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HomeMy WebLinkAbout10-15-2025 Planning & Zoning CommissionPLANNING AND ZONING COMMISSION Wednesday, October 15, 2025 Formal Meeting - 6:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Consider a recommendation on the Proposed Renewal and Expansion of the Self - Supported Municipal Improvement District for Downtown Iowa City. 5. Meeting Minutes: August 27, 2025 6. Meeting Minutes: September 3, 2025 7. Planning and Zoning Information 8. Adjournment If you will need disability -related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or arussett(a-)iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: November 5 / November 19 / December 3 Informal: Scheduled as needed. � r CITY OF IOWA CITY MEMORANDUM -SAL - CITY OF IOWA CITY UNESCO CITY OF LITERATURE Date: October 9, 2025 To: Planning & Zoning Commission From: Rachel Kilburg Varley, Economic Development Coordinator Re: Evaluative Report on a Proposed Renewal and Expansion of the Downtown Self - Supported Municipal Improvement District (SSMID) Introduction The City has received, and City Council has forwarded for your review, a petition by property owners for a proposed renewed and expanded Downtown Iowa City Self -Supported Municipal Improvement District (SSMID) district. The petition requests the renewal and expansion of the existing Iowa City Downtown SSMID. Following this report is a cover letter from the Executive Director of the Iowa City Downtown Self Supported Municipal Improvement District, dba Iowa City Downtown District (ICDD), a copy of the petition including a map of the existing and proposed expanded district boundaries, and a copy of Iowa Code Chapter 386 regarding the establishment and operation of SSMIDs. Iowa Code Chapter 386 defines the establishment and operation of SSMIDs. Submission of a petition is the first step in the process of creating or renewing a SSMID. Iowa Code states that the SSMID petition must be signed by at least 25% of the property owners and representing at least 25% of the assessed value of the proposed district. Staff verified the petition filed on September 12, 2025 meets these two thresholds and notified City Council of the receipt of the petition. At the October 7, 2025 City Council meeting, the Council referred the petition to the Planning and Zoning Commission, which, pursuant to Iowa Code, "shall with due diligence, prepare an evaluative report for the Council on the merit and feasibility of the project." This memo outlines considerations for the Planning and Zoning Commission to complete such review. After receiving the evaluative report from Planning and Zoning, Council may then set a public hearing on the proposed ordinance establishing the SSMID. Notice of such public hearing is published and mailed by certified mail to each property owner within the proposed district at least 15 days before the public hearing occurs. Finally, City Council must wait at least 30 days after the public hearing to adopt the SSMID Ordinance. Background A SSMID is a self-imposed additional taxing district that will levy a tax on the properties within the specified district. The Downtown Iowa City SSMID was first established on December 6, 2011 for a period of four years at a levy rate of $2 per $1,000 of taxable value. The ICDD is the organization which was created to manage and oversee the new SSMID. On December 15, 2015, the SSMID was renewed for an additional 10 years (expiring June 30, 2026) with expanded boundaries at a October 9, 2025 Page 2 levy rate of $2 per $1,000 of taxable value for the first five years and $2.50 per $1,000 of taxable value for the remaining five years. Iowa City Downtown District SSMID Renewal Petition In advance of the June 30, 2026 expiration date on the current SSMID authorization, ICDD is again seeking SSMID renewal. The proposed renewed SSMID District includes properties located in the Downtown, Northside Marketplace, and portions of the Riverfront Crossings District (see map within the attached petition). Affected properties are currently zoned CO1, CB-2, CB-5, CB- 10, MU, RFC, CC2, and PRM. Funds generated from the SSMID levy are used for the purposes of paying the administrative and operational expenses of the district, as defined and authorized by state law. Chapter 386 of the Iowa Code allows for a SSMID to levy taxes for three purposes within a SSMID District: operations, capital improvements, and debt service. In summary, the attached petition for the renewed and expanded Iowa City Downtown SSMID proposes: 1. To re-establish the original area and expand the boundaries of the SSMID. 2. To re-establish the SSMID for 10 years, beginning July 1, 2026 and ending June 30, 2036. 3. To levy an annual tax upon property defined in the Iowa Code, excluding property taxed as residential or property exempt from taxation, at a levy rate not to exceed two dollars and fifty cents ($2.50) per one thousand dollars ($1,000) taxable value for the period of July 1, 2026 through June 30, 2033 and a maximum levy rate of two dollars and seventy- five cents ($2.75) for the period of July 1, 2033 through June 30, 2036. 4. To apply the SSMID levy revenues in support of services, including but not limited to, business retention and attraction, marketing, advertising, business support services, establishment and promotion of special events, festivals, and activities; physical or other improvements designed to enhance the image and appearance of the district, including but not limited to, enhanced cleaning, lighting improvements, decorative enhancements, signage and campaign banners, landscape, and public or private art; and to employ an Executive Director and staff who shall work for the Board of Directors and manage the work of the Iowa City Downtown SSMID. 5. To execute an Operating Agreement between the City and Iowa City Downtown District Board of Directors, a 501(c)(6) non-profit organization comprised of up to 24 Board members representing the district property and business owners and stakeholders. 6. Because part of the proposed District is located within the boundaries of a Tax Increment Financing (TIF) District, it is the intent of the petition that the City will reimburse the District for any SSMID levy captured against all TIF properties within the District, unless the ICDD and City execute a formal agreement otherwise. Evaluative Report October 9, 2025 Page 3 Iowa Code Chapter 386 requires the Planning and Zoning Commission to prepare, with "due diligence," an "evaluative report" for the City Council on the "merit" and "feasibility" of the SSMID project. These terms are not defined by statute and thus should be given their ordinary meanings. The following is a list of items that the Commission may want to consider in drafting its report. This list should not be considered all-inclusive. 1. Whether the property in the proposed district meets all the criteria established in Section 386.3(1): The Iowa City Downtown SSMID ( also herein referred to as the "District') petition appears to meet the minimum requirements of Iowa Code Section 386.3(1), which states that a district shall: a) "(b]e compromised of contiguous property... zoned for commercial or industrial uses" and be "located wholly within the boundaries of the city, b) (b]e given a descriptive name containing the words 'self-supporting municipal improvement district', and c) be comprised of property related in some manner...." The District is comprised of contiguous property zoned for commercial use and is within the boundaries of the City of Iowa City. The petition states that the District is entitled "Iowa City Downtown Self -Supported Municipal Improvement District." Finally, the property within the District is related in that it is physically located in Iowa City, is contiguous, and serves as a commercial hub for the community. 2. Whether the petition submitted is sufficiently clear and contains the requisite number of signatures from property owners representing the necessary assessed value of all the taxable property within the proposed district: • The District petition provides detailed explanations of the proposed operations of the SSMID and the requirements of SSMID property owners. Staff has reviewed the petition and verified the signatures of at least twenty-five percent of all the owners of property within the proposed district have signed the petition, and that these signatures together represent ownership of property with an assessed value of at least twenty-five percent of the assessed value of all of the property in the proposed district per Iowa Code Section 386.3(2)(a). 3. Whether the petition sufficiently describes the boundaries of the district or provides a consolidated description of the property contained therein: • The petition provides a legal description of the boundaries of the District, and a map indicating the parcels of land included within the District per Iowa Code Section 386.3(2) (b). 4. Whether a maximum rate of tax that may be imposed upon the property within the district and the purposes for which it may be levied are set forth; October 9, 2025 Page 4 The District petition establishes a maximum tax rate of $2.50 per $1,000 of assessed value for the first seven years of the authorization, and a maximum tax rate of $2.75 per $1,000 of assessed value for the remaining three years. This meets the requirement of Iowa Code Section 386.3(2)(d). The petition states the purpose of the tax is to provide new, additional or enhanced services within the District. 5. Whether the purpose of the district is adequately described, as well as any improvements or other project activities that may be the subject of the petition: As stated in Item 4 on Page 2, the petition states that the purpose of the District is to provide for new, additional or enhanced services within the District. In particular, the petition details how revenues collected for the District Operating Fund may be used in support of the provision of services, physical or capital improvements, and hiring of an Executive Director and staff. 6. Whether the proposed district or improvements would conflict in any way with any existing laws, plans or City policies, including comprehensive plans, zoning ordinances, local or regional development plans or programs, local, state or federal laws or regulations or other established special districts: • The operations, services, and improvements that can occur under the proposed District do not appear to conflict with any existing laws, plans or policies. The District overlaps with the City -University Urban Renewal Area. Under previous authorizations and as proposed for renewal, the SSMID petition does not conflict with the goals or purposes of this Urban Renewal Area. The petition outlines how tax revenue captured by TIF shall be reimbursed back to the Proposed District. 7. Whether the taxes proposed, if any, will be sufficient to pay the anticipated costs or other expenses. • The revenue generated from the proposed SSMID would be approximately $1,00,000 per year. This amount would be sufficient to adequately staff the organization, and to cover costs associated with marketing, projects, programs, services, and improvements in the District. 8. Whether the formation of the district is consistent with or in furtherance of other identifiable City policies or goals: One of the principal goals of the Comprehensive Plan is to foster an environment in the Downtown area that is attractive to new employers, is pedestrian -oriented, and has strong cultural, commercial, and residential character. October 9, 2025 Page 5 • The Downtown and Riverfront Crossings Master Plan clearly outlines a number of aligned goals and priorities for investment in the downtown, south downtown, and central crossings areas covered by the proposed District boundaries. The City Council Strategic Plan includes several goals and priorities related to establishing Iowa City as a strong business community, cultivating the business ecosystem, partnering for desirable development, and creating inviting and active outdoor spaces for the community. • The District petition states that one of the purposes of the SSMID is to provide physical enhancements to improve the image and appearance of the District, including lighting, signage, landscaping, and public art. The review by the Planning and Zoning Commission on the merits and feasibility of the Proposed District could consider the above points and should focus on ensuring that the petition meets the requirements of Iowa Code Chapter 386, and that: • The operational activities (as defined in Iowa Code Section 386. of the District are appropriate in relation to existing laws, plans and policies; and • The means to implement the proposal appear reasonably calculated to accomplish the District objectives. Recommendation In this context, staff recommends that the District petition be recommended for approval and the draft Evaluated Report attached hereto be forwarded to the City Council for their consideration. rx 2075 SEP 12 PM 3: SP i()VIA CIT'S September 11, 2025 Mayor Teague and City Council City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Request to Renew the Self -Sustaining Municipal Improvement District Mayor Teague and City Council Members, The Iowa City Downtown District (ICDD) is pleased to submit the petition to reauthorize the Self -Sustaining Municipal Improvement District (SSMID) for your consideration and approval. As you may know, the Iowa City Downtown District (ICDD) is responsible for overseeing the Self -Supported Municipal Improvement District (SSMID). We are authorized to invest those funds to promote our geography as a progressive, healthy, and culturally vibrant urban center. Under the current arrangement, the SSMID contributes roughly 45% of ICDD's revenue, which is used to support revitalization efforts in Downtown Iowa City. The SSMID was first authorized by the City Council to begin on January 1, 2012. The existing SSMID authorization is scheduled to expire on June 30, 2026, so ICDD has petitioned its stakeholders to renew the SSMID and its terms to ensure this work continues. Approval of this petition by Council would allow the SSMID levy to continue through June 30, 2036. The proposal brought before you has been modified by the ICDD Board of Directors to reflect changing local conditions and to align with the goals set out in the organization's Strategic Plan. These changes include expanding the geographic boundaries of the district, enhancing the scope and depth of services provided, and making Board composition more inclusive. These modifications have been developed through extensive member and stakeholder input and enjoy significant and meaningful support. Summary of 2026-2036 SSMID Petition Terms: PURPOSE — Mission remains the same BOUNDARIES — Expansion to the South boundary, North boundary, and East boundary. TERM — 10 years (2026 — 2036) LEVY RATE — $2.50/$1,000 taxable value for 7 years with an option to increase the rate by $.25 in 2033 with Council approval if deemed necessary by the Board of Directors. The threshold for a successful SSMID petition requires signatures from 25% of unique property owners and signatures from property owners with 25% of the assessed value. We have exceeded these thresholds. The level of support demonstrates the success of the Iowa City Downtown District's ability to target the SSMID funds towards initiatives that property owners have found valuable and necessary. Nearing the end of our fourteen -year operating term, we have much to celebrate, many to thank, and we hope City Council will agree to approve the new SSMID terms to keep building on this momentum Downtown. Over the past decade and more, the Iowa City Downtown District has established itself as a trusted advocate for the community and a strong partner with City staff, businesses, and residents alike. Together, we have launched and maintained a robust Clean & Safe program, championed public art and placemaking initiatives that bring character and vitality to the area, and curated a full calendar of events that drive energy and visitation year-round. We have strengthened urban design principles, advanced business attraction and retention efforts, and coordinated communication and planning for major streetscape improvements. These collective efforts have helped Downtown become more welcoming, vibrant, and environmentally sustainable, with the rise of a unified voice serving as one of our greatest achievements. We would appreciate the City Council's consideration of this petition and accompanying ordinance. With your support and approval of the SSMID renewal this year, we intend to invite new voices to our Board of Directors to continue growing our base of partners. If you have any questions or comments, please feel free to follow up with me personally. Sincerely, Betsy Potter, Executive Director, Iowa City Downtown District Cc: SSMID Renewal Committee Bill Nusser Ross Nusser Charlie Nusser Karen Kubby Cady Gerlach Wendy Zimmermann Sheila Davisson Michelle Galvin Josh Immerfall Josh Schamberger Cc: ICDD Executive Committee Wendy Zimmermann Jason Paulios Josh Immerfall Tony Branch Angie Brown Enclosures: • SSMID Petition with Supporting Signatures for 2026-2036 • ICDD Commercial Property Database File r CA) ATTEST ) Johnson County ): State of Iowa: ) We, the undersigned, as representatives of the Self -Supported Municipal Improvement District (SSMID) that pursuant to Chapter 386 of the Code of Iowa that operates under the name of the Iowa City Downtown Self -Supported Municipal Improvement District, hereby state and affirm the following and attest to the following: 1. That individually and as an organization, we gathered, reviewed, or verified every signature that is attached to the Petition herein and that all records used for obtaining signatures were obtained through the Johnson County recorder and assessor's record books. We are the representatives responsible for collecting and verifying signatures submitted herewith pursuant to Chapter 386. To the best of our knowledge, the Petition contains signatures of at least twenty-five percent (25%) of the property owners within the SSMID and represents at least twenty-five percent (25%) of the assessed value of property within the SSMID, as required by Iowa Code § 386.3(2)(a). 2. That every signatory to the Petition stated that, if they did not own the building individually, they were an officer of the Corporation, Company, or Companies that owned the property listed, and, by virtue of the authority delegated to them by the Board of Directors, Partners, Managers, or other governing, operational, or organizational documents, they were authorized to execute the Petition to continue to operate the Self -Supported Municipal Improvement District (SSMID). 3. That all signatures, whether affixed by handwritten wet ink signature or by DocuSign (electronic signature platform), have been duly witnessed and verified as authentic. That each witness, by signing below, affirms that they have personally observed the signatory execute this Petition either by physically signing in their presence, or executing the signature via DocuSign and confirming identity through electronic verification. Identities were confirmed through the platform's authentication process and the associated electronic audit trail and Certificates of Complete are retained with the Petition file. Electronic signatures and notarizations are legally recognized under Iowa Code and approved by the City of Iowa City for submission. We make this affidavit under oath and subject to the penalties of perjury under Iowa law. Affiants k��.._ Betsy Pair, ExCutive Director, ICDD; Date: Karen Kubby, Business O er in the Proposed Boundary Date: 17 1 TM� c ry Ross Nusser, Property Owner in the Proposed Boundary Date: _L/_/2J/V5_ Cn Q0 Jurat: State of Iowa ) County of Johnson ) Subscribed and sworn or affirmed before me by Betsy Potter, Karen Kubby, and Ross Nusser on c 1 94-k 2025, by Catherine Sinnwell Gerlach, Notary, State of Iowa. Ca erne Sinnwe 1 Gerlach Date: VM CATHERINE SINNWELL GERLACH All Commission Number 780563 My Commission Expires 100 September 27, 2025 PETITION To establish a Self -Supported Municipal Improvement District (SSMID) pursuant to Chapter 386 of the Code of Iowa continuing under the established name of the "Iowa City Downtown Self -Supported Municipal Improvement District" and establish its operating terms for the term of this ordinance; We, the undersigned, being owners of the property within the SSMID, hereby petition the City Council of Iowa City, Iowa, pursuant to the provisions of Chapter 386 of the Code of Iowa (the "Act") as follows: 1. To establish by ordinance a Self -Supported Municipal Improvement District in Iowa City, Johnson County, Iowa: a. The name of which shall be the "Iowa City Downtown Self -Supported Municipal Improvement District" (also known as the "Iowa City Downtown District" and herein referred to as the "District"). b. A description of the boundaries and a map of the District is attached hereto as Exhibit A showing the updated District boundaries. c. The purposes of which shall be the undertaking of actions and the performance of administration, redevelopment, and revitalization of the District, as authorized by the Act, any and all of which actions and improvements are intended to benefit the property, businesses, and residents within the District, including, but not limited to activities that expand the mix of businesses, increase consumer traffic, improve cleanliness and safety, enhance urban design, beautification, lighting, and the Downtown landscape in general. 2. To establish a Self -Supported Municipal Improvement District through the petition process for ten (10) years, commencing on July 1, 2026, and ending June 30, 2036. 3. To establish a self -supported improvement district operation fund for the District and levy an annual tax (the "Operation Tax") upon property defined in Iowa Code-§386.8, commencing on July 1, 2026, as follows: - a. For the period of July 1, 2026, through June 30, 2033, the mmum levy rate shall not exceed two dollars and fifty cents ($2.50) per one ttftsand-,dollars ($1,000) taxable value. m b. For the period of July 1, 2033, through June 30, 2036, the ma1X1mum._ vy rate 'In shall not exceed two dollars and seventy-five cents ($2.75) per one thousand dollars ($1,000) taxable value. c. It is the intent of this Petition that the operation taxes levied and collected on behalf of the District shall be expended for new, additional, or enhanced services within the District for the Iowa City Downtown District, and that the City shall not diminish the type and extent of current governmental services provided in boundaries of the district. d. This Petition does not request any levy for a Debt or Capital Fund. 4. To annually allocate all amounts collected in the Operation Fund for one or more of the following purposes at such times and under such conditions as shall be recommended by budget to the City Council by the Iowa City Downtown District Board of Directors as described in Item 5 below: a. Services, including but not limited to, development and management of activities in support of business retention and attraction, marketing, advertising, business support services, establishment and promotion of special events, festivals, and activities, and a contingency reserve fund for extraordinary expenses. b. Physical or other improvements designed to enhance the image and appearance of the District, including, but not limited to enhanced cleaning, lighting Improvements, decorative enhancements, signage and campaign banners, landscaping, and public or private art. c. To employ an Executive Director and staff who shall work for the Board of Directors to manage the work of the Iowa City Downtown District and to fulfill the intent of this Petition and Ordinance establishing the Self -Supporting Municipal Improvement District. 5. It is the intent of this Petition that the City of Iowa City enter into an operating agreement with the Iowa City Downtown District Board of Directors (hereinafter referred to as the "Board"). All SSMID levy monies shall be appropriated to the Board for the management and operation of the District. From time to time, the City of Iowa City may provide additional revenue to the Board for the purposes of the management and operation of the District. a. The Board shall remain as a 501 (c)(6) non-profit Orcanizati'on with composition of up to 24 members on its Board f Pireors witli = co k -) bylaws and organizational documents that are in compliance with state and federal law. There shall be an Advisory Board for the District and the Advisory Board shall report, as required, to the City Council of Iowa City as requested, and no less than annually for budgetary approval. b. The Advisory Board contemplated in a future operating agreement with the City is made up of the Downtown District Board President, Vice -President, Treasurer, Secretary, and Past -President. Any board seats designated by an assessed value or square footage requirement shall be determined based on the assessed value or square footage as of that tax year. Nonvoting board membership may consist of stakeholders of the district, including other community and economic development organizations, nonprofit service providers, and municipal representatives. 6. The District is located within the boundaries of Tax Increment Finance (TIF) Districts which have been created by the City. Notwithstanding that fact, it is the intent of this Petition that the City shall reimburse the District for any SSMID levy captured against TIF properties within the District. To accomplish this, it is the intent of this Petition that an amount of funds which would have been derived from the annual SSMID levy of the Operation Tax against TIF properties within the District, if the District were not located within such TIF Districts, shall be made available annually for the services, improvements, and activities set out in this Petition., and that the City should take all actions necessary to accomplish this purpose, including, if necessary, allocation to these services, improvements and activities of a portion of the incremental property taxes which are attributable to properties within the District. These allocations may be from the SSMID levy or other sources. It is the intent of this Petition that nothing in this paragraph prevents both the District and City to agree that all or portion of the SSMID levy captured against TIF properties within the District shall be maintained by the City and not reimbursed to the District for the benefit of both parties. Such agreement should be formalized and approved by the District Board and City Manager. Y� --- - i07 ~'P �yl _i J Iy j �� ,.y t_C) Exhibit _h t DAVENPORT ST N (ANryI rl - '�7 r —7 �3"{"1 (°}� T IIT 1 I �lly I1I�_ f z � U) : rn slams.) p - MCI - w 10.aS[lrr Q0 Y- L) 5 R 1 3 6 t ! } G 7', A 1 O 1 O J • ... - .. 3N I_ _ BLOOMINGTON ST BLOOMINGTON ST BLOOMINGTON ST • a. ! i i 4l3 zll la�-1 1�1 Il I I BLOCK 3B BE O iB'. xa2 Whoa 7T .:aQy'� I z 1 Ij II`�I`r MARKET ST MARKET ST MARKET S z 7 R Z etas dx - 6�_ p z _. — o pyl(Y57 IDc ab „`m o aperYG _ — jIIIn I I DO ma ke[ j`I O CO 1 II .1 1 ! >p_ J I.-3 g 1.43J- JEFFERSON ST JEFFERSON ST - r I (BLOCK ]ISr.! 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L WASHINGTON ST i i V WASHINGTON ST I` - "- - � f 1 I t '' Ln toil 1 3 a ti ' 1 1 3. f: �3 T I= 4 3 ,� 3 r p, : ,y, a 7 1 College w a I ` Ij Kxs x, -' Cxl B e , 1 41 Green dlUCR21I" ,- s 5 7 l x r a s 4 ] `x Si a ] f b t 1 t; s 6 1 B � Parl<_ COLLEGE ST COLLEGE ST O Q d 4 [a3 Z ',T ar_ AS 'v A (n 1111 Itt G I� IMMIT � =1 U Iz DO J W BURLINGTON ST _ _ STATE HWWA Y BURLINGTON ST E - BURLING-TON ST e 1 Il I E x t r - B 1 r G a.x G _ II 1 - r ] - r ] ,, cn01 ] 2 a ; 2 2 6BL e73 3 ULMiL:ml 3 6BLOt111033 Id - � m 26 f1U11jgT r j mr- p �^ S10HNSaP1'S 2 —Sul Ii:PSIOM1 JII�r IUI] 'jI WIII S d d a B 0 0 B 4 O1 SLOT- - I wOURT ST COURT ST COURT ST f ' - _ _ - BE RRYHILL& -- PIERCE ADDITION - -- • �! 1 _ COUNTY BLOCK 2 "- -BLOCK 1 RIOC[ Eq' 7 SEAT OF { -- JOHNSON Horris:on COUNTT VI I i -i - -- -Hill Pork � - ` I I _ HARRISON ST - - - -- -- - - --- - z BLOCK.6 J _ BLOCK] z dlxrx w .$tdL'1. 20 In:- 1.TON'S1ST _ { O p i- �f�..�/ HD041#111 w j .•} J ';y K Li- Io ELI.�.r 4 anbcl _ m—LF�; I v _ PRENMS ST _ I > 1 _` r --J i I BOWERY ST' BLOCK I3 a1a[R.11 61Me110 BLOCK21 -� WRtG T .ST - - E �'R — C 1 I - --{IO Bl0[IL Se I BLOCK 11 16L�aCS 3R }- r`' PROPOSED SSMID AREA (2025) BEGINNING AT THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET WHERE IT INTERSECTS THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 57, ORIGINAL TOWN OF IOWA CITY, IOWA, THENCE WEST ALONG THE SOUTH LINE OF SAID PLATTED ALLEY AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF LINN STREET; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF SAID LINN STREET AND ITS SOUTHERLY EXTENSION TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 2012099 AS RECORDED IN PLAT BOOK 57 AT PAGE 120 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID AUDITOR'S PARCEL 2012099, TO THE SOUTHWEST CORNER OF SAID AUDITOR'S PARCEL 2012099, AND A POINT ON THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, ORIGINAL TOWN OF IOWA CITY; THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN BLOCK 68, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF DUBUQUE STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MARKET STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF CLINTON STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF CLINTON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF WASHINGTON STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION, AND SAID EAST RIGHT-OF-WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BURLINGTON STREET TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF MADISON STREET; THENCE SOUTH ALONG SAID EAST RIGHT-OF-WAY LINE OF MADISON STREET TO THE NORTHWEST CORNER OF THE SOUTH 75 FEET OF LOT 6, OF BLOCK 93, ORIGINAL TOWN OF IOWA CITY; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH 75 FEET OF LOT 6, BLOCK 93, TO ITS INTERSECTION WITH THE WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, ORIGINAL TOWN OF IOWA CITY; THENCE SOUTH ALONG SAID WEST LINE OF THE PLATTED NORTH -SOUTH ALLEY IN BLOCK 93, TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF COURT STREET; THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF COURT STREET TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET; THENCE SOUTH ALONG SAID NORTHERLY EXTENSION AND THE EAST RIGHT-OF-WAY LINE OF CAPITOL STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF THE IOWA INTERSTATE RAILROAD; y THENCE EAST ALONG SAID NORTH RIGHT-OF-WAY LINE OF THE IOWA INTERSTATE RAILROAD TO ITS INT'F _RSEC`UQN WITH THE WEST RIGHT-OF-WAY LINE OF GILBERT STREET; r •• - ~ Li THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF GILBERT STREET TO ITS INTERSECTIO�At ITH T hF WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF BOWERY STREET; CJ"i THENCE EAST ALONG SAID WESTERLY EXTENSION AND SOUTH RIGHT-OF-WAY LINE OF BOWERY STREET TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE PLATTED NORTH SOUTH ALLEY IN BLOCK 1 OF LYON'S I" ADDITION; THENCE NORTH ALONG SAID SOUTHERLY PROJECTION, EAST LINE OF SAID PLATTED NORTH SOUTH ALLEY AND THE EAST LINE OF THE NORTH SOUTH PLATTED ALLEY IN BLOCK 1 OF BERRYHILL & PIERCE ADDITION TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PARCEL OF LAND, AS DESCRIBED IN BOOK 4771 AT PAGES 112-116 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE: THENCE NORTHERLY ALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL_ THENCE EAST ALONG SAID SOUTH LINE OF SAID DESCRIBED PARCEL TO ITS INTERSECTION WITH THE WEST RIGHT-OF- WAY LINE OF VAN BUREN STREET: THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF VAN BUREN STREET, TO ITS INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF COLLEGE STREET, THENCE EAST ALONG SAID WESTERLY EXTENSION AND THE NORTH RIGHT-OF-WAY LINE OF COLLEGE STREET TO THE SOUTHWEST CORNER OF THE EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID EAST 2 42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE NORTHWEST CORNER OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41; THENCE EAST ALONG THE NORTH LINE OF SAID EAST 2.42 FEET OF THE SOUTH 75 FEET OF LOT 7, OF BLOCK 41, TO THE SOUTHWEST CORNER OF THE NORTH 75 FEET OF LOT 8, BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID NORTH 75 FEET OF LOT 8, BLOCK 41, AND NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 41, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1, BLOCK 41, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, OF BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 40, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO ITS INTERSECTION WITH THE NORTH LINE OF THE PLATTED EAST -WEST ALLEY IN SAID BLOCK 40; THENCE WEST ALONG SAID NORTH LINE OF THE PLATTED EAST -WEST ALLEY, TO ITS INTERSECTION WITH THE NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY; THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE OF THE FORMER CHICAGO, ROCK ISLAND, & PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, TO ITS INTERSECTION WITH THE WEST LINE OF LOT 1, BLOCK 40, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG SAID WEST LINE OF LOT 1, BLOCK 40, AND THE NORTHERLY EXTENSION OF SAID WEST LINE, TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 39, ORIGINAL TOWN OF IOWA CITY; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 39, TO THE NORTHWEST CORNER OF SAID LOT 8, BLOCK 39; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 8, BLOCK 39, AND ITS EASTERLY EXTENSION, TO ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY OF JOHNSON STREET TO ITS INTERSECTION WITH THE SOUTH RIGHT- OF-WAY LINE OF MARKET STREET; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF MARKET STREET, TO ITS INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF DODGE STREET; r-w THENCE NORTH ALONG, SAID WEST RIGHT-OF-WAY LINE OF DODGE STREET TO ITS INl-I RSECI'IOt4'WI'rH 7HLrSOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET TO ITS INTERSI CTjON NTH THE WEST RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE OF JOHNSON STREET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET; THENCE WEST ALONG SAID NORTH RIGHT-OF-WAY LINE OF BLOOMINGTON STREET, TO THE SOUTHEAST CORNER OF THE WEST HALF OF LOT 6, BLOCK 37, ORIGINAL TOWN OF IOWA CITY: THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF OF LOT 6, BLOCK 37, TO ITS INTERSECTION WITH THE SOUTH LINE OF THE PLATTED EAST -WEST ALLEY, IN SAID BLOCK 37; THENCE WEST ALONG SAID SOUTH LINE OF THE PLATED EAST WEST ALLEY OF SAID BLOCK 37, THE WESTERLY PROJECTION THEREOF, THE SOUTH LINE OF THE PLATTED EAST WEST ALLEY IN BLOCK 48, ORIGINAL TOWN OF IOWA CITY, AND THE WESTERLY PROJECTION THEREOF TO THE POINT OF BEGINNING. PREPARED BY MMS CONSULTANTS, INC. PROJECT 11195-002 06-09-2025 r+:a ry �4 ES ti SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.2 CHAPTER 386 SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS Referred to in §376.1 386.1 Definitions. 386.9 Capital improvement tax. 386.2 Authorization. 386.10 Debt service tax. 386.3 Establishment of district. 386.11 Self -supported municipal 386.4 Amendments to district. improvement district bonds. 386.5 386.6 Dissolution. Improvements. 386.12 Payment for improvements. 386.7 Self-liquidating improvements. 386.13 Parking fee abatements. 386.8 Operation tax. 386.14 Independent provisions. 386.1 Definitions. As used in this chapter, unless the context requires otherwise: 1. `Book", "list", "record", or "schedule" kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2. "Cost" of any improvement or self-liquidating improvement includes construction contracts and the cost of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages or costs, easements, rights -of -way, supervision, inspection, testing, publications, printing and sale of bonds, interest during construction and for not more than six months thereafter, and provisions for contingencies. 3. "District" means a self -supported municipal improvement district which may be created and the property therein taxed in accordance with this chapter. 4. "Improvement" means any of the following: a. All or any part of a city enterprise as defined in section 384.24, subsection 2. b. Public improvements as defined in section 384.37, subsection 19. c. Those structures, properties, facilities or actions, the acquisition, construction, improvement, installation, reconstruction, enlargement, repair, equipping, purchasing, or taking of which would constitute an essential corporate purpose or general corporate purpose as defined in section 384.24, subsections 3 and 4. 5. "Property" means real property as defined in section 4.1, subsection 13, and in section 427A.1, subsection 1, paragraph "h". 6. "Property owner" or "owner" means the owner of property, as shown by the transfer books in the office of the county auditor of the county in which the property is located. 7. "Self-liquidating improvement" means any facility or property proposed to be leased in whole or in part to any person or governmental body to further the corporate purposes of the city and: a. To aid in the commercial development of the district. b. To further the purposes of the districts; or c. Not substantially reduce the city's property tax base. 8. The use of the conjunctive "and" includes the disjunctive "or" and the use of the disjunctive "or" includes the conjunctive "and", unless the context clearly indicates otherwise. 9. All definitions in section 362.2 are incorporated by reference as a part of this chapter, except as provided in subsection 5. [C77, 79, 81, §386.1] 84 Acts, ch 1179, §1; 2000 Acts, ch 1148, §1; 2002 Acts, ch 1119, §200, 201 386.2 Authorization. A city which proposes to create a district, to provide for its existence and operation, to provide for improvements or self-liquidating improvements for the district, to authorize and issue bonds for the purposes of the district, and to levy the taxes authorized by this chapter must do so in accordance with the provisions of this chapter. [C77, 79, 81, §386.2] Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) §386.3, SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS 386.3 Establishment of district. 1. Districts may be created by action of the council in accordance with the provisions of this chapter. A district shall: a. Be comprised of contiguous property wholly within the boundaries of the city. A self -supported municipal improvement district shall be comprised only of property in districts which are zoned for commercial or industrial uses and properties within a duly designated historic district. b. Be given a descriptive name containing the words "self -supported municipal improvement district'. c. Be comprised of property related in some manner, including but not limited to present or potential use, physical location, condition, relationship to an area, or relationship to present or potential commercial or other activity in an area, so as to be benefited in any manner, including but not limited to a benefit from present or potential use or enjoyment of the property, by the condition, development or maintenance of the district or of any improvement or self-liquidating improvement of the district, or be comprised of property the owners of which have a present or potential benefit from the condition, development or maintenance of the district or of any improvement or self-liquidating improvement of the district. 2. The council shall initiate proceedings for establishing a district upon the filing with its clerk of a petition containing: a. The signatures of at least twenty-five percent of all owners of property within the proposed district. These signatures must together represent ownership of property with an assessed value of twenty-five percent or more of the assessed value of all of the property in the proposed district. b. A description of the boundaries of the proposed district or a consolidated description of the property within the proposed district. c. The name of the proposed district. d. A statement of the maximum rate of tax that may be imposed upon property within the district. The maximum rate of tax may be stated in terms of separate maximum rates for the debt service tax, the capital improvement fund tax, and the operation tax, or in terms of a maximum combined rate for all three. e. The purpose of the establishment of the district, which may be stated generally, or in terms of the relationship of the property within the district or the interests of the owners of property within the district, or in terms of the improvements or self-liquidating improvements proposed to be developed for the purposes of the district, either specific improvements, self-liquidating improvements, or general categories of improvements, or any combination of the foregoing. f. A statement that taxes levied for the self -supported improvement district operation fund shall be used for the purpose of paying maintenance expenses of improvements or self-liquidating improvements for a specified length of time, along with any options to renew, if the taxes are to be used for this maintenance purpose. 3. a. The council shall notify the city planning commission upon the receipt of a petition. It shall be the duty of the city planning commission to make recommendations to the council in regard to the proposed district. The city planning commission shall, with due diligence, prepare an evaluative report for the council on the merit and feasibility of the project. The council shall not hold its public hearings or take further action on the establishment of the district until it has received the report of the city planning commission. In addition to its report, the commission may, from time to time, recommend to the council amendments and changes relating to the project. b. If no city planning commission exists, the council shall notify the metropolitan or regional planning commission upon receipt of a petition, and such commission shall have the same duties as the city planning commission set forth in this subsection. If no planning commission exists, the council shall notify the zoning commission upon receipt of a petition, and such commission shall have the same duties as the city planning commission set forth in this subsection. If no planning or zoning commission exists, the council shall call a hearing on the establishment of a district upon receipt of a petition. Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.3 4. Upon the receipt of the commission's final report the council shall set a time and place for a meeting at which the council proposes to take action for the establishment of the district, and shall publish notice of the meeting as provided in section 362.3, and the clerk shall send a copy of the notice by certified mail not less than fifteen days before the meeting to each owner of property within the proposed district at the owner's address as shown by the records of the county auditor. If a property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed addressed to all owners at that address. Failure to receive a mailed notice is not grounds for objection to the council's taking any action authorized in this chapter. 5. In addition to the time and place of the meeting for hearing on the petition, the notice must state: a. That a petition has been filed with the council asking that a district be established. b. The name of the district. c. The purpose of the district. d. The property proposed to be included in the district. e. The maximum rate of tax which may be imposed upon the property in the district. 6. At the time and place set in the notice the council shall hear all owners of property in the proposed district or residents of the city desiring to express their views. The council must wait at least thirty days after the public hearing has been held before it may adopt an ordinance establishing a district which must be comprised of all the property which the council finds has the relationship or whose owners have the interest described in subsection 1, paragraph "c". Property included in the proposed district need not be included in the established district. However, no property may be included in the district that was not included in the proposed district until the council has held another hearing after it has published and mailed the same notice as required in subsections 4 and 5 of this section on the original petition to the owners of the additional property, or has caused a notice of the inclusion of the property to be personally served upon each owner of the additional property, or has received a written waiver of notice from each owner of the additional property. 7. Adoption of the ordinance establishing a district requires the affirmative vote of three -fourths of all of the members of the council, or in cities having but three members of the council, the affirmative vote of two members. However if a remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the proposed district representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all of the property in the proposed district, the adoption of the ordinance requires a unanimous vote of the council. 8. The clerk shall cause a copy of the ordinance to be filed in the office of the county recorder of each county in which any property within the district is located. 9. At any time prior to adoption of an ordinance establishing a district, the entire matter of establishing such district shall be withdrawn from council consideration if a petition objecting to establishing such district is filed with its clerk containing the signatures of at least forty percent of all owners of property within the proposed district or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the proposed district. 10. The adoption of an ordinance establishing a district is a legislative determination that the property within the district has the relationship or its owners have the interest required under subsection 1, paragraph "c" and includes all of the property within the area which has that relationship or the owners of which have that interest in the district. 11. Any resident or property owner of the city may appeal the action and the decisions of the council, including the creation of the district and the levying of the proposed taxes for the district, to the district court of the county in which any part of the district is located, within thirty days after the date upon which the ordinance creating the district becomes effective, but the action and decision of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the establishment of a district or the validity of the district, or the propriety of the inclusion or exclusion of any property within or from the district, or the Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) §386.3, SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS ability of the city to levy taxes in accordance with the ordinance establishing the district, after thirty days from the date on which the ordinance creating the district becomes effective. 12. The procedural steps for the petitioning and creation of the district may be combined with the procedural steps for the authorization of any improvement or self-liquidating improvement, or the procedural steps for the authorization of any tax, or any combination thereof. 13. The rate of debt service tax referred to in the petition and the ordinance creating the district shall only restrict the amount of bonds which may be issued, and shall not limit the ability of the city to levy as necessary in subsequent years to pay interest and amortize the principal of that amount of bonds. 14. The ordinance creating the district may provide for the division of all of the property within the district into two or more zones based upon a reasonable difference in the relationship of the property or the interest of its owners, whether the difference is qualitative or quantitative. The ordinance creating the district and establishing the different zones may establish a different maximum rate of tax for each zone, or may provide that the rate of tax for a zone shall be a certain set percentage of the tax levied in the zone which is subject to the highest rate of tax. [C77, 79, 81, §386.3] 85 Acts, ch 113, §1; 88 Acts, ch 1246, §7; 2010 Acts, ch 1061, §180 Referred to in §386.4, 386.6 386.4 Amendments to district. 1. The ordinance creating the district may be amended and property may be added to the district and the maximum rate of taxes referred to in the ordinance may be increased at any time in the same manner and by the same procedure as for the establishment of a district. All property added to a district shall be subject to all taxes currently and thereafter levied including debt service levies for bonds previously or thereafter issued. 2. Action by the council amending the ordinance creating the district, including adding any eligible property or deleting any property within the district or changing any maximum rate of taxes, shall be by ordinance adopted by an affirmative vote of three -fourths of all of the members of the council, or in cities having but three members of the council, the affirmative vote of two members. However, if a remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the district and all property proposed to be included representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all the property in the district and all property proposed to be included, the amending ordinance must be adopted by unanimous vote of the council. 3. The clerk shall cause a copy of the amending ordinance to be filed in the office of the county recorder of each county in which any property within the district as amended is located. 4. At any time prior to council amendment of the ordinance creating the district, the entire matter of amending such ordinance shall be withdrawn from council consideration if a petition objecting to amending such ordinance is filed with its clerk containing either the signatures of at least forty percent of all owners of property within the district and all property proposed to be included or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the district and all property proposed to be included. 5. Any resident or property owner of the city may appeal the action or decisions of the council amending the ordinance creating the district, to the district court of the county in which any part of the district, as amended, is located, within fifteen days after the date upon which the ordinance amending the ordinance creating the district becomes effective, but the action and decision of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the amended ordinance or the validity of the district as amended, or the propriety of the inclusion or exclusion of any property within or from the amended district, or the ability of the city to levy taxes in accordance with the ordinance establishing Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.6 the district, as amended, after thirty days from the date upon which the amending ordinance becomes effective. 6. All other provisions in section 386.3 shall apply to an amended district and to the ordinance amending the ordinance creating the district with the same effect as they apply to the original district and the ordinance creating the original district. [C77, 79, 81, §386.4] 386.5 Dissolution. 1. A district may be dissolved and terminated by action of the council rescinding the ordinance creating the district, and any subsequent ordinances amending the district, by an affirmative vote of three -fourths of all members of the council, or in cities having but three members of the council, the affirmative vote of two members. However, if a remonstrance has been filed with the clerk signed by at least twenty-five percent of all owners of property within the district representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all the property in the district, the rescission of the ordinance creating the district, and any subsequent ordinances amending the district, requires a unanimous vote of the council. 2. At any time prior to action of the council rescinding the ordinance creating the district, and any subsequent ordinances amending the district, the entire matter of dissolving a district shall be withdrawn from council consideration if a petition is filed with its clerk containing the signatures of at least forty percent of all owners of property within the district or signatures which together represent ownership of property with an assessed value of forty percent or more of the assessed value of all property within the district. [C77, 79, 81, §386.5] 2019 Acts, ch 24, § 104 386.6 Improvements. When a city proposes to construct an improvement the cost of which is to be paid or financed under the provisions of this chapter, it must do so in accordance with the provisions of this section, as follows: 1. The council shall initiate proceedings for a proposed improvement upon receipt of a petition signed by at least twenty-five percent of all owners of property within the district representing ownership of property with an assessed value of twenty-five percent or more of the assessed value of all the property in the district. 2. Upon the receipt of such a petition the council shall notify the city planning commission, if one exists, the metropolitan or regional planning commission, if one exists, or the zoning commission, if one exists, in the order set forth in section 386.3, subsection 3. Upon notification by the council, the commission shall prepare an evaluative report for the council on the merit and feasibility of the improvement and carry out all other duties as set forth in section 386.3, subsection 3. If no planning or zoning commission exists, the council shall call a hearing on a proposed improvement upon receipt of a petition. 3. Upon the receipt of the commission's report the council shall set a time and place of meeting at which the council proposes to take action on the proposed improvement and shall publish and mail notice as provided in section 386.3, subsections 4 and 5. 4. The notice must include a statement that an improvement has been proposed, the nature of the improvement, the source of payment of the cost of the improvement, and the time and place of hearing. 5. At the time and place set in the notice the council shall hear all owners of property in the district or residents of the city desiring to express their views. The council must wait at least thirty days after the public hearing has been held before it may take action to order construction of the improvement. The provisions of section 386.3, subsections 7 and 9, relating to the adoption of the ordinance establishing a district, the requisite vote therefor, the remonstrance thereto and the withdrawal of the entire matter from council consideration apply to the adoption of the resolution ordering the construction of the improvement. 6. If the council orders the construction of the improvement, it shall proceed to let contracts therefor in accordance with chapter 26. Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) §386.6, SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS 7. The adoption of a resolution ordering the construction of an improvement is a legislative determination that the proposed improvement is in furtherance of the purposes of the district and that all property in the district will be affected by the construction of the improvement, or that all owners of property in the district have an interest in the construction of the improvement. 8. Any resident or property owner of the city may appeal the action or decisions of the council ordering the construction of the improvement to the district court of the county in which any part of the district is located within thirty days after the adoption of the resolution ordering construction of the improvement, but the action and decisions of the council are final and conclusive unless the court finds that the council exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the ordering of the construction of an improvement, or the right of the city to apply moneys in the capital improvement fund referred to in this chapter to the payment of the costs of the improvement, or the right of the city to issue bonds referred to in this chapter for the payment of the costs of the improvement, or the right of the city to levy taxes which with any other taxes authorized by this chapter do not exceed the maximum rate of tax that may be imposed upon property within the district for the payment of principal of and interest on bonds issued to pay the costs of the improvement, after thirty days from the date of adoption of the resolution ordering construction of the improvement. 9. The procedural steps contained in this section may be combined with the procedural steps for the petitioning and creation of the district or the procedural steps for the authorization of any tax or any combination thereof. [C77, 79, 81, §386.6] 2007 Acts, ch 144, § 19 Referred to in §386.7, 386.13 386.7 Self-liquidating improvements. When a city proposes to construct a self-liquidating improvement, the cost of which is to be paid or financed under the provisions of this chapter, it must do so in accordance with the provisions of this section as follows: 1. Section 386.6, subsections 1 through 5, are applicable to a self-liquidating improvement to the same extent as they are applicable to an improvement and the proceedings initiating a self-liquidating improvement shall be governed thereby. 2. Before the council may order the construction of a self-liquidating improvement, and after hearing thereon, it must find that the self-liquidating improvement and the leasing of a part or the whole of it to any person or governmental body will further the corporate purposes of the city and will: a. Aid in the commercial development of the district. b. Further the interests of the district; or c. Not substantially reduce the city's property tax base. 3. If the council orders the construction of the self-liquidating improvement, contracts for the improvement shall be let in accordance with chapter 26. 4. The adoption of a resolution ordering the construction of a self-liquidating improvement is a legislative determination that the proposed self-liquidating improvement and the leasing of a part or the whole of it to any person or governmental body will further the corporate purposes of the city and will: a. Aid in the commercial development of the district. b. Further the interests of the district; or c. Not substantially reduce the city's property tax base. 5. A city may lease any or all of a self-liquidating improvement to any person or governmental body. 6. A city may issue revenue bonds payable from the income and receipts derived from the self -liquidated improvement. Chapter 384, subchapter V applies to revenue bonds for self-liquidating improvements and the term "city enterprise" as used in chapter 384, subchapter V, shall be deemed to include self-liquidating improvements authorized by this chapter. Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.9 7. Any resident or property owner of the city may appeal a decision of the council to order the construction of a self-liquidating improvement or to lease any or all of a self-liquidating improvement to the district court of the county in which any part of the district is located, within thirty days after the adoption of the resolution ordering the self-liquidating improvement, but the action of the council is final and conclusive unless the court finds that the council exceeded its authority. 8. No action may be brought questioning the regularity of the proceedings pertaining to the ordering of the construction of a self-liquidating improvement after thirty days from the date of adoption of the resolution ordering construction of the self-liquidating improvement. No action may be brought questioning the regularity of the proceedings pertaining to the leasing of any or all of a self-liquidating improvement after thirty days from the date of the adoption of a resolution approving the proposed lease. In addition to the limitation contained in section 384.92, no action may be brought which questions the legality of revenue bonds or the power of the city to issue revenue bonds or the effectiveness of any proceedings relating to the authorization and issuance of revenue bonds relating to a self-liquidating improvement after thirty days from the time the bonds are ordered issued by the city. 9. The procedural steps contained in this section may be combined with the procedural steps for the petitioning and creation of the district. [C77, 79, 81, §386.7] 89 Acts, ch 83, §50; 2007 Acts, ch 144, §20; 2018 Acts, ch 1041, § 127; 2019 Acts, ch 24, §48; 2020 Acts, ch 1063, §204; 2021 Acts, ch 80, §240 386.8 Operation tax. A city may establish a self -supported improvement district operation fund, and may certify taxes not to exceed the rate limitation as established in the ordinance creating the district, or any amendment thereto, each year to be levied for the fund against all of the property in the district, for the purpose of paying the administrative expenses of the district, which may include but are not limited to administrative personnel salaries, a separate administrative office, planning costs including consultation fees, engineering fees, architectural fees, and legal fees and all other expenses reasonably associated with the administration of the district and the fulfilling of the purposes of the district. The taxes levied for this fund may also be used for the purpose of paying maintenance expenses of improvements or self-liquidating improvements for a specified length of time with one or more options to renew if such is clearly stated in the petition which requests the council to authorize construction of the improvement or self-liquidating improvement, whether or not such petition is combined with the petition requesting creation of a district. Parcels of property which are assessed as residential property for property tax purposes are exempt from the tax levied under this section except residential properties within a duly designated historic district or property classified as residential property under section 441.21, subsection 14, paragraph "a subparagraph (6). A tax levied under this section is not subject to the levy limitation in section 384.1. [C77, 79, 81, §386.8] 85 Acts, ch 113, §2; 2021 Acts, ch 20, §1, 14, 15 2021 amendment applies to assessment years beginning on or after January 1, 2022; 2021 Acts, ch 20, §15 386.9 Capital improvement tax. A city may establish a capital improvement fund for a district and may certify taxes, not to exceed the rate established by the ordinance creating the district, or any subsequent amendment thereto, each year to be levied for the fund against all of the property in the district, for the purpose of accumulating moneys for the financing or payment of a part or all of the costs of any improvement or self-liquidating improvement. However, parcels of property which are assessed as residential property for property tax purposes are exempt from the tax levied under this section except residential properties within a duly designated historic district or property classified as residential property under section 441.21, subsection Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) §386.9, SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS 14, paragraph "a", subparagraph (6). A tax levied under this section is not subject to the levy limitations in section 384.1 or 384.7. [C77, 79, 81, §386.91 85 Acts, ch 113, §3; 2021 Acts, ch 20, §2, 14, 15 Referred to in §386.12 2021 amendment applies to assessment years beginning on or after January 1, 2022; 2021 Acts, ch 20, § 15 386.10 Debt service tax. A city shall establish a self -supported municipal improvement district debt service fund whenever any self -supported municipal improvement district bonds are issued and outstanding, other than revenue bonds, and shall certify taxes to be levied against all of the property in the district for the debt service fund in the amount necessary to pay interest as it becomes due and the amount necessary to pay, or to create a sinking fund to pay, the principal at maturity of all self -supported municipal improvement district bonds as authorized in section 386.11, issued by the city. However, parcels of property which are assessed as residential property for property tax purposes at the time of the issuance of the bonds are exempt from the tax levied under this section until the parcels are no longer assessed as residential property or until the residential properties are designated as a part of a historic district or property classified as residential property under section 441.21, subsection 14, paragraph "a", subparagraph (6). [C77, 79, 81, §386.10] 85 Acts, ch 113, §4; 2021 Acts, ch 20, §3, 14, 15 Referred to in §386.11 2021 amendment applies to assessment years beginning on or after January 1, 2022; 2021 Acts, ch 20, § 15 386.11 Self -supported municipal improvement district bonds. 1. A city may issue and sell self -supported municipal improvement district bonds at public or private sale payable from taxes which must be levied in accordance with chapter 76. The bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the district through the district debt service fund authorized by section 386.10. When self -supported municipal improvement district bonds are issued and taxes are levied in accordance with chapter 76, the taxes shall continue to be levied, until the bonds and interest thereon are paid in full, against all of the taxable property that was included in the district at the time of the issuance of the bonds, regardless of any subsequent removal of any property from the district or the dissolution of the district. 2. The proceeds of the sale of the bonds may be used to pay any or all of the costs of any improvement, or be used to pay any legal indebtedness incurred for the cost of any improvement including bonds or warrants previously issued to pay the costs of an improvement, or bonds may be exchanged for the evidences of such legal indebtedness. 3. Before the council may institute proceedings for the issuance of bonds, it shall proceed in the same manner as is required for the institution of proceedings for the issuance of bonds for an essential corporate purpose as provided in section 384.25, subsection 2 and all of the provisions of that subsection apply to bonds issued pursuant to this section. 4. A city may issue bonds authorized by this section pursuant to a resolution adopted at a regular or special meeting by an affirmative vote of a majority of the total members to which the council is entitled. The proceeds of a single bond issue may be used for various improvements. 5. The provisions of sections 384.29, 384.30, and 384.31 apply to bonds issued pursuant to this section, except that the bonds shall be designated "municipal improvement district bonds". 6. No action may be brought which questions the legality of bonds issued pursuant to this section or the power of a city to issue the bonds or the effectiveness of any proceedings relating to the authorization and issuance of the bonds after thirty days from the time the bonds are ordered issued by the city. [C77, 79, 81, §386.11] Referred to in §386.10, 386.12 Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) SELF -SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.14 386.12 Payment for improvements. The costs of improvements may be paid from any of the following sources or a combination thereof: 1. The capital improvement fund referred to in section 386.9. 2. The proceeds of bonds referred to in section 386.11. 3. Any other funds of the city which are legally available to pay all or a portion of the cost of an improvement. The fact that an improvement is initiated under the provisions of this chapter, or any of the costs of an improvement or any part of an improvement are being paid under the provisions of this chapter, shall not preclude the city from paying any costs of an improvement from any fund from which it might otherwise have been able to pay such costs. In addition, and not in limitation of the foregoing, any improvement which constitutes an essential corporate purpose or a general corporate purpose as defined in section 384.24, subsections 3 and 4, may be financed in whole or in part with the proceeds of the issuance of general obligation bonds of the city pursuant to the provisions of chapter 384, subchapter III. 4. Payment for the costs of an improvement may also be made in warrants drawn on any fund from which payment for the improvement may be made. If such funds are depleted, anticipatory warrants may be issued bearing a rate of interest not exceeding that permitted by chapter 74A, which do not constitute a violation of section 384.10, even if the collection of taxes or income from the sale of bonds applicable to the improvement is after the end of the fiscal year in which the warrants are issued. If the city arranges for the private sale of anticipatory warrants, they may be sold and the proceeds used to pay the costs of the improvement. Such warrants may be used to pay other persons furnishing services constituting a part of the cost of the improvement. [C77, 79, 81, §386.12] 2018 Acts, ch 1041, §127 386.13 Parking fee abatements. A city may apply moneys in the operation fund of the district to prepay parking fees at any city parking facility located in or used in conjunction with the district but only after notice and hearing as required by section 386.6. The authority to prepay such fees shall exist only for the period of time set out in the notice to owners and in the resolution of the council authorizing the application of funds for that purpose. Upon the application of sufficient amounts of prepaid fees, the city need not charge individual users of the parking facility. Before adopting a resolution authorizing the application of funds for such purpose, the council must find that the application will further the purposes of the district, including but not limited to increasing the commercial activity in the district. [C77, 79, 81, §386.13] 386.14 Independent provisions. The provisions of this chapter with respect to notice, hearing and appeal for the construction of improvements and self-liquidating improvements and the issuance and sale of bonds are in lieu of the provisions contained in chapters 73A and 75, or any other law, unless specifically referred to and made applicable by this chapter. [C77, 79, 81, §386.14] Tue Nov 19 20:14:32 2024 Iowa Code 2025, Chapter 386 (22, 0) r /� � .® CITY OF IOWA CITY MEMORANDUM To: City Council DRAFT From: Scott Quellhorst, Chair, Planning & Zoning Commission Date: October 15, 2025 Re: Evaluative Report on a Proposed South District Self -Supported Municipal Improvement District (SSMID) The City has received, and City Council has forwarded for our review, a petition by property owners for a proposed renewed and expanded Downtown Iowa City Self -Supported Municipal Improvement District (SSMID) district. The petition requests the renewal and expansion of the existing Iowa City Downtown SSMID. Iowa Code states that the SSMID petition must be signed by at least 25% of the property owners and representing at least 25% of the assessed value of the proposed district. Staff verified the petition filed on September 12, 2025 meets these two thresholds and notified City Council of the receipt of the petition. Next, Iowa Code requires the Planning & Zoning Commission to review the petition for its merit and feasibility and make an evaluative report to the City Council. After the review at its meeting on October 15, 2025, the Planning & Zoning Commission recommended approval and forwarding this review to the City Council for their further consideration of the Downtown Iowa City SSMID. The following is a review and our determination of the proposed Downtown Iowa City SSMID's merit and feasibility. 1. Whether the property in the proposed district meets all the criteria established in Section 386.3(1): • The Iowa City Downtown SSMID ( also herein referred to as the "District') petition appears to meet the minimum requirements of Iowa Code Section 386.3(1), which states that a district shall: a) "[b]e compromised of contiguous property... zoned for commercial or industrial uses" and be "located wholly within the boundaries of the city, b) [b]e given a descriptive name containing the words 'self-supporting municipal improvement district', and c) be comprised of property related in some manner...." • The District is comprised of contiguous property zoned for commercial use and is within the boundaries of the City of Iowa City. The petition states that the District is entitled "Iowa City Downtown Self -Supported Municipal Improvement District." Finally, the property within the District is related in that it is physically located in Iowa City, is contiguous, and serves as a commercial hub for the community. 2. Whether the petition submitted is sufficiently clear and contains the requisite number of signatures from property owners representing the necessary assessed value of all the taxable property within the proposed district: October 10, 2025 Page 2 • The District petition provides detailed explanations of DRAFT the proposed operations of the SSMID and the requirements of SSMID property owners. Staff has reviewed the petition and verified the signatures of at least twenty-five percent of all the owners of property within the proposed district have signed the petition, and that these signatures together represent ownership of property with an assessed value of at least twenty-five percent of the assessed value of all of the property in the proposed district per Iowa Code Section 386.3(2)(a). 3. Whether the petition sufficiently describes the boundaries of the district or provides a consolidated description of the property contained therein: • The petition provides a legal description of the boundaries of the District, and a map indicating the parcels of land included within the District per Iowa Code Section 386.3(2) (b). 4. Whether a maximum rate of tax that may be imposed upon the property within the district and the purposes for which it may be levied are set forth; The District petition establishes a maximum tax rate of $2.50 per $1,000 of assessed value for the first seven years of the authorization, and a maximum tax rate of $2.75 per $1,000 of assessed value for the remaining three years. This meets the requirement of Iowa Code Section 386.3(2)(d). The petition states the purpose of the tax is to provide new, additional or enhanced services within the District. 5. Whether the purpose of the district is adequately described, as well as any improvements or other project activities that may be the subject of the petition: • As stated in Item 4 on Page 2, the petition states that the purpose of the District is to provide for new, additional or enhanced services within the District. In particular, the petition details how revenues collected for the District Operating Fund may be used in support of the provision of services, physical or capital improvements, and hiring of an Executive Director and staff. 6. Whether the proposed district or improvements would conflict in any way with any existing laws, plans or City policies, including comprehensive plans, zoning ordinances, local or regional development plans or programs, local, state or federal laws or regulations or other established special districts: • The operations, services, and improvements that can occur under the proposed District do not appear to conflict with any existing laws, plans or policies. October 10, 2025 Page 3 DRAFT The District overlaps with the City -University Urban Renewal Area. Under previous authorizations and as proposed for renewal, the SSMID petition does not conflict with the goals or purposes of this Urban Renewal Area. The petition outlines how tax revenue captured by TIF shall be reimbursed back to the Proposed District. 7. Whether the taxes proposed, if any, will be sufficient to pay the anticipated costs or other expenses. • The revenue generated from the proposed SSMID would be approximately $1,00,000 per year. This amount would be sufficient to adequately staff the organization, and to cover costs associated with marketing, projects, programs, services, and improvements in the District. 8. Whether the formation of the district is consistent with or in furtherance of other identifiable City policies or goals: • One of the principal goals of the Comprehensive Plan is to foster an environment in the Downtown area that is attractive to new employers, is pedestrian -oriented, and has strong cultural, commercial, and residential character. • The Downtown and Riverfront Crossings Master Plan clearly outlines a number of aligned goals and priorities for investment in the downtown, south downtown, and central crossings areas covered by the proposed District boundaries. • The City Council Strategic Plan includes several goals and priorities related to establishing Iowa City as a strong business community, cultivating the business ecosystem, partnering for desirable development, and creating inviting and active outdoor spaces for the community. • The District petition states that one of the purposes of the SSMID is to provide physical enhancements to improve the image and appearance of the District, including lighting, signage, landscaping, and public art. The review by the Planning and Zoning Commission determines that the petition meets the requirements of Iowa Code Chapter 386, and that: • The operational activities (as defined in Iowa Code Section 386.8) of the Proposed District are appropriate in relation to existing laws, plans and policies; and • The means to implement the proposal appear reasonably calculated to accomplish the Proposed District objectives. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION AUGUST 27, 2025 —6:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Kaleb Beining, James Davies, Maggie Elliott, Steve Miller, Billie Townsend, Chad Wade MEMBERS ABSENT: Scott Quellhorst STAFF PRESENT: Liz Craig, Anne Russett OTHERS PRESENT: Jackson Taylor, Kory May, James W. May, Jr., Mary Knudson, Anna Buss, Jon Marner, Lindsay Park, Paula Swygard RECOMMENDATIONS TO COUNCIL: By a vote of 6-0 the Commission recommends approval of CPA25-0002, an amendment to the Comprehensive Plan future land use map from Public/Semi-Public to Residential 16-24 du/acre and the Southwest District Plan future land use map from Public Services/Institutional to Medium to High Density Multi -Family for approximately 9.9 acres of land located at 611 Greenwood Drive. By a vote of 6-0 the Commission recommends approval of REZ25-0010, a request to rezone approximately 9.90 acres of land located at 611 Greenwood Drive to Medium Density Multi - Family Residential with a Planned Development Overlay (OPD/RM20) zone subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy, installation of a 10' wide pedestrian connection and dedication of an associated public access easement along the eastern portion of the property to extend from W. Benton Street to Greenwood Drive. Pedestrian path shall also include pedestrian scale lighting to be reviewed and approved by the City during the site plan review process. Lighting shall be installed and maintained by the Owner. 2. Vehicular access to the site from W. Benton Street is restricted to emergency vehicles only. 3. Prior to issuance of Certificate of Occupancy, installation of a raised crosswalk across Greenwood Drive near the entrance to the site subject to review and approval by the City Engineer. 4. As part of the site plan approval, ensure that the design of the access drive from Greenwood Drive to the subject property is at or near a 90-degree angle subject to review and approval by the City Engineer. 5. Increase from S2 to S3 screening along the eastern parking lot. CALL TO ORDER: Elliott called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission August 27, 2025 Page 2 of 20 COMPREHENSIVE PLAN ITEMS: CASE NO. CPA25-0002: Location: 611 Greenwood Drive; Former Roosevelt Elementary School A public hearing to consider an amendment to change the Comprehensive Plan future land use map from Public/Semi-Public to Residential 16-24 DU/Acre and the Southwest District Plan future land use map from Public Services/Institutional to Medium to High Density Multi -Family for approximately 9.9 acres of property. Russett stated this amendment would be a change from the public designation to a multifamily designation. She shared an aerial photograph of the subject property, to the south is West Benton Street and to the north is Greenwood Drive. The current zoning is Neighborhood Public (P-1), there is some single family to the east, as well as some multifamily to the east. Across Greenwood Drive is also some single family zoning and some multifamily zoning. There are a couple of parks in the area, so some additional public zoning to the south and to the north. In terms of background, Russett explained this is the former Roosevelt Elementary School. The property was sold by the Iowa City Community School District in 2021 and was purchased by a private affordable housing developer who is requesting the Comprehensive Plan Amendment to change the land use designation for the 9.9 acres from the Public designation to Residential 16 to 24 dwelling units per acre in the IC 2030 Plan, and to Medium to High Density Multi -Family in the Southwest District Plan. The applicants did hold a good neighbor meeting on May 29 and a summary of that meeting was provided in the agenda packet. Russett stated there are two criteria that staff looks at when evaluating a Comprehensive Plan Amendment, the first is that circumstances have changed and the second is that the proposed amendment aligns with other policies and provisions in the Comprehensive Plan. In terms of that first criteria, this was the former Roosevelt Elementary School site and is no longer a school. The school was closed in 2012 and after that closure it was still operated as an educational center until 2019 and then in 2021 the School District sold the property to TWG. The building is currently vacant. This proposed amendment recognizes the change in ownership from a public entity to a private entity and it creates more opportunities for much needed residential development in the community. The second criteria is that the proposed amendment is compatible with other policies and provisions in the Comprehensive Plan. Russett explained the IC 2030 Plan was adopted when the Roosevelt Educational Center was still fully operational, aligning with that existing land use. Additionally, the Plan recognizes the importance of having a diversity of housing options within the community and within all neighborhoods. There are also multiple land use goals and strategies that speak to the importance of infill development and redeveloping properties that have access to infrastructure and transit within the community. There are housing goals that talk about ensuring a mix of housing, supporting infill development and concentrating new development in areas that are contiguous with existing neighborhoods and there's also sustainability related goals that again speak to discouraging sprawl and promoting infill development. Planning and Zoning Commission August 27, 2025 Page 3 of 20 Staff has received four pieces of correspondence related to this Comprehensive Plan Amendment, one of those letters was in opposition to the proposed amendment. Staff recommends approval of CPA25-0002, an amendment to the Comprehensive Plan future land use map from Public/Semi-Public to Residential 16-24 du/acre and the Southwest District Plan future land use map from Public Services/Institutional to Medium to High Density Multi - Family for approximately 9.9 acres of land located at 611 Greenwood Drive. In terms of next steps, the public hearing at City Council has already been set for September 2. Miller asked if there are any special considerations or additional conversations at a staff level when moving land from a more public service to residential other than just recognizing that they're losing a public facing asset. Russett noted there are some additional things that will be discussed within the rezoning application, such as pedestrian connectivity. Elliott opened the public hearing. Jackson Taylor (Senior Development Director, TWG Development) stated they believe this project will make a meaningful impact on housing in Iowa City. They're proposing 187 units of affordable multifamily housing located at 611 Greenwood Drive. This project is designed to serve working families, seniors and individuals who are currently struggling to find safe, stable, affordable housing and this development will provide long term affordability while enhancing the surrounding area. Taylor first gave some background on TWG, they've been around for the last 18 years focused exclusively on building housing that strengthens communities, and the majority of that is affordable housing. Over that 18 year span they've developed over 11,500 units nationally, $2.5 billion in transaction costs, and are in 23 states. Out of those 23 states, their home base is in Indianapolis, but the first state they expanded to, and actually their second largest presence is in Iowa and are here quite frequently. They pride themselves on thoughtful design, community engagement and bringing long term assets to the neighborhoods they serve. The current project's working name is Roosevelt Ridge and Roosevelt Ridge will include dog parks, it'll be designed to NGBS Silver standards where potential tenant amenities include a fitness center and in -unit washer and dryer. There are also community amenities nearby, such as close proximity to transportation and all the things that make a project great. Taylor noted they've worked very closely with Iowa City Planning and incorporated a pretty extensive planning process. As previously mentioned, they purchased the project back in 2021 which was in the heat of covid and throughout that time the economics have changed quite a bit so the project has changed a little bit. However, throughout each of those iterations and revisions they've been very thankful to staff and the planning team and it was actually, all told, a great experience and now what they're presenting they feel really incorporates community values and the community's priorities at this time. Therefore, to make this vision a reality, they are requesting a rezoning and a change to the Comprehensive Plan. Taylor stated these changes are essential to allow for the density and layout needed to support affordability while maintaining compatibility with the surrounding area. He acknowledged they understand the importance of responsible growth and are committed to being a transparent and collaborative partner throughout this process. Ultimately, this project is about creating opportunity, giving families a chance to live in quality housing they can afford, in a neighborhood where they can thrive. They respectfully ask for support in approving the rezoning request and the Comprehensive Plan Amendment so they can move forward in building a more inclusive and resilient future for Iowa City. Planning and Zoning Commission August 27, 2025 Page 4 of 20 Kory May (612 West Benton Street) is speaking on behalf of his mother and siblings. He stated he wears a size 15 shoe so he knows what it is like to search for something that fits, not just something that looks good, but that supports, protects, and lets you move freely. May stated Benton Street has shaped itself over decades to fit the lives of families like his and the Roosevelt Ridge proposal as it stands feels like a shoe that wasn't made for this block. It might be well intentioned, but it doesn't match the contours of the community and feels shoehorned in. He wanted to make two points, first are the traffic patterns from Benton Street and Riverside Drive to Sunset Street, there are no traffic lights. And then down Greenwood Drive, the only traffic lights are at Riverside and Myrtle and to the north, those are on Melrose and Melrose Park. The second point is there are children and elderly in the area. The children at Early Explorers Daycare on Greenwood, and just above that is Briarwood, so there is not the capacity for more. May stated they want to protect the soul of their home, his mother has lived next door to Roosevelt School for almost 70 years. May, as well as his siblings, graduated from Roosevelt, and it was a sad moment to see Roosevelt close. This is where his family has walked and lived and grown for three generations. What they're asking for is thoughtful adjustments, like moving parking further away from their property, and because all of the property is set toward the east side, and managing drainage responsibly. There is one drainage opening on Benton Street Hill from the north side of Miller all the way to the top of the hill. That's right in front of 600 West Benton Street where the Coopers formerly lived. They are also asking for buffering light and sound, if parking is supposed to be on the east side of the property the light and sound is going to be coming toward their property and even into their home. That's problematic. May stated a good shoe supports without squeezing and development should do the same. There are a proposed 187 units with 113 parking spaces. Doing the math, if every person in there has a car that's 315 cars for 113 parking spaces, the math doesn't math. They need to balance size with support. May stated this isn't a case of not in my backyard, they support affordable housing and inclusive growth, but when a project is too big for the infrastructure beneath it, it stumbles. They've all seen what happens when you cram a foot into the wrong size shoe, it hurts the foot and ruins the shoe. This proposal as currently designed does not fit the neighborhood's scale, rhythm or infrastructure. In conclusion, if the Roosevelt Ridge project doesn't fit, they must not permit. James W. May, Jr. (612 West Benton Street) stated his dad bought the property at 612 West Benton Street when he was five years old and he lived there up until 20 some. There are two things that he would like to express. Number one, along the east side of Roosevelt School there's usually parking for football games and a lot of money is made doing that. There's a fence and then there's his mom's property, but there is so much trash after almost every football game. He realizes there's an easy solution to that, garbage cans, some people use them, some people don't, but if that's all parking and it's already going on, it's going to go on and he would presume more, so that's a concern. When he goes out and cuts the grass and polices the area he has to take a garbage can or a bag with him in order to be able to take care of the property. Number two, they use very little fertilizer and try to use natural minerals for the property to have the property fallow as much as possible, because if someone wants to go out there and work it, they can have their own garden. The caveat of that is that there's walnut trees there, and there's a substance that they put out called juglone and there's certain properties that juglone affects as far as the oxygen in the soil that the plants allowed to use. They have a variety of urbanized wildlife, from deer, possum, voles, moles, raccoons, groundhogs, squirrels, not even to talk about the birds, they have bald eagles that come and sit in the trees there. May is not sure how this Planning and Zoning Commission August 27, 2025 Page 5 of 20 development would affect their property but doesn't exactly feel that it would be all that good so he appreciates the time to be able to express these concerns. He noted Iowa City has certain laws and has passed ordinances that support that and maybe things will be changed, and maybe they won't, but he wanted to be able to express this and have someone at least consider this. May acknowledged it's good having these things for people and affordable housing and good parking, but these things are already there and he's not sure how they would still be affected. The animals come next to the house and lay down during the day, even if someone's out there working and they'll just sit, they feel safe, they're urbanized wildlife and he just wanted their voice to be heard. Mary Knudson (725 West Benton Street) lives directly across from where they are planning to build and wanted to note she is particularly concerned about the parking. There's not a lot of on - street parking around Roosevelt so if they have 113 parking spots, and that many people living in those spaces, where will everybody park. To think everybody will take a bus that doesn't have a parking spot is unlikely. If they have to find parking, they have to go down the hill and find a spot down on Miller, because on Greenwood there is no parking on the street. Another thing she wanted to mention is just the number of people. Has Benton Street been looked at for a traffic report, to note the cars that are going to be exiting onto Greenwood perhaps going up to Benton Street, and to look at the dynamics on Benton Street to see what will happen. Finally, she wanted to say something about the park, Benton Hill Park, she was on that committee and they knew that they didn't have enough green space for the neighborhood but Roosevelt School was in existence then so Roosevelt School's playground was for older kids, like kindergarten and above, and then the Benton Hill Park would be for the younger kids. She is now concerned about this won't be enough green space for the neighborhood and the housing development. Anna Buss (525 West Benton Street) stated she has lived in that neighborhood for 40 years and has watched what happens with the traffic, and the traffic is really horrendous. They refer to Miller and Hudson as the Miller and Hudson 500 because people come off the Highway to avoid the stop signs and other things. Putting this amount of traffic on Benton Street, and it will end up there, there is no way to divert the traffic so no matter what it's going to end up on Benton Street, and that is a dangerous enough street the way it is. She has seen this happen time and time again, every time something else is added the traffic is worse. Buss would just wish that they would consider, if nothing else, downsizing it so there's not so much traffic. Elliott closed the public hearing. Miller moves to recommend approval of CPA25-0002, an amendment to the Comprehensive Plan future land use map from Public/Semi-Public to Residential 16-24 du/acre and the Southwest District Plan future land use map from Public Services/Institutional to Medium to High Density Multi -Family for approximately 9.9 acres of land located at 611 Greenwood Drive. Wade seconded the motion. Davies asked about things Mr. May brought up about like traffic lights or parking. Russett stated that would be discussed next as part of the rezoning, right now they're considering the Comprehensive Plan Amendment. Planning and Zoning Commission August 27, 2025 Page 6 of 20 Townsend noted her mother-in-law is at Briarwood right now and the traffic in that area is not that great, and there needs to be something done with that. She noted having the Roosevelt property be 9.9 acres of affordable housing sounds like an amazing idea and is in full agreement of that. A vote was taken and the motion passed 6-0. REZONING ITEMS: CASE NO. REZ25-0010: Location: 611 Greenwood Drive; Former Roosevelt Elementary School An application for a rezoning of approximately 9.9 acres of land from Neighborhood Public (P-1) zone to Medium Density Multi -Family Residential Zone with a Planned Development Overlay (OPD-RM-20). Russett stated this is the rezoning of the same property just discussed from Neighborhood Public (P-1) zone to Medium Density Multi -Family Residential Zone with a Planned Development Overlay (OPD-RM-20). Again, the zoning map shows multifamily zoning and single family zoning and public zoning surrounding the subject property. She stated the applicant is proposing 187 units of housing, all of which would be affordable if they secure those low income housing tax credits (LIHTC) which they are currently seeking. Their application to the State for those low income tax credits would make this a 100% affordable housing project. Russett shared some photographs of the property noting the change in topography on the property and the ravine and woodland. She also noted where there is an existing pedestrian crosswalk. The current zone is Neighborhood Public (P-1) and Russett explained the purpose of that zone is really for governmental property which allows for schools, parks, police and fire stations, other civic buildings that have governmental purposes. The proposed zoning is Medium Density Multi - Family Residential Zone with a Planned Development Overlay (OPD-RM-20) and the Planned Development Overlay is due to some impacts to sensitive features, particularly the slopes on the property. She stated there are multiple approval criteria that staff looks at for Planned Development Overlay rezoning. The first is related to density and design. The allowed density in the proposed zone is 24 dwelling units per acre, and the proposed density is 18.8 dwelling units per acre, so they are within that requirement. Russett next explained the difference between a regular rezoning and a Planned Development Overlay is that the rezoning is actually tied to this Plan and any development on this property must substantially comply with this Plan. If there are any substantial changes it has to go through the rezoning process again. Russett shared the site plan of the proposed building, it's one building with 187 units. There's a courtyard in the center, there is parking to the rear of the building, and then there's parking on the eastern side of the property. The building is set back 40 feet from West Benton Street and the building has a large setback due to the location of that parking lot from the eastern property line. Staff worked with the applicant to address some concerns related to pedestrian connectivity. They originally explored having a sidewalk along Greenwood Drive but that was not possible due to the ravine and the topography so they worked with the applicant to incorporate a north/south pedestrian connection to provide a connection from Greenwood to Benton and there's two routes, there's an accessible route that is a little bit longer due to the topography, that connects Benton to Greenwood, and then there's a non -accessible entrance to that pedestrian way that incorporates Planning and Zoning Commission August 27, 2025 Page 7 of 20 stairs up from Benton Street. Staff is recommending a couple of conditions related to that. One is the installation of that 10-foot wide pedestrian connection, the incorporation of a public access easement and then pedestrian scale lighting. Related to open space, Russett noted the plan incorporates a courtyard which has a playground and an open space area as well as some seating. She also noted on the plan where the dog park is located. The applicant has incorporated screening along the eastern property line to screen that parking lot from the neighboring property owners and they've incorporated some street trees to the south. Access to the property will be limited only to Greenwood Drive. There is an access off of Benton Street but staff is recommending a condition that access is only available for emergency vehicles. The applicant is also requesting a waiver from the height standards to increase the maximum height from 35 feet to 42 feet. Russett showed more renderings of the buildings and the elevations. The proposed building incorporates some design aspects that mimic town homes with separate entrances, the building also incorporates a step back between the second and third stories to help break up the mass of the building. There are design features also related to articulation and different building materials and changes in roof lines will help break up the scale. The next criteria is that development will not overburden existing streets and utilities. Russett noted the property can be served by existing sanitary sewer and water infrastructure. Staff did request that a traffic study was prepared as part of this rezoning and it determined that the proposed development would result in 86am peak hour trips and 82pm peak hour trips, and that the surrounding streets would still operate at an acceptable capacity and level of service despite the increased traffic. However, staff is recommending a couple of conditions. One is to install a raised crosswalk on Greenwood Drive. The raised crosswalk would help to slow down speeds and also provide a better pedestrian connection for those people walking in the community. The other condition is that the access drive to Greenwood be at or near a 90 degree angle, subject to the review of the City Engineer. The next criteria is that development will not adversely affect views, property values and privacy of neighboring properties. In terms of the surrounding the neighborhood Russett explained it is a mix. There's multifamily development, there's single family and there's even nonresidential uses with the early childhood education center and the long-term care facility. She noted there is a single family home that abuts the subject property to the east but the proposed building is set back approximately 140 feet from that eastern property line. The parking area is in that location, but it will be screened with some plantings. Russett noted there's also a significant grade change between the location of the proposed building and the existing home. Development to the north and to the west is buffered by the existing ravine. The homes to the south are across from the West Benton Street public right of way. The fourth criteria is that land use and building types will be in the public interest. Russett stated this proposal not only incorporates multifamily housing but aims to provide more affordable housing within the community. For the most part, it also protects the ravine and the woodland, and it would be redeveloping an underutilized site that's been vacant since 2019. In terms of consistency with the Comprehensive Plan, the Commission just considered that amendment and this proposal would align with the new designation of multifamily. Again, there's Planning and Zoning Commission August 27, 2025 Page 8 of 20 multiple goals and strategies within the Comprehensive Plan that align with this proposal related to compact and efficient development and redevelopment, discouraging sprawl. In terms of compatibility with the existing neighborhood, again there really is a mix of land uses, there's single family to the north, there's multifamily to the west, there's nonresidential uses to the east, some single family to the east and the existing City park to the south with another City park to the north. This existing ravine and woodland would largely remain untouched. There are slopes, woodlands and wetlands on the site so that is why the Planned Development Overlay is required, Russett noted there are some slopes that were human made, which will be impacted but the natural protected slopes on the site would not be impacted. 61.5% of the woodlands would be retained and that does not include the 50 foot buffer that they are also incorporating into the project. Russett stated there are a couple of wetlands on the property and the applicant has reached out to the Army Corps to see if those are jurisdictional wetlands and whether or not they would be regulated by the city of Iowa City. They do not have that determination yet but the project would not impact any of the wetlands that exist on the site. The applicant is also generally maintaining the existing buffers on the site for those wetlands but the required buffers for wetlands cannot be met on this site because of the existing driveway and the existing parking area so that's essentially non -conforming and would remain as is. Staff has received the four pieces of correspondence that related both to the Comprehensive Plan Amendment and this rezoning, one in particular being in opposition to the rezoning. Staff recommends approval of REZ25-0010, a request to rezone approximately 9.90 acres of land located at 611 Greenwood Drive to Medium Density Multi -Family Residential with a Planned Development Overlay (OPD/RM20) zone subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy, installation of a 10' wide pedestrian connection and dedication of an associated public access easement along the eastern portion of the property to extend from W. Benton Street to Greenwood Drive. Pedestrian path shall also include pedestrian scale lighting to be reviewed and approved by the City during the site plan review process. Lighting shall be installed and maintained by the Owner. 2. Vehicular access to the site from W. Benton Street is restricted to emergency vehicles only. 3. Prior to issuance of Certificate of Occupancy, installation of a raised crosswalk across Greenwood Drive near the entrance to the site subject to review and approval by the City Engineer. 4. As part of the site plan approval, ensure that the design of the access drive from Greenwood Drive to the subject property is at or near a 90-degree angle subject to review and approval by the City Engineer. Elliott asked about the 90 degree angle drive angle and is the new drive going to be currently where the old drive is. Russett explained they are going to have to reposition it so it's more at a 90 degree angle but it's going to be generally in the same location. They just want for safety purposes, that it's perpendicular. Elliott asked about the buffering that would be particular to the May's house, what level is that. Russett stated it would be S2 screening, which is between three and five feet high. Elliott asked about the lighting. Russett stated the pedestrian lighting will need to be certain Planning and Zoning Commission August 27, 2025 Page 9 of 20 height and because of the adjacent single family the applicant will have to meet the City lighting standards to not have any spillover onto the neighboring property. Elliott noted traffic has been brought up and her interpretation is the study showed that the traffic generated by this new building would not be enough to make any alterations in the current road conditions, like more stop signs or anything like that. Russett confirmed that's correct. Elliott asked if there is a time that the City can come back and re -look at this and see what the effect is, or do they just look to see if there's more accidents. Russett acknowledged for things like stop signs and traffic signals they have to be warranted, and there's certain standards that need to be met for those to be installed. She can't say at which point something would trigger a new stop sign or anything like that. Wade stated sticking with the traffic patterns asked for more detail on the decision to exit to the north rather than on Benton Street. Russett explained it is the City's policy generally to try to restrict access onto arterials, and since this property has another access, on Greenwood Drive, that was the rationale to restrict it, and they can still meet the fire code standards by providing that emergency access off of Benton Street. Davies asked what would happen if someone's parking in those spots by the Benton Street access. Russett stated there will be a gate there. Beining noted there were some concerns brought up about sustainability and the naturalness of the area so he was just wondering if there's any intention or an opportunity to install sustainable planting, such as a rain garden or bioswale within that courtyard area. Russett stated that is not being proposed at this point and the zoning code would not require that, they will be required to meet the stormwater management standards as part of the site plan review, but they can meet that through other methods. Townsend had several questions, one is regarding the actual driveway onto the property that goes up to this new structure, if turning out of this driveway on the left there is the childcare center and then straight up the hill is Briarwood so now there are not only two but three different driveways coming out and no stoplight and no stop signs. She knows it's a problem is because they go there almost every day and already it's a concern when the people are picking up their kids from the daycare. Now they're going to have 187 units of maybe 300 people coming down that entryway to Greenwood and not have them using the Benton Street driveway. Is all that traffic on Greenwood feasible. Russett stated based on the traffic study the streets will still operate at an acceptable level of service. Townsend noted that traffic study was done before occupancy of the big unit on Myrtle and Riverside so are they going to reassess it after the full occupancy of that Myrtle property. Russett cannot say how the City approaches that, but for the purposes of this rezoning there are no traffic signals warranted and there are no stop signs warranted because of the proposed development. Townsend asked regarding the affordable housing, how long is that for. Russett stated that's a question for the applicant. Townsend also noted affordable housing based on the formula they're currently using is $1,000 for a family. Russett stated that is established by the state of Iowa for LITHC, not the City. Townsend noted that really is not affordable for most people that need Planning and Zoning Commission August 27, 2025 Page 10 of 20 affordable housing Miller asked if Russett could illuminate some of the conversations that staff has had with the development team in regards to the public open space and the access agreement, the intention of that 40 foot buffer, and that 10 foot sidewalk. Russett stated the 40 foot buffer toward Benton Street is the standard setback for an arterial street. Davies noted then there is a 10 foot public access easement for the sidewalk so his concern is the neighborhood losing an important asset in terms of public open space so what conversations were had in terms of restoring that or providing some sort of public open space. Russett noted there are two parks that are within walking distance of the proposed project. Townsend stated another concern is they tear down the school and build a three story building that's going to look like a palace on the hill, is that fitting into the neighborhood. Russett noted there are some homes to the north but the ravine is probably going to obscure the building. Wade noted the basketball court always got used a lot at Roosevelt and he doesn't see any kind of outdoor activity. He also asked if there is any kind of entrance signage on Benton Street prohibiting using that drive. Russett reiterated there will be a gate there. Wade noted to the earlier point on Briarwood, it is a very close double drive entrance, which is probably going to create a little bit of confusion or some turnaround activity. Miller went back to the question about the two driveways close to each other and the traffic study, were the uses and driveways acknowledged. He pointed out on page 33 of the traffic study it showed a couple potential site driveway improvements, where it made it more perpendicular so is that what is being proposed back to the design team to revise their drawings. Russett confirmed the condition staff is recommending is to make sure it's perpendicular to Greenwood. Beining is concerned about codifying that closure onto Benton Street and does it present an issue on Greenwood, he would just like to be able to revisit that and maybe having that be a condition of the redevelopment. Russett stated the City Engineer and transportation planner would state having access onto Benton would create the problems. Again, with any development in the City they avoid access onto an arterial street if possible. Elliott opened the public hearing. Jon Marner (MMS Consultants) are the civil engineering team working with TWG on this project. Taylor did a great job earlier of covering their vision for the property, their experience with this type of development, both in Indiana and Iowa and in the region. Marner will try to address some of the questions. Regarding the intersection for the entrance onto Greenwood Drive, as opposed to Benton Street, one of the constraints with Benton Street was how to enter, the entrance at the current Roosevelt School, where there it's centered on the hill, it is part ways downhill and that's not an ideal location. Further to the west is too close to the crest of the hill and also closer to the Greenwood Drive intersection. Because it's an arterial road they don't want to have those two street connections or those entrances too close together. To another point, some of the concerns that were expressed routing traffic on the Benton, while they understand the concerns about all the traffic going to Greenwood, and that connection, routing traffic onto Benton would potentially amplify some of the other concerns from the neighbors, as far as traffic and the speeds and Planning and Zoning Commission August 27, 2025 Page 11 of 20 going up and down the hill, and that traffic going onto Miller and Hudson, so all of those were conversations that were had with staff in planning to come to the appropriate solution. The entrance onto Greenwood Drive, as the traffic studies mentions, and is one of the conditions that specified, there is an opportunity there to do that raised crosswalk. If there's not a stoplight there that raised crosswalk can help slow speeds, and it helps draws attention to pedestrians and people entering and exiting from those sites. So it serves for both protecting pedestrians and also serves to help delineate to vehicular traffic that there's entrances there and slows them down. Regarding the parking and the building placement Marner stated one of the things they worked with staff was the discussion to place the building closer to the existing school location, or to slide it farther to the east, or to put the parking to the east and after a lot of back and forth between staff and the development team they all came to the same conclusion that the best option would be to have in its current location as it reduces the impact of the building itself from the neighborhood to the east and to the south. Marner understands the concerns with the parking that's why City code requires the screening that's needed along that east side to address some of those concerns. Lastly, Marner discussed the setback from Benton Street, they do meet the 40 foot setback in the southwest corner but most of the rest of the building, all the way along the length of Benton Street, is actually set back an additional 40 to 50 feet so that reduces the impact to the Benton Street corridor by pushing the building back further. He acknowledged there's also building design elements that the architect worked with City staff on, and they tried to incorporate varied roof lines, low roof lines, similar to prairie style architecture to try to match the grade going down Benton Street. He stated that's the part of the vision behind the setback between the second the third stories as well, and then again those roof lines vary and they start to reduce the building height as they approach the eastern side of the property. Marner stated with regards to the wetland buffer and the sensitive areas, the existing drive is the preexisting condition and they're generally putting the road back in the same location that the existing drive is. If they tried to move the existing drive or the proposed entrance to a different location, in addition to the potential impacts to the wetlands, they would also have to remove quite a few trees and impact some of those sensitive grades. If they tried to fit another drive entrance through that location it would take out one of the valuable components of this site, which is that wooded area and the ravine. There are paths through there, some trail systems, that can still be beneficial for the residents of this project. Jackson Taylor (Senior Development Director, TWG Development) wanted to address the point about the area median incomes and the way that those are calculated to make sure everyone was clear about the affordability component of this project. It is very geographic specific and it's based on US census data each year. It is also the median income, not the mean income, so there is no averaging or outliers skewing it way up with high earning income individuals. Once they set the median income statistically whatever that baseline median is, they have to be below even further a percentage of that. To give an example with very round numbers, if the mean is $100,000 then a 60% AMI household would be restricted to earning $60,000 and the rents themselves, the benchmark standard as far as housing affordability, is that housing should not take up any more than 1/3 of an individual's income, a lot of that's incorporated into some of the underwriting standards as well for compliance and tenant approvals. Townsend asked for Iowa City aren't they using the HUD formula which for a family of four it was somewhere around $90,000 Taylor doesn't want to say anything's incorrect without having all that information in front of him so he doesn't want to comment on that. He just wanted it to be on record that that is the affordability they're talking about. Planning and Zoning Commission August 27, 2025 Page 12 of 20 Regarding how long the affordability will last, Taylor stated when they receive these tax credits they're required to buy, hold, own, and operate these properties for 15 years. Beyond that 15 years they also have an additional 15 year compliance period. That means during the initial 15 years they're totally locked into the property. If within that time period they were to mess up their tax credit commitments or potentially try to sell the property to someone else, the property would actually lose its tax credits, which through the IRS would be a total disaster for any deal because they have investors who come in, and there's personal guarantees that get signed. The extended use period is an additional 15 year period where IFA, the state agency, will award a project these affordable housing tax credits, but to ensure that they remain committed long term as affordable they'll record a land use restriction, a restrictive covenant that gets recorded to restrict it very specifically to the unit account and the income levels at the property. That way it'll run throughout that period of time. Townsend noted they're only guaranteed 15 years, the additional 15 years is based on the covenant so it's not a guaranteed 30 years. If they are trying to fix the affordable housing problem, 15 years is not a long time. Townsend asked if these are all rental units. Taylor confirmed that was correct. He added part of why they deviate between the 15 years and the 30 year period is because from a public policy perspective, the 30 year period is designed to ensure the long term affordability of that asset itself, but the 15 year lifespan is a little bit different and once they surpass that 15 year threshold the developer is actually eligible to go in and get additional tax credits to improve capital expenditures, everything else that's sorely needed at the property to through the exact same program. Townsend stated so the guarantee is only 15 years, and the additional 15 for affordability is contingent upon them receiving more tax credits. Taylor stated the 30 years is guaranteed for affordability. Miller asked what would happen if they were not awarded the LIHTC credits to the project, would it essentially kill the project. Taylor confirmed yes, they are an affordable housing developer and have only considered the site as affordable housing. That is what they do. He did note they have owned this property since 2021 waiting for the economics to turn around. Historically, especially once they are committed to a site, they've gone in for multiple rounds of tax credit applications until they are eventually able to get something to work. Marner noted there was a late correspondence asking some questions about parking, and somewhat related to that question is about a year ago the City Council passed the code amendment for the affordable housing and the parking component. If everything fell through, and this OPD still has to be conformed to for any development, but because there wasn't an affordable housing component, a developer would have to revert back and provide parking based on the current City code. He just wanted to clarify that the parking requirements by the City differ for affordable housing. It is based on the amount of affordable housing units and in this case, what's proposed is a 100% affordable housing project, so it has zero required parking. Marner added at the good neighbor meeting what was presented was 113 parking spaces for the 187 units, roughly 61 % and they heard a lot of the concerns at that meeting related to both traffic Planning and Zoning Commission August 27, 2025 Page 13 of 20 and parking. So understanding that the City ordinance requires zero but there were concerns related to parking, they looked at other opportunities to add parking and added two parking bays right behind the northwest corner of the building and were still avoiding the protected slopes. So now they have 162 spaces and approximately 86%. Davies asked about the stormwater, how do they plan to meet the City's stormwater requirements. Marner explained everything that's in the new building and in the parking is all going to be routed to the existing area already functioning as a detention basin on the property in the wetlands, as that's an allowed use. It's allowed within both the Core and City code. It is still to be determined whether that's jurisdictional or not and they are awaiting that confirmation from the Core. What they've presented is based on a presumption that they still need to adhere to the city of Iowa City's ordinance related to sensitive areas, and that it may be jurisdictional, though the stormwater would be detained in that current existing area and then outlet it back into the storm sewer system and get into the city of Iowa City public storm sewer system. Wade asked if the building will be roughly where Roosevelt School is now at the crest of the hill or very close. Marner replied it is maybe just a little bit farther out, but it's very close to that same area. Beining asked the developer if he could elaborate on what AMI specifically they're targeting, because he has heard of some projects that are going closer to 30% and going after that extremely low income versus just a moderate low income. Taylor acknowledged there are different types of tax credit programs, and the different programs tend to incentivize slightly different. IFA has what's called the 9% program, which generally provides more subsidy per unit to the project. There are smaller deals in general, and get less funds in general from IFA, but those are more competitive. Those are the traditional programs with developers trying to outscore everyone. Whereas the 4% program is a lot less subsidy per unit, but that's generally made up in terms of scale to development, so you'll generally see the larger developments and they've historically been less competitive as well. But part of that reduced subsidy per unit is they do need some of that rental revenue since they're financing more with debt with that piece. Taylor stated they will be doing 60% of AM I. Townsend had one more question on regarding the parking traffic business. What are they doing now for football season, is that lot being allowed to be parked on, there's a lot of parking on the Roosevelt lot right now. Taylor stated they actually got alerted to that and were getting some notices from the fire chief and from the City as well so they will be putting out towing signs to protect the residents. Townsend stated the concern about traffic from the 187 units going onto Greenwood and there not being a stop sign on Greenwood. Marner reiterated they initiated the traffic study at the request of staff, they consulted with staff and the traffic engineers and all the traffic counts at Benton and Greenwood at the current existing entrances were used to monitor that traffic and they incorporated those based on that direction from City staff at the time. He also added regarding the question about the impact of the new building at the corner of Myrtle and Riverside Drive, they were provided data from the City, a traffic study that was done as part of that project and incorporated some of that information as well in this determination. Townsend noted however that building is still not fully occupied, when they did the traffic study, Planning and Zoning Commission August 27, 2025 Page 14 of 20 school was not in session, so they didn't have the students. Marner stated they did obtain additional data pertaining to traffic counts that were done when school was in session, and they incorporated some of that those figures as well in trying to make any adjustments that were necessary. Again, they worked the traffic engineer, worked back and forth with staff to do the best to account for those specific instances and concerns that everyone is speaking about. Davies asked for one more quick clarification on the affordability, Taylor said the 4% tax credit program is 60% AMI, and that limits housing costs to a third of an income. A four person household in Iowa City, based on HUD, is $69,240 so they would take that times a third and that's how much they could spend per year, and they would divide that by 12, and that would be the monthly rent. Taylor confirmed the concept is correct but part of what they also factor into that are the utility allowances such as water, sewer, electric and there's actually a formula the state agency requires them to use and they either need to gather that information from local public housing authority, or get it commissioned by a licensed energy rater who can study the building and calculate an average tenants consumption per unit, etc. All gets reviewed, submitted to IFA and justified. Miller noted when reading a little bit about Roosevelt School, the importance of that ravine was emphasized in quite a few articles, so what is the state of the trail system in there and is there any sort of intention of using that as an amenity for the community or the residents of this particular development. Marner will defer to Taylor on the potential uses from an amenity standpoint and for the neighborhood, but the current state of the area is there's still a little bit of a trail through there and there is likely an ability to amplify or enhance it a little bit without disturbing the remaining portion of the wooded areas and ravines. Taylor added it's always been in the back of their minds to try to find a creative use of the area and part of what they are waiting to get back is that official Army Corps of Engineer data because they won't be able to touch any of that if it is within Army Corps jurisdiction. Once they get past that hurdle they can maybe look at some designs and try to find a good way to do that. Right now they're a little bit budget constrained, and then also it if they did make it open to the public how do they make that accessible. There are a lot of considerations they need make. Miller stated there's two amenity spaces identified within the building, one on the Benton Street side and one on the northeast side, assumably those are private building amenities. There is also the dog park, a large green space and then the central courtyard. One member of the public commented about losing the public amenity along with losing Roosevelt, so will any of these be amenities for the public. Marner stated obviously anything on the interior courtyard, and within the building will be private, the developer also confirmed this is going to be a private dog park. Marner stated there will be a small play structure in that central courtyard and they're also strongly considering incorporating a fitness facility. Taylor stated they've also looked at various iterations of community gardens as they are also big fans of sustainable development. As he mentioned a little bit earlier they are planning to design this to NGBS Silver which is a much higher energy commitment than what was previously done. Beining stated with regards to sustainability, when it comes time to start moving dirt and such hopefully they will be willing to watch out for the nature in the area. Taylor confirmed 100% they will. Personally, his approach has always been to be good neighbors to people when coming into their community and respect each other. He acknowledged that requires a little bit of give and take and they have incorporated a variety of mechanisms of screening to try to block out some of Planning and Zoning Commission August 27, 2025 Page 15 of 20 the eyesight. Marner added for all the ravine, the protected slopes, the wooded areas, the potential wetlands anything even contemplated would have to comply with the city of Iowa City sensitive areas ordinance. Beining noted they are concerned about these trails in the background and what a wonderful component of the community they are. He uses the trails himself, he went to Roosevelt, people love nature so perhaps from a landscape, architectural perspective, if they have any opportunities to have a collaborative solution down the road for enchantments there that would help alleviate some of these concerns. He added then same with the detention base, maybe it's a plausibility to follow a stormwater code and have more sustainability efforts in there such as rain gardens or bioswales to help soak up some of that water. Marner stated to the wetlands question, or the area that's potentially a jurisdictional wetland, they're not proposing any grading in that area, they're only proposing to connect the storm sewer into that as it's already functioning as a de facto detention area. They are just connecting a new outlet pipe into it to get it routed correctly into the public storm sewer system. Yes, maybe there's an opportunity to do something different but then they would be disturbing what's already a natural habitat in that area. TWG is willing to as they get into the site construction to look into all the things. Lindsay Park (401 Douglass Street) moved to the Miller Orchard neighborhood in 1992 and loves his neighborhood, it was like they're a little Longfellow, a wonderful school surrounded by wonderful houses, they're like a little version of that. So then over these 30 plus years, it was sad to suddenly not see kids walking out of their houses and going to school and having to be bused elsewhere. That school was the only public thing, the center of the neighborhood and it died. It's not coming back. Park acknowledged when he thinks of this area there are things he is so grateful for, like that the ravine is going to still be there and everything. He definitely supports affordable housing, but when he walked up there this morning and looked at where this proposed stairway is, the east facing facade of the school, he wondered if they can preserve that concrete set of three arches somehow and make it a monument that still faces east or perhaps the sidewalk that comes up make it the center arch in honor of the history and the name Roosevelt, so that somehow something of that school still survives, that would that would be wonderful. James W May, Jr. (612 West Benton Street) has two questions, both about the ravine. First is how much of the stormwater has been projected to flow into the ravine, and how long is it going to stay in there because there's a lot of mosquitoes that come from that ravine and towards the back of their house and backyard, and that's dangerous, so will that be addressed because that is a definite concern, especially with various diseases that are out there now and coming to Iowa. His mom has already been bitten by ticks. May stated he is bringing up things that are a concern that a lot of people wouldn't understand until they're there, and having lived in the neighborhood and experienced them, so how this would affect the neighborhood is pretty paramount. His mom is 97 and he's 71 and have more time behind them than ahead but it's not just about them, it's about the neighborhood so if anything could be done it should be done. Paula Swygard (426 Douglass Street) has two points, the first one is she appreciates the concern and the maybe attempts to rectify the traffic situation in the neighborhood, but it's gone too far beyond anything one can do. Those of them who drive Benton Street all the time know that going up the hill, if you had to stop as people are trying to turn right into any access, would create a backup on the hill that even the City busses don't attempt to use. And then coming Planning and Zoning Commission August 27, 2025 Page 16 of 20 down the hill, if they were trying to turn left coming off of Benton at the top of Benton Hill, again, they're going to just end up with a lot of accidents. She drove her daughter to school there when they could use that entrance off of Benton Street and if one was to look back at accident reports from that period they would see there were many accidents. Also, the sun hits in the evening going up that hill and can blind a driver. The other point is for the parking on the east side, if there's going to be parking with any houses that are in close proximity, the Commission might consider instead of an S2 level of screening, which is two to four feet high going to the next level up S3, which is five to six feet and requires a certain amount of evergreen which might help screen just a little better. Mary Knudson (725 West Benton Street) wanted to back up what Swygard was saying about Benton Street, she lives in the middle of the hill and knows how dangerous it is to slow down and have cars coming behind her. She puts her blinker on at the bottom of the hill when she goes up the hill to give the cars a signal that they need to slow down behind her and not be bumper to bumper as she needs to go left into her driveway. Knudson taught two kids how to drive on that road, so they've learned how to read traffic really well, but it is a dangerous street. Knudson also had a question about the airport and the height of the building and if that was going to be a problem or not. Kory May (612 West Benton Street) noted a couple of things that they haven't discussed. At the bottom of Greenwood there is a rail line and when the train comes through traffic backs up on Greenwood, which backs up traffic on Benton, and then all of that outflow has to go somewhere, so maybe that goes on Woodside and Oakcrest, but this egress is going to be a problem, because that train comes through somewhat regularly and usually it's around five o'clock and that's where people are trying to get their children or visit mom and dad at Briarwood. And again, as everyone has pointed out, moving from Greenwood up to Benton is problematic because traffic is coming up at a nice rate of speed to get up the hill, and to turn right or turn left from Greenwood is an unregulated stop. Number two, is a concern about light pollution and air pollution. They have not discussed what the height of the parking is going to be relative to the May property so they can't necessarily guarantee that runoff is not going to come onto their property. He noted these are questions that are specific to their property, because they're the only ones with the adjoining property, but until those are addressed they've got outstanding questions. Anna Buss (525 West Benton Street) stated before any of them vote on this she invites them to come over between 7:30 and 9:00 in the morning and between 4:30 and 6:00 in the evening, Monday through Friday, and sit in the driveway that goes into Roosevelt, that should be a telling tale, right there. There's no way, no matter what anybody says, that they can control the traffic to not come out on Benton Street, it's going to happen. They've have lots of accidents over there and a lot of close calls. Elliott closed the public hearing. Wade moves to recommend approval of REZ25-0010, a request to rezone approximately 9.90 acres of land located at 611 Greenwood Drive to Medium Density Multi -Family Residential with a Planned Development Overlay (OPD/RM20) zone subject to the following conditions: 1. Prior to issuance of a Certificate of Occupancy, installation of a 10' wide pedestrian Planning and Zoning Commission August 27, 2025 Page 17 of 20 connection and dedication of an associated public access easement along the eastern portion of the property to extend from W. Benton Street to Greenwood Drive. Pedestrian path shall also include pedestrian scale lighting to be reviewed and approved by the City during the site plan review process. Lighting shall be installed and maintained by the Owner. 2. Vehicular access to the site from W. Benton Street is restricted to emergency vehicles only. 3. Prior to issuance of Certificate of Occupancy, installation of a raised crosswalk across Greenwood Drive near the entrance to the site subject to review and approval by the City Engineer. 4. As part of the site plan approval, ensure that the design of the access drive from Greenwood Drive to the subject property is at or near a 90-degree angle subject to review and approval by the City Engineer. Miller asked about adding a condition about upgrading the landscaping. S2 screening is only three to five feet and that might not actually screen the parking, headlights and stuff. Should they bump it up to S3 so it's taller and could potentially screen that more. Wade move to amend his motion to approve with a revision on the conditions to increase from S2 to S3 screening along the eastern parking lot. Miller seconded. Wade discussed other areas such as Briarwood, long term care is a use similar to residential use so suggested S3 screening be done the whole way, obviously it's probably a little more expense. Miller feels it is more impactful on the eastern edge of the property and at the north entrance onto Greenwood which is on the hill they wouldn't want that extra height to screen visibility so it should just be S3 at the parking lot edge. Miller asked about the parking lot lighting. Marner stated all lighting would all have to conform to City ordinance, they haven't received the detail lighting plan, but that would all have to conform to the standards for the residential. Wade noted change is difficult, but it is a use with the LITHC that makes sense for the area. He is glad to see a development or reuse of the Roosevelt School grounds and anything they can do to get additional housing in the community is needed. Miller would echo that but does think that the density may cause some traffic issues on Greenwood there, with that intersection, but other than that the City rightly removed the minimum requirements for parking, to encourage and incentivize affordable housing, and that's part of what's allowing this project to happen, and it is a good thing for the community. There is a bus stop right on that corner of Greenwood and Benton as well. This feels like an appropriate use and the scale is sensitively done with setbacks and the townhome scale, the parking is all hidden behind it and the addition of the S3 screening helps. Overall it's more good than bad. Beining has essentially the same things to say and is familiar with the area. This reminds him of when they had a new structure on the playground. As children, they erected it and he remembers Planning and Zoning Commission August 27, 2025 Page 18 of 20 there were discussions in the principal's office of the safety. It's a very real concern and it's something they do need to prioritize but looking back on that the opportunities for growth as silly as it sounds, that that little structure gave them as members of Roosevelt School in a small, subtle way to come togehter.There is hope this project will honor Roosevelt by everyone coming together and incorporating some of those things, such as the S3 screening, to help alleviate the burden as long as they're holding up to these standards. Davies wondered how the ravine was used when it was a school. Beining stated they would look out at the birds and they had a class in school that used to take them around the woods to look at those little birds, pick the different leaves, take them home. Davies is generally supportive of affordable housing and the development, he thinks it's just really important to note to both the development team and to City staff that the really critical component an elementary school plays in a neighborhood, not just identity, but those green spaces and those public spaces are critical. It's identified in the Comprehensive Plan. Therefore he hopes that everything can be done to give something back to that community, whether that's access to the ravine, if that's possible with very simple trails or with the green space on the front of the building. They talked a little bit about a bus stop but with the parking reduced perhaps either making a dedicated bus stop or nicer bus stop would be nice. It's important to recognize what a community and a neighborhood loses when they lose an elementary school and that history so he would love to see just continued good neighbor efforts from the development team to do whatever they can to restore what has been lost in terms of public open space and what can be done in terms of dedication of public open space. Townsend acknowledged they do need the affordable housing and would hate to not vote on this for that reason, but she still has concerns about the traffic, about the parking and would hope that the City will look at that periodically to see how that unit is going to affect the traffic on Greenwood. Elliott is in support of all this, just for what's been said and would like to thank the public for coming tonight and for their comments. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: AUGUST 6 2025: Beining moved to approve the meeting minutes from August 6, 2025. Townsend seconded the motion, a vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett shared updates from the last Council meeting. The City Council approved the Comprehensive Plan Amendment for the former ACT property, they approved the rezoning at 911 North Governor Street, and the rezoning at Monument Hills, which is the second rezoning that came to the Commission for the area at Scott and Rochester. Russett also wanted to mention the open meeting trainings, Beining and Davies are the two Commissioners that are required, per the law, to take this training because they were appointed Planning and Zoning Commission August 27, 2025 Page 19 of 20 July 1. The City had encouraged all board and commission members to take the training however the rollout of these trainings has not been going that well, so the rest of the commissioners don't need to worry about signing up right away. As more trainings become available and the rollout improves, staff will let everyone know. ADJOURNMENT: Townsend moved to adjourn, Wade seconded and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2024-2025 4/3 5/1 6/26 9/4 9/18 11 /20 12/4 2/19 3/5 5/7 6/4 6/18 7/2 7/16 8/6 8/27 B E I N I N G, KA L E B -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O X X DAVIES, JAMES -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X CRAIG, SUSAN X X X X X X X X X X X X -- -- -- -- -- -- -- -- ELLIOTT, MAGGIE X X O/E X X O/E X X X X X X X O/E X X HENSCH, MIKE X X X O/E X X X X O/E X X X -- -- -- -- -- -- -- -- MILLER, STEVE -- -- -- -- -- -- X X X X X X X X O/E X X X X PADRON, MARIA O/E O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- QUELLHORST, SCOTT O/E X X X X O/E X X X X X X X X X O/E TOWNSEND, BILLIE X X X X X O/E X X X X X X X X X X WADE, CHAD X O/E X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 3, 2025-6:OOPM—FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: James Davies, Scott Quellhorst, Billie Townsend, Chad Wade MEMBERS ABSENT: Kaleb Beining, Maggie Elliott, Steve Miller STAFF PRESENT: Madison Conley, Liz Craig, Sue Dulek, Anne Russett OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 4-0 the Commission recommends Title 14 Zoning be amended, as illustrated in attachment one, to update requirements related to floodplain management standards for Iowa City residents and businesses to have continued eligibility to obtain insurance and participate in the National Flood Insurance Program. CALL TO ORDER: Quellhorst called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ZONING CODE TEXT AMENDMENT ITEMS: CASE NO. REZ25-0013: Consideration of amendments to Title 14, Zoning related to the City's Floodplain Management Standards. Conley stated the purpose of this Zoning Code Amendment is to have Iowa City remain a participating community in the National Flood Insurance Program in order to receive flood insurance for the community. To maintain eligibility and compliance within this program, Iowa City needs to do two things, one, adopt the new Flood Insurance Rate Map and Flood Insurance Study provided by FEMA, and two, align the local ordinance to the National Flood Insurance Program standards to ensure continued program compliance. Conley noted the last time these standards were revised was back in 2010 according to ordinance number 10-44-14, and the proposed amendments brought forth tonight are geared towards Iowa City's Floodplain Management Standards, which is found in Title 14-5J of the zoning code. Conley noted some key terms for the Commission, first is the NFIP, the National Flood Insurance Program and what it means to be a participating community within the NFIP. The NFIP provides federally backed flood insurance to property owners and businesses. In exchange for flood insurance, participating communities like Iowa City must adopt and enforce minimum floodplain management regulations to reduce flood risk. The NFIP offers coverage for flood damage to homes, belongings and businesses, and it's managed by FEMA, the Federal Emergency Management Agency. The minimum standards can be found and defined in the Code of Federal Regulations. The next key term is the Flood Insurance Rate Map, known as FIRM. Once the current Flood Insurance Rate Map is adopted by a community that is used to determine the Planning and Zoning Commission September 3, 2025 Page 2 of 9 minimum flood plain management building code and flood insurance requirements under the National Flood Insurance Program. On the physical FIRM they are able to see the special flood hazard areas which entail approximate zones and the floodway is delineated on it. Flood lenders as well as certified floodplain managers utilize this FIRM as a tool to determine what structures may or may not be in a special flood hazard area and it helps determine insurance risk zones, provides the official data for flood hazard risk and influences decisions about flood insurance and construction regulations. Regarding background, Conley stated that in May 1977 Iowa City officially joined the National Flood Insurance Program, which allowed insurance for the community, specifically flood insurance and the first effective FIRM for the community. That FIRM was used all the way until February 16, 2007, at which time the current effective Flood Insurance Rate Map that is utilized today was created. In addition, all insurance lenders who are looking at flood insurance utilize this FIRM as well. Then in January 2020 FEMA, as well as the Iowa DNR who helps put together the information through different types of analyzes, released a preliminary Flood Insurance Rate Map and unfortunately there was some errors in that map so that pushed back the timeframe for the community adopting that FIRM as the new effective one. In April 2023 is when the Iowa DNR and FEMA released the revised preliminary FIRM and that FIRM went through an appeals period and comment period for about 90 days, and then after that was made final. Therefore, in June 2025 FEMA sent the City an official notice that the FIRM and Flood Insurance Study (FIS) are to become effective December 26, 2025 which signals staff that as a community they need to have these FIRMS and materials adopted by that date. Additionally, as a delegated community, Iowa City is responsible for locally enforcing and maintaining floodplain regulations. These proposed changes reflect FEMA and Iowa DNRs guidance and help ensure Iowa City continues to uphold and exceed minimum NFIP standards. Conley explained that exceeding minimum standards means not only as a community do they enforce the minimums that are set by the National Flood Insurance Program, they have chosen to adopt the higher standards to not only to help protect the community from flood risk and hazard but also because Iowa City is a part of a Community Rating System program. Conley explained a Community Rating System program is established by FEMA and basically it's a voluntary program that rewards communities with discounted flood insurance premiums for implementing floodplain management activities that go above and beyond the minimum requirements of the National Flood Insurance Program. Iowa City joined this program to receive discounts on National Flood Insurance Program premiums for residents by implementing advanced floodplain management activities that go above and beyond minimum requirements. Some of these requirements in Iowa City's ordinance include elevation and freeboard which means Iowa City as a community requires residential structures to be elevated at least one foot above the base flood elevation, above the minimum regulation of the 500 year flood plain, also known as the 0.2% annual chance flood hazard area. Iowa City regulates not only to the 100 year level, also known as the base flood and as the 1 % annual chance flood event but even further and regulate to the 500 year. Next is the substantial damage and substantial improvement which states that for any type of structure that has been damaged or is going through repairs there's a certain calculation that a certified floodplain manager utilizes to determine if this structure needs to kick in higher regulatory standards. For example, in Iowa City if there is a structure that exceeds the cost of 50% of the market value of the structure it would need to come into full compliance with what is Planning and Zoning Commission September 3, 2025 Page 3 of 9 in the floodplain management standards. Additionally, Iowa City also included an original floor area increase of 25% or more will require compliance. The next standard is the protection of critical facilities, this includes hospitals and jails. Iowa City has determined that Class 1 Critical Facilities are not allowed in flood hazard areas. Then there's enclosure design requirements, such as venting and elevation requirements for enclosures below the base flood elevation and lastly is dry-floodproofing. Conley explained d ry-flood proofing is having a system in place to put barriers that protect the structure from water coming in. Iowa City requires not only to have a certification from a professional engineer, they also need to have a plan of action for when the flood actually does happen, to make sure there is a safety measure. Again, Conley noted these higher standards are utilized as a regulatory tool that gives Iowa City points in the Community Rating System. Conley stated that along with the higher standards, staff has a summary of the proposed amendments (Attachment 1) that was included in the agenda packet. First amendment is definitions, she noted a lot of the definitions in the current ordinance are based on 2010 ordinance language so the proposed amendments help align these terms with FEMA and Iowa DNR terminology and help add and clarify certain terms. Then there's development in the floodplain, currently they have a general development definition with limited examples and staff is proposing to clarify development activities, such as grading, fill, utilities and refine substantial damage and improvement criteria. For accessory structures Conley noted there are not many clear standards on this in the code floodplain section, so staff has established criteria for detached structures in flood hazard areas, which includes floodproofing or elevation. Enforcement and violations, the code features general enforcement language, but staff is proposing to clarify violation handling per FEMA and local expectations. Then for floodway and encroachment, Iowa City has a limited "no rise" requirement, which basically means they can't have any development in the floodway because that would increase the waters above the base flood elevation. That's the current minimum so staff is adding a requirement in the ordinance that a "no rise" analysis and certificate is required from a professional engineer for any development in the floodway. Next is the elevation standards, it is already determined that residential structures in Iowa City must be one foot above the 0.2% flood hazard area and staff is proposing to reaffirm this by clarifying venting, anchoring and structural compliance for new or improved buildings. Next is the permitting process and there is a permitting process that exists, but it lacks detail, so the staff proposal is to formalize documentation, such as elevation certificates, cost estimates and compliance steps. Then lastly is variance criteria. The current code references general zoning language, but this proposal adds flood specific variance criteria and a clear code reference, so it makes sure everything is consistent. Conley reiterated that Iowa City exceeds the minimum NFIP standards and are a part of the Community Rating System. She declared the Community Rating System has a total of 10 classes that communities participate in and these are based off a point scale. Each class then is determined by the amount of points a community receives as credit for floodplain management activities. There are four activity categories, such as public information, mapping and regulations, flood damage reduction, warning and response. The higher standards Iowa City has as a community continue to enforce allow the community to maintain a Class 6 ranking in the program, which provides the community members with a 20% discount on flood insurance. At Class level 10 they would not receive any discount and are just a participant in the Community Rating System program. Class 1, which is the most stringent class, receives a 45% discount. Planning and Zoning Commission September 3, 2025 Page 4 of 9 Additionally, the proposed amendments reflect collaboration between Iowa City as a delegated community and the Iowa Department of Natural Resources, which is the state agency responsible for reporting to FEMA that Iowa City, as a delegated community, is in compliance with the minimum requirements established by NFIP. Overall, the adoption of the new Flood Insurance Rate Maps, the Flood Insurance Study and the proposed amendments will ensure that Iowa City continues to remain a participating community that is eligible for flood insurance within the National Flood Insurance Program. Staff recommends that Title 14 Zoning be amended, as illustrated in attachment one, to update requirements related to floodplain management standards for Iowa City residents and businesses to have continued eligibility to obtain insurance and participate in the National Flood Insurance Program. For next steps Conley stated upon recommendation from the Planning and Zoning Commission, a public hearing will be scheduled for consideration by the City Council. The anticipated timeline includes September 16, where Council will set a public hearing, and then October 7, where Council has the public hearing and there is the first consideration. Quellhorst asked with regard to the amendments that staff is proposing, those are not necessary to meet the minimum federal standard, but the amendments are being proposed to improve or maintain the City's classification and reduce flood insurance premiums. Conley explained the amendments that are being proposed are actually things that the community is already doing, they just aren't written in the ordinance. The Iowa DNR has noted that FEMA requires the City to have this language written in the ordinance. Utilizing the proposed amendments will not move up the City to a different class, they are just making sure that the ordinance meets the minimum requirements established by the NFIP guide. The Iowa DNR comes for a community assistance visit and checks to see if the ordinance is up to date with the language that FEMA is looking for. Quellhorst noted this essentially was a circumstance where the regulations are a little bit ambiguous and so staff is proposing amendments to just bring it in line with current practices. Wade asked if the 0.2% is FEMA regulated. Conley stated it is not, that's a higher standard. The 0.2% Flood Hazard Area is shown on the Flood Insurance Rate Map, but it is not regulated as a requirement for cities to regulate to by the NFIP as a minimum, it is something that the City has chosen to go higher on and regulate to, in addition to the 1 %. Wade stated the 0.2% means they need to be bring grade one foot above that. Conley confirmed that was correct and explained if there's a new home that wants to be built and the property is located in the 0.2% Flood Hazard Area, this is saying that the lowest floor will need to be built one foot above whatever the 0.2% elevation is at that location. Wade noted a particular building as an example, it seems to fall in that 0.2% area so if there was any kind of floor expansion or something like that, then would that trigger the requirement that it would have to be built at that one foot above grade. Conley explained the way that any type of compliance is triggered is if it qualifies as a substantial improvement. So if they're doing an addition, and the cost of that project goes 50% above the market value of the structure, then that's when the higher regulations kick in, and the full structure, including the addition, need to be brought into compliance and the whole structure needs to be elevated one foot above the 0.2% Wade noted the Ralston Creek area seems like most of that area falls within that regulation so Planning and Zoning Commission September 3, 2025 Page 5 of 9 Iowa Avenue, for example, all those properties would be impacted if they made an improvement, or if there was a turnover in housing that essentially that new standard would apply. He asked does that get the City more base points, and how does that benefit the property owner. Conley clarified that with certain additions they may not have to be brought completely into compliance it just depends where it falls with the cost analysis. But to answer the question, the City doesn't technically receive extra points for that, it's just a higher level of protection. The City generally get points for just having higher thresholds so for example, the 25% expansion of floor area is a standard that would give extra points. She acknowledged it might be a disservice to the homeowner or property owner who wants to build however that's why it's important to make sure the City and community are making homeowners aware of where they are in the Special Flood Hazard Area, or if they are even in one, and work with them to make sure if they do want to do a project that their project doesn't cross that threshold that kicks in higher standards. Russett also wanted to clarify that's an existing standard, since 2010 the City has required new construction within the 0.2% to be elevated by one foot above that elevation. They have been enforcing that and implementing that since 2010 and are not proposing to change that. It's been administered that way, it's just not been clarified in the code. Conley noted there are other things, like maybe the certifications or something like that, that needs to be clarified in the code as well. She noted the substantial improvement part of the code is clear it's just that, for example, documentation such as a cost estimate that is needed in order to determine what the actual amount of the project will be and since it doesn't clearly state that in the previous version, then it's hard to sometimes get the cost estimate. The Iowa DNR and FEMA are making sure that the City and community are receiving the materials needed to accurately assess or determine if it is actually a substantial improved structure or not. Wade stated in the booklet it references commercial as 14-5J-7f, how are commercial properties treated. Conley stated commercial is treated differently, residential structures are not allowed to be flood proofed at all but commercial has the ability to be flood proofed in a way where it can be d ry-flood proofed. For example, there was a Pancheros that was just built where they used flood proofing measures such as barriers and also utilized a tech spray around the bottom that went all the way up to the 0.2% Special Flood Hazard Area. Commercial properties have a little bit more flexibility to operate in a flood hazard area. Davies noted this is a good conversation and it helps with understanding how development is impacted by some of these rules. Just for clarification, the map is not changing. Conley stated the map is changing and that is one of the big parts of this proposed amendment is that the community has to adopt the new effective Flood Insurance Rate Map by December 26, 2025. Davies asked what the changes to the map are. Conley shared an example the map provided by FEMA Map Service Center, the National Flood Hazard layer. She noted she can't specifically sum up the changes but noted the floodway has increased in some areas and maybe has decreased in others, it just depends on the meandering of the stream and the river. However, to her knowledge there's no giant, crazy changes. Davies is particularly concerned along Ralston Creek. He acknowledged that most of the properties along the river are expecting to flood and have adapted their development but perhaps those along Ralston Creek are not as prepared. Conley noted a decent portion of her Planning and Zoning Commission September 3, 2025 Page 6 of 9 daily job is dedicated to flood plain development and permitting and making sure things are substantially improved and following the code. It appears the areas around Ralston Creek have generally decreased but there's still both flood hazards and a floodway. Davies asked for a residential property, like a $300,000 house, that wants to put on an addition worth $150,000 on build on an infill lot, is this a barrier to development. Conley stated it isn't a barrier, it is more of a protection measurement. If it was found to maybe appear as a barrier, there's certain ways with the cost estimate to cut back to make sure that they can get what they want at 49.9% and not at 50% where those extra regulations would kick in. Davies asked if there are steps the City or County can take to change that flood map, such as improvements to Ralston Creek, for instance. Conley noted the Ralston Creek flood levels shown on the map are predictions based on hydraulic and analysis, so they may not be accurate in some areas. However, the community has the ability to file for a letter of map change, which can remove their structure from the area, or ask for that area of the map to be revalidated. She also noted there is a hazard mitigation plan that has recently been released by Johnson County that talks about different ways of flood protection. She is not sure if there's any ways that the City would take steps to reduce the floodway in general, but they can be proactive and just try to prevent any damage from occurring, if possible. Townsend asked after the 2008 floods and the raising of Dubuque Street how did that change the maps. Conley stated after that work it has been updated and now it looks like the structure of Mayflower itself does not contain any flood hazard area. Russett added in 2008 that were probably areas that weren't included in a flood hazard area that flooded, again the analysis that is done is as best as can be done, but there's going to be areas that aren't in a flood hazard area that may flood in the future. Townsend asked about the mosquito flats area and if that area is buildable. Russett noted the City bought many of the properties in that area and they will not be built on but there is still some privately held lands. Dulek added that the City owned lands cannot be built on because the City got federal money to purchase. Townsend asked under 14-5J-8, Special Floodway Provisions, storage of materials and equipment, it says storage of other materials may be allowed if readily removable from the floodway within the time available after flood warning, what does that mean. Conley explained if as a City they know that there might be existing materials that can be easily removed if there is enough warning time, then they are to be removed prior to the flooding. Quellhorst asked what is the extent of federal flood insurance assistance that Iowa City receives, is it hundreds of 1000s, millions, 10s of millions, hundreds of millions. Conley is not sure but could say it is quite significant to be part of the NFIP because it allows Iowa City to access certain funding that nonparticipating communities wouldn't be able to. Davies asked for explanation of what the "no rise" means. Conley explained the "no rise" is strictly for the floodway and any type of development that is proposed in the floodway cannot cause a rise in the base flood elevation. So, if someone wanted to do a dam improvement or something, the City would need to have an engineer conduct a hydraulic analysis and have a Planning and Zoning Commission September 3, 2025 Page 7 of 9 professional engineer sign off on a "no rise" certification, also known as a no encroachment certification, to ensure no rise in the base flood, because otherwise it's going to cause a lot of issues for all properties that are downstream. Any development, like dredging, mining, grading, all of that needs to be reviewed if it is occurring in any special flood hazard area. Davies asked about mobile home impacts. Conley stated mobile homes actually have a specific section in the code and they are structures that also need to be protected and held to the same standard, one foot above base flood elevation, or 0.2%. There's a certain amount of provisions that come along with manufactured housing that floodplain administrators need to ensure are checked off before some can come in. Townsend asked about cases like the one in Fairfax with all those illegal wells that they found on property. Russett noted that is a zoning enforcement issue, they did something illegally. Conley noted in the ordinance they have linked the municipal infraction section in the violation section, so it brings readers of this floodplain management standards to that area of the code, so they understand the City's general enforcement measures. Townsend asked how things like that would affect the insurance. Conley stated it would reflect on the entire community as a whole and it would depend on the violation. Quellhorst opened the public hearing. Seeing no one come forward, Quellhorst closed the public hearing. Townsend moves to recommend that Title 14 Zoning be amended, as illustrated in attachment one, to update requirements related to floodplain management standards for Iowa City residents and businesses to have continued eligibility to obtain insurance and participate in the National Flood Insurance Program. Wade seconded the motion. Townsend stated it looks like something that needed to be done so it's a good thing to revise and make sure that it's correct. Wade agreed and is glad to see the language align with an administrative aspect of it. He did note the 0.2% sometimes gives him a little heartburn, because being in town for coming up on 48 years, a lot of those areas that are within that 0.2% have never experienced a weather event that's caused issues, and as a property owner, or somebody that looks at putting up a building, it does become a cost factor. Perhaps that's a future consideration, but based on what's presented today, it makes sense to bring it current. Quellhorst stated he really appreciates staff's work on this as flood prevention is important. The map was produced by experts so he doesn't have any reason to doubt that that map is current and accurate. He appreciates that they're codifying existing practice in a way that better protects the City and will guarantee federal funding in the future. A vote was taken and the motion passed 4-0. Planning and Zoning Commission September 3, 2025 Page 8 of 9 PLANNING AND ZONING INFORMATION: Russett presented updates from the City Council meeting on Tuesday, the neighborhood open space ordinance was adopted and the rezonings at the former ACT properties and the former Pearson property were also adopted. ADJOURNMENT: Wade moved to adjourn, Davies seconded and the motion passed 4-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2024-2025 5/1 6/26 9/4 9/18 11/20 12/4 2/19 3/5 5/7 6/4 6/18 7/2 7/16 8/6 8/27 9/3 B E I N I N G, KA L E B -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O X X O DAVIES, JAMES -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X CRAIG, SUSAN X X X X X X X X X X X -- -- -- -- -- -- -- -- -- -- ELLIOTT, MAGGIE X O/E X X O/E X X X X X X X O/E X X O/E HENSCH, MIKE X X O/E X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- MILLER, STEVE -- -- -- -- X X X X X X X X O/E X X X X O/E PADRON, MARIA O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- QUELLHORST, SCOTT X X X X O/E X X X X X X X X X O/E X TOWNSEND, BILLIE X X X X O/E X X X X X X X X X X X WADE, CHAD O/E X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member