HomeMy WebLinkAbout2013-09-17 OrdinancePrepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 -
356- 5240(REZ13 -00019
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.31 ACRES LOCATED AT THE
SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND WESTWINDS DRIVE
FROM LOW DENSITY MULTI - FAMILY (RM -12) TO PLANNED DEVELOPMENT OVERLAY /LOW
DENSITY MULTI - FAMILY (OPD- RM12). (REZ13- 00019)
WHEREAS, the owner, Willowwind Properties, LLC, has requested a rezoning of property located at
Willow Wind Place and Westwinds Drive from Low Density Multi - Family (RM -12) to Planned Development
Overlay /Low Density Multi - Family (OPD- RM12); and
WHEREAS, the owner proposes to develop Westwinds Second Addition, a 2 -lot residential subdivision
including an existing duplex and a seven unit multi - family building; and,
WHEREAS, the Southwest District Plan indicates that low- density multi - family residential uses are
appropriate for the property; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for restoration of the stormwater detention facility, driveway and parking easements, pedestrian
access, and design review of the building; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner agrees that the property shall be developed in accordance with the terms and
conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this
area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of RM -12 to
OPD /RM12:
A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat
thereof, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W, 1875.00 feet
on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of
the Westwinds; thence West 796.65 feet; thence N00 016'31 "W, 529.34 feet to the Point of
beginning; thence N00 °16'31 "W, 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence
S00 °50'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 050'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right -
of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence
N89 °09'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord -bears S45 036'49 "E; thence S00 022'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
Ordinance No.
Page 2
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
S02 016'24 "E; thence SO4 009'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence
N00 °50'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 050'44 "W, 139.50 feet to
the Point of Beginning.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
App oved by
City Attorney's Office -24,43
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00019)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Willowwind Properties, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 1.31 acres of property
located at Willow Wind Place and Westwinds Drive; and
WHEREAS, the Owner has requested the rezoning of said property from Low Density
Multi- family (RM -12) to Planned Development Overlay /Low Density Multi- family (OPD- RM12);
and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding restoration and maintenance of the existing storm water detention facility
and vehicular and pedestrian access to the property, the requested zoning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for access to the property and storm water maintenance; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Willowwind Properties, LLC is the legal title holder of the property legally described as:
A portion of Lot 3, Westwinds Subdivision, Iowa City, Iowa, according to the recorded plat
thereof, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W, 1875.00
feet on the centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast
Corner of the Westwinds; thence West 796.65 feet; thence N00 °16'31 "W, 529.34 feet to the Point
of beginning; thence N00 °1631 "W, 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence
S00 050'44 "E, 139.50 feet; thence N89 °09'16 "E, 19.00 feet; thence S00 °50'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 °13'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 °16'13"W, 715.36 feet to the southerly right-
ppdadm /agt /rez13 -00019 conditional zoning agreement .doc
of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence
N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
S02 °16'24 "E; thence SO4 °09'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence
N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50'44 "W, 139.50 feet to
the Point of Beginning.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2011) provides that the City of Iowa City may impose reasonable conditions on granting
an applicant's rezoning request, over and above the existing regulations, in order to
satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. A plan for maintenance of the stormwater detention facility to be submitted and
approved by the City Engineer with the final plat.
b. Restoration of the existing stormwater detention facility, including removal of brush,
silt and debris as required by and to the satisfaction of the City Engineer prior to
the issuance of any building permit for any work on the subject land
c. An easement agreement for the shared use of the private driveway that provides
vehicular access to the subject properties from Westwinds Drive shall be entered
into prior to or concurrent with the final platting of any portion of the subject land.
d. An easement agreement to allow Lot 3 of Westwinds to use the existing parking
spaces on the proposed Lot 1 and 2 of the Westwinds Second shall be entered
into prior to or concurrent with the final platting of any portion of the subject land.
e. Review and approval of the building design by the Design Review Committee at
the time of site plan review.
f. Provision of a pedestrian access along Willowwind Place to Westwinds Drive at
time of site plan review and installed prior to the issuance of a certificate of
occupancy for any dwelling unit on the subject property.
g. Provision of an accessible pedestrian route from the any building to Melrose
Avenue to be shown on the site plan and installed prior to the issuance of a
certificate of occupancy for any dwelling unit on the subject property.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all development will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
ppdadmlagt/rez13 -00019 conditional zoning agreement .doc 2
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of 2013.
CITY OF IOWA CITY OWNER
Matthew Hayek, Mayor By:
Attest:
Marian K. Karr, City Clerk By:
Approved by:
'City Attorney's Office �' /� /13
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2013 by Matthew Hayek
and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadm /agt /rez13 -00019 conditional zoning agreement .doc 3
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of A.D. 20 , before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
to me personally known, who being by me duly sworn,
did say that the person is (title) of
and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm /agt /rezl3 -00019 conditional zoning agreement .doc A
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Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa Cityn24gl9- r 1
356- 5240(REZ13 -00019 nk-< I """'
t+C7 W
ORDINANCE NO. ;<� -s M
MC
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 1.31 ACRE�;FCAWD APE
SOUTHWEST CORNER OF THE INTERSECTION OF MELROSE AVENUE AND)WESTV*NDS DRIVE
FROM LOW DENSITY MULTI - FAMILY (RM -12) TO PLANNED DEVELOPMENT OVPRLAY /LOW
DENSITY MULTI - FAMILY (OPD- RM12). (REZ13 -00049)r - - -,
WHEREAS, the owner, Willowwind P perties, LLC, has req
Willow Wind Place and Westwinds DriX from Low Density Multi -
Overlay /Low Density Multi - Family (OP - RM12); and
WHEREAS, the owner propose to develop Westwinds Secoi
including an existing duplex and a s pen unit multi - family building; a
WHEREAS, the Southwest District Plan indicates that low -
appropriate for the property; and
WHEREAS, the Planning ands Zoning Commission has
determined that it complies with the Comprehensive Plan pro%
need for restoration of the stormwater detention facility, dri
access, and design review of the building; and
WHEREAS, Iowa Code §414.5 (2011) provides that th
conditions on granting an applicant's rezoning request, over
satisfy public needs caused by the requested change; and
WHEREAS, the owner agrees that the property, shall be
conditions of the Conditional Zoning Agreement attach/from
area of the city.
NOW, THEREFORE, BE IT ORDAINED111BY THE Cl
IOWA:
SECTION I APPROVAL. Subject to the Conditional
herein, property described below is hereby reclassifie
OPD /RM12: 'a
a rezoning of property located at
(RM -12) to Planned Development
Addition, a 2 -lot residential subdivision
multi - family residential uses are
reviewed the proposed rezoning and
that it meets conditions addressing the
y and parking easements, pedestrian
the
It of Iowa City may impose reasonable
d above existing regulations, in order to
Leloped in accordance with the terms and
to to ensure appropriate development in this
COUNCIL OF THE CITY OF IOWA CITY,
Agreement attached hereto and incorporated
its current zoning designation of RM -12 to
A portion of Lot 3, Westwinds Sub vision, Iowa City, Iowa, according to the
recorded plat thereof, more particularly d cr�f ed as follows:
Commencing at the Southeast Cor r of th`@ Southwest Quarter of the Northwest
Quarter of Section 17, Township 7 North, Range 6 West of the 5th P.M.; thence
N00 °13'31 "W, 1875.00 feet on the centerline of I�Qormon Trek Boulevard; thence West
524.10 feet to the Southeast Cor r of the Westwln s; thence West 796.65 feet; thence
N00 °16'31 "W, 529.34 feet to th Point of beginning; hence N00 016'31 "W, 186.02 feet;
thence N89 010'16 "E, 139.0 feet; thence S00° 0'44 "E, 139.50 feet; thence
N89 °09'16 "E, 19.00 feet; th ce S00 °50'44 "E, 48.87 fe Yhence West 159.87 feet to
the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest
Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence
N00 013'31 "W 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West
524.10 feet to the Southeast corner of the Westwinds; thence west 796.65 feet; thence
N00 016'13 "W, 715.36 feet to the southerly right -of -way line of Melrose Avenue; thence
N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence N89 009'16 "E, 134.79 feet;
Ordinance No.
Page 2
thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave
Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 022'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly
51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot
chord bears S02 016'24 "E; thence SO4 009'53 "E, 70.86 feet; thence S89 009'16 "W, 140.70
feet; thence N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence
N00 050'44 "W, 139.50 feet to the Point of Beginning.
SECTION II. ZONING MAP. The buildih,g official is hereby authorized an directed to change the zoning
map of the City of Iowa City, Iowa, to co orm to this amendment upon t e final passage, approval and
publication of the ordinance as approved by w.
SECTION III. CONDITIONAL ZONING GREEMENT. The mayor is h reby authorized and directed to
sign, and the City Clerk attest, the Conditio al Zoning Agreement betwe the property owner(s) and the
City, following passage and approval of this O dinance.
SECTION IV. CERTIFICATION AND RE ORDING. Upon passage nd approval of the Ordinance, the
City Clerk is hereby authorized and directed t certify a copy of this ord' ance, and record the same in the
Office of the County Recorder, Johnson Cou ty, vid Iowa, at the Owner' expense, upon the final passage,
approval and publication of this ordinance, as pr ed by law.
SECTION V. REPEALER. All ordinances a d parts of ordinanc in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, rovision or p
invalid or unconstitutional, such adjudication shall of affect the
section, provision or part thereof not adjudged invali or unconsti
SECTION VII. EFFECTIVE DATE. This Ordin ce shall
and publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
the Ordinance shall be adjudged to be
ity of the Ordinance as a whole or any
in effect after its final passage, approval
2013.
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Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00019)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Willowwind Propertie, LLC (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 1.31 acres of property
located at Willow Wind Place and Westwinds Drive: and
WHEREAS, the Owner has re ested the rezoning o f
Multi- family (RM -12) to Planned Deve opment Overlay /Low
and
WHEREAS, the Planning and oning Commission has
conditions regarding restoration and aintenance of the exi
and vehicular and pedestrian access the property, the req
Comprehensive Plan; and f
,N
ca
aid property3om L De
D nsity Multi- fa 0 -RM1 ;
--4n
ietermined tha aW ropr
ing storm water� nt n fado
sted zoning is c i tefi?with the
v�
WHEREAS, Iowa Code §414. (201 1) provides that the City of Iowa City may impose
reasonable conditions on granting an pplicant's rezoning request, over and above existing
regulations, in order to satisfy public nee s caused by the requested change; and
WHEREAS, the Owner ackri I dges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for access to the propert and storm water maintenance; and
WHEREAS, the Owner agrees to develop t is property in accordance with the terms and
conditions of a Conditional Zoning Agreement. /'
NOW, THEREFORE, in consideration of the
agree as follows:
1. Willowwind Properties, LLC is the legal
A portion of Lot 3, Westwinds Subdivi Ion, Iowa
thereof, more particularly described as f ows:
promises contained herein, the parties
of the property legally described as:
, Iowa, according to the recorded plat
Commencing at the Southeast Corn r of the Southwe t Quarter of the Northwest Quarter of
Section 17, Township 79 North, Ra ge 6 West of the 15 P.M.; thence N00 °13'31 "W, 1875.00
feet on the centerline of Mormon rek Boulevard; thenc West 524.10 feet to the Southeast
Corner of the Westwinds; thence est 796.65 feet; thence 0 °16'31 "W, 529.34 feet to the Point
of beginning; thence N00 °16'31 "W, 186.02 feet; thence 89 010'16 "E, 139.00 feet; thence
S00 050'44 "E, 139.50 feet; thence N89 009'16 "E, 19.00 feet; thence S00 050'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right-
ppdadm /agt/rex13 -00019 conditional zoning agreement .doc 1
of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence
N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
S02 °16'24 "E; thence SO4 009'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence
N00 050'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00 °50'44 "W, 139.50 feet to
the Point of Beginning.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5
(2011) provides that the City of Iowa City may impose, reasonable conditions on granting
an applicant's rezo 'ing request, over and above th existing regulations, in order to
satisfy public needs aused by the requested change
3. In consideration of the City's rezoning the s ject property, Owner agree that
development of the s *ect property will conform t all other requirements of the zoning
chapter, as well as the ollowing conditions:
a. Restoration of the�xisting stormwater
a plan for maintenapce of the facility to
plat.
b. City Engineer approv of stormwater
final plat approval.
c. An easement to share th private driv
subject properties from W twinds Dr
d. An easement to allow Lot 3 f Westwi
proposed Lot 1 and 2 of the estwinc
e. Review and approval of the bui ing
f. Provision of a pedestrian access to
g. Provision of an accessible pedest 'a
Melrose Avenue.
4. The Owner and City acknowledge th7de he
conditions to impose on the land r
conditions satisfy public needs that ar au
facil ity on the subject property and
itted and approved with the final
lations and construction plans prior to
ay that provides vehicular accesses the
T ds to use the existing parkiQnacg on tom„
Second Addition. r T7
asign by the Design Review_CKYrdmitilee.
I Willowwind Place to WestwAn DfWe.
route from the proposed 7 un'�itdauitc to M
3>� w
onditions contained herein are Asonable
I wa Code §414.5 (2011), and that said
�d y the requested zoning change.
5. The Owner and City acknowledge at in the a nt the subject property is transferred,
sold, redeveloped, or subdivided, II redevelopm twill conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that is Conditional Zoning greement shall be deemed to be
a covenant running with the nd and with title to the la d, and shall remain in full force
and effect as a covenant w' h title to the land, unless or ntil released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
ppdadm/agt/rex13 -00019 conditional zoning agreement .doc 2
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of 2013.
CITY OF IOWA CITY
Name of current, Mayor By:
Attest:
Marian K. Karr, City Clerk By:
N
O
Approved by:
cy
M
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City Attorney's Office
trn
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CITY OF IOWA CITY ACKNOWLEDGEMENT:
G?
STATE OF IOWA )
"�
ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2011 by [name of
current mayor] and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdadm /agt/rex13 -00019 conditional zoning agreement .doc 3
This instrument was acknowledged before me on ,
as
2011 by
of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
INDIVIDUAL ACKNOWLEDGEMENT: ....
STATE OF IOWA
ss:
JOHNSON COUNTY) ..o
On this day of 20 before me, th eftned,aa
Notary Public in and for said County, in said State, personally appeared"
to me known to be the identical persons named in and who executed
the within and foregoing instrument, and acknowledged that (he /she /they) executed the same as
(his /her /their) voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , A.D. 20 , before n
Public in and for the State of Iowa,
, to me personally known,
did say that the person is
e, the undersigned, a Notary
personally appeared
who being by me duly sworn,
(title) of
, and that said instrument was signed on behalf of the
said limited liability company by authority of its managers and the said
acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
My commission expires:
ppdadm/agt/rex13 -00019 conditional zoning agreement .doc 4
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 20_, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared , to me personally
known, who being by me duly sworn, did say that the person is one of the partners of
, an Iowa General /Limited Partnership, and that the instrument was signed on behalf of the
partnership by authority of the partners; and the partner acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
_Send to City Attorney's Office for Approval
_Copy to City Clerk with Conditional Rezoning Ordinance
Email to Document Services
ppdadm /agt/rex13 -00019 conditional zoning agreement .doc 5
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Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 -
356- 5240(R EZ 13 -00019
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY R ONING APPROXIMATEL 1.31 ACRES LOCATED AT THE
SOUTHWEST CORNER OF THE INT SECTION OF MELROSE VENUE AND WESTWINDS DRIVE
FROM LOW DENSITY MULTI -FA LY (RM -12) TO PLANNED DEVELOPMENT OVERLAY /LOW
DENSITY MULTI - FAMILY (OPD -RM1 ). (REZ13- 00019)
WHEREAS, the owner, Willoww d Properties, LLC, has requE
Willow Wind Place and Westwinds I rive from Low Density Multi -Fz
Overlay /Low Density Multi - Family (O - RM12); and
WHEREAS, the owner proposes to develop Westwinds Second
including an existing duplex and a se n unit multi - family building; a
WHEREAS, the Southwest Dist ict Plan indicates that low-YE
appropriate for the property; and
WHEREAS, the Planning and ning Commission has
determined that it complies with the C mprehensive Plan pro\
need for restoration of the stormwat detention facility, dri
access, and design review of the buildi and
WHEREAS, Iowa Code §414.5 (2 11) provides that t/
conditions on granting an applicant's re or
satisfy public needs caused by the reques
WHEREAS, the owner agrees that th
conditions of the Conditional Zoning Agree
area of the city.
NOW, THEREFORE, BE IT ORDAINE
IOWA:
SECTION I APPROVAL. Subject to the
herein, property described below is hereby
OPD /RM12:
ing request,
i change; an
?d a rezoning of property located at
ly (RM -12) to Planned Development
, a 2 -lot residential subdivision
multi - family residential uses are
reviewed the proposed rezoning and
that it meets conditions addressing the
y and parking easements, pedestrian
City of Iowa City may impose reasonable
and above existing regulations, in order to
erty shalt' be developed in accordance with the terms and
attache hereto to ensure appropriate development in this
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
(al Zoning Agreement attached hereto and incorporated
ified from its current zoning designation of RM -12 to
A portion of Lot 3, Westwinds Subdivp ion,'Iowa City, Iowa, according to the recorded plat
thereof, more particularly described as fol ws:
Commencing at the Southeast Cornet of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Rang 6 West of the 5th P.M.; thence N00'1 3'31"W, 1875.00 feet
on the centerline of Mormon Trek B levard; thence West 524.10 feet to the Southeast Corner of
the Westwinds; thence West 796 5 feet; thence N00 °16'31 "W, 529.34 feet to the Point of
beginning; thence N00 °16'31 "W 186.02 feet; thence N89 °10'16 "E, 139.00 feet; thence
S00 050'44 "E, 139.50 feet; then a N89 °09'16 "E, 19.00 feet; thence S00 °50'44 "E, 48.87 feet;
thence West 159.87 feet to the Point of Beginning.
Also including:
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 016'13 "W, 715.36 feet to the southerly right -
of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence
N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
Ordinance No.
Page 2
along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears
S02 °16'24 "E; thence SO4 °09'53 "E, 70.86 feet; thence S89 °09'16 "W, 140.70 feet; thence
N00 °50'44 "W, 60.00 feet; thence S89 "09'16 "W, 19.00 feet; thence N00°50'44 "W, 139.50 feet to
the Point of Beginning.
SECTION II. ZONING MAP. The building offi ereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to co m to this am ment upon the final passage, approval and
publication of the ordinance as approve y law.
sign, and the City Clerk attest, the
City, following passage and approve
City Clerk is hereby authorized an
Office of the County Recorder, J
approval and publication of this or
SECTION V. REPEALER. All
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY
invalid or unconstitutional, such ad
section, provision or part thereof no
SECTION VII. EFFECTIVE D
and publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
App oved by
L
City Attorney's Office
0 NG AGREEMENT. The mc'
Vonditional Zoning Agreement
of this Ordinance.
AND RECORDING. Upon pas:
directed to certify a copy of thi;
nson County, Iowa, at the O
ance, as provided by law.
rdinances and parts of ordin n
r is hereby authorized and directed to
:tween the property owner(s) and the
ige and approval of the Ordinance, the
ordinance, and record the same in the
er's expense, upon the final passage,
in conflict with the provisions of this
If any section, provision or art of the Ordinance shall be adjudged to be
.idication shall not affect t e validity of the Ordinance as a whole or any
adjudged invalid or unco stitutional.
TE. This Ordinance Oall be in effect after its final passage, approval
of
2013.
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00019)
CONDITIONAL ZONI AGREEMEN
THIS AGREEMENT is made between the
it of Iowa City, Iowa, municipal corporation
(hereinafter "City "), Willowwind Properties, LC (hereinafter "Owner ").
WHEREAS, Owner is the leg# title holder of approximately 31 acres of property
located at Willow Wind Place and We twinds Drive; and
WHEREAS, the Owner ha requested the rezoning of said pr perty from Low Density
Multi- family (RM -12) to Planned evelopment Overlay /Low Density ulti-family (OPD- RM12);
and
WHEREAS, the Planning d Zoning Commission has deter Ined that, with appropriate
conditions regarding restoration nd maintenance of the existing s rm water detention facility
and vehicular and pedestrian ac ess to the property, the requested oning is consistent with the
Comprehensive Plan; and
WHEREAS, Iowa Code 1414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granti g an applicant's rezoning re uest, over and above existing
regulations, in order to satisfy public needs caused by the requ sted change; and
WHEREAS, the Owner knowledges that certaiV conditions and restrictions are
reasonable to ensure the develop ent of the property is Prisistent with the Comprehensive
Plan and the need for access to the kroperty and storm wajibr maintenance; and
WHEREAS, the Owner agrees to delop this
conditions of a Conditional Zoning Agre ment.
NOW, THEREFORE, in consideration
agree as follows:
1. Willowwind Properties, LLC is the legal
A portion of Lot 3, Westwinds Subdivi
thereof, more particularly described as fol
in accordance with the terms and
promises contained herein, the parties
Ider of the property legally described as:
owa City, Iowa, according to the recorded plat
Commencing at the Southeast Corner oy the So thw
Section 17, Township 79 North, Range West of e
feet on the centerline of Mormon Tre Boulevard; t e
Corner of the Westwinds; thence Wes 96.65 feet; the
of beginning; thence N00 °16'31 "W 186.02 feet; th
S00 °50'44 "E, 139.50 feet; thence 89 °09'16 "E, 19.0
thence West 159.87 feet to the Po' t of Beginning.
Also including:
est Quarter of the Northwest Quarter of
5th P.M.; thence N00 °13'31 "W, 1875.00
nce West 524.10 feet to the Southeast
e N00 °16'31 "W, 529.34 feet to the Point
e e N89 °10'16 "E, 139.00 feet; thence
0 et; thence S00 050'44 "E, 48.87 feet;
Commencing at the Southeast corner of the Southwest Quarter of the Northwest Quarter of
Section 17, Township 79 North, Range 6 West of the 5th P.M.; thence N00 013'31 "W 1875.00 feet
on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast corner of
the Westwinds; thence west 796.65 feet; thence N00 °16'13 "W, 715.36 feet to the southerly right-
ppdadm /agtlrezl3 -00019 conditional zoning agreement .doc 1
of -way line of Melrose Avenue; thence N89 °09'16 "E, 139.00 feet to the Point of Beginning; thence
N89 009'16 "E, 134.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve,
concave Southwesterly, whose 28.40 foot chord bears S45 036'49 "E; thence S00 °22'55 "E, 57.45
feet along the Westerly right -of -way line of Westwinds Drive; thence Southeasterly 51.17 feet
along a 775.00 foot radius curve co asterly whose 51.16 foot chord bears
S02 °16'24 "E; thence SO4 °09'53"E, 0.86 feet; then- S89 °09'16 "W, 140.70 feet; thence
N00 050'44 "W, 60.00 feet; thence 9'09'16 "W, 19.00 feet; ence N00 °50'44 "W, 139.50 feet to
the Point of Beginning.
2. The Owner acknowledge that the City wishes to ensure c nformance to the principles
of the Comprehensive Pan. Further, the parties acknowle ge that Iowa Code §414.5
(2011) provides that the ity of Iowa City may impose reaso able conditions on granting
an applicant's rezoning request, over and above the exis ng regulations, in order to
satisfy public needs cau ed by the requested change.
3. In consideration of thp City's rezoning the subject p operty, Owner agrees that
development of the subject property will conform to all of er requirements of the zoning
chapter, as well as the f (lowing conditions:
a. A plan for mainte ance of the stormwater detenti n facility to be submitted and
approved by the ity Engineer with the final plat
b. Restoration of th existing stormwater cletenticli. facility, including removal of brush,
silt and debris as equired by and to the satisf ction of the City Engineer prior to
the issuance of an building permit for any w rk on the subject land
c. An easement agre ment for the shared us of the private driveway that provides
vehicular access to the subject properties rom Westwinds Drive shall be entered
into prior to or conc rrent with the final p tting of any portion of the subject land.
d. An easement agree ent to allow Lot 3 f Westwinds to use the existing parking
spaces on the propos d Lot 1 and 2 o the Westwinds Second shall be entered
into prior to or concurr nt with the fin I platting of any portion of the subject land.
e. Review and approval o the buildin design by the Design Review Committee at
the time of site plan revi w.
f. Provision of a pedestrian ccess long Willowwind Place to Westwinds Drive at
time of site plan review an ins Iled prior to the issuance of a certificate of
occupancy for any dwelling i on the subject property.
g. Provision of an accessible p estrian route from the any building to Melrose
Avenue to be shown on the i plan and installed prior to the issuance of a
certificate of occupancy fo any welling unit on the subject property.
4. The Owner and City acknowl dge that a conditions contained herein are reasonable
conditions to impose on t land and Iowa Code §414.5 (2011), and that said
conditions satisfy public ne ds that are cau ed by the requested zoning change.
5. The Owner and City a nowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all develop ent will conform with the terms of this
Conditional Zoning reement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
ppdadm /agt/rez13 -00019 conditional zoning agreement .doc 2
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledges that nothing in this Colt ' ' al Zoning Agreement shall be
construed to relieve the Owner or Applicant from comp 'ng with all other applicable
local, state, and federal regulations.
8. The parties/ agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, a d that upon adoption and
publication �ffice f the ordinance, this agreement shall be record d in the Johnson County
Recorder's at the Applicant's expense.
Dated this da of
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office C %p /'3
CITY OF IOWA CITY ACKNOWLED ME T:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was ackno)kledaed before me on
2013.
AAl►_:
M
and Marian K. Karr as Nyayor and City Clerk, respectively,
2013 by Matthew Hayek
City of Iowa City.
Notary Public in and Nr the State of Iowa
(Stamp or Seal)
Title (and Rank)
ppdadm /agt /rez13 -00019 conditional zoning agreement .doc 3
LIMITED LIABILITY COMPAI
STATE OF IOWA
ss:
JOHNSON COUNTY )
On this day
Public in a d
did say that th� per
said limited liabi
act and deed of said I
KNOWLEDGMENT:
, A.D. 20 , b fore me, the undersigned, a Notary
for the State of Iowa, personally appeared
to me personally nown, who being by me duly sworn,
son is (title) of
, and that said i strument was signed on behalf of the
company by authority o its managers and the said
acknowledged the executio of said instrument to be the voluntary
I liability company by it volun rily executed.
Notap� Public in and for the State of Iowa
y commission expires:
ppdadm /agt /rezl3 -00019 conditional zoning agreement .doc 4
To: Planning & Zoning Commission
Item: REZ13- 00019/SUB13 -00012
Westwinds Second Addition
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Andrew Bassman, Planning Intern
Date: August 1, 2013
Applicant: Willowwind Properties LLC
6900 Harold Avenue
Golden Valley, Minnesota 55427
612- 940 -8288
Contact Person: Duane Musser
1917 S. Gilbert Street
Iowa City, Iowa 52240
319- 351 -8282
d.musser@mmsconsultants.net
Requested Action: Rezoning and preliminary plat approval
Purpose: Rezone from RM -12 to OPD /RM -12 to bring existing
duplex into compliance with Code. Split into a Not
residential subdivision: on one lot, the west portion
would be developed with a 7 -unit apartment building
and east portion would have a restored storm water
facility; the other lot at 301 Willow Wind Place has
an existing duplex.
Location:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
South of Melrose Avenue west of Westwinds Drive
1.31 acres
Residential, RM -12
North: U of I recreation facilities, public (P -2
South: residential (RM -12, OPD /RS -12)
East: residential (RM -12)
West: West High School, public (P -1)
Southwest District Plan— Low - Density Multi- Family
residential
July 3, 2013
August 16, 2013
The applicant, Willowwind Properties LLC, has requested a rezoning of the 1.31 -acre area from
RM -12 (Low- Density Multi - Family) to RM -12 with a Planned Development Overlay (OPD -RM12)
and preliminary plat approval of a 2 -lot residential subdivision located south of Melrose Avenue
and west of Westwinds Drive.
The current proposal is a re- subdivision of Lot 3 of the Westwinds subdivision, platted in 1979.
The 1979 proposal included development of a 48 -unit condominium apartment complex on Lots 3
and 4 of the subdivision (Lot 4 is located adjacent to the south of Lot 3). The plat approved for Lot
3 included two tennis courts, the storm water basin to serve the larger development, and a
clubhouse building in the present location of the duplex. The resolution approving the subdivision
obligated the applicant to construct and maintain the storm water facility to City standards.
By 1982, Lot 3 had been developed according to the approved plan. But development of the rest
of the subdivision had stalled and Lot 4 was sold to a different developer. By 1985, the subject
property had been subdivided from Lot 3 without City review or approval. Also By 1985, the
clubhouse building had been converted into a duplex without City review or approval.
Conversion of the clubhouse in effect separated the property at 301 Willow Wind Place from the
original Lot 3 but provided no access for the lot to a public street. To rectify this situation an
easement to share the driveway that crosses the original Lot 3 with the existing condominiums will
be needed. The OPD rezoning is being proposed to allow waiver of some zoning requirement,
such as frontage on a public street, in order to bring the duplex into compliance with the Zoning
Code.
The proposed Lot 1, covering the approximately .15 -acre, contains an existing duplex property at
301 Willow Wind Place. The proposed Lot 2, approximately 1. 16 acres, contains an existing
storm water detention facility on the east portion and is proposed for the development of an
approximately 10,000- square foot, two -story apartment building with seven 2- bedroom units.
The proposed apartment building would be on the site of the two tennis courts, which have not
been maintained and are overrun with vegetation. The storm water facility, which also has not
been maintained, would need to be restored to serve the proposed apartment building and
properties in the original Westwinds subdivision.
ANALYSIS:
Current Zoning: The current RM -12 zoning allows for development of high- density single - family
housing and low- density multi - family housing in order to create a variety of housing options within
a neighborhood. To ensure compatibility among the various housing types allowed in the zone,
careful attention to site and building design is necessary. Multi- family uses are permitted in the
RM -12 zone while duplexes are allowed provisionally.
Proposed Zoning: OPD zoning permits flexibility in use and design in situations where
conventional development may be inappropriate. Because of this flexibility, OPD zoning is
especially useful for infill development projects like the proposed project. Much of the flexibility
comes in the form of modifications or waivers from dimensional requirements of the underlying
zone, provided that certain guidelines are met, allowed by the OPD zoning,
The applicant has requested a waiver of the minimum 40 feet of frontage on a public street and a
reduction of the minimum lot width from 55 feet to 51 feet on Lot 2 to allow the duplex to continue
without having frontage on a public street. If this is to be allowed an access easement is for
pedestrians and vehicular access will be necessary across the existing Lot 3. The preliminary plat
shows an easement. At the time of final plat approval the legal papers will need to contain the
easement language.
PCD \Staff Reports \sub13 -00012 westwinds 2nd addition.doc
3
The north elevation of the duplex would face the parking lot that would serve the proposed
apartment building. Parking areas must be set back from abutting properties and properly
screened from view. The applicant has provided a setback of 10 feet between the duplex and the
proposed parking spaces (five feet on each side of the property line). Screening to the S2
standard between the parking lot for the proposed apartment and the duplex are required, but is
not shown on the site plan.
Although it is not ideal to have a lot without frontage on a public street or narrower than the
minimum required, Staff supports granting these waivers in order to bring this nonconforming
development into compliance and to allow the infill development on the blighted tennis court.
Otherwise, the proposal meets the dimensional requirements specified in the RM -12 zone.
Minimum lot size for a duplex use in the RM -12 zone is 6,000 square feet —lot size for the
property at 301 Willow Wind Place is listed by the Iowa City Assessor at 6,098 square feet.
As for design standards for the proposed apartment building, exterior walls not predominantly
composed of masonry or stucco must have a durable base consisting of masonry, stucco or
dressed concrete that extends at least two feet in height above grade. The elevation drawings
submitted for the proposed apartment building show that this requirement would be met for the
rear elevation but not the front elevation (side elevation drawings have not been submitted). The
exterior walls of the front facade appear to be approximately half composed of masonry. Apart
from the abovementioned provision, the proposed apartment building appears to meet design
standards for the RM -12, though the applicant still must submit side elevation drawings.
Compliance with Comprehensive Plan: The Southwest District Plan future land -use map
depicts the subject property as appropriate for low- density multi - family residential uses.
Otherwise, the Comprehensive Plan does not directly address the subject property. The
Comprehensive Plan, however, generally encourages infill development projects like this.
Compatibility with neighborhood: The residential area to the south of the subject properties
features condominiums that are similar in density to the proposed apartment building and
existing duplex —the 1.5 -acre lot adjacent to the south contains six condominiums with four
units each (about 16 dwelling units per acre). University of Iowa recreational facilities are
located across the street to the north. West High School is located to the west.
The proposed apartment building would be two stories, contain seven 2- bedroom units, and
have a building footprint of approximately 5,500 square feet. The existing duplex is one story
and has a building footprint of approximately 1,550 square feet. The proposed apartment
building would feature more architectural detail than the existing duplex and condominiums, as
required by the current Zoning Code.
Staff believes that the proposed apartment building would be compatible with the surrounding
neighborhood and would result in the blighted tennis courts and un -kept storm water
management basin to being restored and made more functional and attractive for the
surrounding neighborhood. The development would be infill in an area that has sufficient
infrastructure and public services.
Access and street design: Vehicular access to the subject properties is currently provided by
a driveway shared with the condominiums on the lot adjacent to the south. As mentioned
above, an easement will need to be established at the time of final plat approval.
The site plan does not show a direct pedestrian route from the front of the proposed apartment
PCD \Staff Reports\sub13 -00012 westwinds 2nd addition.doc
4
building to Melrose Avenue as required by code. There is also no clearly demarcated pedestrian
route from the duplex to a public street or to Willow Wind Place. This should be corrected prior to
approval.
The existing parking spaces (4 on proposed Lot 1 and 4 on proposed Lot 2) are required to serve
the existing apartments on Lot 3 of the Westwinds subdivision. An easement must be provided to
allow the use of the spaces by the residents and visitors of Lot 3.
Neighborhood open space: A subdivision and OPD of 1.31 acres, requires the dedication of
4,022 square feet of neighborhood open space or fees in lieu of. In this case there is no suitable
open space for dedication. At the time of final plat approval the legal papers should provide for
payment of a fee equal to the value of 4,022 square feet.
Storm water management: The 1979 resolution approving the plat for Lot 3 of the Westwinds
subdivision obligated the applicant to construct and maintain the storm water facility on the subject
property. The storm water facility was separated from the original development and has not been
maintained. Staff recommends as a condition of approval that the facility be restored and that a
Homeowner's Association be required for the proposed units to ensure that the owners will be
responsible for long -term maintenance of the storm water facilities. Storm water calculations
should be submitted to demonstrating sufficient capacity for the existing and proposed
development.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred until deficiencies and discrepancies noted
below are corrected. Upon resolution of these items Staff recommends approval of REZ13 -00019
and SUB13- 00012, a rezoning of the 1.31 -acre area from RM -12 to OPD /RM -12 and a preliminary
plat The Westwinds — Second Addition , a 1.31 -acre, 2 -lot residential subdivision located south of
Melrose Avenue west of Westwinds Drive, subject to the following conditions:
Restoration of the existing storm water detention facility on the subject property and a plan
for maintenance of the facility (Staff recommends a Homeowner's Association be required
for the proposed units to ensure that the owners will be responsible for long -term
maintenance).
An easement to share the driveway that provides vehicular access to the subject
properties from Westwinds Drive.
An easement to allow Lot 3 of Westwinds to use the existing parking spaces on the
proposed Lot 1 and 2 of the Westwinds Second Addition.
DEFICIENCIES AND DISCREPANCIES:
• The applicant has not provided side elevation sketches of the proposed apartment
building. These are needed to review design standards.
• Exterior walls not predominantly composed of masonry or stucco must have a durable
base consisting of masonry, stucco or dressed concrete that extends at least two feet in
height above grade. This provision must be met for the front fagade.
• Site plan must include landscaping to the S2 standard between the duplex and the
proposed parking lot to the north.
• The site plan shows the aisle that would connect the parking spaces to the east of the
duplex to the parking lot for the proposed apartment would be 19 feet wide. Fire code
requires a minimum width of 20 feet.
• The site plan does not show a direct pedestrian route from the front of the proposed
PCD \Staff Reports \sub13 -00012 westwinds 2nd addition.doc
5
apartment building to Melrose Avenue. There is also no clearly demarcated pedestrian
route from the duplex to a public street or to Willow Wind Place. This should be corrected
on the plan.
Show parking easement in favor of Lot 3 for exiting parking on existing parking spaces on
the proposed Lot 1 and 2 of the Westwinds Second Addition.
• Corrections and information required be the City Engineer must be resolved.
ATTACHMENTS:
1. Location Map
2. Preliminary plat and OPD plan
Approved by:
Robert Miklo, Se for Planner,
Department of Planning and Community Development
PCD1Staff Reportslsub13 -00012 westwinds 2nd addition.doc
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CITY OF IOWA CITY
4 MEMORANDUM
TO
Date: August 9, 2013
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ1 3-00019/SUB1 3-00012 Westwinds Second Addition
We have received revised plans that have addressed some of the deficiencies identified in the
August 1 staff report. However the plan still needs to show a pedestrian route between the
duplex on Lot 1 and Westwinds Drive, complete building elevations and a parking easement
must be provided for the existing parking on Lot 1, which is required to serve the existing units
on Lot 3.
The revised plan includes taller evergreen varieties to screen the proposed parking lot from the
existing duplex.
Staff recommends that this application be deferred until deficiencies and discrepancies noted
above are corrected. Upon resolution of these items Staff recommends approval of REZ13 -00019
and SUB13- 00012, a rezoning of the 1.31 -acre area from RM -12 to OPD /RM -12 and a preliminary
plat The Westwinds — Second Addition , a 1.31 -acre, Not residential subdivision located south of
Melrose Avenue west of Westwinds Drive, subject to the following conditions:
• Restoration of the existing storm water detention facility on the subject property and a plan
for maintenance of the facility (Staff recommends a Homeowner's Association be required
for the proposed units to ensure that the owners will be responsible for long -term
maintenance).
• Construction drawings being submitted with the final plat and OPD plan for restoration of
the stormwater management facilities.
• An easement to share the driveway that provides vehicular access to the subject
properties from Westwinds Drive.
• An easement to allow Lot 3 of Westwinds to use the existing parking spaces on the
proposed Lot 1 and 2 of the Westwinds Second Addition.
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Planning and Zoning Commission
August 15, 2013 - Formal
Page 2 of 12
Planning and Zoning Commission for review and approval to ensure
compatibility with adjacent residential properties and appearance from
Dodge Street;
• If development on this property has vehicular access to Dodge Street
Court, the developer shall install improvements needed to bring the street
up to City standards to the point of access (driveway location);
• The applicant shall dedicate sufficient land along the entire property
frontage to widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street
Court frontages, and provides pedestrian connections from the development
to the sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site
stormwater away from Dodge Street Court.
3. The Commission voted 7 -0 to recommend approval of an amendment to Title
14:2C -8 of the Zoning Code Central Business Site Development Standards to
allow additional building height and floor area, and alternative ground floor
transparency and building articulation standards for properties zoned Central
Business Support (CB -2) that are located in the Riverfront Crossings District as
set forth in the staff memo for this meeting of August 15, 2013.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Mary Gravitt of 2714 Wayne Avenue said she's concerned with all these outdoor restaurants.
She said she thinks the City is allowing too many of them, and takes particular issue with the
one on College and Linn Streets where the outside eating takes up two- thirds of the sidewalk,
leaving people in wheelchairs at risk of tipping over into the street due to the slope of the outer
portion of the sidewalk. She also took issue with the way the benches were placed and said it
makes it hard for pedestrians to get around, especially disabled people.
Gravitt also had some complaints about the landlords at The Town and Campus apartments not
being responsive to the disturbance that some of the tenants' visitors make.
Rezoning Items / Development Item:
51t REZ13- 00019 /SUB13- 00012: Discussion of an application submitted by Willowwind
Properties, LLC for a rezoning from Low Density Multifamily (RM -12) zone to Planned
Development Overlay /Low Density Multifamily (OPD -RM12) zone for 1.31 -acres of land
located at Willowwind Place and Westwinds Drive and a preliminary plat of The
Westwinds Second Addition, a 2 -lot residential subdivision.
Miklo said they had received a revised plat that took care of some of the deficiencies noted in
the staff report. He said staff is recommending approval subject to a number of conditions.
Theobald asked if the oak trees along Melrose would be preserved. Miklo said if they tied into
the existing walkway they would not be touched.
Freerks asked if any of the sidewalks along Melrose Street are being dealt with as a Code issue
right now. Miklo said yes, and with the new development, the City will be able to deal with the
Planning and Zoning Commission
August 15, 2013 - Formal
Page 3 of 12
Homeowners Association about removing snow from that walkway.
Eastham asked if access to this development is going to be provided solely by private drives
from Westwinds Drive. Miklo said that's correct. Eastham said he has concerns about the snow
removal and long term maintenance of Willowwind Drive as well as the stormwater detention
basin being maintained by the homeowners associations. Miklo said the one Homeowners
Association would be required to maintain the stormwater basin. He said snow removal is
currently done by the condominium association to the south, but during the negotiations for an
easement, perhaps they will negotiate some sharing of that requirement.
Freerks said when people buy a condo, they will be informed of their obligations.
Eastham said from personal experience, he knows that you don't always get all the information
you need when you buy a condo. He said right now he is a bit leery of providing access across
a private driveway maintained by an existing homeowners association, adding another one, and
assuming that the two groups are going to work out a way of sharing and managing the
maintenance of Willowwind Place. Miklo said in terms of staff recommendations, approval is
subject to the developer securing an easement with their neighbor, Lot Three, so this
association has a lot of leverage in what they negotiate in exchange for allowing access for their
property. Eastham said the idea must be that they will use that leverage to make sure there is
reasonable cost sharing in terms of maintaining those private streets.
Eastham asked if he is correct that the homeowners association that would include the seven
new units as well as the two units in the existing duplex will be a separate association that will
be responsible for maintaining the stormwater detention basin. Miklo said that was correct.
Eastham said, then, that those nine units will be responsible for maintenance for a basin that
provides stormwater management for more than Lots One and Two. Miklo agreed. Eastham
asked if the staff had confidence that those nine homeowners are going to be able to bear the
expense of that maintenance. Miklo said the maintenance is basically mowing and any buyer
will know upfront about their responsibilities. He said he doesn't think there is a way the City
could impose a condition retroactively on the existing units. Eastham said that may be a
substantial financial burden on those nine units.
Greenwood Hektoen said that is the developer's risk to take.
Thomas asked how many other units are tied into that basin. Miklo said at least the twenty -four
units on Lot 3 but it may serve a larger subdivision.
Theobald asked if the City Forester has looked at what trees have been selected to screen the
existing duplex. Miklo he hasn't reviewed this latest version.
Dyer asked if the detention pond has been maintained up to now. Miklo said it hasn't been.
Freerks opened public discussion.
Duane Musser of MMS Consultants said there is a large area that drains into the stormwater
basin, and the applicant is aware that there's considerable expense involved to get the basin up
to Code. He said once they get into the final design they will have to prove that they have the
volume to meet the City standards. He said once it is established, there shouldn't be any
expense for maintenance other than mowing and keeping trees out of it. He said the applicant
has secured an easement agreement for the private drive. He said they are still working on the
pedestrian access route. He said they are sensitive about keeping as many trees as possible
Planning and Zoning Commission
August 15, 2013 - Formal
Page 4 of 12
along Melrose.
Eastham asked if the stormwater detention basin is actually functioning now. Musser said the
water does go into it and drain out, but he doubts if it meets the current design standards, and it
hasn't been properly maintained. He said they plan to dredge it and reshape it so it functions
correctly. Eastham asked if Musser estimates that it will have to be maintained at some cost
over time. Musser said he thinks it will be the same as mowing a yard, and he estimates that it
will need to be mowed four to six times a year.
Theobald asked if junipers were going to go in as the shield along the building. Musser said the
trees they originally planned on were deemed too small as screening, so they went with
something larger. Theobald said junipers get leggy and don't provide good screening. Musser
said staff had wanted a variety of trees in case of disease. Theobald expressed her concern
with the nice spruces on the edge of the stormwater basin. Musser said they would do their best
to save trees, but they will have to grade and reshape to get their capacity.
Freerks closed public discussion.
Thomas moved to recommend approval of REZ1 3-00019/SUB1 3-00012, a rezoning of a
1.31 acre area from Low Density Multifamily (RM -12) to Planned Development
Overlay /Low Density Multifamily (OPD- RM -12) and a preliminary plat of The WestWinds
Second Addition, a 1.31 acre, 2 lot subdivision locate south of Melrose Avenue and west
of Westwinds Drive subject to the following conditions:
• Restoration of the existing stormwater detention facility on the subject property and
a plan for maintenance of the facility (Staff recommends a Homeowner's
Association be required for the proposed units to ensure that the owners will be
responsible for long -term maintenance).
• City Engineer approval of stormwater calculations and construction plans prior to
final plat approval.
• An easement to share the private driveway that provides vehicular access to the
subject properties from Westwinds Drive.
• An easement to allow Lot 3 of Westwinds to use the existing parking spaces on the
proposed Lot 1 and 2 of the Westwinds Second Addition.
• Review and approval of the building design by the Design Review Committee.
• Provision of a pedestrian access along Willowwind Place to Westwinds Drive.
• Provision of an accessible pedestrian route from the proposed 7 unit building to
Melrose Avenue.
Eastham seconded.
Eastham said his major concern is that this stormwater basin will have to function well for the
area right around it as well as for a much larger area, and the only mechanism available to
provide long -term maintenance and functioning is nine residential units. He said they don't have
any information what the cost will be per each unit per year. He said it would be different if the
stormwater basin was serving only the two existing units, but it will be serving a much wider
scope. He said he thinks the plan is based more on expectations than on acceptable
assumptions, but he doesn't see any other way around it.
Freerks said she agreed that this isn't ideal, but this lot has been a blight for a long time, and it
had one owner who chopped it off and created this issue. She said you have to weigh the
opportunity to create something better and create housing options against nine people being in
charge of payment for the basin, but if it's maintained well, she hopes it doesn't become a huge
Planning and Zoning Commission
August 15, 2013 - Formal
Page 5 of 12
expense and most of all that people will know up front what they are getting into when they buy
or rent those units.
Theobald said her concern is the maintenance. She said some of the trees are lovely and she
sees that as a really nice thing to build on if they can be saved.
Thomas said it's problematic to him that the detention basin is serving the development to the
south as well as the drainage from the street to the east and that the basin is the responsibility
of nine units. He said it seems to be more of a legal issue than one of planning and zoning.
Miklo said that if the larger subdivision was being developed today, the legal papers in the
developer's agreement would address all this. Thomas said in this case there is a considerable
burden on this property in terms of the renovation and maintenance of the basin.
Dyer asked if the people in the existing duplex had any responsibility for the basin up to now.
Miklo said they have not. He said the owner of the duplex is responsible.
A vote was taken and the motion carried 7 -0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo said since the last Commission meeting, staff has met with the applicant and discussed
the concern voiced about Dodge Street Court and the language in the Comprehensive Plan
about residential development on Dodge Street Court being similar to what's in the
neighborhood. He said the applicant has agreed to an additional condition that would limit any
development from the first eighty feet to single family duplex or townhouse style done in a way
to be compatible with the residential across the street, which may still allow the possibility of an
apartment building in the area closer to Dodge Street. He said the access is likely to come off
Dodge Street with no curb cuts or driveways onto Dodge Street Court. He said staff is
recommending approval with the additional condition mentioned above and also continuing with
the recommendation that the Design Review Committee review and approve a plan that will be
forwarded to this Commission for review and approval, as well as the condition that vehicular
access be limited to Dodge Street unless the Dodge Street Court is upgraded. He said staff is
asking for additional right -of -way for Dodge Street Court as well as sidewalks being provided on
Conklin Lane and Dodge Street Court, and that drainage be directed away from Dodge Street
Court.
Eastham asked if the staff considered requiring pedestrian access from the development to
Dodge Street Court. Howard said it's the general standard in the Zoning Code that you provide
pedestrian routes out to public sidewalks, so the applicant would have to show a pedestrian
circulation pattern for the development. Eastham said he was concerned with how pedestrians
from the development would get to Dodge Street Court.
Greenwood Hektoen said that would be examined at the time of preliminary platting.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services, representing the applicant, said they have no
Planning and Zoning Commission
August 1, 2013 - Formal
Page 6 of 16
approved by the City Forester.
Eastham seconded.
A vote was taken and the motion to amend carried 6 -0.
Dyer said she is reminded of an article by Supreme Court Justice William Douglas called "Do
Trees Have Standing ?" which refers to the ability to sue. She said this plan is a grid on a hilly,
beautiful area, and it doesn't seem to take into account the landscape at all. She said she would
be inclined to ask if they need any houses in this area. She said on the east end of Oakes Drive
there are many trees around existing buildings and if Oakes Drive was moved south perhaps
those trees could be saved. She said being able to say they are going to remove one - hundred
percent of the trees doesn't seem to be a solution to preservation of one of the few remaining
natural areas of town.
Freerks said she just can't support the project because she feels that something better could be
done that would be an asset to the community.
Eastham said that one approach that Planning Commissions take elsewhere is to walk through
an area before they look at a formal plan for an area and talks with the developer and people
nearby and try to come up with some concept of how a parcel could be developed to include
both its natural features and meet the requirements of existing codes.
Miklo said the earlier subdivision was laid out thirty or forty years ago, and that has set the
direction for Oakes Drive. He said the City has tried to balance the needed community good of
extending Oakes Drive with a natural area. He said the concept of how to best deal with this
was addressed in the Comprehensive Plan. He said the City looked very closely at this in the
year the North District Plan was approved, and this is the best they could come up with given
what they are working with.
Eastham said he's encouraged that the Sensitive Areas Ordinance requires tree replacement
A vote was taken and the motion carried 4 -2 with Freerks and Dyer opposed.
REZ13- 00019/SUB13- 00012: Discussion of an application submitted by Willowwind
Properties, LLC for a rezoning from Low Density Multi - Family (RM -12) zone to Planned
Development Overlay /Low Density Multi - Family (OPD -RM12) zone for 1.31 -acres of land
located at Willow Wind Place and Westwinds Drive and a preliminary plat of The
Westwinds Second Addition, a 2 -lot residential subdivision.
Miklo said the reason for the planned development is to bring an existing duplex lot into
conformance with the Zoning Code. He explained that when Lot 3 was developed this site was a
club house, a tennis court and a storm water basin. He said it was subdivided off Lot 3 without
City review or approval and two lots were created, one for the duplex and the other for the
tennis court and storm water management facilities. He said this doesn't conform with the Code,
thus the application for a planned development.
Miklo said the plan is to create two lots, one with the duplex and the other with the storm water
basin and a very specific plan for a seven unit apartment building. He said a home owners
Planning and Zoning Commission
August 1, 2013 - Formal
Page 7 of 16
association would be formed that would obligate the future maintenance of the basin. He said
there are still deficiencies in a new plan that the City Engineers have not been able to look at
yet, so staff is recommending deferral until the next meeting and approval of the rezoning and
the plat if all the issues mentioned are worked through. He showed photos of the existing site
and surrounding area.
Freerks asked if the storm water facility functions right now for any of area. Miklo said it's a
depression and it does hold water. He said the new design will have to have the capacity to
serve both the old and the new development.
Eastham asked if this developer will have to provide storm water management for other property
owners nearby. Miklo said it was originally designed thirty years ago to serve the existing area
and it will have to serve the new development as well.
Eastham asked if it was financially feasible for the required homeowners association to be
responsible for the storm water system. Miklo said it should be.
Freerks opened public discussion.
Duane Musser of MMS Consultants and representative for the applicant said they will be looking
at the storm water standards from the 1970s, what's there today, and what set of regulations
they will be required to design under today. He said they haven't done that yet pending
outcomes from the Commission meeting and the Council.
Theobald said one of the trees the applicant has selected for planting is extremely disease
prone.
Glenn Siders of Southgate Development Services said they own properties in this area. He said
he's not opposed to this project, but he wants the applicant to be aware of the poor condition of
the sidewalk along Melrose Avenue. Miklo said the new plans do show a sidewalk connection to
Melrose Avenue, and once this is developed with dwelling units, there will be a responsible
party for maintenance.
Freerks asked if there is any way if this doesn't go through that the City can't address all of the
issues on the property. Miklo said it's been difficult in the past to get the owner's co- operation.
Freerks closed public discussion.
Eastham moved to defer this item to the August 15Th meeting.
Martin seconded.
Thomas said one of the deficiencies that concerned him was the separation on the north side of
the duplex where an S -2 standard required for the screening between the duplex and the
proposed parking lot to the north. He said he doesn't think the S -2 is appropriate here and
would like to ask for an S -5 standard. Miklo said he thought S -3, a dense evergreen hedge,
might work better.
Theobald said she's glad this project will create the opportunity to correct the condition of the
poorly maintained sidewalk on Melrose Avenue.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 8 of 16
A vote was taken and the motion carried 6 -0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo showed photographs of the property and the neighborhood. He said this property was
rezoned a number of years ago to Community Commercial (CC -2) with a Conditional Zoning
Agreement to assure that the commercial or mixed use on the property would be compatible to
the neighborhood as well as being as attractive gateway to the city.
Miklo said the applicant has marketed the property unsuccessfully with a plan for commercial or
office with apartments above and a financial institution and now wants to rezone the area. Miklo
said the Comprehensive Plan talks specifically about this intersection and the need to design
something compatible to the neighborhood as well as stating if it's not possible to develop mixed
use in this area, the residential should be compatible with the existing development on Dodge
Street Court. He said the applicant doesn't have a plan yet, but staff feels that Low Density
Multifamily (RM -12) zoning could be appropriate with conditions addressing the concern about
neighborhood compatibility.
Miklo said the other concern is that Dodge Street Court is not up to City standards and that
additional traffic shouldn't be added to it unless it's upgraded. He said staff is recommending as
a condition of development that if there is any access to Dodge Street Court that it be improved
to City standards to the point of wherever there's a driveway.
Miklo said the other concern is the odd shape of the property, so laying out a development will
take thought. He said staff is recommending conditions to get at the design and that the plan
comes back to the Commission for approval.
Miklo said there are also concerns about draining away from Dodge Street Court, where
drainage isn't adequate. He said staff is recommending approval with a number of conditions
that are listed in the staff report.
Eastham asked if staff thinks Conklin Lane is adequate to handle residential development here
and what exists on Dodge Street Court. Miklo said the City's Transportation Planners were not
as concerned about Conklin Lane as they were about Dodge Street Court. He said probably the
best place for access is off Dodge Street. Eastham asked if Dodge Street in that area is two
lanes. Miklo responded that he thinks there is a center turning lane.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services said as the applicant he would like to reserve
his comments for later.
Clifton Young of 1124 Dodge Street Court said he was informed that they are planning to build
up to thirty -two family units, and he thinks that's pretty high density for this area. He's very
concerned about the parking. He said what they don't want is very high density.
6b
Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ13- 00020)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES LOCATED NORTH
OF DODGE STREET COURT, EAST OF CONKLIN LANE, AND SOUTH OF DODGE STREET
FROM COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY MULTIFAMILY (RM -12). (REZ13-
00020)
WHEREAS, the owner, Southgate Development Company, Inc., has requested a rezoning of property
located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street from Community
Commercial (CC -2) to Low Density Multifamily (RM -12); and
WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate
for the property if mixed use development is not possible; and,
WHEREAS, the North District Plan indicates that the design of any development on this property should
be compatible with the adjacent residential neighborhood; and,
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it' complies with the Comprehensive Plan provided that it meets conditions addressing the need for
neighborhood compatibility and building and site design, pedestrian access, stormwater drainage, and
improvements to Dodge Street Court; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms
and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of CC -2 to RM -12:
LEGAL DESCRIPTION
A PORTION OF LOT 3,' JACOB RICORD'S SUBDIVISION, LYING IN THE
NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY,
JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF,
THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY; IOWA; THENCE S00 035'41 "W, 526.30 FEET; THENCE
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO
Ordinance No.
Page 2
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 000'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 °04'36 "E,
ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 012'49 "W, 334.12 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 °59'21 "W,
ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 014'32 "E, 10.00 FEET;
THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID
RECORDER'S RECORDS; THENCE N00 °42'29 "E, ALONG SAID SOUTHERLY
EXTENDED LINE AND ALONG SAID EASTERLY LINE, 106.01 FEET TO A POINT ON
SAID SOUTHEASTERLY RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1;
THENCE N57 002'22 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72
FEET TO THE POINT OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12013.
MAYOR
ATTEST:
CITY CLERK
Approved b�y�'
City Attorney's Office % `�
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
that the
First Consideration 9/17/2013
Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion,
Dickens. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
E
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Kobrin Development Company Inc., f /k/a as Southgate Development
Company, Inc. (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approximately 2.19 acres of property
located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and
WHEREAS, the Owner has requested the rezoning of said property from Community
Commercial (CC -2) to Low Density Multifamily (RM -12); and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding neighborhood compatibility and building and site design, pedestrian access,
stormwater drainage, and improvements to Dodge Street Court, the requested zoning is consistent
with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for compatibility with the surrounding neighborhood; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Kobrin Development Company Inc. is the legal title holder of the property legally
described as:
LEGAL DESCRIPTION
A PORTION OF LOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE
NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON
COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE
BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
ppdadnVagt/rez13 -00020 conditional zoning agreement.doc
JOHNSON COUNTY, IOWA; THENCE S00 035'41 "W, 526.30 FEET; THENCE
N89 °56'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 056'46 "E, 0.86 FEET TO
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 000'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 004'36 "E,
ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 °12'49 "W, 334.12 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 059'21 "W,
ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 014'32 "E, 10.00 FEET;
THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY EXTENSION
OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN ACQUISITION
PLAT RECORDED IN BOOK 3672 AT PAGE 955 IN SAID RECORDER'S RECORDS;
THENCE N00 042'29 "E, ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG
SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO. 1; THENCE N57 002'22 "E,
ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the North district plan. Further, the parties acknowledge
that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Multi- family Development, other than townhouse style, shall not occur within 80 feet of
Dodge Street Court right -of -way; development within 80 feet of Dodge Street Court
right -of -way will be limited to single family, duplex or townhouse style dwelling units;
b. Approval of a development plan, including a landscaping plan, building designs, and
site plan by the Design Review Committee and the Planning and Zoning Commission,
to ensure compatibility with adjacent residential properties and appropriate
development appearance for an entranceway to the city, shall be required prior to
approval of a building permit;
c. If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City standards to
the point of access (driveway location) prior to issuance of a building permit; and
d. Owner shall dedicate sufficient land along the entire property frontage to widen the
Dodge Street Court right -of -way to 50 feet prior to approval of site plan or building
permit.
ppdadm/agt/rez13 -00020 conditional zoning agreement.doc 2
e. Owner shall install sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provide pedestrian connections from the development to the sidewalk
on Dodge Street prior to issuance of a certificate of occupancy;
f. Development on the subject properties shall be designed to drain on -site storm water
away from Dodge Street Court. The City Engineer shall review and approve the
drainage plan prior to approval of a site plan or building permit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2013), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of , 2013.
CITY OF IOWA CITY Kobrin Development Company Inc.
C
Matthew Hayek, Mayor WJeph T. Braverman, Preside
Attest:
Marian K. Karr, City Clerk
ppdadm/agtlrez13 -00020 conditional zoning agreement.doc 3
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2013 by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 5EPftmr3Ef. (I , 2013 by Joseph T.
Braverman as President of Kobrin Development Compan Inc.
Not hl in and for said Co my and State
„�!. ' .. i' •.9 ; (Stamp or Seal)
Iowa
IDR1A1.
ppdadm/agtlrez13 -00020 conditional zoning agreementdoc 4
-0
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020)
CONDITIONAL ZONING AGREEMENT,/
THIS AGREEMENT is Made between the City of Iowa �2yreinafter owa, a municipal corporation
(hereinafter "City "), Southgate Development Company, Inc. "Owner ").
WHEREAS, Owner is `the legal title holder o approximately 2.19 acres of property
located north of Dodge Street Co`t, east of Conklin L e and south of Dodge Street; and
WHEREAS, the Owner ha \ \s`��l1requested t ;rezoning of said property from Community
Commercial (CC -2) to Low Density nn�ltifamily M -12); and
WHEREAS, the Planning and Zoi
conditions regarding neighborhood com
stormwater drainage, and improvements to
with the Comprehensive Plan; and /
mmission has determined that, with appropriate
and building and site design, pedestrian access,
Street Court, the requested zoning is consistent
WHEREAS, Iowa Code §41 .5 (2011 provides that the City of Iowa City may impose
reasonable conditions on grantin an applic is rezoning request, over and above existing
regulations, in order to satisfy pub c needs cau d by the requested change; and
WHEREAS, the Owne acknowledges at certain conditions and restrictions are
reasonable to ensure the dev lopment of the pr erty is consistent with the Comprehensive
Plan and the need for compa bility with the surroun ing neighborhood; and
WHEREAS, the Owner a rees to develop this pro erty in accordance with the terms and
conditions of a Conditiona Zoning Agreement.
NOW, THEREFORE, i consideration of the mutual p omises contained herein, the parties
agree as follows:
1. Southgate Development Company, Inc. is the lega% itle holder of the property legally
described ass//. \\
A PO ION OF LOT 3, JACOB RICORD'S SU DIVISION, LYING IN THE
NORT EAST ONE - QUARTER OF THE SOUTHWEST E- QUARTER OF SECTION
2, TO NSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" M., IOWA CITY, JOHNSON
COU TY, IOWA ACCORDING TO THE RECORDE PLAT THEREOF, THE
BO NDARIES OF WHICH ARE DESCRIBED AS FOLLOWS.
'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF TH NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTI N 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERXDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.3 FEET; THENCE
ppdadm /agt1rez13 -00020 conditional zoning agreement.doc 1
N89 °56'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 5672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER/ !AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING 169 056'46 "E, 0.86 FEET TO
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIG f -OF -WAY LINE; THENCE
N57 °00'09 "E, ALONG AID SOUTHEASTERLY RIGH OF -WAY LINE, 235.37 FEET;
THENCE N57 °13'00 , ALONG SAID SOUTHEA ERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A DINT ON THE NORTHE Y LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISI IOWA CITY, JOHNSO COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT HEREOF, RECORDE IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE OHNSON COLIN RECORDER; THENCE N88 °04'36 "E,
ALONG SAID NORTHERL LINE, 72.19 FE ; THENCE S00 °12'49 "W, 334.12 FEET
TO A POINT ON THE SOU HERLY LINE F SAID LOT 3; THENCE S89 059'21 "W,
ALONG SAID SOUTHERLY L NE, 81.66 EET; THENCE N01 °14'32 "E, 10.00 FEET;
THENCE S89 059'21 "W, 324.64 EET TO POINT ON THE SOUTHERLY EXTENSION
OF THE EASTERLY LINE OF TRA OF LAND SHOWN ON AN ACQUISITION
PLAT RECORDED IN BOOK 36 AT AGE 955 IN SAID RECORDER'S RECORDS;
THENCE N00 042'29 "E, ALONG S I SOUTHERLY EXTENDED LINE AND ALONG
SAID EASTERLY LINE, 106.01 T TO A POINT ON SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE OF IOWA ATE HIGHWAY NO. 1; THENCE N57 002'22 "E,
ALONG SAID SOUTHEASTERLY I HT -OF -WAY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2. 9 CRES AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that a City fishes to ensure conformance to the principles
of the Comprehensive Plan an the Nort district plan. Further, the parties acknowledge
that Iowa Code §414.5 (20 1) provid that the City of Iowa City may impose
reasonable conditions on gra ing an app 'cant's rezoning request, over and above the
existing regulations, in order t satisfy publi needs caused by the requested change.
3. In consideration of the ity's rezoning he subject property, Owner agree that
development of the subject property will con rm to all other requirements of the zoning
chapter, as well as the foil ing conditions:
a. Development within §0 feet of Dodge Str et Court will be limited to single family,
duplex or townhouse tyle dwelling units;
b. Approval of a development plan, including a andscaping plan, building designs, and
site plan by the Desj jn Review Committee an the Planning and Zoning Commission,
to ensure compatibility with adjacent re 'dential properties and appropriate
development appeprance for an entranceway o the city, shall be required prior to
approval of a building permit;
c. If development o this property has vehicular ccess to Dodge Street Court, the
developer shall iMtall improvements needed to bri g the street up to City standards to
the point of access (driveway location) prior to issua ce of a building permit; and
d. Owner shall dedicate sufficient land along the enti property frontage to widen the
Dodge Street 9ourt right -of -way to 50 feet prior to pproval of site plan or building
permit.
e. Owner shal nstall sidewalks along the Conklin La e, and Dodge Street Court
frontages, a d provide pedestrian connections from the development to the sidewalk
on Dodge Street prior to issuance of a certificate of occupancy;
ppdadm/agt/rez13 -00020 conditional zoning agreement.doc
f. Development on the subject properties shall be designed to drain on -site storm water
away from Dodge Street Court. The City Engineer shall review and approve the
drainage plan prior to approval of a site plan or building permit
4. The Owner and City acknowledge that the conditions co ained herein are reasonable
conditions to impos on the land under Iowa Code/§414.5 (2011), and that said
conditions satisfy pu is needs that are caused by the r uested zoning change.
r
5. The Owner and City, a knowledge that in the eventithe subject property is transferred,
sold, redeveloped, or s bdivided, all redevelopmq�t will conform with the terms of this
Conditional Zoning Agre ent.
6. The parties acknowledge t at this Conditionallzoning Agreement shall be deemed to be
a covenant running with the land and with tit,lo to the land, and shall remain in full force
and effect as a covenant wit title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledgelhat this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
x
7. The Owner acknowledge(s) that n Ping in this Conditional Zoning Agreement shall be
construed to relieve the Owner or;4Applicant from complying with all other applicable
local, state, and federal regulations'. .�
8. The parties agree that this Conditio`gal Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Owner s expense.
Dated this day of
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's
ppdadm/agt1rez13 -00020 conditional zoning agreement.doc 3
2013.
Southgate Development Company, Inc.
M
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowled ed before me on , 2013 by Matthew Hayek
and Marian K. Karr as Mayor an City Clerk, respectively, of the ity of Iowa City.
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged
as
NotaYdRank)
in and for the State of Iowa
(Stamal)
Title (
me on 2013 by
of , Inc.
Notary Public in and for said County and State
(Stamp 4.,Seal)
Title (and Funk)
ppdadm /agt/rez13 -00020 conditional zoning agreement.doc 4
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern
Item: REZ13 -00020 (1425 N. Dodge Street) Date: August 1, 2013
GENERAL INFORMATION:
Applicant: Southgate Development Company, Inc.
755 Mormon Trek Boulevard
Iowa City, Iowa 52246
319- 337 -4195
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Glenn Siders
755 Mormon Trek Boulevard
Iowa City, Iowa 52246
319- 466 -4304
gsiders@southgateco.com
Rezoning from CC -2 to RM -12
Allow for development of residential uses
Dodge Street east of Conklin Lane and north of
Dodge Street Court.
2.13 acres
Undeveloped, CC -2
North: residential, RS -5
South: residential, RS -8 and RS -12
East: undeveloped, RS -8
West: cemetery and commercial, CC -2 and CN -1
North District Plan: Mixed Use
July 8, 2013
August 22, 2013
The applicant, Southgate Development Company, has requested a rezoning of approximately
2.13 acres of land located on the southeast side of Dodge Street east of Conklin Lane and north
of Dodge Street Court, from Community Commercial (CC -2) to Low - Density Multi - Family (RM -12).
The subject property was rezoned from Medium - Density Single - Family (RS -8) and Intensive
Commercial (CI -1) to CC -2 in 2005, subject to a Conditional Zoning Agreement. The CZA focused
on making the proposed mixed -use development compatible with the surrounding residential area.
The conditions addressed building height and design, curb cuts onto Dodge Street Court,
pedestrian access, buffer area and screening (a masonry wall and landscaping) between the
2
proposed commercial development and nearby residential uses, signage, lighting, on -site storm
water drainage away from Dodge Street Court, and adherence to the submitted concept plan (see
attached). The CZA also required the dedication of public right -of -way to widen Dodge Street
Court to 50 feet and a contribution from the applicant to the cost of improving Dodge Street Court
to City standards.
The applicant has not indicated if they have used the "Good Neighbor Policy" and had discussions
with neighborhood representatives.
►_TAG WWM
Current Zoning: CC -2 zoning is intended to provide for major business districts that serve a
significant segment of the total community. In addition to a variety of retail uses, these centers
typically feature large- traffic generators requiring access from major thoroughfares. The current
zoning is tied to concept plan that would orient the development away from the single family
development on the east side of Dodge Street Court and provide a buffer featuring a decorative
masonry wall and extensive landscaping.
Proposed Zoning: RM -12 zoning allows for development of high- density single - family and low -
density multi - family housing with the goal of creating a variety of housing options within a
neighborhood. To ensure compatibility among the various housing types, careful attention to site
and building design is necessary. Detached single - family and multi - family units are permitted
within the RM -12 zone while duplexes and attached single - family units are allowed provisionally. If
zoned to RM -12 up to 34 multi - family units would be allowed on the subject property. RM -12
Zoning would also allow single family and duplex uses.
Compliance with Comprehensive Plan: The North District Plan directly addresses the subject
property on page 29: "...the Plan designates the area directly east of Dubuque Road and
Conklin Lane as appropriate for a mixture of residential and commercial development. Careful
consideration must be given to the design of any development in these areas to assure that it is
compatible with the adjacent residential neighborhoods. Development ideally will be mixed use
with a residential component facing Dodge Street Court. Vehicular access for commercial uses
will be limited to the current curb cut on Dodge Street. This will require shared access for these
properties. If it is not possible to achieve a mixed -use development adjacent to Dodge Street
Court, the preferred use is residential, similar to existing residential development in the area."
According to the statement submitted with the application, the applicant has attempted to
market the property for mixed -use development, but has not been successful and the property
remains undeveloped. The North District Plan acknowledges that mixed -use development on
the subject properties may not be possible. Also, the Comprehensive Plan generally supports
smaller multi - family developments at the intersections of collector and arterial streets, such as
the location of the subject properties. Therefore, staff finds that the proposed rezoning to low
density multi - family residential (RM -12) is compatible with the Comprehensive Plan, if subject to
conditions necessary to ensure that future residential development is compatible with the
existing residential properties along Dodge Street Court.
Compatibility with neighborhood: The subject properties are surrounded by single - family
zoning along Dodge Street Court and commercial zoning and uses that front on Dodge Street,
a major arterial street. The proposed RM -12 zoning would allow for development at a higher
density than the existing residential uses nearby. The adjacent lot to the east of the subject
property is zoned RS -8 and is undeveloped. Other properties along Dodge Street are zoned a
mix of RS -8 and RS -12. The location of low- density multi - family or high- density single - family
uses on the subject properties could act as a transition from the commercial zoning along
Dodge Street.
PCD \Staff Reports \ rez13 -00020 (1425 n dodge) staff report.doc
3
As stated above, the Zoning Code calls for careful attention to site and building design to
ensure compatibility among the various housing types allowed in the RM -12 zone. The
Comprehensive Plan specifies that residential development on the subject properties should be
compatible with the existing residential development in the area. Further, the triple- fronting lot
created requires careful attention to building orientation and lot configuration — parking must be
located behind principal structures and concealed from view of fronting streets, and if not
completely concealed screened to the S2 standard, and principal structures must be oriented
towards a public street or an interior courtyard. For these reasons, Staff recommends that at
such time as a development of the property is proposed that the site plan be reviewed by the
Design Review Committee and the Planning and Zoning Commission to ensure that the
proposed development is compatible with the surrounding neighborhood with regard to scale
and placement of buildings and location and screening of parking, drives, pedestrian facilities
and other site elements.
The CZA for the 2005 rezoning required the applicant to install an adequate buffer —a minimum
5 -foot tall brick wall and trees —along Dodge Street Court between residential and commercial
development. It does not appear that landscaping to such an extent would be needed with the
current proposal since commercial development is no longer proposed, although given that the
property has frontage on three streets, appropriately locating and screening parking areas may
be a challenge. Therefore, staff recommends that a landscaping plan be submitted for review
by the Design Review Committee and the Planning and Zoning as part of site plan review.
Environmentally - Sensitive Areas: There are no regulated sensitive areas on the subject
properties.
Traffic implications: Residential development on Dodge Court Street, a dead -end street,
consists of detached single - family dwellings and duplexes. While development of low- density
multi - family or high- density single - family housing on the subject properties would not be
expected to significantly add to the traffic volume in the area, such development could impact
the residents living on Dodge Street Court given the constrained right -of -way. The Dodge Street
Court right -of -way is very narrow (just over 30 -feet wide), and the roadway is just under 20 -feet
wide and has not been improved to City standards.
In a memo prepared in response to questions raised by the Commission during a public hearing
for the 2005 rezoning, Staff estimated that if the frontage of Dodge Street Court were
developed with residential uses, these uses would generate between 60 and 70 vehicle trips
per day onto Dodge Street Court. During the public hearings, area residents expressed concern
that multi - family housing on the site would lead to more parking on Dodge Street Court, and
that any increase in traffic on the street would be significant. A curb cut providing access to the
subject properties from Dodge Street Court was also not welcomed by some nearby residents.
Since commercial development is no longer being contemplated, it is Staff's view that access to
Dodge Street Court would be acceptable, as long as the applicant pays for installing
improvements on Dodge Street Court as needed to bring the street up to City standards.
Regardless of whether there is an access point along Dodge Street Court, the applicant should be
obligated to dedicate enough land to widen the Dodge Street Court right -of -way to 50 feet. The
CZA from the 2005 rezoning required the applicant to pay half the cost (but not to exceed a
payment of $60,000) of improving the portion of Dodge Street Court located adjacent to the
subject properties to City standards, unless the property was developed with no vehicular
access to or from Dodge Street Court. In addition, the existing CZA obligated the applicant to
dedicate sufficient land to bring the Dodge Street Court right -of -way width up to 50 feet, which,
if Dodge Street Court is classified as a low- volume cul -de -sac, would be appropriate. Therefore,
staff recommends that the following conditions be included in a CZA for the current proposal:
PCD \Staff Reportslrezl3 -00020 (1425 n dodge) staff report. doc
4
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City standards to
the point of access (driveway location); and
• The applicant shall dedicate sufficient land along the entire property frontage to widen
the Dodge Street Court right -of -way to 50 feet.
Pedestrian Facilities: In addition to the narrow right -of -way, there are no sidewalks along the
property's frontage with Dodge Street Court and Conklin Lane. To ensure adequate pedestrian
access to the site, the CZA from the 2005 rezoning required that the applicant install sidewalks
along the Conklin Lane and Dodge Street frontage and provide pedestrian connections from the
development to the sidewalk on Dodge Street. It is staff's recommendation that these conditions
also be included in a CZA for the current proposal.
Storm water management: If Dodge Street Court adjacent to the subject properties is improved,
it will have curb, gutter and a storm sewer. However, this will not address the drainage problems
of property owners to the east and, depending on how storm water is directed, may increase the
problem. Dodge Street Court slopes from west to east and this would not change with the
reconstruction. To ensure that the rate of flow of storm water to the east does not increase, it
would be necessary to drain the storm water across the subject properties toward Dodge Street.
The City would need to ensure that when the subject properties are developed, it is graded to
drain towards Dodge Street rather than Dodge Street Court. The CZA from the 2005 rezoning
required design of development on the subject properties to drain on -site storm water away from
Dodge Street Court, which Staff recommends remain a condition of approval for the current
proposal.
STAFF RECOMMENDATION:
Staff recommends approval of REZ13- 00020, a request to rezone approximately 2.13 acres of
land located east of Conklin Lane, southeast of Dodge Street and west of Dodge Street Court,
from CC -2 to Low Density Multi - Family Residential (RM -12), subject to the following conditions:
• A development plan, including a landscaping plan, building designs, and site plan be
approved by the Design Review Committee and be forwarded to the Planning and Zoning
Commission for review and approval to ensure compatibility with adjacent residential
properties;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City standards to
the point of access (driveway location); and
• The applicant shall dedicate sufficient land along the entire property frontage to widen
the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court frontages,
and provides pedestrian connections from the development to the sidewalk on Dodge
Street;
• Development on the subject properties shall be designed to drain on -site stormwater away
from Dodge Street Court.
ATTACHMENTS:
1. Location Map
2. Existing concept plan for mixed use development
3. Applicants Statement
PCD1Staff Reportslrez13 -00020 (1425 n dodge) staff report.doc
Approved by:� `
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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Applicants Statement
This property is adjacent to a major arterial street that connects to Interstate -80.
It is currently zoned with a Conditional Zoning Agreement (CZA) established in
September 2005. The underlying zoning designation is CC -2. The current CZA will
never materialize based on the fact that it is obligated to comply with a specific
site plan and use. The surrounding area has a mix of zoning classifications ranging
from single family development to commercial.
In 2005 when we agreed to the CZA we were marketing the property for a
banking use along with some professional office users and retail. We also were
intending some residential use. Our marketing attempts were not successful for
this plan. We then expanded our efforts to market any commercial users
anticipating having to amend the CZA. These efforts have also failed. We feel that
rezoning this property for residential use only is the most practical and reasonable
solution.
It is bounded by streets on three sides and as mentioned above one a major
arterial. This setting is not conducive or practical for a single family living
environment. It is not large enough to consider subdividing it into lots. We feel a
multiple family residential use is an acceptable use for this site. We also feel this
use is compatible with the surrounding residential uses and is within with the
Comprehensive Plan.
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Bob Miklo
From: Timothy Furman <furmantimothy @g mail. com>
Sent: Thursday, July 25, 2013 12:34 PM
To: PlanningZoningPublic; Bob Miklo; gsiders @southgateco.com
Subject: opposition to rezoning request by Southgate at 1425 N Dodge St
Dear City Staff, Mr. Miklo, and Mr. Siders,
I disagree with Southgate's applicant statement that "multiple family residential use is an acceptable use for this
site" and "within the Comprehensive Plan."
I would like to respectfully point out that Southgate's request for multi - family zoning is NOT consistent with
the City's Comprehensive Plan. The North District Plan for the Dodge Street Commercial Area (page 29) reads
as follows:
"If it is not possible to achieve a mixed use development adjacent to Dodge Street Court the preferred use is
residential similar to the existing residential development in the area."
Because ALL of the existing residential development in the area is single family, only a rezoning to single
family residential should be considered "within the Comprehensive Plan."
Sincerely,
Tim Furman
1263 Dodge Street Court
August 2, 2013
TO ALL MEMBERS OF THE IOWA CITY PLANNING AND ZONING COMMISSION
Re: Rezoning 1425 N. Dodge St. REZ13 -00020
I spent nearly 25 years of my life attending planning and zoning commission meetings and city council meetings, mostly dealing
with land use disputes. There were many negative experiences. Since I retired from my law practice in 2000 1 never expected to
be in another such meeting. I dreaded the thought of going to last night's meeting.
Despite my trepidation the meeting was a positive experience. I appreciate how it was conducted. I appreciate the fact that you
listened and understood our concerns and our argument regarding "similar" uses. I felt a sense of peace when I left City Hall. I felt
that our system seems to be working fine.
My compliments also go out to Bob Miklo. Though I may not agree with his conclusions, I certainly appreciate the way he handles
himself and the way he works with the commission.
I wish Glenn Siders and Southgate development the best as to this project and all of their other projects. Hopefully this land can
be put to good use in the near future.
In addition to the property that we own on Dodge Street Court, my wife and I own the property at 1106 N. Dodge St., about two
blocks west of the Southgate site. It too is zoned CC -2. This fall we will be tearing down the old house on the property and building
a new small office building for our family rental business. We believe that the Dodge Street entrance to Iowa City and this entire
corridor is a community asset and we hope to see it looking better and better as time goes by.
Thanks again,
o n Cruise
5 Bluffwood Drive
Iowa City, IA 52245
I
CITY OF IOWA CITY
""am low
MEMORANDUM
ft
Date: August 9, 2013
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ13 -00020 Dodge Street, Conklin Lane and Dodge Street Court
Staff has met with the applicant to discuss additional conditions, such as a limitation on the
types of housing (single family, duplex and or townhouse style buildings), that would be allowed
on Dodge Street Court as a condition of the rezoning proposal. The applicant is considering
these additional conditions and hopes to have a response before the August 15 meeting.
August 2, 2013
TO ALL MEMBERS OF THE IOWA CITY PLANNING AND ZONING COMMISSION
Re: Rezoning 1425 N. Dodge St. REZ13 -00020
I spent nearly 25 years of my life attending planning and zoning commission meetings and city council meetings, mostly dealing
with land use disputes. There were many negative experiences. Since I retired from my law practice in 20001 never expected to
be in another such meeting. I dreaded the thought of going to last night's meeting.
Despite my trepidation the meeting was a positive experience. I appreciate how it was conducted. I appreciate the fact that you
listened and understood our concerns and our argument regarding "similar" uses. I felt a sense of peace when I left City Hall. I felt
that our system seems to be working fine.
My compliments also go out to Bob Miklo. Though I may not agree with his conclusions, I certainly appreciate the way he handles
himself and the way he works with the commission.
I wish Glenn Siders and Southgate development the best as to this project and all of their other projects. Hopefully this land can
be put to good use in the near future.
In addition to the property that we own on Dodge Street Court, my wife and I own the property at 1106 N. Dodge St., about two
blocks west of the Southgate site. It too is zoned CC -2. This fall we will be tearing down the old house on the property and building
a new small office building for our family rental business. We believe that the Dodge Street entrance to Iowa City and this entire
corridor is a community asset and we hope to see it looking better and better as time goes by.
Thanks again,
o n Cruise
5 Bluffwood Drive
Iowa City, IA 52245
Planning and Zoning Commission
August 15, 2013 - Formal
Page 5 of 12
expense and most of all that people will know up front what they are getting into when they buy
or rent those units.
Theobald said her concern is the maintenance. She said some of the trees are lovely and she
sees that as a really nice thing to build on if they can be saved.
Thomas said it's problematic to him that the detention basin is serving the development to the
south as well as the drainage from the street to the east and that the basin is the responsibility
of nine units. He said it seems to be more of a legal issue than one of planning and zoning.
Miklo said that if the larger subdivision was being developed today, the legal papers in the
developer's agreement would address all this. Thomas said in this case there is a considerable
burden on this property in terms of the renovation and maintenance of the basin.
Dyer asked if the people in the existing duplex had any responsibility for the basin up to now.
Miklo said they have not. He said the owner of the duplex is responsible.
A vote was taken and the motion carried 7 -0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo said since the last Commission meeting, staff has met with the applicant and discussed
the concern voiced about Dodge Street Court and the language in the Comprehensive Plan
about residential development on Dodge Street Court being similar to what's in the
neighborhood. He said the applicant has agreed to an additional condition that would limit any
development from the first eighty feet to single family duplex or townhouse style done in a way
to be compatible with the residential across the street, which may still allow the possibility of an
apartment building in the area closer to Dodge Street. He said the access is likely to come off
Dodge Street with no curb cuts or driveways onto Dodge Street Court. He said staff is
recommending approval with the additional condition mentioned above and also continuing with
the recommendation that the Design Review Committee review and approve a plan that will be
forwarded to this Commission for review and approval, as well as the condition that vehicular
access be limited to Dodge Street unless the Dodge Street Court is upgraded. He said staff is
asking for additional right -of -way for Dodge Street Court as well as sidewalks being provided on
Conklin Lane and Dodge Street Court, and that drainage be directed away from Dodge Street
Court.
Eastham asked if the staff considered requiring pedestrian access from the development to
Dodge Street Court. Howard said it's the general standard in the Zoning Code that you provide
pedestrian routes out to public sidewalks, so the applicant would have to show a pedestrian
circulation pattern for the development. Eastham said he was concerned with how pedestrians
from the development would get to Dodge Street Court.
Greenwood Hektoen said that would be examined at the time of preliminary platting.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services, representing the applicant, said they have no
Planning and Zoning Commission
August 15, 2013 - Formal
Page 6 of 12
problem with any of the conditions imposed by the Conditional Zoning Agreement (CZA). He
asked that the Commission keep in mind that they are giving up about eight thousand square
feet to accommodate the fifty foot right -of -way for future improvements onto Dodge Street Court,
should they ever happen. He said they don't anticipate access from Conklin Lane or Dodge
Street Court.
Alan MacVay of Conklin Lane said he was pleased that the developer would need to present
specific plans for this site. He asked about the density. Miklo responded that he estimated a
total of twenty -four to twenty -eight units at the most could be built. McVay said they would have
to be very careful about doubling the density on a very small plot. He said he want to be sure
that this is developed in an attractive way and is welcoming as a gateway to Iowa City, as well
as being appropriate for the neighborhood.
Miklo said at the last meeting Eastham had requested adding reference to this being an
entrance to the city, and that was left out of the conditions, so the Commission could make that
a condition of approval.
Lori Dockery of 1110 Conklin Lane said she likes the idea of duplexes and townhouse —style
units but would like clarification on exactly what is meant by townhouse - style. Miklo explained
that in this case each unit would have a front and back door but there is no visual separation
between the units.
Clifton Young of 1124 Dodge Street Court asked where the cars will be parked for all the
buildings that will be constructed. He said people with garages already park out on Dodge
Street Court, and if they add thirty -two more family units, that could be up to sixty cars. He said
his other concern is the density. Miklo said the most efficient way to put parking on this site
would be to put garage or parking behind the units. He said you might see a twelve unit building
and single family duplex or townhouses on this site but there won't be a twenty -four unit building
on the site.
Freerks asked what the maximum number of bedrooms would be in this zone. Miklo said it
would be three.
Eastham asked how the current parking requirements for development work out well for this
kind of development in terms of adequate on -site parking. Miklo said in this zone one parking
space would have to be provided per bedroom.
Freerks said it doesn't have to be three, and it could be built with fewer bedrooms.
Miklo clarified if these were built as single family and they were subdivided into lots only one
parking space is required. He said most single family provides two. He said if they were
duplexes two parking spaces would be required. He said if they were townhouse style, which is
technically multifamily, then three spaces would be required.
Tim Furman of 1263 Dodge Street Court said he would urge the Commission to consider the
Comprehensive Plan in their decision. He said the Plan states that "if it is not possible to
achieve a mixed use development adjacent to Dodge Street Court the preferred use is
residential similar to the existing residential development in the area ", not the first eighty feet of
Dodge Street Court so he thinks this is some tricky wording. He said the area is all single family
and he thinks RS -12 is the highest density that should be granted.
Miklo corrected his previous statement and clarified that since this isn't a University Impact
Planning and Zoning Commission
August 15, 2013 - Formal
Page 7 of 12
Zone, only two parking spaces are required for a 3- bedroom unit. Freerks said it's in the best
interest of the developers to offer guest parking with apartment buildings and the Commission
likes to see it, at least with the twelve -unit building.
Eastham noted there is little if any on- street parking available in this area.
Freerks closed public discussion.
Eastham moved to recommend approval of REZ13- 00020, a request to rezone
approximately 2.13 acres of land located east of Conklin Lane, southeast of Dodge and
west of Dodge Street Court from Community Commercial (CC -2) to Low Density
Multifamily (RM -12) subject to the following conditions and amending the second
condition to add the words "and appearance from Dodge Street ":
• Development within 80 feet of Dodge Street Court will be limited to single family,
duplex or townhouse style dwelling units;
• A development plan, including a landscaping plan, building designs, and site plan
be approved by the Design Review Committee and be forwarded to the Planning
and Zoning Commission for review and approval to ensure compatibility with
adjacent residential properties and appearance from Dodge Street;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City
standards to the point of access (driveway location);
• The applicant shall dedicate sufficient land along the entire property frontage to
widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provides pedestrian connections from the development to the
sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site
stormwater away from Dodge Street Court.
Martin seconded.
Eastham said this is a reasonable approach to development of this site, which does have some
considerations in terms of assuring compatibility with the existing developments along Dodge
Street Court and Conklin Lane as well as complying with the Comprehensive Plan. He said he
interprets the Plan for this area that the compatibility with existing buildings should definitely
obtain along Dodge Street Court. He said other language in the Plan calls for more dense or
multifamily development along areas served by arterial streets, and he thinks there will be good
visual separation between existing homes on Dodge Street Court and any modest sized
multifamily building toward the northern part of this parcel. He said he will be looking forward to
a good plan consisting of internal circulation and communication.
Martin said that this area being a residential area is appropriately welcoming as a gateway to
Iowa City. She said she is looking forward to something residential going in there and thinks it's
a nice beginning.
Thomas said for him the issues of density and compatibility are the critical ones, and the
opportunity the Commission will have to review the plans for this site will give the Commission
the opportunity to evaluate if the compatibility is realized. He said he thinks higher density
should strive toward higher quality, yet he feels that in Iowa City multifamily has a reputation as
something to be dreaded. He said when they promote higher density, he would like to see a
higher quality result from that, and that's what he will be looking for at the next review.
Planning and Zoning Commission
August 15, 2013 - Formal
Page 8 of 12
Theobald said she said she has concerns about the density and the compatibility with the
existing housing.
Freerks said she thinks having townhouses adjacent to the subject property has potential to
blend in. She said she agrees with Thomas's comments about quality, because this is a
gateway and she wants what takes place there to create a welcoming and pleasant
environment.
Dyer said she supports it also. She said it was a good idea to eliminate access on Dodge Street
Court and Conklin Lane, although making a left turn onto Dodge Street is difficult and you will
have two of those turns fairly close together. Miklo clarified that his approval would not
necessarily eliminate it but would make it unlikely.
Swygard said she would encourage that the next step involve the neighbors as much as
possible in the design and the use of screening and she would the applicant to keep in mind that
the proper landscaping can make the neighborhood feel less encroached upon.
A vote was taken and the motion carried 6 -1 with Theobald opposed.
Zoning Code Amendment:
Discussion of an amendment to Title 14: Zoning, to allow additional building height and
floor area, and alternative ground floor transparency and building articulation standards
for properties zoned Central Business Support (CB -2) that are located in the Riverfront
Crossings District.
Howard explained that MidWestOne Bank is designing a new office building that will be located
at the corner of Clinton and Harrison Streets on the site of the former Sabin School parking lot.
She said the proposed building will replace the former MidWestOne building torn down at the
corner of Burlington and Clinton Streets for the new music school. She said the parking lot was
rezoned when the property was transferred to MidWestOne to Central Business Support (CB -2).
It was zoned CB -2 because this zone allows drive - through facilities, and the bank wanted to
retain that function.
Howard said when the CB -2 zone was chosen it was recognized that eventually this zoning
designation would be replaced with the anticipated form -based code for Riverfront Crossings.
Howard said the staff expected the Riverfront Crossings Code to be in place by the time the
building was built, but MidWestOne Bank wants to start construction sooner than originally
anticipated, so they have asked staff what kinds of zoning issues they would have if they want
to start this fall. Midwest One is proposing a 6 -story office building. She said the proposed
building would be consistent with the Riverfront Crossings Plan in that taller, larger buildings are
anticipated in that area. She said this is the only property zoned CB -2 south of Burlington Street,
so the proposed zoning code amendment would only apply to this particular property. Howard
emphasized that this amendment is an interim zoning solution and will only affect this property.
She said in this case they anticipate that the CB -2 zoning of the property will be replaced when
the form -based Code is adopted.
Howard said the zoning issues staff identified are that the proposed building exceeds the
maximum FAR and building height for the current CB -2 zone. In addition, the Harrison Street
fagade does not meet the ground -level storefront window standard that applies in the Central
Business Zones. She noted that most of the central business district, retail and restaurants are
the intended predominant uses so the storefront transparency requirements are very important.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 8 of 16
A vote was taken and the motion carried 6 -0.
Rezoning Item:
REZ13- 00020: Discussion of an application submitted by Southgate Development
Company, Inc., for a rezoning from Community Commercial (CC -2) zone to Low Density
Multifamily (RM -12) zone for 2.19 -acres of land located east of Dodge Street, north of
Conklin Lane and west of Dodge Street Court.
Miklo showed photographs of the property and the neighborhood. He said this property was
rezoned a number of years ago to Community Commercial (CC -2) with a Conditional Zoning
Agreement to assure that the commercial or mixed use on the property would be compatible to
the neighborhood as well as being as attractive gateway to the city.
Miklo said the applicant has marketed the property unsuccessfully with a plan for commercial or
office with apartments above and a financial institution and now wants to rezone the area. Miklo
said the Comprehensive Plan talks specifically about this intersection and the need to design
something compatible to the neighborhood as well as stating if it's not possible to develop mixed
use in this area, the residential should be compatible with the existing development on Dodge
Street Court. He said the applicant doesn't have a plan yet, but staff feels that Low Density
Multifamily (RM -12) zoning could be appropriate with conditions addressing the concern about
neighborhood compatibility.
Miklo said the other concern is that Dodge Street Court is not up to City standards and that
additional traffic shouldn't be added to it unless it's upgraded. He said staff is recommending as
a condition of development that if there is any access to Dodge Street Court that it be improved
to City standards to the point of wherever there's a driveway.
Miklo said the other concern is the odd shape of the property, so laying out a development will
take thought. He said staff is recommending conditions to get at the design and that the plan
comes back to the Commission for approval.
Miklo said there are also concerns about draining away from Dodge Street Court, where
drainage isn't adequate. He said staff is recommending approval with a number of conditions
that are listed in the staff report.
Eastham asked if staff thinks Conklin Lane is adequate to handle residential development here
and what exists on Dodge Street Court. Miklo said the City's Transportation Planners were not
as concerned about Conklin Lane as they were about Dodge Street Court. He said probably the
best place for access is off Dodge Street. Eastham asked if Dodge Street in that area is two
lanes. Miklo responded that he thinks there is a center turning lane.
Freerks opened public discussion.
Glenn Siders of Southgate Development Services said as the applicant he would like to reserve
his comments for later.
Clifton Young of 1124 Dodge Street Court said he was informed that they are planning to build
up to thirty -two family units, and he thinks that's pretty high density for this area. He's very
concerned about the parking. He said what they don't want is very high density.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 9 of 16
Eastham asked what the number of units will be if this is zoned RM -12. Miklo said based on
land area, up to thirty -two units could be developed depending on design review.
Thomas asked if Miklo had the numbers for RS -12. Miklo said he thinks it would allow close to
the same number.
Lori Dockery of 1110 Conklin Lane said this has always been a quiet place. She said she's
concerned about a large number of people coming into the neighborhood and disrupting their
quiet style of life.. She said that Dodge Street has become very busy lately. She said duplexes
or townhomes would fit in with the neighborhood or smaller single family homes.
Tim Furman of 1763 Dodge Street Court said he disagrees on the rezoning application and
would like to see some validation of the applicant's claim that they can't market the property. He
said they are asking $950,000 for the property and the assessed value is around $350,000. He
said this request is not compatible with the Comprehensive Plan as it reads "if it is not possible
to achieve a mixed use development adjacent to Dodge Street Court the preferred use is
residential similar to the existing residential development in the area." He said he interprets that
to mean single family as there is no multi - family in the area.
Miklo referred to a previous question from the Commission and said if this was zoned RS -12
with a planned development you could get up to twenty -eight units theoretically.
John Cruise of 905 Bluffwood Drive said his son lives at 1265 Dodge Street Court and that he is
opposed to multi - family in the area for the same reasons Furman is opposed. He said he hopes
the Commission will look at this in light of the Comprehensive Plan. He said multi - family is not
similar to anything in this area.
Glenn Siders said they have aggressively marketed this property. He said the odd shape of the
lot makes elements of commercial development difficult, so it's most appropriate to look at this
development as all residential. He said they have no problems with adhering to any of the staff
recommendations and he doubts that they will use Dodge Street Court or Conklin Lane as
access. He said any access will come off Dodge Street.
Freerks asked what Siders feels about RS -12. Siders said they thought about RS -12, but they
like RM -12 because it offers more opportunities than RS -12.
Martin asked why they want this rezoned before the Commission sees plans. Siders said they
need some assurance that the City is happy with that zoning.
Dyer asked why he says in his written statement that the setting isn't conducive or practical for
single family living yet there's single family living on that street now. Siders said on Dodge
Street Court there is, but with the shape of the subject lot the City wouldn't allow them to access
single family homes off Dodge Street. He said providing access via Dodge Street Court would
decrease substantially the number of single family lots.
Freerks asked about a cluster of townhouses. Siders said that's a decision the Commission can
make after they go through the design review committee, and townhouses are multi - family.
Freerks closed public discussion.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 10 of 16
Thomas moved to recommend approval of REZ13- 00020, a request to rezone
approximately 2.13 acres of land located east of Conklin Lane, southeast of Dodge Street
and west of Dodge Street Court from Community Commercial (CC -2) to Low Density
Multifamily (OPD -RM12) subject to the following conditions in the staff recommendation:
• A development plan, including a landscaping plan, building designs, and site plan
be approved by the Design Review Committee and be forwarded to the Planning
and Zoning Commission for review and approval to ensure compatibility with
adjacent residential properties;
• If development on this property has vehicular access to Dodge Street Court, the
developer shall install improvements needed to bring the street up to City
standards to the point of access (driveway location); and
• The applicant shall dedicate sufficient land along the entire property frontage to
widen the Dodge Street Court right -of -way to 50 feet.
• The applicant installs sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provides pedestrian connections from the development to the
sidewalk on Dodge Street;
• Development on the subject properties shall be designed to drain on -site storm
water away from Dodge Street Court.
Martin seconded.
Eastham said he's interested in the appearance of this development from Dodge Street as the
Commission has tried to keep in mind when considering developmental designs that Dodge
Street is a gateway to the city
Eastham moved to amend the first condition to add "and appearance from Dodge Street'
after "adjacent residential properties; ".
Dyer seconded.
A vote was taken and the motion to amend carried 6 -0.
Freerks asked Miklo if he thought a multi - family building is compatible and similar to, as the
Comprehensive Plan states, the existing housing in the area. Miklo said it depends on where it's
located on the property. He said his opinion is that it would be possible to put a smaller multi-
family building on Dodge Street but to be similar to what's across the street, duplexes or
townhouses would be appropriate.
Freerks said she can understand why people have concerns about this project, as she doesn't
think the subject property is appropriate for a thirty -two unit building or in tune with the
Comprehensive Plan. Miklo said he agrees that would not be in the spirit of the Comprehensive
Plan. He said a smaller apartment or some townhouses and duplexes could be compatible.
Freerks said that's why she thinks of RS -12 being better. She said if they approve RM -12 but
they don't know what will really occur because that can be a lot of different things. Miklo said the
Commission will see this again and will have an opportunity to judge it on its compatibility.
Eastham said he thinks the Comprehensive Plan does limit the type of buildings that are
appropriate for this parcel.
Planning and Zoning Commission
August 1, 2013 - Formal
Page 11 of 16
Thomas said he reads the language of the Comprehensive Plan being pretty clear that if it's to
be similar to the existing residential surrounding the property that would suggest single family
residential. He said the densities would be similar to RM -12 and RS -12 would be a more
appropriate starting point.
Freerks said she it's pushing it to have that parcel full of townhouses. She said she doesn't think
there are going to be single family homes on this lot. She said she thinks something a little more
dense is appropriate, but she's not sure that multi - family is what they are looking for.
Greenwood Hektoen advised the Commission to either withdraw the motion to approve and
make a motion to defer, or they can take it on faith that this conversation will guide the next
stage and approve it knowing that they have this conversation on the record.
Thomas moved to withdraw the motion on the floor.
Eastham concurred with the withdrawal.
Eastham moved to defer this item until the August 15th meeting.
Theobald seconded.
Freerks said they want to make sure that whatever comes forward and the Commission finalizes
is compatible with the Comprehensive Plan and multi - family structures might not be the best
choice, but perhaps there is a way to work it in with Dodge Street Court.
Thomas said he would encourage a good neighbor meeting.
Eastham said because there may not be access to Dodge Street Court from this development
perhaps it will necessitate some creativity to join the existing neighborhood with the new one.
A vote was taken and the motion to defer carried 6 -0.
Development Items:
SUB12- 00014: Discussion of an application submitted by Southgate Development
Company for a preliminary plat of Walden Wood Part 10, a 20 -lot, 4.29 -acre residential
subdivision located on Walden Road.
Ralston said this is the last remaining parcel of undeveloped land in the Walden Wood
subdivision. He said staff finds that the preliminary plat conforms to the RS -12 zoning that the
applicant currently has and meets the conditions of the Conditional Zoning Agreement, (CZA) by
having a configuration that clusters the units along Mormon Trek Boulevard and Walden Road;
providing no access onto Mormon Trek Boulevard; and has a provision of six visitor parking
spaces along the north side of the private drive. He said the Southwest District Plan indicates
that this area is appropriate for single family and duplex residential and specifically states that it
will "require careful design due to its topography conditions and the unusual shape and size of
the lot."
Area of
CITY OF IOWA CITY ON
200' area around the rezone area
zoning change
i
1425
J
Y
1128
1126
• Protest petition
200' area around the rezone area = 8.93 acres
20% of 200' area = 1.79 acre
Total area of protest properties within
200' of rezone property = 1.09
SITE LOCATION: North Dodge Street
Off'
j 01124
/ 331
REZ13 -00020
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA A C
GITY TY OFi041�',17Y
We, the undersigned, being the owners of property includ d in the proposed zoning change, or the owners of property
,vhich is located within two hundred feet of the exterior b undaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
This protest is signed and acknowledged with the intention
favorable vote of at least three - fourths of all the members
Code of Iowa.
Property Address:
Property Owner(s):
5;T-
that such rezoning shall not become effective except by the
f the council, all in accordance with Section 414.5 of the
C.
Ayjti � L, L,
N
By: I
: __,
INDIVIDUAL PROPERTY OWNER(S):
Cn "
N
t0
STATE OF IOWA )
JOHNSON COUNTY) ss:
rrj
This instrument was acknowledged before me on . a� l
7D ate) by
3
and
ChDA\1 I 0 -Au- t.S..0 �
(n c(s) of
individi*d property owner(s)).
TNESA YOUNG
ft%del Sant- Iowa
ammosim • 765675
Notary Publ fii—injWor the S to,IQA^W"Jan EX*"
AUTHORIZED RE, PRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on (Date) by _
(name(s) of person(s)) as (type of authority, such as officer, trustee) of
(name of property owner) .
Notary Public in and for the State of Iowa
Orig: Subd Folder 02/2013
Cc: CA — PCD - Council - Media File
PROTEST OF REZONING
G
TO: HONORABLE MAYOR AND CITY COUNCIL '
IOWA CITY, IOWA
CITY OF I0 PY,i CITY
We, the undersigned, being the owners of property inetuded in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three - fourths of all the members of the council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address:
Property
/")"3j oD6-E- 5-r C,7
YCf�1£
two a T 7"d
INDIVIDUAL PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on
o f1? ►' 1 �C� C� and
individual property owner(s)).
Notary
MAP, y L O U Er�2y
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mac,
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ate) by
(name(s) of
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and the State of Iowa Comb" i Tam
My 8om*"M E" 11 -L2,.1
AUTHORIZED REPRIESIENTATIE SIGNING FOR PROPERTY OWNER(S):
STA'T'E OF IOWA ) �
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on I (Date) by _
(name(s) of person(s)) as (type of authority, such as officer, trmtee) of
(name; of property owner) .
Notary Public in and for the State of Iowa
Orig: Subd Folder 02/2013
Cc: CA — PCD - Council - Media File
PROTEST OF 1RlEZONI[NcG /��
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
CITY OF I0PVA CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three- fotuths of all the members of the council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address: 116-3 PrrXl�)F 5-r, , 6 -T, - 1-c,-Le'/1 6-1 TL' j .1,,l
Property OOwner(s�):�
x''- -t F
INDIVIDUAL PROPERTY OWNER(S): Cl) -< N
-- -tC'j to
STATE OF IOWA ) _ rn -v
JOHNSON COUNTY) ss: o Zr
ibis instnunent was acknowledged before me on k .t_ ' <40 c �` (bite) b!
Vzu- and j- :> t ,
Ad (name(s) of
individual property owner(s)).
pr
roo-
m
m
0
tERESA Y0tlNG fr,
Notarial Seal - Iowa
the State I Oohssion 0 765675
omntitNoa Expiraa IS
AUTHORIZED RE' PRESlENTATIE SIGNING FbR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on i (Date) by _
(naule(s) of person(s)} as (type of authority, such as officer, trustee) of
(name of property owner) .
Notary Ijubli.c in and for the State of Iowa
Orig: Subd Polder 02/2013
Cc: CA - PCD - Council - Media File i
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL s
IOWA CITY, IOWA'`'
CITYOF10VUi CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of fine exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
Na- A), ropc-r�
--�T
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three - fourths of all the members of the
council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address: L�i �or► k�t� I'd C' n � 5'ZZYr
Property Owner( ):� L ote 4- CAr ir aL M c U9 y
_°
O� ss
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By:
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INDIVIDUAL PROPERTY O a R(S):
M
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STATE OF IOWA }
::
JOHNSON COUNTY) ss:
c�
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Ibis instrument was acknowledged before me on
(.Date) by
and
(naine(s) of
in n A ual property owners
Tmm votes
NOhA1t seal •town
Lc SFr
Notaxyt c ul Wd
-75
for etiij
4
AUTHORIZED RE' PRPSPNTATWE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on i (Date) by _
(name(s) of person(s)) as (type of authority, such as officer, trustee) of
(name of property owner) .
Notary ljubli.e in and for the State of Iowa
Orig: Subd Folder 02/2013
Cc: CA — PCD - Council - Media File
PROTEST OF REZONING �
[O: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA =°~
CITY OF 10 W4 CITY
vVe, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
.vhich is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
)roposed, do hereby protest the rezoning of the following property:
51f Crt
[his protest is signed` and a kn �ledged with the intention that such rezoning shall not become effective except by the
avorable vote of at least three- fourths of all the members of the council, all in accordance with Section 414.5 of the
ode of Iowa.
'roperty Address: 1 Ce, n VTin
N
C
O w
fiCl) �.
NDIVIDUAL PROPERTY OWNER(S):
1TATE OF IOWA )
' OHNSON COUNTY) ss: o
o,
his instrument was acknowledged before me on 1 �- � � � � �' � � (Date) by
and (name(s) of
ndividual property owner(s)).
TOM YOUNG
400 kd • ho
Ml► � 0 7A1i�75 � j ttv_�
Notary J�
AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
;TATE OF IOWA )
OHNSON COUNTY) ss:
'his instrument was acknowledged before me on
name(s) of person(s)) as
)rig: Subd Folder
'c: CA — PCD - Council - Media File
(Date) by
(type of authority, such as officer, trustee) of
(name of property owner) .
Notary Public in and for the State of Iowa
02/2013
PROTEST OF REZONING
CO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA'
CITY OF 10 PEA CITY
Ne, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
vhich is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
)roposed, do hereby protest the rezoning of the following property:
St
�s
i5�1�11'Tie-0—intention -�
Chis protest is signed and ac owledged that such rezoning shall not become effective except by the
avorable vote of at least three- fourths of all the members of the council, all in accordance with Section 414.5 of the
ode of Iowa.
'roperty Address:
'roperty Owner(s):
3y:
3y:
NDIVIDUAL PROPERTY OWNER(S):
'TATE OF IOWA )
OHNSON COUNTY) ss:
in
r his instrument was acknow dged before, me on
and
ndividual property owner(s)).
Notary
(q
10M V0"
AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
OHNSON COUNTY) ss:
'his instrument was acknowledged before me on
name(s) of person(s)) as
_ (Date) by
(name(s) of
/ A
(Date) by
(type of authority, such as officer, trustee) of
(name of property owner) .
Notary Public in and for the State of Iowa
)rig: Subd Folder 02/2013
1 c: CA - PCD - Council - Media File
N
d
C-)
p.
C
.
C
-.a
_ (Date) by
(name(s) of
/ A
(Date) by
(type of authority, such as officer, trustee) of
(name of property owner) .
Notary Public in and for the State of Iowa
)rig: Subd Folder 02/2013
1 c: CA - PCD - Council - Media File
PROTEST OF REZONING \
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA `
CITY 0FI 6VA CITY
We, the undersigned, being the owners of property indluded in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the properly for which the zoning change is
proposed, do hereby protest the rezoning of the follovAng property:
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three- fotuths of all the members of the council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address: nI l a yh
Property Owners)
By:
I3y:
INDIVIDUAL PROPERTY OWNER(S)*.
STATE OF IOWA )
JOHNSON COUNTY) ss:
0
n --C
Y
CZ M
d
7a
N
tD
a
Ibis instr rnent was acknowledged before me on �� D [� (.Date) by
and (name(s) of
individ ro tty owne s)).
rotary l?rtb ur and for the State of Iowa
AUTHORIZED RE' PR1ES1ENTATW E SIGNING FbR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on
(name(s) of person(s))
(Date) by
as (type of authority,
(name of property owner) .
Notary l!gbli.c in and for the State of Iowa
E
M
LAURA L 18WM
MOWW "a - Iowa
s765i74 2g J
M1► ConMtdsalon
such as officer, trustee) of
Orig: Subd Solder 02/2013
Cc: CA — PCD - Council - Media Pile
0
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H
Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 5219,V-5240
(REZ13- 00020) C7
ORDINANCE NO. 'v M
� 3
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRESE CA&D EP
OF DODGE STREET, NORTH OF CONKLIN L ND WEST OF DODGftTRE1T COURT
FROM COMMUNITY COMMERCIAL (CC -2) TO LOW D ITY MULTIFAMILY (RM -1e (REZ13-
00020)
WHEREAS, the owner, Sout gate Development Company, Inc.,
located east of Dodge Street, n rth of Conklin Lane and west of
Commercial (CC -2) to Low Densi Multifamily (RM -12); and
WHEREAS, the Comprehensi Plan - North District Plan indica
for the property if mixed use develo ent is not possible; and,
WHEREAS, the North District PI n indicates that the design of r
be compatible with the adjacent reside tial neighborhood; and,
WHEREAS, the Planning and Zoni Commission has revie d
that it complies with the Comprehensiv Plan provided that it e
neighborhood compatibility and building nd site design, ped stri
improvements to Dodge Street Court; and
requested a rezoning of property
ie Street Court from Community
that residential uses are appropriate
development on this property should
the proposed rezoning and determined
ets conditions addressing the need for
an access, stormwater drainage, and
WHEREAS, Iowa Code §414.5 (2011) rovides that th City of Iowa City may impose reasonable
conditions on granting an applicant's rezonin request, ove and above existing regulations, in order to
satisfy public needs caused by the requested c nge; and
WHEREAS, the applicant has agreed that th roperty all be developed in accordance with the terms
and conditions of the Conditional Zoning Agreeme t attach d hereto to ensure appropriate development in
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY T ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. Subject to the Conditional ning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified f o its current zoning designation of CC -2 to RM -12:
A PORTION OF LOT 3, /AORDING RICOR[YS SUBDIVISION, LYING IN THE
NORTHEAST ONE - QUARTER E SOUTH�EST ONE - QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, E 6 WEST F THE 5T" P.M., IOWA CITY,
JOHNSON COUNTY, IOWA TO T RECORDED PLAT THEREOF,
THE BOUNDARIES OF WHIC DESCRIBED A FOLLOWS:
AUDITOR'S PARCEL 20
COMMENCING AT THE NORTHWEST CORNER OF\THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO
Ordinance No.
Page 2
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 °00'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N88 004'36 "E,
ALONG SAID NORTHERLY LINE, 72.19 FEET; THENCE S00 °12'49 "W, 334.12 FEET
TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 3; THENCE S89 059'21 "W,
ALONG SAID SOUTHERLY LINE, 81.66 FEET; THENCE N01 014'32 "E, 10.00 FEET;
THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SOUTHERLY
EXTENSION OF THE EASTERLY LINE OF A TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT RECORDED IN BOOK 3 PAGE 955 IN SAID
RECORDER'S RECORDS; THENCE N00 °42'2 ALON SAID SOUTHERLY
EXTENDED LINE AND ALONG SAID EASTERL LINE, 106.01 FEET TO A POINT ON
SAID SOUTHEASTERLY RIGHT -OF -WAY LIN OF IOWA ST TE HIGHWAY NO. 1;
THENCE N57 002'22 "E, ALONG SAID SOUTH ASTERLY RIGH -OF -WAY LINE, 35.72
FEET TO THE POINT OF BEGINNING, COIF AINING 2.19 A ES AND IS SUBJECT
TO EASEMENTS AND RESTRICTIONS OF kCORD.
SECTION II. ZONING MAP. The building official
map of the City of Iowa City, Iowa, to conform to 1
publication of the ordinance as approved by law.
sign, and the City Clerk attest, the Conditional
City, following passage and approval of this Ordi
ereby authorized a d directed to change the zoning
amendment upo the final passage, approval and
The may is hereby authorized and directed to
eement etween the property owner(s) and the
SECTION IV. CERTIFICATION AND RECD DING. UpoyKpassage and approval of the Ordinance, the
City Clerk is hereby authorized and direcruirdinances y of this ordinance, and record the same in the
Office of the County Recorder, Johnson at the Owners expense, upon the final passage,
approval and publication of this ordina bylaw.
SECTION V. RE II ordinas of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any ion or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudicati ffect the validity of the Ordinance as a whole or any
section, provision or part thereof not adju ged invalid or unconstitutional.
SECTION VII. EFFECTIVE DAT This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
2013.
Q
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Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Southgate Development Company, Inc. (hereinafter "Owner ").
WHEREAS, Owner is the legal title holder of approxi ately 2.19 acres of property
located east of Dodge Street, north of Conklin Lane, and west of D dge Street Court; and
WHEREAS, the Owner has requested the rezoning of aid property from Community
Commercial (CC -2) to Low Density Mu tifamily (RM -12); and
WHEREAS, the Planning and oning Commission h determined that, with appropriate
conditions regarding neighborhood c mpatibility and buildi and site design, pedestrian access,
stormwater drainage, and improvements to Dodge Street Co , the requested zoning is consistent
with the Comprehensive Plan; and
WHEREAS, Iowa Code §414. (2011) provi s that the City of Iowa City may impose
reasonable conditions on granting an applicant's zoning request, over and above existing
regulations, in order to satisfy public ne ds caused y the requested change; and
WHEREAS, the Owner ackno edges that certain conditions and restrictions are
reasonable to ensure the development o the roperty is consistent with the Comprehensive
Plan and the need for compatibility with the u ounding neighborhood; and
�.1.,..
WHEREAS, the Owner agrees to develo his property in accordance with therms and
conditions of a Conditional Zoning Agreem nt.
NOW, THEREFORE, in consideration f the utual promises contained , Ve pim
agree as follows: h- . w
1. Southgate Development Co pany, Inc. is t e legal title holder of th %pe4 lego
described as: c;?
jr
LEGAL DESCRIPTION P,
A PORTION OF XOT 3, JACOB RICORD'S SUBDIVISION, LYING IN THE
NORTHEAST ON QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON
COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE
BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE
ppdadm/agt/rezl3 -00020 conditional zoning agreement.doc
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 °00'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOWA CITY, JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JOHNSON-C. ECORDER; THENCE N88 °04'36 "E,
ALONG SAID NORTHERLY LI 72.19 FEET; ENCE S00 012'49 "W, 334.12 FEET
TO A POINT ON THE SOU ERLY LINE OF S ID LOT 3; THENCE S89 °59'21 "W,
ALONG SAID SOUTHERL (64FEETTOAPOINT LINE, 81.66 FEET; T ENCE N01 °14'32 "E, 10.00 FEET;
THENCE S89 °59'21 "W, 3 N THE SOUTHERLY EXTENSION
OF THE EASTERLY LI OF A TRACT OF LA D SHOWN ON AN ACQUISITION
PLAT RECORDED IN B OK 3672 AT PAGE 955 N SAID RECORDER'S RECORDS;
THENCE N00 042'29 "E, LONG SAID SOUTHE LY EXTENDED LINE AND ALONG
SAID EASTERLY LINE 106.01 FEET TO A OINT ON SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE F IOWA STATE HIG WAY NO. 1; THENCE N57 002'22 "E,
ALONG SAID SOUTHE TERLY RIGHT -OF- AY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTA NING 2.19 ACRES ND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF REC RD.
2. The Owner acknowledges tat the City wi es to ensure conformance to the principles
of the Comprehensive Plan nd the North istrict plan. Further, the parties acknowledge
that Iowa Code §414.5 (2 11) provi s that the City of Iowa City may impose
reasonable conditions on gran ing an plicant's rezoning request, over and above the
existing regulations, in order to tisfy ublic needs caused by the requested change.
3. In consideration of the City's oning the subject property, Owner agree that
development of the subject prope will conform to all other requirements of the zoning
chapter, as well as the following on itions:
a. Development within 80 fe t of Do ge Street Court will be limited to single family,
duplex or townhouse styl dwelling u its;
b. A development plan, in uding a land Gaping plan, building designs, and site plan be
approved by the Desi n Review Com ittee and be forwarded to the Planning and
Zoning Commission or review and ap roval to ensure compatibility with adjacent
residential properti and appropriate in a earance for an entranceway to the city;
c. If development o this property has vehi ular access to Dodge Street Court, the
developer shall ' stall improvements needed o bring the street up to City staidards to
the point of ac ess (driveway location); and
d. The develop r shall dedicate sufficient land along the entire propert C*tavto
the Dodge treet Court right -of -way to 50 feet. ?} ----I "v ammo
e. The dev oper shall install sidewalks along the Conklin Lane and Sbet gTl1t
frontages, and provide pedestrian connections from the developme the side
on Dodge Street; r''}
f. Development on the subject properties shall be designed to drain o-e swm v
away from Dodge Street Court.
v
ppdadm/agt/rezl3 -00020 conditional zoning agreement.doc 2
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this a reement shall inure to the benefit of and bind
all successors, representatives, and assig�is of the parties.
7. The Owner acknowledge(s) that nothinV in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Ap licant from complying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditi nal Zoning Agreement shall be incorporated by
reference into the ordinance rezonin the subject property, and that up n adoption and
publication of the ordinance, this a reement shall be recorded in the ohnson County
Recorder's Office at the Applicant's xpense.
Dated
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKN
STATE OF IOWA )
) ss:
EMENT:
ppdadm/agt/rezl3 -00020 conditional zoning agreement.doc 3
2013.
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JOHNSON COUNTY )
This instrument was acknowledged before me on , 2011 by [name of
current mayor] and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
before me on
as
2011 by
of , Inc.
Notary Public in and for said County and State
(Starr
Title
On this day of \
Notary Public in and for said County, in said Stag
, to me known to be the
the within and foregoing instrument, and acknow
(his /her /their) voluntary act and deed.
p or Seal)
o C
Cn
Notary Public in and for the State of Iowa
My commission expires:
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
ppdadmlagVrezl3 -00020 conditional zoning agreement. doc 4
STATE OF IOWA
) ss:
JOHNSON COUNTY )
On this day of A.D. 20 before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
to me personally known,
did say that the person is
who being by me duly sworn,
(title) of
an that said instrument was signed on behalf of the
said limited liability company by au hority of its managers and the said
acknowledged the xecution of said instrument to be the voluntary
act and deed of said limited liability company by i voluntarily executed.
PARTNERSHIP ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , ,
and for the State of Iowa, personally apps
known, who being by me duly swor did say that the
an Iowa General /Limited Partnersh' , and that the instru
partnership by authority of the pa ers; and the partner al
instrument to be the voluntary act nd deed of the partnership
executed.
Nota Public in and for
My com ission a Tres:
State of Iowa
before mA, the undersigned, a Notary Public in
, to me personally
rson is one of the partners of
nt was signed on behalf of the
,iowledged the execution of the
I it, and by the partner voluntarily
t
Nota' Public in and for the State of Iowa
I
My commission expires:
ppdadm/agt/rez13 -00020 conditional zoning agreement.doc 5
..a
a
rn
CD
ppdadm/agt/rez13 -00020 conditional zoning agreement.doc 5
C?
Prepared by: Robert Miklo, Senior Planner, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240
(REZ13- 00020)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 2.19 ACRES LOCATED NORTH
OF DODGE STREET COURT, EAST OF CONKLIN,,LA_ffE,—AkD SOUTH OF DODGE STREET
FROM COMMUNITY COMMERCIAL (CC -2) TO LOW DENSITY LTIFAMILY (RM -12). (REZ13-
00020)
WHEREAS, the owner, Southgate Development C mpany, Inc., has r
located north of Dodge Street Court, east of Conklin Lane and south of
Commercial (CC -2) to Low Density Multifamily (RM -12); nd
WHEREAS, the Comprehensive Plan - North Distri Plan indicates th 1
for the property if mixed use development is not possible; and,
WHEREAS, the North District Plan indicates that the esign of any v,
be compatible with the adjacent residential neighborhood; nd,
WHEREAS, the Planning and Zoning Commission has reviewer
that it complies with the Comprehensive Plan provided th t it me
neighborhood compatibility and building and site design, edestr
improvements to Dodge Street Court; and
WHEREAS, Iowa Code §414.5 (2011) provides that the Ci
conditions on granting an applicant's rezoning request, over d
satisfy public needs caused by the requested change; and
WHEREAS, the applicant has agreed that the property sh I b
and conditions of the Conditional Zoning Agreement attache heret
this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COU
IOWA:
i a rezoning of property
Street from Community
residential uses are appropriate
nt on this property should
proposed rezoning and determined
conditions addressing the need for
access, stormwater drainage, and
of Iowa City may impose reasonable
above existing regulations, in order to
weloped in accordance with the terms
to ensure appropriate development in
OF THE CITY OF IOWA CITY,
SECTION I APPROVAL. Subject to the Conditional oning Agreement`ttached hereto and incorporated
herein, property described below is hereby reclassified omits current zonin_ designation of CC -2 to RM -12:
A PORTION OF LOT 3, JA9OB RICORD'S SUBDIVISI N, LYING IN THE
NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE -QUA TER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" ,,M., IOWA CITY,
JOHNSON COUNTY, IOWA ACCORDING TO THE RECORDED 0,LAT THEREOF,
THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 056'46 "E, 0.86 FEET TO
Ordinance No.
Page 2
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 °00'09 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG SAID SOUTHEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT ON THE NORTHERLY LINE OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOWA CITY,.JOHNSON COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THEREOF, RECORDED IN PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JOHNSON COUNTY ' CORDER; THENCE N88 °04'36 "E,
ALONG SAID NORTHE LLY LINE, 72.19 FEET; TH CE S00 °12'49 "W, 334.12 FEET
TO A POINT ON THE OUTHERLY LINE OF SAID OT 3; THENCE S89 °59'21 "W,
ALONG SAID SOUTHE LY LINE, 81.66 FEET; THEN E N01 °14'32 "E, 10.00 FEET;
THENCE S89 059'21" 324.64 FEET TO A POI T ON THE SOUTHERLY
EXTENSION OF THE ASTERLY LINE OF A TRACT OF LAND SHOWN ON AN
ACQUISITION PLAT ECORDED IN BOOK 3672 AT PAGE 955 IN SAID
RECORDER'S RECOR S; THENCE N00 °42'29 "E, LONG SAID SOUTHERLY
EXTENDED LINE AND AL NG SAID EASTERLY LINE, 06.01 FEET TO A POINT ON
SAID .SOUTHEASTERLY GHT -OF -WAY LINE OF 10 A STATE HIGHWAY NO. 1;
THENCE N57 002'22 "E, ALO G SAID SOUTHEASTERL RIGHT -OF -WAY LINE, 35.72
FEET TO THE POINT OF B INNING, CONTAINING .19 ACRES AND IS SUBJECT
TO EASEMENTS AND RESTR TIONS OF RECORD.
SECTION II. ZONING MAP. The building offs I is hereby
map of the City of Iowa City, Iowa, to conform to his amen
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEM T.
sign, and the City Clerk attest, the Conditional Zoning g
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. U
City Clerk is hereby authorized and directed to certify a c
Office of the County Recorder, Johnson County, Iowa, 1
iorized and directed to change the zoning
nt upon the final passage, approval and
Th mayor is hereby authorized and directed to
a9frient between the property owner(s) and the
passage and approval of the Ordinance, the
f this ordinance, and record the same in the
,Owner's expense, upon the final passage,
approval and publication of this ordinance, as pro;paof w.
SECTION V. REPEALER. All ordinances an ordina ces Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section or part o h invalid or unconstitutional, such adjudication shat the validi section, provision or part thereof not adjudged inv onstitutional.
SECTION VII. EFFECTIVE DATE. This O hall be in of
in conflict with the provisions of this
Ordinance shall be adjudged to be
of the Ordinance as a whole or any
and publication, as provided by law.
Passed and approved this day of 2013.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office % 1� 3
after its final passage, approval
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City.. ity, Iowa, a municipal corporation
(hereinafter "City "), Southgate Development Company, Inc. (he inafter "Owner ").
WHEREAS, Owner is the
located north of Dodge Street Cour
WHEREAS, the Owner
Commercial (CC -2) to Low Den
al title holder of approxim ely 2.19 acres of property
Est of Conklin Lane and south Dodge Street; and
; requested the rezoning of said property from Community
Multifamily (RM -12); and
WHEREAS, the Planning a d Zoning Commission has deter fined that, with appropriate
conditions regarding neighborhoo compatibility and building and si design, pedestrian access,
stormwater drainage, and improveme is to Dodge Street Court, the luested zoning is consistent
with the Comprehensive Plan; and
WHEREAS, Iowa Code §414. (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public nee ?4s caused by the requqfsted change; and
WHEREAS, the Owner acknowle ges that certailY conditions and restrictions are
reasonable to ensure the development of t e property is onsistent with the Comprehensive
Plan and the need for compatibility with the su ounding nei hborhood; and
WHEREAS, the Owner agrees to develop this yrope in accor dance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mmises contained herein, the parties
agree as follows:
1. Southgate Development Company, Inc. i,� the legal title holder of the property legally
described as: /
LEGAL DESCRIPTION
A PORTION OF LOT 3, JAQ'OB RICORD'S SUB VISION, LYING IN THE
NORTHEAST ONE - QUARTER OF THE SOUTHWEST ON QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON
COUNTY, IOWA ACCORDING TO THE RECORDED P T THEREOF, THE
BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE
ppdadm /agt /rez13 -00020 conditional zoning agreement.doc 1
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 000'09 "E, ALONG SAID SOUTH T -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG AID SOUTHEAST Y RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT O THE NORTHERLY LIN OF LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOW CITY, JOHNSON COUNTY, WA ACCORDING TO
THE RECORDED PLAT THE OF, RECORDED IN PLAT BO K 16 AT PAGE 34 IN
THE RECORDS OF THE JO NSON COUNTY RECORDER; HENCE N88 °04'36 "E,
ALONG SAID NORTHERLY L NE, 72.19 FEET; THENCE S00° 2'49 "W, 334.12 FEET
TO A POINT ON THE SOUT ERLY LINE OF SAID LOT 3; T ENCE S89 °59'21 "W,
ALONG SAID SOUTHERLY L NE, 81.66 FEET; THENCE N01 14'32 "E, 10.00 FEET;
THENCE S89 059'21 "W, 324.64 FEET TO A POINT ON THE SO THERLY EXTENSION
OF THE EASTERLY LINE OF A TRACT OF LAND SHOW ON AN ACQUISITION
PLAT RECORDED IN BOOK 3 72 AT PAGE 955 IN SAID R CORDER'S RECORDS;
THENCE N00 042'29 "E, ALONG SAID SOUTHERLY EXTE ED LINE AND ALONG
SAID EASTERLY LINE, 106.01 FEET TO A POINT ON SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE OF IOWA STATE HIGHWAY NO 1; THENCE N57 002'22 "E,
ALONG SAID SOUTHEASTERLY IGHT -OF -WAY LINE, 5.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.1 ACRES AND IS SU JECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the Cit wishes to en re conformance to the principles
of the Comprehensive Plan and the No h district pla . Further, the parties acknowledge
that Iowa Code §414.5 (2011) provi es that t City of Iowa City may impose
reasonable conditions on granting an ap licant's r zoning request, over and above the
existing regulations, in order to satisfy pub nee caused by the requested change.
3. In consideration of the City's rezoning Xn subject property, Owner agree that
development of the subject property will con to all other requirements of the zoning
chapter, as well as the following conditions:
a. Development within 80 feet of Dodge Street Court will be limited to single family,
duplex or townhouse style dwelling Fittee s;
b. Approval of a development plan, in ding a Ian scaping plan, building designs, and
site plan by the Design Review Co and th Planning and Zoning Commission,
to ensure compatibility with djacent residen 'al properties and appropriate
development appearance for entranceway to th city, shall be required prior to
approval of a building permit;
c. If development on this pro e has vehicular acces to Dodge Street Court, the
developer shall install improvements needed to bring the reet up to City standards to
the point of access (driveway location) prior to issuance of a uilding permit; and
d. Owner shall dedicate sufficient land along the entire prope frontage to widen the
Dodge Street Court right -of -way to 50 feet prior to approval of site plan or building
permit.
e. Owner shall install sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provide pedestrian connections from the development to the sidewalk
on Dodge Street prior to issuance of a certificate of occupancy;
ppdadm /agt 1rez13 -00020 conditional zoning agreement.doc 2
f. Development on the subject properties shall be designed to drain on -site storm water
away from Dodge Street Court. The City Engineer shall review and approve the
drainage plan prior to approval of a site plan or building permit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the nt the subje t property is transferred,
sold, redeveloped, or subdivided, all rede opment will confo with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Co ditional Zoning Agreement shall be deemed to be
a covenant running with the land anq with title to the land, ands iall remain in full force
and effect as a covenant with title t the land, unless or until rel ased of record by the
City of Iowa City.
The parties further acknowledge thatIthis agreement shall inure t� the benefit of and bind
all successors, representatives, and ssigns of the parties.
7. The Owner acknowledge(s) that not ing in this Conditional Z ning Agreement shall be
construed to relieve the Owner or plicant from complyind with all other applicable
local, state, and federal regulations.
8. The parties agree that this Condition I Zoning Agreem nt shall be incorporated by
reference into the ordinance rezoning t subject propert , and that upon adoption and
publication of the ordinance, this agree ent shall be 7borded i n the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of V013.
CITY OF IOWA CITY
Matthew Hayek, Mayor
Attest:
Marian K. Karr, City Clerk / By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
ppdadm /agt /rez13 -00020 conditional zoning agreement doc 3
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2011 by [name of
current mayor] and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
ry Public in and for tl% State of Iowa
(Stamp or Sea[)
Title (and Rank)
CORPORATE ACKNOWLEDGEME
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledge4 before me on / , 2011 by
of , Inc.
Notary Public/in and for said County and State
tamp or eal)
Ti e (a Rank)
INDIVIDUAL ACKNOWLEDGEMENT:
STATE OF IOWA )
)ss-.
JOHNSON COUNTY )
On this day of 20 before me, the undersigned, a
Notary Public in and for said Co/,and aid State, per nally appeared
to me o be the identic I persons named in and who executed
the within and foregoing instrum acknowledged t at (he /she /they) executed the same as
(his /her /their) voluntary act and
Notary Public in anti for the State of Iowa
My commission expires:
ppdadm /agt /rez13 -00020 conditional zoning agreement.doc 4
LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of A.D. 20 . --
Public in and fob the State of
to me persona
did say that the person is
and that said
said limited liability corrlpany by authority
acknowledged the executio
act and deed of said limited liability company by it volun i
PARTNERSHIP ACKNOWLEDGEMENT:
STATE OF IOWA )
ss: /JOHNSON COUNTY )
before me, the undersigned, a Notary
Iowa, personally appeared
y known, who being by me duly sworn,
(title) of
nstrument was signed on behalf of the
its managers and the said
of said instrument to be the voluntary
v executed.
Notary,Public in and for the State of Iowa
My commission expires:
On this day of 20_, before me, the undersigned, a Notary Public in
and for the State of Iowa, pers ally appeared
known, who being by m my sworn, did say t at
an Iowa General /Limited Partnership, and that t e
partnership by authority of the partners; and the
instrument to be the voluntary act and deed of the part
executed.
, to me personally
the person is one of the partners of
instrument was signed on behalf of the
rt
ner acknowledged the execution of the
ership by it, and by the partner voluntarily
Notary Public in\�nd for the State of Iowa
My commission expires:
ppdadm /agt/rezl3 -00020 conditional zoning agreement.doc 5
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5230 (REZ13- 00020)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), Southgate Development Corryyar yq, Inc. (hereinafter "Owner ").
WHEREAS, Owner is the legal title/holder f approximately 2.19 acres of property
located north of Dodge Street Court, east of onklin La 0e and south of Dodge Street; and
WHEREAS, the Owner has requested the rezoning of said property from Community
Commercial (CC -2) to Low Density Multif mily (RM -1 ); and
WHEREAS, the Planning and Zoni g Co mmi sion has determined that, with appropriate
conditions regarding neighborhood comp tibility and building and site design, pedestrian access,
stormwater drainage, and improvements to odge Stre t Court, the requested zoning is consistent
with the Comprehensive Plan; and
WHEREAS, Iowa Code §414.5 (20 1) pro ides that the City of Iowa City may impose
reasonable conditions on granting an appli ant rezoning request, over and above existing
regulations, in order to satisfy public needs ca4ej by the requested change; and
WHEREAS, the Owner acknowledges
reasonable to ensure the development of the
Plan and the need for compatibility with the surrS
WHEREAS, the Owner agrees to develop
conditions of a Conditional Zoning Agreemer
certain conditions and restrictions are
ty is consistent with the Comprehensive
g neighborhood; and
proploy in accordance with the terms and
NOW, THEREFORE, in consideration /y, a mutual pro \tit contained herein, the parties
agree as follows:
1. Southgate Development Compnc. is the legholder of the property legally
described as:
LEGAL DESCRIPTION
A PORTION OF LOT 31, JACOB RICORD'S SUBDIVISION, LYING IN THE
NORTHEAST ONE - QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION
2, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., IOWA CITY, JOHNSON
COUNTY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, THE
BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
AUDITOR'S PARCEL 2005024
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST ONE -
QUARTER OF THE SOUTHWEST ONE - QUARTER OF SECTION 2, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY,
JOHNSON COUNTY, IOWA; THENCE S00 °35'41 "W, 526.30 FEET; THENCE
ppdadm /agt /rezl3 -00020 conditional zoning agreement.doc 1
N89 056'46 "E, 45.47 FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND
SHOWN ON AN ACQUISITION PLAT RECORDED IN BOOK 3672 AT PAGE 954 IN
THE RECORDS OF THE JOHNSON COUNTY RECORDER AND THE POINT OF
BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF
IOWA STATE HIGHWAY NO. 1; THENCE CONTINUING N89 °56'46 "E, 0.86 FEET TO
A 1 INCH PIPE ON SAID SOUTHEASTERLY RIGHT -OF -WAY LINE; THENCE
N57 000'09 "E, ALONG SAID SOUTHE RLY RIGHT -OF -WAY LINE, 235.37 FEET;
THENCE N57 013'00 "E, ALONG D SO HEASTERLY RIGHT -OF -WAY LINE,
125.69 FEET TO A POINT O THE NORT RLY LINE OF ,LOT 3 OF JACOB
RICORD'S SUBDIVISION, IOW CITY, JOHNSO COUNTY, IOWA ACCORDING TO
THE RECORDED PLAT THE OF, RECORDED PLAT BOOK 16 AT PAGE 34 IN
THE RECORDS OF THE JO NSON COUNTY R CORDER; THENCE N88 °04'36 "E,
ALONG SAID NORTHERLY INE, 72.19 FEET; T ENCE S00 012'49 "W, 334.12 FEET
TO A POINT ON THE SOU HERLY LINE OF S D LOT 3; THENCE S89 °59'21 "W,
ALONG SAID SOUTHERLY INE, 81.66 FEET; T ENCE N01 014'32 "E, 10.00 FEET;
THENCE S89 °59'21 "W, 324. FEET TO A POINT N THE SOUTHERLY EXTENSION
OF THE EASTERLY LINE F A TRACT OF LA D SHOWN ON AN ACQUISITION
PLAT RECORDED IN BOOK 672 AT PAGE 95 IN SAID RECORDER'S RECORDS;
THENCE N00 042'29 "E, ALO G SAID SOUTH LY EXTENDED LINE AND ALONG
SAID EASTERLY LINE, 106. 1 FEET TO A OINT ON SAID SOUTHEASTERLY
RIGHT -OF -WAY LINE OF 10 A STATE HI HWAY NO. 1; THENCE N57 °02'22 "E,
ALONG SAID SOUTHEASTER Y RIGHT -OF AY LINE, 35.72 FEET TO THE POINT
OF BEGINNING, CONTAINING 2.19 ACRES AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that thk City wi hes to ensure conformance to the principles
of the Comprehensive Plan and th Nort district plan. Further, the parties acknowledge
that Iowa Code §414.5 (2011) ovi 1plicant's s that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy ublic needs caused by the requested change.
3. In consideration of the City's re n g the subject property, Owner agree that
development of the subject property will onform to all other requirements of the zoning
chapter, as well as the following co ditions.
a. Development within 80 feet Dodge Street Court will be limited to single family,
duplex or townhouse style dw Iling units;
b. Approval of a development Ian, including landscaping plan, building designs, and
site plan by the Design Re ew Committee an the Planning and Zoning Commission,
to ensure compatibility with adjacent re s' ential properties and appropriate
development appearanc for an entranceway the city, shall be required prior to
approval of a building permit;
c. If development on this property has vehicular a cess to Dodge Street Court, the
developer shall install improvements needed to brin the street up to City standards to
the point of access (driveway location) prior to issuan of a building permit; and
d. Owner shall dedicate sufficient land along the entire property frontage to widen the
Dodge Street Court right -of -way to 50 feet prior to approval of site plan or building
permit.
e. Owner shall install sidewalks along the Conklin Lane and Dodge Street Court
frontages, and provide pedestrian connections from the development to the sidewalk
on Dodge Street prior to issuance of a certificate of occupancy-,
ppdadm /agt /rez13 -00020 conditional zoning agreement.doc 2
f. Development on the subject properties shall be designed to drain on -site storm water
away from Dodge Street Court. The City Engineer shall review and approve the
drainage plan prior to approval of a site plan or building permit.
4. The Owner and City acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code §414.5 (2011), and that said
conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner and City acknowledge that in the event the subject property is transferred,
sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this
Conditional Zoning Agreement.
6. The parties acknowledge that this Condit' nal Zoning reement shall be deemed to be
a covenant running with the land and wit title to the la dtntil and shall remain in full force
and effect as a covenant with title to th land, unless released of record by the
City of Iowa City.
The parties further acknowledge that th agreement shal� inure to the benefit of and bind
all successors, representatives, and as igns of the pantie .
7. The Owner acknowledge(s) that nothirip in this Conditi nal Zoning Agreement shall be
construed to relieve the Owner or Ap licant from co plying with all other applicable
local, state, and federal regulations.
8. The parties agree that this Conditional \,Zoning A reement shall be incorporated by
reference into the ordinance rezoning the'�,ubject roperty, and that upon adoption and
publication of the ordinance, this agreeme? t sh be recorded in the Johnson County
Recorder's Office at the Owner's expense.
Dated this day of :413.
CITY OF IOWA CITY \\\
Matthew Hayek, Mayor ,i By:
Attest:
Marian K. Karr, City Clerk By:
Approved by:
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
ppdadm /agt /rez13 -00020 conditional zoning agreement.doc 3
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2011 by [name of
current mayor] and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank
CORPORATE ACKNOWLED ME T:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before rye on
2011 by
of , Inc.
ary Public in and for said County and State
t p or Seal)
Title'( d Rank)
INDIVIDUAL ACK/DGE EMENT -
STATE OF IOWA JOHNSON COUNOn this 20
Notary Public in anounty, in said State, personally
e known to be the identical per
the within and forement, and acknowledged that (his /her /their) volun deed.
before me, the undersigned, a
eared
namea in ana wno executea
(thev) executed the same as
Notary Public in and for the State of Iowa
My commission expires:
ppdadm /agt /rez13 -00020 conditional zoning agreement.doc 4
so
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Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 14: ZONING TO ALLOW ADDITIONAL BUILDING HEIGHT
AND FLOOR AREA, ALTERNATIVE GROUND FLOOR TRANSPARENCY AND BUILDING
ARTICULATION STANDARDS, AND LOWER PARKING REQUIREMENTS FOR PROPERTIES
ZONED CENTRAL BUSINESS SUPPORT (CB -2) THAT ARE LOCATED IN THE RIVERFRONT
CROSSINGS DISTRICT.
WHEREAS, the adopted Downtown and Riverfront Crossings Master Plan acknowledges that the
South Downtown Subdistrict of Riverfront Crossings will be the most urban district outside of
Downtown Iowa City and larger scale buildings are encouraged and anticipated; and
WHEREAS, the Master Plan states that residential and office uses should predominate in the
South Downtown Subdistrict, which will complement and support the Downtown retail core; and
WHEREAS, the current CB -2 Zone is intended for areas peripheral to the Downtown and allows
such uses as drive - through banking facilities that are designed to fit into an urban context; and
WHEREAS, the height and FAR limit, ground level fenestration standards, and building
articulation standards that currently apply in the CB -2 Zone are based on the building scale
anticipated in the more historic mainstreet portions of Downtown Iowa City and the Northside
Marketplace, but are not consistent with the vision for new buildings in the South Downtown
Subdistrict of Riverfront Crossings; and
WHEREAS, to accommodate larger -scale buildings of a more modern design consistent with the
vision in the Riverfront Crossings Master Plan, it is in the best interests of the City to allow for
additional building height and floor area, alternative minimum fenestration standards, building
articulation standards, and lower parking requirements for property zoned CB -2 that is located in the
Riverfront Crossings District; and
WHEREAS, the Planning and Zoning Commission reviewed this ordinance amendment and
recommends approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. Amend Section 14 -2C -8, Central Business Site Development Standards, by adding a new
subsection R, as set forth below:
R. Alternative Dimensional and Site Development Standards for CB -2 Properties in the
Riverfront Crossings District
As envisioned in the Downtown and Riverfront Crossings Master Plan, properties zoned
CB -2 that are located in the Riverfront Crossings District shall be allowed additional
building height and floor area, and alternative minimum fenestration standards, building
articulation standards, and lower parking requirements as set forth below.
1. Maximum building height: 6 stories, not to exceed 85 ft.
2. Maximum FAR: 5
3. Along any building fagade that faces a primary street, as designated in the adopted
Downtown & Riverfront Crossings Master Plan, 70% of the ground level building facade
must be comprised of transparent windows and doors (with no more than 10% daylight
reduction).
4. Along any building fagade that faces a street that is not designated a primary street in
the adopted Downtown & Riverfront Crossings Master Plan, a minimum of 40% of the
Ordinance No.
Page 2
ground level building fagade must be comprised of transparent windows and doors
(with no more than 10% daylight reduction).
5. Alternative building articulation methods may be allowed by Design Review to
accommodate midrise and high rise buildings that have a more contemporary
architectural style, provided the building is designed in a manner that provides a similar
or greater level of visual interest or relief as would be achieved under subsection 14-
2C -8O, Building Articulation. Design Review may consider elements that provide visual
interest or relief, such as variations in building materials, glazing or window patterns;
extensive building transparency that allows for exceptional daylighting of interior spaces
and views into the interior of the building; canopies or awnings; entranceway features;
unique signage, artwork, or other architectural features.
6. Private, off - street parking shall be required at the same ratios as required in the CB -10
Zone, as specified in Table 5A -1.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of 12013.
ATTEST:
MAYOR CITY CLERK
ApZ roved by:
" Ailn � 4= , ,
City Attorney's Office a7 /13
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 9117/2013
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens,
Dobyns. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
c_
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -VI1
ORDINANCE NO. C:1 oon
AN ORDINANCE AMENDING TITLE 14: ZONING TO ALLOW ADDITIONAL 6VtDI& H IFGHT
AND FLOOR AREA, ALTERNATIVE GROUND FLOOR TRANS PARENCYiRID UILFNG
ARTICULATION STANDARDS, AND LOWER PARKING REQUIREMENTS PROPE� S
ZONED CENTRAL BUSINESS SUPPORT (CB -2) THAT AR TED IN IVRRFROIVT
CROSSINGS DISTRICT. J�p ._
WHEREAS, the adopted Downtown and Riverfront Cro ings Mast r Plan acknowled5es that the
South Downtown Subdistrict of Riverfront Crossings I be the m st urban district outside of
Downtown Iowa City and larger scale buildings are enco aged and a icipated; and
WHEREAS, the Master Plan states that residential and office es should predominate in the
South Downtown Subdistrict, which will complement and support the owntown retail core; and
WHEREAS, the current CB -2 Zone is intended for reas perip eral to the Downtown and allows
such uses as drive - through banking facilities that are de igned to f' into an urban context; and
WHEREAS, the height and FAR limit, ground level fie estration standards, and building
articulation standards that currently apply in the C rti 2 Zon are based on the building scale
anticipated in the more historic mainstreet poi f Do ntown Iowa City and the Northside
Marketplace, but are not consistent with the vision or w buildings in 'the South Downtown
Subdistrict of Riverfront Crossings; and
WHEREAS, to accommodate larger -scale buildings f more modern design consistent with the
vision in the Riverfront Crossings Master Plan, it is in a best interests of the City to allow for
additional building height and floor area, alternative inimum fenestration standards, building
articulation standards, and lower parking requirements f r roperty zoned CB -2 that is located in the
Riverfront Crossings District; and
WHEREAS, the Planning and Zoning Commiss' n r viewed this ordinance amendment and
recommends approval.
NOW, THEREFORE, BE IT ORDAINED BY THE ITY CO NCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of t City of to a City, Iowa is hereby amended as
follows:
A. Amend Section 14 -2C -8, Central Businq�s Site Develop�ent Standards, by adding a new
subsection R, as set forth below: /
R. Alternative Dimensional and Sit Development Stand rds for CB -2 Properties in the
Riverfront Crossings District
As envisioned in the Downtown and Riverfront Crossings Master Plan, properties zoned
CB -2 that are located in the iverfront Crossings DI ' t shall be allowed additional
building height and floor area, and alternative minimum fenestration standards, building
articulation standards, and lower parking requirements as set forth below.
1. Maximum building height: 6 stories, not to exceed 85 ft.
2. Maximum FAR: 5
3. Along any building facade that faces a primary street, as designated in the adopted
Downtown & Riverfront Crossings Master Plan, 70% of the ground level building facade
must be comprised of transparent windows and doors (with no more than 10% daylight
reduction).
4. Along any building facade that faces a street that is not designated a primary street in
the adopted Downtown & Riverfront Crossings Master. Plan, a minimum of 40% of the
Ordinance No.
Page 2
ground level building fagade must be comprised of transparent windows and doors
(with no more than 10% daylight reduction).
5. Alternative building articulation methods may be allowed by Design Review to
accommodate midrise and high rise buildings that have a more contemporary
architectural style, provided the building is designed in a manner that provides a similar
or greater level of visual interest or relief as would be achieved under subsection 14-
2C-80, Building Articulation. Design Review may consider elements that provide visual
interest or relief, such as variations in building materials, gl ' or window patterns;
extensive building transparency that allows for exception daylighting of interior spaces
and views into the interior of the building; canopies or nings; entranceway features;
unique signage, artwork, or other architectural featur .
6. Private, off - street parking shall be required at the sa a ratios as require in the CB -10
Zone, as specified in Table 5A -1.
SECTION II. REPEALER. All ordinances and parts of or inances in conflict w h the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provi on or part of the rdinance shall be
adjudged to be invalid or unconstitutional, such adjudica ion shall not affec the validity of the
Ordinance as a whole or any section, provision or part t ereof not adjudge invalid or unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effe after its final passage,
approval and publication, as provided by law.
Passed and approved this day of _'2
ATTEST:
MAYOR
by:
City Attorney's OfficVa7 /
CITY CLERK
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CITY OF IOWA CITY
MEMORANDUM
Date: August 15, 2013
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
Re: Proposed Midwest One Bank building in the Riverfront Crossings District— zoning issues
Background
Midwest One Bank is currently designing a new Class A office building that will be located at the
southeast corner of Clinton and Harrison Streets on the site of the former Sabin school parking
lot. This new building will replace the former Midwest Bank building that was located on property
near the corner of Burlington and Clinton, which was purchased by the University of Iowa to
make room for construction of the new University of Iowa School of Music. The property
formerly owned by the Iowa City Community School District was rezoned from Public (P -1) to
Central Business Support (CB -2), so the Sabin building could be converted by Midwest One into
offices and a drive - through bank, which will serve as their temporary location until the new office
building is constructed at the SE corner of Clinton and Harrison Streets. The new office building
will provide space for Midwest One Bank mortgage operations and also two additional floors of
office space that will be leased to other businesses. The building will achieve minimum LEED
Gold certification. (See attached conceptual drawings of the proposed building).
Midwest One originally anticipated starting construction of the new building in spring 2014, at
which time the new zoning provisions for Riverfront Crossings are expected to be in place.
Midwest One is now projecting an earlier start date and would like to begin the process of
zoning and building permit approvals as soon as possible. In order to accommodate the earlier
start date, some zoning code amendments will be necessary to allow the larger building they
are planning for this site. In addition, there are some design aspects that are unique to this
building that meet the vision for the Riverfront Crossings District, but will not meet the Central
Business Site Development standards as currently written.
Analysis
The property at the southeast corner of the intersection of Clinton and Harrison Streets is the
only property in the Riverfront Crossings District that is zoned CB -2. When it was rezoned from
P -1, the CB -2 Zone was chosen as the appropriate zone due to its location peripheral to the
central business district in an area that could accommodate an urban drive - through facility for
the bank. The CB -2 Zone is the only central business zone that allows drive - through facilities
and the Board of Adjustment has already reviewed and approved the location and design of the
proposed drive - through for the new building.
The adopted Downtown and Riverfront Crossings Master Plan acknowledges that the South
Downtown Subdistrict of Riverfront Crossings will be the most urban district outside of
Downtown Iowa City. Larger -scale buildings are anticipated. The Plan states that residential
and office uses should predominate, which will complement and support the Downtown retail
core.
August 9, 2013
Page 2
While the CB -2 Zone allows the bank to establish a drive - through facility, there are several
dimensional and site development standards that apply in the CB -2 Zone that will present a
problem for redevelopment of the property at Clinton and Harrison:
The building height and FAR allowances in the CB -2 Zone are lower than what is
planned in the South Downtown District of Riverfront Crossings. The maximum height in
the CB -2 Zone is 45 feet and the maximum FAR is 2. Midwest One Bank is proposing a
6 -story office building that will be approximately 83 feet tall with an FAR of approximately
4.2, which is consistent with the Riverfront Crossings Plan.
Ground level fenestration requirements in the zoning code for the central business zones
are intended to create transparent frontages with large storefront windows and inviting
entries that are ideal for retail and restaurants and to prevent blank walls that would
interrupt the pedestrian- oriented character in Downtown Iowa City and Northside
Marketplace. However, these fenestration standards present challenges for buildings
that have ground level offices for which privacy is a consideration. With regard to the
proposed office building, Clinton Street is anticipated to be the primary pedestrian
corridor between Downtown and the future Riverfront Park. In contrast, Harrison Street
is considered a secondary street that is appropriate for access to parking, drive - through
facilities and less active building frontages. In contrast to Downtown where all streets are
considered primary retail frontages, the Riverfront Crossings zoning code will
accommodate different commercial frontage conditions for primary and secondary
streets.
The building articulation standards that apply to the central business zones are intended
to prevent visually monotonous facades that do not fit into the historic mainstreet
character of Downtown Iowa City and the Northside Marketplace. Building articulation
standards will also be important for redeveloping areas within Riverfront Crossings to
break down the scale of larger buildings and to ensure that building facades are
designed to provide visual interest and a more human -scale to create the type of
pedestrian- oriented neighborhood envisioned. However, other methods of providing this
articulation and visual interest may be appropriate in redeveloping areas of Riverfront
Crossings, where new buildings will not have to fit into the historic storefront patterns
present in Downtown and the Northside Marketplace.
Parking requirements for commercial uses in the CB -2 Zone are the same as apply in
commercial areas outside the downtown area (e.g. CC -2, CI -1, CH -1). Staff is currently
reviewing parking policies and requirements in the central part of the city, including
Downtown, the Northside Marketplace, and Riverfront Crossings and will be
recommending changes in the near future to respond to changes in demand for both
private and public parking facilities as redevelopment occurs. Midwest One is
coordinating with the City so that the parking needs for the new office building will be
accommodated in a new parking structure planned on the adjacent site. Therefore, no
off - street parking will be provided on the property at Clinton and Harrison.
Recommendations
To accommodate the proposed Class A office building that will be located at the corner of
Clinton and Harrison Streets and create consistency with the vision in the Riverfront Crossings
Plan, staff recommends amending the Zoning Code to allow for additional building height and
floor area, and alternative minimum fenestration standards, building articulation standards, and
lower parking requirements for property zoned CB -2 that is located in the Riverfront Crossings
District as set forth on the following page.
August 9, 2013
Page 3
Amend Section 14 -2C -8, Central Business Site Development Standards, by adding a new
subsection R, as set forth below.
R. Alternative Dimensional and Site Development Standards in the Riverfront Crossings
District
As envisioned in the Downtown and Riverfront Crossings Master Plan, properties zoned CB-
2 that are located in the Riverfront Crossings District shall be allowed additional building
height and floor area, and alternative minimum fenestration standards, building articulation
standards, and lower parking requirements as set forth below.
1. Maximum building height: 6 stories, not to exceed 85 ft.
2. Maximum FAR: 5
3. Along any building facade that faces a primary street, as designated in the adopted
Downtown & Riverfront Crossings Master Plan, 70% of the ground level building facade
must be comprised of transparent windows and doors (with no more than 10% daylight
reduction).
4. Along any building facade that faces a street that is not designated a primary street in
the adopted Downtown & Riverfront Crossings Master Plan, a minimum of 40% of the
ground level building facade must be comprised of transparent windows and doors (with
no more than 10% daylight reduction).
5. Alternative building articulation methods may be allowed by Design Review to
accommodate midrise and high rise buildings that have a more contemporary
architectural style, provided the building is designed in a manner that provides a similar
or greater level of visual interest or relief as would be achieved under subsection 14 -2C-
80, Building Articulation. Design Review may consider elements that provide visual
interest or relief, such as variations in building materials, glazing or window patterns;
extensive building transparency that allows for exceptional daylighting of interior spaces
and views into the interior of the building; canopies or awnings; entranceway features;
unique signage, artwork, or other architectural features.
6. Private, off - street parking shall be required at the same ratios as required in the CB -10
Zone, as specified in Table 5A -1.
Approved by: = S
Robert Miklo, Senior Planner
Department of Planning and Community Development
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Planning and Zoning Commission
August 15, 2013 - Formal
Page 8 of 12
Theobald said she said she has concerns about the density and the compatibility with the
existing housing.
Freerks said she thinks having townhouses adjacent to the subject property has potential to
blend in. She said she agrees with Thomas's comments about quality, because this is a
gateway and she wants what takes place there to create a welcoming and pleasant
environment.
Dyer said she supports it also. She said it was a good idea to eliminate access on Dodge Street
Court and Conklin Lane, although making a left turn onto Dodge Street is difficult and you will
have two of those turns fairly close together. Miklo clarified that his approval would not
necessarily eliminate it but would make it unlikely.
Swygard said she would encourage that the next step involve the neighbors as much as
possible in the design and the use of screening and she would the applicant to keep in mind that
the proper landscaping can make the neighborhood feel less encroached upon.
A vote was taken and the motion carried 6 -1 with Theobald opposed.
Zoning Code Amendment:
Discussion of an amendment to Title 14: Zoning, to allow additional building height and
floor area, and alternative ground floor transparency and building articulation standards
for properties zoned Central Business Support (CB -2) that are located in the Riverfront
Crossings District.
Howard explained that MidWestOne Bank is designing a new office building that will be located
at the corner of Clinton and Harrison Streets on the site of the former Sabin School parking lot.
She said the proposed building will replace the former MidWestOne building torn down at the
corner of Burlington and Clinton Streets for the new music school. She said the parking lot was
rezoned when the property was transferred to MidWestOne to Central Business Support (CB -2).
It was zoned CB -2 because this zone allows drive - through facilities, and the bank wanted to
retain that function.
Howard said when the CB -2 zone was chosen it was recognized that eventually this zoning
designation would be replaced with the anticipated form -based code for Riverfront Crossings.
Howard said the staff expected the Riverfront Crossings Code to be in place by the time the
building was built, but MidWestOne Bank wants to start construction sooner than originally
anticipated, so they have asked staff what kinds of zoning issues they would have if they want
to start this fall. Midwest One is proposing a 6 -story office building. She said the proposed
building would be consistent with the Riverfront Crossings Plan in that taller, larger buildings are
anticipated in that area. She said this is the only property zoned CB -2 south of Burlington Street,
so the proposed zoning code amendment would only apply to this particular property. Howard
emphasized that this amendment is an interim zoning solution and will only affect this property.
She said in this case they anticipate that the CB -2 zoning of the property will be replaced when
the form -based Code is adopted.
Howard said the zoning issues staff identified are that the proposed building exceeds the
maximum FAR and building height for the current CB -2 zone. In addition, the Harrison Street
facade does not meet the ground -level storefront window standard that applies in the Central
Business Zones. She noted that most of the central business district, retail and restaurants are
the intended predominant uses so the storefront transparency requirements are very important.
Planning and Zoning Commission
August 15, 2013 - Formal
Page 9 of 12
In this case, the entire building is an office building and has office space on the first floor where
privacy is more of a consideration. She said in the Riverfront Crossings Plan there are primary
and secondary streets identified. Primary streets will have the highest standard for first floor
transparency and secondary streets will have a lower requirement. For the Midwest One
property, Harrison Street is the secondary street and Clinton is the primary street. She said the
MidWestOne Bank building plan is consistent with the window standards anticipated in the
Riverfront Crossings District for these two streets.
Greenwood Hektoen asked if when the Riverfront Crossings Code is proposed would it create a
non - conforming situation. Howard said there is no guarantee, because the code has not been
adopted yet, but staff is relying on the work in progress and the plan itself that's been adopted
already. Miklo said it's consistent with the working draft of the Riverfront Crossings Code.
Swygard asked staff to define mid -rise and high -rise buildings. Howard said they don't have a
particular definition of those terms in the Zoning Code. She said high -rise buildings tend to be
taller than the right -of -way is wide.
Miklo said the right of way in this case is 80 feet on Harrison and 100 feet on Clinton.
Dyer asked if this neighborhood is likely to be rezoned in the manner they are proposing for this
proposed building. Howard said it would. Howard said in the form based code it will be mixed
use, which is a bit more flexible and allows residential uses along the same frontages as
commercial uses. Dyer said the new building on the pedestrian mall isn't very appealing, but the
worst thing about it is that on the east side there is brick straight up. She said the other building
that didn't take into account the neighbors is the Oaknoll addition, where the back of the building
is just a wall of plain ugly. She said she'd like to see the expectation that building walls that will
be visible from all four directions will be reviewed accordingly.
Howard said she has elevations of what all four sides of this building will consist of. She said all
four sides in this case will be largely glass, although of varying transparency.
Freerks noted, and Dyer agreed, that Dyer's comments were directed toward the future and for
Riverfront Crossings in general. She said she has to agree. She thinks perhaps there was
another way to design the building on the pedestrian mall so the elevator shaft and other
mechanical equipment didn't necessitate a plain wall.
Greenwood Hektoen explained that part of it is fire code regulations, and if you build up to the
property lines, you can't have openings.
Dyer said maybe they shouldn't be building up to the property line.
Freerks said she has heard from a number of people, and it's something they need to look at in
the future because if you are going to have a skyline perhaps all these things should be taken
into consideration.
Eastham said perhaps there could be a drawing or art on that side of the building.
Thomas said the Commission didn't get to see that side when it was made public.
Dyer said she wouldn't have voted for it or for Oaknoll.
Swygard asked if the same kinds of plans for sidewalk width and landscaped parkways noted in
Planning and Zoning Commission
August 15, 2013 - Formal
Page 10 of 12
the Riverfront Crossings Plan for the Clinton Street Promenade will have to be put forth in this
application. Howard said that's in the public right -of -way. She said the Zoning Code addresses
regulations on private property. She said after the building is constructed, the streetscape will
have to be installed according to the Plan.
Martin asked if the Sabin School itself is going to be affected. Howard said the University will
tear down the building and there are discussions between the City and Midwest One to
construct a mid -block parking structure with residential units along Dubuque Street.
Freerks opened public discussion.
Kevin Monson, chairman of the board for MidWestOne Bank, said they believe this is exactly
what Riverfront Crossings is and should be about. He said they are in the process of restoring
the main MidWestOne building downtown and before they can finish that, they need to relocate
employees to this proposed building. He said it's a very transparent and energy efficient
building, showed renderings to the Commission and explained what features they will have. He
said the building is five floors above grade, and the top floor has one room as a conference
space, and then a rooftop garden. He said the rule of thumb for what constitutes a high -rise is a
building that exceeds 75 feet.
Dyer asked about the back of the building.
Monson replied that the building is about the same on all four sides, although they do have
different types of glass.
Eastham said from the renderings the ground level on Harrison Street side doesn't look very
eye- catching.
Monson explained how this wall is designed to allow light to penetrate through the translucent
glass, but not views in order to afford privacy to the employees and the bank's mortgage clients.
He noted, however, that the main lobby entrance at the corner and the elevator portions will be
highly transparent.
Freerks closed public discussion.
Eastham moved to recommend approval of an amendment to Title 14:2C -8 of the Zoning
Code Central Business Site Development Standards by adding Subsection R as set forth
in the staff memo for this meeting of August 15, 2013.
Swygard seconded.
Eastham asked if the proposed seventy percent requirement in paragraph 3. of the memo and
forty percent requirement in paragraph 4. are compatible with the proposed design standards in
the Riverfront Crossings plan.
Howard said staff feels this is an improved standard for the primary streets in Riverfront
Crossings.
Theobald asked if there is a bike trail planned along Clinton Street. Howard replied that Clinton
has enough right -of way to accommodate bike lanes, parking, busses and pedestrians.
Eastham asked if it was a fair assumption to think that the four nice trees along Harrison will
Planning and Zoning Commission
August 15, 2013 - Formal
Page 11 of 12
have to be removed for the building construction. Howard said that was a fair assumption.
Freerks said she's happy to see MidWestOne investing early in Riverfront Crossings and she's
delighted by the sketches that she sees here. She does wish that the Sabin School were
salvageable. She said at the very least she would like a portion salvaged and recycled. She said
if this is the first office building since urban renewal, there's a great need for additional business.
She thinks this is a wonderful project and will be supporting it.
Eastham said he's delighted MidWestBankOne is going ahead with this project. He said he
thinks will be a great attraction to the area south of Burlington Street.
Swygard said she's excited to see there's a rooftop garden, and she hopes they will promote it
that so other businesses will follow that lead.
Thomas said he's excited to see the development of Clinton Street moving forward, as he thinks
that's the key to Riverfront Crossings. He said he likes the height and scale of the building.
Dyer said she likes the idea of a contemporary building setting the pace rather than something
that tries to look historical and isn't.
A vote was taken and the motion carried 7 -0.
Consideration of Meeting Minutes: July 18 and August 1, 2013
Eastham moved to approve all minutes.
Swygard seconded.
A vote was taken and the motion carried 7 -0.
OTHER
Eastham brought up a comment made during public discussion, and said some of the outdoor
seating that has been approved is not necessarily something that people using wheelchairs are
comfortable with.
Thomas said there is the workshop process under way for the downtown streetscape plan and
would encourage the Commission to give Eastham's thought some consideration.
Freerks said she was glad Gravitt showed up to give her comments concerning this, and she
hopes City Council will see them. She said she has heard from people about what's taking up
parking places, and safety is also an issue. Theobald said she, too, has heard comments.
ADJOURNMENT:
Swygard moved to adjourn.
Martin seconded.
The meeting was adjourned on a 7 -0 vote.
i sa
Prepared by: Karen Howard, Planning Department, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251
ORDINANCE NO. 13 -4550
AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE
INTENSIVE COMMERCIAL (CI -1) ZONE.
WHEREAS, an ad hoc committee of private citizens was appointed by the City Manager to review the
zoning regulations in several of the City's commercial zoning districts due to concerns expressed by some in
the business community; and
WHEREAS, said committee forwarded a summary of their conclusions and recommendation to the
Planning and Zoning Commission;
WHEREAS, the Committee concluded that some of the distinctions between the land uses allowed in the
Intensive Commercial (CI -1) Zone versus the broader commercial uses allowed in the Community
Commercial (CC -2) Zone may be unduly constraining the market;
WHEREAS, a majority of the committee concluded that opening up the possibility of additional uses in
the CI -1 Zone, such as restaurants, medical offices, and a wider variety of retail uses would not have a
significant negative effect on CI -1 zoned properties and that it would be better to allow buyers to more freely
choose a location for their business based on their own needs and assessment of the merits of any specific
property; and
WHEREAS, the committee acknowledged that allowing this broader range of uses in the CI -1 Zone
would shift more of the responsibility to the property buyer to consider the possibility that quasi - industrial or
intensive commercial uses, which are more likely to have outdoor work areas, outdoor storage, or other
aspects that may result in noise, dust, odors, may also locate in the same zone; and
WHEREAS, despite the greater possibility for incompatibilities between uses in the CI -1 Zone, the
committee concluded that the benefits of providing for a more unconstrained market for commercial property
outweighed these risks, and therefore recommended that the uses allowed in the CI -1 Zone be expanded to
allow the following CC -2 uses, and any associated accessory uses, such as drive - through facilities, with the
same standards and provisions called out in the CC -2 Zone: restaurants and bars; medical and dental
offices; personal services; hotels and motels; religious and private group assembly; and sales- oriented retail
uses-land
WHEREAS, the Planning and Zoning Commission has reviewed the committee's recommended
changes to the Zoning Code and recommended that these changes be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Amend 14 -2C -2 Land Uses Allowed, Table 2C -1, Principal Uses Allowed in Commercial Zones, to
indicate the following:
• Designate Eating Establishments as "Permitted Uses" in the CI -1 Zone;
• Designate Drinking Establishments as "Provisional Uses" in the CI -1 Zone;
• Designate Medical /Dental Offices as "Permitted Uses" in the CI -1 Zone;
• Designate Personal Service- Oriented Retail Uses as "Permitted Uses" in the CI -1 Zone;
• Designate Hospitality- Oriented Retail Uses as "Permitted Uses" in the CI -1 Zone;
• Designate Sales- Oriented Retail Uses as "Permitted Uses" in the CI -1 Zone;
• Designate Religious & Private Group Assembly Uses as "Permitted Uses" in the CI -1
Zone.
B. Delete paragraph 14- 413- 413-11, Specific Approval Criteria for Provisional Uses and Special
Exceptions for Drinking Establishments and substitute in lieu thereof:
Ordinance No. 13-4990
Page 2
11. Drinking Establishments in the CH -1, CIA, CC -2, CB -2, CB -5, CB -10 Zones
Within the University Impact Area, as illustrated on Map 213.1 within Section 14 -2B -6 or the
Riverfront Crossings District, as illustrated in Figure 2C.8 within Section 14 -2C -11 a Drinking
Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet
from any other Drinking Establishment. Distance shall be measured along a straight line from
the nearest property line (or nearest point of the leased building space) of the proposed use to
the nearest property line (or nearest point of the leased building space) of any other Drinking
Establishment. For example, in the case of a Drinking Establishment that is located on a lot
with multiple leased building spaces, such as a shopping mall, the distance is measured from
the nearest point of the leased building space occupied by a Drinking Establishment to the
nearest property line or leased building space of any other Drinking Establishment.
C. Delete the Specific Approval Criteria for Provisional Uses and Special Exceptions for Sales- Oriented
Retail in the CI -1 Zone contained in paragraph 14- 413- 46 -18, and renumber subsequent paragraphs
accordingly.
D. Delete Table 4C -1 within subsection 14- 4C -2K, Accessory Uses and Buildings Specific Approval
Criteria, and substitute in lieu thereof:
Table 4C -1: Drive - Through Facilities
Zone
Drive- through facilities allowed
Additional requirements
ID Zones
None permitted
Not applicable
Residential Zones
None Permitted
Not applicable
CO -1 Zone
Limited to facilities that are accessory to financial
Special exception required. See additional
institutions
approval criteria listed below.
CH -1
Permitted
Drive through lanes must be set back at
least 10 feet from property lines and must
be screened from view of any abutting
Residential Zone to the S3 standard (See
Article 14 -5F, Screening and Buffering
Standards).
CN -1 Zone
Limited to facilities that are accessory to financial
Special exception required. See additional
institutions and pharmacies.
approval criteria listed below.
Maximum of 2 lanes allowed for a financial
institution;
Maximum of 1 lane allowed for a pharmacy
CI-1, CC-2 and CB -2
Permitted by special exception
Special exception required. See additional
Zones
approval criteria listed below.
CB -5, CB•10 Zones
None permitted
Not applicable
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 17th day of September , 2013.
Ordinance No. 13_4550
Page 3
i
ATTEST:"'
CI CLERK
Approve by
City Attorney's Office /� /�
Ordinance No. 13 -4550
Page 4
It was moved by Payne and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS: ABSENT:
First Consideration
Vote for passage:
Hayek.
Second Consideration _
Vote for passage:
Hayek.
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
8/20/2013
AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
NAYS: None. ABSENT: None.
9/03/2013
AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns,
NAYS: None. ABSENT: None.
Date published 9/26/2013
09-17-13
6e
Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5239
ORDINANCE NO. 13 -4551
AN ORDINANCE AMENDING TITLE 14: ZONING CODE TO DELETE SPECIFIC STREET WIDTH
REQUIREMENTS FOR DAYCARE USES, GENERAL EDUCATIONAL FACILITIES, AND
RELIGIOUS /PRIVATE GROUP ASSEMBLY.
WHEREAS, the current Zoning Code requires that an applicant for a special exception for Daycare Uses,
General Education Facilities, and Religious /Private Group Assembly Uses in certain zones must demonstrate to
the Board of Adjustment that vehicular access will be via a street with pavement width greater than 28 feet; and
WHEREAS, a number of long- established churches, daycares, and schools have vehicle access along
streets that do not meet this minimum street width requirement, yet are compatible with the adjacent
neighborhood; and
WHEREAS, the current Zoning Code contains other specific and general approval criteria for this type of
special exception that consider vehicle circulation, parking, ingress and egress, pedestrian facilities, public
safety, and potential impacts on surrounding properties; and
WHEREAS, Staff recommends that the specific approval criteria regarding the minimum pavement width be
deleted from the specific approval criteria, as it is too restrictive given that other existing approval criteria require
the Board to consider, on a case -by -case basis, the potential traffic- related impacts of the specific proposed use;
WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and
recommends approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended deleting the following
paragraphs, and renumbering any subsequent paragraphs accordingly:
1. 14- 4B- 4D -6c, Vehicular Access for Daycare Uses;
2. 14- 4B- 4D -8a, Vehicular Access for General Education Facilities in RR -1, RM -12, RM -20, RNS -
20, RM44, PRM, MU, and CO -1 zones;
3. 14- 4B- 4D -9a, Vehicular Access for General Education Facilities in the RS -5, RS -8, RS -12, and
RNS -12 zones;
4. 14- 4B- 4D -14a, Vehicular Access Religious /Private Group Assembly in the ID -RM, ID -C, RR -1,
RM -12, RM -20, RNS -20, RM -44, PRM, MU, and CO -1 zones; and
5. 14- 4B- 4D -15a, Vehicular Access for Religious /Private Group Assembly in the ID -RS, RS -5, RS-
8, RS -12, and RNS -12 zones.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 17th day of September , 2013.
ATTEST:
MAYOR CITY ERK
Ap oved by:
City Attorney's Office
Ordinance No. 13 -4551
Page 2
It was moved by Champion and seconded by Throgmorton that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
First Consideration
Vote for passage:
Mims.
ABSENT:
8/20/2013
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
NAYS: None. ABSENT: None.
Second Consideration 9/03/2013
Vote for passage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published 9/26/2013
6f
Prepared by: Bailee McClellan, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ11- 00010)
ORDINANCE NO.
ORDINANCE REZONING APPROXIMATELY 13.07 ACRES LOCATED AT 1729 NORTH DUBUQUE
ROAD FROM LOW DENSITY SINGLE FAMILY (RS -5) TO PLANNED DEVELOPMENT OVERLAY — LOW
DENSITY SINGLE FAMILY (OPD -5). (REZ11- 00010)
WHEREAS, the applicant, Allen Homes, has requested a rezoning of property located at 1729 North
Dubuque Road from Low Density Single Family (RS -5) to Planned Development Overlay — Low Density
Single Family (OPD -5); and
WHEREAS, Allen Homes proposes to use the property to develop The Palisades, a 32 -lot residential
subdivision; and
WHEREAS, the Comprehensive Plan indicates that the area is appropriate for single - family and duplex
residential uses and open space; and
WHERAS, the subdivision incorporates single - family residential uses and open space in compliance with
the Comprehensive Plan; and
WHEREAS, sensitive areas, including critical slopes and woodlands, are present on the property; and,
WHEREAS, in order to provide for the connection of Oakes Drive and storm water management on this
property, it is necessary to remove more than 50 percent of the woodlands and grade more than 35 percent
of the critical slopes; and,
WHEREAS, replacement trees will be planted; and,
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning
designation of RS -5 to OPD -5:
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF DEAN OAKES FIRST ADDITION,
TO IOWA CITY, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE
RECORDED PLAT THEREOF; THENCE SOUTHWESTERLY 228.20 FEET, ALONG
THE CENTERLINE OF DUBUQUE ROAD AND AN ARC OF A 303.70 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY, WHOSE 222.87 FOOT CHORD BEARS
S39 027142 "W; THENCE S18 001'40 "W, ALONG SAID CENTERLINE, 617.60
FEET; THENCE N87 008'44 "W, ALONG THE NORTH LINE OF LOT ONE,
DONAHUE SUBDIVISION, TO IOWA CITY, JOHNSON COUNTY, IOWA, IN
ACCORDANCE WITH THE RECORDED PLAT THEREOF, 638.60 FEET; THENCE
NO2 002146 11E, 742.00 FEET; THENCE S89 009'05 "E, 944.20 FEET, ALONG
THE SOUTH LINE OF DEAN OAKES THIRD ADDITION, TO IOWA CITY,
JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE RECORDED PLAT THEREOF
AND THE SOUTH LINE OF SAID DEAN OAKES FIRST ADDITION, TO THE
POINT OF BEGINNING CONTAINING 13.07 ACRES, MORE OR LESS, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the
zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval
and publication of this ordinance by law.
SECTION III, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the
office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law.
SECTION IV, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance No.
Page 2
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
MAYOR
ATTEST:
CITY CLERK
7 Appr ved by
City Attorney's Office ��a /�
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 9/0312013
Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Champion.
NAYS: Throgmorton. ABSENT: None.
Second Consideration 9/17/2013
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne.
NAYS: Throgmorton. ABSENT: None.
Date published
09-17-13
6g
.mil ■�I�
Prepared by: Darian Nagle -Gamm, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13-
00004)
ORDINANCE NO. 13 -4552
ORDINANCE CONDITIONALLY REZONING 1.05 ACRES OF LAND LOCATED ON NORTH Ilse
AVENUE, NORTH OF ROCHESTER AVENUE FROM LOW - DENSITY MULTI - FAMILY (RM -12) ZONE TO
PLANNED DEVELOPMENT OVERLAY /LOW- DENSITY MULTI - FAMILY (OPD /RM -12) ZONE. (REZ13-
00004)
WHEREAS, the applicant, Jeff Miller Construction, has requested a rezoning of property located at North
1St Avenue, north of Rochester Avenue, from Low- Density Multi - Family Residential (RM -12) to Low - Density
Multi - Family Residential with Planned Development Overlay (OPD /RM -12); and
WHEREAS, the subject property was conditionally rezoned from Low - Density Single - Family Residential
(RS -5) to RM -12 in 2012, and at that time the applicant's engineer had not yet delineated the critical and
steep slopes on the property; and
WHEREAS, during site plan review, it was determined that more than 35% of critical slopes found on the
property were proposed for disturbance, which means a Level II review through the planned development
rezoning process would be required; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions imposed to
address certain public needs caused by the rezoning, more specifically to promote safety in the design and
construction of developments on sloping sites, to minimize soil instability and erosion, to prevent landslides,
flooding, and mudslides; to preserve the scenic character of hillside areas; and to provide a landscaping
buffer of non - invasive plant species between the development and Hickory Hill Park; and
WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance
with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designation of RM -12 to
OPD /RM -12:
LEGAL DESCRIPTION
OonmsnCibg at t✓kte Aarthwest corner of Section 12, Township 79 Worth, Range 6
West of the Fifth Principal Xeridi=; thence 200002'26 "W, 500.07 feet along
the west line of said Section 121 thence €890091370W, 25.36 feet to a paint
on the west right of way line of First AVre.=+re and the point of beginning;
thence Southeasterly, 303.23 feet along said westerly right of way line, on
as 630400 foot xadius curve, d*=Gave n+Xtb*asterly, whose 300.31 foot chord
bears SO4 °413129 "E to the north"stexly 00=er of Lot 3 of First and
Rochester Addition Part Onet thence S89 023'49 "W, 57,18 feet along the U=th
line of said Lot 3; thence N09 036120 "W, 122.87 feet along said north lane;
tb=ce 800°32136 "E, 296.79 feet; thence 1189 009137 "g, 157.02 feet to the
point of begi=irig . '
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment, upon the final passage, approval and
publication of the ordinance as approved by law.
Ordinance No. —4 5_2
Page 2
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this 17th day of September 2013.
MAYOR
ATTEST: �5 i
CITY CLERK
Jved by
City Attorney's Office
Ordinance No. 13 -4552
Page 3
It was moved by Payne and seconded by Mims that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Champion
x
Dickens
x
Dobyns
x
Hayek
x
Mims
x
Payne
x
Throgmorton
First Consideration 8/20/2013
Vote for passage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens.
NAYS:::Dobyns. ABSENT: None.
Second Consideration 9/03/2013
Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Champion, Dickens.
NAYS: Throgmorton. ABSENT: None.
Date published 9/26/2013
Prepared by: Darien Nagle -Gamm, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5254 (REZ13-
00004)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City "), the Regina Foundation (hereinafter "Owner "), and Jeff Miller Construction
(hereinafter "Applicant ").
WHEREAS, Owner is the legal title holder of approximately 1.05 acres of property
located on North 1st Avenue, north of Rochester Avenue; south of the North 1st Avenue - Stuart
Court intersection, and east of the Regina High School sports field and track; and
WHEREAS, the Owner has requested the rezoning of said property to add a Planned
Development Overlay designation related to a Level II Sensitive Areas Review due to proposed
disturbance of over 35% of the critical slopes on the property; and
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed
rezoning and determined that it complies with the Comprehensive Plan provided that it meets
conditions imposed to address certain public needs caused by the rezoning, more specifically to
promote safety in the design and construction of developments on sloping sites, to minimize soil
instability and erosion, to prevent landslides, flooding, and mudslides; to preserve the scenic
character of hillside areas; and to provide a landscaping buffer of non - invasive plant species
between the development and Hickory Hill Park; and
WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs caused by the requested change; and
WHEREAS, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan and the need for protection of environmentally - sensitive areas; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. The Regina Foundation is the legal title holder of the property legally described as:
Comnenciug at the northwest Corner of Section 12, Towaasbip 79 North, Ran 6
West of the Fifth Principal Meridian.; thence 300002126 11W, 600.07 feet along
the west line of said Sectiou 12; thence 589'09'37 "W, 25.38 feet to a point
on the west right of way line of First Avenue and the point of beginning;
thence southeasterly, 303.23 feet along said westerly right of way line, on
a 630.00 foot radius curve, concave northeasterly, whore 300.31 foot chord
bears 504049129 "E to the northeasterly corner of Lot 3 of First and
Rochester Addition Part: ones thence S89 023149 "W, 57.18 feet along the north
lime of said Lot 3; thence N89 036120 "W, 122.87 feet along siid north line;
thence N00 132136 "E, 296.79 feet; thence N89 009137 "E, 157.02 feet to the
point of beginning.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Central District Plan. Further, the parties
acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may
impose reasonable conditions on granting an applicant's rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
ppdadm/.tVoufput.doox
change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. The design of the retaining walls and foundations for the development shall
incorporate the recommendations contained within the submitted Geotechnical
Engineering Report issued by Terracon dated July 12t ", 2013 and shall be
signed and sealed by a professional structural engineer, certified in the State of
Iowa, prior to approval of the site plan. The professional structural engineer of
record will certify the retaining walls and foundations were constructed per plan
prior to the Certificate of Occupancy;
b. Development of the property is consistent with the submitted Preliminary Sensitive
Areas Site Development Plan date 4/11/13 with a revised date of 6/5/13, attached
hereto, that indicates the layout of the building, parking, landscaping, driveway
location, and storm water facilities;
c. The building is designed in general accordance with the submitted elevation
drawings, attached hereto, with any additional changes or conditions imposed by
the Design Review Committee to ensure that the building complies with the Central
Planning District multi - family site development standards and other conditions
related to landscaping and screening as set forth in this agreement;
d. Areas north of the parking lot must be planted and maintained with a combination
of trees, shrubs, and ground covers as recommended in the approved list of
Johnson County Heritage Trust rather than turf grass;
e. Any retaining walls over three feet in height that are visible from the public right -of-
way shall be screened with appropriate landscaping to soften the view of the walls
from First Avenue;
f. Where possible, additional trees of an appropriate species for the location shall be
planted south of the building to provide additional tree coverage to replace trees
that are removed during construction; and
g. A landscaping plan to implement conditions d, e., and f, shall be submitted to the
Design Review Committee for review and approval.
4. The Owner, Applicant, and City acknowledge that the conditions contained herein are
reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that
said conditions satisfy public needs that are caused by the requested zoning change.
5. The Owner, Applicant, and City acknowledge that in the event the subject property is
transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the
terms of this Conditional Zoning Agreement.
6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be
a covenant running with the land and with title to the land, and shall remain in full force
and effect as a covenant with title to the land, unless or until released of record by the
P0dadMa0t /6iAput 6dx 2
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this 17th day of September 2013.
CITY OF IOWA CITY Jeff Miller Construction, Inc.,
APPLICANT p
4-- -- a&— * pirslorw(
Matthew J. Hayek, ayor m ) k, I
Attest: Regina Foundn, OWNER
41411 //� / , E
Man . Karr, City Clerk (N me, Title ,
App ved by.
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City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY ) rr
This instrument was acknowledged before me on v b� r' )—/ 2013, by Matthew J.
Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City.
o SIN s t;ELLIE K. TUTTLE
H, Commission Number 221818
• My Co miss' n Expires
o�`wa
Notary Public in and for the State of Iowa
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(Stamp or Seal)
Title (and Rank)
APPLICANT ACKNOWLEDGEMENT:
STATE OF JG )
ss:
ldytfil'v, COUNTY )
This instrument was acknowledged before me on Afez&551 20 2013 by
sec 111 %IGr� [name] as ����� i'� [title] of
i [name of business].
OWNER ACKNOWLEDGEMENT:
STATE OF
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COUNTY )
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Notary Public 'n and for said County and State
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(Stamp or Seal)
Title (and Rank)
This instrument was acknowledged before me on t2 s 4 ,19, 2013 by
[name] as �'�c �� vPf [title] of
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Notary Pub is in and for said County and State
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From: Wasserman, Edward A <ed- wasserman @uiowa.edu>
Sent: Thursday, September 12, 2013 8:46 AM
To: Marian Karr
Subject: REZ13 -00004 request
Marian:
Could you please include this request in the City Council packet for its meeting next Tuesday?
Thanks so much,
Ed
Dear City Council:
Although two members of the City Council have voted "no" on the rezoning request of Mr. Miller, they have
thus far not done so at the same meeting. Unless two Councilors vote "no" on this third and final reading, all of
the neighbors' letters, petitions, emails, phone calls, and meetings with the Planning and Zoning staff will have
been for naught. Not a single aspect of Mr. Miller's plans will have been changed in response to our legitimate
concerns.
We have thus failed to convince most members of the City Council that the proposed building poses real risks
for the stability of the land on which Park Plaza now rests, the integrity of its northern landscaping, as well as
the ability of Hickory Hill Park and Ralston Creek to contend with unknown runoff and drainage issues that
may arise because of the deep excavation and long concrete retaining walls that are central to the current
building plan. We have based our concerns on facts: the necessary and expensive replacement of windows and
concrete tarmac at Park Plaza as well as the necessary repositioning of the footbridge in Hickory Hill Park. The
Councilors have dismissed our concerns based on the theories of storm water runoff proposed by City Staff and
on the reputations of the engineering firms (reluctantly) hired by Mr. Miller.
We believe that it is well within the purview of the City Council to impose a few small conditions on the
proposed plan to fully bring it within the design standards of the Sensitive Areas Development Plan for
regulated slopes set forth in Section 14 -5I -8 of the City Code. We reiterate the key portions of the Code:
1. Minimize flooding, landslides, and mudslides;
2. Minimize soil instability, erosion, and downstream siltation; and
3. Preserve the scenic character of hillside areas, particularly wooded hillsides.
Even if the City Council were ultimately to approve the 16 -unit complex, which we continue to oppose, it
would still be possible for the Council to impose modest conditions to the proposal such as moving the building
5 to 10 feet to the north and insisting that a minimum of trees would be destroyed by construction, particularly
those in the southernmost portion of the lot. These modest changes would not eliminate, but certainly mitigate
the prime concerns of the First Avenue neighbors; they would also go a greater distance toward abiding by the
letter and spirit of the Sensitive Areas Development Plan than does the current rezoning proposal. Is this
request too much to ask?
Edward A. Wasserman
Stuit Professor of Experimental Psychology
Department of Psychology
The University of Iowa
Iowa City, IA 52242
Phone: (319)335 -2445
Fax: (319)335 -0191
Email: ed- wassermanguiowa.edu
Home page: http://www2.psychology.uiowa.edu/Faculty /Wasserman/
Delta Center: http: / /www.uiowa.edu/delta- center /index.html
Tb : Gn-`�l cou- (2-k � 5
Thank you for allowing me this time to vent. We are in strong opposition to
allowing Miller Construction the rezoning of 1.05 acres on First Avenue.
This lot is designated `sensitive area' and is protected by the
Comprehensive Plan and the Sensitive Areas Ordinance: Section 14 -51 -8;
Regulated Slopes and, secondly, the mature trees to be removed. At issue
is: quality of trees, unaccountable costs of development and burden of
proof. At the September 3, meeting, Commissioner Mims condemned the
mature trees on this First Avenue lot as `not quality trees', however, the
trees standing behind her home, which would be of the same ilk, provide
her privacy, hiking trails or a Thoreau transcendental escape giving them a
quality value of `very valuable'. The Developer's plans include newly
planted trees that will take decades to mature and will not be the varieties
that only Nature's wisdom decides.
Commissioner Throgmorton was assigned `burden of proof' when he was
uncertain of his `yes' vote. If the Sensitive Area Overlay is a guideline to
protect natural amenities, then proof that all regulations of this section on
Regulated Slopes should be studied and met for the validity of the Plan to
mean anything. Mr. Miller's plan does not adhere to any of it.
Also, please consider the parking of construction equipment and the
vehicles of the workers. Stuart Court and Hickory Hill Park lot are the only
options.
Mr. Miller and his legion of a lawyer, engineer, real estate agent and a
representative from the Regina Foundation have worked to persuade your
vote. However, we, the neighbors have relied solely on the ComprehWnsive
--
Plan and the Sensitive Areas Ordinance, put in place to protect#
r#
slopes from development.
cam _ M
ry
cn
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A smaller building design would preserve some of the open space and
minimize disturbance of the lot's sensitive features and natural resources
such as the trees. Mr. Miller's plan puts this natural amenity on the
endangered and compromised list and others will follow.
Jim and Judy Buddenbaum
557 N 1 st Avenue
Iowa City
319- 354 -9846
Jandobuddenbaum @amail.com
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Marian Karr
From: Bill Pusateri <wppusateri @g mail. com>
Sent: Tuesday, September 17, 2013 2:51 PM
To: Jim Throgmorton; Rick Dobyns; Council
Subject: Ralston Creek Watershed - 1st. Ave. /Rochester Rezoning Project.
Dear Dr. Throgmorton:
Thank you for changing your "yes" vote to a "no" vote at the last Iowa City Council meeting regarding the
rezoning of the 1 st. Ave. property immediately south of the east entrance to Hickory Hill City Park. Your
observations about the drainage issues were very enlightening. Only wish that Dr. Dobyns did not change his
"no" vote to a "yes" vote.
As you may know, the Ralston Creek watershed represents an ancient glacial drainage system which has been
greatly altered in recent times by the construction of houses, business, streets and drainage structures..... But it
still remains an ancient post - glacial drainage system funneling surface and subsurface waters through the
watershed to the Iowa River. During large snow melts and /or rain events it continues to function as a drainage
system despite all of the recent construction and man-made drainage structures. This is a big problem as
demonstrated by the increasing frequency of homes being flooded in the region of Ralston Creek from
Creekside City Park to Court Hill City Park. The water retention basins and structures are failing as evidenced
by this increasing frequency of flooding.
To bypass the Hickory Hill water retention basin as proposed by this rezoning project will only add to the
misery of the home owners in this critical floodplain area mentioned above.
There is a reason why the Hickory Hill water retention basin was built some 40 to 50 years ago. To bypass this
basin as proposed, only adds surface water more rapidly into Ralston Creek in an unregulated manner, This
decision to do so is not based on good science. (Why have a water retention basin in Hickory Hill Park if the
City does not plan to use it ? ? ?)
As construction within the Ralston Creek watershed continues, so will the frequency of flash - flooding as more
unregulated surface water is diverted from concrete and rooftops directly into Ralston Creek. I hope the
City Council will think seriously and creatively about this problem which effects many home owners and their
quality of life. In this way, this rezoning issue is symptomatic of the larger problem of future development and
the consequence of flooding which may result. I hope that the City Council will undertake some good scientific
approaches to this problem and develop a dynamic plan for the Ralston Creek watershed in the near future.
Thank you for your wisdom and your "no" vote on this watershed issue.
Sincerely,
William P. Pusateri
904 3rd. Ave.
Iowa City, Iowa 52245
319 400 -5088
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ITEM 6g
Submitted by Edward Wasserman
First Avenue Rezoning Request:
By the Numbers
Neighborhood Concerns
View Toward Hickory Hill Park
Overhead of First Avenue Lot
Planned 16 -Unit Building
clearance
Rezoning request is incompatible with
14 -51 -8: REGULATED SLOPES
• The purposes of regulating development on
and near steep slopes are:
• To minimize flooding, landslides, and mudslides
• To minimize soil instability, erosion, and
downstream siltation
■ To preserve the scenic character of hillside areas,
particularly wooded hillsides
Neighbors' main concerns
• Destruction of scenic, wooded hillsides
• Destabilization of steep slopes by extensive
excavation and complete tree removal
• Disruption of existing stream corridors
Critical numbers
11�
11�
• 100% of the many mature trees on the lot will
be destroyed by this project.
• Tree removal also means deep root damage
and unsettling of the subsoil.
MN
lax-O
ALO
• 88% of the steep slopes will be impacted by
construction of the building.
53
53
• 53% of the critical slopes will be impacted by
construction of the building.
100, 881 and 53
100, 881 and 53
• Removing 100% of the mature trees...
• And, disturbing 88% of the steep slopes and 53%
of the critical slopes cannot be reconciled with:
• Minimizing the risk of flooding or mudslides
• Minimizing soil instability
• Preserving the scenic character of wooded hillsides
• Please do not approve Mr. Miller's request.
• It is inconsistent with regulated slopes ordinance.
9
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 13 -4553
ORDINANCE AMENDING TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING
METER ZONES AND PARKING LOTS, SECTION 4, USE OF PARKING LOTS: TO ASSIGN THE
CITY MANAGER, OR DESIGNEE, THE RESPONSIBILITY AND AUTHORITY TO SET THE DAYS
AND TIMES FOR WHICH A FEE MAY BE CHARGED, AS WELL AS THE LENGTH OF TIME A
VEHICLE MAY BE PARKED, IN CITY LOTS.
WHEREAS, under current law, City Council is responsible for setting, by resolution, the "times during
the day or night, the length of time that a vehicle may be parked and the days in which a fee shall be
charged "; and
WHEREAS, City Council wishes to assign the responsibility for setting those matters to the City
Manager, or designee; and
WHEREAS, it is in the best interest of the City to adopt this amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
TITLE 9, MOTOR VEHICLES AND TRAFFIC, CHAPTER 5, PARKING METER ZONES AND
PARKING LOTS, SECTION 4, USE OF PARKING LOTS:, PARAGRAPH A. FEES, SUBPARAGRAPH 2
is hereby amended by deleting the language, "resolution of the city council." in the 2nd sentence and
replacing it with the following language: "the City Manager or designee."
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this 17th day of September , 2013.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorney's Office
Ordinance No. 13 -4553
Page 2
It was moved by Dobyns and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
X
x
x
x
x
x
NAYS: ABSENT:
First Consideration 8/20/2013
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
Voteforpassage: AYES: Mims,Payne, Throgmorton, Champion, Dickens, Dobyns,
Hayek. NAYS: None. ABSENT: None.
Second Consideration 9/03/2013
Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek,
Mims. NAYS: None. ABSENT: None.
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030
ORDINANCE NO. 13 -4554
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
5, ENTITLED "MISCELLANEOUS OFFENSES," TO LIMIT STORING PERSONAL
PROPERTY ON RIGHT OF WAY, TO PROHIBIT SOLICITING BY PARKING METERS
AND AT CITY PLAZA ENTRANCES, TO PROHIBIT LYING ON ELEVATED
PLANTERS, TO PROHIBIT LYING ON BENCHES DURING CERTAIN HOURS, AND TO
RESTRICT USING ELECTRICAL OUTLETS.
WHEREAS, the City has an interest in the free flow of pedestrian traffic;
WHEREAS, public sidewalks are created and maintained for the primary purposes of enabling
pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and
services, and providing potential customers with convenient access to goods and services;
WHEREAS, City Plaza is a small space that is used by thousands of people every day for a multitude
of purposes in addition to a pedestrian walkway such as entertainment (listening to Friday Night Concert
Series), commercial (eating at a sidewalk cafes), recreational (playing on the playground equipment),
leisure (reading at a bench), and political (gathering for a demonstration);
WHEREAS, because of the limited space within the City Plaza, regulating its use based on time,
place, and manner is necessary in order to ensure continued diverse and active use by the public:
WHEREAS, the purpose of right of way is not to store private property;
WHEREAS, the storage of private property on public right of way in the downtown impedes
pedestrian, bicycle, and wheelchair traffic;
WHEREAS, additionally the storage of private property on public right of way in the downtown poses
health and safety risks to City staff and the public and is not aesthetically pleasing;
WHEREAS, lying in or on the large planters in City Plaza and on the downtown sidewalks prevents
others from sitting on them and damages the vegetation;
WHEREAS, the small planters on the downtown sidewalks are not designed to be used to lie or sit
on, and when people lie and sit on them, it impedes pedestrian traffic and damages the vegetation;
WHEREAS, the demand for benches decreases by 10:00 pm, in part, because stores are closed, the
Friday and Saturday Night Concerts are over, and the Iowa City Public Library is closed;
WHEREAS, City staff begin cleaning City Plaza at 6:00 am;
WHEREAS, the existing electrical system in the downtown is inadequate to meet the needs for many
public and special event purposes; and when individuals plug chargers and other electronic devices into
the outlets, it can cause shortages that compromise public uses of the system and can create problems
for organizers of permitted events and mobile vendors who pay a fee to utilize the City's electrical
network;
WHEREAS, a confined, unwilling, and captive audience is susceptible to undue intimidation,
pressure, and harassment from solicitors;
WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes
to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation
and disorder;
WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an
interest in public safety, and an interest in the free flow of pedestrian traffic;
WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right
to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to
protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are
unwelcome, to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and
WHEREAS, Resolution No. 12 -02, the City's Strategic Plan, adopted the following priority: It is the
City' s goal to promote growth of the Downtown and Near Downtown areas in a manner that builds upon
the existing vibrancy of the region, serves persons of all ages and backgrounds, and complements the
surrounding neighborhoods and University community;
WHEREAS, Resolution No. 99 -337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99 -3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
Ordinance No. 13 -4554
Page 2
WHEREAS, Resolution No. 99 -353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94 -3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objective of the Near Southside Commercial Revitalization Plan is to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City; and
WHEREAS, this ordinance furthers the health, safety and welfare of the City, and it is in the best
interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations," Chapter 5, entitled "Miscellaneous Offenses," Section 2,
entitled "Aggressive Solicitation," Subsection B, entitled "Illegal Activities," is amended by adding the
following new Subsections 1 h and 1 is
h. To solicit at the north, east and west entrances to City Plaza as defined as the areas bounded by:
North Entrance
East: Building line of the northwest corner of 207 E. Washington Street extended north to
the curb
North: Curb line
West: Building line of the northeast corner of 101 S. Dubuque Street extended north to the
curb
South: City Plaza and 8lack_Hawk Mini -Park
East Entrance
East: Curb line
North: Building line of the southeast corner of the Iowa City Public Library extended east to
the curb
West: City Plaza
South: Building line of the northeast corner of 221 E. College Street extended east to the
curb
West Entrance
East: City Plaza
North: Building line of southwest corner of 132 S. Clinton Street extended west to the curb
West: Curb line
South: Building line of northwest corner of 103 E. College Street extended west to the curb
To solicit on the following sidewalks with parking meters:
0 -99 block of S. Linn Street - east side
0 -99 block of S. Linn Street —west side between the alley and Iowa Avenue
100 block of S. Linn Street - -east side
100 block of S. Linn Street —west side between the alley and Washington Street
0 -99 block of S. Dubuque Street —west side
100 block S. Clinton Street -east side between the north property line of 18 S. Clinton Street and
Iowa Avenue
100 block E. Washington Street —north side between the east property line of 110 E. Washington
and Dubuque Street
200 block of E. Washington Street —south side
100 block of Iowa Avenue - -south side
200 block of Iowa Avenue —south side
2. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by adding the following new sentence to the end of
Subsection 10A:
No person shall sit or lie on or in an elevated planter or public amenity located on the public right of
way in the downtown or on a blanket, chair, stool, or any other object placed on or in an elevated planter
or public amenity.
Ordinance No. 13 -4554
Page 3
3. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by deleting Paragraph 1e of Subsection 10A in its
entirety and substituting in lieu thereof the following new Paragraph 1e and by adding the following new
Paragraphs 1 g and 1 h:
e. A person sitting on a bench.
g. A person lying on a bench between the hours of 10:00 p.m. and 5:00 a.m.
h. A person sitting on the border of an elevated planter that is greater than 12 inches in height.
4. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by adding a new sentence to the end of subsection
A(1)(a) as follows: This exception shall not apply to the prohibition against sitting or lying in an elevated
planter.
5. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 10,
entitled "Sitting and Lying on Sidewalks," is amended by adding the following new definition to
Subsection 10C:
Public amenity means bench, table, trash receptacle, public art, bike rack, water spigot, kiosk, posting
pillar, and pergola.
6. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is amended by
adding the following new Section 14, entitled "Storage of Property ":
A. Definitions.
(1) Downtown means the Central Business District, the Near Southside Commercial Area, and the
Northside Marketplace Area as illustrated on the map in Section 8 -5 -2 of this Code.
(2) Public amenity means bench, table, trash receptacle, public art, bike rack, water spigot,
kiosk, posting pillar, and pergola.
(3) Shopping cart means a basket which is mounted on wheels, or a similar device, provided by
the operator of a commercial establishment for the use of customers for the purpose of transporting
goods of any kind. A shopping cart sold typically by a commercial establishment to a retail customer,
designed for that customer's personal use, and being used by that customer to transport goods
temporarily is not a shopping cart for the purposes of this section.
(4) Store or stored means to place, store, park, display, locate or set an item on the right of way
in the downtown.
B. Tree Rings /Planters /Public Amenity. No person shall store an item of personal property on a tree
ring, on or in an elevated planter, or on or in a public amenity in the downtown. This provision shall not
apply to property on a bench that is stored for less than 2 hours in any 24 -hour period and that does not
have a footprint greater than 4 square feet. Moving the unlawfully stored item to another location on
public right of way or onto another bench does not toll the 2 hour limitation.
C. Right of Way. No person shall store an item of personal property on the right of way in the
downtown. This provision shall not apply to:
(1) A person who has a permit issued by the City.
(2) An item that is stored for less than 2 hours in any 24 -hour period, that does not have a
footprint greater than 4 square feet, that does not impede the flow of pedestrian traffic, and that does not
restrict access to a public amenity. Moving the unlawfully stored item to another location on public right of
way or onto a bench does not toll the 2 hour limitation.
(3) An item that is designed and being used to transport a child, such as a stroller or a bicycle
trailer.
(4) An item that is being used to transport a child, such as a wagon.
(5) A wheelchair or similar device designed for a person with disabilities that is being used by a
person who needs such a device.
(6) A bicycle parked in a bicycle rack.
D. Shopping Carts. Shopping carts are prohibited on the right of way in the downtown unless the
area of the bottom of the basket, or both baskets combined if the cart has two baskets, is less than 300
square inches.
E. Unattended Personal Property. (1) Unattended personal property located on the right of way in
the downtown, including on a bench, may be seized. Personal property is unattended if the property
owner, or a person whom the owner has authorized to care for the property, is not within 20 feet of the
property.
(2) This provision shall not apply to the property of persons who accompany children using the
playground equipment located south of the public library or to a bicycle parked in a bicycle rack.
Ordinance No. 13 -4554
Page 4
(3) Except as provided herein, if property is seized, a written notice shall be left at the location of the
unattended property that will provide the owner the opportunity to reclaim the property. The reclaim
procedure shall be adopted by resolution of the City Council. No property shall be destroyed until the
owner has been accorded notice that the property has been seized and the opportunity to reclaim the
property pursuant to the reclaim procedure.
(4) Property, whether attended or unattended, may be seized without notice provided to the owner if
it presents an immediate threat to public health or safety, is evidence of a crime, or is contraband. Such
property may be destroyed without notice and opportunity for the owner to reclaim if the property presents
an immediate threat to public health or safety.
E. Verbal Notification. No person shall be cited under this section unless the person engages in
conduct after having been notified by a peace officer that the conduct violates the City ordinance.
7. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is amended by
adding the following new Section 15, entitled "Electrical Outlets ":
A. Except by written permission, no person shall use an electrical outlet located on the right of way in
the downtown. Downtown means the Central Business District, the Near Southside Commercial Area, and
the Northside Marketplace Area as illustrated on the map in Section 8 -5 -2 of this Code.
B. No person shall be cited under this section unless the person engages in conduct after having been
notified by a peace officer that the conduct violates the City ordinance.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
and punished by a fine of $65.00 or a municipal infraction.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 17thday of September 12013.
A
MAYOR
ATTEST: a4,404') 7� /
CITY LERK
ted b�
City Attorney's Office
? -aw -(-3
Ordinance No. 13 -4554
Page 5
It was moved by Champion and seconded by Dobyns that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Champion
x Dickens
x Dobyns
x Hayek
x Mims
x Payne
x Throgmorton
First Consideration 8/20/2013
Vote for passage: AYES: Payne, Champion, Dickens, Dobyns, Hayek, Mims.
NAYS: Throgmorton. ABSENT: None.
Second Consideration 9/03/2013
Voteforpassage: AYES: Hayek, Payne, Champion, Dickens, Dobyns.
NAYS: Mims, Throgmorton. ABSENT: None.
Date published 9/26/2013
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIO ," CHAPTER
5, TITLED "MISCELLANEOUS OFFENSES," TO LIMIT STORI G PERSONAL
PRO RTY ON RIGHT OF WAY, TO PROHIBIT SOLICITING BY P RKING METERS
AND T CITY PLAZA ENTRANCES, TO PROHIBIT LYI ON ELEVATED
PLANTE S, TO PROHIBIT LYING ON BENCHES DURING CER IN HOURS, AND TO
RESTRIC SING ELECTRICAL OUTLETS.
WHEREAS, the Ci has an interest in the free flow of pedestrian affic;
WHEREAS, public dewalks are created and maintained f the primary purposes of enabling
pedestrians to safely and ffectively move about from place to pl ce, facilitating deliveries of goods and
services, and providing pote tial customers with convenient acc s to goods and services;
WHEREAS, City Plaza is \sidewalk space that is used by tho sands of people every day for a multitude
of purposes in addition to a n walkway such as ent rtainment (listening to Friday Night Concert
Series), commercial (eating ewalk cafes), recreat' nal (playing on the playground equipment),
leisure (reading at a bench), ical (gathering fora monstration);
WHEREAS, because of ed space within t City Plaza, regulating its use based on time,
place, and manner is necessr to ensure con nued diverse and active use by the public:
WHEREAS, the purpose o ay is not to tore private property;
WHEREAS, the storage ate property n public right of way in the downtown impedes
pedestrian, bicycle, and wheelchair traffic;
WHEREAS, additionally the storage of
health and safety risks to City staff and the pt;
WHEREAS, lying in or on the large plan
others from sitting on them and damages th
WHEREAS, the small planters on the c
on, and when people lie and sit on them, * im
property on public right of way in the downtown poses
and is not aesthetically pleasing;
in City Plaza and on the downtown sidewalks prevents
sidewalks are not designed to be used to lie or sit
�destrian traffic and damages the vegetation;
WHEREAS, the demand for bench e decreases y 10:00 pm, in part, because stores are closed, the
Friday and Saturday Night Concerts ar over, and the wa City Public Library is closed;
WHEREAS, City staff begin clea i g City Plaza at 00 am;
WHEREAS, the existing electric I system in the dow town is inadequate to meet the needs for many
public and special event purposes; nd when individuals p g chargers and other electronic devices into
the outlets, it can cause shortage that compromise public es of the system and can create problems
for organizers of permitted even and mobile vendors who a fee to utilize the City's electrical
network;
WHEREAS, a confined unwilling, and captive audienc is susceptible to undue intimidation,
pressure, and harassment fr m solicitors;
WHEREAS, aggressiv solicitation is disturbing and disruptive o citizens and businesses, contributes
to the loss of access to a d enjoyment of public places and also en ances the sense of fear, intimidation
and disorder;
WHEREAS, the y has an interest in protecting persons from intimidation and harassment, an
interest in public safe , and an interest in the free flow of pedestrian traf ;
WHEREAS, thi ordinance is not intended to limit any person from ex cising their constitutional right
to solicit funds, pic et, protest or engage in other constitutionally protected ctivity but rather its goal is to
protect citizens f om the fear and intimidation that accompany certain k ds of solicitation that are
unwelcome, to a sure the free flow of pedestrian traffic, and to encourage eco mic vitality; and
WHEREA , Resolution No. 12 -02, the City's Strategic Plan, adopted the (lowing priority: It is the
City' s goal to romote growth of the Downtown and Near Downtown areas in a anner that builds upon
the existing ibrancy of the region, serves persons of all ages and backgrounds and compliments the
surroundin neighborhoods and University community;
WHE AS, Resolution No. 99 -337 approved the Central Business District Urba Revitalization Plan
and Ordi ance No. 99 -3900 designated the Central Business District;
WH REAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
-410
From Council Member Throgmorton 9 -17 -2013
The following two motions assume that the ordinance will be adopted, and would be
made immediately after its adoption:
I move that we instruct staff not to enforce the personal possessions provisions of the
ordinance until a location for safe, secure, and accessible temporary storage of personal
possessions is provided.
I further move that we acknowledge receipt of the Johnson County Local Homeless
Coordinating Board's (LHCB's) recent working paper concerning the "Housing First"
option and the Frequent User Service Enhancement, or FUSE, model; and that we direct
the staff to assist the LHCB in developing the details of how Housing First and the FUSE
model can best be applied to the problem of homelessness and associated ills in Iowa
City.
From Council Member Throgmorton 9 -17 -2013
Amendments to the Draft Ordinance Regulating Behavior in the
Downtown and Related Motions as Proposed
on September 17, 2013
I move that we make the following "non- substantive" amendments to Item 10, the
proposed ordinance relating to personal possessions and behavior on the Ped Mall:
Add the following four WHEREAS clauses:
• "WHEREAS, the City recognizes that the problems associated with homelessness
and transience (such as mental illness, drug addiction and alcoholism) are neither
unique to Iowa City nor completely within the powers of the City to solve ";
• "WHEREAS, the City is committed to treating all people with dignity, respect,
compassion, and justice ";
• "WHEREAS, the City recognizes that public spaces are sites of interaction
between people with differing values and standards of proper dress and behavior ";
• "WHEREAS, the City has an interest in achieving voluntary compliance with the
provisions of this ordinance and achieving such compliance through a `serve and
protect' community policing approach."
Make the following additional changes:
■ Delete from the 7th whereas clause the words "and is not aesthetically pleasing ";
■ Change the 8th whereas clause to read: "WHEREAS, lying in the large planters in
City Plaza damages the vegetation;"
■ Delete the 9th whereas clause;
■ Amend the 12th whereas clause to add the word "currently" between the words "is
inadequate ";
■ Delete the 13th whereas clause;
■ Amend the 14th whereas clause to read, "and make some people feel intimidated
and fearful ";
• Amend the 16th whereas clause to eliminate the words "but rather" through
"economic vitality ";
• Amend the 17th whereas clause to change "compliments" to "complements ";
Marian Karr
From:
ingram1 @mchsi.com
Sent:
Wednesday, September 04, 2013 1:59 PM
To:
Council
Subject:
Ped Mall
Attachments:
Downtown Bench.jpg
I wanted to thank all of you for your hard work as city council people. I suppose the job is mostly thankless and requires
a great deal of patience.
I wanted to alert you to a problem I noticed today. Pat and I picked up lunch at NoDo and decided to eat outside in the
"contested" area of the ped mall. We had trouble finding a bench to use, not because of occupancy, but because of bird
droppings. Every bench that sits underneath a tree is, right now, a site for the birds to leave their waste. Please see
attached picture. I realize that this may be an episodic problem, but few people want to use a bench covered in bird
droppings.
At noon today, this area was occupied by two moms with babies, a group of five or so African - American men, a couple of
construction workers, two men dressed for business, two random women who looked to be in their thirties, and us.
Frank's grocery cart was there, and there was a woman selling jewelry. The three homeless folks about whom you might
be concerned were over in front of Java House.
I was troubled by the rhetoric of some of the speakers, talking about the ordinance as a "tool" to be used by the police
to deal with bad behavior. I thought that the ordinance would be enforced against all people using the downtown area,
not just as a mechanism for dealing with a subpopulation of ped mall users. As noted by my husband, Police Chief
Hagardine offered to deal with a person who had been pandhandling outside of the Formosa entrance by "screwing with
him" until he found another location. I don't think that this is what the Council envisions -- an ordinance that can be
used as a tool to screw with people so that they relocate to -- where? -- the Englert? The senior center? College Green
park? Iowa Book and Supply?
As I noted, you have ordinances against bad behavior (although not against cussing), and they don't appear to be
working as well as you had hoped. Another ordinance -- which doesn't address cussing -- is likely to be effective only to
the extent that it gives the enforcers the ability to harass people off the ped mall. I doubt that anyone is ever going to
stop me from sitting on a curb, plugging in my phone, or putting my feet up on a bench. The "tool" isn't necessary in my
case. Passing an ordinance against lying on benches isn't going to stop cussing, chest bumping, drug dealing, or any of
the other problems that have been alluded to, unless the ordinance is used selectively to keep picking at people who
you would rather be someone else's.
It feels like the new officer downtown is doing good work, and has made progress. Isn't it time to give him a chance to
see what he can do? The students are back, which brings a whole new dynamic to the downtown. Can't we wait to see if
that changes the behavior downtown? Once cold weather hits, the problems become different. It think you are trying to
get this done so that you can say you did something, and you are frustrated that there is no obvious solution; but
pursuing an ineffective policy, or a policy that pushes the issue to other areas of Iowa City, won't get the issue off your
desk. It just gives you a few months respite until you have to consider yet another ordinance for another part of the city
or for another kind of behavior.
Again, I appreciate your thoughtfulness on this issue, and I understand that you are in a difficult position.
Beth Ingram
8 Wrexham Drive
Iowa City, IA
319 - 331 -9076
Marian Karr
From: Kristin Johnson <sunshineariel99 @g mail. com>
Sent: Sunday, September 08, 2013 3:24 PM
To: Council
Subject: please do not pass the amendment about moving the homeless off of the ped -mall
Dear City Council, please do not pass the amendment criminalizing homelessness on the ped -mall. Please
instead appoint a city representative to the
Coalition on Homelessness which exists in Iowa City. And please research (to implement) the "Housing First"
approach which has been successfuly
adopted by other cities which has reduced homelessness, incarceration, drug use, and emergency
hospitalization. This means that if people have some
of their basic housing needs met, there is a much higher chance they will successfully get help in these areas
and the costs will go down per person for
the help the community is able to provide. Thank you very much. Kris Johnson
Marian Karr
From: Katherine Jones <katherinemaryjones @gmail.com>
Sent: Saturday, September 07, 2013 9:10 AM
To: Council
Subject: Proposed ordinance for downtown
City Council Members,
I oppose the proposed ordinance that will place further restrictions on "loiters" downtown. I believe this
ordinance will not be effective in making downtown a more friendly place and will only serve to further alienate
and harm Iowa City's homeless population without solving any root causes.
I am also very concerned about the fact that unattended personal property may be seized if the owner is not
within 20 feet of the property. This seems like a particularly damaging part of the ordinance, that would be
devastating for someone who is homeless.
Thank you Jim Throgmorton and Susan Mims for taking a stand against this ordinance. If the City Council
would like to help the homeless Iowa City residents, I suggest working with Shelter House to develop a non-
punitive solution. This ordinance does not reflect my values and I think would be a wrong step for the City of
Iowa City.
Sincerely,
Katherine Jones
Iowa City resident
4 i(-)
Marian Karr
From:
David Rust <headwave @aol.com>
Sent:
Friday, August 30, 2013 5:09 PM
To:
Council
Cc:
Tom Markus
Subject:
Kudos
We commend Officer Dave Schwindt for the community- service program he developed to
help clean up the ped mall. An approach that can build responsibility and respect is an
improvement over attempting to apply new ordinances that will alienate and divide. We have
observed Officer Schwindt as he patrols the downtown area. We can all learn from the open
and respectful manner he displays as he interacts with all citizens using the public space.
The Terry Trueblood Recreation Area is great! Thank you to you and everyone who
worked together to complete a wonderful addition to Iowa City.
Joy Smith & David Rust
i
M
Marian Karr
From:
Sent:
To:
Subject:
Attachments:
Dear Council Members:
Karen Nichols <karen @knichols.com>
Sunday, September 15, 2013 10:20 AM
Council
Letter regarding the downtown ordinance
City_ Council _Itr_downtown_ordinance.docx
Please see the attached letter for your consideration.
Warmest regards,
Karen Nichols
1737 F Street
Iowa City, IA 52240
319.321.8728
Dear City Council Members:
I am writing in reference to the ordinance currently before the Council that seeks to further
regulate use of the downtown area. The Ped Mall is a public space that should be available to
all. Yes, we have a right to regulate how that space is used. Indeed, we already have several
laws on the books against the more egregious behaviors being mentioned in connection to
some downtown dwellers. But attempts to drive our most vulnerable citizens out of these public
spaces for aesthetic reasons is quite disturbing.
The ordinance currently before the Council is not the first time the city has tried to regulate this
particular population's use of the downtown. In fact, a series of actions was taken in 2008 and
again in 2010. Once we begin criminalizing homelessness in small ways, where does it end?
This is not who we are. We can do better.
We should use the vast resources in this town to explore the root causes of homelessness and
transience in our community, as well as possible solutions, more deeply. The most compelling
reason to do so is that, both here and elsewhere, attempts to marginalize and criminalize
homelessness simply have not worked. The offending individuals have no money to pay the
fines levied against them, and our overcrowded jail has no room to house them should they
refuse to pay. While the option to perform community service may seem like a nice
accommodation, some of these citizens are just not capable of such work. A new ordinance
designed to drive these citizens out of the Ped Mall will simply move the problem elsewhere,
and in a few months you will be hearing similar complaints from businesses and residents in
other parts of the city.
Two solutions our community should consider:
Housing First
"Housing First" is based on the idea that basic needs, such as the need for shelter, be must be
met before people can deal with more complex mental health issues that might be harder to
address. Programs for the chronically homeless (about 27% of our homeless population), such
as Housing First, compliment the emergency shelter /transitional housing approach to moving
the homeless to independence. Many don't take advantage of Shelter House services because
they can't or won't follow requirements, such as sobriety checks. Housing First is based on the
idea that housing is a basic human right, regardless of one's mental health status. This
approach is being followed in 40 cities nationwide with positive results, and it is saving
taxpayers millions of dollars. Not everyone who spends time downtown is homeless, but some
are, and Housing First may be an option to explore.
Storage options
Since the storage of personal belongings is a concern, why not provide storage lockers in a
convenient location downtown? I took advantage of such lockers in major cities when
backpacking in Europe as a college student. Lockers could be useful to a broad spectrum of our
population — including students, holiday shoppers, and mothers of small children who might like
to store backpacks, packages, and kid gear while enjoying downtown —as well as the homeless.
The challenges of poverty and homelessness will not go away with the passing of the ordinance
before you. Even as our economy improves, the gap between rich and poor is increasing. As
government officials continue to believe we can budget -cut our way to prosperity, the most
vulnerable are losing access to services across our state and region. Our fine hospitals draw
them to our city in search of medical care.
I ask that the city work with the Johnson County Local Homeless Coordinating Council (LHCC)
to explore these issues in our community and to seek ideas beyond the band -aid solutions
we've been trying for the past several years. We need to do this now, before the problem
worsens, and we should recognize that a variety of approaches are likely to be needed.
Can we "save" everyone? No, the poor will always be with us. But perhaps we can help more
than we are currently helping, and we can certainly strive to treat all our citizens equally, with
dignity, respect, and compassion.
Sincerely,
Karen Nichols
1737 F Street
Iowa City, IA 52240
RECOMMENDED READING
1. Dying Not Under a Bridge, Nor Living in an ER,
http: / /www.theatlantic.com /health/ archive / 2013 /09 /dying- not - under -a- bridge- nor - living -in-
an-er/279481 /
2. More Cities Sweeping Homeless Into Less Prominent Areas,
http: / /www. npr. org/ 2013 /09/05/ 218891324/ more - cities - sweeping- homeless- into -less-
prominent -areas
3. Criminalizing Christ: The Nationwide Targeting of Homeless
http: / /soio. net/blogs/ 2013 /09/04 /criminalizing - christ- nationwide - targeting- homeless
4. Police Oppose Criminalizing Homelessness In Columbia, South Carolina
http: / /www. huffingtonpost.com/ 2013 /08/27/ criminalizing - homelessnes- columbia- south-
carolina n 3825052.html
Marian Karr
From: Philipskemp47 @aol.com
Sent: Sunday, September 15, 2013 8:47 PM
To: Council
Subject: PROPOSED ORDINANCES ON PED MALL BEHAVIOR
Dear Members of the City Council,
As a member of Trinity Episcopal church I am deeply concerned about the proposals before the City Council that further
regulate behavior downtown. I believe that the existing laws are sufficient to encourage good behavior by all. I would
encourage our City Council to look at our downtown through a different lens, not one that admits some and rejects others
based solely on outer appearance. Such an approach does not represent the values of Iowa City.
Instead, I would ask that the City, the Downtown District and other stakeholders look first at approaches that other
communities have taken to address the underlying causes of these behaviors -such as homelessness, substance abuse,
mental illness. The National Alliance to End Homelessness has highlighted what many communities have done to resolve
these problems. In Denver, the city created a Mayor's Commission on Homelessness. There, the downtown business
owners participated in the Commission and contributed towards solutions. They created a public non - profit agency to co-
ordinate their approach and raised $46 million of private funds from business owners, philanthropists and community
leaders to implement these solutions.
Trinity members are active in the Agape Cafe — a Jubilee Ministry sponsored by the Diocese of Iowa and Episcopal
Campus Ministries. Through this program, which has served people for over 20 years, the church has had the opportunity
to recognize the humanity and value of each individual regardless of their income status or living arrangements. When
given the resources and opportunities to contribute to the community they do so in positive ways: orienting new comers to
the way the cafe works, returning to the cafe to volunteer ,and donating to the cafe. I expect that the same could be true
in the downtown area with appropriate resources.
Homelessness and poverty are issues that affects the whole community and they require a solution that involves the
community, rather than ordinances that merely displace and disguise the problem.
Sincerely,
Phil Kemp
Reference - National Alliance to End Homelessness - http: / /www.endhomelessness.org /pages /solutions
0' /d
Marian Karr
From: Peyton, Miranda A <miranda- peyton @uiowa.edu>
Sent: Tuesday, September 17, 2013 10:11 AM
To: Council
Subject: Asking for donations
Hello my name is Miranda Peyton and I am a music therapy major at the University of Iowa. I am emailing you in regards
to the new law in effect, that puts a stop to music being played on the street. I understand there is a big issue with
panhandelers asking for money, I experience it every day I walk past that particular group. But I would have to say there
is a big difference from them and the musicians that are playing on the street. I don't necessarily play on the street for
money, but the music therapy club was planning on playing on the street to raise money for the club. I feel like when a
musician is playing and has their case open, we are not asking for money. We are simply playing our music, and if
someone throws in a dollar because the music puts a smile on their face, then so be it. I remember one of my music
teachers saying how Iowa City's streets used to be full of musicians. I honestly feel like you are putting a big restraint on
some of the culture of Iowa City. I ask you, for all the musicians in Iowa City, to somehow re- evaluate this newly made
law.
Thank you,
Miranda Peyton
-4 /e7
Marian Karr
From: Ritu Jain <rjtextiles @gmail.com>
Sent: Tuesday, September 17, 2013 2:17 PM
To: Council
Subject: 3rd Reading
As a downtown business owner I am hoping the new Ped Mall ordinances pass tonight. I have had my business
on the Ped Mall for 22 years and have never felt uncomfortable or threatened until this past year. The behavior
on the ped mall has gotten aggressive, abusive and feels unsafe. It feels like a handful of people are holding
the rest of downtown hostage just by their behavior. These ordinances are not suggesting anyone be excluded
from the ped mall, but is an effort to make it for friendly and inclusive. It's time to make downtown safe and
friendly again.
Sincerely,
Ritu Jain
Textiles Inc.
109 S. Dubuque St.
Iowa City, IA 52240
319 - 339 -0410
_11L /b
From Council Member Throgmorton 9 -17 -2013
Amendments to the Draft Ordinance Regulating Behavior in the
Downtown and Related Motions as Proposed
on September 17, 2013
I move that we make the following "non- substantive" amendments to Item 10, the
proposed ordinance relating to personal possessions and behavior on the Ped Mall:
Add the following four WHEREAS clauses:
• "WHEREAS, the City recognizes that the problems associated with homelessness
and transience (such as mental illness, drug addiction and alcoholism) are neither
unique to Iowa City nor completely within the powers of the City to solve ";
• "WHEREAS, the City is committed to treating all people with dignity, respect,
compassion, and justice ";
• "WHEREAS, the City recognizes that public spaces are sites of interaction
between people with differing values and standards of proper dress and behavior ";
• "WHEREAS, the City has an interest in achieving voluntary compliance with the
provisions of this ordinance and achieving such compliance through a `serve and
protect' community policing approach."
Make the following additional changes:
■ Delete from the 7th whereas clause the words "and is not aesthetically pleasing ";
■ Change the 8th whereas clause to read: "WHEREAS, lying in the large planters in
City Plaza damages the vegetation;"
■ Delete the 9th whereas clause;
■ Amend the 12th whereas clause to add the word "currently" between the words "is
inadequate ";
■ Delete the 13th whereas clause;
■ Amend the 14th whereas clause to read, "and make some people feel intimidated
and fearful";
■ Amend the 16th whereas clause to eliminate the words "but rather" through
"economic vitality ";
■ Amend the 17th whereas clause to change "compliments" to "complements ";
From Council Member Throgmorton 9 -17 -2013
The following two motions assume that the ordinance will be adopted, and would be
made immediately after its adoption:
I move that we instruct staff not to enforce the personal possessions provisions of the
ordinance until a location for safe, secure, and accessible temporary storage of personal
possessions is provided.
I further move that we acknowledge receipt of the Johnson County Local Homeless
Coordinating Board's (LHCB's) recent working paper concerning the "Housing First"
option and the Frequent User Service Enhancement, or FUSE, model; and that we direct
the staff to assist the LHCB in developing the details of how Housing First and the FUSE
model can best be applied to the problem of homelessness and associated ills in Iowa
City.
12
Prepared by: Marian K. Karr, City Clerk, 410 E Washington St, Iowa City, IA 52240 (319- 356 -5041)
ORDINANCE NO. 13 -4555
AN ORDINANCE AMENDING TITLE 8, POLICE REGULATIONS, CHAPTER 8, POLICE
CITIZENS REVIEW BOARD, BY REPEALING CHAPTER 8 IN ITS ENTIRETY AND
REPLACING IT WITH A NEW CHAPTER 8, CITIZENS POLICE REVIEW BOARD
WHEREAS, the City Council adopted Ordinance 97 -3792 in 1997 which created the Police
Citizens Review Board ( "PCRB ") to assure that investigations into claims of police misconduct
are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the Police Department as a whole, by having a
review process for Police Department investigations into complaints; and
WHEREAS, the PCRB has made recommendations including the renaming of the Board and
various other recommendations to improve the education and complaint processes; and
WHEREAS, the Ad Hoc Diversity Committee has reviewed the recommendations and made
additional recommendations; and
WHEREAS, the City Council adopted Resolution 13 -217 approving the staff recommendations
for implementation of various recommendations made by Ad Hoc Diversity Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as
follows:
A. By repealing Chapter 8, "Police Citizens Review Board," and substituting in lieu
thereof a new Chapter 8, "Citizens Police Review Board" attached hereto and
incorporated herein by this reference.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions
of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage,
approval and publication.
Passed and approved this 17th day of September 2013.
AT, .�! 1
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s /perb: Repealinginenti retydraft.doc
ATTEST: / % J(-
CITY CtERK
Ordinance No. 13 -4555
Page 3
It was moved by Mims and seconded by Payne that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
NAYS:
ABSENT:
Champion
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
First Consideration 9/03/2013
Voteforpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne,
Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 91261 2013
Moved by Mims, seconded by Dobyns, that the rile requiring ordinances
considered and voted on for passage at two Council meetings prior to
meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for
passaee at thiG time. AYES: Throgmorton, Champion-, Dickens,-Dobyns,
Mims, Payne. NAYES: None. ABSENT: None.
to be
the
final
Hayek,
8 -8 -1: CREATION OF POLICE CITIZENS REVIEW BOARD:
As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city
created the police citizens review board which shall be known as the citizens police review board
(hereinafter "board "), subject to the duties and limited powers set forth herein. (Ord. 07 -4296, 12 -11-
2007)
8 -8 -2: INTENT, GOALS AND GUIDING PRINCIPLES: It
A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a
manner which is fair, thorough, and accurate.
B. An annual reporting system regarding complaints against sworn police officers will be established to
give the city council sufficient information to assess the overall performance of the Iowa City police
department in these matters.
C. Citizens may make a formal written complaint to either the board or the Iowa City police department. In
accordance with this chapter the board shall process only those complaints filed with the board but
will receive reports from the police chief briefly describing the nature of the allegations made in formal
written complaints filed with the police department and the disposition of the same.
D. The board will:
1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police
officers with either the board or the Iowa City police department.
2. Provide oversight of police investigations through review of such investigations.
3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the
board are critical of the police officer, as required by constitutional law, and give the police officer the
opportunity to present testimony and evidence.
4. Issue a final public report to the city council on each complaint to the board which sets forth factual
findings and a written conclusion which explains why and the extent to which the complaint is either
"sustained" or "not sustained ".
E. The board shall have no authority over police disciplinary matters because only the police chief or city
manager may impose discipline under Iowa law.
F. No findings in the board's report shall be used in any other legal proceeding.
G. The board shall only review the conduct of sworn Iowa City police officers and shall only act in a civil,
not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other
litigation process. No action of the board shall be deemed to diminish or limit the right of any person
to file a claim or a lawsuit against the city.
H. A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal
knowledge" means the complainant was directly involved in the incident or witnessed the incident. If
the person with personal knowledge is underage or otherwise unable to complete a complaint form,
the complaint may be filed by such person's designated representative. The city manager, the police
chief, the city council, or the board may file a complaint to the board based upon a reasonable belief
that police misconduct has occurred regardless of personal knowledge.
I. In order to assure that people feel confident in the complaint process, nonpolice city staff shall be
available at a public location other than the police department to receive complaints, although
complaints may also be filed at the police department.
J. The board shall not interfere with or diminish the legal rights of sworn police officers, including those
rights protected under the union contract, civil service commission, and state and federal law.
Similarly, the board shall respect the rights of privacy and freedom from defamation shared by
complainants and witnesses, as well as those same rights enjoyed by police officers under the law.
K. The city council finds that internal accountability within the police department is a valid legislative
purpose, and one method of accomplishing such internal accountability is to have the police do their
own investigations into claims of inappropriate police conduct. If a complaint is asserted against the
police chief, the city manager will investigate the claim and report to the board and the city council.
L. Investigation of all formal complaints to the board is a mandatory duty of the police chief, and a report
of each complaint investigation shall be given to the board. Such reports to the board shall include the
factual findings of the police chief as well as a written conclusion explaining why and the extent to
which a complaint is either "sustained" or "not sustained ". However, such reports shall not include
discipline or other personnel matters. If the police chief and the city manager find the police officer's
actions constitute misconduct and discipline is imposed by the police chief or city manager, the
internal affairs investigation may become a public record to be released by the city attorney to the
extent provided by law.
M. In order to assure external accountability of the actions of the police department, the police chief shall
provide the board with a report at least quarterly of all formal complaints filed directly with the police
department, which report shall state the date and location of the incident and a brief description of the
nature of the allegation and the disposition of the complaint.
N. External accountability will further be provided by the board's maintenance of a central registry of all
formal complaints. In addition to the central registry, the board shall provide an annual report to the
city council, which report shall be public and shall set forth the general types and numbers of
complaints, how they were resolved, demographic information, and recommendations as to how the
police department may improve its community relations or be more responsive to community needs.
(Ord. 01 -3976, 7 -10 -2001)
O. The board shall hold at least one community forum each year for the purpose of hearing citizens'
views on the policies, practices and procedures of the Iowa City police department, review police
practices, procedures, and written policies as those practices and procedures relate to the police
department's performance as a whole, and report their recommendations, if any, to the city council,
city manager and police chief. (Ord. 07 -4296, 12 -11 -2007)
8 -8 -3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN
GENERAL:TJ
A. A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ( "police
officer" or "officer ") employed by the Iowa City police department, where the complained of activity
occurred while the officer was acting in the capacity of a sworn police officer.
B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the
board. In order to have "personal knowledge ", the complainant must have been directly involved in
the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise
unable to complete a complaint form, the complaint may be filed by such person's designated
representative. The city manager, the police chief, the city council or the board itself may file a
complaint based on a reasonable belief that police misconduct has occurred regardless of personal
knowledge. The person or official filing the complaint may hereafter be referred to as the
"complainant ".
C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms
shall be available to the public in easily accessible locations, and nonpolice staff shall be available to
receive the complaint forms. Assistance may be available to complete the form as designated by the
board.
D. All complaints to the board must be filed with the city clerk within ninety (90) days of the alleged
misconduct.
E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police
officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary
dismissal by the board. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -4: RESERVED:
8 -8 -5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY
DUTIES; CITY MANAGER INVESTIGATORY DUTIES:
A. RESERVED
B. Investigation: It shall be the mandatory duty of the police chief to do the following:
1. Prior to investigation of any board complaint, the police chief shall first give Garri and Gardner
advice to all police officers implicated in the complaint, as required by constitutional law. This means
the officer cannot be required to waive the officer's constitutional right against self- incrimination.
However, the officer may be required to answer questions during the investigation as a condition of
the officer's employment, but any admissions made by the officer cannot be used against the officer
in a criminal proceeding.
2. RESERVED
3. Assign the complaint to designated investigators within the police department for investigation into
the factual allegations of the complaint.
4. The complainant shall be interviewed by the police department and shall be entitled to have a
neutral city staff person or some other person chosen by the complainant present during the
interview. The police officer is entitled to have a union steward present during any interviews. The
City Manager will participate in the interview process with the officers involved in the complaint. A
review of the City Manager's involvement under this provision will be done in two years to ensure
the practice is producing its intended purpose.
5. Investigators will prepare and forward a report of their investigation to the police chief, and shall
make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written
conclusion which explains why and the extent to which the complaint is either "sustained" or "not
sustained ".
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is
commenced or is being contemplated by or against any party to the complaint, the police department,
the police chief and /or the board shall consult with the city attorney and /or the board's own attorney
on a case by case basis, to determine whether and how the investigation of the complaint should
proceed.
D. Complaints Against Police Chief: If a board complaint is filed concerning the police chiefs conduct, the
city manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the police chief or the city manager from
taking disciplinary action prior to the board's review of the complaint. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORT
TO BOARD:
A. The police chief shall receive the designated investigator's report within the time frame indicated by the
police chief. The police chief shall conduct a review of the investigators' report, and may do any or all
of the following: conduct interviews or request the police investigators to conduct additional
investigations; request additional information, or that additional questions be asked; interview or direct
that other persons or witnesses be interviewed; request that other documents be reviewed and /or
retrieved; and any other investigative matters the police chief deems appropriate.
B. The police chief will consult with the city personnel administrator and the city attorney prior to finalizing
the police chiefs report to the board, and shall then forward this report to the board, which shall
include the following:
1. Detailed written findings of fact concerning the allegations in the complaint;
2. A written conclusion which explains why and the extent to which the complaint is either "sustained" or
"not sustained "; and
3. Recommended remedial actions, if any, including amending current policies or adopting new policies.
C. The police chiefs report to the board shall not include discipline or personnel matters.
D. A copy of the police chiefs report to the board shall be given to the police officer, the complainant, and
the city manager. If the complaint concerns the police chief, copies of the city manager's report to the
board shall be given to the police chief, the complainant, and the city council. (Ord. 01 -3976, 7 -10-
2001)
E. The police chiefs report to the board shall be completed within ninety (90) calendar days after the
complaint is filed. The board will grant extensions from this deadline for good cause shown. (Ord. 07-
4260, 5 -1 -2007)
F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience
and embarrassment to all parties, including the complainant, the police officer, and other witnesses.
G. If a complaint is filed concerning the police chief, the city manager's report shall include the same
findings of fact and conclusions as required for the police chiefs report to the board. (Ord. 01 -3976,
7 -10 -2001)
8 -8 -7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL
DUTIES:
A. Complaints: The board shall forward copies of all complaints received to the police chief for
investigation; or where the complaint concerns the police chief, forward a copy of the complaint to the
city manager for investigation. A copy of all complaints shall be forwarded to the Equity Director.
B. Review Of Police Chiefs Report Or City Manager's Report:
1. The board shall review all police chiefs reports and city manager's reports concerning complaints. The
board shall decide, on a simple majority vote, the level of review to give each police chiefs or city
manager's report, and the board may select any or all of the following levels of review:
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief or city manager, or request police assistance in the
board's own investigation. (Ord. 01 -3976, 7 -10 -2001)
e. Perform its own investigation with the authority to subpoena witnesses. (Ord. 07 -4296, 12 -11 -2007)
f. Hire independent investigators.
2. The board shall apply a "reasonable basis" standard of review when reviewing the police chiefs or city
manager's report. This requires the board to give deference to the police chiefs or city manager's report
because of the police chiefs and city manager's respective professional expertise. The board may
recommend that the police chief or city manager reverse or modify their findings only if:
a. The findings are not supported by substantial evidence;
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state, or local law.
If, in accordance with said standard, the board affirms the decision of the police chief or city manager with
respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police
practices, policies, or procedures, it may so comment in its report to the city council. If such comments
are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to
subsection 134 of this section. When collecting and reviewing additional evidence, the board shall rely on
evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious
affairs.
3. At the conclusion of the board's review, the board shall issue a public report to the city council concerning
the complaint investigation. Such public report shall include detailed findings of fact concerning the
complaint, together with a clearly articulated conclusion which explains why and the extent to which the
complaint is "sustained" or "not sustained ". If the complaint is "not sustained ", the public report shall not
include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board
may include the names of the complainant(s) and /or the police officer(s) if it determines that the public
interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and /or
police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons
for such determination. The board shall notify the person(s) whose name(s) it intends to disclose, the city
attorney and the police chief (or city manager if the police chief is the subject of the complaint), of its
intent to make such disclosure by confidential written communication sent by regular mail or hand
delivery at least ten (10) working days prior to such disclosure. In addition, the board's public report shall
not include any discipline or personnel matters, although the board may comment generally as to whether
the board believes discipline is appropriate without commenting on the extent or form of the discipline. A
copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the
police chief, equity director, and the city manager.
4. The board shall not issue a report which is critical of the sworn police officer's conduct until after a "name
clearing hearing" has been held, consistent with constitutional due process law. The board shall give
notice of such hearing to the police officer so that the officer may testify before the board and present
additional relevant evidence. The board shall be responsible for protection of all state and federal rights
enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the
board.
5. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a
hearing to the officer, but the board may hold hearings as deemed appropriate by the board.
6. The board's report to the city council shall be completed within ninety (90) calendar days of receipt of the
chiefs or city manager's report. The city council may grant requests for extensions to this deadline upon
good cause shown.
7. Nothing in this chapter shall in any way impede or interfere with the police chiefs and the city manager's
lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability
to impose discipline as deemed appropriate by the police chief or city manager.
8. No findings or report submitted to the board or prepared by the board shall be used in any other
proceedings.
C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa City police
department.
2. Collect data and do an annual report to the city council which shall be public and shall set forth the
general types and numbers of complaints, disposition of the complaints, the discipline which was
imposed, if any, and demographic information. This annual report shall not include the names of the
complainants or officers involved in complaints which were not sustained, and shall otherwise be in a
form which protects the confidentiality of the parties while providing the public with information on the
overall performance of the police department. The board's annual report may also include recommended
changes in police practices, policies or procedures. The annual report will also include data derived from
the exit survey tool developed for the complainant to provide staff and the public with perceptions of the
process. (Ord. 01 -3976, 7 -10 -2001)
3. In addition to the annual report, the board shall report to the city council, from time to time, on police
practices, procedures and policies, including recommended changes, if appropriate, and hold at least one
community forum each year for the purpose of hearing citizens' views on the policies, practices and
procedures of the Iowa City police department. (Ord. 07 -4296, 12 -11 -2007)
4. The board shall adopt procedural rules and bylaws governing the board's activities, including the receipt
and processing of complaints, and such procedural rules and bylaws shall be approved by the city
council. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -8: BOARD COMPOSITION; LIMITED POWERS OF BOARD: It
A. Board Composition:
The board shall consist of five (5) members appointed by the city council, who shall be Iowa City eligible
electors and shall serve without compensation. The city council shall strive to appoint members who
represent the diversity of the community. Appointments to the board shall include one current or former
"peace officer" as that term is defined by state law, except that a peace officer employed as such by the
city of Iowa City within five (5) years of the appointment date shall not be appointed to the board. The city
council reserves the right to waive the residency requirement for good cause shown. The city council also
reserves the right, for good cause shown, to waive the requirement that the board include one current or
former peace officer. (Ord. 03 -4096, 9 -9 -2003)
2. Following final adoption and publication of the ordinance codified herein, the city council shall appoint
members to the board for staggered terms. All appointments shall be for a four (4) year term, except for
the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term.
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms.
3. Training shall be available to all board members to enable them to perform the duties imposed herein,
including training on Iowa's public records and open meetings laws.
B. Limited Powers: The board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the board, the board may file a complaint.
2. The board shall decide the level of review to give the police chiefs or city manager's report by a simple
majority vote of all members of the board. (Ord. 01 -3976, 7 -10 -2001)
3. The board has no power to review police officer personnel records or disciplinary matters except to the
extent such matters are made public by the city attorney or are the subject of an enforceable subpoena.
(Ord. 07 -4296, 12 -11 -2007)
4. The board has only limited civil, administrative review powers, and has no power or authority over
criminal matters. The board is not a court of law, and is not intended to substitute as a tort claims
procedure or as litigation against the city.
5. If criminal charges are brought or are being considered against a particular police officer(s), the board's
review or investigation may proceed with interviewing other officers or witnesses, or collecting
documents, as appropriate. Any statements given by an officer who is subject to criminal investigation
cannot later be used against the officer in a criminal proceeding, as provided under the fifth amendment
to the U.S. constitution, unless such constitutional right is waived.
6. The board may obtain outside counsel and independent investigators in order to carry out the board's
duties.
7. The board may request that the city council hold general public informational hearings concerning police
department practices, procedures or written policies. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS
PRESERVED:
A. All rights enjoyed by sworn police officers employed by the city are preserved in this chapter, and
nothing herein is intended to waive, diminish or interfere with any such rights protected by the union
contract, Iowa's civil service commission laws and other applicable state and federal laws.
B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from
defamation, shall be protected during the process set out in this chapter, and it shall be the board's
duty to protect said rights.
C. Notwithstanding the above provisions, no board member shall be liable to any person for damages or
equitable relief by reason of any investigation or recommendation or report made by either a board
member or by the board itself. (Ord. 97 -3792, 7- 15- 1997)
8 -8 -10: COUNCIL REVIEW: fJ
(Rep. by Ord. 07 -4291, 10 -16 -2007)
8 -8 -11: TIME COMPUTATION:
In computing time under this chapter, the first day shall be excluded and the last included, unless the last
falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the
following Monday. However, when the last day for the filing of a complaint or the completion of a report
falls on a Saturday or Sunday, or a day on which the office of the city clerk is closed due to a city holiday,
the time shall be extended to include the next day on which the office of the clerk is open to receive the
filing of a complaint or the report. (Ord. 99 -3877, 4 -20 -1999)
I�,_
Excerpt from August 12, 2013 PCRB meeting
OLD BUSINESS Council Resolution #13 -217 regarding staff review of Ad -Hoc
Diversity Committee Recommendations (PCRB pages 11-16)-
Karr explained that the information in the packet were the red -lined
versions of the proposed going to the City Council and that Karr
and Bowers were there to answer any questions. Pugh asked
whether 8- 8- 7B(1)(c) of the City Code should be removed since the
Board does not have the power to make the officer(s) meet with
them. Karr said she would talk with City Attorney's office regarding.
King questioned, and the Board agreed, if section I. Complaint
Process, 135(b)(4) of the Standard Operating Procedures should be
omitted, since the Board can only review complaints against a
sworn Iowa City police officer. Karr will follow up with the City
Attorney's office. Karr also gave an overview of the timeline of the
documents going to Council for approval.
Treloar and the Board thanked Botchway for his commitment while
serving on the Board. Botchway left meeting (6:11 PM)
Holiday introduced herself to the Board and commented on the
accessibility of information on the City website. Karr stated that the
City is doing a City wide overhaul of the website and providing
more information on Twitter and Facebook. Improvements have
been made, but the Board /City is always looking for suggestions.
Porter also commented the various locations that information is
now available. Karr suggested Holiday follow up with the City
Clerk's office.
King asked if the Ordinance could be expedited. Karr explained the
process for an ordinance and that the Board could request
expedited action if it chose to.
Moved by King, seconded by Porter to recommend to Council and
request the CPRB ordinance be expedited. Motion carried, 4/0,
Botchway absent.
PIZ
8 -8 -1: CREATION OF POLICE CITIZENS REVIEW BOARD -C
As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city
createds the police citizens review board which shall be known as the citizens police review board
(hereinafter "board "), subject to the duties and limited powers set forth herein. (Ord. 07 -4296, 12 -11-
2007)
8 -8 -2: INTENT, GOALS AND GUIDING PRINCIPLES:C
A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a
manner which is fair, thorough, and accurate.
B. An annual reporting system regarding complaints against sworn police officers will be established to
give the city council sufficient information to assess the overall performance of the Iowa City police
department in these matters.
C. Citizens may make a formal written complaint to either the board or the Iowa City police department. In
accordance with this chapter the board shall process only those complaints filed with the board but
will receive reports from the police chief briefly describing the nature of the allegations made in formal
written complaints filed with the police department and the disposition of the same.
D. The board will:
Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police
officers with either the board or the Iowa City police department.
2. Provide oversight of police investigations through review of such investigations.
3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the
board are critical of the police officer, as required by constitutional law, and give the police officer the
opportunity to present testimony and evidence.
4. Issue a final public report to the city council on each complaint to the board which sets forth factual
findings and a written conclusion which explains why and the extent to which the complaint is either
"sustained" or "not sustained ".
E. The board shall have no authority over police disciplinary matters because only the police chief or city
manager may impose discipline under Iowa law.
F. No findings in the board's report shall be used in any other legal proceeding.
G. The board shall only review the conduct of sworn Iowa City police officers and shall only act in a civil,
not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other
litigation process. No action of the board shall be deemed to diminish or limit the right of any person
to file a claim or a lawsuit against the city.
H. A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal
knowledge" means the complainant was directly involved in the incident or witnessed the incident. If
the person with personal knowledge is underage or otherwise unable to complete a complaint form,
the complaint may be filed by such person's designated representative. The city manager, the police
chief, the city council, or the board may file a complaint to the board based upon a reasonable belief
that police misconduct has occurred regardless of personal knowledge.
I. In order to assure that people feel confident in the complaint process, nonpolice city staff shall be
available at a public location other than the police department to receive complaints, although
complaints may also be filed at the police department. FORnal mediaties shall be available to the
G9FRpIaiRant(s) and the p9line OAGedol at any time d . g the n
J. The board shall not interfere with or diminish the legal rights of sworn police officers, including those
rights protected under the union contract, civil service commission, and state and federal law.
Similarly, the board shall respect the rights of privacy and freedom from defamation shared by
complainants and witnesses, as well as those same rights enjoyed by police officers under the law.
K. The city council finds that internal accountability within the police department is a valid legislative
purpose, and one method of accomplishing such internal accountability is to have the police do their
own investigations into claims of inappropriate police conduct. If a complaint is asserted against the
police chief, the city manager will investigate the claim and report to the board and the city council.
L. Investigation of all formal complaints to the board is a mandatory duty of the police chief, and a report
of each complaint investigation shall be given to the board. Such reports to the board shall include the
factual findings of the police chief as well as a written conclusion explaining why and the extent to
which a complaint is either "sustained" or "not sustained ". However, such reports shall not include
discipline or other personnel matters. If the police chief and the city manager find the police officer's
actions constitute misconduct and discipline is imposed by the police chief or city manager, the
internal affairs investigation may become a public record to be released by the city attorney to the
extent provided by law.
M. In order to assure external accountability of the actions of the police department, the police chief shall
provide the board with a report at least quarterly of all formal complaints filed directly with the police
department, which report shall state the date and location of the incident and a brief description of the
nature of the allegation and the disposition of the complaint.
N. External accountability will further be provided by the board's maintenance of a central registry of all
formal complaints. In addition to the central registry, the board shall provide an annual report to the
city council, which report shall be public and shall set forth the general types and numbers of
complaints, how they were resolved, demographic information, and recommendations as to how the
police department may improve its community relations or be more responsive to community needs.
(Ord. 01 -3976, 7 -10 -2001)
O. The board shall hold at least one community forum each year for the purpose of hearing citizens'
views on the policies, practices and procedures of the Iowa City police department, review police
practices, procedures, and written policies as those practices and procedures relate to the police
department's performance as a whole, and report their recommendations, if any, to the city council,
city manager and police chief. (Ord. 07 -4296, 12 -11 -2007)
8 -8 -3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN
GENERAL:
A. A "complaint to the board" " is an allegation of misconduct lodged against a sworn
police officer ( "police officer" or "officer ") employed by the Iowa City police department, where the
complained of activity occurred while the officer was acting in the capacity of a sworn police officer.
B. Any person with personal knowledge of the alleged police misconduct may file a PQRB complaint with
the board. In order to have "personal knowledge ", the complainant must have been directly involved
in the incident or witnessed the incident. If the person with personal knowledge is underage or
otherwise unable to complete a P-GRB- complaint form, the P-GRB complaint may be filed by such
person's designated representative. The city manager, the police chief, the city council or the board
itself may file a PCRB complaint based on a reasonable belief that police misconduct has occurred
regardless of personal knowledge. The person or official filing the P--CRB complaint may hereafter be
referred to as the "complainant ".
C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms
shall be available to the public in easily accessible locations, and nonpolice staff shall be available to
receive the complaint forms. Assistance may be available to complete the form as designated by the
board.
D. All complaints to the board must be filed with the city clerk within ninety (90) days of the alleged
misconduct.
E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police
officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary
dismissal by the board. (Ord. 01 -3976, 7 -10 -2001)
00004911100" W,
8 -8 -5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY
DUTIES; CITY MANAGER INVESTIGATORY DUTIES: V)
FAI
B. Investigation: It shall be the mandatory duty of the police chief to do the following:
Prior to investigation of any P(SRB board complaint, the police chief shall first give Gard and
Gardner advice to all police officers implicated in the complaint, as required by constitutional law.
This means the officer cannot be required to waive the officer's constitutional right against self -
incrimination. However, the officer may be required to answer questions during the investigation as
a condition of the officer's employment, but any admissions made by the officer cannot be used
against the officer in a criminal proceeding.
2. Notify the GornplainaRt and the police officer who is the subject of the GOmplaint that formal
mediation is available at any time during the police department's investigation and the board's
se. RESERVED
3. Assign the PCRI3 complaint to designated investigators within the police department for
investigation into the factual allegations of the complaint.
4. The complainant shall be interviewed by the police department and shall be entitled to have a
neutral city staff person or some other person chosen by the complainant present during the
interview. The police officer is entitled to have a union steward present during any interviews. The
City Manager will participate in the interview process with the officers involved in the complaint. A
review of the City Manager's involvement under this provision will be done in two years to ensure
the practice is producing its intended purpose.
5. Investigators will prepare and forward a report of their investigation to the police chief, and shall
make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written
conclusion which explains why and the extent to which the complaint is either "sustained" or "not
sustained ".
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the PCRRcomplaint is
commenced or is being contemplated by or against any party to the complaint, the police department,
the police chief and /or the board shall consult with the city attorney and /or the board's own attorney
on a case by case basis, to determine whether and how the investigation of the PCB complaint
should proceed.
D. Complaints Against Police Chief: If a PCRB board complaint is filed concerning the police chiefs
conduct, the city manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the police chief or the city manager from
taking disciplinary action prior to the board's review of the complaint. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORT
TO BOARD: C
A. The police chief shall receive the designated investigator's report within the time frame indicated by the
police chief. The police chief shall conduct a review of the investigators' report, and may do any or all
of the following: conduct interviews or request the police investigators to conduct additional
investigations; request additional information, or that additional questions be asked; interview or direct
that other persons or witnesses be interviewed; request that other documents be reviewed and /or
retrieved; and any other investigative matters the police chief deems appropriate.
B. The police chief will consult with the city personnel administrator and the city attorney prior to finalizing
the police chiefs report to the board, and shall then forward this report to the board, which shall
include the following:
1. Detailed written findings of fact concerning the allegations in the PSR-B-complaint;
2. A written conclusion which explains why and the extent to which the PCRE3 complaint is either "sustained"
or "not sustained'; and
3. Recommended remedial actions, if any, including amending current policies or adopting new policies.
C. The police chiefs report to the board shall not include discipline or personnel matters.
D. A copy of the police chiefs report to the board shall be given to the police officer, the complainant, and
the city manager. If the PGRR complaint concerns the police chief, copies of the city manager's
report to the board shall be given to the police chief, the complainant, and the city council. (Ord. 01-
3976, 7 -10 -2001)
E. The police chiefs report to the board shall be completed within ninety (90) calendar days after the
P-GRI3 complaint is filed. The board will grant extensions from this deadline for good cause shown.
(Ord. 07 -4260, 5 -1 -2007)
All investigations shall be performed in a manner designed to produce a minimum of inconvenience
and embarrassment to all parties, including the complainant, the police officer, and other witnesses.
G. If a PGRR complaint is filed concerning the police chief, the city manager's report shall include the
same findings of fact and conclusions as required for the police chiefs report to the board. (Ord. 01-
3976, 7 -10 -2001)
8 -8 -7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL
DUTIES: t
A. Complaints: The board shall forward copies of all PGRB complaints received to the police chief for
investigation; or where the PCRR complaint concerns the police chief, forward a copy of the PGRB
complaint to the city manager for investigation. A copy of all complaints shall be forwarded to the
Equity Director.
B. Review Of Police Chiefs Report Or City Manager's Report:
1. The board shall review all police chiefs reports and city manager's reports concerning PGRR complaints.
The board shall decide, on a simple majority vote, the level of review to give each police chiefs or city
manager's report, and the board may select any or all of the following levels of review:
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief or city manager, or request police assistance in the
board's own investigation. (Ord. 01 -3976, 7 -10 -2001)
e. Perform its own investigation with the authority to subpoena witnesses. (Ord. 07 -4296, 12 -11 -2007)
f. Hire independent investigators.
2. The board shall apply a "reasonable basis" standard of review when reviewing the police chiefs or city
manager's report. This requires the board to give deference to the police chiefs or city manager's report
because of the police chiefs and city manager's respective professional expertise. The board may
recommend that the police chief or city manager reverse or modify their findings only if:
a. The findings are not supported by substantial evidence;
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state, or local law.
If, in accordance with said standard, the board affirms the decision of the police chief or city manager with
respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police
practices, policies, or procedures, it may so comment in its report to the city council. If such comments
are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to
subsection B4 of this section. When collecting and reviewing additional evidence, the board shall rely on
evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious
affairs.
3. At the conclusion of the board's review, the board shall issue a public report to the city council concerning
the PGRR complaint investigation. Such public report shall include detailed findings of fact concerning the
PGRB complaint, together with a clearly articulated conclusion which explains why and the extent to
which the complaint is "sustained" or "not sustained ". If the complaint is "not sustained ", the public report
shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained"
the board may include the names of the complainant(s) and /or the police officer(s) if it determines that the
public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s)
and /or police officer(s). Said determination shall be made in writing and shall state, in detail, the board's
reasons for such determination. The board shall notify the person(s) whose name(s) it intends to disclose,
the city attorney and the police chief (or city manager if the police chief is the subject of the complaint), of
its intent to make such disclosure by confidential written communication sent by regular mail or hand
delivery at least ten (10) working days prior to such disclosure. In addition, the board's public report shall
not include any discipline or personnel matters, although the board may comment generally as to whether
the board believes discipline is appropriate without commenting on the extent or form of the discipline. A
copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the
police chief, equity director, and the city manager.
4. The board shall not issue a report which is critical of the sworn police officer's conduct until after a "name
clearing hearing" has been held, consistent with constitutional due process law. The board shall give
notice of such hearing to the police officer so that the officer may testify before the board and present
additional relevant evidence. The board shall be responsible for protection of all state and federal rights
enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the
board.
5. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a
hearing to the officer, but the board may hold hearings as deemed appropriate by the board.
6. The board's report to the city council shall be completed within ferty-five (46) ninety (90) calendar days of
receipt of the chiefs or city manager's report. The city council may grant requests for extensions to this
deadline upon good cause shown.
7. Nothing in this chapter shall in any way impede or interfere with the police chiefs and the city manager's
lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability
to impose discipline as deemed appropriate by the police chief or city manager.
8. No findings or report submitted to the board or prepared by the board shall be used in any other
proceedings.
C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa City police
department.
2. Collect data and do an annual report to the city council which shall be public and shall set forth the
general types and numbers of complaints, disposition of the complaints, the discipline which was
imposed, if any, and demographic information. This annual report shall not include the names of the
complainants or officers involved in complaints which were not sustained, and shall otherwise be in a
form which protects the confidentiality of the parties while providing the public with information on the
overall performance of the police department. The board's annual report may also include recommended
changes in police practices, policies or procedures. The annual report will also include data derived from
the exit survey tool developed for the complainant to provide staff and the public with perceptions of the
process. (Ord. 01- 3976, 7 -10 -2001)
3. In addition to the annual report, the board shall report to the city council, from time to time, on police
practices, procedures and policies, including recommended changes, if appropriate, and hold at least one
community forum each year for the purpose of hearing citizens' views on the policies, practices and
procedures of the Iowa City police department. (Ord. 07 -4296, 12 -11 -2007)
4. The board shall adopt procedural rules and bylaws governing the board's activities, including the receipt
and processing of complaints, and such procedural rules and bylaws shall be approved by the city
council. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -8: BOARD COMPOSITION; LIMITED POWERS OF BOARD:f)
A. Board Composition:
The board shall consist of five (5) members appointed by the city council, who shall be Iowa City eligible
electors and shall serve without compensation. The city council shall strive to appoint members who
represent the diversity of the community. Appointments to the board shall include one current or former
"peace officer" as that term is defined by state law, except that a peace officer employed as such by the
city of Iowa City within five (5) years of the appointment date shall not be appointed to the board. The city
council reserves the right to waive the residency requirement for good cause shown. The city council also
reserves the right, for good cause shown, to waive the requirement that the board include one current or
former peace officer. (Ord. 03 -4096, 9 -9 -2003)
2. Following final adoption and publication of the ordinance codified herein, the city council shall appoint
members to the board for staggered terms. All appointments shall be for a four (4) year term, except for
the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term.
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms.
3. Training shall be available to all board members to enable them to perform the duties imposed herein,
including training on Iowa's public records and open meetings laws.
B. Limited Powers: The board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the board, the board may file a PSPR
complaint.
2. The board shall decide the level of review to give the police chiefs or city manager's report by a simple
majority vote of all members of the board. (Ord. 01 -3976, 7 -10 -2001)
3. The board has no power to review police officer personnel records or disciplinary matters except to the
extent such matters are made public by the city attorney or are the subject of an enforceable subpoena.
(Ord. 07 -4296, 12 -11 -2007)
4. The board has only limited civil, administrative review powers, and has no power or authority over
criminal matters. The board is not a court of law, and is not intended to substitute as a tort claims
procedure or as litigation against the city.
5. If criminal charges are brought or are being considered against a particular police officer(s), the board's
review or investigation may proceed with interviewing other officers or witnesses, or collecting
documents, as appropriate. Any statements given by an officer who is subject to criminal investigation
cannot later be used against the officer in a criminal proceeding, as provided under the fifth amendment
to the U.S. constitution, unless such constitutional right is waived.
6. The board may obtain outside counsel and independent investigators in order to carry out the board's
duties.
7. The board may request that the city council hold general public informational hearings concerning police
department practices, procedures or written policies. (Ord. 01 -3976, 7 -10 -2001)
8 -8 -9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS
PRESERVED:
A. All rights enjoyed by sworn police officers employed by the city are preserved in this chapter, and
nothing herein is intended to waive, diminish or interfere with any such rights protected by the union
contract, Iowa's civil service commission laws and other applicable state and federal laws.
B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from
defamation, shall be protected during the process set out in this chapter, and it shall be the board's
duty to protect said rights.
C. Notwithstanding the above provisions, no board member shall be liable to any person for damages or
equitable relief by reason of any investigation or recommendation or report made by either a board
member or by the board itself. (Ord. 97 -3792, 7 -15 -1997)
8 -8 -10: COUNCIL REVIEW:eJ
(Rep. by Ord. 07 -4291, 10 -16 -2007)
8 -8 -11: TIME COMPUTATION: C
In computing time under this chapter, the first day shall be excluded and the last included, unless the last
falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the
following Monday. However, when the last day for the filing of a complaint or the completion of a report
falls on a Saturday or Sunday, or a day on which the office of the city clerk is closed due to a city holiday,
the time shall be extended to include the next day on which the office of the clerk is open to receive the
filing of a complaint or the report. (Ord. 99 -3877, 4 -20 -1999)