„nn„r.n or°orn,�.
�L P W o,n,mPnons n,a.iim,.,nr
sY
v. w .r,Ad,on �yi )SllDAS 903�.101
rR p om.ane.00�mm
�a_ a«•z�anm an..e�o�r.aieo
WD o.nnn.00��b
_ � SUDAS 9030.172
IOYYA HILL I HILL tN(;INttHS, INI REVISED PRELIMINARY PLANNED DEVELOPMENT OVERLAY
AND SENSITIVE AREAS DEVELOPMENT PLAN FOR LANDSCAPE PLAN DETAILS L2.0
Ap By CARDINAL HEIGHTS (PART I AND PART 2)
CITY �o IN THI
CITY OFIOWACITY,JOHNSONCOUNTY,IOWA
ATTACHMENT 4
Multi -Family Building Renderings
----------I
u WEST ELEVATION (OUTDOOR PATIO)
Us—E. ua` � o
CARDINAL HEIGHTS
IOWA CITY
rtw - (30 UNITS)
8-05-2024
SOUTH EXTERIOR ELEVATION (STREET VIEW) i
—E ua.—„I. O 10' 20' 30' 40' 50'
JL-1----- — — — — — — L
--------------------------------------------------------------------
-------------------------
q ■IMIMIMI 1
011111111111�11111111 914111 ' • � � n_ 11191 " ®IIlill �in
LIN
: .Mall
CARDINAL HEIGHTS
IOWA CITY t -
(30 UNITS)
8-05-2024
IIIIIIIIIIIIIIIIIIII
— — lllllllllllllllllllllll
hltllllllllllllllllllll.
--11111111111111111-
i��������=
I111111111111I111I1111111111®
�Itllllllllllllllllll.
�
m.......�:_,_-:_-_�����������������--�������II``i
-
nnnml�1i�11nnnnml
nnii�����II ®—.�.�.�.`..
nnmil1i111nnnnmill
i --
�—ifiiifiiniiiiilliillmnio
-
iillinnnnml�lillinm
,. = --_
I xx
l i I
I
I
U NORTH ELEVATION (PARIQNG LOT SIDE)
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 4, 2024-6:OOPM—FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Steve Miller, Scott
Quellhorst, Billie Townsend, Chad Wade
MEMBERS ABSENT:
STAFF PRESENT: Eric Bigley, Anne Russett
OTHERS PRESENT: Gina Landau, Brian Vogel
RECOMMENDATIONS TO COUNCIL:
By a vote of 7-0 the Commission recommends approval of REZ24-0010, a proposal to rezone
approximately 27.68 acres of land located east of Camp Cardinal Blvd and west of Camp
Cardinal Road from Low Density Multifamily Residential with a Planned Development Overlay
(OPD/RM-12) zone to Low Density Multi -Family Residential with a Planned Development
Overlay (OPD/RM-12) zone subject to the following condition:
1. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp
Cardinal Road.
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. REZ24-0010
Location: East of Camp Cardinal Boulevard and West of Camp Cardinal Road
An application for a rezoning of approximately 27.68 acres of land from Low Density Multi Family
Residential with a Planned Development Overlay (OPD/RM-12) to Low Density Multi Family
Residential with a Planned Development Overlay (OPD/RM-12).
Russett began the staff report showing an aerial of the subject property, it's located east of Camp
Cardinal Boulevard and west of Camp Cardinal Road. The property is currently zoned RM-12
with a Planned Development Overlay, the land to the west is also zoned RM-12, with a Planned
Development Overlay and that site is currently vacant. To the south, it's zoned Community
Commercial, to the southeast there's more RM-12 zoning and two existing apartment buildings.
To the east is the land that the Commission discussed at the last meeting, the proposed Western
Homes development that was zoned RS-8 with a Planned Development Overlay.
In terms of background, this property was originally rezoned to OPD RM-12 in August 2022, after
that rezoning approval went through the applicants moved forward with the subdivision process
and their final plats for Cardinal Heights, Part One and Part Two were approved in February
2023. Russett shared the proposed OPD plan and explained this request does not change the
proposed land uses or building types that were originally approved with the rezoning from August
Planning and Zoning Commission
December 4, 2024
Page 2 of 7
2022 nor does it change anything regarding the Sensitive Areas Development Plan or the
conservation easements that were approved as part of the subdivision process. The purpose of
this rezoning is to request two waivers from zoning standards, and these requests can only be
approved through a Planned Development Overlay process. The first request is a 5' reduction in
the minimum front yard setback from 20' to 15' and the second request is a 7' increase in the
maximum building height from 35' to 42'. Russett also pointed out the requests are only for the
one multifamily building.
Russett shared a few photographs of the site. She noted again the current rezoning is OPD/RM-
12 and the proposed rezoning is OPD/RM-12 and the request is to allow some flexibility in
zoning standards. The total number of lots, which is 23, is not changing. There will be 22
duplexes, four townhome style units and one 30-unit multifamily building. Deer Creek Road will
be extended through the site, there will be one cul-de-sac to the north and a loop street to the
south where all of the duplexes would be.
For rezonings there are specific approval criteria along with the general approval criteria. The
first standard is related to the design density and whether or not it's compatible with adjacent
developments. The proposed land uses do fit with the existing developments and the proposed
development to the east, the development and intensity transitions from lower scale on the west
side with the duplexes and increases to the east, which aligns well with the proposed multifamily
that Western Homes is proposing on their site. Russett noted an error in the staff report as it
stated that the garages for the duplexes will need to be recessed from the front facade of the
building but since this is a RM-12 zone the duplexes do not need to meet that standard as that is
for certain single-family zones. In terms of open space, there is a lot of open space on the site
due to the sensitive areas. In terms of traffic circulation, the property would be accessed off of
Camp Cardinal Road and there is a proposed traffic circle at the intersection of Deer Creek Road
and Camp Cardinal Road. Staff is recommending that the Commission maintain that previously
approved condition that requires the owner to contribute 50% of the cost of the construction of
Camp Cardinal Road as well as the traffic circle.
The second criteria is that the development will not overburdening existing utilities and Russett
explained this is an infill site and the subject property has access to sanitary sewer and water,
and the developer is already installing infrastructure on the property.
The third criteria is that development will not adversely affect views, light, air, property values
and privacy, as mentioned previously, there are existing conservation easements on the property
that will be maintained with almost 17 acres of land that will not be developed and will be
preserved. Also, there's not a lot of development around the subject property, there's some
duplexes to the north, there's the existing apartments to the southeast, and there's Saint Andrew
Church to the east so this development will not impact neighboring residents more than a
conventional development would.
The fourth criteria is that land use building types and the proposed variations from zoning
requirements will be in the public interest. Russett reiterated regarding the waivers, they are just
for one building and the applicant has requested a reduction in the front setback from 20' to 15'
due to site terrain, sensitive features and the existing conservation easements in the area.
Additionally, the fire department requested that the applicant move the building closer to the
street to address fire code concerns. The alternative of moving the building was to provide a fire
truck turn around behind the building, which was not practical given the conservation easement
Planning and Zoning Commission
December 4, 2024
Page 3 of 7
and the site constraints but moving the building forward requires approval of the setback
reduction. Staff finds this request to be acceptable as many other residential uses have a 15'
setback and the requested variation will still accommodate light, air, privacy, as well as onsite
open space. The second request is to increase the building height of this building to 42' and the
applicant has requested this modification due to site topography. Staff measures building height
based on the average grade to the top of the roof line so due to the sloping nature of the site, the
building exceeds that 35' height maximum, however from the front of the building, it will appear to
be 35' and at the rear of the building it will appear taller than 35' because of the sloping grade on
the site. The rear portion of the building that will look taller is adjacent to an outlot, which is
wooded, and so visually will have no impact of passerby's on the street so staff finds this request
to be reasonable as well. Additionally, the proposed increase in height will still accommodate
sufficient light and air and open space, and the building will still appear to be 35' from the front.
Russett shared some elevations that were provided by the applicant of the multifamily building.
In terms of consistency with the Comprehensive Plan, the Future Land Use Map envisions this to
be between eight and 16 dwelling units per acre and the proposed development is under that at
three, but the site is constrained significantly by the sensitive features. The applicants are
incorporating a diversity of housing types and preserving woodlands, wetlands and slopes on the
site. Regarding the environmentally sensitive areas the conservation easements have been put
in place to protect the sensitive areas and that will not be changing.
In terms of next steps, after a recommendation from the Commission, City Council will set a
public hearing, likely at their next meeting on December 10, and the public hearing would then be
on January 7.
Staff recommends approval of REZ24-0010, a proposal to rezone approximately 27.68 acres of
land located east of Camp Cardinal Blvd and west of Camp Cardinal Road from Low Density
Multifamily Residential with a Planned Development Overlay (OPD/RM-12) zone to Low Density
Multi -Family Residential with a Planned Development Overlay (OPD/RM-12) zone subject to the
following condition:
2. Prior to issuance of building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards. This contribution shall include 50% of the cost of
construction of the traffic circle at the intersection of Deer Creek Road and Camp
Cardinal Road.
Hensch noted one of the criteria is that the development, or the change, doesn't impact views
and that always seems so subjective, the view for one person could be fine and to another
person it is horrible and for no reason other than personal opinion. Are there any objective
criteria regarding that or is it subjectively interpreted. Russett confirmed it is subjective and for
this property, in terms of views, the only real neighbors are to the north and they're still going to
have a creek and a woodland in their backyard and that won't change with this development.
Quellhorst noted in the report the applicant held a Good Neighbor meeting, what was the result
or feedback that was obtained as a result of that meeting. Russett explained they held the Good
Neighbor meeting for the original rezoning in 2022 and there was a significant amount of
feedback from that Good Neighbor meeting and the public hearing process for that, but with this
rezoning, staff hasn't heard anything from neighbors, and they were notified of the meeting
tonight.
Planning and Zoning Commission
December 4, 2024
Page 4 of 7
Craig asked about the traffic circle and does it go between the two developments. Russett
explained the traffic circle does go into the Western Homes development and they are also
required to contribute 50% of the cost of that construction of that traffic circle.
Hensch opened the public hearing.
Gina Landau (Navigate Homes) stated nothing's really changed from the very beginning as far
as the intention of the development it was just as they started designing parking lots and parking
underground areas, they ran into a couple glitches and realized they would need the waivers.
Hensch asked if moving the setback in the front was primarily because of the fire department's
request. Landau confirmed they met with the fire department, and it was their requirement for
safety. And then regarding the additional height, that's primarily related to the topography on the
site because the intention is to have parking underground, and the back part of the building will
appear as a four story and the front is only a three story. There will be a little bit of outdoor
parking just to hit the requirements, but the majority of the parking will be underground.
Craig asked who's the target audience here as it seems like a nice development for families but
where are the kids going to play. Landau stated she is not the sales and the marketing person
but these will be condos, not an apartment building and typically, most condos are first time
home buyers who eventually will maybe move into a duplex, which is what the rest of that
development is. Residents may possibly have children, yes, but maybe just starting their families,
and while there's no structured play area there's lots of open space with the conservation areas
around it.
Landau noted all of the open space with the outlots will be maintained by an HOA and they've
been working with the attorneys to get those set up to make it equitable for everyone.
Hensch asked how many acres of open space are in the Conservation Reserve. Russett noted
it's almost 17 acres.
Craig noted HOAs don't always take care of their open spaces well, so if there's a way to make
HOAs more responsive to the maintenance of their responsibilities that would be appreciated.
Townsend asked if there are affordable units in this development. Landau stated there's nothing
designated as true affordable housing according to City requirements, but these are not luxury
units, they are all one- and two -bedroom units in the 30-plex and they are trying to keep the price
point down where someone can actually afford to buy it as a first time homeowner.
Townsend asked given the extra height waiver is there any reason why they couldn't have asked
for some affordable units in these buildings. Russett noted this area doesn't require income
restricted units and the Commission would have add a condition the rezoning and demonstrate
that this rezoning creates a public need for those income restricted units.
Russett also noted regarding the height waiver, it's really a topography issue. The height is
calculated from the average grade and from the front it is going to be 35' but the code measures
height from the middle which is a much lower grade on this site.
Planning and Zoning Commission
December 4, 2024
Page 5 of 7
Hensch noted in this area there's a history of neighbors complaining about view interference with
their view and so he just wants to make sure they address that.
Brian Vogel (Engineer, Hall & Hall) explained he doesn't know the distance from other buildings
and the views, but as far as the height the front of the building is going to be 30' not even 35' but
then as the grade slopes away to get to the back it will be the 40' height. There is about a 12'
change in grade due to the slope from front to back.
Hensch closed the public hearing.
Elliott moves to recommend approval of REZ24-0010, a proposal to rezone approximately
27.68 acres of land located east of Camp Cardinal Blvd and west of Camp Cardinal Road
from Low Density Multifamily Residential with a Planned Development Overlay (OPD/RM-
12) zone to Low Density Multi -Family Residential with a Planned Development Overlay
(OPD/RM-12) zone subject to the following condition:
3. Prior to issuance of building permit, Owner shall contribute 50% of the cost of
upgrading Camp Cardinal Road to City standards. This contribution shall include
50% of the cost of construction of the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road.
Wade seconded the motion.
Elliott stated it seems like a simple request, the fire department requests the setback, and the
height seems to be reasonable based on staff recommendation.
Wade noted it's a safety request based on the fire department and the law of averages for the
topography.
Hensch stated he thinks this is a pretty reasonable request and any chance to increase the
number of housing units that are more accessible by Iowa City standards they certainly should
do that so he supports this application.
A vote was taken and the motion passed 7-0.
DISCUSSION OF PLANNING & ZONING COMMISSION REPRESENTATION ON THE
COMPREHENSIVE PLAN UPDATE STEERING COMMITTEE:
Russett reminded the Commission that the City is getting started on the Comprehensive Plan
update and have executed a consultant agreement with Confluence, out of Des Moines. The
City is in the process of formulating a steering committee for this update and are requesting two
volunteers from the Planning and Zoning Commission. The role of the steering committee is to
serve as an advisor to City staff and the consultant team as they're preparing the Plan, to provide
input and feedback, to review the drafts, to help establish final recommendations, which will
eventually come to this Commission, and to be an ambassador for the Plan, to promote
awareness throughout the community, to encourage participation and to advocate for the Plan.
In terms of level of commitment she explained it would be about a one -and -a -half -year process,
and there's probably going to be about seven meetings that will last 90 minutes. These meetings
will likely start in January.
Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ24-0010)
Ordinance No.
Ordinance conditionally rezoning approximately 27.68 acres of property
located east of Camp Cardinal Blvd and west of Camp Cardinal Rd
from Low Density Multifamily Residential Zone with a Planned
Development Overlay (OPD/RM-12) to Low Density Multifamily
Residential Zone with a Planned Development Overlay (OPD/RM-12)
(REZ24-0010).
Whereas, IC Grove East, LLC, and Navigate Homes Iowa, LLC, have requested a rezoning
of property located east of Camp Cardinal Blvd and west of Camp Cardinal Rd. from Low Density
Multifamily Residential with a Planned Development Overlay (OPD/RM-12) to Low Density
Multifamily Residential with a Planned Development Overlay (OPD/RM-12); and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
residential development at a density of 8-16 dwelling units per acre; and
Whereas, the Comprehensive Plan encourages a mix of housing types within each
neighborhood to provide options for households of all types and people of all incomes; and
Whereas, the Comprehensive Plan encourages pedestrian -oriented development and
attractive and functional streetscapes that make it safe, convenient, and comfortable to walk;
and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Rd to
provide a secondary access and additional traffic calming devices at the intersection of Deer
Creek Rd and Camp Cardinal Rd to provide the safe street network envisioned in the
Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding construction of Camp Cardinal Rd and a traffic circle at the intersection of
Deer Creek Rd and Camp Cardinal Rd, the requested zoning is consistent with the
Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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, IC Grove East LLC, and the applicants have agreed that the property
shall be developed in accordance with the terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Low Density Multifamily
Residential with a Planned Development Overlay (OPD/RM-12), as indicated:
Cardinal Heights Part One and Cardinal Heights Part Two in the City of Iowa City, Johnson
County, Iowa
Ordinance No.
Page 2
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s)
and the City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and any
agreements or other documentation authorized and required by, the Conditional Zoning
Agreement, and record the same in the Office of the County Recorder, Johnson County, Iowa, at
the Owner's expense, upon the final passage, approval and publication of this ordinance, as
provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication in accordance with Iowa Code Chapter 380.
Passed and approved this day of , 2025.
Mayor
Attest:
City Clerk
Approved by
City Attorney' Office
(Eric Bigley—12/23/2024)
Ordinance No.
Page 3
It was moved by and seconded by
the Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Alter
Bergus
Vacant
Harmsen
Moe
Salih
Teague
First Consideration January 7, 2025
Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih
NAYS: None
ABSENT: Teague
Second Consideration January 21,
Vote for passage: AYES: Alter,
NAYS: None
ABSENT: None
Date published
2025
that
Bergus; Harmsen, Moe, Salih, Teague
Prepared by: Esther Tetteh, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (REZ22-0001)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), IC Grove East, LLC (hereinafter referred to as."Owner"), and Navigate Homes Iowa, LLC
(hereinafter referred to as "Applicant").
Whereas, Owner is the legal title holder of approximately 27.68 acres of property located
east of Camp Cardinal Blvd and west of Camp Cardinal Rd., legally described below; and
Whereas, ;the Applicant has requested the rezoning of said property legally described
below from Low Density Multifamily Residential with a Planned Development Overlay (OPD/RM-
12) to Low Density Multifamily. Residential with a Planned Development Overlay (OPD/RM-12);
and
Whereas, 'the Comprehensive Plan indicates that the subject area is appropriate for
residential development at a density of 8-16 dwelling units per acre; and
Whereas, the Comprehensive Plan encourages a mix of housing types within each
neighborhood to provide options for households of all types and people of all incomes; and
Whereas, the Comprehensive Plan encourages pedestrian -oriented development and
attractive and functional streetscapes that make it safe, convenient, and comfortable to walk;
and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Rd to
provide a, secondary access to the development; and
Whereas, the rezoning creates a public need for additional traffic calming devices at the
intersection of Deer Creek Rd and Camp Cardinal Rd to provide the safe street network
envisioned in the Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has determined that, with: appropriate
conditions regarding contributing to the cost of developing Camp Cardinal Rd to urban design
standards and also contributing to the cost of constructing a traffic circle at the intersection of
Deer Creek Rd and Camp Cardinal Rd, the requested zoning is consistent with the
Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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. IC Grove East LLC is the legal title holder of the property legally described as:
Cardinal Heights Part One and Cardinal Heights Part Two in the City of Iowa City, Johnson
County, Iowa
2. Owner and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2024) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all requirements of the Zoning
Code, as well as the following conditions:
a. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of
upgrading Camp Cardinal Road to City standards in accordance with Iowa City Code
of Ordinances 15-3-2. This contribution shall include 50% of the cost of construction of
the traffic circle at the intersection of Deer Creek Road and Camp Cardinal Road
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2024), 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 with title to the land, and shall remain in full force and effect as a covenant with
title to the land, unless or until released 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 I dAday of 6- 2025.
City of Iowa City
Bruce Teague, Mayor
Attest:
Kellie, City Clerk
C a rr ac,e,
IC Grove East, LLC
J
1CLwvut-eas��L4—
E
Approved by:
City Attorneys Offic
City of Iowa City Acknowledgement:
State of Iowa )
ss:
Johnson County )
Navigate Homes Iowa, LLC
0-�� f2z�
This instrument was acknowledged before me on , 2025 by Bruce Teague
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
IC Grove East, LLC Acknowledgement:
State of l w—&
County of
This record was acknowledged before me on V I , 2025 by
i)u>i L L, LNUA/' (name) as MWAafa,�„r (title) C Grove E� L
NotaryPubli
)AN[ E N t S
QQ " commssion Number 789848
(Stamp or S 20 My iMay4ss �2'xpAS
My commission expires: Q � v
Navigat Homes Iowa, LLC Acknowledgment:
State off
County of J cx v-'C-55�k—
This record was acknowledged before me on 1U-Y— 1 d , 2025 by
(name) as Mwno.at✓ (title of Navigate Hoommes�wa, LLC.
My commission expires:
3
Item Number: 8.c.
a
CITY OF IOWA CITY
"QF T-4 COUNCIL ACTION REPORT
January 21, 2025
Ordinance conditionally rezoning approximately 31.65 acres of property located east of Camp
Cardinal Road and north of Gathering Place Lane from Medium Density Single -Family
Residential with a Planned Overlay Development (OPD/RS-8) to Medium Density Single -
Family Residential with a Planned Overlay Development (OPD/RS-8). (REZ24-0008) (Second
Consideration)
Attachments: REZ24-0008 Staff Report Packet 11-20-24
REZ24-0008 PZ 11.20.24 minutes
Ordinance
Request for expedited action - Western Home
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Rachael Schaefer, Associate Planner
Item: REZ24-0008 Western Home GPD Date: November 20, 2024
of Iowa City
GENERAL INFORMATION:
Applicant/Owner: Pat O'Leary
Western Home Independent Living Services, Inc.
5703 Caraway Lane
Cedar Falls, IA 52246
Contact Person: Michael Welch
Welch Design and Development
michael@welchdesigndevelopment.com
Requested Action: Rezoning from Medium Density Single -Family
Residential with a Planned Overlay Development
(OPD/RS-8) to Medium Density Single -Family
Residential with a Planned Overlay Development
(OPD/RS-8)
Purpose: Amend an approved Preliminary OPD Plan to allow
for the conversion of the Camille Court area from five
single-family homes to a 16-unit elder apartment
building with rehabilitation and wellness areas for
residents on the ground floor.
Location:
Location Map:
East of Camp Cardinal Road and north of Gathering
Place Lane
Size: 31.2 Acres
K
Existing Land Use; Zoning:
Surrounding Land Use; Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Undeveloped/Vacant Open Space; Medium Density
Single -Family Residential with a Planned Overlay
Development (OPD/RS-8)
North: Residential; Low Density Single -Family
Residential with a Planned Development
Overlay (OPD/RS-5)
South: Residential & Institutional; Low Density
Single -Family Residential with a Planned
Development Overlay (OPD/RS-5) and Low
Density Multi -Family (RM-12)
East: Residential; Rural Residential with a
Planned Development Overlay (OPD/RR-1)
West: Undeveloped/Vacant Open Space and
Single -Family Residential; Low Density
Multi -Family with a Planned Development
Overlay (OPD/RM-12) and Interim
Development Single -Family Residential (ID-
RS)
Residential, 2-8 Dwelling Units Per Acre
None
NW1
Property owners and occupants within 500' of the
property received notification of the Planning and
Zoning Commission public meeting. A rezoning sign
was posted onsite at Gathering Place Lane.
October 31, 2024
December 15, 2024
The applicant, Western Home Independent Living Services, is requesting approval for the rezoning
of 31.2 acres from Medium Density Single -Family Residential with a Planned Overlay Development
(OPD/RS-8) to Medium Density Single -Family Residential with a Planned Overlay Development
(OPD/RS-8) for land located east of Camp Cardinal Road and north of Gathering Place Lane. This
property was originally rezoned to OPD/RS-8, and a Preliminary OPD Plan was approved on
February 9, 2023 (Ord. No. 23-4895). The following conditions were approved with that rezoning:
1. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards from Gathering Place Lane to the future extension
of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code. This contribution shall
include 50% of the cost of construction of the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of final platting,
Owner shall execute an agreement in a form approved by the City Attorney obligating the
Owner to maintain such spaces.
After the rezoning and Preliminary OPD Plan was approved, this property received preliminary and
final plat approval.
3
The applicant would now like to make an amendment to the Preliminary OPD Plan that was
approved in 2023 to allow for the conversion of the Camille Court area from five single-family homes
to a 16-unit elder apartment building with rehabilitation and wellness areas for Western Home
patrons on the ground floor. Per section 14-8D-8E, a substantive change is defined as, "a significant
change in the land uses, street locations, or character of the development from what is shown on
the approved OPD plan or sensitive areas development plan or any variation from the underlying
zoning requirements or street standards beyond the ranges approved on the preliminary OPD plan
or preliminary sensitive areas development plan". The proposed amendment is considered a
substantive change because it removes the Camile Court right-of-way and changes single-family
homes to a multi -family building.
A replat will be required to remove the Camile Court right-of-way. Staff recommends the following
rezoning condition be added to ensure a final plat application is submitted and approved:
1. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court ROW and demonstrating consistency with the
Preliminary OPD and Sensitive Areas Development Plan must be approved.
Staff also recommends maintaining the originally approved rezoning conditions to ensure those
requirements are reflected in the Subdivider's Agreement that will accompany the replat of the
Western Home Gpd Subdivision.
In addition to the proposed substantive change described above, the updated plan also
proposes to reduce the unit count of building #102 from the originally approved 22 units to
16 units and removing one single family home on the bulb of Clara Court. These changes are
not considered substantive as they do not increase density or change the character of the
development. Non -substantive changes are administratively reviewed and approved.
Factoring in all the proposed changes, the total number of units on the property would
increase by 4 when compared to the plan approved in 2023. The Preliminary Planned
Development Overlay and Sensitive Areas Development Plan approved in 2023 is
provided in Attachment 2. The proposed Planned Development Overlay and Sensitive
Areas Development Plan is provided in Attachment 3. Renderings of the proposed
building are provided in Attachment 4 and Attachment 5 is the Applicant's Statement.
Good Neighbor Policy: The surrounding property owners were notified of the proposed rezoning.
A Good Neighbor meeting was held at St. Andrews Presbyterian Church on November 6, 2024. A
summary of the meeting is included in Attachment 6.
ANALYSIS
Current Zoning: The subject property (approximately 31.2 acres) is zoned Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8). The purpose of this
zone is primarily to provide for the development of small lot single-family dwellings. Due to
impacts to the sensitive areas, an OPD was requested and approved in 2023, allowing for a
mixture of uses, provided that additional criteria in sections 14-3A-4 and 14-3A-5 of the Code
were met. The approved Preliminary OPD Plan also allowed the applicant to request waivers for
certain zoning standards. In this case, a mix of single-family, duplex, and multi -family residential
uses, in addition to commercial uses, were approved.
Proposed Zoning: The applicant is requesting to rezone the area (31.2 acres) to Medium Density
Single -Family with a Planned Development Overlay (OPD/RS-8). The proposed zoning remains
the same since the applicant is proposing an amendment to the approved Preliminary OPD Plan.
The OPD also allows the applicant to request waivers for certain zoning standards. In this case,
an additional multi -family residential use is being proposed, which requires careful attention to site
and building design to ensure compatibility with the character, scale, and pattern of the residential
development. The applicant is also requesting an increase in the maximum building height from
35' to 45' for the newly proposed building #103 to address site typography and rooftop features.
These requests are discussed in detail below.
General Planned Development Approval Criteria: Applications for Planned Development
rezonings are reviewed for compliance with the following standards according to Article 14-3A of
the Iowa City Zoning Code.
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation, and general layout.
Density: The applicant is requesting to rezone to OPD/RS-8, which allows for a density of 8
dwelling units per net acre of land area (total land minus street rights -of -way). The 2023 plan
was approved for 35 single-family homes, 8 duplex units, 38 condominium -style units, and 20
townhome-style units, adding up to 101 total units across the 27.02 acres of net site area, which
equals 3.7 dwelling units per acre. A building with 32 assisted group living beds was also
approved but does not count towards the density requirement. These bedrooms are not
included in the site's density calculation because they are not considered dwelling units. With
the addition of the proposed 16-unit multi -family building and removal of the Camile Court right-
of-way, the newly proposed plan has 29 single-family homes, 8 duplex units, 48 condominium -
style units, and 20 townhome-style units added up to 105 total units across the 27.11 acres of
net site area, which equals 3.9 dwelling units per acre. Overall, the proposed plan complies with
the planned development density requirements for an RS-8 base zone.
Land Uses Proposed: The applicant is proposing to replace five single-family homes with a multi-
family residential building. The proposed building will have rehabilitation and wellness areas for
Western Home patrons on the ground floor and two levels of congregate living above the ground
floor. There will be a total of 16 units. The entire development is intended to be a senior living
community. Based on the onsite parking provided for the multi -family building, the proposed units
must be occupied as elder apartments unless additional onsite parking is provided.
Surrounding zones include Rural Residential (RR-1) to the east, Low Density Single -Family
Residential (RS-5) to the north and southeast, and Low -Density Multi -Family Residential (RM-
12) to the south and west. Most surrounding properties also have Planned Development
Overlays (OPDs), largely due to sensitive features. Surrounding land uses include single-family
homes to the north and east, St. Andrew's Church to the southeast, and multi -family
condominiums to the south. The property to the west is undeveloped but was rezoned in
October 2022 to allow duplex, townhome, and multi -family units. The proposed mix of housing
types complements existing homes nearby and future development plans.
Mass, Scale, and General Layout: Due to potential impacts to sensitive areas, the layout is more
compact than a conventional development in a single-family residential zone. The proposed
multi -family use is on the west side of the property near other more intense uses, including the
previously approved townhome style and multi -family buildings, St. Andrew's Church, the
Cardinal Villas Condominiums, and the Cardinal Heights subdivision to the west with a proposed
mix of duplex, townhome, and multi -family buildings. The proposed multi -family building has
access to major streets, though it is also near an existing single-family home at 620 Camp
Cardinal Boulevard. However, that home is zoned interim development, so redevelopment may
occur in the future. The woodlands will obstruct the existing home's view of the proposed
development. The proposed development allows for the transition from the higher intensity
multi -family uses on the western portion of the parcel to the eastern portion that contains
predominantly single-family homes along Gathering Place Lane, Clara Court, and Timothy
Court, with duplexes on some corner lots. Overall, the layout maintains an appropriate transition
to surrounding neighborhoods.
9
Buildings in this zone cannot typically exceed 35 feet in height, and their footprints must comply
with lot coverage standards. However, the applicant has requested an increase in height limits
for the multi -family building, allowing it to be approximately 45 feet tall. All other multi -family and
mixed -use buildings in the development have received approval to increase the maximum
height to 45'.
The Zoning Code requires that the off-street parking for multi -family uses be located entirely
behind the building. Site topography and sensitive area restrictions make this impractical;
therefore, the applicant will be requesting a minor modification to allow some of the required
parking to be located on the side of the building and screened from view of Gathering Place
Lane. Most of the parking area for the multi -family building is behind the building and below
grade. Standards relating to mass, scale, and layout will be reviewed at the site plan and
building permitting stages to ensure full compliance with these requirements.
Lighting for any development must follow standards that minimize glare and light trespass for
nearby properties. Illumination cannot exceed 0.5 initial horizontal foot-candles and 2.0 initial
maximum foot-candles at any property line adjacent to or across the street from a residential
zone, in addition to standards related to height and shielding. The development must also
meet low illumination district standards, which require the maximum total outdoor light output
for the development to be less than 50,000 initial lumens per acre. Downcast streetlights are
anticipated at every intersection and at every dead-end or cul-de-sac to enhance intersection
identification and safety. A lighting plan will be reviewed during site plan review.
Open Space: The proposed development must comply with the private open space standards
outlined in section 14-2A-4E of the Zoning Code. The newly proposed multi -family building with
16 units requires 400 square feet of private usable open space (10 SF per bedroom). The
proposed multi -family building shows adequate private open space. Excluding the proposed
and previously approved developments, much of the remaining area on the property is left as
open space to retain stormwater and protect sensitive features. Open space requirements will
be reviewed at the site plan and building permitting stages.
Traffic Circulation: The proposed development will only have access off Gathering Place Ln.
Secondary access to the site is anticipated following the extension of Deer Creek Road from
Camp Cardinal Boulevard to the west as part of the Cardinal Heights subdivision. Section 15-
3-2K of the Subdivision Code allows the City to request an applicant contribute 50 percent of
the cost of bringing a segment of street abutting a property to City standards. Staff recommends
maintaining the previously approved condition of the rezoning that the owner contribute 50
percent of the cost of upgrading Camp Cardinal Road to City standards prior to issuance of a
building permit, including the cost of building the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road which will serve as a traffic calming device.
Access to the northern portion of the site will be along Gathering Place Lane from its intersection
with Deer Creek Road. This northern area will only have a single point of access for the
foreseeable future due to sensitive areas and existing neighborhood layouts. Specifically,
connecting to other existing neighborhoods is not possible due to their street layout to the east
and north, which incorporates loop streets with no potential areas for connection. However, the
Gathering Place Lane extension is stubbed out on the eastern portion of the St. Andrew's
property with a temporary turnaround to allow future connectivity should that area develop.
2. The development will not overburden existing streets and utilities.
Access to the site will be provided through the extensions of Camp Cardinal Road, Gathering
Place Lane, and Deer Creek Road (which will provide secondary access when the proposed
Cardinal Heights subdivision is developed to the west). If Cardinal Heights develops, the
southern portion of the property would have two points of access, but the remainder would
C01
still only have one point of access. For the full development to have secondary access,
additional development would need to occur on the eastern portion of the St. Andrew's
property. The approved development was expected to have 309 daily trips at Deer Creek Road
and Gathering Place Lane, which is less than the 500 vehicle trips that would cause it to
become overburdened. The four additional units being proposed will have a negligible effect on
the daily trips and will still not overburden Gathering Place Lane. Should Cardinal Heights not
develop, the single point of access would be Camp Cardinal Road at Camp Cardinal Boulevard.
Because Camp Cardinal Road follows collector street rather than local street standards, the
vehicle trip threshold is significantly higher to become overburdened. As a result, staff does not
anticipate any problems.
A unique feature of the approved Preliminary OPD Plan is the diagonal on -street parking along
Gathering Place Ln. Staff found this reasonable, given the proposed commercial uses at that
location. However, the Public Works Department does not have a practice of maintaining such
parking spaces. Staff recommends maintaining the previously approved condition that the
owner maintain the diagonal on -street parking spaces, including snow removal. Staff
recommends that this obligation be further detailed in an agreement executed at the time a final
replat is approved.
3. The development will not adversely affect views, light and air, property values, and
privacy of neighboring properties any more than would a conventional development.
The nearest neighbors to the north of the proposed multi -family building are separated by a
woodland preservation area and stream corridor. The property to the west is also separated
by a woodland preservation. As such, the proposed development will not adversely affect
views, light and air, property values, and neighboring properties' privacy any more than a
conventional development would.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in
harmony with the purpose of this Title, and with other building regulations.
The applicant is requesting waivers to increase building height and allow an additional multi-
family use. The approval criteria for these waiver requests are discussed in the following
sections, but overall, the proposed development and the waivers appear to be in the public
interest and in harmony with the purpose of this title.
Building Height: The applicant is requesting an increase in the building height for the proposed
multi -family building from 35 feet to 45 feet to allow a usable open space for residents on the
top story of the building. The maximum building height may be modified pursuant to 14-3A-
4K-1 b, where the design of the development results in sufficient light and air circulation for
each building and adequate, accessible open space for all residents of the development. In
addition, at least 35 percent of the net land area in the development must be free of buildings,
parking, and vehicular maneuvering areas. This standard is met since 70 percent of the
proposed development, including sensitive features and stormwater management facilities, is
open space free of buildings, parking, and vehicular maneuvering areas. Based on the
renderings, the additional height is used to accommodate an additional half -story on the top
of buildings, which is stepped back to maintain light and air for the building, and the proposed
patios add usable outdoor space for residents.
Mix of Uses: The applicant is requesting a multi -family use and building type that is different
from what is typically allowed in an RS-8 zone. To allow this additional land use, the applicant
must meet all approval criteria at 14-3A-4C-1. Based on the following analysis, the proposed
use appears appropriate given the intent of the development and transitions to surrounding
areas.
VA
The proposed multi -family building adds to the already approved mix for senior housing in the
development. A mix of housing types, including single-family, two-family, and multi -family
dwellings, is encouraged in all residentially zoned planned developments. Offering additional
multi -family units will add to the development's ability to offer range of building types in such
a way that maintains compatibility between uses. The proposed multi -family building utilizes
similar architectural elements, scale, massing, and materials as the previously approved
single-family, multi -family, and commercial buildings.
Compliance with Comprehensive Plan: The Northwest Planning District does not have a
district plan, so the proposed development is reviewed using the IC2030 Comprehensive Plan.
The Future Land Use Map of IC2030 identifies the subject property as appropriate for residential
development at a density of 2-8 dwelling units per acre. The applicant proposes a density of 3.9
dwelling units per net acre which is consistent with the vision in the plan, even when the
additional density provided by the assisted living facilities is included.
IC2030 encourages a diversity of housing options in all neighborhoods and compact, efficient
development that is contiguous and connected to existing neighborhoods. The proposed multi-
family building adds to the developments ability to implement these goals by focusing on one of
the few remaining undeveloped in -fill parcels in Iowa City. In addition, it maintains the
development's ability to offer a full range of housing types, including single-family homes,
duplexes, townhomes, multi -family units, and assisted group living.
The Comprehensive Plan also encourages pedestrian -oriented development and attractive and
functional streetscapes that make walking safe, convenient, and comfortable. The proposed
multi -family development offers a rehabilitation and wellness facility for the development's
residents in a centrally located place, which provides an additional destination within walking
distance of homes.
Environmentally Sensitive Areas: The subject property contains regulated wetlands, a stream
corridor, slopes, and woodlands. The applicant submitted a Preliminary Sensitive Areas
Development Plan as part of the 2023 OPD rezoning. The proposed plan does not change
anything from the original Preliminary Sensitive Areas Development Plan.
Due to the proposed disturbance of the wetland buffers, a Level II Sensitive Areas Review was
required. No impacts were proposed to the existing wetlands. However, the City's Sensitive Areas
Ordinance requires a 100-foot buffer to be maintained between a regulated wetland and any
development activity (14-51-6E-1). The Ordinance allows a 50-foot buffer reduction for the wetland
according to 14-51-6E-3a of the City Code, where applicable standards are met as demonstrated
by a wetland specialist. In 2023, the applicant requested a 50-foot buffer reduction, and a wetland
specialist determined that all standards of 14-51-6E-3a were met. The requested buffer was
approved in 2023 as part of the Preliminary Sensitive Areas Development Plan. All standards
related to the stream corridor, slopes, and woodlands were also met. Conservation easements
were then established through the final platting process to protect the environmentally sensitive
areas.
Neighborhood Open Space: According to section 14-5K of the City code, the dedication of
public open space or fee in lieu of land dedication is addressed at the time of final platting for
residential subdivisions. Based on the 31.2 acres of RS-8 zoning, the developer was required to
dedicate approximately 1.08 acres to the City or pay a fee in lieu of land dedication. The applicant
requested to pay a fee in lieu of a public open space dedication, which equaled $140,467.39. That
fee was approved during the final platting process.
Storm Water Management: The Final Plat included a storm water management easement on Lot
EV
2 to accommodate stormwater management. Construction documents were submitted as part of
the Final Platting process and were approved by Public Works.
NFXT STFPS-
Upon recommendation from the Planning and Zoning Commission, a public hearing will be
scheduled for consideration by the City Council.
STAFF RECOMMENDATION:
Staff recommends approval of REZ24-0008, a proposal to rezone approximately 31.2 acres of land
located east of Camp Cardinal Road and north of Gathering Place Lane from Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8) to Medium Density
Single -Family Residential with a Planned Overlay Development (OPD/RS-8) subject to the following
conditions:
1. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of upgrading
Camp Cardinal Road to City standards from Gathering Place Lane to the future extension
of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code. This contribution shall
include 50% of the cost of construction of the traffic circle at the intersection of Deer Creek
Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of final
platting, Owner shall execute an agreement in a form approved by the City Attorney
obligating the Owner to maintain such spaces.
3. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court ROW and demonstrating consistency with the
Preliminary OPD and Sensitive Areas Development Plan must be approved.
ATTACHMENTS:
1. Location & Rezoning Maps
2. Approved Preliminary Planned Development Overlay and Sensitive Areas Development Plan
— February 7, 2023
3. Preliminary Planned Development Overlay and Sensitive Areas Development Plan —
Proposed
4. Building #103 Renderings
5. Applicant's Statement
6. Summary Report for Good Neighbor Meeting
Approved by: i ] .
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Location & Zoning Maps
ATTACHMENT 2
Approved Preliminary OPD and SDAP Plan — February 7, 2023
NTT
TWO
J
30 STRFAN COBRI-
50 6TRFAM BIKOORER -
AUDITOR'S
CARDINAL I-
CARDINAL RIDGE I
PARCEL
HEIGHTS
PART TWO
99051
II
BK41 PG114
�
a
lsnN�
620�
III \
POND
AR❑INAL
CAD
\
A3
\
I
\ 4
e.t
\
\
GI
\
S
APARCEL
CARDINAL
HEIGHTS
99051
3K41 PG114
301
CAMP
CARDINAL
RD
DEER
17-
11� CARDINAL VILLAS CONDOMINIUMS
Rfi
II ;-
\ — o oR Iv zoo
CARDINAL RIDGE CARDINAL RIDGE
PART TWO I PART ONE
III I
60
SHAGBARK CT
Approved February 7, 2023
PRELIMINARY PLANNED DEVELOPMENT
OVERLAY AND SENSITIVE AREAS
DEVELOPMENT PLAN
WESTERN HOME GPD
OF IOWA CITY
AR K CT
IOWA CITY,
SHAG IOWA
APPLICATION NOTES
THE PROPOSED DEVELOPMENT AND ASSOCIATED
PUBLIC IMPROVEMENTS WILL IMPACT LESS THAN
35%OFTHECRTRCALSLOPES. THEREDUCTION
OF THE REQUIRED WETLAND BUFFER WILL
REQUIRED A LEVEL 11 SENSITIVE AREA REVIEW.
NEIGHBORHOOD OPEN SPACE REQUIREMENTS
WILL BE MET VIA "FEE IN LIEU" PAYMENT AT TIME
OF FINAL PLATTING.
/ LOT A �,\ + Pj I 355
BUTTERNUT CT
1, EXISTING q 343
BA,
WATER \��VAA� _- P1 BUTTERNUT CT
ST ANDREW -RIAN
PAsar
CHURCH ONE
BUTTERNUT CT
\
IMPACTED STEEP SLOPES: IMPACTED CRITICAL SLOPES: PROTECTED SLOPES:
\ LOGT[ON PAFA (SF1 LOCATION AREA (3) LOGTION -(SF)
R.1« 0
N, 3 O
PR.9» as zss To RDTE—DELOPE 3ssz3
a,ss roT L M1— 1s.- DRPRDTE ED
WESTERN HOME INDEPENDENT
LIVING SERVICE, INC
5703 CARAWAY LANE
CEDAR FALLS, IA 50613
ST ANDREW PRESBYTERIAN CHURCH
140 GATHERING PLACE LANE
IOWA CITY, IA 52246
DEVELOPER
SALIDA PARTNERS
STEVE LONG
308 E BURLINGTON #403
IOWA CITY, IA 52240
(319) 62I-3462
WESTERN HOME SERVICES, INC
5703 CARAWAY LANE
CEDAR FALLS, IN 50613
CIVIL ENGINEER
WELCH DESIGN AND DEVELOPMENT
MICHAEL J. WELCH, PE
PO BOX 679
NORTH LIBERTY, IN 52317
319 214-7501
SHEET INDEX
SHEET SHEET NAME
SADP-1 REGLUATED SLOPES
SADP-2 WOODIANDS
SADP-3 CONCEPT PLAN
SADP-4 CONCEPT PLAN - NORTH
SADP-5 CONCEPT PLAN - SOUTH
welch
design development
WESTERN HOME INDEPENDENT
WESTERN HOME GPD
OF IOWA CITY
REGULATED SLOPE LEGEND:
C9JBM91BMIITML M2 AL 1 19-15 ]3
5TE® SIDPE (]8%-25%) CEITY 1533
I:4
—L—PE R--) c
PROTERED SLOPI (>m%)IM REGULATED SLOPES - PRELIMINARY
PLANNED DEVELOPMENT OVERLAY &
wwTEcrEo sLOPE eurs�R BEE SENSITIVE AREAS DEVELOPMENT PLAP
CON-04 AREA UMDs ---- 1025 �DWE—L .Drffa.
2=15 2i,22 SADP-1
CARDINAL
NTE SOUTH
'ART\TWO
———
J
9U MEAN CORRIDOR -
!
SO STREAM BLFFER -
AUDITOR'S
CARDINAL I-
CARDINAL RIDGE I
PARCEL
HEIGHTS
PART TWO
99051
II
BK41 PG114
r �
o1lsnNc
20
6�
III \
PDNO
AR❑INAL
CAD
ZT
II I
I
\
a
al
CARDINAL
AUDITOR'S
PARCEL
1`�I
/ -�
HEIGHTS
99051
BK41 PG114''I`.
J
_ R§k I I
I
G/Ipm,�OifEK
I �
N �
I
\
— 0 DB Iv zoo
Ili
RHx�nx�
CARDINAL RIDGE
CARDINAL RIDGE
PART TWO
PART ONE
III 1
I \ DEER CREEKRD
�. �\ \ l'$ `• �\ \`
i I 'I �T"T� ll! I.
5
ISTNG
srOPxFASNArelx
I
"A � i
I 1 I \\ V '�:
�II �,i�
II a�.�l r
ST ANDREW PRESBYTERIAN
CHURCH — PART ONE
\�
II
Y
g 301 I
g CAMP
CARDINALS
_
RD
I I caROWA1 vILUS CONDOMINIUMS11 \ \,
60
SHAGBARK CT
70
SHAG HARK CT
355
BUTTERNUT CT
LEGEND: WOODLANDS & WETLANDS
DEVED—ENT Re-ED: 0
PREsmvm w000urvD
/ �
l
I I
! G F
aUFFEREO MODurvD
m
TNPAGND w000uxD
I •
11
343
BUTTERNUT CT
/'
IMPACTED WOODLANDS
MENT-RELATED B.
wEruxD murnaar N'L
wETuxD euFFER
wCA � EAi`1
CONBIRUETTON AREA LIMBS ----
331
\\
GE9.413
BUTTERNUT CT
\
\\
C3 181R
35,T39
we I c h
PCO.I
IM ED AREA 319Az .1.
111111Aau A',- A.
design development
TOTALE11—AaEA za
""WESTERN HOME INDEPENDENT
PERIENTRETAINED 111.
>E LIVING SERVICES INC.
V.
AR-D0OO NOTCOUNTTOwARDS RSTrvHoxvawEs.
WESTERN HOME GPD
OF IOWA CITY
WETLANDSMEM
BE REOUaD sn ERAS500LATEDWTHTIEWETUTID W[LL
BY To HwNr N NO I-- TIRAN so
OFBUFFER AROUNDTIE M-ND PER SECTION
-
_
UTV 9JBMIiTAL kl
09-14ll
GTTY vBMTTTAL xz
Ls�u
NZE
a DoweRpa�E.1HA.
WOODLANDS/WETLANDS- PRELIM.
�,T°wTSUl EFIN of .DON w NN AREA
PLANNED DEVELOPMENT OVERLAY &
,
AREAS, ExLBTING
SENSITIVE
AREAS DEVELOPMENT PLAN
BASINNOT BE„DENE-DLEOR OTIER DONNAISDD DMGN CF THESE
TO ACCOMPANY TIE CONBTRUCNON
ND
1025
xunffa.
�DWELCH
p SRES
GS AND FINAL SADP,
C:
171i2022 SADP-21
CARDINAL
NTE SOUTH
'ART\TWO \
J
3C MEAN CORRIDOR -
SO STREAM BUFFER -
AUDITOR'S
CARDINAL I-
CARDINAL RIDGE I
PARCEL
HEIGHTS
PART TWO
99051
II
BK41 PG114
—— —
�
IXISTING
620 CA \
II
FUND
AR❑INAL
CAD
,—
�I\
I 0l
L_r
CARDINAL
HEIGHTS
AUDITOR'S \
PARCEL
99051
I
/"
BK41 PG114
BUILDING M2
III
36TORUS
Q �
CARDIN
L
301
- -
CAW P
CARDINAL
RD
I
II /_
i
\ 0 00 fv 200
III vmBa MO�
CARDINAL RIDGE CARDINAL RIDGE
PART TWO PART ONE
�� la
,IC �
60
SHAGBARK CT
IMAGINARY LOTLINE
SHOWN FOR ZONING
COMPLIANCE (TYPICAL)
70
SHAGBARK C
EIUSTING PIPELINE
EASEMENT DK341 PG24B
2
,\ I F A
�'�,
i
i � � � i
•� �
� �
LOT A
� I
�.�
\v %
BUTTERNUT CT
\
I
I
\
J
- -- --U10" ----
__ -
I--
(lUBHWSE I EXISTING o III
1fiR®DEALING UNITS STORM WATER \
3 SRORIES GASW
Y WIRY
343
BUTTERNUT CT
C
MEMORY CARELGHNG T
,MG STALLS
I
Y
TM,
CONSTRUCT TURN AROUND --.
AND GNBPAVEMEMTO
SOUTH. MIN. 39 RAD. AT
EWE OF PAVEMENT
--�
\\ BU TF
\
CONNECT TO i
F)OSITNG WATER LINE
\'
\\\
MAIN LOOP AND
20'EASEMENT
ST ANDREW PRESBYTERIAN /
CHURCH — PART ONE
PARKING & TRAFFIC DATA
T
GENERAL SITE DATA:
ME
Qu1RE XTS
FGROIC
UN.00IN—
MERE
LM —froze ERJ13EO5 32 aEos 11 SrULs
1 REACHSTAFF 16 STAFF 16 STALLS
U
SInGLEFAI4RY UNITS s
AZFA Toro
2,625 SF 91," SF
w6Tor. v sTAL1s
DUP�Fx UNITS a
2,EIP . 1:[N sF
MULTI -FAMILY YI- INDEPENDENT ELDER SRERUNIT LEUNF5 166T.LS
CLUBHOUSE CONDO (BUILDING #C
EDROOM UNITS R
14,150 EF
MULTI -FAMILY 12
TNBEE-BEDIRSOOM UNITS 8
ATTACHM CONDO (BUILDING #2)
IR,110 BF
22 UNITS 22 STALLS
DOMMEBUAL OPEN TO PUBLIC PER 250 SF 23206E 9STAll3
EDROOM UNITS 11
E9EOR00M UNITS11
—NFpUSE UNITS 2U
12D SF 2g400 SE
waroT. 31 $TALUS
Toro RA RKING REQUIRED T• ETLLLS
ME40R CARE 1 A556TFO WING —1 32
11,a00 sF
TOT. 133
190,TT5 SF
- FGROLP LMNGta�MEEMORYGIEESTIE INIENI00. 7fl STALLS
AVEMENT APFA(ECLUDES CAMP DAPHANAL 1)
1H.3,fi00 SF
EXTERIOR 12 STALLS
wa3 I 32 STA3I5
TOT.BUILD INGS AND Pn_ENT
TUTU DEVEWPMEPn AREA
114,11 SF
1,359,"'s
NET LAND AREA FREE OF DUILDIKS, PARKING, DRIVES
w,,205 EF
MNLI
BUILDING #lr slEs wTER100. 20 STILLS
&9 %
1➢I.AS INIENNO0. 20 STALLS
LAREA (AGES)
AUDHIPOI PARCEL 95DAO
11.
(SEE wAIwRaEQL53T#3) ER10R 9sTAI15
SUBTOTAL 29 STALLS
OUTLOTA-STANDAENAS
,.38
TOTAL
31.20
PRonoeo+ nsr.ls
RlGxroE-wnr (LOT A)
4..
• DOES NOT INCLUDE STREET PAR1uNG
v42
- EIRGR IE PARKING TO BE PROVIDED WITHIN THE PARKING 6T0.URIIRES
UNITS / ACRE
ASSUMES EALH MEMORY CARE OR
4.9
RAFFLD PROIEDID0IN GTE 11TH EDmON1:
Ar NT7ECTION DF DEER MEEK RonD AND GATHERING PLACO LANE
ASSISTED LIVING BED =1 UNIT
HOU9NG tt E —S P AY N0. U TIS DAILY Ps
ENIOR-SINGLEPAMILY• R4.31 N35 �151
COMMERDu uses OREN TO PUBLIC
WEST CONDO EU—NG
2,3205E
SENIOR DUPLEX- 431 a 35
SENIOR MULTI FAMILY 3 N 36 123
ALL COMMEKI. USES MUST MEET CH-1 STANDARDS
TOTAL 09
COUNTED
SENIOR WPLIX UNITS ARE As DETACHED'
REQUESTED WAPIERS
WAREDUGTION
RS,880.5E IOFIE DIMENSIOX. SFAXDAROS
NG'
SLOT AREA IlMINIIMUM
5,0005E
1 REZU FOR THE REAR BETEAIX ASSOCIATED YmH UNIT 9 FROM XFEET TO
LOT YrtmH
LOT ExoNTAGE
45 FEET
as EEET
z ON BEGS DE SAC FROM zs FEET
RNo E� REDUCTION TO 15
gTI'
—FEET
REQUIREMENTFORETRONrsBE SET
QRNREMENT PoRLNI15 TO BE SET 30"AwYE AD]A[ENT PUBLIC S[DEWUK
F0.ONT
15 FEET
(143A4K1a(411TOMAI—NACCESS11— HOTETHATADRIVEWAYOFATLFAST25
r PROVIDED FOR EAw UNIT ON THE WL DE SAC
GAME DOOR
SIDE
25 FEET
s FEET
3, REQUEST A REDUCTION OF TWO RRUIREO CQMMERGAL PARKING SPACES FOR EXTERIOR
REAR ^
20 FEET
A #2 DUE TO PROXIMITY TO SENSITIVE — (14 3A4E 4)
= REQUEST I6 REAR SETBAO(FOR UNIT
4 REQUEST A.NCREAsSEIN THE MA11MU1—LNG HEIGHT ERNI BS FOR 7 45 FOR
BUILDING#1 AND ELILDING#2 TO ADDRESS SITE TOPOGRAPHY (GRADE PLANE CALCULATION)
EFATURFS.
MULTIFAMILY 20XE DIMEXSIOWL STANMRDS
5, REQRo0F10P
UEST A REDUCTION 11 THE FRONT SEI&ACK ASSOCrar® WITH rowNHOME--E,
10 FEET
MULTI FAMILY BUILDLNGs FROM 20 FEET TO 15 FEET TO RE4AW LOBSarENT WITH OILIER
5 WLE FAMILY HD— WITHIN THE DEVELOPMENT
REAR
0 FEET
20 FEET
p
ZC NOTES
-1—ERREErs ARE PUBLIC
BUILDwG SEPuwTION
20 FEET
2. PAR GREQULREMER-ASsuME"ELDER APARTMENTS"
3. nLL CURD STORE FOR WATER 5ERNPOEGTO BE LOTATED wnHIN PUBLIC RIGHTaF-wnr WITH
T ON Tr IDIADORESSPFFMANENnYMARKEDONTHECURBSTOP
4, THEDEVELOPER/OWNERSHALLBERESPONSLBIE FORSNOWNEMOV.FROMTHEANGLED
\ —11 PARKING EVEN IHOUGH-15 PRE IN TH11-1 N(AR-0E-WAY
5. REFER TO SHE SAG -AND SADP-5 FOR LOT DIMENSIONS FOR THE -IMAGINARY' LOT LINES
REQUIRED BY PLANNING STAFF
331
ERNUT CT
we I c h
design development
""WESTERN HOME INDEPENDENT
LIVING SERVICES INC.
EF�M WESTERN HOME GRID
OF IOWA CITY
LEGEND:
UNITI ES:
BUNGLE -FAMILY CON.
pEY DESCRIPIWN OAiE
DUMFX CONDO(2 UNITS)
- UTV wBMITTAL #1
EITY wDMIITAL#2
09-L'I
1522
MULTI-UNF CONDO
--HE _
COTTAGES: MEMORY CARE
--CONCEPT PLAN - PRELIMINARY
PROTECTED SLOPE(>90"b)
PLANNED DEVELOPMENT OVERLAY&
IL
SENSITIVE AREAS DEVELOPMENT PLA
P1O1025
wOWELCH sxLFTNxNB=R.
PROTECTED SLOPF wFFEz III® Y�
GGNETRUDnONARE,LIMF ----
1z=15i!)22 SADP-3
C
CARDINAL
POINTE SOUTH
AUDITOR'S
PART TWO
PARCEL
99051
it
9K41 PG114
I�1 i j
EXISTINGP NE
kA
•
,� `
_
7CHURCH
PART ONE
CARDINAL RIDGE CARDINAL RIDGE
✓ PART TWO PART ONE
r
1
_____EXISTINsToaM WntER
—IN
N
/
Ci 1 _
LEGEND:
%
SINGLE-R ILY CIXJCO
D—X CONGO
NULTI-UNR WN00 _
/
TOWNHOME _
� / - '
COTTAGES- MEMORY GRE _
Ir
/I'rr-r
welch
design development
WESTERN HOME INDEPENDENT
/
LIVING SERVICES INC.
�
WESTERN HOME GPD
li 111 I� j
OF IOWA CITY
-7--- - r .�
��� CIN 9JBMIiTAL k1 0914 ]3
cnv vBMlrrAL az -Isu
II I I I
c my suBMITraL xa Iz-ss.za
I p
PLAN NORTH - PRELIMINAR
-
PLANNED DEVELOPMENT OVERLAY &
--_—
SENSITIVE AREAS DEVELOPMENT PLAN
wo1025 ,WELCH
- - ;
-
c iM 02z SADP-4
EE
ST AND EW PRESBYTERIAN
CHURCH — PART ONE
1 � g
•�GATHERIN LAtf LN
----
,��I�I1
jl I II II '� i
I I
.\!Toso
STORM Bns�n(WETR
ERIsrINT
sroRN WATER
IN
i II
LEGEND:
r
B.GE.B LYE B�
B—C—
iI E,
MBLnBRR�B�
welch
\
� design development
\
"I WESTERN HOME INDEPENDENT
\
LIVING SERVICES INC.
WESTERN HOME GPD
OF IOWA CITY
\
UTV 9JBMIiTAL kl OB-14 ]3
\
CRY 91BMI1TAL N2 1533
CONCEPT PLAN SOUTH - PRELIMINARY
\
PLANNED DEVELOPMENT OVERLAY &
r
SENSITIVE AREAS DEVELOPMENT PEA
\
..1025.. "' ELCH .—....
\
c iz=iszozz SADP-5
ATTACHMENT 3
Preliminary OPD and SADP Plan - Proposed
CARDINAL
it
—
POINTE SOIfTH
li i
PART\TWO
�I—.--.—\
"
--.—.--.—
717
v,
�
I �I
-
II
30' STREAM CORRIDOR
5U STREAM BUFFER
III
AUDITOR'S
CARDINAL
V CARDINAL
RIDGE
PARCEL
HEIGHTS
PART TWO
99051
11
I
BK41 PG114
--
Ir
--
620%CA \
EA_
POND
ARDINAL
ROAD
I
N\
AUDITORS
CARDINAL
HEIGHTS
PARCEL
99051
Row
_
B K41 PET 14
n'i I
301 I
CAMP
a CARDINAL
RD
I
i
I �
> I i
ST ANDREW PRESBYTERIAN
CHURCH — PART ONE
II
II
°_ II
I
i
I
\
,
II CARDINAL VILLAS CONDOMINIUMS
.v
nRi F,L
-El as IIII
CARDINAL RIDGE CARDINAL RIDGE
PART TWO PART ONE
II 1 II II
5LSRIV WATER
BASIN
60
SHAGBARK CT /
----�F
\+.
sII
I,I�
1 £
355 �T2/
BUTTERNUT CT
I �I
h.1
I
1
I � I
I F
s4♦
343
BUTTERNUT CT
0
1sc�=� I
141
—
—
331
BUTTERNUT CT
FINAL PLANNED DEVELOPMENT
OVERLAY AND SENSITIVE AREAS
DEVELOPMENT PLAN
WESTERN HOME GPD
OF IOWA CITY
IOWA CITY, IOWA
APPLICATION NOTES APPLICANT INFORMATION
THE PROPOSED DEVELOPMENT AND ASSOCIATED
PUBLIC IMPROVEMENTS WILL IMPACT LESS THAN
35%OF THE CRITICAL SLOPES. THE REDUCTION
OF THE REQUIRED WETLAND BUFFER WILL
REQUIRED A LEVEL II SENSITIVE AREA REVIEW.
NEIGHBORHOOD OPEN SPACE REQUIREMENTS
WILL BE MET VIA "FEE IN LIEI" PAYMENT.
PROPERTY OWNER
WESTERN HOME INDEPENDENT
LIVING SERVICE, INC
5703 CARAWAY LANE
CEDAR FALLS, IA 50613
DEVELOPER
WESTERN HOME SERVICES, INC
5703 CARAWAY LANE
CEDAR FALLS, IA 50613
CIVIL ENGINEER
WELCH DESIGN AND DEVELOPMENT
MICHAEL I. WELCH, PE
PO BOX 679
NORTH LIBERTY, IA 52317
(319)214-7501
SHEETINDEX
SHEET SHEET SADP-1 REGLUATEEDTED SLOPES
SADP-2 WOODLANDS
welch
'1 Shoemaker
Haaland
E"ENiWESTERN HOME INDEPENDENT
NAM LIVING SERVICES INC.
E WESTERN HOME GPD
OF IOWA CITY
IMPACTED STEEP SLOPES:
IMPACTED CRITICAL SLOPES:
PROTECTED SLOPES:
REGULATED SLOPE LEGEND:
_ocO N
—A AC
AT—
_ oO N
—A AR
ia,sse
AR
Locolu —A D�a
STEEP —NE lLevo zsvol
�
I CITY
- -
- -
O15sS1
OOP
Ls,s®
CEIT—L SOPE AI'l.
O
'L—
O
To ROTECTEDCORPROT0TDlE
ROTECTEDs OPE (1101I
EETN EGULATED SLOPES - FINAL
h1
TOTAL rnPA�ED
W,—
1111
TOTAL rnPA�ED
TOTALCRTCALILOPE
,31,,,
�,»
ILOPEDDTFERc
ROTECTED soPE DOEEER �Y ®III
PLANNED DEVELOPMENT OVERLAY&
SENSITIVE AREAS DEVELOPMENT PLAN
TOTALSTEEPSLOPE
AS—
PERIENTI.N—ED
aL.c
CONSTRICTION AEEA LI.— —"—
RO 1025
RD'NIELCH MA —ER
eT xur.�seR.
IENT NAITED
1.
' B'
„°,¢Zo21
SADP-1
CARDINAL PARII & TRAFFIC DATA GENERAL SITE DATA
10INTE-101-TH 11=1TEIBRECHUNI 111MINTS —T —NT
PARTDTWO C, B, A, 1
IT IN, 'E'UHRICARE I PER C IFIE 11 IFIE 11 STALLS COUNT AREA TOTAL
IS
I PER EACH STAFF 11 STAFF — ANCLE FADOULINITS 11 El 11,— EF
E..T.— El ENNHIS ' LE-'N SE IF
'LL1111EPCON11 111—INC 11111 IF EF
30STREAM CORRIDOR — Ll FAMILY 1111 INDEPENDENT ELDER I PER UNIT 11 UNITS 11 STALLS T=" INI I
T 'M ,
ATTACHED CONDO ASIILDINC IFFIR IDIII EF
50'STREAM ESUFFE — UNITE
EN FlIN 11 IHEET KS' BEDROOM P
AUDITOR'S 'T�D I IT... NDEP"NEN'T"ELLIER I PER UNIT 11 UNITS 11 STALLS
CARDINAL CARDINALRIDGE PTWO
PARCEL CARDINAL RIDGE CARDINALRIDGECOMMERCIAL OPEN TO PUBLIC I PER Sll SE ., ED I STALLS E RD IT 8 HEIGHTS PART T 0 99051 PART TWO PART RE ITTICTHRECIBNEDDI (BOIMILUNNISIIII) IDIII SO
60 T=M UN
BK41 PG1 14 T OM U
SHAGBARK CT MUIINDEP`N`FN`TCLDER I PER UNIT 11 UNITS 11 STALLS N'TS
E..T.— 11 ENNHIS TOWNHOUSE UNITS SO T.1 SE zURUI SO
T.T BARECUUN. REQUIRED ENNHIS I TOTAL
CARE / ISEDIED LIVING BEDS 11 11 PRO SO
IF, HIS111 SO
OFF STREET BARECUUN. BR—K.E.
— — — — — - — — — — — — — — — 7'Il CROUP LIVING MEMORY CARE SITE INTER R I �I�S 'lVEMEBNLRDREl EEINDUPDEVECA ME CARDINAL RD) — AYER�O OR S To L N M 117 11 SO LOT 1 IMAGINARY LOT LIME C A A NT
�4'us' IS 1,5L8,8 Ac, SHOWN FOR ZONING SUBTOTAL IS STALLS TOTAL DEVELOPMENT AREA I
L EXISTINGBUILDING 4P VET LAND AREA FREE OF BUILDINCS, PARKINC, DRIVES 151R51 SO
POND IAMILI SITES
16 RESIDENTIAL 'UMTS 70ILLF SO 1 1.
POOL 2' "IS
0 CA 3 STORIESIIII RE SHAGBARK CT PC
SINGLOSTORf BUILD�N IS �NTEZR �7 STA OT AREA (ACRES) C, SO
Il ARDINAL EMA�IVI�14'1�YNEI�Tlll SEE AIVER REQUEST 11) EATERIOR 11 STALLS
IF H N "E'II II BUILDINC 111C IN
32 COMPLIANCE (TYPICAL EXISTING PIPEONE FTER R 2C -A��S IICTT I-AITOTS D 11 ER�O
RA OR IF EY
LET SERENE BK341 PG248 SUBTOTAL STALLS ET ACREACE 11
u
F JN ITS / ACRE 5 1
TOTAL M11- P101111IR BYHN ENNHIS ASSUMES EACH MEMORY CARE OR N
C DOES OT INCLUDE STREET
PARKINC ASSIPHED LIVINC BED - I UNIT
BICYCLE PARKINC TO BE PROVIDED SHTYIN THE PARKINC STRUCTURES COMMERCIAL USES OPEN TO PUBLIC BUILDINC 'UPS 21 ISE OR
26 0 FIT BUILDINC 111C 4� UP SO
B?k 9" T T I N TERDE' TION' TO'FODNE FR`MREEKH RED AD OND C ATH ED I PC PH ACE L AN E DAILY TRIPS ALL COMMERCIAL USES MUST MEET CN I STANDARDS
0 PC T' TEEIPS PER DAY NO UNITS
HENZE APPLE FAMILY 4C, 2, 125
OR DU 4 15 11 IONI 11"INIKONALITAN .....
20 C CA, ANCLE FAMIULLOYE
IRINTENANCEsD SE S N R MUPUF`FAMILl 24' 4'
FIl �OTARJEA MINIMUM 5,111 SO 3.mB SE DTH 45 FEE T
'F T To
LOYLLUST A -SENIOR BUFFER UNITS ARE CO—D AS DETACHED
LOT FROULACE 4, FEET
AUDITOR'S LOT 2 'Q" I' SE=
CARDINAL PARCEL 'I RQUS"REDUCTION FOR TILE REAR SETBACK ASSOCIATED WITH UNIT I FROM 21 FEET TO 15 FEE
HEIGHTS 99051 09, 7 1. Ac 3E5 11 FEET IARANE DOOR 25 FEET
BK41 PG1 14 U I -JI I BUTTERNUT CT 1 2 REQUEST A REDUCTION FTFOLERPROSUL011ACT BUOS DAPEAC FNTM 2B5UFCEEND To 1 5 FEET SIDE 3 FEET Q IREMEN R NIT BE SE COC BE 'ACE PU SSALK DEAD 2 FEET
WAIVE
ON S
— — — — — — — T C P) TO MAINTAIN ACCESSIBILITY NOTE THAT A DRIVE.Al OF AT LEAST 25 - RE E T 11 REAR SEKACK FOR UNIT I
BUILDING —Z LL SILL BE ROVIDED FOR EACH UNIT ON THE CUT D E C C REQUEST A REDUCTION OF KSO REQUIRED COMMERCIAL
OMM ERCIAL PARKINC SPACES FOR E.TERIOR M—K-1—Y R.NR .—N.K.— STANDARDS
NEIGHBORHOOD — MOIERCIAL -4 IRI ATER
RESIDENTIAL EN LION PARKINC FOR BUILDING"
DUE 4 SE=
4 RAUDEST AN 3 SERDRIE ILL TILE MTOI=ITN0=AS (FOFCAF54)FOR 21 FEET
BUILDING
T BULL 1112, AND BOLDING 1113 TO ADDRESS SITE TOPOGRAPHY (GRADE SIDE UP FEET
P— — — — — -- - 5 REPLANE CALCULATION) AND ROOFTOP FEATURE S 'EAR 21 FEE T QUEST A REDUCTION FOR LYLE FRONT SE ACK ASEAYCI—D lITH TOINHOMESILLEL, BUILDINC SEPARATION 2, FEET
N CONSISTENT WILY
MULTI FAMILY BUILDINCS FROM 21 FEET TO 15 FEET I REMAD OTHER
DEER C SINILEIAMI L, HOMES WITHIN THE DEVELOPMENT
MKN- M.—K—K.N
IL I A CAN EEK A FFEC�TJYENMTO ACAMILOPFEET PARKINC I BE LOCATED
PLNI C 0 ULT ,
'11 1�11PA'T'N�l EC ST APO DETODE I BUI=ID- DEVELOPMENT STANDARDS
UB HOUSE 'FURE, SN�IT ED 343 FORPARKINCREQUI INC PARKINC TO BE LOCATED BEHINDS THE BUILDINC -EST-
CE D 20 EA ERIENT BUTTERNUT IT TOPOCRAPHYL AND SENSITIVE
16RBI ENTIALUNITS BASIN BUILDINI IMPRACTICAL THE ARK='PE
L - I E AREARE C
— — — — — — I I L3 STORIES LANE PARKINC SHLL BE SO 0 LACE
2-90P COTTAGE
Li A -�5 HE BEDS - RENOR) E 331 NOTES NANEEI
I w 1 16 BEDS - ASSISTED UP ING BUTTERNUT AT I ALL SHE"E" ARE PUBLIC
130 INTERIOR PARKING STALLS TURNAROUND 2 PARKINC REQUIREMENLE ASSUME ELDER APARTMENTS welch
A201 B, AND STUB PAVEMENT TO C ALL CURB STOPS FOR ATER SERVICES TO BE LOCATED SHLHIN PUBLIC RICHT OF Al SHTH AP—I.'—rN
SOUTH. HIM. 39 RAD. AT CONNECT TO RGE UN D EN MARKED
CURB
U 'STOP EXIST INS 1 0 PAVEMENT Shoemaker
I
L I TH O=N
LOT ING RATER ETDIEVE=E SHALL"ERE OPONI"FORRHO. REMOVAL FROM LYLE ANCLED
D 2C Ac SKNEET PARKINC EVEN THOUCH STALLS ARE IN THE PUBLIC RICHT OF Al
� [ w .31
B"I'l 1 5 REFER TO EUEE=TAFFSADP 5FORLOTDIMENSIONSFORTHE IMAGINARY LOTLINES A.LS Haaland
u A16 I. REQUIRED "P �LIENT
D ST ANDREW PRESBYTERIAN WESTERN HOME INDEPENDENT
CHURCH —PART ONE LEGEND:
LIVING SERVICES, INC.
UNIT TYPES NIRE.
CARDINAL PI
HEIGHTS NCLEIAMILl CONDO —KOUT
WESTERN HOME GPD
PINCLEIAMILl CONDO -SLAB F OF IOWA CITY
[--] DECIAIN Ll
BUFFER CONDO A UNITS)
CITY EUBMI—
MULTI UNIT COND
0
GOT TOAHNHOME RM
CAMP CARDINAL COTTACES MEMORY CARE SHEET N66NCEPT PLAN - PRELIMINARY
APDINA
RD IIA E, F
I PROTECTED SLOPE CI PIPS PLANNED DEVELOPMENT OVERLAY &
CARDINAL VILLAS CONDOMINIUMS SENSITIVE AREAS DEVELOPMENT PLA
2 PROTECTED SLOPE BUFFER Fl— NI — R—El HEET NIB ED YY 1� JR111V 11HEET NIR 025 CH
CONSTRUCTION ARIA LUKU I I'Ti4Z024 SADP-3
reOPO�reAreoEreE�reoOo=TreEE
\ o r 30 ' 29 \ LOT 1 / \� .OPO..re A reEENTreEE TreEE
PLANT SCHEDULE LOCATED ON SHEET L-02 "". 77 SF 9,1$9 SF I, i reoaosreo snreue \j! a o0
-._- I � ooTLTVEx«oEONFOreTreIll
AT ON TO reE UEreFEO revOrevEss Orel
E NnA��EO AMNMOM OF,o
.. � O� F� TvnreEET TreEEs
B. 10, covsTreucTorvo
Dore NO reOME ooNnreoR ON TO PreEVENT
12
_ �� �T=�Erere��o�ATE
T7,15zsF 10,9785F a
hs _
�r
N
�o, 7,1505E 4 T LN— FEET OF FRONTAGE —NOT LE11TH. ONE
/O— MORE THAN ONE FRONTAGE ONE TREE 1REQUIRED
t .
� 'A ♦ � � '._ � 7,1 OSF � ��OTY NTAOE,so
A OoreEE RE reEMENTSFOre reEE GENT w oEEs.
A M1,N1M
/ �� f
v 103 v ;— 701 s �' / �. �\ 101—ERATOEMET ���ETreEEEE��O rePreO�reEreTreE
61,3905E — - ,-"� - - - 21 reOT� s,�o sF,ssosFPR
CC..� RE QU DE D
«iP
psi .� OT 21) 1611 IF 1110
OiGDE
oT� SF,ssosF
� OT, IF,�
7 OT IF1SOS rerePreoMreEre
OT,�
z,102 IF ,� IF REQU DEED
/ � 4 � � 7,1995E � � 7,1 OSF III 7,1505E I � 8A 555F �� j � �A�./
w
A A,, _ 'O V v.—
vU,AOTA
459 SF
��� sF
8,293 SF
LOT 2`� �,sZ\,
Ac
�
wPF -- v
o
o
37102_j, 12
-a76ofsF�l — — \
o =F `/
W� 35F
�o Z F 98 �A
O
7,
y 7135F I �,N�.
2 L- j -i i i TTP
e F, __ A �.� o io
u, — , r---- 16
101
Q wore 91,972 5� i -
- J N '
T I CAI areE
7,1835 welch
— — w daslgn.developmeM
NIB - , p665F �_ ��TWESTERN HOME INDEPENDENT
-_ MATCHLINE: L—01 ——�� �� LIVING SERVICES INC.
u -- ---
- re - — - 01-FL-02 _ — J w\` _ �_ 19=.. WESTERN HOME GPD
w reT wsMP
w«�
w
of I �' OF IOWA CITY
CIT111" TA
STREET TREES SHALL BE INSTALLED BY LOT OWNER \� N ' - -
_� - u DURING HOME CONSTRUCTION. I I - -22
M�TTAL as
I /
I
_ E-_ ==J CONCEPT LANDSCAPE PLAN
F Landscaping Plan is subject t. Zoning Code standards which will be reviewed with the site plan. The plan shown here is a concept and is subj.d to change in compliance with those standards.
CC /� J� �1025 re01WELCH E
11
��p liesi n Tre,s,D �11�1Wx129 LlO1
.. ...............
C:)
wit JCBF
�
IT
_J1
LF FROM HYDRANT MANHO NT NGLE FTLyrerev'REreAreM�NET TRE`
FT
__D Y LOT
ER DIR HOME 10NITR11T ON TO IRE INT
Rsa
IONITRIITION DAM—
11 R1R
7 `R�E EERE QEUN RETM ENUT�L"
A 'T REE T R� ET 'R� T 0
Z R GHT OF y
�10R=F�4RIO�NLTN LFOE7T ON E -GE TREE IREQUIREDFOR
F FRONTAGE OR ONE IMALL TREE FOR Qmc
1111E_ MATCHLINE: L- TY1111LINEAR FEET OF FRONT— NOT LE11 THM ONE
11 LTT 01 ET3E YZ70T QRC
11 LIR 111ILFFRONT141-
DEECREEK RID A 11 QRL osP 1111N 11 F 111RDED ons
III LIR 'ORY I TTHYM(,OR) �, NTH M FENEETFoRFOFNRTol E�N E T R E E I I R E QU I R E D . .... ..
11 10H FoR NT E
1414LFFR0NE III-
72P OV�DED
'A4M ' I MR EMERREEQQUURREEMMEENN T T'l FOR RE " DENTAL UIEI
N �
-OR TOCRo R oUNPNLG�T = LTYRDE- T 'T'
11p LL NLG G rGU El E1LMLUN1GT%EM= ED'LOYN IITE "N
p
11 IPD F JC AT A M N MUM=O� AoFLETIT, NU, DENEGFC0oR,1RYEFo1 HUNLDoRTED Y F FTY( ) Q E T oT _ F THE M
CO=ORNAT F11ol, ALIEIII IF 1GLTMD IFE TREEI 11 ILO-D PROVIDED THII ,
1111R 17 I.M Co M
I cm
(LOT ) - 111 -
P ROIDED U RED (LOT 21) - I III IF 1111 IF -
11 PRDED
F_: (LOT 211111F 11111F- —
11 1 p ROIDED 2
17 I.M oI III IF I III IF - I RE QU RED
� 14 111 IF I III IF - 21 PRRo � DREEDDacA
11
(LOT 112) - 17 211 IF I III IF - �� RRQ=D
L
CIF
o C, 11 PRDED
2l 112 IF 1111 IF - RE Q
p
RO HN
14 IMP R
12 LT 41 74'1'1�F;21'1N1T - E71 REQUIRE D
Z ML ..PRO DED
14 11 CCN
2 I
12 GDE
PSE
LOT
4.23 Ac Z
14 C01 12 MIP
11 PTN
jxp
LAM
12 C— 11 cl jxm
14 MIIP
oval
121M NIINEEI
11P
11 TM I Landscaping Pl.. i. ..bj.d t. Zoning C.d. A..d.,ds which will b. reviewed with the site pl... The pl.n shown h i. . concept ..d i. subject to c!,..g. i. p1i.me with those A..d.,d..
Welch
1� 5T — design. development
-LIENT
LTpT WESTERN HOMEINDEPENDENT
LIVING SERVICES
, INC
WESTERN HOME GPD
OF IOWA CITY
STREET TREES SHALL BEINSTALLED BYLOT OWNER
DURING HOME CONSTRUCTION.
ICONCEPT LANDSCAPE PLAN
ILA Designi16,1 1'�EL5H' 2
. .
. .
. .
. .
~
^^
' `.
A -A] Design
ATTACHMENT 4
Building #103 Renderings
A * �
f4711
e. I
�� 4 JAM' S _•� I.I
1 P 11
s�` ; 5 * ,.'i 4 � �,._.�9 '� ; �Tx � � � �v k �-� { ' ••'� a P��1 w ,� �f ,... ;,.
low
iaL
;-lop
s �
� • � � "vim �""
s. a 4-�7
c
w
t
1 »
��Ott
-
L � w
0 ,000 0"Y
'I
., i"
'4 4
144
ATTACHMENT 5
Applicant's Statement
October 27, 2024
Eelch
design +development
APPLICANT'S STATEMENT FOR REZONING
Western Home GPD IC
Please accept the following Applicant Statement submitted on behalf of Western Home Independent Living
Services.
Western Home Communities was founded in 1911 and is a non-profit community service organization based in
Cedar Falls, IA with senior living communities throughout northeast and central Iowa. Western Home owns and
manages independent living communities (over 900 units), multiple assisted living communities with specialized
memory support, nursing cottages and over 250 villas for active living. In addition, the main campus includes a
wellness and community center with a swimming pool, walking track, event center, salon, market, two
restaurants and outpatient therapy.
Western Home is excited to become an asset to the Iowa City community and is submitting the rezoning
application to request a change in zoning to allow for the development of a senior housing community with
continuum of care options in a mix of single-family homes, condominiums, townhomes, assisted living/memory
care cottages and a community center on approximately 31 acres. Nearly one-third of the property will remain
undeveloped to preserve and protect woodlands and sensitive slopes.
The intent of this rezoning application is to make a modification to the rezoning and associated OPD plan
previously in December 2022. There were three changes to the site. The first change was the removal of one
home along the east side of Clara Court. This home was removed as a result of further analysis of the site
grades. Removing this unit allowed for a reduction in the amount of retaining wall required. The second change
was to the street grades along the south end of Gathering Place Lane. The street was lowered in this area to
convert four units from walk -out style to slab -on -grade style homes. The third change converts the Camille
Court area from five single-family, walk -out style homes to a single building with rehabilitation and wellness
areas for residents on the ground floor and two levels of congregate living above the ground floor. Each change
was made in response to Western Home's analysis of the market conditions and feedback from potential
residents. These changes allow Western Home to offer a greater variety of cost options for future residents.
The horizontal improvements, including grading and utility installation, are currently underway. Roadway
paving is anticipated to occur later this year. The single-family homes and duplexes will be the first to be
constructed, followed by the three multi -family buildings, and townhomes. The final phase will include the
assisted living/memory care cottages, but that timeframe may move up depending on demand. The entire
development will be constructed and completed in five years.
Thank you for your consideration of this rezoning application.
Sincerely,
.,UIIw.�
Michael J. Welch, PE
Welch Design and Development, LLC Page 1
Project #1025
ATTACHMENT 6
Summary Report for Good Neighbor Meeting
Summary Report for
Good Neighbor Meeting
Project Name: Western Home GPD IC
� r
C Mai
CITY OF 10"'A CITY
Project Location: Gathering Place Lane
Meeting Date and Time: November 6, 2024, 4:00 - 5:30 pm
Meeting Location: St Andrew Presbyterian Church, 140 Gathering Place Lane, Iowa City
Names of Applicant Representatives attending: MichaelWelch- Shoemaker&Haaland(formerlyWelch Design and Development)
Pat O'Leary, Kris Hansen, Angela Evans, Andrew Finnegan, Western Home
Names of City Staff Representatives attending: Rachael Schaefer
Number of Neighbors Attending: 8-10 Sign -In Attached? Yes No X
General Comments received regarding project (attach additional sheets if necessary)
5-6 Neighbors who currently live to the east in Walnut Ridge attended. The head of their HOA did not receive
notification of the meeting but his neighbor told him about it. Their comments were centered on how visible
the new building (Bldg 103) would be from their properties in Walnut Ridge. There was also discussion regarding
the fact that the plan being presented was identical to the plan presented to them during the original rezoning
other than the changes on Camille Court. 2 or 3 neighbors from the Cardinal Ridge neighborhood attended as well
Their comments were focused on understanding the project limits and ensuring that the woodlands would remain.
Concerns expressed regarding project (attach additional sheets if necessary) -
Building height and visibility (or lack thereof) from Walnut Ridge
Walnut Ridge neighbors wanted assurance that the plan would not extend sidewalks or roads into their
neighborhood.
Walnut Ridge neighbors were concerned that the project proposed would construct a large-scale building similar
to what was proposed a number of years ago before Western Home was involved with the property. They were relieved
to learn that there would not be a large-scale building.
Will there be any changes made to the proposal based on this input? If so, describe:
No changes are being proposed. The neighbors seemed reassured that the proposed project was
maintaining single-family, and modest congregate living buildings. They also expressed support for the
planned variety of the exteriors of the single-family units.
Staff Representative Comments
Planning and Zoning Commission
November 20, 2024
Page 2 of 15
being converted to residences. If the City Engineer finds that the present condition of the
private streets is found to sufficiently satisfy City standards, the City Engineer may
release this condition in writing.
d. At the time of preliminary and final platting, the following must be addressed:
1. Private streets shall be dedicated as public right-of-way.
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. REZ24-0008
Location: East of Camp Cardinal Road and North of Gathering Place Lane
An application for a rezoning of approximately 31.2 acres of land from Medium Density Single -
Family Residential Zone with a Planned Development Overlay (OPD/RS-8) to Medium Density
Single -Family Residential Zone with a Planned Development Overlay (OPD/RS-8).
Schaefer began the staff report noting this property is one of the few large undeveloped areas
east of Highway 218. There are single family homes to the north and east of the property, the
area to the west of Camp Cardinal Boulevard is being built out as a duplex and multifamily
development, there's also multifamily uses and a church to the south. The zoning for the
properties to the north and south are mostly Low Density Single -Family Residential with a
Planned Overlay Development (OPD/RS-5) overlays. The properties to the east are Rural
Residential with a Planned Development Overlay (OPD/RR-1), the properties to the west are
Low Density Multi -Family with a Planned Development Overlay (OPD/RM-12), and to the south
there is also Low Density Multi -Family (RM-12) properties and Low Density Single -Family
Residential with a Planned Development Overlay (OPD/RS-5) and a private group assembly use
with the church there. The subject property was originally rezoned to Medium Density Single -
Family Residential with a Planned Overlay Development (OPD/RS-8) and that was approved on
February 9, 2023, to allow for the construction of a senior living community with a mix of housing
types and a commercial use. The final plat was approved in January 2024. The reason for this
rezoning is maintain the OPD/RS-8 but the applicant is requesting to amend the previously
approved OPD and to convert the Camile Court area from five single-family homes to a 16-unit
elder apartment building with a rehab and wellness facility for residents of the development on
the ground floor.
Schaefer showed some images of what the property looks like right now, the site is currently
undergoing site grading and installation of utilities and noted where there are the protected
woodlands. The City is currently in the design phase to extend the portion of Camp Cardinal
Road and eventually there'll be a traffic circle and Deer Creek Road will extend into the Cardinal
Height Subdivision, that extension is estimated for this upcoming spring.
Planning and Zoning Commission
November 20, 2024
Page 3 of 15
Currently, the subject property is approved for 35 single-family homes, eight duplexes, 20
townhome style multifamily and 38 multifamily units, for a total of 101 units. They're also
approved for a 16-bed memory care facility. The approved OPD plan was approved with waivers
as well, one of the main ones being the mix of housing uses including not just single family, but
multifamily and commercial uses as well. The applicant had also requested an increase in the
maximum height for the two multifamily units on the property to be 45 feet instead of the
standard 35 feet for the zoning district and now the applicant is proposing an additional
multifamily residential building with that same waiver request to increase the height from 35 feet
to 45 feet to address, again, topography and rooftop features similar to the reasoning provided in
2023. In addition, the applicant is updating the plan to make two changes that were able to be
administratively approved that Schaefer will review later in the report, but that is the reason that it
only jumps from 101 units to the 105 units proposed.
Schaefer shared the approved OPD plan from 2023 with the mix of uses, the single- family
homes and multifamily. The changes that are being proposed today are to convert what was the
five single-family home cul-de-sac area of Camile Court into a 16-unit elder apartment building
with rehab and wellness areas for the Western Home patrons, so all of the individuals residing in
this development will have access to that rehab and wellness facility. Schaefer explained that
changes that could be administratively approved, and therefore are not part of this rezoning, was
to reduce the unit count of building from the originally approved 22 units to 16 units. The
applicant is also proposing to remove one single-family home from the bulb of Clara Court, which
is now being called Timber View Court, due to topography and trying to reduce some of the
construction that would be needed to build a home there.
Schaefer explained that for these types of rezonings staff uses four criteria to review applications
for the planned developments and then there's also an additional two criteria used for all
rezonings. The first is regarding density, the allowed density for the RS-8 zone is eight dwelling
units per net acre, and the proposed changes are falling under that with the total density of 3.9
dwelling units per acre being proposed with these updates. Originally, the development was
approved at 3.7 so this is just a minor increase from the previously approved plan. The applicant
is proposing a multifamily residential building, which isn't typically allowed in the RS-8 zone
without an OPD and while the original OPD approved something similar but because of the
additional multifamily building, it needs to be reviewed again. Based on the onsite parking
calculations Schaefer also wanted to point out that with this multifamily building today, the
parking is being calculated using the elder apartment calculation and those requirements so
these units will have to be maintained as elder apartments and be occupied by 55 or older
tenants. The surrounding land uses include single-family homes to the north and east, St
Andrews Church is to the southeast and multifamily condos are to the south. The property to the
west is being developed into townhomes, duplexes and multifamily units, and the multifamily
building that's being proposed is complimentary to those already approved multifamily dwellings
on the site and adjacent to the site. Regarding mass and scale, due to the potential impacts to
sensitive areas the layout of this development is more compact than a conventional development
in a single-family residential zone. The proposed multifamily use is on the west side of the
property, near more intense uses including the previously approved townhomes and condo style
multifamily buildings. The proposed development still allows for that transition from higher
intensity in the west corner to the east where there's the predominantly single-family homes. The
proposed building has a proposed addition of 10 feet of what's typical for the area and the private
open space is being provided on that rooftop of the building, which is why the height increase is
being requested. Overall, this development has ample open space and protected areas for those
Planning and Zoning Commission
November 20, 2024
Page 4 of 15
sensitive features. Regarding traffic circulation this proposal makes no changes to the traffic
circulation that was originally approved other than the removal of the Camile Court right of way
so that the cul-de-sac that was originally planned to access those single-family homes will no
longer be needed as this development will be accessed directly from Gathering Place Lane
which will be accessible from Camp Cardinal Road and once Camp Cardinal Road is improved
to the north there will also be access from Deer Creek Road. Staff does recommend maintaining
the previously approved condition of the original rezoning that required the owners to contribute
50% of the cost to improving Camp Cardinal Road to Deer Creek Road. Then because they're
removing that right of way staff is also recommending adding a condition that the final plat
application be submitted and approved prior to any building permits for this property. Schaefer
shared the renderings provided from the applicant showing the proposed building with the rehab
and wellness center, she noted that the parking being proposed on the side will have some
screening from the roadway, but most of the parking is accessed from the rear and will be below
grade. She also pointed out that the wellness center and rehab facility is shorter than the
multifamily building which also helps with the transition to the single-family homes.
The second criteria is that the development will not overburden existing streets and utilities. With
the utilities staff sees no issues, there is the ongoing installation of utilities and grading
happening on the property. Regarding traffic, the approved plan in 2023 was expected to have
309 daily trips on Deer Creek Road and Gathering Place Lane, which is less than the 500 vehicle
trips that would cause them to become overburden. With the four additional units being proposed
overall for the site, staff didn't see any major effect nor that there be any more than the 309 daily
trips and therefore staff doesn't believe that these roads would be overburdened. Schaefer also
wanted to point out that they are still proposing angled parking between the two multifamily
buildings, so staff recommends maintaining the previously approved condition that the owner
maintain those spaces, including snow removal and things like that.
Third is how this rezoning affects surrounding properties, the nearest neighbors to the north of
the proposed multifamily building are separated by a woodlands preservation area and a stream
corridor. The property the west is also separated by woodlands preservation and the proposed
building is set back from the north and west property lines by much more than a conventional
development and meets the setback requirements from the south and east as well. Therefore,
the proposed development will not adversely affect the views, light, air, property value or
neighboring properties privacy any more than a conventional development would.
The fourth specific criteria is combination of land uses and building types. As previously
discussed there are modifications to the OPD being requested and height is one of the requests.
The applicant is requesting a max height of the multifamily building increased to 45 feet from 35
feet as was approved for the other multifamily and mixed -use buildings in 2023. The approval
criteria requires that the design of the development result in sufficient light and air circulation for
each building, adequate accessible open space for all residents of the development. According
to the applicant the additional height is proposed to accommodate the open space for the
residents with the half story increase on the rooftop. Schaefer stated it is also required that at
least 35% of the net area in the development be free of buildings, parking and vehicle
maneuvering areas, which is met and exceeding that with 70% of the proposed development left
as open space or being preserved for sensitive areas. The applicant is also requesting an
additional multifamily building, therefore a mix of uses as the proposed multifamily building adds
to the already approved mix of senior housing in the development and a mix of housing is always
encouraged with planned developments. According to the applicant and renderings the proposed
Planning and Zoning Commission
November 20, 2024
Page 5 of 15
multifamily utilizes similar architectural elements, scale, massing and materials as a previously
approved for the single-family, multifamily and commercial buildings so the two waiver requests
appear to be in the public interest and meet all those approval criteria.
As with all rezoning it must be in compliance with the Comprehensive Plan. Schaefer stated the
changes proposed still align with the goals of the Comprehensive Plan, the proposed density,
again of 3.9 units per acre aligns with the Future Land Use Map in the IC 2030 Plan, which
recommends a density between two and eight dwelling units per acre. The Comprehensive Plan
encourages housing diversity, connected neighborhoods, the preservation of sensitive features
and pedestrian oriented developments.
The other criteria for all rezonings is preservation of environmentally sensitive areas. Schaefer
noted the subject property contains regulated wetlands, stream corridors, slopes and woodlands,
and the applicant submitted a Sensitive Area Development Plan in 2023 with that original OPD
rezoning and with that approval conservation easements for those areas were established
through the final platting process to protect the environmentally sensitive areas on the site.
Because the proposed plan does not change any in a substantial way anything from the original
preliminary Sensitive Area Development Plan and the conservation easements will remain on the
plat as they are currently shown.
As far as correspondence, staff did not receive any written correspondence from the public and a
Good Neighbor meeting was held on November 6 by the applicant.
Staff recommends approval of REZ24-0008, a proposal to rezone approximately 31.2 acres of
land located east of Camp Cardinal Road and north of Gathering Place Lane from Medium
Density Single -Family Residential with a Planned Overlay Development (OPD/RS-8) to Medium
Density Single -Family Residential with a Planned Overlay Development (OPD/RS-8) subject to
the following conditions:
1. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of
upgrading Camp Cardinal Road to City standards from Gathering Place Lane to the
future extension of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code.
This contribution shall include 50% of the cost of construction of the traffic circle at the
intersection of Deer Creek Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of final
platting, Owner shall execute an agreement in a form approved by the City Attorney
obligating the Owner to maintain such spaces.
3. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court ROW and demonstrating consistency with the
Preliminary OPD and Sensitive Areas Development Plan must be approved.
As for next steps, with a recommendation for Council tonight Council would set a public hearing
on December 10 for consideration on January 7, with two additional readings after that.
Wade asked if there any restriction for the street facing on the residential facing that at a lower
height so it blends with the neighborhood, versus allowing it across the property. Schaefer
replied, no they don't hold them to the rendering elevations.
Wade noted there were some setbacks that were decreased in the initial approval, have those
rolled over into this or does this follow standard setbacks. Schaefer stated this plan would follow
Planning and Zoning Commission
November 20, 2024
Page 6 of 15
standard setbacks, there's been no requests for those additional modifications
Hensch opened the public hearing
Mike Welch (Shoemaker & Haaland) and Steve Long (Salida Partners) came forward to answer
any questions from the Commission.
Hensch asked for the memory care facility is that only for memory care and no assisted living or
independent living in that facility. Welch replied it is anticipated to be a combination of assisted
living and memory care, but no independent living.
Hensch asked if the multifamily building is restricted to only 55 plus. Welch confirmed that was
correct. Hensch noted in lot two, on the storm water retention area, it is noted "wet" so is that
anticipated to have a water in it year-round. Long replied it would have water in it year round and
probably a fountain or aerator.
Miller asked regarding the 35-to-45-foot increase staff said that was to provide open space, what
exactly would that use be. Long replied it would be a rooftop patio space with some height for a
pergola, or some kind of coverage for part of it. Also, they are not at a level grade around the
whole building so the height will variate.
Wade noted his only concern is that is a fairly large building and if it is 45 feet for the full length of
the building it becomes pretty substantial compared to the neighboring residential. How does
this building fit into the topography at that location. Long replied it's definitely on the highest part
of the property. With grading the street, they did cut that area down six to seven feet so it is six or
seven feet lower than it was before they started. He also noted the timbered area around the
buildings is mature timber.
Craig asked if it is possible to add an additional restriction about the setback required for the
smaller building in front of the big rehab building. Russett replied if the Commission wants to add
a condition that somehow ties the building to the renderings they would just need to know what
public need the rezoning is creating and how it's addressed through that condition.
Miller noted the exception for the parking not being behind the building because of topography
makes sense, and also for the community members to use the shared amenities, the rendering
showed some side walls with screening but those aren't showing up on the civil plans or
landscape plans, is it a requirement to have any type of screening for that parking lot. Schaefer
explained the rezoning is actually not able to approve that parking on the side he is speaking
about, the requirement that requires parking in the rear of a multifamily development, so the
applicant is going to have to apply for a minor modification separate from this rezoning to allow
that parking on the side there. They do have enough parking underground to meet the
requirements, but the side parking will have a separate hearing for that.
Craig asked what the distance from the road to the end of the shorter building is. Long is not
sure but believes they are at the 20-foot building setback on the shorter building.
Hensch closed the public hearing.
Planning and Zoning Commission
November 20, 2024
Page 7 of 15
Craig moves to recommend approval of REZ24-0008, a proposal to rezone approximately
31.2 acres of land located east of Camp Cardinal Road and north of Gathering Place Lane
from Medium Density Single -Family Residential with a Planned Overlay Development
(OPD/RS-8) to Medium Density Single -Family Residential with a Planned Overlay
Development (OPD/RS-8) subject to the following conditions:
Prior to issuance of a building permit, Owner shall contribute 50% of the cost of
upgrading Camp Cardinal Road to City standards from Gathering Place Lane to the
future extension of Deer Creek Road in accordance with 15-3-2 of the Iowa City
Code. This contribution shall include 50% of the cost of construction of the traffic
circle at the intersection of Deer Creek Road and Camp Cardinal Road.
2. In the event Owner desires to construct on -street angled parking, at the time of
final platting, Owner shall execute an agreement in a form approved by the City
Attorney obligating the Owner to maintain such spaces.
3. Prior to issuance of a building permit, a replat of the Western Home Gpd
Subdivision showing the removal of the Camille Court ROW and demonstrating
consistency with the Preliminary OPD and Sensitive Areas Development Plan must
be approved.
4. The new building, rehab facility, within 90 feet of the road can only have a height of
35 feet in order to maintain transition from single-family housing to this building.
Wade seconded the motion.
Craig noted they've been over this before and she thinks it's a great development. For whatever
reason they decided on this change, it just strengthens the development and overall she has no
problems with it, but does see the problem with bringing that building so close to the road at 45
feet if allowed so that is the reason for the added condition.
Wade stated he tends to get into the weeds of a project however, initially they had multifamily or
bigger structures closer and isolated to one area and now they're starting to bleed that into the
residential area so it does transition in and it doesn't seem to be negatively impactful based on
what's presented today.
Miller stated he doesn't have a problem with the additional requirement to have the building have
the required stepdown that they're showing in the renderings. He was going to play devil's
advocate and say the other building is right next door to a single-family house and it's 45 feet as
well but sees their plans are to step it down in the front. He thinks it's a sensitive move and it's in
line with the zoning exception to be contextual so he thinks it's a reasonable unless the applicant
strongly objects to that.
Hensch supports this application. He is a big fan of step backs but would probably prefer that
they not do that, but he doesn't want this to fail, so he would vote for it. He is still lamenting the
failure of building Grand Living at Bridgewater which ended up in Coralville, that beautiful facility
could have been in Iowa City, in this location, and that was a huge loss for the city of Iowa City
for employment and taxes, and as an example of something done extremely well of similar ilk
would be Featherstone at Hickory Hill, it turned out beautifully. This is a use that's needed in
Planning and Zoning Commission
November 20, 2024
Page 8 of 15
Iowa City, anything with an opportunity to provide memory care, assisted living, and housing
options for 55 plus in the Iowa City he is absolutely 100% favor of.
A vote was taken and the motion passed 4-0.
CASE NO. REZ24-0009
Location: 500 ACT Drive
An application for a rezoning of approximately 48.6 acres of land located near 500 ACT Drive
from Office Research Park (ORP) zone and Interim Development Research Park (ID RP) zone to
Mixed Use (MU) zone.
Russett began the staff report by sharing a map of the subject property. The property is
accessed from the south, from ACT Place and from the west, from North Dubuque Road. Most of
the land around the property is undeveloped. The current zoning is both Interim Development
Research Park (ID -RP) and a small portion is also Office Research Park (ORP) at the southern
end. She noted there's some public zoning to the west and also some multifamily zoning to the
west.
In terms of in terms of background, this property was annexed in the late 1960s or early 1970s, it
contains four parcels which have never been platted. They contain two buildings and some
surface parking, the buildings are mostly vacant except a small portion. The northern building is
currently being used by ACT for office space, but the rest of the buildings are vacant. Russett
noted the property also contains private streets. Currently, no specific development is being
proposed, however the developer has expressed some interest in adaptively reusing the existing
office buildings into senior housing, while leaving a portion of the building for ACT office space.
Russett shared some pictures of the property noting again the current zoning is a mix of Office
Research Park and Interim Development Research Park. Office Research Park allows uses such
as office uses, hotels and light manufacturing. The ID -RP zone doesn't allow that much
development, it's intended for managed growth and over time would eventually get rezoned to
allow development. The proposed zoning is Mixed Use (MU) as there is an interest in converting
some of those office buildings to residential uses, while maintaining some of those office
buildings as office uses. The Mixed Use zone is appropriate for that as it allows a variety of
residential and non-residential uses. Some examples are assisted group living, detached single-
family duplex uses, office uses, retail eating establishments and multifamily uses. Based on the
acreage of the subject property, it would allow a maximum of 778 dwelling units.
In terms of the rezoning criteria, they look at consistency with the Comprehensive Plan and
compatibility with the existing neighborhood character. In terms of consistency with the
Comprehensive Plan, the Future Land Use Map of the IC 2030 Plan shows this area as
appropriate for Office Research Development Center uses, the proposed Mixed Use zone does
allow office uses. Russett stated even though the Future Land Use Map does not envision any
residential uses in this area, there are principles and goals and policies in the Plan that speak to
infill development and encouraging a diversity of housing type which would be allowed by the
Mixed Use zone. She explained some of the principles in the Plan in terms of infill development
talk about rehabilitating existing structures and adding to the diversity of housing options. In
terms of housing diversity, it encourages a mix of housing types within a neighborhood, which
Prepared by: Rachael Schaefer, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; (REZ24-0008)
Ordinance No.
Ordinance conditionally rezoning approximately 31.65 acres of property
located east of Camp Cardinal Road and north of Gathering Place Lane
from Medium Density Single -Family Residential with a Planned
Development Overlay (OPD/RS-8) to Medium Density Single -Family
Residential with a Planned Development Overlay (OPD/RS-8). (REZ24-
0008)
Whereas, the Western Home Independent Living Services, Inc. has requested the rezoning of
property located east of Camp Cardinal Road and north of Gathering Place Lane from Medium
Density Single -Family Residential with a Planned Development Overlay (OPD/RS-8) zone to
Medium Density Single -Family Residential with a Planned Development Overlay (OPD/RS-8) zone;
and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for residential
development at a density of 2-8 dwelling units per acre and encourages a mix of housing types
within each neighborhood to provide options for households of all types and people of all incomes;
and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Road to
provide access and traffic calming devices at the intersection of Deer Creek Road and Camp
Cardinal Road to provide the safe street network envisioned in the Comprehensive Plan; and
Whereas, in consideration for approval of angled on -street parking, which the City does not
have a practice of maintaining, the planned development creates a public need to maintain any
such angled on -street parking to ensure the high levels of services envisioned in the
Comprehensive Plan; and
Whereas, the Preliminary Planned Development Overlay and Sensitive Areas Development
Plan proposes to remove the Camille Court right-of-way which creates a need to final plat prior to
the issuance of a building permit; and
Whereas, the rezoning creates a public need to ensure the development of high quality multi-
family housing that is compatible with the mass and scale of the proposed neighborhood, mostly
comprised of small scale single-family homes, by maintaining the standard zoning height
limitations for the first ninety (90) feet measured perpendicularly from the right-of-way for the
Building #103 area; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding construction of Camp Cardinal Road and a traffic circle at the intersection of
Deer Creek Road and Camp Cardinal Road, an agreement between the Owner and the City to
maintain on -street angled parking, approval of a final plat, and maintaining the standard zoning
height limitations for a portion of the Building #103 area, the requested zoning is consistent with
the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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
Ordinance No.
Page 2
Whereas, the owner, Western Home Independent Living Services, Inc., have agreed that the
property shall be developed in accordance with the terms and conditions of the Conditional Zoning
Agreement attached hereto to ensure appropriate development in this area of the City.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and
incorporated herein, property described below is hereby classified Medium Density Single -Family
Residential with a Planned Development Overlay (OPD/RS-8), as indicated:
LOTS 1, 2, AND 3 OF WESTERN HOME GDP, PART ONE AS RECORDED IN BOOK 67,
PAGE 196 OF THE JOHNSON COUNTY RECORDER'S OFFICE, CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA.
DESCRIBED AREA CONTAINS 31.65 ACRES AND IS SUBJECT TO EASEMENTS AND
OTHER RESTRICTIONS OF RECORD.
Section II. Zoning Map. The building official is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage,
approval and publication of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign,
and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City
Clerk is hereby authorized and directed to certify a copy of this ordinance and any agreements or
other documentation authorized and required by the Conditional Zoning Agreement, and record the
same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon
the final passage, approval and publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section Vll. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication in accordance with Iowa Code Chapter 380.
Passed and approved this day of , 2025.
Mayor
Attest:
City Clerk
Approved by
City Attorheo Office
(Eric Bigley—12/23/2024)
Ordinance No.
Page 3
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
Vacant
Harmsen
Moe
Salih
Teague
First Consideration January 7, 2025
Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih
NAYS: None
ABSENT: Teague
Second Consideration January 21, 2025
Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Date published
Prepared by: Rachael Schaefer, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (REZ24-0008)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), Western Home Independent Living Services, Inc. (hereinafter referred to as "Owner').
Whereas, Owner is the legal title holder of approximately 31.65 acres of property located
east of Camp Cardinal Rd and north of Gathering Place Ln, legally described below; and
Whereas, the Owner has requested the rezoning of said property legally described below
from the Medium Density Single -Family Residential with a Planned Development Overlay
(OPD/RS-8) zone to Medium Density Single -Family Residential with a Planned Development
Overlay (OPD/RS-8) zone; and
Whereas, the Comprehensive Plan indicates that the subject area is appropriate for
residential development at a density of 2-8 dwelling units per acre and encourages a mix of
housing types within each neighborhood to provide options for households of all types and people
of all incomes; and
Whereas, the rezoning creates a public need for construction of Camp Cardinal Road to
provide access and traffic calming devices at the intersection of Deer Creek Road and Camp
Cardinal Road to provide the safe street network envisioned in the Comprehensive Plan; and
Whereas, in consideration for approval of angled on -street parking, which the City does
not have a practice of maintaining, the planned development creates a public need to maintain any
such angled on -street parking to ensure the high levels of services envisioned in the
Comprehensive Plan; and
Whereas, the Preliminary Planned Development Overlay and Sensitive Areas
Development Plan proposes to remove the Camille Court right-of-way which creates a need to
final plat prior to the issuance of a building permit; and
Whereas, the rezoning creates a public need to ensure the development of high quality
multi -family housing that is compatible with the mass and scale of the proposed neighborhood,
mostly comprised of small scale single-family homes, by maintaining the standard zoning height
limitations for the first ninety (90) feet measured perpendicularly from the right-of-way for the
Building #103 area; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding construction of Camp Cardinal Road and a traffic circle at the intersection of
Deer Creek Road and Camp Cardinal Road, an agreement between the Owner and the City to
maintain on -street angled parking, approval of a final plat, and maintaining the standard zoning
height limitations for a portion of the Building #103 area, the requested zoning is consistent with
the Comprehensive Plan; and
Whereas, Iowa Code §414.5 (2024) 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 agrees to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. Western Home Independent Living Services, Inc. is the legal title holders of the property
legally described as:
LOTS 1, 2, AND 3 OF WESTERN HOME GPD, PART ONE AS RECORDED IN BOOK
67, PAGE 196 OF THE JOHNSON COUNTY RECORDER'S OFFICE CITY OF IOWA
CITY, JOHNSON COUNTY, IOWA.
DESCRIBED AREA CONTAINS 31.65 ACRES AND IS SUBJECT TO EASEMENTS AND
OTHER RESTRICTIONS OF RECORD.
2. Owner acknowledges that the City wishes to ensure conformance to the principles of the
Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2024)
provides that the City of Iowa City may impose reasonable conditions on granting a
rezoning request, over and above the existing regulations, in order to satisfy public needs
caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all requirements of the Zoning Code,
as well as the following conditions:
a. Prior to issuance of a building permit, Owner shall contribute 50% of the cost of
upgrading Camp Cardinal Road to City standards from Gathering Place Lane to the
future extension of Deer Creek Road in accordance with 15-3-2 of the Iowa City Code.
This contribution shall include 50% of the cost of construction of the traffic circle at the
intersection of Deer Creek Road and Camp Cardinal Road.
b. In the event Owner desires to construct on -street angled parking, contemporaneous
with City approval of construction drawings showing the same, Owner shall execute
an agreement in a form approved by the City Attorney obligating the Owner to maintain
such spaces.
c. Prior to issuance of a building permit, a replat of the Western Home Gpd Subdivision
showing the removal of the Camille Court right-of-way and demonstrating consistency
with the Preliminary OPD and Sensitive Areas Development Plan must be approved.
d. For the area occupied by Building #103, the height increase to forty-five (45) feet shall
only apply beyond the first ninety (90) feet measured perpendicularly from the right-of-
way. Within the first ninety (90) feet from the right-of-way, the maximum building height
shall adhere to the standard zoning height limitations for the designated area.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2024), 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 with title to the land, shall remain in full force and effect as a covenant with title
2
to the land, unless or until released by the City of Iowa City. The parties further
acknowledge that this agreement shall inure to the benefit of and bind all successors,
representatives, and assigns of the parties. 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 Owner's
expense.
Dated this day of , 2025.
City of Iowa City Western Home Independent Living
Services
Bruce Teague, Mayor By:ls�� CEo
Attest:
Kellie Grace, City Clerk
Approved by.
City Attorney's Office
City of Iowa City Acknowledgement:
State of Iowa )
ss:
Johnson County )
This instrument was acknowledged before me on , 2025 by Bruce Teague
and Kellie (`" v Cr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
My commission expires:
3
Western Home Independent Living Services, Inc. Acknowledgement:
State of SDV��t
County of P-AaM 4a\4 A
Thhis. recd rwas acknowledged before me on t)eCCnAb,cr 2029 by
hViS . - t . (name) as C150 (title) of Western Home Independent
Living Services, Inc.
:S avl-
ASHLEY R SWANSON Notary Public in ao for the State of Iowa
_- Commission Number 772219
y� My commission Expires (Stamp or Seal)
IOWk _ March 20, 2027
My commission expires: ao aD`d7
Kellie Grace
From: Danielle Sitzman
Sent: Thursday, January 9, 2025 11:08 AM
To: Kellie Grace
Subject: FW: Request to Collapse 2nd & 3rd Reading - WH GPD IC
Kellie,
Request to combine readings.
Danielle L. Sitzman, AICP
Deputy Director Development Services
City of Iowa City, IA
(319) 356-5252
From: Michael Welch <mwelch@shoemaker-haaland.com>
Sent: Thursday, January 9, 2025 10:22 AM
To: Anne Russett <ARussett@iowa-city.org>; Danielle Sitzman <dsitzman@iowa-city.org>; Parker Walsh <PWalsh@iowa-
city.org>
Cc: Steve Long (steve@salidapartners.com) <steve@salidapartners.com>
Subject: Request to Collapse 2nd & 3rd Reading - WH GPD IC
A
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Hello
On behalf of Western Home, we are requesting expedited action on the current rezoning application,
REZ24-008, at the January 21 st meeting.
Thankyou,
Michael Welch, PE
Private Development Lead
Shoemaker
�7 Haaland
Engineering 13D Scanning I Land Surveying
D: 319.383.7813 1 0:319.351.7150
www.shoemaker-hoaland.com
1
Item Number: 9.f.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
January 21, 2025
Ordinance amending the Iowa City Charter as recommended by the Charter Review
Commission. (First Consideration)
Prepared By:
Reviewed By:
Fiscal Impact:
Staff Recommendation:
Commission Recommendations
Eric Goers, City Attorney
Kellie Grace, City Clerk
None
No recommendation
The Charter Review Commission recommends approval.
Attachments: Report of the 2024-2025 Iowa City Charter Review Commission
Redlined draft of proposed amendments
Clean copy of the Iowa City Charter amended as proposed
Charter Review Commission Members 1973 to present
Ordinance
Executive Summary:
The Iowa City Charter Review Commission was established by the Iowa City Council on
January 2nd, 2024. Created pursuant to Section 8.02 of the Iowa City Charter, the
Commission was charged with "review[ing] the existing charter" and "recommend[ing] any
charter amendments that it deems fit to the council." The Charter Review Commission is
tasked with engaging in a deep and thorough review of the Charter "at least once every ten
years." The Commission had their first meeting on April 1st, 2024, and met a total of 16
times, including two Community Forums to receive community input.
Background / Analysis:
The Commission has recommended changes to all sections of the Charter. Most are non -
substantive, such as changes to capitalization and pronouns. Others are more substantive,
such as requiring "the first legally permissible election date" for elections required by
petitions. The Commission also considered and rejected proposed changes to the election of
District Councilors and the Mayor.
Any change proposed by the Commission and not adopted by Council must be placed on the
ballot for voters to decide. This ordinance adopts all changes proposed.
Report of the 2024-2025 Iowa City
Charter Review Commission
The Commission and the Process. The Iowa City Charter Review Commission was established by the
Iowa City Council on January 2"d, 2024. Created pursuant to Section 8.02 of the Iowa City Charter, the
Commission was charged with "review[ing] the existing charter" and "recommend[ing] any charter
amendments that it deems fit to the council." The Charter Review Commission is tasked with engaging
in a deep and thorough review of the Charter "at least once every ten years."
Commission members were appointed by Council at their February 20th and March 19th meetings. They
include Chair John Balmer, Vice -Chair Molly Kucera, Susan Craig, John Deeth, Gerene Denning,
Mackenzie DeRoo, Matt Hayek, Bijou Maliabo, and Jennifer Patel. The Commission had their first
meeting on April 1", 2024, and met a total of 16 times, including two Community Forums to receive
community input. The Commission decided at their first meeting that they would welcome public
comment and input at all of their meetings and encouraged the public to participate in their work at
every opportunity. All meetings were publicly posted, video recorded, and made available online. A
working draft of the red -lined changes to the Charter the Commission is recommending has been
available on the Commission's webpage throughout the process, tracking the Commission's work,
progress, or tentative positions. The Commission received in -person comments and written
correspondence. The Commission was aided in its work by the invaluable contributions of City Attorney
Eric Goers and City Clerk Kellie Grace. These are two very dedicated individuals who were instrumental
in making the Commission and its mission much easier.
The Report. This Report, the culmination of the Commission's work, is meant to provide a summary
review of the substantive changes recommended by the Commission. It supplements the "red -line"
version of the Charter showing all additions, deletions, and alterations recommended by the
Commission. In addition, the minutes of all Commission meetings are available online, as are the full
videos of all Commission meetings. Finally, the Commission Chair and Vice -Chair intend to make a
formal presentation to the Council regarding the Commission's work and recommendations. They will
make themselves available to assist the Council throughout their review of the Commission's
recommendations.
The Charter is made up of a Preamble, a Definitions section, and eight (8) Articles. This Report will
address each of them in turn, including changes that were considered but ultimately rejected. Much of
this Report will present changes to the Charter proposed by the Commission in exactly that way — as
proposed changes. However, for the sake of brevity, portions of the Report will read as though the
Commission has amended the Charter itself. To be clear, the Commission acknowledges that under
Article Vill. of the Charter, the Commission has no authority to amend the Charter itself. Any and all
changes described herein or in the attached red -lined version of the Charter are simply changes
proposed by the Commission to the Council. It is the prerogative of the Council and/or City voters to
adopt proposed changes. Finally, the Commission has several recommendations not involving changes
to the Charter, but which are instead supportive of a healthy, democratic society. They will be listed at
the end of this Report.
1
Explanations of Recommended Charter Amendments. First, some discussion of whole cloth changes
proposed throughout the Charter. The Commission is recommending capitalization of all proper nouns,
such as the Council, the Charter, District A, the City, and the City Manager. The Commission also
proposes moving away from "he or she" to "they" to be more inclusive. Second, some explanation of
the red -lining in the accompanying Draft Charter. All proposed changes are reflected in red text. e-
t h r at�g4 font represents text the Commission proposes to delete. Underlines] font represents text the
Commission proposes to add. IMF E nstpHce t4+ourgh font represents text the Commission proposed
adding to the Charter, but later reconsidered and deleted.
Preamble
The language in the Preamble was revised in several ways based on the National Civic League's Model
City Charter. The changes were proposed to emphasize representative democracy, environmental
stewardship, inclusivity, and professional management. The portion related to the principle of resident
participation was bolstered with language related to equitable participation in local government, with all
individuals having an opportunity to participate, and with discrimination prohibited under Title 2 of the
City Code not tolerated. The term "strong political leadership" was later replaced with "strong
leadership" to ensure neutrality.
Definitions
The only changes made to the Definitions section relate to capitalization conventions. There was
discussion about whether the terms "eligible elector" and "qualified elector" were both needed. The
conclusion was to retain both definitions because while Iowa City and State Code allow only qualified
electors (registered voters) to vote, eligible electors (those eligible to register to vote) are able to sign
petitions and otherwise engage in the local political process.
Article I: Powers of the City
Section 1.01 was strengthened to state, "The City shall have all powers possible under the constitution
and laws of this state." This was intended to ensure that the City, acting through the Council, have any
and all powers available to it. The Commission considered language from the Model Charter on
Intergovernmental Relations to allow for cooperative ventures with other governments, but found it
unnecessary, given the allowance already granted by State Code.
Article II: City Council
Probably the most significant and robust discussion by the Commission was about two elements of
Article II. The first was the composition, division, and election of District Council positions. The second
was the election of the Mayor.
District Council positions. The Iowa City Council presently consists of seven members, with four at -large
representatives and three district -specific representatives who are elected city-wide but reside in
different geographic districts. When primary elections are needed (if three or more candidates qualify
for election) for a District election, only voters residing in that District are allowed to vote in the primary.
The top two vote -getters advance to the general election in which all City voters may take part. This
system was designed to ensure geographic representation while maintaining City-wide accountability
for all Council members.
Several Commissioners advocated for allowing only voters residing in the District to take part in the
election of District Councilors. They felt only this method of election would make them truly District
Councilors and that this would allow for smaller, less expensive campaigns based on the smaller number
of voters the candidates needed to reach. The remaining Commissioners supported keeping the present
system in place, seeing the risk of parochialism in conflict with City-wide priorities. There was also fear
that given the process by which Mayors are selected, there would be a significant chance that Councilors
could select a Mayor for whom two-thirds of the City never had a chance to vote. These Commissioners
valued the opportunity of all City voters to have a say in the elections of all City Councilors.
There were a number of related topics the Commission discussed, but ultimately rejected. Those
included a discussion about increasing the total number of Councilors, changing the mix of District and
At -Large Council positions, and adding a dedicated Council position for a University of Iowa student.
Each idea had merit, but did not win majority support on the Commission.
Following lengthy discussion over the course of several meetings, the Commission voted 6-3 to retain
the current system, but proposed language in Section 2.01 to acknowledge that District Councilors are
not solely representatives of their Districts, but are instead intended "to ensure City-wide geographic
representation on the Council." The Commission advocated for more voter education about the
method by which Councilors are elected in Iowa City.
Election of the Mayor. The Commission discussed the role of the Mayor, focusing on whether the
Mayor should be elected directly by the public or chosen by the City Council, and the length of the
Mayor's term. At present, the Mayor is elected from among all Councilors by the Councilors themselves
at their organizational meeting immediately after seating new Councilors in January of even years.
Mayoral terms are two years.
Several Commissioners favored direct election of the Mayor, arguing it leant the office more legitimacy.
They further argued having a Mayor directly elected by voters would strengthen the connection
between City government and its residents, increase public interest in City government and
participation in civic affairs, and cause the Mayor to feel more directly accountable to the public,
potentially improving transparency and communication.
3
Commissioners favoring the status quo argued that maintaining the current system creates a stronger
Council by ensuring decisions reflect the position of the Council majority. They believed that a voting
Mayor promotes accountability and equality on the Council and fosters unity and cohesiveness within
the Council, which benefits the City's governance and its staff. They pointed out that Council selection of
the Mayor promotes prior Council experience and diplomacy, and strengthens the Council as a collective
body. They expressed concerns about the potential risks of directly electing a Mayor with no Council
experience or with a strong personal agenda that might disrupt governance. Finally, they noted that
correspondence from former City officials and other public feedback predominantly supported retaining
the existing system. The Commission ultimately voted 6-3 to retain the current system, for the reasons
cited above.
Separately, Section 2.08, Appointments, was amended to add the appointments of the Police Chief and
Fire Chief, moving the language from Section 2.12, Prohibitions. While the language and location
changed, the process by which the Chiefs are appointed did not.
Section 2.12, Prohibitions, was modified as described above, and was amended in substance by adding
the staff of the City Attorney and City Clerk to the protections against Council interference afforded to
the staff of the City Manager. Because the Airport and Library staff are governed by the Airport
Commission and Library Board of Trustees, respectively, not any of the three Council appointees,
language was added to offer the same protection to those staffs by prohibiting interference with any
employee other than the three employed directly by Council. Those are the City Manager, City
Attorney, and City Clerk.
Article III: Nomination, Primary Election, and Regular Election
Only minor, non -substantive changes are proposed in Article III. The Commission discussed moving the
primary date earlier in the election cycle but found that the primary date is set by State Code.
Article IV: City Manager
Several minor, non -substantive changes were made. The only substantive change was to Section
4.04(A)(6), reflecting that the restrictions and obligations imposed on the City Manager by the Charter
come from City Code, not State Code. State Code provisions still apply but require no enabling by the
City Charter to have effect.
Article V: Boards, Commissions, and Committees
Section 5.01(A) was updated to encourage the Council to consider community demographics when
making appointments to ensure boards and commissions reflect Iowa City's diversity. The language
mandates consideration of demographics, not imposition of demographic quotas, as quotas would
offend Constitutional protections. The Commission also was cognizant that the Council can appoint only
4
from the pool of residents who apply. Gender balance was also discussed in light of the recent repeal of
a State law that mandated gender balance on many City boards and commissions.
There was also discussion about the Community Police Review Board. The state of recent bills regarding
police review boards was considered. While bills had been offered in recent years to prohibit police
review boards, none have passed thus far. It is possible similar bills will be presented in the future. If
such a bill were to pass, it is likely that Iowa City's Community Police Review Board would need to be
disbanded. The Commission also weighed the minimum number public forums to be held, deciding to
leave it at "at least one community forum each year."
Article VI: Campaign Contributions and Expenditures
Only minor, non -substantive changes are proposed in Article VI. The $100 contribution limit embedded
in an ordinance enabled by Section 6.01 of the Charter was retained, emphasizing fairness and
transparency in campaign financing.
Article VII: Initiative and Referendum
Section 7.01 was amended to make clear that personnel decisions are not subject to initiative or
referendum petitions. Section 7.05 was updated to align with changes to State Code on election dates,
while preserving the intent of prompt elections on valid petitions. Section 7.05 was also amended to
mirror Council's ability under Section 8.01 to adopt the proposal made in the petition, negating the need
for an election on that issue.
Article Vill: Charter Amendments and Review
Section 8.01 was amended to reference Section 7.05(B), relating to election dates, ensuring consistency
and adaptability to future changes in State election law. Section 8.01 was also amended to allow the
Council to adopt the substance of a Charter amendment petition without having to hold an election.
The language mirrors the substance of Section 7.05 governing initiative and referendum petitions.
Other Recommendations
The Commission discussed concerns with declining local media coverage of City government and City
elections. It was hypothesized that this decline in local coverage has contributed to lower voter
engagement. The Commission proposes that Council promote multi -jurisdictional initiatives to improve
voter turnout, including multi -generational education programs, a task force, multimedia outreach, and
nonpartisan guides such as those provided by Greater Iowa City, Inc. The Commission was also
concerned about declining candidate participation, particularly in District Council elections, which are
often uncontested.
Conclusion
The Iowa City Charter Review Commission appreciated the opportunity to take part in this important
process. Commission members enjoyed the vigorous but respectful debates they held on numerous
issues foundational to the governance of the City. The Charter is essentially the Constitution of the City
of Iowa City, an importance not lost on Commissioners as they weighed possible changes to propose.
While not all decisions made were unanimous, the recommendations as a whole contained in this
Report and accompanying red -lined draft Charter carry the authority of a unanimous vote of the
Commission.
Pursuant to Section 8.02 of the Charter, the Council may adopt all, some, or none of the Commission's
proposed changes. Any changes not adopted must go on the ballot for City voters to decide. Because
the Commission, made up of residents appointed by Council, spent many hours over the course of
months developing these recommendations, with input from the public, the Commission respectfully
asks that the Council adopt the Commission's proposed changes in their entirety.
As a Commission, we thank you for the opportunity to serve, and look forward to your discussion of
these matters. Thank you for your own service on Council.
Respectfully submitted this 17th day of December, 2024.
Iowa City Charter Review Commission
Johrr 13almer, Chairperson
On behalf of Commission Members:
Molly Kucera, Vice -Chair
Susan Craig
John Deeth
Gerene Denning
Mackenzie DeRoo
Matt Hayek
Bijou Maliabo
Jennifer Patel
N.
The fb1-1—o—w—iagis qclean copy of the M2f&ky,-draft of proposed amendments as aft
ZkDecenrher 17, 2024 to the Iowa Ci Charter G the Charter Review Cominission. T-4e
C-&mRg&4G"a:s Pet finalized the
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers 9of Tthe City
§ 1.01. Powers 9of Tthe City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article II. City Council
§ 2.01. Composition.
§ 2.02. Division linto Council Districts.
§ 2.03. Eligibility.
§ 2.04. Terms.
§ 2.05. Compensation.
§ 2.06. Mayor.
§ 2.07. General Powers ;`b! nd Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election .!.a..nd Regular Election
§ 3.01. Nomination.
§ 3.02. Primary Election.
§ 3.03. Regular City Election.
Article IV. City Manager
§ 4.01. Appointment; Qualifications.
Page 1
The fallowing is a_clean copy of the wg449-e-draft ofnroposed amendments os of r
23Decem er 17 2024 to the Iowa City Charter- by the Charter Review Commission. The
--a-endments---resitWecttq
§ 4.02. Accountability; Removal.
§ 4.03. Absence; Disability '• of City Manager.
§ 4.04. Duties o(j#, City Manager.
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions Aand Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions Aand Expenditures
§ 6.01. Limitations Son t-The Amount 9of Campaign Contributions.
§ 6.02. Disclosure 4WContributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative Aand Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement :. Proceedings, Affidavit.
§ 7.03. Petitions; Revocation 94 Signatures.
§ 7.04. Procedure Aafter Filing.
§ 7.05. Action Gqn Petitions.
§ 7.06. Results 9of Election.
§ 7.07. Prohibition Qp_n Establishment 9_Qf Stricter Conditions 0—or Requirements.
Article V1II. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
Page 2
The
following
is_a clean copy of the aye
rr draftro
am n
meats a " �
Z
e ber
7 202 to the Iowa City
Charter bz the
Charter R v-
Commission. -:94e
1 1. The home rule cCharter of the c-City, adopted by the voters of the eCity on
November 15, 1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A.
section 372.9, is set out herein as adopted and amended.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the sState of
Iowa and the principle of self-determination, proclaim that the government of Iowa City
belongs to all its residents and all share the responsibility for it. We hereby adopt this
cCharter and confer upon it the full home rule powers of a charter city in order- to Provide
for an honest and account ble council -mans er ove a t. By this action, we secure the
benefits of home rule and affirm the values of representative democracy, professional
a nagement . tron Ieadershi p, p u61ic jengagement diversi ty and inclusiveness
regional cooperation. and fi F sa Fid effe E4Ye stewardship of our unic{ue environment.
Furthermore adoptio n of this Charter reco nines the following principles:
1. Resident participation on an equitable and inclusive basis as part of the process- of i-a
democratic self-government.
a. Each individual shall have an -opportunity to participate in the life of the City,
including ecgrIgmic. cultural and intellectual.
b. Discrimination rohibited b 'Title 2 of the City Code shall naLtLe tole ated.
2. The provision of service relating to the health, safety, and welfare of its residents in
a fair, equitable and efficient manner.
3. The conduct of ECity business inconformity with the principles pEEREiga6 and
practices of due process, equal protection under the laws, and protection o fthesei nd ivi d ua I
liberties prote 4ed rante by the eConstitution of the United States, b Lthe state of Iowa,
and by local ordinances.
4. Civility and responsiveness by cCity employees in their interactions with the public.
(Ord. 15-4621, 5-19-2015)
DEFINITIONS
As used in this cCharter:
1. "City" means the ci'ity of Iowa City, Iowa.
Page 3
The fQI191kiLiQ
is a clean =V of the..s, ^
draft
of
proposed amendments as ofp er
2SDecemher
17 202. 4_to_ the Iowa City
Charter �v
the
Charter Review Cam mission,
Comm_ircir..-.
hnn ..
�SJIVTITIITSR
2. "City eCouncil" or "eCouncil" means the governing body of the eCity.
3. "Council -member" means a member of the eCouncil, including the mMayor.
4. "Shall" imposes a duty.
S. "Must" states a requirement.
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
9. "Board" includes aboard, commission, committee or other similar entity however
designated.
10. "Person" means an individual, firm, partnership, corporation, company, association,
political party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature.
12. "Measure", except as provided in aArticle VII, means an ordinance, amendment,
resolution or motion. (Ord. 76-2792, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-
4152, 3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers Oof Tthe CLty.
The c-City #a-s�-shall have all powers possible under the constitution and laws of this state.
(Ord. 76-2792, 1-2-1976)
Section 1.02. Construction.
The grant of power to the -City under this eCharter is intended to be broad; the mention of
a specific power in this 'Charter is not intended to be a limitation on the general powers
conferred in this article. (Ord. 76-2792, 1-2-1976)
Section 1.01 Savings Clause.
Page 4
The following is o clean copy of
the y
dro �t of
pMpsed
amendments as of n
gDecem,ber 17. 2024 to the Iowa
City
Chaaer hk th�arter
Review Commission. the
If any provision of this eCharter, or the application of this eCharter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications
of this eCharter. (Ord. 76-2792, 1-2-1976)
ARTICLE IL CITY COUNCIL
Section 2.01. Composition.
The eCity eCouncil consists of seven members. As provided in aArticle Ill, four, to be known
as eCouncilmembers at --la rge, are to be nominated by eligible electors of the eCity at, -large,
and three, to be known as district eCouncil members, are to be nominated by eligible
electors of their respective districts. The purpose of district_ divisions is to ensure City-wide
ge graphic representation on the Council. All eCouncil-members shall be elected by the
qualified electors of the eCity at -large. (Ord. 85-3273,12-17-1985)
Section 2.02. Division Into Council Districts.
The eCouncil, by ordinance, shall divide the eCity into three eCouncil districts of
substantially equal population. These districts are to be designated as eCouncil 4District A,
eCouncil dDistrict B, and eCouncil dDistrict C. (Ord. 76-2792,1-2-1976)
,kaign 2.Q3. Eligibility
To be eligible to be elected to and to retain a eCouncil position, a person must be an eligible
elector of Iowa City, and if seeking or elected to represent a eCouncil district, must be an
eligible elector of that &Council district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this eCharter, all seven eCouncil-members are to be elected; the
eCouncil member From cCouncil dDistrict A, eCouncil dDistrict C, and the two eCouncil
members at --large who receive the greatest number of votes cast for eCouncilmember at_
large are to serve for terms of four years, and other eCouncil members are to serve for
terms of two years. Commencing at the next regular cCity election, and at all subsequent
regular eCity elections, all eCouncil-members elected to fill the positions of those whose
terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Page 5
The flowing is a clean c�y�f dhg��dra a ro used amendments s of
24December I7 2024 to the Iowa Citv Charter by the barter Review Commission. PM
S-es:bon 2.05. Compensation.
The eCouncil, by ordinance, shall prescribe the compensation of the mMayor and the other
eCouncil members. The eCouncil shall not adopt such an ordinance during the months of
November and December immediately following a regular eCity election. (Ord. 05-4152, 3-
1-2005)
Section 2.06. Mavor.
A. Immediately following the beginning of the terms of cCouncilmembers elected at the
regular eCity election, the eCouncil shall meet and elect from among its members the
mMayor and mMayor p.Ero tTem for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The mMayor is a voting member of the eCouncil, the official representative of the
eCity, presiding officer of the eCouncil and its policy spokesperson. The +iWayor may add
items to the eCity eCouncil agenda. The mMayor shall present to the eCity no later than
February 28 an annual s5tate of the eCity message. (Ord. 15-4621, 5-19-2015)
C. The mMayor pEro tTem shall act as fRMayor during the absence of the FffMayor. (Ord.
85-3227, 3-12-1985)
Section 2.07. General Powers Aand Duties.
All powers of the eCity are vested in the eCouncil, except as otherwise provided by state
law or this 'Charter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The eCouncil shall appoint the c-CityfalManager.
B. The J.ouncil shall appoint the eCityeClerk. (Ord. 85-3227, 3-12-1985)
C. The eCouncil shall appoint the eCity. ,a/attorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager-sballi t the ChJeLQ—f tLe Po ice De artment and the Chief of the
Fire Department. subject to approval of the WCouncil.
PE. The eCouncil shall appoint all members of the eCity's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
FF. The eCouncil shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other eCity employees. All appointments
and promotions of c-City employees by-eit, c-auns4 and eity Manag -!� must be made
Page 6
The tMowing is rclean copy of the " droft of proposed amendments as ofAla�e-r-
24 De_cemher 17, 2024 to the Iowa_ City l hurter Icy the Charter Review Corr; m issin 11.
according to job -related criteria and be consistent with nondiscriminatory and equal
employment opportunity standards established pursuant to law. (Ord. 95-3671, 3-28-
1995)
Section 2.09.-Rules; Records.
The c-Council may determine its own rules and shall maintain records of its proceedings
consistent with state law. (Ord. 76-2792, 1-2-1976)
Section 2.10. Vacancies.
The ,�._ouncil shall fill a vacancy occurring in an elective eCity office as provided by state
law. (Ord. 76-2792, 1-2-1976)
Section 2.11. Council Action.
Passage of an ordinance, amendment or resolution requires a majority vote of all the
members of the ouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1-
2005)
Section 2.12. Prohibitions.
A. A cCouncil.member may not hold any other e0ty office or be a e0ty employee or
elected county official while serving on the c-Council nor hold any remunerated cCity office
or employment for at least one year after leaving the c-Council. (Ord. 76-2792, 1-2-1976)
With Elie n o[th n a p po 4n+e r oL the chief G nt -inorisi
of th e Fire-dijnL-Wt eAt, .i4:whF0VR1 9f the CA 6 0 U R it ..n: ..r �L i
�r.r itT n
+�nezi rated by
fhe Gih'n •.+,...-.e 13�v.•zyep _Flhe r_ouncil ;nay evnr ess its views to the rites
r , � r�s-rti�T
n4a nag en n r•taip i ng to t�rt Film enF n al of Ti ee-4&Fd. 0'Tr52,3T
,3� With the excentinn t7f att� Hers ra�•ovi�ied in SeoCion 2.Ut3, a Council member m�iy not
dictate, in any manner, the appointment or removal of any City ern olovee. However, the
Cotlnc_11 may express its views to th e a fq _ - Pe _- _to th e a tTnent_
-eg+ioy l @f sLigh gajpjg &e pertaining to the appointment or removal of such employee to
the Council annointee under wham the ernniovee works.ICity Mana=_ser. City Attornev. Citv
Clerk).
Page 7
h e fb11_owLi2g jj a l n cogy m e raft Q,fproposed amendments as of
,ZgDacember 17. 2024 to the Iowa City Charter by the Charter Review Commission. Ue
C. °1 rmay Fiat interfere wit4 the supeiwisien OF dir-ection of any persion
A Council
member may not _interfere with the supervision or direction of any City employee other
than the City Manager. Cit�i Attorney. or City Clerk.
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
Section 3,01__Nomination.
A. An eligible elector of a &Council district may become a candidate for a &Council district
seat by filing with the Johnson County &Commissioner of eElections a valid petition
requesting that his er their name be placed on the ballot for that office. Unless
otherwise provided by state law, the petition must be filed not more than eighty-five (85)
days nor kL fewer- than sixty-eight (68) days before the date of the election. Unless
otherwise provided by state law, the petition must be signed by eligible electors from the
candidate's district equal in number to at least two (2) percent of those who voted to fill
the same office at the last regular &City election, but not l ewer than ten (10) persons.
B. An eligible elector of the sCity may become a candidate for an at -large &Council seat by
filing with the Johnson County &Commissioner of eElections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor l—s-'- fewer than
sixty-eight (68) days before the date of the election. Unless otherwise provided by state
law, the petition must be signed by eligible electors equal in number to at least two (2)
percent of those who voted to fill the same office at the last regular &City election, but not
!tom fewer than ten (10) persons. (Ord. 15-4621, 5-19-2015)
Section 3.02. Primary Election.
A. If there are more than two candidates for a eCouncil district seat, a primary election
must be held for that seat with only the qualified electors of that &Council district eligible to
vote. The names of the two candidates who receive the highest number of votes in the
primary election are to be placed on the ballot for the regular &City election as candidates
for that e! ouncil seat. (Ord. 05-4152, 3-1-2005)
B. If there are more than twice as many candidates as there are at large positions to be
filled, there shall be a primary election held unless the sCouncil, by ordinance, chooses to
have a run -off -election. (Ord. 85-3227, 3-12-1985)
Page 8
The following is a clean caj2v of they dra a rn sed mendrnettts us o X9embie�
246ecember 17. 2024 to the Iowa City Charter b_v the Charter Review Cam mission_ -The
ifs lYf et lhxx f.At ��f� fhA 1 gund !Big tart' n. tom ndm
. f
Section 3.03. ReZular City Election.
A. In the regular eCity election, each eCouncil district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that eCouncil
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the eCity shall be entitled to vote for each candidate. The three ECouncil district
seats shall be designated on the ballot as ECouncil 4District A, £Council dDistrict B and
eCouncil district C and each shall be elected at --large.
B. The at_ large eCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
ARTICLE IV. CITY MANAGER
Section 4.01: Appointment_Qualifications.
In appointing a ECity fManager, the ECouncil shall consider only the qualifications and
fitness of the person without regard to political or other affiliation. During his ;;r- her their
tenure the eCity Manager shall reside within the eCity. (Ord. 76-2792, 1-2-1976)
Section 4.02. AccountabiliUm Removal.
A. The eCity A:Nanager is under the direction and supervision of the eCouncil and holds
office at its pleasure. A eCity mManager removed by the eCouncil is entitled to receive
termination pay as provided by contract. (Ord.15-4621, 5-19-2015)
B. Upon the resignation or removal of the ECity mManager, the eCouncil shall appoint an
individual qualified to perform the duties of eCity mManager to serve at the pleasure of
ECouncil or until a eCity wManager is appointed. (Ord. 76-2792, 1-2-1976)
Section4.03.Absence;Disabili OoFCity Manage_r.
Thee City mManager may designate a qualified eCity employee as acting ECity Managerto
perform h«n��their duties during a temporary absence or disability. If the ECity
mManager does not make such a designation, the ECouncil shall appoint a qualified sCity
employee to perform the duties of the eCity mManager until m-&p4re-they return&. (Ord.
76-2792, 1-2-1976)
Page 9
The followintg
is a clean copy of the mffhEk6RII-draft
ofproposed amendments as ofNoveR4w
231]ecember
17. 2024 to the Iowa City
Charter 6X
the Charter Review Commission. The
4 4r. r
r.l and aU
.,ton..r�.� al nnrf., r. anti• nrn il ir.f t
chanae—
Section 4.84. Duties 9of City Manager.
A. The ECity mManager shall be chief administrative officer of the ECity and shall;
{1.) ' Ensure that the laws of the ECity are executed and enforced.
{2.1 Supervise and direct the administration of ECity government and the official
conduct of employees of the ECity appointed by the ECity fff Manager including their
employment, training, reclassification, suspension, or discharge as the occasion requires,
subject to state law.
(3,) Appoint the sChief of the pEolice dDepartment and the EChief of the !:Fire
dDepartment with the approval of the eCity £Council.
{4,} Supervise the EChief of the pPolice dDepartment and eChief of the #Fire
dDepartment, including their suspension or discharge as the occasion requires. Such
supervision shall not be subject to approval of the ECity eCouncil.
{5J Appoint or employ persons to occupy positions for which no other method of
appointment is provided by state law or this c-Charter.
{6J Supervise the administration of the eCity personnel system, including the
determination of the compensation of all sCity employees appointed by the ECity
Manager subject to sEate law this Code. or this eCharter.
{7J Supervise the performance of all contracts for work to be done for the sCity,
supervise all purchases of materials and supplies, and assure that such materials and
supplies are received and are of specified quality and character.
{8.1 Supervise and manage all public improvements, works and undertakings of the
ECity, and all ECity-owned property including buildings, plants, systems, and enterprises,
and have charge of their construction, improvement, repair, and maintenance except where
otherwise provided by state law.
{9.1 Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the ECity.
{10.1 Provide for the issuance and revocation of licenses and permits authorized by
state law or eCity ordinance and cause a record thereof to be maintained.
{11.1 Prepare and submit to the ECouncil the annual budgets in the form prescribed
by state law.
{12.) Provide the ECouncil an itemized written monthly financial report.
{13.) Attend -Council meetings and keep the ECouncil fully advised of the financial
and other conditions of the ECity and its needs.
Page 10
The f9lLowiag
is a cLean
copy of the
draft
ofproposed
omendmnts U af•nr
2-5De e er
17. ZQ
the 16wg Citv
Chap -ter by
the
h
rt L- Review Comm issi n.
L,-q-m-..irri6R har_
r
ait
a
Rti
.. .. NtSo.-L2:5 H1.:..6
�vrmi-zr.�cnv_rrrrgTzvc�sr
ot.Anal
ed.the esGI
and
(14.4 See that the business affairs of the eCity are transacted in an efficient manner
and that accurate records of all City business are maintained and made available to the
public, except as otherwise provided by state law.
f15.4 Provide necessary and reasonable clerical, research, and professional
assistance to boards within limitations of the budget.
{16_} Perform such other and further duties as the eCouncil may direct. (Ord. 05-
4152, 3-1-2005)
8, The eCity FRManager, in performing the foregoing duties, may:
f l.) Present recommendations and programs to the eCouncil and participate in any
discussion by the eCouncil of any matters pertaining to the duties of the <ity mManager,
{2,} Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the eCity =�: _ianager.
f 3,4 Execute contracts on behalf of the f'ity when authorized by the eCouncil. (Ord.
85-3227, 3-12-1985)
Section 4.05. Ineligibility: Prohibited Acts.
Except for the exercise of the right to vote, the eCity mManager shall not take part in any
election ofeCouncil-members. This prohibition shall in no way limit the eCitymManager's
duty to make available public records as provided by state law or this eCharter. (Ord. 76-
2792, 1-2-1976)
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
A. With the exception of the eCommunity pPolice eReview 13Board, the eCouncil may
establish boards in addition to those required by state law and shall specify the title, duties,
length of term, qualifications of members and other appropriate matters. The Council shall
consider the available demo ra hics of board and commission members and applicants in
making t#mi+a1pointments in an effort to make aP-paintments reflective of the community.
The ECouncil may reduce or increase a board's duties, transfer duties from one board to
another or dissolve any board, except as otherwise provided by state law or this eCharter.
B. There shall be a permanent eCommunity pPolice r-Review bBoard, which shall have
vested in it the following minimum powers:
Page 11
T e c d4r & oprop-oed amendments as of
24December 17, 2024 to the Iowa City Charterby the Charter Review Commission.
Gemmk,&ien has not ized the nreaesal and nll .,r.�..,�;,.r •.me..dw....ii.. nrre.:ii.:.�.-f Fn
1. To hold at least one community forum each year for the purpose of hearing views on
the policies, practices, and procedures of the Iowa City -p oIice 4D.epartment; and
2. To make recommendations regarding such policies, practices, and procedures to the
eCity eCouncil; and
3. To investigate claims of misconduct by sworn police officers and to issue
independent reports of its findings to the eCity eCouncil; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
Section 5.02. Anointment, Removal.
The eCouncil shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The eCouncil shall establish procedures to give at least thirty
days' notice of vacancies before they are filled and shall encourage applications by
residents. Council procedures for the removal of members shall be consistent with state
law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Section 5.03. Rules
A. The eCouncil shall establish rules and procedures for the operation of all boards,
which must include but are not limited to, the adoption of by-laws and rules pertaining to
open meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The C.ouncil shall specify, for each board, methods for informal and formal
communication with .Council, time schedules for the completion of reports requested by
eCouncil and such rules as it deems appropriate.
C. A board may establish additional rules and procedures that are consistent with state
law, eCouncil rules, and this ter. :barter. (Ord. 76-2792,1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section .01. Limitations Son Tthe Amount Gof Campaign Contributions.
The eCouncil, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to eCouncil by a person as defined in this
c-Charter. (Ord. 95-3671, 3-28-1995)
Page 12
The folloWigg
is a clean oopy
ofthe mTEk
: draft
of
proposed amendments as of" �
2256ecembgr
17, 2024 to the
Iowa City
Charter by
the
Charter Review Commission_ 1#e
Mona
.
Section 6.02. Disclosure aof Contributions Aand Expenditures.
The cCouncil, by ordinance, may prescribe procedures requiring the disclosure of the
amount, source and kind of contributions received and expenditures made by (1) each
candidate for election to eCouncil and (2) any and all other persons, for the purpose of
aiding or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005)
Section 6.03. Definition.
Within this article "contribution" shall be defined as that term is defined in chapter 68A
("campaign finance") of the ECode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5
19-2015)
Section 6.04. Violations.
The eCouncil, by ordinance, shall prescribe: (1) penalties for the violation of the
contribution limitations and disclosure requirements it establishes pursuant to this
sSection; and (2) when appropriate, conditions for the revocation of a candidate's right to
serve on eCouncil if elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
(1,) Initiative. The eligible electors have the right to propose measures to the
eCouncil and, if the eCouncil fails to adopt a measure so proposed without any change in
substance, to have the measure submitted to the voters at an election.
f2.1 Referendum. The eligible electors have the right to require reconsideration by
the eCouncil of an existing measure and, if the eCouncil fails to repeal such measure, to have
it submitted to the voters at an election.
f3.1 Definition. Within this article, "measure" means all ordinances, amendments,
resolutions or motions of a legislative nature, however designated, which (a) are of a
permanent rather than temporary character and (b) include a proposition enacting,
amending or repealing a new or existing law, policy or plan, as opposed to one providing
for the execution or administration of a law, policy or plan already enacted by eCouncil.
B. Limitations.
Page 13
The ollowiU is a clean cv of the dr—a t_❑ ronased amendments as o(X
24December 17, 2024 to the Iowa_ City Charter by the Charter Review Commission. The
t
{1,} Subject Matter. The right of initiative and referendum shall not extend to any of
the following:
{a,} Any measure of an executive or administrative nature, including, but not
limited to, personnel decisions.
4b,1 The eCity budget.
{c_} The appropriation of money.
{d_} The levy of taxes or special assessments.
{e_) The issuance of general obligation and revenue bonds.
{f_3 The letting of contracts.
{gJ Salaries of £City employees.
{h,} Any measure required to be enacted by state or federal law.
{i_) Amendments to this �2t-barter.
U.1 Amendments affecting the eCity zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
(k_1 Public improvements subsequent to cCity eCouncil action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
improvement, whichever occurs earlier. "Public improvement" shall mean any building or
construction work.
{2_} Resubmission. No initiative or referendum petition shall be filed within two
years after the same measure or a measure substantially the same has been submitted to
the voters at an election.
f3,1 Council Repeal, Amendment Aand Reenactment. No measure proposed by
initiative petition and adopted by the vote of the eCouncil without submission to the voters,
or adopted by the voters pursuant to this article, may for two years thereafter be repealed
or amended except by a vote of the people, unless provision is otherwise made in the
original initiative measure. No measure referred by referendum petition and repealed by
the vote of the eCouncil without submission to the voters, or repealed by the voters
pursuant to this article, may be reenacted for two years thereafter except by vote of the
people, unless provision is otherwise made in the original referendum petition.
C. Construction.
{1,} Scope 9gf Power. It is intended that this article confer broad initiative and
referendum powers upon the eligible electors of the eCity.
Page 14
The followin or is a clean copy pf the di' _ ofnropased amendments asaQf
24December 17 2024 to the Iowa City Charter t the Charter Review Commission. T4e
�2,1 Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing measure in whole or in part by virtue of proposing a new measure and
(b) an initiative petition may amend an existing measure.
J3.1 Referendum. It is intended that a referendum petition may repeal a measure in
whole or in part.
D. Effect 9Qf Filing Petition. The filing of an initiative or referendum petition does not
suspend or invalidate any measure under consideration. Such measure shall remain in full
force and effect until its amendment or repeal by eCouncil pursuant to -,Section 7.05A or
until a majority of the qualified electors voting on a measure vote to repeal or amend the
measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure
in whole or in part does not affect any obligations entered into by the eCity, its agencies or
any person in reliance on the measure during the time it was in effect. (Ord.15-4621, 5-19-
2015)
Section 7.02. Commencement Oof Proceed in s- Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the eCity
sClerk an affidavit stating they will supervise the circulation of the petition and will be
responsible for filing it in proper form, stating their names and addresses and specifying
the address to which all relevant notices are to be sent, and setting out in full the proposed
initiative measure or citing the measure sought to be reconsidered.
S. Affidavit. The c-City i�(:lerk shall accept the affidavit for Fling if on its face it appears to
have signatures of one or more qualified electors. The c-City eClerk shall issue the
appropriate petition forms to the petitioners the same day the affidavit is accepted for
filing. The eCity eClerk shall cause to be prepared and have available to the public, forms
and affidavits suitable for the commencement of proceedings and the preparation of
initiative and referendum petitions. (Ord. 05-4152, 3-1-2005)
ecti 7.-03. Petition5w Revocation Qgf Signatures.
A. Number Oof Signatures. Initiative and referendum petitions must be signed by eligible
electors equal in number to at least ten percent (10%) of the number of persons who voted
Page 15
The Lollowiag is a c can copy the ra t o r nts asQf
25December 17. 2024 to the Iowa Gtv Charter by the Charter Review Commission. T4-iLe
[. h . 9i-Qt .H/s1 F9d the -DFo ,99W and allivlla A6q! eTYvfifl dMeF?U GM SjY iQC4 r
in the last regular eCity election, but such signatures of eligible electors shall be no fewer
than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election]
B. Form ?nd Content. All papers of a petition prepared for filing must be substantially
uniform in size and style and must be assembled as one instrument. Each person signing
shall provide, and the petition form shall provide space for, the signature, printed name,
address of the person signing and the date the signature is executed. Petitions prepared for
circulation must contain or have attached thereto throughout their circulation the full text
of the measure proposed or sought to be reconsidered. The petition filed with the eCity
-�z(,'lerk need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit '�of Circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by an eligible elector certifying: the number
of signatures on the paper, that t e elector personally circulated it, that all
signatures were affixed in the elector's presence, that he 9 r A e th ey the
elector believers them to be genuine signatures of the persons whose names they purport
to be and that each signer had an opportunity before signing to read the full text of the
measure proposed or sought to be reconsidered. Any person filing a false affidavit will be
liable to criminal penalties as provided by state law.
D. Time '"or Filing Initiative Petitions. Signatures on an initiative petition must be
secured and the petition filed within six months after the date the affidavit required under
sSection 7.02A was filed.
E. Time Ffor Filing Referendum Petitions. Referendum petitions may be filed within sixty
days after final adoption by the c-Council of the measure sought to be reconsidered, or
subsequently at any time more than two years after such final adoption. The signatures on
a referendum petition must be secured during the sixty days after such final adoption;
however, if the petition is filed more than two years after final adoption, the signatures
must be secured within six months after the date the affidavit required under sSection
7.02A was filed.
F. Revocation Oaf Signature. Prior to the time a petition is filed with the eCity cClerk, a
signatory may revoke ; is a r- her -their signature for any reason by filing with the eCity
e0erk a statement of his E)r--her-their intent to revoke hiG OF heF-thetsignature. After a
petition is filed a signatory may not revoke h'rtheir signature. The eCity cClerk shall
cause to be prepared and have available to the public, forms suitable for the revocation of
petition signatures. (Ord. 15-4621, 5-19-2015)
Section 7.04. Procedure Aafter Filing.
Page 16
The foliQwina is a clean copv nfthe "2 droUf proposed_amendments as of*! e�
2gDecernher 17. 2024 to the Iowa City Charter by tf�e Charter Review Cammrssian_ The
mm inr ir.n har rant P G I r-..,-r rd.n7pj* Wesr.l .. .•. rl 71 .-, 1. e•..,, t:.r7 r, ..fr .. t:u
A. Validity 9af Aa Petition. A petition is valid if it contains the minimum required
signatures by eligible electors in the required form and with the required content and
accompanied by the affidavit of circulator as set forth in sSection 7.03. The petition shall be
examined by the eCity eClerk before it is accepted for filing. If the petition appears valid on
its face it shall be accepted for filing. If it lacks the required number of signatures it shall be
considered invalid and returned to the petitioners. Petitions which have been accepted for
filing are valid unless written objections are filed with the eCity eClerk within five working
days after the petition is received.
B. Hearing Bon Objections; Objections Committee. Written objections timely filed with
the eCity eClerk shall be considered by an objections committee made up of the FaMayor
and eCity eClerk and one member of the eCouncil chosen by the eCouncil by ballot, and a
majority decision shall be final. The hearing on the objections shall be held within ten days
of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the eObjections
c-Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015)
Section 7.05. Action Son Petitions.
A. Action Rby Council. When an initiative or referendum petition has been determined
valid, the eCouncil shall promptly consider the proposed initiative measure or reconsider
the referred measure. If the eCouncil fails to adopt a proposed initiative measure and fails
to adopt a measure which is similar in substance within sixty days, or if the eCouncil fails to
repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified electors
of the eCity as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the Council adopts the proposed initiative
measure or adopts a measure which is similar in substance or if the eCouncil repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission Tto Voters.
_(1_} Initiative. If required by this section. Tthe vote of the eCity on a proposed
measure shall be held at the regal ai-sty election ^ at "'11901 MIA
_first le ally uermissible election date more than forty days after the expiration of
the sixty day period provided for consideration in s5ection 7.05A, provided that the
initiative petition was filed no k ewer than 80 days prior to the deadline imposed by
state law for the submission of ballot questions to the c-Commissioner of eElections.
_(2_-J4 RefGre11dUM. If required by this section Tthe vote of the eCity on a referred
measure shall be held at the i-egulaF CitE p' e!E-66^^ ^F a the -eRe a1 I-1-ei^^ ••I'"r�' - ^ k
ems -first Ie ally permissible election date more than forty days after the expiration of
Page 17
T e vllowin is a -clean copy of the raft ofprUosed amendments as o
25December 17 202¢ to the Iowa Citv Charter by the Charter Review Commission
r„
the thirty day period provided for reconsideration in sSection 7.05A, provided that the
referendum petition was filed no k-.-sfewer than 50 days prior to the deadline imposed by
state law for the submission of ballot questions to the c-Commissioner ofeElections. The
eCouncil may provide for a special referendum election on a referred measure any time
more than 120 days after the filing of the referendum petition with the eCity eClerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the eCity's expense in the manner
required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose
of the referred or proposed measure shall be indicated on the ballot. (Ord.15-4621, 5-19-
2015)
Section .06. Results Oof Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
measure vote in its favor, it shall be considered adopted upon certification of the election
results. The adopted measure shall be treated in all respects in the same manner as
measures of the same kind adopted by the FCouncil, except as provided in sSection
7.01B(3). If conflicting measures are approved by majority vote at the same election, the
one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote
in favor of repealing the measure, it shall be considered repealed upon certification of the
election results. (Ord. 15-4621, 5-19-2015)
Section 7.07. Prohibition Son Establishment 8of Stricter Conditions for Requirements
The c-Council shall not set, except by eCharter amendment, conditions or requirements
affecting initiative and referendum. (Ord. 15-4621, 5-19-2015)
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This eCharter may be amended only by one of the following methods:
A. The c-Council, by resolution, may submit a proposed amendment to the voters at the
trst legally permissible election date consistent with Section 7.05[B) of this Chartera
Page 18
The following LF a clean capy.oFthe �deft a£p�r�osed nmericJmerits crs of �-
2-5December 17 2024 to the lowa City Charter by the Charter Review Commission. Ae
—'and Gtl
oatenr4a! amendments oresubiect to
c^eeial eizy ^'^C-r1^FIL and the proposed amendment becomes effective when approved by a
r-- - - v - --- - •+
majority of those voting.
B. The eCouncil, by ordinance, may amend the eCharter. However, within thirty (30) days
of publication of the ordinance, if a petition valid under the provisions of section 362.4 of
the -cCode of Iowa is filed with the eCouncil, the eCouncil must submit the amending
ordinance to the voters at the First legally permissible election date consistent with Section
7_ns rrfi of this Chartera spec-ial. ei— - -'ect' .,and the amendment does not become effective
until approved by a majority of those voting.
C. Petitions.
1. Action by Council. If a petition valid under the provisions of section 362.4 of the
eCode of Iowa is filed with the eCouncil proposing an amendment to the eCharter, the
Council shall prgInptly c ns' er the r os d ndment, if the Council fails to adopt a
proposed aMend men t which is similar in substance within sixty days. it shall submit the
proposedamendment to the q uaIified electors ❑f the C i ty as he rei nafte r p rescri bed. I Fat
any time more than thirty-d-Ays before the sch ed u led election the Counci,Iadoptsaa
proposed amendment which is similar in substance, the amendment proceedings shall
terminate and the proposed amendment shall not be submitted to the voters.
2_Amendment. if required by this section, the vote of the City on the proposed
amendment shall be held
at the first IegaIIy_permiss l�le elertian_date co��sistent with Section � � 8.01(Clf 11 of
this Chartera speciai city election, and the amendment becomes effective if approved by a
majority of those voting. (Ord. 05-4152, 3-1-2005)
13. Ballot. Copies of the proposed amendment shall be made available to the
qualified electors at the polls and shall be advertised at the City's expense in the manner
req wired for "q uest•ons" ii section a7 6.5 ❑f the to a Corte. The subject matter and p ur ose
of the proposed amendment shall be indicated on the ballot
Section 8.02. Charter Review Commission.
The eCouncil, using the procedures prescribed in aArticle V, shall establish a t-Charter
(Review ECommission at least once every ten years following the effective date of this
eCharter. The ECommission, consisting of at least nine members, shall review the existing
eCharter and may, within twelve months recommend any eCharter amendments that it
deems fit to the eCouncil. The eCouncil shall either exercise its power of amendment
pursuant to eSection 8.01E of the eCharter on a matter recommended by the ECommission
or submit such amendments to the voters in the form prescribed by the eCommission, and
an amendment becomes effective when approved by a majority of those voting. (Ord. 05-
4152, 3-1-2005)
Page 19
The follawin o is a clean r of the dra t ofprogased arnendm nts as o
2-SDecember 17, 2024 to the Iowa City Charter by the Charter Review Commission. -Te
CHARTER COMPARATIVE TABLE
The hHome r-Rule c-Charter is set out in this volume as adopted by the voters on November
15,1973, and by ordinance 76-2792, on January 2, 1976. The following table shows the
disposition of amendments to the c(.:harter:
Ordinance Date Disposition
Number
77-2826
3-15-
6.01
1977
77-2858
9-6-
7.0513
1977
77-2864
9-6-
3.01
1977
85-3227
3-12-
Definitions 7,8, 2.01, 2.03, 2.05 - 2.08, 3.01- 3.03, 4.04, 5.02,
1985
6.04, 7.01- 7.05, 8.01, 8.02
85-3228
3-12-
6.02
1985
85-3273
12-17-
2.01
1985
90-3462
6-26-
7.03A, 7.04A
1990
95-3671
3-28-
2.06B, 2.08C,E, 3.01A, 6.01, 7.04D
1995
Page 20
The Followina is a clean cqp
v of the draft ofnro used amendments as o "
4L)eceniher I7,-ZQ 4 to t
e Iowa City Charter 6y the Charter Review Commission.
05-4152
3-1-
Definitions 11,12, 2.03, 2.05, 2.11, 2.1213, 3.01A, 3.02A, 4.04A,
2005
5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C,
7.05, 7.06, 8.01, 8.02
Res.07-262
8-31-
5.01
2007
15-4621
5-19-
Preamble, 2.06B, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015
7.05, 7.06, 7.07
Petition
11-
7.03A
2016
Page 21
The following is a clean copy of the Iowa City Charter amended as proposed.
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers of the City
§ 1.01. Powers of the City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article II. City Council
§ 2.01. Composition.
§ 2.02. Division into Council Districts.
§ 2.03. EIigibility.
§ 2.04. Terms.
§ 2.05. Compensation.
§ 2.06. Mayor.
§ 2.07. General Powers and Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election and Regular Election
§ 3.01. Nomination.
§ 3.02. Primary Election.
§ 3.03. Regular City Election.
Article IV. City Manager
§ 4.01. Appointment; Qualifications.
§ 4.02. Accountability; Removal.
§ 4.03. Absence; Disability of City Manager.
Page 1
The following is a clean copy of the Iowa City Charter amended as proposed.
§ 4.04. Duties of City Manager.
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions and Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions and Expenditures
§ 6.01. Limitations on the Amount of Campaign Contributions.
§ 6.02. Disclosure of Contributions and Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative and Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement of Proceedings, Affidavit.
§ 7.03. Petitions; Revocation of Signatures.
§ 7.04. Procedure after Filing.
§ 7.05. Action on Petitions. ^
§ 7.06. Results of Election.
§ 7.07. Prohibition on Establishment of Stricter Conditions or Requirements.
Article VIII. Charter Amendments and Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1 1. The home rule Charter of the City, adopted by the voters of the City on November
15,1973, and by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A. section
372.9, is set out herein as adopted and amended.
Page 2
The following is a clean copy of the Iowa City Charter amended as proposed.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the State of
Iowa and the principle of self-determination, proclaim that the government of Iowa City
belongs to all its residents and all share the responsibility for it. We hereby adopt this
Charter and confer upon it the full home rule powers of a charter city in order to provide
for an honest and accountable council-manager government. By this action, we secure the
benefits of home rule and affirm the values of representative democracy, professional
management, strong leadership, public engagement, diversity and inclusiveness, regional
cooperation, and stewardship of our unique environment. Furthermore, adoption of this
Charter recognizes the following principles:
1. Resident participation on an equitable and inclusive basis as part of the process of
democratic self-government.
a. Each individual shall have an opportunity to participate in the life of the City,
including economic, cultural and intellectual.
b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated.
2. The provision of service relating to the health, safety, and welfare of its residents in
a fair, equitable and efficient manner.
3. The conduct of City business inconformity with the principles and practices of due
process, equal protection under the laws, and protection of individual liberties granted by
the Constitution of the United States, by the State of Iowa, and by local ordinances.
4. Civility and responsiveness by City employees in their interactions with the public.
(Ord. 15-4621, 5-19-2015)
DEFINITIONS
As used in this Charter:
1. "City" means the City of Iowa City, Iowa.
2. "City Council" or "Council" means the governing body of the City.
3. "Council member" means a member of the Council, including the Mayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa
City.
Page 3
The following is a clean copy of the Iowa City Charter amended as proposed.
9. "Board" includes aboard, commission, committee or other similar entity however
designated.
10. "Person" means an individual, firm, partnership, corporation, company, association,
political party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature.
12. "Measure", except as provided in Article VII, means an ordinance, amendment,
resolution or motion. (Ord. 76-2792,1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-
4152, 3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers of the City.
The City shall have all powers possible under the constitution and laws of this state. (Ord.
76-2792,1-2-1976)
Section 1.02. Construction.
The grant of power to the City under this Charter is intended to be broad; the mention of a
specific power in this Charter is not intended to be a limitation on the general powers
conferred in this article. (Ord. 76-2792,1-2-1976)
Section 1.03.Savings Clare.
If any provision of this Charter, or the application of this Charter to any person or
circumstance is held invalid, the invalidity shall not affect other provisions or applications
of this Charter. (Ord. 76-2792,1-2-1976)
ARTICLE II. CITY COUNCIL
Section 2.01_Coniposition.
The City Council consists of seven members. As provided in Article III, four, to be known as
Council members at -large, are to be nominated by eligible electors of the City at -large, and
three, to be known as district Council members, are to be nominated by eligible electors of
their respective districts. The purpose of district divisions is to ensure City-wide
geographic representation on the Council. All Council members shall be elected by the
qualified electors of the City at -large. (Ord. 85-3273, 12-17-1985)
Page 4
The following is a clean copy of the Iowa City Charter amended as proposed.
Section 2.02. Division into Council Districts.
The Council, by ordinance, shall divide the City into three Council districts of substantially
equal population. These districts are to be designated as Council District A, Council District
B, and Council District C. (Ord. 76-2792,1-2-1976)
5eetion 2.03. Eligibility.
To be eligible to be elected to and to retain a Council position, a person must be an eligible
elector of Iowa City, and if seeking or elected to represent a Council district, must be an
eligible elector of that Council district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms,
At the first election under this Charter, all seven Council members are to be elected; the
Council member from Council District A, Council District C, and the two Council members
at -large who receive the greatest number of votes cast for Council member at -large are to
serve for terms of four years, and other Council members are to serve for terms of two
years. Commencing at the next regular City election, and at all subsequent regular City
elections, all Council members elected to fill the positions of those whose terms expire shall
be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Section Z. 5. Compensation.
The Council, by ordinance, shall prescribe the compensation of the Mayor and the other
Council members. The Council shall not adopt such an ordinance during the months of
November and December immediately following a regular City election. (Ord. 05-4152, 3-1-
2005)
Section 2.06. Mayor.
A. Immediately following the beginning of the terms of Council members elected at the
regular City election, the Council shall meet and elect from among its members the Mayor
and Mayor Pro Tern for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The Mayor is a voting member of the Council, the official representative of the City,
presiding officer of the Council and its policy spokesperson. The Mayor may add items to
the City Council agenda. The Mayor shall present to the City no later than February 28 an
annual State of the City message. (Ord. 15-4621, 5-19-2015)
C. The Mayor Pro Tern shall act as Mayor during the absence of the Mayor. (Ord. 85-
3227, 3-12-1985)
Section 2.07. General Powers and Duties.
All powers of the City are vested in the Council, except as otherwise provided by state law
or this Charter. (Ord. 85-3227, 3-12-198S)
Section 2.08. Armointments.
A. The Council shall appoint the City Manager.
Page 5
The following is a clean copy of the Iowa City Charter amended as proposed.
B. The Council shall appoint the City Clerk. (Ord. 85-3227, 3-12-1985)
C. The Council shall appoint the City Attorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager shall appoint the Chief of the Police Department and the Chief of the
Fire Department, subject to approval of the Council.
E. The Council shall appoint all members of the City's boards, except as otherwise
provided by state law. (Ord. 85-3227, 3-12-1985)
F. The Council shall fix the amount of compensation, if any, of persons it appoints and
shall provide for the method of compensation of other City employees. All appointments
and promotions of City employees must be made according to job -related criteria and be
consistent with nondiscriminatory and equal employment opportunity standards
established pursuant to law. (Ord. 95-3671, 3-28-1995)
Section 2.09. Rules: Records.
The Council may determine its own rules and shall maintain records of its proceedings
consistent with state law. (Ord. 76-2792, 1-2-1976)
Section 2.10. Vacancies.
The Council shall fill a vacancy occurring in an elective City office as provided by state law.
(Ord. 76-2792, 1-2-1976)
Section 2.11. Council Action.
Passage of an ordinance, amendment or resolution requires a majority vote of all the
members of the Council except as otherwise provided by state law. (Ord. 05-4152, 3-1-
2005)
Section 2.12. Prohibitions.
A. A Council member may not hold any other City office or be a City employee or elected
county official while serving on the Council nor hold any remunerated City office or
employment for at least one year after leaving the Council. (Ord. 76-2792, 1-2-1976)
B With the exception of powers provided in Section 2.08, a Council member may not
dictate, in any manner, the appointment or removal of any City employee. However, the
Council may express its views pertaining to the appointment or removal of such employee
to the Council appointee under whom the employee works:(City Manager, City Attorney,
City Clerk).
C. A Council member may not interfere with the supervision or direction of any City
employee other than the City Manager, City Attorney, or City Clerk.
Page 6
The following is a clean copy of the Iowa City Charter amended as proposed.
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
Section 3.01. Nomination.
A. An eligible elector of a Council district may become a candidate for a Council district
seat by filing with the Johnson County Commissioner of Elections a valid petition
requesting that their name be placed on the ballot for that office. Unless otherwise
provided by state law, the petition must be filed not more than eighty-five (85) days nor
fewer than sixty-eight (68) days before the date of the election. Unless otherwise provided
by state law, the petition must be signed by eligible electors from the candidate's district
equal in number to at least two (2) percent of those who voted to fill the same office at the
last regular City election, but not fewer than ten (10) persons.
B. An eligible elector of the City may become a candidate for an at -large Council seat by
filing with the Johnson County Commissioner of Elections a petition requesting that the
candidate's name be placed on the ballot for that office. Unless otherwise provided by state
law, the petition must be filed not more than eighty-five (85) days nor fewer than sixty-
eight (68) days before the date of the election. Unless otherwise provided by state law, the
petition must be signed by eligible electors equal in number to at least two (2) percent of
those who voted to fill the same office at the last regular City election, but not fewer than
ten (10) persons. (Ord. 15-4621, 5-19-2015)
Section 3.02. Primary Election.
A. If there are more than two candidates for a Council district seat, a primary election
must be held for that seat with only the qualified electors of that Council district eligible to
vote. The names of the two candidates who receive the highest number of votes in the
primary election are to be placed on the ballot for the regular City election as candidates
for that Council seat. (Ord. 05-4152, 3-1-2005)
B. If there are more than twice as many candidates as there are at large positions to be
filled, there shall be a primary election held unless the Council, by ordinance, chooses to
have a run-off election. (Ord. 85-3227, 3-12-1985)
S>ion 3.03. RePular City Election.
A. In the regular City election, each Council district seat up for election shall be listed
separately on the ballot and only the names of candidates nominated from that Council
district shall be listed on the ballot as candidates for that seat. However, all qualified
electors of the City shall be entitled to vote for each candidate. The three Council district
seats shall be designated on the ballot as Council District A, Council District B and Council
District C and each shall be elected at -large.
B. The at -large Council seats shall be designated on the ballot as such. (Ord. 85-3227, 3-
12-1985)
Page 7
The following is a clean copy of the Iowa City Charter amended as proposed.
ARTICLE IV. CITY MANAGER
Section 4.01.. AppointmentAppointmentb QpAitfication5.
In appointing a City Manager, the Council shall consider only the qualifications and fitness
of the person without regard to political or other affiliation. During their tenure the City
Manager shall reside within the City. (Ord. 76-2792, 1-2-1976)
Section 4,Q2. Accountability; a val.
A. The City Manager is under the direction and supervision of the Council and holds
office at its pleasure. A City Manager removed by the Council is entitled to receive
termination pay as provided by contract. (Ord. 15-4621, 5-19-2015)
B. Upon the resignation or removal of the City Manager, the Council shall appoint an
individual qualified to perform the duties of City Manager to serve at the pleasure of
Council or until a City Manager is appointed. (Ord. 76-2792,1-2-1976)
Section 4.01 Absence: J)isabiliMprf City Manager.
The City Manager may designate a qualified City employee as acting City Manager to
perform their duties during a temporary absence or disability. If the City Manager does not
make such a designation, the Council shall appoint a qualified City employee to perform the
duties of the City Manager until they return. (Ord. 76-2792, 1-2-1976)
Section 4.04. Duties of City Mana er.
A. The City Manager shall be chief administrative officer of the City and shall:
1. Ensure that the laws of the City are executed and enforced.
2. Supervise and direct the administration of City government and the official
conduct of employees of the City appointed by the City Manager including their
employment, training, reclassification, suspension, or discharge as the occasion requires,
subject to state law.
3. Appoint the Chief of the Police Department and the Chief of the Fire Department
with the approval of the City Council.
4. Supervise the Chief of the Police Department and Chief of the Fire Department,
including their suspension or discharge as the occasion requires. Such supervision shall not
be subject to approval of the City Council.
5. Appoint or employ persons to occupy positions for which no other method of
appointment is provided by state law or this Charter.
6. Supervise the administration of the City personnel system, including the
determination of the compensation of all City employees appointed by the City Manager
subject to this Code or this Charter.
Page 8
The following is a clean copy of the Iowa City Charter amended as proposed.
7. Supervise the performance of all contracts for work to be done for the City,
supervise all purchases of materials and supplies, and assure that such materials and
supplies are received and are of specified quality and character.
8. Supervise and manage all public improvements, works and undertakings of the
City, and all City -owned property including buildings, plants, systems, and enterprises, and
have charge of their construction, improvement, repair, and maintenance except where
otherwise provided by state law.
9. Supervise the making and preservation of all surveys, maps, plans, drawings,
specifications and estimates for the City.
10. Provide for the issuance and revocation of licenses and permits authorized by
state law or City ordinance and cause a record thereof to be maintained.
11. Prepare and submit to the Council the annual budgets in the form prescribed by
state law.
12, Provide the Council an itemized written monthly financial report.
13. Attend Council meetings and keep the Council fully advised of the financial and
other conditions of the City and its needs.
14. See that the business affairs of the City are transacted in an efficient manner and
that accurate records of all City business are maintained and made available to the public,
except as otherwise provided by state law.
15. Provide necessary and reasonable clerical, research, and professional assistance
to boards within limitations of the budget.
16. Perform such other and further duties as the Council may direct. (Ord. 05-4152,
3-1-2005)
B. The City Manager, in performing the foregoing duties, may:
1. Present recommendations and programs to the Council and participate in any
discussion by the Council of any matters pertaining to the duties of the City Manager.
2. Cause the examination and investigation of the affairs of any department or the
conduct of any employee under supervision of the City Manager.
3. Execute contracts on behalf of the City when authorized by the Council. (Ord. 85-
3227, 3-12-1985)
Section 4.05. Ineligibility-, Pr hi ited Acts.
Except for the exercise of the right to vote, the City Manager shall not take part in any
election of Council members. This prohibition shall in no way limit the City Manager's duty
to make available public records as provided by state law or this Charter. (Ord. 76-2792, 1-
2-1976)
Page 9
The following is a clean copy of the Iowa City Charter amended as proposed.
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
A. With the exception of the Community Police Review Board, the Council may establish
boards in addition to those required by state law and shall specify the title, duties, length of
term, qualifications of members and other appropriate matters. The Council shall consider
the available demographics of board and commission members and applicants in making
appointments in an effort to make appointments reflective of the community. The Council
may reduce or increase a board's duties, transfer duties from one board to another or
dissolve any board, except as otherwise provided by state law or this Charter.
B. There shall be a permanent Community Police Review Board, which shall have vested
in it the following minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views
on the policies, practices, and procedures of the Iowa City Police Department; and
2. To make recommendations regarding such policies, practices, and procedures to
the City Council; and
3. To investigate claims of misconduct by sworn police officers and to issue
independent reports of its findings to the City Council; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
ection 5.02. ADnointment. Remo
The Council shall, subject to the requirements of state law, seek to provide broad
representation on all boards. The Council shall establish procedures to give at least thirty
days' notice of vacancies before they are Filled and shall encourage applications by
residents. Council procedures for the removal of members shall be consistent with state
law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Section 5.03. Rules.
A. The Council shall establish rules and procedures for the operation of all boards, which
must include but are not limited to, the adoption of by-laws and rules pertaining to open
meetings and open records. (Ord. 05-4152, 3-1-2005)
B. The Council shall specify, for each board, methods for informal and formal
communication with Council, time schedules for the completion of reports requested by
Council and such rules as it deems appropriate.
C. Aboard may establish additional rules and procedures that are consistent with state
law, Council rules, and this Charter. (Ord. 76-2792, 1-2-1976)
Page 10
The following is a clean copy of the Iowa City Charter amended as proposed.
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations on the Amount of Campaign Contributions.
The Council, by ordinance, shall prescribe limitations on the amount of campaign
contributions made to a candidate for election to Council by a person as defined in this
Charter. (Ord. 95-3671, 3-28-1995)
Section 6.02. Disclosure of Contributions and Expenditures.
The Council, by ordinance, may prescribe procedures requiring the disclosure of the
amount, source and kind of contributions received and expenditures made by (1) each
candidate for election to Council and (2) any and all other persons, for the purpose of
aiding or securing the candidate's nomination or election. (Ord. 05-4152, 3-1-2005)
Section 6.03. Definition.
Within this article "contribution" shall be defined as that term is defined in chapter 68A
("campaign finance") of the Code of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-
19-2015)
Sectia .04. Violations.
The Council, by ordinance, shall prescribe: (1) penalties for the violation of the contribution
limitations and disclosure requirements it establishes pursuant to this Section; and (2)
when appropriate, conditions for the revocation of a candidate's right to serve on Council if
elected, consistent with state law. (Ord. 05-4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
1. Initiative. The eligible electors have the right to propose measures to the Council
and, if the Council fails to adopt a measure so proposed without any change in substance, to
have the measure submitted to the voters at an election.
2. Referendum. The eligible electors have the right to require reconsideration by the
Council of an existing measure and, if the Council fails to repeal such measure, to have it
submitted to the voters at an election.
3. Definition. Within this article, "measure" means all ordinances, amendments,
resolutions or motions of a legislative nature, however designated, which (a) are of a
permanent rather than temporary character and (b) include a proposition enacting,
amending or repealing a new or existing law, policy or plan, as opposed to one providing
for the execution or administration of a law, policy or plan already enacted by Council.
Page 11
The following is a clean copy of the Iowa City Charter amended as proposed.
B. Limitations.
1. Subject Matter. The right of initiative and referendum shall not extend to any of
the following:
a. Any measure of an executive or administrative nature, including, but not
limited to, personnel decisions.
b. The City budget.
c. The appropriation of money.
d. The levy of taxes or special assessments.
e. The issuance of general obligation and revenue bonds.
f. The letting of contracts.
g. Salaries of City employees.
h. Any measure required to be enacted by state or federal law.
i. Amendments to this Charter.
j. Amendments affecting the City zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
k. Public improvements subsequent to City Council action to authorize
acquisition of property for that public improvement, or notice to bidders for that public
improvement, whichever occurs earlier. "Public improvement" shall mean any building or
construction work.
2. Resubmission. No initiative or referendum petition shall be filed within two years
after the same measure or a measure substantially the same has been submitted to the
voters at an election.
3. Council Repeal, Amendment and Reenactment. No measure proposed by initiative
petition and adopted by the vote of the Council without submission to the voters, or
adopted by the voters pursuant to this article, may for two years thereafter be repealed or
amended except by a vote of the people, unless provision is otherwise made in the original
initiative measure. No measure referred by referendum petition and repealed by the vote
of the Council without submission to the voters, or repealed by the voters pursuant to this
article, may be reenacted for two years thereafter except by vote of the people, unless
provision is otherwise made in the original referendum petition.
C. Construction.
1. Scope of Power. It is intended that this article confer broad initiative and
referendum powers upon the eligible electors of the City.
Page 12
The following is a clean copy of the Iowa City Charter amended as proposed.
2. Initiative. It is intended that (a) no initiative petition will be invalid because it
repeals an existing measure in whole or in part by virtue of proposing a new measure and
(b) an initiative petition may amend an existing measure.
3. Referendum. It is intended that a referendum petition may repeal a measure in
whole or in part.
D. Effect of Filing Petition. The filing of an initiative or referendum petition does not
suspend or invalidate any measure under consideration. Such measure shall remain in full
force and effect until its amendment or repeal by Council pursuant to Section 7.05A or until
a majority of the qualified electors voting on a measure vote to repeal or amend the
measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure
in whole or in part does not affect any obligations entered into by the City, its agencies or
any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19-
2015)
Section 7.02. Commencement of Proceedings: Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the
"petitioners," may commence initiative or referendum proceedings by filing with the City
Clerk an affidavit stating they will supervise the circulation of the petition and will be
responsible for filing it in proper form, stating their names and addresses and specifying
the address to which all relevant notices are to be sent, and setting out in full the proposed
initiative measure or citing the measure sought to be reconsidered.
B. Affidavit. The City Clerk shall accept the affidavit for filing if on its face it appears to
have signatures of one or more qualified electors. The City Clerk shall issue the appropriate
petition forms to the petitioners the same day the affidavit is accepted for filing. The City
Clerk shall cause to be prepared and have available to the public, forms and affidavits
suitable for the commencement of proceedings and the preparation of initiative and
referendum petitions. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions; Revocation of Signatures.
A. Number of Signatures. Initiative and referendum petitions must be signed by eligible
electors equal in number to at least ten percent (10%) of the number of persons who voted
in the last regular City election, but such signatures of eligible electors shall be no fewer
than ten. (Res. 16-258, 8-29-2016)[November 2016 Special Election]
B. Form and Content. All papers of a petition prepared for filing must be substantially
uniform in size and style and must be assembled as one instrument. Each person signing
shall provide, and the petition form shall provide space for, the signature, printed name,
address of the person signing and the date the signature is executed. Petitions prepared for
circulation must contain or have attached thereto throughout their circulation the full text
of the measure proposed or sought to be reconsidered. The petition filed with the City
Clerk need have attached to it only one copy of the measure being proposed or referred.
Page 13
The following is a clean copy of the Iowa City Charter amended as proposed.
C. Affidavit of Circulator. Each paper of a petition containing signatures must have
attached to it when filed an affidavit executed by an eligible elector certifying: the number
of signatures on the paper, that the elector personally circulated it, that all signatures were
affixed in the elector's presence, that the elector believes them to be genuine signatures of
the persons whose names they purport to be and that each signer had an opportunity
before signing to read the full text of the measure proposed or sought to be reconsidered.
Any person filing a false affidavit will be liable to criminal penalties as provided by state
law.
D. Time for Filing Initiative Petitions. Signatures on an initiative petition must be secured
and the petition filed within six months after the date the affidavit required under Section
7.02A was filed.
E. Time for Filing Referendum Petitions. Referendum petitions may be filed within sixty
days after final adoption by the Council of the measure sought to be reconsidered, or
subsequently at any time more than two years after such final adoption. The signatures on
a referendum petition must be secured during the sixty days after such final adoption;
however, if the petition is filed more than two years after final adoption, the signatures
must be secured within six months after the date the affidavit required under Section 7.02A
was filed.
F. Revocation of Signature. Prior to the time a petition is filed with the City Clerk, a
signatory may revoke their signature for any reason by filing with the City Clerk a
statement of their intent to revoke their signature. After a petition is filed a signatory may
not revoke their signature. The City Clerk shall cause to be prepared and have available to
the public, forms suitable for the revocation of petition signatures. (Ord. 15-4621, 5-19-
2015)
Section 7.04. Procedure after Filine.
A. Validity of a Petition. A petition is valid if it contains the minimum required signatures
by eligible electors in the required form and with the required content and accompanied by
the affidavit of circulator as set forth in Section 7.03. The petition shall be examined by the
City Clerk before it is accepted for filing. If the petition appears valid on its face it shall be
accepted for filing. If it lacks the required number of signatures it shall be considered
invalid and returned to the petitioners. Petitions which have been accepted for filing are
valid unless written objections are filed with the City Clerk within five working days after
the petition is received.
B. Hearing on Objections; Objections Committee. Written objections timely filed with the
City Clerk shall be considered by an objections committee made up of the Mayor and City
Clerk and one member of the Council chosen by the Council by ballot, and a majority
decision shall be final. The hearing on the objections shall be held within ten days of receipt
of the objections.
C. Court Review. To the extent allowed by law, court review of the Objections
Committee's actions shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015)
Page 14
The following is a clean copy of the Iowa City Charter amended as proposed.
Section 7.05. Action on PetitiQns.
A. Action by Council. When an initiative or referendum petition has been determined
valid, the Council shall promptly consider the proposed initiative measure or reconsider
the referred measure. If the Council fails to adopt a proposed initiative measure and fails to
adopt a measure which is similar in substance within sixty days, or if the Council fails to
repeal the referred measure within thirty days after the date the petition was finally
determined valid, it shall submit the proposed or referred measure to the qualified electors
of the City as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the Council adopts the proposed initiative
measure or adopts a measure which is similar in substance or if the Council repeals a
referred measure, the initiative or referendum proceedings shall terminate and the
proposed or referred measure shall not be submitted to the voters.
B. Submission to Voters.
1. Initiative. If required by this section, the vote of the City on a proposed measure
shall be held at the first legally permissible election date more than forty days after the
expiration of the sixty day period provided for consideration in Section 7.05A, provided
that the initiative petition was filed no fewer than 80 days prior to the deadline imposed by
state law for the submission of ballot questions to the Commissioner of Elections.
2. Referendum. If required by this section, the vote of the City on a referred measure
shall be held at the first legally permissible election date more than forty days after the
expiration of the thirty day period provided for reconsideration in Section 7.05A, provided
that the referendum petition was filed no fewer than 50 days prior to the deadline imposed
by state law for the submission of ballot questions to the Commissioner of Elections. The
Council may provide for a special referendum election on a referred measure any time
more than 120 days after the filing of the referendum petition with the City Clerk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the
qualified electors at the polls and shall be advertised at the City's expense in the manner
required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose
of the referred or proposed measure shall be indicated on the ballot. (Ord. 15-4621, 5-19-
2015)
Section 7.06. Results of Election.
A. Initiative. If a majority of the qualified electors voting on a proposed initiative
measure vote in its favor, it shall be considered adopted upon certification of the election
results. The adopted measure shall be treated in all respects in the same manner as
measures of the same kind adopted by the Council, except as provided in Section 7.01B(3).
If conflicting measures are approved by majority vote at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
Page 15
The following is a clean copy of the Iowa City Charter amended as proposed.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote
in favor of repealing the measure, it shall be considered repealed upon certification of the
election results. (Ord. 15-4621, 5-19-2015)
Section 7.07. Prohibition on Establishment of Stricter Conditions or Rea u i rem ents.
The Council shall not set, except by Charter amendment, conditions or requirements
affecting initiative and referendum. (Ord.15-4621, 5-19-2015)
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This Charter may be amended only by one of the following methods:
A. The Council, by resolution, may submit a proposed amendment to the voters at the
first legally permissible election date consistent with Section 7.05 (B) of this Charter, and
the proposed amendment becomes effective when approved by a majority of those voting.
B. The Council, by ordinance, may amend the Charter. However, within thirty (30) days
of publication of the ordinance, if a petition valid under the provisions of section 362.4 of
the Code of Iowa is filed with the Council, the Council must submit the amending ordinance
to the voters at the first legally permissible election date consistent with Section 7.05(B) of
this Charter, and the amendment does not become effective until approved by a majority of
those voting.
C. Petitions.
1. Action by Council. If a petition valid under the provisions of section 362.4 of the
Code of Iowa is filed with the Council proposing an amendment to the Charter, the Council
shall promptly consider the proposed amendment. If the Council fails to adopt a proposed
amendment which is similar in substance within sixty days, it shall submit the proposed
amendment to the qualified electors of the City as hereinafter prescribed. If at any time
more than thirty days before the scheduled election the Council adopts a proposed
amendment which is similar in substance, the amendment proceedings shall terminate and
the proposed amendment shall not be submitted to the voters.
2. Amendment. If required by this section, the vote of the City on the proposed
amendment shall be held at the first legally permissible election date consistent with
Section 8.01(C) (1) of this Charter, and the amendment becomes effective if approved by a
majority of those voting. (Ord. 05-4152, 3-1-2005)
3. Ballot. Copies of the proposed amendment shall be made available to the
qualified electors at the polls and shall be advertised at the City's expense in the manner
required for "questions" in section 376.5 of the Iowa Code. The subject matter and purpose
of the proposed amendment shall be indicated on the ballot.
Page 16
The following is a clean copy of the Iowa City Charter amended as proposed.
Section . 2. barter Review Commissn.
The Council, using the procedures prescribed in Article V, shall establish a Charter Review
Commission at least once every ten years following the effective date of this Charter. The
Commission, consisting of at least nine members, shall review the existing Charter and
may, within twelve months recommend any Charter amendments that it deems fit to the
Council. The Council shall either exercise its power of amendment pursuant to Section
8.01B of the Charter on a matter recommended by the Commission or submit such
amendments to the voters in the form prescribed by the Commission, and an amendment
becomes effective when approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
CHARTER COMPARATIVE TABLE
The Home Rule Charter is set out in this volume as adopted by the voters on November 15,
1973, and by ordinance 76-2792, on January 2, 1976. The following table shows the
disposition of amendments to the Charter:
Ordinance Date Disposition
Number
77-2826 3-15- 6.01
1977
77-2858 9-6- 7.05B
1977
77-2864 9-6- 3.01
1977
85-3227
3-12-
Definitions 7,8, 2.01, 2.03, 2.05 - 2.08, 3.01- 3.03, 4.04, 5.02,
1985
6.0 4, 7.0 1 - 7.0 5, 8.0 1, 8. 0 2
85-3228
3-12-
6.02
1985
85-3273
12-17-
2.01
1985
90-3462
6-26-
7.03A, 7.04A
1990
95-3671
3-28-
2.06B, 2.08C,E, 3.01A, 6.01, 7.04D
1995
05-4152
3-1-
Definitions 11,12, 2.03, 2.05, 2.11, 2.12B, 3.01A, 3.02A, 4.04A,
2005
5.02, 5.03A, 6.02, 6.03, 6.04, 7.01, 7.02, 7.03B,C,E, 7.04A,B,C,
7.05, 7.06, 8.01, 8.02
Res.07-262
8-31-
5.01
2007
Page 17
The following is a clean copy of the Iowa City Charter amended as proposed.
15-4621
Petition
5-19- Preamble, 2.0613, 3.01, 4.02A, 5.01, 5.02, 6.03, 7.01, 7.03, 7.04,
2015 7.05, 7.06, 7.07
11- 7.03A
2016
Page 18
r,® CITY OF IOWA CITY
1 �Efi �"' M EMORAN DU M
Date: December 26, 2024
To: Mayor and City Council
From: Kellie Grace, City Clerk
Re: Charter Review Commission Members 1973 to present
Charter Review Commission Chair Balmer asked to have the attached list distributed to Council
members.
Ori inal Charter Commission 1973
Chair William Meardon
Vice Chair Patricia Cain
David Baldus
Dale Welt (replaced Llyod Berger)
Robert Corrigan
Penny Davidsen
Brad DeCounter
James Knight
Clayton Ringgenberg
Charter Review Commission 1994
Chair John Balmer
Patricia Cain
Penny Davidsen
Gary Goodwin
Barry Matsumoto
Joel Mintzer
Clayton Ringgenberg
Glenn Roberts
Dale Welt
Charter Review Commission 1994
Chair A. John McDonald
Patt Cain
Paul Egli
Mary Geasland
Jeff McCullough
Kathy Penningroth
Clayton Ringgenberg
Anne Marie Rhodes
Craig Willis
Charter Review Commission 2004
Chair William Sueppel
Andy Chappell
Penny Davidsen
John Balmer (replaced by Nate Green)
Karen Kubby
Vicki Lensing
Naomi Novick
Lynn Rowat
Kevin Werner
Charter Review Commission 2014
Chair Andy Chappell
Steve Atkins
Karrie Craig
Karen Kubby
Mark Schantz
Melvin Shaw
Anna Moyers Stone
Adam Sullivan
Dee Vanderhoef
Charter Review Commission 2024
Chair John Balmer
Susan Craig
John Deeth
Gerene Denning
Mackenzie DeRoo
Matt Hayek
Vice Chair Molly Kucera
Bijou Maliabo
Jennifer Patel
s ..
Prepared by: Eric R. Goers, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance No.
Ordinance amending the Iowa City Charter as recommended by the
Charter Review Commission.
Whereas, the Iowa City Charter provides for the establishment of a Charter Review
Commission at least once every ten years; and
Whereas, on January 2, 2024 by Resolution No. 24-12 the City Council established a
nine -member Commission to review the Charter with a term beginning April 1, 2024 and
ending no later than April 1, 2025; and
Whereas, the Charter Review Commission met sixteen times to review the Charter,
including two Community Forums, invited and welcomed public comment and input at all of
their meetings, and encouraged the public to participate in their work at every opportunity; and
Whereas, the Charter Review Commission submitted its recommendations to the
Council by written report dated December 17, 2024; and
Whereas, attached to the Charter Review Commission's Report is both a red -lined
version of the Charter and a clean copy showing the amended Charter in the event Council
adopts all changes proposed; and
Whereas, the Charter requires that the City Council either adopt each Commission
recommendation by ordinance or submit it to the voters; and
Whereas, most of the changes are non -substantive, involving changes to capitalization
and other minor grammatical matters; and
Whereas, the substantive matters are addressed in the Charter Review Commission's
report; and
Whereas, it is in the best interest of the City to adopt said recommendations by
ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
The Iowa City Charter is amended by deleting it in its entirety and substituting the following
in lieu thereof:
[All proposed changes are reflected in red text. StF&e-throurgh font represents text the
Commission proposes to delete, underlined font represents text the Commission proposes to
add, and font represents text the Commission proposed adding to the
Charter, but later reconsidered and deleted.]
IOWA CITY CHARTER 1
Preamble
Definitions
Article I. Powers 9of Tthe City
§ 1.01. Powers 9of Tthe City.
§ 1.02. Construction.
§ 1.03. Savings Clause.
Article II. City Council
§ 2.01. Composition.
§ 2.02. Division linto Council Districts.
§ 2.03. Eligibility.
Ordinance No.
Page 2
§ 2.04. Terms.
§ 2.05. Compensation.
§ 2.06. Mayor.
§ 2.07. General Powers nd Duties.
§ 2.08. Appointments.
§ 2.09. Rules; Records.
§ 2.10. Vacancies.
§ 2.11. Council Action.
§ 2.12. Prohibitions.
Article III. Nomination, Primary Election nd Regular Election
§ 3.01. Nomination.
§ 3.02. Primary Election.
§ 3.03. Regular City Election.
Article IV. City Manager
§ 4.01. Appointment; Qualifications.
§ 4.02. Accountability; Removal.
§ 4.03. Absence; Disability f City Manager.
§ 4.04. Duties f City Manager.
§ 4.05. Ineligibility; Prohibited Acts.
Article V. Boards, Commissions nd Committees
§ 5.01. Establishment.
§ 5.02. Appointment; Removal.
§ 5.03. Rules.
Article VI. Campaign Contributions Aand Expenditures
§ 6.01. Limitations Gon tThe Amount Gof Campaign Contributions.
§ 6.02. Disclosure Gof Contributions Aand Expenditures.
§ 6.03. Definition.
§ 6.04. Violations.
Article VII. Initiative Aand Referendum
§ 7.01. General Provisions.
§ 7.02. Commencement Gof Proceedings, Affidavit.
§ 7.03. Petitions; Revocation Gof Signatures.
§ 7.04. Procedure Aafter Filing.
§ 7.05. Action Gon Petitions.
§ 7.06. Results Gof Election.
§ 7.07. Prohibition Gon Establishment Gof Stricter Conditions r Requirements.
Article VIII. Charter Amendments Aand Review
§ 8.01. Charter Amendments.
§ 8.02. Charter Review Commission.
Notes
1. The home rule harter of the ity, adopted by the voters of the ity on November 15, 1973, and
by ordinance 76-2792 on January 2, 1976, pursuant to I.C.A. section 372.9, is set out herein as adopted
and amended.
PREAMBLE
We, the people of Iowa City, Iowa, pursuant to the constitution and statutes of the &State of Iowa and the
principle of self-determination, proclaim that the government of Iowa City belongs to all its residents and
all share the responsibility for it. We hereby adopt this t�,harter and confer upon it the full home rule
powers of a charter city in order to provide for an honest and accountable council-manager government.
By this action. we secure the benefits of home rule and affirm the values of representative democracy,
professional management, strong oaf leadership, public engagement, diversity and inclusiveness,
regional cooperation, and f-gir and effog#ye stewardship of our unique environment. Furthermore,
adoption of this Charter recognizes the following principles:
Ordinance No.
Page 3
1. Resident participation on an equitable and inclusive basis as part of the process of +a -democratic
self-government.
a. Each individual shall have an opportunity to participate in the life of the City, includinq economic,
cultural and intellectual.
b. Discrimination prohibited by Title 2 of the City Code shall not be tolerated.
2. The provision of service relating to the health, safety, and welfare of its residents in a fair,
equitable and efficient manner.
3. The conduct of GCity business inconformity with the principles p4gGipal& and practices of due
process, equal protection under the laws, and protection of +hamindividual liberties pFete Aedrag nted by
the onstitution of the United States, by the sState of Iowa, and by local ordinances.
4. Civility and responsiveness by GCity employees in their interactions with the public. (Ord. 15-4621,
5-19-2015)
DEFINITIONS
As used in this sCharter:
1. "City" means the ity of Iowa City, Iowa.
2. "City sCouncil" or " ouncil" means the governing body of the ity.
3. "Council member" means a member of the ouncil, including the ayor.
4. "Shall" imposes a duty.
5. "Must" states a requirement.
6. "May" confers a power.
7. "Eligible elector" means a person eligible to register to vote in Iowa City.
8. "Qualified elector" means a resident of Iowa City who is registered to vote in Iowa City.
9. "Board" includes a board, commission, committee or other similar entity however designated.
10. "Person" means an individual, firm, partnership, corporation, company, association, political
party, committee or any other legal entity.
11. "Ordinance" means a city law of a general and permanent nature.
12. "Measure", except as provided in rticle VII, means an ordinance, amendment, resolution or
motion. (Ord. 76-2792, 1-2-1976; amd. Ord. 85-3227, 3-12-1985; Ord. 05-4152, 3-1-2005)
ARTICLE I. POWERS OF THE CITY
Section 1.01. Powers 9of Tthe City.
The ity bias -shall have all powers possible under the constitution and laws of this state. (Ord. 76-2792,
1-2-1976)
Section 1.02. Construction.
The grant of power to the ity under this harter is intended to be broad; the mention of a specific
power in this harter is not intended to be a limitation on the general powers conferred in this article.
(Ord. 76-2792, 1-2-1976)
Section 1.03. Savings Clause.
If any provision of this sCharter, or the application of this sCharter to any person or circumstance is held
invalid, the invalidity shall not affect other provisions or applications of this harter. (Ord. 76-2792, 1-2-
1976)
ARTICLE II. CITY COUNCIL
Section 2.01. Composition.
The ity ouncil consists of seven members. As provided in ;rticle III, four, to be known as ouncil
members at large, are to be nominated by eligible electors of the GCity at --large, and three, to be known
Ordinance No.
Page 4
as district eCouncil members, are to be nominated by eligible electors of their respective districts. The
purpose of district divisions is to ensure City-wide geographic representation on the Council. All &Council
members shall be elected by the qualified electors of the &City at -large. (Ord. 85-3273, 12-17-1985)
Section 2.02. Division Into Council Districts.
The ouncil, by ordinance, shall divide the ity into three &Council districts of substantially equal
population. These districts are to be designated as ouncil dDistrict A, ouncil istrict B, and
ouncil 4District C. (Ord. 76-2792, 1-2-1976)
Section 2.03. Eligibility.
To be eligible to be elected to and to retain a �iGouncil position, a person must be an eligible elector of
Iowa City, and if seeking or elected to represent a &Council district, must be an eligible elector of that
ouncil district. (Ord. 05-4152, 3-1-2005)
Section 2.04. Terms.
At the first election under this &Charter, all seven c-uouncil members are to be elected; the ouncil
member from ouncil 4District A, eCouncil 4District C, and the two ouncil members at large who
receive the greatest number of votes cast for s ouncil member at large are to serve for terms of four
years, and other ouncil members are to serve for terms of two years. Commencing at the next regular
ity election, and at all subsequent regular ity elections, all ouncil members elected to fill the
positions of those whose terms expire shall be elected for terms of four years. (Ord. 76-2792, 1-2-1976)
Section 2.05. Compensation.
The ouncil, by ordinance, shall prescribe the compensation of the ayor and the other ouncil
members. The ouncil shall not adopt such an ordinance during the months of November and
December immediately following a regular ity election. (Ord. 05-4152, 3-1-2005)
Section 2.06. Mayor.
A. Immediately following the beginning of the terms of ouncil members elected at the regular &City
election, the &Council shall meet and elect from among its members the +Mayor and ayor Pro Jem
for a term of two years. (Ord. 85-3227, 3-12-1985)
B. The Mayor is a voting member of the & ouncil, the official representative of the &City, presiding
officer of the eCouncil and its policy spokesperson. The n4Mayor may add items to the eCity &Council
agenda. The Mayor shall present to the &City no later than February 28 an annual &State of the &City
message. (Ord. 15-4621, 5-19-2015)
C. The ayor Pro Jem shall act as Mayor during the absence of the ayor. (Ord. 85-3227, 3-
12-1985)
Section 2.07. General Powers Aand Duties.
All powers of the ity are vested in the ,ouncil, except as otherwise provided by state law or this
harter. (Ord. 85-3227, 3-12-1985)
Section 2.08. Appointments.
A. The ECouncil shall appoint the &City Manager.
B. The &Council shall appoint the &City &Clerk. (Ord. 85-3227, 3-12-1985)
C. The &Council shall appoint the &City aAttorney. (Ord. 95-3671, 3-28-1995)
D. The City Manager shall appoint the Chief of the Police Department and the Chief of the Fire
Department, subject to approval of the Council.
€E. The &Council shall appoint all members of the GCity's boards, except as otherwise provided by
state law. (Ord. 85-3227, 3-12-1985)
€F. The &Council shall fix the amount of compensation, if any, of persons it appoints and shall provide
for the method of compensation of other &City employees. All appointments and promotions of &City
employees by Gity G96IRGOI and Gity MaRageF must be made according to job -related criteria and be
consistent with nondiscriminatory and equal employment opportunity standards established pursuant to
law. (Ord. 95-3671, 3-28-1995)
Ordinance No.
Page 5
Section 2.09. Rules; Records.
The ouncil may determine its own rules and shall maintain records of its proceedings consistent with
state law. (Ord. 76-2792, 1-2-1976)
Section 2.10. Vacancies.
The ouncil shall fill a vacancy occurring in an elective ity office as provided by state law. (Ord. 76-
2792, 1-2-1976)
Section 2.11. Council Action.
Passage of an ordinance, amendment or resolution requires a majority vote of all the members of the
ouncil except as otherwise provided by state law. (Ord. 05-4152, 3-1-2005)
Section 2.12. Prohibitions.
A. A sCouncil member may not hold any other eCity office or be a sCty employee or elected county
official while serving on the sCouncil nor hold any remunerated eCity office or employment for at least
one year after leaving the sCouncil. (Ord. 76-2792, 1-2-1976)
B.
of sueTeapleyee ( FGI. 95 4152, 3 1 2995) With the exception of powers provided in Section 2.08, a
Council member may not dictate, in any manner, the appointment or removal of any City employee.
However, the Council may express its views to the aPPGiRtiRg a, itherity pertamRORQ to the appein4mop4 ^r
66^h ernpley4e pertaining to the appointment or removal of such employee to the Council
appointee under whom the employee works -(City Manager, City Attorney, City Clerk).
C.
unae. the ^^r,tre-, of the ^ity .ageF (n�z'27a�1 2 1-� A Council member may not interfere with
the supervision or direction of any City employee other than the City Manager, City Attorney, or City
Clerk.
ARTICLE III. NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
Section 3.01. Nomination.
A. An eligible elector of a sCouncil district may become a candidate for a sCouncil district seat by filing
with the Johnson County sCommissioner of eElections a valid petition requesting that his their
name be placed on the ballot for that office. Unless otherwise provided by state law, the petition must be
filed not more than eighty-five (85) days nor less -fewer than sixty-eight (68) days before the date of the
election. Unless otherwise provided by state law, the petition must be signed by eligible electors from the
candidate's district equal in number to at least two (2) percent of those who voted to fill the same office at
the last regular ity election, but not less -fewer than ten (10) persons.
B. An eligible elector of the ity may become a candidate for an at -large ouncil seat by filing with
the Johnson County ommissioner of eElections a petition requesting that the candidate's name be
placed on the ballot for that office. Unless otherwise provided by state law, the petition must be filed not
more than eighty-five (85) days nor less -fewer than sixty-eight (68) days before the date of the election.
Unless otherwise provided by state law, the petition must be signed by eligible electors equal in number
to at least two (2) percent of those who voted to fill the same office at the last regular ity election, but
not less fewer than ten (10) persons. (Ord. 15-4621, 5-19-2015)
Section 3.02. Primary Election.
A. If there are more than two candidates for a sCouncil district seat, a primary election must be held
for that seat with only the qualified electors of that sCouncil district eligible to vote. The names of the two
candidates who receive the highest number of votes in the primary election are to be placed on the ballot
for the regular ity election as candidates for that ECouncil seat. (Ord. 05-4152, 3-1-2005)
Ordinance No.
Page 6
B. If there are more than twice as many candidates as there are at large positions to be filled, there
shall be a primary election held unless the ouncil, by ordinance, chooses to have a run-off election.
(Ord. 85-3227, 3-12-1985)
Section 3.03. Regular City Election.
A. In the regular ity election, each ouncil district seat up for election shall be listed separately on
the ballot and only the names of candidates nominated from that ouncil district shall be listed on the
ballot as candidates for that seat. However, all qualified electors of the ity shall be entitled to vote for
each candidate. The three ouncil district seats shall be designated on the ballot as GCouncil dDistrict
A, GCouncil dDistrict B and ouncil istrict C and each shall be elected at large.
B. The at --large GCouncil seats shall be designated on the ballot as such. (Ord. 85-3227, 3-12-1985)
ARTICLE IV. CITY MANAGER
Section 4.01. Appointment; Qualifications.
In appointing a GQity n}Manager, the GCouncil shall consider only the qualifications and fitness of the
person without regard to political or other affiliation. During ",,,s-Ar her their tenure the ity anager
shall reside within the GCity. (Ord. 76-2792, 1-2-1976)
Section 4.02. Accountability; Removal.
A. The ECity n4Manager is under the direction and supervision of the GCouncil and holds office at its
pleasure. A GQity n}Manager removed by the ouncil is entitled to receive termination pay as provided
by contract. (Ord. 15-4621, 5-19-2015)
B. Upon the resignation or removal of the GCity n}Manager, the ouncil shall appoint an individual
qualified to perform the duties of ity mManager to serve at the pleasure of ouncil or until a GCity
anager is appointed. (Ord. 76-2792, 1-2-1976)
Section 4.03. Absence; Disability f City Manager.
The ECity. , anager may designate a qualified GCity employee as acting eCity n}Manager to perform
ewer their duties during a temporary absence or disability. If the ity 'anager does not make such a
designation, the ECouncil shall appoint a qualified GQity employee to perform the duties of the ity
Manager until he A-.r -,-; h4--they return . (Ord. 76-2792, 1-2-1976)
Section 4.04. Duties 8of City Manager.
A. The GQity n4Manager shall be chief administrative officer of the ity and shall:
k1_4 eEnsure that the laws of the ECity are executed and enforced.
k2_4 Supervise and direct the administration of ity government and the official conduct of
employees of the GQity appointed by the GQity n4Manager including their employment, training,
reclassification, suspension or discharge as the occasion requires, subject to state law.
3 Appoint the eChief of the ia.Eolice 4Department and the hief of the .. ire epartment with
the approval of the GQity sCouncil.
4 Supervise the GChief of the nr- olice epartment and hief of the #Fire 4Department,
including their suspension or discharge as the occasion requires. Such supervision shall not be subject to
approval of the GQity sCouncil.
k5_4 Appoint or employ persons to occupy positions for which no other method of appointment is
provided by state law or this harter.
k6_4 Supervise the administration of the ity personnel system, including the determination of
the compensation of all ity employees appointed by the ity anager subject to state law his Code
or this GCharter.
k7_4 Supervise the performance of all contracts for work to be done for the ECity, supervise all
purchases of materials and supplies, and assure that such materials and supplies are received and are of
specified quality and character.
8 Supervise and manage all public improvements, works and undertakings of the ity, and all
ity-owned property including buildings, plants, systems, and enterprises, and have charge of their
Ordinance No.
Page 7
construction, improvement, repair and maintenance except where otherwise provided by state law.
k9_4 Supervise the making and preservation of all surveys, maps, plans, drawings, specifications
and estimates for the GCity.
k1 C_} Provide for the issuance and revocation of licenses and permits authorized by state law or
ity ordinance and cause a record thereof to be maintained.
k11_4 Prepare and submit to the ouncil the annual budgets in the form prescribed by state law.
k12_4 Provide the E� ouncil an itemized written monthly financial report.
f13_4 Attend GCouncil meetings and keep the ECouncil fully advised of the financial and other
conditions of the ECity and its needs.
k14_4 See that the business affairs of the GCity are transacted in an efficient manner and that
accurate records of all ity business are maintained and made available to the public, except as
otherwise provided by state law.
k15_ Provide necessary and reasonable clerical, research and professional assistance to
boards within limitations of the budget.
k16_} Perform such other and further duties as the ECouncil may direct. (Ord. 05-4152, 3-1-2005)
B. The ECity Manager, in performing the foregoing duties, may:
k1_4 Present recommendations and programs to the GCouncil and participate in any discussion
by the GCouncil of any matters pertaining to the duties of the GCity n4,Manager.
k2_4 Cause the examination and investigation of the affairs of any department or the conduct of
any employee under supervision of the ity +;4Nianager.
k3_4 Execute contracts on behalf of the ECity when authorized by the ECouncil. (Ord. 85-3227, 3-
12-1985)
Section 4.05. Ineligibility; Prohibited Acts.
Except for the exercise of the right to vote, the c-City n4,Manager shall not take part in any election of
GCouncil members. This prohibition shall in no way limit the GCity Manager's duty to make available
public records as provided by state law or this c-Charter. (Ord. 76-2792, 1-2-1976)
ARTICLE V. BOARDS, COMMISSIONS AND COMMITTEES
Section 5.01. Establishment.
A. With the exception of the eCommunity Police ; eview -bBoard, the eCouncil may establish boards
in addition to those required by state law and shall specify the title, duties, length of term, qualifications of
members and other appropriate matters. fhe Council shall consider the available demographics of board
and commission members and applicants in making t#e+4appointments in an effort to make appointments
reflective of the community. The ECouncil may reduce or increase a board's duties, transfer duties from
one board to another or dissolve any board, except as otherwise provided by state law or this harter.
B. There shall be a permanent GCommunity i4.Eolice eview 1413oard, which shall have vested in it the
following minimum powers:
1. To hold at least one community forum each year for the purpose of hearing views on the policies,
practices, and procedures of the Iowa City olice dDepartment; and
2. To make recommendations regarding such policies, practices, and procedures to the ity
ouncil; and
3. To investigate claims of misconduct by sworn police officers and to issue independent reports of
its findings to the ity ouncil; and
4. The authority to subpoena witnesses. (Ord. 15-4621, 5-19-2015)
Section 5.02. Appointment; Removal.
The ECouncil shall, subject to the requirements of state law, seek to provide broad representation on all
boards. The ECouncil shall establish procedures to give at least thirty days' notice of vacancies before
they are filled and shall encourage applications by residents. Council procedures for the removal of
members shall be consistent with state law. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Ordinance No.
Page 8
Section 5.03. Rules.
A. The ouncil shall establish rules and procedures for the operation of all boards, which must
include but are not limited to, the adoption of by-laws and rules pertaining to open meetings and open
records. (Ord. 05-4152, 3-1-2005)
B. The ECouncil shall specify, for each board, methods for informal and formal communication with
ouncil, time schedules for the completion of reports requested by ouncil and such rules as it deems
appropriate.
C. A board may establish additional rules and procedures that are consistent with state law, ouncil
rules, and this harter. (Ord. 76-2792, 1-2-1976)
ARTICLE VI. CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations Son T-the Amount f Campaign Contributions.
The ouncil, by ordinance, shall prescribe limitations on the amount of campaign contributions made to
a candidate for election to aCouncil by a person as defined in this eCharter. (Ord. 95-3671, 3-28-1995)
Section 6.02. Disclosure Qof Contributions nd Expenditures.
The ouncil, by ordinance, may prescribe procedures requiring the disclosure of the amount, source
and kind of contributions received and expenditures made by (1) each candidate for election to ouncil
and (2) any and all other persons, for the purpose of aiding or securing the candidate's nomination or
election. (Ord. 05-4152, 3-1-2005)
Section 6.03. Definition.
Within this article "contribution" shall be defined as that term is defined in chapter 68A ("campaign
finance") of the ECode of Iowa. (Ord. 05-4152, 3-1-2005; amd. Ord. 15-4621, 5-19-2015)
Section 6.04. Violations.
The ouncil, by ordinance, shall prescribe: (1) penalties for the violation of the contribution limitations
and disclosure requirements it establishes pursuant to this ection; and (2) when appropriate, conditions
for the revocation of a candidate's right to serve on ouncil if elected, consistent with state law. (Ord. 05-
4152, 3-1-2005)
ARTICLE VII. INITIATIVE AND REFERENDUM
Section 7.01. General Provisions.
A. Authority.
1 Initiative. The eligible electors have the right to propose measures to the ouncil and, if the
GCouncil fails to adopt a measure so proposed without any change in substance, to have the measure
submitted to the voters at an election.
k2_4 Referendum. The eligible electors have the right to require reconsideration by the ECouncil
of an existing measure and, if the ouncil fails to repeal such measure, to have it submitted to the voters
at an election.
3 Definition. Within this article, "measure" means all ordinances, amendments, resolutions or
motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary
character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or
plan, as opposed to one providing for the execution or administration of a law, policy or plan already
enacted by ouncil.
B. Limitations.
k1_4 Subject Matter. The right of initiative and referendum shall not extend to any of the following:
{a_:) Any measure of an executive or administrative nature, including, but not limited to,
personnel decisions.
{b_} The ity budget.
{c_3 The appropriation of money.
{d_} The levy of taxes or special assessments.
{e_} The issuance of general obligation and revenue bonds.
Ordinance No.
Page 9
{f , The letting of contracts.
{g_} Salaries of ity employees.
{h_} Any measure required to be enacted by state or federal law.
{i_4 Amendments to this sCharter.
{j_4 Amendments affecting the ity zoning ordinance or the land use maps of the
comprehensive plan, including the district plan maps.
{k_3 Public improvements subsequent to ity ouncil action to authorize acquisition of
property for that public improvement, or notice to bidders for that public improvement, whichever occurs
earlier. "Public improvement" shall mean any building or construction work.
k2_4 Resubmission. No initiative or referendum petition shall be filed within two years after the
same measure or a measure substantially the same has been submitted to the voters at an election.
k3_4 Council Repeal, Amendment nd Reenactment. No measure proposed by initiative petition
and adopted by the vote of the ouncil without submission to the voters, or adopted by the voters
pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the
people, unless provision is otherwise made in the original initiative measure. No measure referred by
referendum petition and repealed by the vote of the ouncil without submission to the voters, or
repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote
of the people, unless provision is otherwise made in the original referendum petition.
C. Construction.
k1_4 Scope Gof Power. It is intended that this article confer broad initiative and referendum
powers upon the eligible electors of the ity.
k2_4 Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an
existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition
may amend an existing measure.
3 Referendum. It is intended that a referendum petition may repeal a measure in whole or in
part.
D. Effect Gof Filing Petition. The filing of an initiative or referendum petition does not suspend or
invalidate any measure under consideration. Such measure shall remain in full force and effect until its
amendment or repeal by ouncil pursuant to ection 7.05A or until a majority of the qualified electors
voting on a measure vote to repeal or amend the measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in
part does not affect any obligations entered into by the ity, its agencies or any person in reliance on the
measure during the time it was in effect. (Ord. 15-4621, 5-19-2015)
Section 7.02. Commencement Gof Proceedings; Affidavit.
A. Commencement. One or more qualified electors, hereinafter referred to as the "petitioners," may
commence initiative or referendum proceedings by filing with the ity Jerk an affidavit stating they will
supervise the circulation of the petition and will be responsible for filing it in proper form, stating their
names and addresses and specifying the address to which all relevant notices are to be sent, and setting
out in full the proposed initiative measure or citing the measure sought to be reconsidered.
B. Affidavit. The GCity GClerk shall accept the affidavit for filing if on its face it appears to have
signatures of one or more qualified electors. The ity Jerk shall issue the appropriate petition forms to
the petitioners the same day the affidavit is accepted for filing. The eCity eClerk shall cause to be
prepared and have available to the public, forms and affidavits suitable for the commencement of
proceedings and the preparation of initiative and referendum petitions. (Ord. 05-4152, 3-1-2005)
Section 7.03. Petitions; Revocation f Signatures.
A. Number f Signatures. Initiative and referendum petitions must be signed by eligible electors
equal in number to at least ten percent (10%) of the number of persons who voted in the last regular ity
election, but such signatures of eligible electors shall be no fewer than ten. (Res. 16-258, 8-29-
2016)[November 2016 Special Election]
B. Form nd Content. All papers of a petition prepared for filing must be substantially uniform in size
and style and must be assembled as one instrument. Each person signing shall provide, and the petition
form shall provide space for, the signature, printed name, address of the person signing and the date the
Ordinance No.
Page 10
signature is executed. Petitions prepared for circulation must contain or have attached thereto throughout
their circulation the full text of the measure proposed or sought to be reconsidered. The petition filed with
the ECity GClerk need have attached to it only one copy of the measure being proposed or referred.
C. Affidavit Qof Circulator. Each paper of a petition containing signatures must have attached to it
when filed an affidavit executed by an eligible elector certifying: the number of signatures on the paper,
that the elector personally circulated it, that all signatures were affixed in his ^r "er +"oar
the elector'F presence, that the electo believe them to be genuine signatures of the
persons whose names they purport to be and that each signer had an opportunity before signing to read
the full text of the measure proposed or sought to be reconsidered. Any person filing a false affidavit will
be liable to criminal penalties as provided by state law.
D. Time or Filing Initiative Petitions. Signatures on an initiative petition must be secured and the
petition filed within six months after the date the affidavit required under ection 7.02A was filed.
E. Time or Filing Referendum Petitions. Referendum petitions may be filed within sixty days after
final adoption by the ouncil of the measure sought to be reconsidered, or subsequently at any time
more than two years after such final adoption. The signatures on a referendum petition must be secured
during the sixty days after such final adoption; however, if the petition is filed more than two years after
final adoption, the signatures must be secured within six months after the date the affidavit required under
ection 7.02A was filed.
F. Revocation 9of Signature. Prior to the time a petition is filed with the ECity lerk, a signatory may
revoke A-1: her their signature for any reason by filing with the GCity sClerk a statement of his Aper
their intent to revoke his;-Ar her heir signature. After a petition is filed a signatory may not revoke his Ar
#their signature. The eCity GClerk shall cause to be prepared and have available to the public, forms
suitable for the revocation of petition signatures. (Ord. 15-4621, 5-19-2015)
Section 7.04. Procedure Aafter Filing.
A. Validity Gof Aa Petition. A petition is valid if it contains the minimum required signatures by eligible
electors in the required form and with the required content and accompanied by the affidavit of circulator
as set forth in sSection 7.03. The petition shall be examined by the GCity sClerk before it is accepted for
filing. If the petition appears valid on its face it shall be accepted for filing. If it lacks the required number
of signatures it shall be considered invalid and returned to the petitioners. Petitions which have been
accepted for filing are valid unless written objections are filed with the ECity G lerk within five working
days after the petition is received.
B. Hearing ��un Objections; Objections Committee. Written objections timely filed with the ity Jerk
shall be considered by an objections committee made up of the ayor and ity Jerk and one
member of the sCouncil chosen by the ouncil by ballot, and a majority decision shall be final. The
hearing on the objections shall be held within ten days of receipt of the objections.
C. Court Review. To the extent allowed by law, court review of the eObjections sCommittee's actions
shall be by writ of certiorari. (Ord. 15-4621, 5-19-2015)
Section 7.05. Action n Petitions.
A. Action y Council. When an initiative or referendum petition has been determined valid, the
ECouncil shall promptly consider the proposed initiative measure or reconsider the referred measure. If
the sCouncil fails to adopt a proposed initiative measure and fails to adopt a measure which is similar in
substance within sixty days, or if the ouncil fails to repeal the referred measure within thirty days after
the date the petition was finally determined valid, it shall submit the proposed or referred measure to the
qualified electors of the ity as hereinafter prescribed. If at any time more than thirty days before a
scheduled initiative or referendum election the ouncil adopts the proposed initiative measure or adopts
a measure which is similar in substance or if the ouncil repeals a referred measure, the initiative or
referendum proceedings shall terminate and the proposed or referred measure shall not be submitted to
the voters.
B. Submission o Voters.
_k1_4 Initiative. If required by this section, Tthe vote of the ECity on a proposed measure shall be
held at the rani filar Gity G_r ;+ the geReFal legally permissible
election date more than forty days after the expiration of the sixty day period provided for consideration in
Ordinance No.
Page 11
ection 7.05A, provided that the initiative petition was filed no ls-fewer than 80 days prior to the
deadline imposed by state law for the submission of ballot questions to the &Commissioner of eElections.
_k2_4 Referendum. If required by this section, Tthe vote of the &City on a referred measure shall
be held at the reg iiar ^ity oioG+iGn „r at the general ono, +i.,r,yVhir-h AeXt GG61FG first legally permissible
election date more than forty days after the expiration of the thirty day period provided for reconsideration
in &Section 7.05A, provided that the referendum petition was filed no fewer than 50 days prior to the
deadline imposed by state law for the submission of ballot questions to the &Commissioner of Iections.
The-louncil may provide for a special referendum election on a referred measure any time more than
120 days after the filing of the referendum petition with the ity Ierk.
C. Ballot. Copies of the proposed or referred measure shall be made available to the qualified electors
at the polls and shall be advertised at the &City's expense in the manner required for "questions" in
section 376.5 of the Iowa Code. The subject matter and purpose of the referred or proposed measure
shall be indicated on the ballot. (Ord. 15-4621, 5-19-2015)
Section 7.06. Results 9of Election,
A. Initiative. If a majority of the qualified electors voting on a proposed initiative measure vote in its
favor, it shall be considered adopted upon certification of the election results. The adopted measure shall
be treated in all respects in the same manner as measures of the same kind adopted by the ouncil,
except as provided in &Section 7.01 B(3). If conflicting measures are approved by majority vote at the
same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of
such conflict.
B. Referendum. If a majority of the qualified electors voting on a referred measure vote in favor of
repealing the measure, it shall be considered repealed upon certification of the election results. (Ord. 15-
4621, 5-19-2015)
Section 7.07. Prohibition Son Establishment 9of Stricter Conditions r Requirements.
The ouncil shall not set, except by &Charter amendment, conditions or requirements affecting initiative
and referendum. (Ord. 15-4621, 5-19-2015)
ARTICLE Vill. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter Amendments.
This &Charter may be amended only by one of the following methods:
A. The &Council, by resolution, may submit a proposed amendment to the voters at the first legally
permissible election date consistent with Section 7.05(B) of this Charter speGiai ^ity eleGtiG1 and the
proposed amendment becomes effective when approved by a majority of those voting.
B. The &Council, by ordinance, may amend the &Charter. However, within thirty (30) days of
publication of the ordinance, if a petition valid under the provisions of section 362.4 of the &Code of Iowa
is filed with the &Council, the &Council must submit the amending ordinance to the voters at the first
legally permissible election date consistent with Section 7.05(B) of this Charter GpeGiai ty eleGti.,r and
the amendment does not become effective until approved by a majority of those voting.
C. Petitio, is.
1. Action by Council. If a petition valid under the provisions of section 362.4 of the &Code of Iowa
is filed with the &Council proposing an amendment to the &Charter, the Council shall promptly consider
the proposed amendment. If the Council fails to adopt a proposed amendment which is similar in
substance within sixty days, it shall submit the proposed amendment to the qualified electors of the City
as hereinafter prescribed. If at any time more than thirty days before the scheduled election the Council
adopts a proposed amendment which is similar in substance, the amendment proceedings shall
terminate and the proposed amendment shall not be submitted to the voters.
2. Amendment. If required by this section, the vote of the City on the proposed amendment shall
be held the mist ihmi+ the prepesord ameap dmon+ +n the yetors at the first legally permissible
Ordinance No.
Page 12
election date consistent with Section -7�.� 8.01(C)(1) of this Chartela speGial Gity eleGtien, and the
amendment becomes effective if approved by a majority of those voting. (Ord. 05-4152, 3-1-2005)
A-.3.Ballot. Copies of the proposed amendment shall be made available to the qualified electors at
the polls and shall be advertised at the Citv's expense in the manner required for "questions" in section
376.5 of the Iowa Code. The subject matter and purpose of the proposed amendment shall be indicated
on the ballot.
Section 8.02. Charter Review Commission.
The sCouncil, using the procedures prescribed in aArticle V, shall establish a sCharter r-Review
scommission at least once every ten years following the effective date of this sCharter. The
sCommission, consisting of at least nine members, shall review the existing sCharter and may, within
twelve months recommend any sCharter amendments that it deems fit to the sCouncil. The sCouncil shall
either exercise its power of amendment pursuant to sSection 8.01 B of the sCharter on a matter
recommended by the sCommission or submit such amendments to the voters in the form prescribed by
the sCommission, and an amendment becomes effective when approved by a majority of those voting.
(Ord. 05-4152, 3-1-2005)
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 2025.
Mayor
Attest:
City Clerk
Approved by
City Attorney' ice - 0'1 /16/2025
Ordinance No.
Page -L
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
Vacant
Harmsen
Moe
Salih
Teague
First Consideration January 21, 2025
Vote for passage: AYES: Alter, Bergus, Harmsen, Moe, Salih, Teague
NAYS: None
ABSENT: None
Second Consideration _
Vote for passage:
Date published