HomeMy WebLinkAboutORD 25-4965 - Zoning Code Text Amendment Neighborhood Open Space - PUBLISH 09-11-251
Ordinance No. 25-4965
Ordinance amending Title 14, Zoning Code and Title 15, Land Subdivision,
to update the Neighborhood Open Space Requirements (REZ25-0012)
Whereas, neighborhood open space is considered a vital part of Iowa City’s community and often serves as a focal point of neighborhood activity; and
Whereas, attractive open space enhances and serves the immediate and future needs of area residents in the same way as other capital improvements such as streets, water mains, and sanitary and storm sewers serve residents of a neighborhood; and
Whereas, it is the intent of the City of Iowa City, Iowa, to ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner consistent with the Parks Master Plan adopted on September 19, 2017 (Resolution No. 17-309), and that the method of assuring such open space is calculated in a predictable and reasonable way as development occurs in the City; and
Whereas, the City of Iowa City, Iowa has determined that new subdivisions impact existing neighborhood open space, as well as a need for additional neighborhood open space; and
Whereas, the provision of neighborhood open space through dedication and/or the payment of
fees to be used for land acquisition in lieu of dedication is a reasonable and objective method for addressing and alleviating such impact, and also promoting and protecting the public health, safety and welfare of the residents of Iowa City; and
Whereas, the current neighborhood open space requirements, adopted in 1994 (Ordinance No. 94-3648), are based on maximum residential density, and significant zoning code updates since that time have rendered this formula unworkable in some cases; and
Whereas, the adoption of the Form-Based Code and Standards allows a wide range of housing types, resulting in theoretical maximum densities that do not reflect likely development patterns, and thereby distort the open space calculation; and
Whereas, some zoning districts, such as those in the Riverfront Crossings District and the Central Business District, do not have maximum density standards, making the existing open space formula infeasible to implement; and
Whereas, the City seeks to adopt a new open space formula that is predictable and functional across all zoning districts, regardless of density assumptions; and
Whereas, the inclusion of a 10% cap on the neighborhood open space requirement ensures that the amount of land or fee in-lieu contribution remains proportional to the scale of the development, preventing disproportionately high burdens on projects with smaller sites or higher densities; and
Whereas, the Planning and Zoning Commission reviewed the zoning code amendments set forth below at the July 16, 2025 meeting and recommended approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend 14-5K-1, Purpose, by deleting the strikethrough text and adding the underlined text:
The neighborhood open space requirements ensure that adequate usable neighborhood open space, parks and recreation facilities are provided in a manner that is consistent with the neighborhood open space parks master plan, as amended, by using a calculable
method to equitably apportion the costs of acquiring and developing land for those purposes. The provisions of this article require development, which creates increased needs for neighborhood open space ("open space impact"), to pay a proportionate share of the city's capital improvements to fulfill said open space impact. Usable neighborhood open space includes pedestrian/bicycle trails, preferably located within natural greenway systems, private open space that is publicly accessible, and neighborhood parks that serve nearby residents. Portions of larger community parks may be adapted for neighborhood use, but this article is not intended to fund the acquisition of community parks or large playing fields for organized sports. This article is also intended to encourage, wherever reasonably feasible, the dedication of sensitive areas in conjunction with usable open space. (Ord. 05-4186, 12-15-2005)
B. Amend 14-5K-2, Applicability, by deleting the strikethrough text and adding the underlined text:
As a condition of approval for preliminary plats containing residential uses residential
subdivisions, and commercial subdivisions containing residential uses, and planned developments, the applicant shall dedicate land, pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the
city and in accordance with the provisions of this article. (Ord. 05-4186, 12-15-2005)
C. Amend 14-5K-3, Dedication of Land, by deleting the strikethrough text and adding the underlined text:
A. Amount Of Land To Be Dedicated: The amount of land dedication shall be determined by the following formula. This formula is deemed a reasonable calculation of the additional need for neighborhood open space created by the subject subdivision or planned development.
A x 0.65DU x PDU x 3/1000, where
A = Acres of undeveloped property;
DU = Maximum dwelling units per undeveloped acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone);
0.65 = This percentage figure reflects the average development density occurring in Iowa City;
# of units x PDU x 3/1000, where
# of units = Number of new units is determined as noted in the Table 5K-1;
PDU = Persons per dwelling unit based on the most recent census; and
3/1,000 = The community standard of a Acres for of active neighborhood open space required per 1,000 persons, as determined by the formulas set out in the neighborhood open space plan, as amended.
Table 5K-1: Determining Unit Number
Zone Unit Number Determined by
Single-Family Residential Allowable units based on the following dimensional requirements: Lot size, Lot frontage, and Lot width
Multi-Family Residential and Commercial Zones (with residential uses)
For every platted lot: Maximum dwelling units per undeveloped acre (43,560 divided by the minimum lot area requirement for the highest density residential use allowed in the subject base zone) x 0.65
River Front Crossings and Eastside Mixed Use Districts Unit number to be provided by developer at submittal of preliminary plat application
Form-Based Total unit number on Neighborhood Plan
Planned Development Overlays (OPDs) Total unit number on Preliminary OPD Plan
B. Dedication Cap: The maximum land dedication requirement is 10% of the total acres of land being developed.
B. C. Nature Of Land To Be Dedicated: Except as otherwise required by the city, all dedications of land shall meet the following criteria:
1. Usability: At least ninety percent (90%) of the land required to be dedicated shall be located outside of floodways, lakes or other water bodies, areas with slopes greater than fifteen percent (15%), wetlands subject to federal or state
regulatory jurisdiction and other areas the city reasonably deems unsuitable for neighborhood open space due to topography, flooding or other appropriate considerations. Dry bottom storm water detention facilities and dry creek areas
may be credited toward reaching a portion of the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. Pedestrian/bicycle trails and private open space that is publicly accessible may be credited toward reaching the required land dedication when the city determines that such areas are suitable for use as neighborhood open space. The city encourages the dedication of lakes, ponds, creeks, other water bodies, wetlands falling under the jurisdiction of state or federal agencies and other sensitive areas including woodland areas, both as ten percent (10%) of and in addition to the dedicated land required by this article, if sufficient abutting land is dedicated as a usable, public recreation area or park.
2. Unity: The dedicated land shall form a single parcel of land, except where the city determines that two (2) or more parcels or greenways/trails would best serve the public interest, given the type and distribution of neighborhood open space needed to adequately serve the proposed development. If the city
determines that two (2) or more parcels would best serve the public interest, the city may require that such parcels be connected by a dedicated strip of land at
least twenty feet (20') wide in order to provide access and continuity between said parcels.
3. Location: The dedicated land shall be located so as to reasonably serve the recreation and open space needs of the residents of the subdivision or planned development.
4. Shape: If a sufficient amount of land is dedicated to accommodate recreational facilities and activities, such as fields, courts or playground equipment, the shape of the dedicated land shall be suitable for such facilities and activities. Linear open space should be of sufficient width to accommodate trails and adjacent greenways.
5. Access:
a. Greenways/Trails: Public access to greenways/trails shall be provided by a public access easement at least twenty feet (20') in width. In addition, greenways/trails shall be connected to existing or proposed greenways/trails on adjacent property.
b. Parks: Public access to the dedicated land to be used for parks shall be provided either by adjoining public street frontage or by a dedicated public access easement at least fifty feet (50') in width, which connects the dedicated land to a public street or right of way. The grades adjacent to
existing and proposed streets shall permit reasonable access to the dedicated land. The parcel shall be safely accessible to pedestrian traffic.
6. Responsibility For Site Preparation:
a. The city may require the subdivider or developer to grade and seed those portions of the dedicated land to be improved prior to dedication of the property and prior to the city's acceptance of the dedication.
b. Where the dedicated land is located adjacent to a street, the subdivider or developer shall remain responsible for the installation of utilities, sidewalks and other improvements required along that street segment.
c. Prior to dedication, the subdivider or developer shall be responsible for restoring satisfactory ground cover and controlling erosion on land to be dedicated that has been disrupted as a result of development activities by the subdivider or developer.
D. C. Procedure For Dedication Of Land:
1. The dedication of land shall be reviewed as part of the preliminary subdivision plat or preliminary planned development plan, whichever is applicable. The subdivider or developer shall designate the area or areas of land to be
dedicated pursuant to this article on the preliminary subdivision plat or planned development plan. Where wetlands have been delineated on the property, the preliminary subdivision plat or planned development plan shall also identify the
boundaries of such wetlands.
2. Upon receipt of the preliminary subdivision plat, the director of planning and community development (PCD) director of neighborhood & development
services (NDS) shall submit a copy to the director of parks and recreation director of the department of parks and recreation for review by the parks and recreation commission. The parks and recreation commission shall submit
recommendations concerning the land to be dedicated to the planning and zoning commission within twenty-one (21) business days of the receipt of a
complete application for preliminary subdivision plat or preliminary planned development.
3. Once the final subdivision plat or final planned development is approved, and
any public improvements required to be installed by the subdivider or developer within the land to be dedicated have been installed, approved, and accepted by the city, and the subdivider or developer has completed site preparation pursuant to subsection B6 of this section, the subdivider or developer shall provide a properly executed warranty deed conveying the dedicated land to the city within two (2) years of final plat approval (or final planned development approval) or by the time the city issues fifty percent (50%) of the certificates of occupancy for the subdivision, at the discretion of the city, or as otherwise specified in the subdivider's or developer agreement.
4. The city shall formally accept the dedication of land for open space, parkland or greenways/trails by resolution. (Ord. 05-4186, 12-15-2005)
D. Amend 14-5K-4, Payment of Fees in Lieu, by deleting the strikethrough text and adding the underlined text:
A. General: The payment of fees in lieu of dedication of land may occur at the request of
the subdivider or developer with approval by the city, or may be required by the city. The payment of fees in lieu of land dedication shall be reviewed and approved as part of the preliminary subdivision plat or preliminary planned development.
B. Request By Subdivider Or Developer:
1. If a payment in lieu of open space is requested, the subdivider or developer must include such request in a letter submitted with the application for a preliminary
subdivision or preliminary planned development, whichever is applicable.
2. The PCD director director of neighborhood & development services (NDS) will forward a copy of the preliminary subdivision plat or preliminary planned development, along with a copy of the letter requesting payment of fees in lieu of land dedication to the director of the department of parks and recreation for review by the parks and recreation commission. The commission shall submit any and all recommendations concerning the payment of fees in lieu of dedication to the planning and zoning commission within twenty one (21) business days of the date a complete application for preliminary subdivision plat or planned development is submitted.
3. The planning and zoning commission will consider the request for payment of
fees in lieu of land dedication during the subdivision or planned development review process and forward its recommendations to the city council.
C. Determination Of Fees In Lieu Of Dedication Criteria: The city may, at its discretion,
require the payment of fees in lieu of the subdivider dedicating land, if the city finds that all or part of the land required for dedication is not suitable for public recreation and open space purposes, or upon a finding that the recreational needs of the
proposed subdivision can be met by other park, greenway, or recreational facilities planned or constructed by the city within reasonable proximity to the subdivision. The city shall consider the following factors in making its determination:
1. Recreational and open space elements of the city comprehensive plan, as amended, and the relation of the subdivision to the proposed open space and
recreational areas;
2. Topographic and geologic conditions of the land available for dedication;
3. Size, shape, location of and access to the land available for dedication;
4. The character and recreational needs of the neighborhood where the subdivision is located;
5. The costs of developing open space and recreational areas in the subdivision;
6. The actual or potential development of open space and recreational areas on land adjacent to the subdivision which will serve the needs of the subdivision;
7. Recommendations of staff, the parks and recreation commission and the planning and zoning commission; and
8. Any other relevant information.
D. Time Of Payment: Fees in lieu of dedication must be paid in full by the subdivider/developer prior to the issuance of the first building permit for a lot in the subdivision or planned development.
E. Amount Of Payment: The fee shall be equal to the fair market value of the land that otherwise would have been required for dedication. The fair market value of the undeveloped land shall be determined by a qualified real estate appraiser or by other
means who is acceptable to both the city and the subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005)
E. Amend 14-5K-5, Requiring Both Dedication of Land and Payment of Fee, by deleting the strikethrough text and adding the underlined text:
The city may, at its discretion, require a subdivider or a developer of a planned
development to dedicate a portion of the land required under the formula set forth in this article, and also to pay a fee in lieu of dedication for the remaining portion of the land by said formula. The fee for the remaining portion shall be determined by a qualified real estate appraiser or by other means who is acceptable to both the city and subdivider or developer. The city and subdivider/developer will equally share the appraisal costs. (Ord. 05-4186, 12-15-2005)
F. Amend 14-5K-6, Use of Funds, by deleting the strikethrough text and adding the underlined text:
A. The neighborhood open space district boundary map (see figure 5K-1 of this section), divides the city into neighborhood open space districts. All payments in lieu of dedication shall be deposited in a special neighborhood open space account
designated by the name of the contributing development. All payments will be used to acquire or develop open spaces, parks, recreation facilities and greenways/trails that are located within the neighborhood open space district containing the subject
subdivision or planned development and will benefit the residents of the subdivision or planned development for which payment has been made.
FIGURE 5K-1
Neighborhood Open Space District Boundary Map
B. The city must use the payment in lieu of dedication within five (5) years from the date received. This period will be automatically extended an additional five (5) years if the
subdivider/developer has not constructed at least fifty percent (50%) of the units within the subdivision or planned development for which payment in lieu of dedication has been made.
C. If the city has not spent the funds by the last day of the five (5) year period or, if extended, by the last day of an additional five (5) years, the city shall, within ninety (90) days thereafter, mail to the property owner, at the address on file with the Johnson County treasurer's office, a proportional refund based on the percentage of the platted lots they own of the total platted lots in the subdivision or planned development. The subdivider's agreement/development agreement for each subdivision/planned development for which the subdivider/developer has made payments in lieu of dedication shall inform all property owners and successors in interest to properties in the subdivision/planned development of the right to a refund as provided for herein. (Ord. 05-4186, 12-15-2005)
G. Amend 15-3-5, Neighborhood Open Space Requirements, by deleting the strikethrough text and adding the underlined text:
A. Intent And Purpose: The neighborhood open space requirements are intended to ensure provision of adequate usable neighborhood open space, parks and recreation
facilities in a manner that is consistent with the neighborhood open space parks master plan, as amended, by using a fair and reasonably calculable method to equitably apportion the costs of acquiring and/or developing land for those purposes.
Active, usable neighborhood open space includes pedestrian/bicycle trails preferably located within natural greenway systems, private open space that is publicly
accessible, and also includes neighborhood parks that serve nearby residents. Portions of community parks may be adapted for neighborhood use, but this chapter is not intended to fund the acquisition of community parks or large playing fields for
organized sports.
B. Dedication Of Land Or Payment Of Fees In Lieu Of Land Required: The dedication of land shall be reviewed as part of the preliminary subdivision plat. As a condition of approval for preliminary plats containing residential uses residential subdivisions and commercial subdivisions containing residential uses, the applicant shall dedicate land or pay a fee in lieu of land, or a combination thereof, for park, greenway, recreational and open space purposes, as determined by the city and in accordance with the provisions of title 14, chapter 5, article K, "Neighborhood Open Space Requirements", of this code. (Ord. 08-4313, 8-26-2008)
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication in accordance with Iowa Code Chapter 380.
Passed and approved this 2nd day of September 2025. s/Bruce Teague, Mayor
Attest:s/ Kellie Grace, City Clerk *Submitted to publish on 09/11/2025