HomeMy WebLinkAbout2017-06-20 Ordinance15a,
DEFERRED TO July 18 meeting
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM
COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT
(RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005)
WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S.
513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront
(RFC -WR) zone; and
WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings;
and
WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving
conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and
overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density
residential living and pedestrian -oriented commercial uses; and
WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage
development that is of a scale and design to achieve the desired development character described in the
Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage
areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings,
and require provision of affordable housing; and
WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space
for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form -
based zoning code; and
WHEREAS, the requested rezoning will allow a significant increase in the residential population in the
area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along
Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive
and close driveways that do not meet the City's access management standards will be necessary as well as
the provision of affordable housing options; and
WHEREAS, Iowa City Code 14-213-8 requires that, upon rezoning to RFC -WR, the owner must enter
into an agreement with the City establishing how the owner will provide affordable housing when the
property is redeveloped; 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 the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access
management standards, and provision of affordable housing; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
WHEREAS, the owner and applicant 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 Community
Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST
CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 1571, THEN WEST 178'; THEN
NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING.
Ordinance No.
Page 2
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and 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 2017.
MAYOR
ATTEST:
CITY CLERK
Appr ved b
City Attorneys Office
Prepared by: Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 356-5251 (REZ16-00005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of
property locally known as 513 S. Riverside Drive in Iowa City; and
WHEREAS, the Owners have requested the rezoning of the subject properties from
Community Commercial (CC -2) Zone to Riverfront Crossings —West Riverfront (RFC -WR); and
WHEREAS, Iowa Code §414.5 (2017) 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, Riverside Drive is currently an auto -oriented arterial street with high traffic
volumes and higher speeds and little to no space within the public right-of-way for pedestrians and
bicycles and with an excessive number of driveway access points that further increase potential
traffic conflicts between all modes of travel; and
WHEREAS, the increased density of residential living and urban commercial intensity
allowed with the RFC -WR zoning will result in the need for an improved "public realm" along
Riverside Drive, including improved streets with safer and more attractive areas for people to walk
and bike; and
WHEREAS, the requested rezoning will allow a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive
and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will
be needed; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan, including the need for
a safe, attractive, and comfortable environment for residential living and improved streets that
will encourage walking and biking and improve traffic safety; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for
safe traffic circulation upon redevelopment, the requested zoning is consistent with the
Comprehensive Plan; and,
WHEREAS, the high percentage of housing cost -burdened households is the most
common housing problem within the City of Iowa City, and one of the primary areas where people
face housing affordability challenges is near the University campus and the City's urban core; and,
WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing
due to its close proximity to downtown Iowa City and the University of Iowa campus, its existing
and planned mix of uses, convenient access to public transit and municipal parking facilities; and
WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a
walkable, pedestrian -friendly area where residents can work, live and play, and will increase the
need for housing that is affordable to the workforce; and
WHEREAS, the rezoning to RFC -WR will allow residential development at a density not
previously permitted; and,
WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to
a riverfront crossings zoning designation, the property owner must enter into an agreement with
the city to establish which method or methods the Developer will use to provide the required
affordable housing.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
1 of 4
agree as follows:
1. Owners are the collective the legal title holders of the property legally described as
follows:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT
THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH
157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF
BEGINNING.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan, and the Owners intend to comply therewith.
Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of
Iowa City may impose reasonable conditions on granting a rezoning request, over and
above the existing regulations, in order to satisfy public needs caused by the requested
change.
3. In consideration of the City's rezoning the subject property, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street improvement project, whichever occurs first, land
shall be dedicated to the City along Riverside Drive to improve conditions along
the street necessary for the increase in pedestrians and bicyclists anticipated
with the rezoning according to the goals and objectives of the Riverfront
Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot
wide pedestrian area between the new front property line and the street curb
along the Riverside Drive frontage, including at the corner of Riverside Drive and
Myrtle Avenue;
b. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street improvement project, whichever occurs first, the
two driveways closest to the intersection of Riverside Drive and Myrtle Avenue
shall be closed and the area subsequently restored and improved for pedestrian
use. In addition, prior to issuance of any permit for any improvements to the
subject property or coincident with the City's street improvement project,
whichever occurs first, the southernmost driveway on the Riverside Drive
frontage shall be evaluated according to the City's access management
standards as set forth in Article 14-5C of the City Code of Iowa City, with the City
reserving the right to close or move driveway access points, or reduce to a single
directional drive (such as right -out only), in compliance with said standards;
c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site owner -
occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee
in lieu of the remaining dwelling units not provided on-site or as otherwise agreed
to between Owner and the City in an affordable housing agreement entered into
prior to issuance of a building permit for development of any portion of the above-
described property.
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4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. 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. 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.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
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.
9. 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 Owners' expense.
Dated this day of
CITY OF IOWA CITY
James Throgmorton, Mayor
Attest:
Julie Voparil, Deputy City Clerk
VApp ov
X-) 6- IT -1
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
.cane IV
2017.
OWNERS
513 Riverside, LLC
This instrument was acknowledged before me on , 2017 by James
Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa
City.
Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
513 RIVERSIDE, LLC ACKNOWLEDGMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2017 by
(Name(s) of individual(s) as
(type of authority, such as officer or trustee) of 513 Riverside LLC.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
4of4
5b
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00007)
ORDINANCE NO. 17-4711
ORDINANCE FOR A REZONING TO AMEND A PRELIMINARY PLANNED DEVELOPMENT
OVERLAY (OPD) PLAN FOR 7.8 ACRES OF PROPERTY LOCATED WEST OF MILLER AVENUE AND
SOUTH OF BENTON STREET. (REZ17-00007)
WHEREAS, the applicant, Iowa City Cohousing, has requested a rezoning of property located west of
Miller Avenue and South of Benton Street to amend a final Planned Development Overlay (OPD) Plan; and
WHEREAS, the property was rezoned from Medium Density Single Family Residential (RS -8) to Planned
Development Overlay/Medium Density Singly Family Residential (OPD/RS-8) in 2015 for Prairie Hill, a 33 -
dwelling unit cohousing development subject to a conditional zoning agreement regarding a) the necessity for
a landscaping and tree replacement plan to be reviewed and approved by the City Forester prior to
issuance of any building permit for any construction activity on the property; b) the necessity for an
agreement with the City for the installation of a sidewalk along Miller Avenue adjacent to the Benton Hill
Park; and c) the necessity for review and approval of construction drawings for the private street and the
storm water management facility by the City Engineer, prior to the final site plan approval.
WHEREAS, these conditions have been satisfied and the applicant will proceed with developing in
accordance with those approved plans; and
WHEREAS, the proposed amendments allow for 3 additional dwelling units and minor changes to
building designs, garage sizes, and 5 additional parking spaces; and
WHEREAS, the new units will be built within the previously approved building footprints, with the
exception of the additional parking spaces, and there will be no significant changes to building coverage or
site design if the amendments are approved; and
WHEREAS, the proposed development is consistent with the City's efforts to provide a variety of housing
types within the neighborhood and are consistent with the intent of the OPD section of the code; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has
recommended approval of this amendment to the OPD Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
SECTION I APPROVAL. Property described below is rezoned OPD/RS-8 to in accordance with the
Preliminary Planned Development Overlay Plan attached hereto and incorporated herein:
Lot 3 Ruppert Hills Subdivision to Iowa City, Iowa, in accordance with the plat
thereof recorded in Plat Book 46, at page 47, in the records of the Johnson
County Recorder's Office, containing 7.80 acres and subject to easements and
restriction 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.
Ordinance No. 17-4711
Page 2
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 are hereby repealed.
SECTION V. 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 VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 20thdayof June '2017
�'j')V�.. 4 / � ,
MA OR '
Approved by:
ATTE GLi� f� SLCa c ti %� c�
CITY CLERK � City Attorney's Offin»>//ce S/,e
r�
Ordinance No. 17-4711
Page 3
It was moved by Mims and seconded by Dickens that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
ABSTAIN:
First Consideration 06/06/2017
Voteforpassage: AYES: Dickens,
Throgmorton, Botchway, Cole.
Second Consideration _
Vote for passage:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Mims, Taylor, Thomas,
NAYS: None. ABSENT: None.
Date published 06/29/2017
Moved by Mims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be
finally passed be suspended, the second consideration and vote
be waived and the ordinance be voted upon for final passage
at this time. AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton. NAYS: None. ABSENT: Botchway.
LOCATION N
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IOWA CITY, IOWA
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®oCr CITY OF IOWA CITY 5b
MEMORANDUM
Date: May 4, 2017
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ17-00007 Prairie Hill Co -Housing Amendment
Background: In July 2015 the City Council approved a rezoning from Medium Density Single
Family Residential (RS -8) to Planned Development Overlay/Medium Density Single Family
Residential (OPD/RS-8) and a Planned Development Overlay Plan for Prairie Hill, a 33 -dwelling
unit cohousing development located on the west side of Miller Avenue south of Benton Street
(copies of the previous staff report and memorandum are attached). The applicant is now
requesting approval of amendments to the OPD Plan to allow 3 additional dwelling units and to
make minor changes to building designs, garage sizes, and to add 5 parking spaces as detailed
in the attached statement from the applicant. One additional unit is proposed in the common
house and a duplex is proposed to change to a four -unit building with the addition of a second
floor. As a result of building within the previously approved building footprints, with the
exception of the additional parking spaces, no significant changes to the building coverage or
site design will occur if the amendments are approved.
Density: Even with the 3 additional units the density of Prairie Hill will be 4.6 units per acre, well
within the maximum of 8 dwelling units per acres allowed under an OPD -8 zone and the
approximate 5 units per acre achieved within typical RS -8 zoned development. The applicant
also submitted an exhibit demonstrating that if the property were subdivided into a conventional
cul-de-sac street, up to 36 dwelling units could be achieved. Based on these numbers, staff
finds the amendment meets the approval criteria for density within an OPD zone (Section 14-
3A-4 D).
OPD Design: The four townhouse style units to the north of Prairie Hill Lane are proposed to
change from 2 floors to 1 floor. A floor will be added to the duplexes located in the southwest
comer to create 4 stacked flats. The attached elevation drawings illustrate that the overall
character of the design is similar to the previously approved plan. As noted above the additional
dwellings are proposed to occur in approximately the same footprint shown on the previously
approved OPD.
The additional units require five parking spaces. Three spaces are proposed to be added in the
parking area near the entrance to the development and two are proposed near the common
house. The applicant will need to demonstrate to the City Engineer that the stormwater
management facilities contain sufficient capacity for the additional stormwater runoff.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00007 a rezoning to amend the preliminary OPD Plan to
add three dwelling units to Prairie Hill resulting in a total of 36 cohousing units on 7.8 -acres of
land located on the west side of Miller Avenue south of Benton Street.
April 27, 2017
Page 2
ATTACHMENTS:
1. Location map
2. Preliminary OPD Sensitive Areas Development Plan
3. Applicant's statement
4. Building elevation drawings
5. Previous staff memorandum dated May 21, 2015
6. Previous staff report dated September 18, 2014
Approved by:
jonn Tapp, ueveiopment Services coordinator,
Department of Neighborhood and Development Services
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STATEMENT FROM THE APPLICANT
Iowa City Cohousing LLC is requesting several changes to the Planned Development Overlay
(OPD) plan approved by City Council January 19, 2016.
1. ADDITIONAL LIVING UNITS. Iowa City Cohousing LLC realized that it would be
possible to add more units than previously approved within the RS -8 density. Doing so
will permit us to include more owners and make all of the units more affordable. The plan
approved by the city Council included 33 living units. This application is a request to add
3 units. The additional units will be added to the buildings already sited on the plan with
no change in building footprints.
a. COMMON HOUSE --The City Council approved plans for 3 apartments on the upper
level of the building of the Common House. This application is a request to build a
fourth apartment (unit 36) the same size as the other 3. (See floor plans.)
b. BUILDING 27-30. The plans approved by the council showed this building as a
single -story duplex with units up to 950 sf each. We are requesting that the building
be changed into a two-story fourplex (or stacked flats) with 2 apartments of up to 950
sf on each level. The building would be similar to 3 other stacked -flat buildings (units
9-12, 13-16, and 17-20). This new one, however, would have two stories above
ground and, therefore, no upper level entry. (See site plan.)
c. CHANGE CONFIGURATION OF UNITS 6 AND 7. The 4 -unit townhouse building
approved by the council featured 2 single -story 950 sf units on the ends and 2 two-
story 1600 sf units in the middle. Due to member preference for smaller single -story
units we have reduced the size of the middle units to 800 sf on one level. (See
original and revised townhouse elevations.)
2. CHANGE DESIGN OF STACKED FLATS. The design of the stacked -flat buildings (9-
12, 13-16, and 17-20 as well as the new 27-30 will be changed to feature a shared porch
across the lower level. The previous version featured balconies on the upper level and
covered porches on the lower level. (See original and revised stacked flat elevations.)
3. INCREASE THE DEPTH OF GARAGES. The increased depth of 2 feet on all garages to
provide storage space will be accomplished by moving the garages forward on the
parking pads. There will be no increase in the amount of impervious pavement.
4. ADD FLEX SPACE TO THE SIDE OF A GARAGE. Extra space will be provided in one
garage for storage.
5. ADD 5 PARKING SPACES. The addition of 3 living units with 5 bedrooms warrants the
addition of 5 parking spaces. There will now be 56 parking spaces.
6. FLIP COMMON HOUSE PLAN. The approved design of the Common House will remain
unchanged, except flipping it end over end resulting in relocation of the entrances.
Appropriate changes have been made to the contours on the site plan.
7. CHANGE SIZE OF SIDEWALK ALONG MILLER AVENUE. Increase the width of the
sidewalk along the Miller Avenue side of Prairie Hill from the approved 5 feet to 6 feet to
match a new 6 -foot sidewalk the city will install along the Miller Avenue side of Benton
Hill Park.
CITYOFIC-CITYCLERK
2017 APR 13 PM12:20
MN
1
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COHOUSING AT PRAIRIE HILL SIDE ELEVATION
STACKED FLATSMARCH !l, 2016
Architect John as ieronr, INC John F. Shaw 0' 4' 8' 12' 16'
Revised elevation
COHOUSING AT PRAIRIE HILL REAR ELEVATION
MARCH ll, tore
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CITY OF IOW',->, CITY
a 71 MEMORANDUM
Date: May 21, 2015 Previous staff memorandum dated May 21, 2015
To: Planning and Zoning Commission
From: Robert Miklo, Senior Planner
Re: REZ13-00010 Prairie Hill Co -Housing
Background: On October 2, 2014 Commission voted 3-2 to recommend denial of an
application submitted by Iowa City Co -Housing for a rezoning of 9.65 acres of land located at
Miller Avenue and Benton Street from Medium Density Single -Family (RS -8) zone and
Neighborhood Public (P-1) zone to Planned Development Overlay/Medium Density Single -
Family (OPD -8) zone for 7.68 acres and Neighborhood Public (P-1) zone for 1.97 acres.
Commissioners who voted against the application indicated that their concerns were the
proposed private street access to Benton Street and the proposed changes to Benton Hill Park
necessary to allow the private street.
The applicant, Iowa City Co -Housing, has submitted a new plan that places the proposed
dwelling units on the eastern portion of the property and includes Prairie Hill Lane, a private
street, which would intersect with Miller Avenue. Development is no longer proposed on the
western half of the property and no direct street access is proposed to Benton Street. The
exchange of a portion of Benton Hill Park for land adjacent to Miller Avenue to add to the park is
no longer proposed.
Planned Development Overlay (OPD) Design: The general concept of co -housing with a
common house and attached dwelling units located in clusters still applies. Much of the
analysis contained on pages 2 to 6 of the previous staff report dated September 18, 2014 (copy
attached) applies to the revised plan. Revisions in addition to the relocation of Prairie Hill Lane
are discussed below.
The plan now includes 33 dwelling units with 14 units contained in duplex style buildings, 4 units
in a town house style building, 12 units contained in 4-plex buildings, and 3 units in the common
house (the previous plan had a total of 32 units: 26 duplex style units and 6 units in the common
house). The attached elevation drawings show the new building designs. Although the unit
configuration is different, the building materials and character are similar to the previous
proposal. In staffs opinion the proposed buildings are compatible with the neighborhood and the
intent of the OPD standards. Four units, label "DU", located adjacent to Miller Avenue have
front doors that face an internal court yard and a second door that faces Miller. The backside of
the buildings have been designed to present an attractive fagade toward the public street. The
dwellings are set back 25 to 35 feet from the property line and landscaping is proposed between
the public sidewalk and the dwellings.
Pedestrian Access: This plan includes a sidewalk along Miller Avenue adjacent to this property
and extending along the east side of Benton Hill Park to Benton Street. The entire sidewalk
should be installed with the construction of Prairie Hill, but the City will reimburse the applicant
for the construction cost for the portion adjacent to the park. Installation of this sidewalk will
provide good pedestrian access for this development and will improve pedestrian access for the
larger Miller Orchard Neighborhood.
Within the development a sidewalk is provided adjacent to the south and west side of Prairie Hill
Lane. Off-street sidewalks provide access to the individual dwelling units. Staff recommends
that an additional sidewalk connection be provided to Miller Street to the south of units #9 & 10
May 15, 2015 Y
Page 2 /
near the northeast comer of the development. Without such a connection, north bound
pedestrians from the north of part of this development would need to walk about one block
south before walking north.
There is an existing 15 foot wide pedestrian access easement located along the west and north
property line. The previous plan proposed relocating that easement to the south property line.
The current proposal leaves the easement in its original location. Due to the steep grade,
neither location is ideal for a sidewalk, and there does not appear to be good aftemative location
for a sidewalk to cross this property form west to east. In staff's opinion, leaving the easement in
its current location is an acceptable option.
Environmentally Sensitive Areas: Compared to the previous plan, less of the steep and
critical slopes are proposed to be disturbed. This is because development is no longer proposed
in the west half of the property where much of the steep and critical slopes are located.
In the revised plan 100% of woodland will be disturbed. This increase, when compared to the
previous plan, is due to the removal of portions of Benton Hill Park from the plan and the
development of the property adjacent to Miller Avenue that was to be set aside as park land
according to the previous plan. As noted in the September 18 Staff Report, the City, Forester
has reviewed the woodlands on this property and found that they consist of undesirable species
or species that are susceptible to disease, including Ash and Walnut, and the woodlands have
not been properly maintained.
Based on the amount of clearing, the sensitive areas regulations require the planting of
replacement trees on this property and/or on public lands approved by the City Forester. The
OPD plan includes a landscape plan showing the location of proposed trees. To assure
appropriate species are properly located, staff recommends that the final landscape plan be
approved by the City Forester.
Storm Water Management: The plan includes a series of rain gardens adjacent to and among
the dwellings west of Miller Avenue. A large storm water basin is proposed in the southeast
corner of the property. The City Engineer is reviewing recently submitted storm water
management plans. These plans should be approved by the City Engineer prior to the Planning
and Zoning Commission voting on this application.
Summary: The revised plan does not include direct street access to Benton Street or significant
modifications to Benton Hill Park. In staff's opinion the proposed buildings are an attractive
design and would be made of quality building materials in an effort to support sustainable
development. The proposed co -housing community will be a unique form of housing that has
had success in other communities. Its construction in the Miller -Orchard Neighborhood would
support the City's efforts to provide a variety of housing types within the neighborhood and is
consistent with the intent of the OPD section of the code. Storm water management and minor
site plan issues must be resolved prior to the Commission voting on this application.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred pending resolution of deficiencies and
discrepancies noted below.
Upon resolution of these items, staff recommends approval of REZ13-00010 a rezoning of 7.8 -
acres of land located on the west side of Miller Avenue south of Benton Street from Medium
Density Single -Family (RS -8) zone to Planned Development Overlay/Medium Density Single -
Family (OPD -8) zone to allow Prairie Hill a with 33 -unit co -housing development subject to 1)
the landscaping and tree replacement plan to be reviewed and approved by the City Forester
and; 2) at the time of final plan approval the development agreement will address the
construction of the sidewalk adjacent to Benton Hill Park.
May 15, 2015
Page 3 S
DEFICIENCIES AND DISCREPANCIES:
1. Storm water management plans must be approved by the City Engineer
2. A ten foot wide buffer must be provided between the northwest side of the common house
and the parking lot.
3. The sidewalk on the south side of Prairie Hill Lane at its intersection with Miller Avenue
should be moved away from the curb to provide room for snow storage and a pedestrian
buffer.
4. The water line along the west side of Prairie Hill Lane should be located to provide room
for street trees.
5. A sidewalk should be provided between the northeast corner of the development and
Miller Avenue.
ATTACHMENTS:
1. Location map
2. Preliminary OPD Sensitive Areas Development Plan
3. Applicant's statement
4. Building elevation drawings
5. Previous staff report dated September 18, 2014
Approved by: —7 ""
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
Previous staff report dated September 18, 2014
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: REZ13-00010 & SUB13-00008 Date: September 18, 2014
Prairie Hill
GENERAL INFORMATION:
Applicant: Iowa City Co -Housing
P.O. Box 926
Iowa City, IA 52244
blbailey52@gmail.com
Phone: 319-530-4049
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Rezoning from Medium Density Single Family
Residential (RS -8) and Public (P-1) to Planned
Development Overlay (OPD -8) and P-1 Preliminary
Plat approval.
To allow a 32 -unit co -housing (condominium)
development with shared open space and public
park land.
Miller Avenue and Benton Street
9.65 acres
Vacant, park and open space zoned RS -8 and P-1
North: Residential, Roosevelt School - RS -8 & P-1
South: Commercial - CC -2
East: Residential RS -8
West: Residential RS -8
Southwest District Plan —
family development with the
allow clustering.
SW -4
September 10, 2014
October 24, 2014
medium density single
potential for an OPD to
The subject property is southwest of the intersection of Benton Street and Miller Avenue.
Currently the property is vacant. The surrounding area consists of residential homes varying from
single family to apartments. The Theodore Roosevelt Education Center (former Roosevelt
Elementary School) is located to the north. Commercial areas are located to the south of the
2 r
property along Highway 1. PRM JS STAFF REPORT
The applicant, Iowa City Co -Housing, is requesting a rezoning from Medium Density Single Family
Residential (RS -8) and Public (P-1) to Planned Development Overlay (OPD -8) for 7.68 acres and
P-1 for 1.97 acres and preliminary plat approval of Prairie Hill. The rezoning would allow for a 32 -
unit condominium development with units 26 units clustered in duplex style townhouses. The plan
also includes a community building with common facilities and 6 apartments. Six of the duplexes
would have garages incorporated into the units. There would be 19 parking spaces in five
garages and 29 surface parking spaces. The plan includes relatively large areas of open space,
some of which would be dedicated to the City for extension of Benton Hill Park in exchange for
land that would provide private street access to Benton Street.
The applicant requests access to the development via Benton Street on land currently owned by
the City as part of Benton Hili Park. A conservation and public access easement would preserve
much of this existing open space for public use. In exchange for acquiring 1.8 acres of park land
the applicant has offered to dedicate 1.97 acres of land on the southeast end of the property for
park use.
The property does contain sensitive features and the applicant has submitted a Sensitive Areas
Development Plan and a subdivision called Prairie Hill. The subdivision would create the Lot 1, a
7.68 acre tract that would contain the development, and Outlot A (1.97 acres) which would be
dedicated to the City for addition to Benton Hill Park.
The property would be developed by Iowa City Cohousing. A cohousing community is a type of
intentional community composed of private homes supplemented by shared facilities.
Cohousing is designed with the intention of facilitating interaction among neighbors for social,
practical, economic and environmental benefits. The community is planned, owned and
managed by the residents — who also share activities which may include cooking, dining, child
care, gardening, and governance of the community. Common facilities are proposed to include
a kitchen, dining room, laundry, guest rooms, and recreational features. The attached
statement labeled "The Cohousing Concept" (Exhibit A) provided by the applicant contains a
more detailed description of Co -housing.
The applicant has used the "Good Neighbor Policy" and has conducted two neighborhood
meetings as discussed in Exhibit A.
ANALYSIS:
Current Zoning: The current zoning of the property is for Medium Density Single Family
Residential (RS -8), which allows single family homes on lots with a minimum of 5,000 square feet
of lot area and a minimum lot width of 45 feet. Duplexes are allowed on corner lots. Nonresidential
uses, such as religious institutions and day care centers, may be allowed by special exception.
The applicant has submitted the attached plan (Exhibit B) showing how the property could be
developed with at least 32 single-family lots within a conventional subdivision.
Proposed Zoning: The applicant requests rezoning to a Planned Development Overlay Zone
(OPD -8), which permits flexibility in uses and design when conventional development is
inappropriate and changes are not contrary to the Comprehensive Plan. The OPD zone
encourages the best use of the existing landscape and infill development. The applicant requests
approval of an OPD rezoning to allow dwelling units to be clustered on the property so that less
grading will be required and that common open space may be set aside for use of the residents
and the general public. The clustering will also help achieve a physical environment that is
conducive to the formation of a community as envision in co -housing developments. The details of
the OPD plan are discussed below under the OPD Plan.
PCU131eH Raports{raz13-W01D, subia-Ma prakis Mlle.do"
3 Pr '=VIOUS STAFF REPORT
Compliance with Comprehensive Plan: The property falls within the Southwest District Plan,
Roosevelt subarea in the Miller -Orchard Neighborhood (pages 25 to 36 and Appendix C of the
Southwest District Plan). The District Plan encourages the preservation of the existing housing
and encourages infill development that is compatible with the neighborhood; and indicates that the
area lacks pedestrian links within and between surrounding properties. This concern has been
partially addressed by recently constructed sidewalks/trail along Miller Avenue, Hudson Avenue,
Orchard Street and Highway 1.
The District Plan notes that the existing RS -8 zoning is appropriate for this property, but that a
Planned Development Overlay (OPD) zone would allow the clustering of housing units to
encourage the best use of the existing topography. The plan states: "Future development of the
vacant land along Miller Avenue should be carefully considered with regards to efforts to stabilize
and revitalize the Miller -Orchard Neighborhood."
In staffs view the proposal complies with the goals stated in the Comprehensive Plan as it would
bring a new form of owner occupied housing into the Miller -Orchard Neighborhood and would
compliment the City's and the Neighborhood's efforts to improve the housing stock in the area.
Planned Development Overlay (OPD) Plan: To achieve the cluster plan the applicant is
requesting several modifications of the zoning and subdivision regulations including:
1) One common lot as opposed to individual lots as required in RS -8 zones.
2) Multiple duplex style dwellings on one common lot (which otherwise are limited to
corner lots in the RS -8 zone).
3) A common house that would contain a common kitchen and dining room and 6
apartments.
4) A private street that has a 20 -foot wide pavement within a 35 -foot wide easement,
rather than the minimum 26 -feet wide pavement within a 60 -foot wide right-of-way
required for public streets.
5) Waiver of the requirement of sidewalks in certain locations.
7) A non-standard cul-de-sac design.
Four general standards must be met when the applicant requests waivers of underlying zoning
and subdivision regulations as discussed below.
The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and scale,
relative amount of open space, traffic circulation and general layout.
In staffs opinion the proposal meets the standard pertaining to density. The proposed
density of 32 units on 7.68 acres equals approximately 4.5 units per acre. Historically RS -8
zoned subdivisions have developed at approximately 5 units per acre although some have
achieved 8 units per acre.
In staffs opinion the proposal is also compatible with the neighborhood in terms of land use.
The Miller Orchard neighborhood contains a mix of single family homes and duplexes. The
area to the west contains a significant number of multifamily buildings. This proposal
contains mostly duplex style dwellings and only six apartments in the common house. This
combination of units provides for clustering and the preservation of large areas of open
space and would support the community -oriented environment desired in co -housing
developments.
The building mass and scale for most of the buildings is similar to many of the houses in the
PCMSMff Rep,MsVe,13-0oo10, SUM -O0000 Pmi1J1 hllls.d1
Pr EVIOUS STAFF REPORT
Miller Orchard Neighborhood and as discussed in number 3 below would likely have less of
an adverse effect on the adjacent properties than a conventional development.
Traffic from this proposal will be no more and may actually be less than the amount of traffic
that would be generated from a conventional subdivision.
2. The development will not overburden existing streets and utilities.
The applicant is proposing a driveway access to Benton Street, an arterial street which
carries approximately 11,000 vehicles per day in this vicinity. A 2 -lane arterial street with
adequate access control has a capacity of 15,000 vehicles per day. Transportation
Planners estimate that this proposed development will generate approximately 200 vehicle
trips per day. This is a small percentage of the existing traffic on Benton Street and will not
overburden the street.
Area residents have expressed concerns about sight distance on Benton Street. The
proposed private drive access is discussed in the attached memo from Kent Ralston,
Transportation Planner (Exhibit C). As detailed in the memo the proposed access point
meets standards for sight stopping distance and there is not a high collision history in this
area. Therefore the proposed driveway location is found to be acceptable.
There are currently no sidewalks on the portion of Benton Street adjacent to the property
because of steep slopes and topological features. To address pedestrian access to the
development, an alternative trail is proposed through Benton Hill Park, connecting the
development with sidewalks continuing on Benton Street east of Miller Avenue.
As noted in the Southwest District Plan, pedestrian connectivity is a concern in this
neighborhood. When the Hawk Ridge (formerly the Lodge) student housing complex was
developed in 2003, there was a requirement for a pedestrian easement over the subject
property to provide for a potential trail connection to Benton Hill Park. The location of that
easement is in an area that is too steep for a trail connection. The applicant proposes to
relocate the easement to the south side of lot 1. The grading that will be done for this
project will provide for a better location for a future trail.
Municipal water and sanitary sewer services are adequate to serve the proposed
development.
Stormwater will be directed to a basin proposed in the southeast corner of Lot 1. A berm is
Proposed along the south property line to prevent stormwater from flowing onto the
properties to the south. The City Engineer has reviewed the stormwater management plan
and has approved it in concept, although some construction details may need modification.
3. The development will not adversely affect views, light and air, property values and
Privacy of neighboring properties any more than would a conventional development.
In staffs opinion the application meets this standard. The existing RS -8 zoning on this
property allows single family homes to be as tall as 35 feet. The applicant proposes to
construct cottage style duplexes that would generally be less than 20 feet tall. Although
some of the units will have walkout lower levels, even those will be 25 feet or less in
height. The common house is proposed to be approximately 30 feet tall. In addition to
being shorter than what the RS -8 zone allows, the buildings would be built downhill from
or at a lower elevation than the nearest homes. This combination of height and lower
PCD15tefl RepmissVMM W01D. SUMMON pmlrie hills.doc
FT EVIOUS STAFF REPORT
grade will result in no more, or even a less adverse effect than conventional development.
4. The combination of land uses and building types and any variation from the underlying
zoning requirements or from City street standards will be in the public interest, in harmony
with the purposes of this Title, and with other building regulations of the City.
The applicant is proposing to cluster 32 units into attached dwellings rather than single
family houses, a private street which is 6 feet narrower than the minimum street standard
and modification of front setbacks for 3 units and the rear setback for 1 of the units. The
proposed clustering and private street would further the community based design desired
in co -housing by emphasizing pedestrian traffic on an internal sidewalk network. Primary
pedestrian access to the larger community would be via a trail that would extend through
Benton Hill Park. The applicant has agreed to install portions of the trail within the park
and to provide lighting to help assure pedestrian and bicycle safety. The applicant has
submitted templates showing that as designed the private street will be able to
accommodate fire trucks and other emergency vehicles.
In staffs opinion the proposed buildings are an attractive design and would be made of
quality building materials in an effort to support sustainable development. The proposed
co -housing community will be a unique form of housing that has had success in other
communities. Its construction in the Miller -Orchard Neighborhood would support the City's
efforts to provide a variety of housing types within the neighborhood and therefore be in
the public interest and in harmony with the zoning code.
Environmentally Sensitive Areas: The property contains steep and critical slopes and
woodland covering approximately 3.2 acres. The site slopes from a low point adjacent to Miller
Avenue to a high point in the western portion of the property. The applicant has provided a
soils study indicating that the property has been graded or filled to create the current condition.
The applicant proposes to grade the slopes (100% of the critical slopes and 94% of the steep
slope) to allow for creation of more gradual and stable slopes. Because of the amount of
grading proposed the Zoning Code requires level II sensitive areas review (Planning and Zoning
Commission Review and City Council approval).
A level II sensitive areas review is also required when more than 50% of a woodland is
proposed for removal. In this case the plan proposes that approximately 37.6% of the
woodland be removed. An additional 24.6% of the woodland is located within the 50 foot buffer
area and thus could be affected by construction activity and must be counted as being impacted
by the proposed development. Based on the amount of clearing, the sensitive areas regulations
require the planting of 127 replacement trees on this property or on public lands approved by
the City Forester. The City Forester has reviewed the woodlands on this property and found
that the areas that are proposed to be removed consist of undesirable species or species that
are susceptible to disease, including Ash and Walnut, and the woodlands have not been
properly maintained. The OPD plan includes a landscape plan showing the location of
proposed trees, however individual species are not identified. To assure appropriate species
are properly located, staff recommends that the final landscape plan be approved by the City
Forester.
As noted above a considerable amount of grading and woodland removal is proposed for this
development. However, due to the condition of the current slopes and the woodlands on this
Property, the long-term slope stability and woodland health after development should be an
PC D%tatf RepoDsVmJ3ZDD1D, GU M34DDDB P1141 hlllsAoo
6 PT=VIOUS STAFF REPORT
improvement when compared to what exists today.
Neighborhood parkland or fees in lieu of: Neighborhood open space requirements for this
property were satisfied with the approval of the Ruppert Hills final plat in 2003. That plat included
the dedication of Outlot A Rupport Hills, which later became the eastern portion of Benton Hill
Park.
The Parks and Recreation Commission has reviewed the proposed trade of land of the western
portion of Benton Hill Park for Outlot A. The Parks Department has determined that the
topography of Outlot A is more conducive to use as a neighborhood park and supports the trade.
Infrastructure fees: A water main extension fee of $415 per acre applies. There are no addtianal
infrastructure fees in this neighborhood.
STAFF RECOMMENDATION:
Staff recommends approval of REZ13-00010 and SUB13-00008 a rezoning of 9.65 -acres located
at Miller Avenue and Benton Street from Medium Density Single -Family (RS -8) and
Neighborhood Public (P-1) zone to Planned Development Overlay/Medium Density Single -
Family (OPD -8) zone for 7.68 -acres and Neighborhood Public (P-1) zone for 1.97 -acres, and a
preliminary plat of Prairie Hill, a 2 -lot residential subdivision, subject to 1) the landscaping plan
to be reviewed and approved by the City Forester, 2) City Engineer approval of the stormwater
management plan and 3) the applicant installing the offsite improvements to the trail and
lighting in Benton Hill Park.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat and Sensitive Areas Development Plan
3. Exhibit A Co -housing Concept Narrative
4. Exhibit B showing conventional subdivision
5. Exhibit C Memo from Kent Ralston, Transportation Planner
6. Building elevations
7. Correspondence
Approved by: _ / ✓X
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
PCDIS1el(Rep0tletreZ13-0DD1D, SUMS-0DDDS pmlrie MIA,,
MINUTES APPROVED
PLANNING AND ZONING COMMISSION
MAY 4, 2017 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Jodie Theobald
MEMBERS ABSENT: None
STAFF PRESENT: Sara Hektoen, Bob Miklo
OTHERS PRESENT: Del Holland
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Dyer recused) the Commission recommends approval of REZ17-00007 an
application submitted by Iowa City Cohousing LLC for a rezoning of approximately 7.8 -acres to
amend the preliminary OPD Plan to add three additional units to Prairie Hill, a 36 -unit cohousing
development located west of Miller Avenue, south of Benton Street.
By a vote of 7-0 the Commission recommends approval of SUB17-00004, an application for a
preliminary and final plat of Little Ash Subdivision, a 1 -lot, 21.48 -acre residential subdivision
located on the east side of Maier Avenue.
By a vote of 7-0 the Commission recommends the City forward a letter to the Johnson County
Board of Adjustment indicating that the City has no objection to the conditional use permit.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM REZ17-00007:
Discussion of an application submitted by Iowa City Cohousing LLC for a rezoning of
approximately 7.8 -acres to amend the preliminary OPD Plan to add three additional units to
Prairie Hill, a 36 -unit cohousing development located west of Miller Avenue, south of Benton
Street.
Dyer recused herself and left the room during this discussion as she is on the Board of the Iowa
City Cohousing LLC.
Miklo noted that the Commission should all be familiar with this property, it is located on the
west side of Miller Avenue on the south side of Benton Street. The surrounding properties for
the most part are zoned RS -8, and to the north is Benton Hill Park which is zoned Public and to
Planning and Zoning Commission
May 4, 2017 — Formal Meeting
Page 2 of 5
the south is zoned Community Commercial. Miklo explained that the planned development
overlay that was approved included a private drive/street to serve 33 cohousing units. The
proposal is to amend that plan to add one additional unit to the Common House (near the center
of the development) and add two units to what was originally a duplex by adding a second floor.
Miklo showed drawings of the previous proposal and then drawings of the new proposal. The
new proposal also includes some minor design changes to other aspects of the plan, for
example the townhouses will no longer be two stories, and they will be single floor units (but
basically the same footprint). The garages would be slightly larger (extended by two feet) and
there would be additional parking to accommodate the three additional units. In terms of density
Miklo noted that this does fall in the RS -8 density, it is just under five units per acre, which is
typical for RS -8 development.
Staff is recommending approval of the amendment to the plan to allow the three additional units
and design changes.
Freerks asked if there was room for street trees along Miller Avenue. Miklo stated that yes
there will be street trees along Miller Avenue.
Freerks opened the public hearing.
Del Holland , 1701 East Court Street, came forward representing the applicant to answer any
questions.
Freerks closed the public hearing.
Hensch moved to approve REZ17-00007 an application submitted by Iowa City
Cohousing LLC for a rezoning of approximately 7.8 -acres to amend the preliminary OPD
Plan to add three additional units to Prairie Hill, a 36 -unit cohousing development located
west of Miller Avenue, south of Benton Street.
Parsons seconded the motion.
Hektoen noted that this property is currently subject to a Conditional Zoning Agreement and
those same conditions will remain in place. Miklo confirmed those would continue and not
change.
Freerks noted this is an exciting project that she is eager to see and the changes make sense.
A vote was taken and the motion carried 6-0.
DEVELOPMENT ITEM SUB17-00004:
Discussion of an application submitted by Brian and Laura Wolf for a preliminary and final plat of
Little Ash Subdivision, a 21.48 -acre, 1 -lot residential subdivision located on Maier Avenue SW in
Fringe Area C.
Miklo noted this property is located within the two-mile Fringe Area of Iowa City, but is well
outside of the growth area and is not likely to be annexed into the city. The agreement with the
County is the City is required to review and approve subdivisions within the two-mile Fringe
Julie Voparil
From:
Del Holland <delholland@aol.com>
Sent:
Wednesday, June 07, 2017 8:38 AM
To:
Julie Voparil
Cc:
Bob Miklo; Kellie Fruehling
Subject:
expedited consideration of the rezoning ordinance for Prairie Hill
Julie,
Following last night's unanimous vote in favor of the rezoning, on behalf of Prairie Hill, Iowa City's cohousing
development, I would like to request an expedited consideration of the rezoning ordinance to have the 2nd and 3rd
vote both occur on June 20.
Thank you,
Del Holland
Member, Board of Managers
ICCH, LLC, Iowa City Cohousing
319-594-2957
Prepared by: Jennifer Jordan, Resource Management Superintendent, 3900 Hebl Ave., Iowa
City, IA 52246 (319) 887-6160
Ordinance No.
Ordinance Amending Title 16, Public Works, Chapter 3, City
Utilities, Article H, Solid Waste, To Prohibit Landfilling Of
Corrugated Cardboard.
Whereas, the Iowa City Landfill is designated as an Environmental Management System (EMS)
by the Iowa Department of Natural Resources and must exhibit continuous improvement in six
topic areas; and
Whereas, the Iowa City Landfill wishes to contribute to an increase in the City's STAR score;
and
Whereas, the following changes would help meet both EMS and STAR goals; and
Whereas, the City of Iowa City wishes to significantly reduce the amount of recyclable resources
entering the Iowa City Landfill; and
Whereas, corrugated cardboard makes up approximately twelve percent of materials entering
the Iowa City Landfill each year; and
Whereas, local recycling markets exist for corrugated cardboard; and
Whereas, the City of Iowa City currently collects corrugated cardboard from residents of Iowa
City as a part of municipal solid waste collection operations; and
Whereas, owners and managers of commercial properties with residents and condominiums are
required to provide recycling services; and
Whereas, commercial, industrial, institutional and other non-residential customers have access
to corrugated cardboard recycling services through private waste haulers.
Now, Therefore, Be It Resolved By The City Council Of The City Of Iowa City, Iowa, That:
Section I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows:
A. Add Subsection F to Section 16-31-1-6 "Prohibited Practices" as follows:
F. Place the following items in the trash to be landfilled: tires; yard waste; corrugated
cardboard; computer monitors; televisions; appliances; lead acid batteries; and oil and
oil filters.
B. Delete Subsection D from Section 16-31-1-9 "Solid Waste Disposal Requirements" and
replace it with the following:
D. Disposal Restrictions At The Landfill:
1. Only persons or operators residing or operating within the landfill service area may
dispose of solid waste at the landfill, and only provided that such solid waste was
generated by activities or operations occurring within the landfill service area.
2. The following materials may not be disposed of at the landfill, but may be recycled at
the landfill: tires; yard waste; corrugated cardboard; computer monitors; televisions; and
appliances. The person disposing of such items shall be responsible for separating
these items from other solid waste materials and shall be responsible for delivering and
unloading the items at the recycling sites designated by the city.
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 day of
Mayor
Attest:
City Clerk
2017.
ppr ed b
(oI/�L/7
City Attorney's Office
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: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 06/20/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton. NAYS: None. ABSENT: Botchway.
Second Consideration _
Vote for passage:
Date published
Waste Minimization Initiatives
Program
Estimated
implementation
process/update
Annual Diversion
timeline
Affected customers
In effect
Mandatory
Multi -family
1,800 tons
code change:
will roll out based on
Iowa City curbside
recycling
November 2016
rental permit renewal
customers
Electronics
effective January2,
computer monitors and
360tons
Waste Ban
2017
televisions
landfill service area
code change:
will offer curbside
Curbside
November 2016;
containers in fall. New
organics (food
1,000 tons
waste)
began curbside
pricing structure in
Iowa City curbside
collection in March
January 2018
customers
covered load
0
policy
effective July 1
outreach in effect
landfill service area
proposed
Single Stream 375 tons Iowa City curbside
Recycling fall 2017 begin outreach in August customers
Cardboard Ban 12,000 tons Would be effective
January2, 2018 begin outreach in August landfill service area
15,335 tons
annually
r 1 CITY OF IOWA CIT -706-20-1
v Matt
COUNCIL ACTION REPOR 11
June 20, 2017
Ordinance amending Title 16, Public Works, Chapter 3, City Utilities, Article
H, Solid Waste, To Prohibit Landfilling of Corrugated Cardboard.
Prepared By: Jen Jordan, Recycling Coordinator
Reviewed By: Chris O'Brien, Director of Transportation and Resource Management
Ashley Monroe, Assistant City Manager
Fiscal Impact: No Impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: None
Executive Summary:
The proposed ordinance would ban corrugated cardboard from being landfilled effective
January 2, 2018 and could divert an estimated 12,000 to 14,000 tons of materials from the Iowa
City Landfill annually.
In addition, curbside single stream recycling services will be implemented Citywide, effective in
the fall of 2017. The single stream change will affect City of Iowa City curbside customers,
streamlining operations, and a significant increase in participation and recycling weights is
anticipated. Single stream recycling will permit residents to co -mingle paper and cardboard,
metals, and plastic. The method of sorting materials for the curbside program is not outlined in
City Code and therefore allowing for single stream recycling does not require any code
modifications.
Approving these changes now for implementation at a later date will allow plenty of time for
education and outreach efforts to be conducted in order to minimize confusion over the change
in operational processes. In addition, staff will return to City Council with proposed fee changes
to incentivize compliance with the cardboard ban.
Background / Analysis:
At the June 6, 2016, City Council work session, staff outlined multiple programmatic changes
within City operations that could significantly reduce the amount of materials being landfilled and
improving areas of concentration within our STAR Community rating. Staff was given direction
to proceed on seven initiatives:
• Multi -family recycling
• Food waste reduction and curbside food waste collection
• Computer monitors and televisions (e -waste) ban in the landfill
• Secured load policy
• Plastic bag ban throughout Iowa City
• Single stream recycling
• Corrugated cardboard ban at landfill
CITY OF IOWA CITY
COUNCIL ACTION REPORT
The first phase of implementation was brought to City Council in November 2016 and included
multi -family recycling, curbside food waste collection, a -waste ban and secured load policy.
Staff proceeded to work toward the ban on distribution of plastic bags by commercial
businesses in Iowa City but a legislative change by the State of Iowa prohibited the City's ability
to move forward with this initiative.
The remaining two initiatives, curbside single stream recycling and a corrugated cardboard ban,
are being proposed for implementation with this council action.
Transition fully to single stream recycling
The curbside recycling program has undergone many changes since its inception in the mid -
1990's and currently serves 15,300 households. Until 2011, program users were asked to sort
into six recycling streams, and then this method changed in 2011 when sorting requirements
were reduced to three streams. Curbside recycling tonnages have averaged 1,533 tons per year
with a slight increase in household participation.
Single stream recycling has been discussed at various times as a means to increase
participation, tonnage and efficiency within the program. A single stream program changes the
dynamic of sorting as residents would not be asked to sort material into streams and would
include the exact same materials that are picked up now. At this time glass is not part of the
discussion since our current recycling vendor does not accept glass in their single stream
sorting system.
In 2014, Iowa City began co -mingling a limited amount of recycling routes. In that first year,
about 10% of curbside materials were picked up as single stream. By 2016, that number grew to
about 30% due to the efficiencies experienced through co -mingled recycling.
On average, communities that have switched to single stream have seen increases in
participation and tonnage ranging from 10% to 25%. Contamination levels will need to be
monitored closely to ensure that materials remain clean enough to be recycled. It will be
imperative that customers are well-educated about the program. In the short term, curbside
recycling staff will have visual contact since they physically pick up the 18 -gallon blue recycling
bins to empty them into the trucks. The next step, proposed for early 2018, will be to provide 65 -
gallon carts for residents who prefer them over the 18 -gallon bins. It is anticipated that the
change to single stream recycling will result in the diversion of an additional 150 — 400 tons of
materials from the landfill annually.
Four new recycling compactor trucks have been ordered, which will allow for the mechanical
pick-up of recycling carts. Staff has budgeted $75,000 for 65 -gallon wheeled recycling carts to
be purchased late in 2017. The four new trucks offer the flexibility to accommodate the
continued use of 18 -gallons and can also be used for separate trash or organic waste routes as
needed.
Under the City's current contract with Republic Services, sorted materials do not have a cost
and the City receives a rebate based on market value of the materials. The cost of single stream
r ' CITY OF IOWA CITY
.�^X COUNCIL ACTION REPORT
materials is $65 per ton. Recycling rates, as approved in spring 7M7, wi increase per
month per household beginning July 1, 2017, to offset these costs.
Staff is prepared to roll out single stream recycling with the existing equipment and bins
beginning in September 2017. New trucks will arrive late in 2017 to go into operation in early
2018. Carts will be distributed to households who would like them in early 2018.
This is an operational and equipment change; no updates are required for City Code or rules
and regulations.
Ban corrugated cardboard at the Iowa City Landfill
The Iowa City area has had cardboard recycling available for decades. Markets for all recycling
materials fluctuate but cardboard generally has enjoyed a strong market. Even so, about 12% of
what goes into the landfill annually is cardboard, which equates to roughly 14,500 tons per year.
A cardboard ban would keep most of the material out of the landfill. Other communities have
implemented cardboard bans and have seen recycling rates increase dramatically.
In the landfill, cardboard produces methane as it breaks down. According to the US EPA's
Waste Reduction Model (WARM), diverting 14,370 tons of cardboard would result in a savings
of 68,971 MTCO2E per year, the equivalent of the amount of energy used by 6,293 homes for
one year or the equivalent of taking 14,520 passenger cars off the road annually. Banning
cardboard in the landfill would be a significant step toward meeting STAR community
sustainability goals.
As part of the Iowa Department of Natural Resources (DNR) Environmental Management
System (EMS) program, the Iowa City Landfill has committed to continually improve the
programs and services we offer. A cardboard ban would address at least three of the six target
areas set up by the DNR. In addition, the landfill has been awarded $22,278 in grant funding
from the EMS program to assist with the purchase of a cardboard compactor for the East Side
Recycling Center to improve efficiency.
Staff recommends banning cardboard from the Iowa City Landfill in order to significantly
increase the amount of cardboard recycled in Johnson County. The estimated annual diversion
is 12,000-14,000 tons. Staff also recommends continuing to strongly promote curbside recycling
to existing customers and working with multifamily residents and commercial entities to educate
about the proposed corrugated cardboard ban. This will include significant outreach throughout
the landfill's service area of Johnson County and the cities of Kalona and Riverside in
Washington County.
If approved, the single stream recycling program will roll out in Fall 2017 with the cardboard ban
taking effect on January 1, 2018. This timeframe will allow for ample time to conduct outreach
and education to the public and commercial entities that utilize landfill services. Staff will return
to City Council in the fall to propose fee changes to incentivize customers to adhere to the ban.
It is anticipated that incoming trash loads that contain recyclable corrugated cardboard will be
assessed a fee that equates to double the tipping fee.
/0'1�
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance number: 17-4712
Ordinance amending Title 8, Police Regulations, Chapter 5,
Miscellaneous Offenses, Section 12, Fireworks: to allow for the sale of
some fireworks, revise definitions of fireworks, and increase the
penalty for use of fireworks within City limits, all in compliance with
newly amended State law.
Whereas, on May 9'h, 2017, the Governor signed Senate File 489, which amended State law
to allow for the sale of fireworks within the State of Iowa; and
Whereas, Senate File 489 continues to allow cities to prohibit the use of fireworks within city
limits, setting violations as simple misdemeanors punishable by a fine of not less than $250; and
Whereas, Iowa City Code currently prohibits the use of fireworks within City limits, but
contains definitions of fireworks inconsistent with the new State Code, and penalties in a range
lower than now allowed; and
Whereas, in the judgment of Council, the use of "consumer fireworks" or "display fireworks"
within City limits constitutes a safety risk in our urban environment, due to the risk of injury to
those lighting them and others in the vicinity, especially children; a fire hazard from fireworks
landing on rooftops, vehicles, and other combustibles; and a noise nuisance, especially for
those with pets or suffering from posttraumatic stress disorder; and
Whereas, for all these reasons, Council wishes to prohibit the use of "consumer fireworks"
and "display fireworks" within City limits, absent a permit issued by the Iowa City Fire Marshal,
while continuing to allow for the use of "novelties", all as defined by State Code; and
Whereas, it is in the best interests of the City to approve this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. Amendments.
Title 8, Police Regulations, Chapter 5, Miscellaneous Offenses, Section 12, Fireworks: is
hereby amended by deleting the entire section, and replacing it with the following language:
8-5-12: Fireworks:
A. Definition: The sale and use of fireworks is subject to the definitions enumerated
in Iowa Code sections 100.19 and 727.2, as amended, which definitions are
incorporated herein by this reference.
B. Prohibitions: It shall be unlawful for any person to use or explode any "consumer
fireworks" or "display fireworks" within the corporate limits of the city of Iowa City.
C. Exception: Nothing in this section shall be construed to prohibit the use of blank
cartridges for a show or the theater, or for signal purposes in athletic sports or by
railroads or trucks, for signal purposes, or by a recognized military organization,
or for use in military funerals. Provided further, this section does not apply to any
substance or composition prepared and sold for medicinal or fumigation
purposes.
D. Permit: Subsection B of this section shall not apply to anyone who has applied in
writing and has received written permission for the use of 'consumer fireworks"
or "display fireworks" from the fire marshal of the city of Iowa City when the
fireworks display will be handled by a competent operator, and consistent with
the issued permit.
E. A violation of this section is a simple misdemeanor punishable by a fine of not
less than two hundred fifty dollars ($250.00).
Section 2. Repealer. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
Section 3. 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 4. Effective date. This Ordinance shall be effective upon publication.
Passed and approved this 20th day of June , 2017.
MaVor
Aft
City Clerk , cz��
AXroved by
-z/w ?
City Attorney's Office
Ordinance No. 17-4712
Page 3
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x
ABSTAIN:
Dickens that the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 06/06/2017
Voteforpassage: AYES: Throgmorton, Botchway, Cole,
Dickens, Mims, Taylor, Thomas. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 06/29/2017
Moved by Mims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be waived
and the ordinance be voted upon for final passage at this time.
AYES: Cole, Dickens, Mims, Taylor, Thomas, Throgmorton. NAYS: None.
ABSENT: Botchway.
ir CITY OF IOWA CIT
,- �'s®� COUNCIL ACTION REPO 12
June 6, 2017
Ordinance amending Title 8, Chapter 5, Miscellaneous Offenses, Section
12, Fireworks, eliminating prohibition of fireworks sales and continuing
prohibition of use of fireworks within the corporate limits of the city of Iowa
City
Prepared By: John Grier, Fire Chief
Jody Matherly, Police Chief
Eric Goers, Assistant City Attorney
Reviewed By: Simon Andrew, Assistant to the City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This ordinance amendment will allow sale of consumer fireworks as required by Senate File 489
while continuing the prohibition of use of fireworks within the city of Iowa City.
Background / Analysis:
On May 9t', 2017, the Governor signed Senate File 489, which made the sale and use of
consumer fireworks legal in the State of Iowa. Under the new law, cities retained the right to
prohibit use of fireworks within city limits. This amendment is needed to remove the City's
current prohibition against sales of fireworks, to amend the definitions of various types of
fireworks, and to increase the penalty for illegal use of fireworks within City limits, all to comply
with the newly amended State Code.
Under our current ordinance, 8-5-12, the sale and use of fireworks are prohibited within City
limits. With the change in law, effective immediately upon the Governor's signature on May 9,
2017, sales of fireworks became legal in Iowa. While the State law does not explicitly prohibit
cities from banning the sale of fireworks within City limits, a strong argument could be made that
cities are prevented from prohibiting sales under the doctrine of implied preemption.
The new State law also creates new definitions for various classes of fireworks, including
"novelties", "consumer fireworks", and "display fireworks." Our ordinance needs to be amended
to include these newly -defined terms under State law.
Consumer fireworks include items such as aerial shells, bottle rockets, firecrackers, roman
candles, and sky rockets. SF 489 restricts cities from prohibiting sales of fireworks; however,
cities may prohibit the discharge of fireworks if determined a public safety risk or nuisance to
neighbors. Staff recommends continuing prohibition of the use of consumer fireworks within the
City of Iowa City.
The new State law indicates that persons who use fireworks within city limits, when prohibited
I. --r_®' CITY OF IOWA CITY
`�MootCOUNCIL ACTION REPORT
by that city from doing so, 'commits a simple misdemeanor, punishable by a fine of not less
than two hundred fifty dollars." Our ordinance currently calls for an unscheduled misdemeanor
($65 - $625 fine), so it needs to be amended to match the new State minimum.
City staff will continue to enforce zoning, building, and fire codes already in effect, which
address the storage of explosives, such as fireworks. Items such as gold star producing
sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in
paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no
mercury, or caps used in cap pistols are not considered consumer fireworks and their use will
still be allowed.
Public Safety Data:
The use of consumer fireworks produces concerns from local and national healthcare and public
safety associations including: increased calls for service for emergency responders and
emergency rooms, increased injuries, increased fires, residents and law enforcement personnel
mistaking fireworks for gunfire, and pollution.
According to the National Fire Protection Association (NFPA), from 2009-2013 U.S. fire
departments responded to an average of 18,500 fires caused by fireworks. These fires included
1,300 structure fires, 300 vehicle fires and 16,900 outside and other fires. Almost half (47%) of
the reported fires on the Fourth of July were started by fireworks.
According to the Consumer Product Safety Commission (CPSC), in 2015, approximately 11,900
people were treated in hospital emergency rooms for fireworks related injuries, with 67% of
these injuries occurring in a one-month period from June 19, 2015 -July 19, 2015. Children
under the age of 15 years old accounted for 38% of these injuries.
In a 7 year period from 2004 to 2011, Iowa had only 383 emergency room visits for fireworks
injuries. In a 6 year period from 2002 to 2007, Missouri had 2,650 emergency room visits for
fireworks injuries. During those years, Iowa allowed only sparklers, snakes, and caps while
Missouri allowed the use of consumer fireworks.
Because Iowa City is an urban environment, detonating consumer fireworks is dangerous due to
risk of injury to those lighting them and others in the vicinity, especially children. Fireworks can
also create a fire hazard from landing/smoldering on roof tops, vehicles, and grass. Additionally,
fireworks create noise disturbances which can have a negative impact on the elderly, those
suffering from PTSD, and pets. Finally, fireworks create physical pollution including smoke and
device remnants.
/`3
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance number: 17-4713
Ordinance amending Title 1, Administration, Chapter 8, Administrative
Service Departments, Section 1, Administrative Service Departments
Organized: to revert the title of the Transportation and Resource
Management department to the Transportation Services department
to reflect a realignment of supervision over Resource Management to
the Public Works Director.
Whereas, on April 2151, 2015, through Ordinance 15-4617, Council realigned the Landfill and
Refuse divisions from the Public Works Department into the Transportation Services
Department, creating a new Transportation and Resource Management Department; and
Whereas, the City Manager recommends that the alignment of the Landfill and Refuse
divisions now revert to the Public Works Department, under the Public Works Director; and
Whereas, realigning in this way will result in a change to the name of the Transportation and
Resource Management Department to the Transportation Services Department, as it was
before April 215% 2015; and
Whereas, this ordinance amendment is required to accurately reflect the names of
departments and the titles of said department heads within the City; and
Whereas, it is in the best interests of the City to approve this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. Amendments.
A. Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1,
Administrative Service Departments Organized:, is hereby amended by striking
Department of transportation and resource management and Director of transportation
and resource management and replacing with Department of transportation services and
Director of transportation services;
B. Title 1, Administration, Chapter 8, Administrative Service Departments, Section 1,
Administrative Service Departments Organized:, shall be further amended by deleting
the following provision at the end of the Section: "After July 1, 2015, any reference to
Director of transportation services shall mean the Director of transportation and resource
management, with the latter having all of the powers and duties granted to the former
under the provisions of this code."
Section 2. Repealer. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
Section 3. 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 4. Effective date. This Ordinance shall be effective upon publication.
Passed and approved this 20 h day of June 2017.
May r
Attes
4Cilerk
XApved by
City Attorney's Office
Ordinance No. 17-4713
Page 3
It was moved by Mims and seconded by Dickens that the
ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
X Botchway
Cole
X
Dickens
X
Mims
X Taylor
X
X Thomas
Throgmorton
X
First Consideration 06/06/2017
Voteforpassage: AYES: Botchway, Cole, Dickens, Mims,
Taylor, Thomas, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 06/29/2017 —
Moved by Mims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this
time. AYES: Mims, Taylor, Thomas, Throgmorton, Cole, Dickens.
NAYS: None. ABSENT: Botchway.
I X CITY OF IOWA CIT
COUNCIL ACTION REPO 13
June 6, 2017
Ordinance amending Title 1, Administration, Chapter 8, Administrative Service
Departments, Section 1, Administrative Service Departments Organized: to revert
the title of the Transportation and Resource Management department to the
Transportation Services department to reflect a realignment of supervision over
Resource Management to the Public Works Director.
Prepared By: Ashley Monroe, Assistant City Manager
Reviewed By: Geoff Fruin, City Manager, Eric Goers, Assistant City Attorney
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The proposed ordinance will authorize changes to the Administrative Services Departments
Organized in City Code Title 1, Chapter 8, in order to revert the title of the Transportation and
Resource Management Department back to Transportation Services Department and realign
Resource Management with the Public Works Department.
Background / Analysis:
In 2015, through Ordinance 15-4617, City Council realigned the Landfill and Refuse divisions
from the Public Works Department into the Transportation Services Department, creating a new
Transportation and Resource Management Department.
At this time, the City Manager recommends that the alignment of the Landfill and Refuse
divisions now revert to the Public Works Department, under the Public Works Director.
Reorganizing will result in a change to the name of the Transportation and Resource
Management Department, returning the Transportation Services Department to its name prior to
April 15, 2015.
IS
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance NO. 17-4714
Ordinance amending Title 1, "Administration", Chapter 7, "City Officers; City
Attorney, City Clerk, City Manager", Section 2, "Appointment and Removal'
to replace the residency requirement for the position of City Clerk with a
residency preferred requirement.
WHEREAS, the City Council appointees (City Manager, City Attorney, City Clerk) are
currently required by City Code to be residents of the city upon appointment; and,
WHEREAS, the City Council recognizes the value of the residency requirement for positions
that are entrusted with making policy and/or legal recommendations to the City Council and
critical decision-making for the City; and,
WHEREAS, the City Council recognizes that the higher the level of decision-making and the
higher the compensation, the more likely it is that qualified candidates can be attracted to a
position for which residency is required; and,
WHEREAS, due to the duties performed by the City Clerk, in recruiting and assessing
candidates for the position of City Clerk, qualifications other than residency within the City limits
may, in a particular instance, be more important than residency; and,
WHEREAS, it is in the best interests of the City of Iowa City that the residency requirement
for the City Clerk be replaced with a residency preferred requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. AMENDMENT. Title 1, Chapter 7, Section 2 is hereby amended by deleting the
section and substituting the following in lieu thereof:
1-7-2: Appointment and Removal:
The city council shall appoint a city attorney and city manager, who must be qualified electors,
residing within the city. The city council shall appoint a city clerk. Residency shall be preferred but
not required for the city clerk. Within ten (10) calendar days after appointment, each appointee shall
qualify by taking the oath. Such oath shall be filed in the office of the city clerk. In the event the city
attorney, city clerk and city manager are removed from office, such removal must be by a majority
vote of city council.
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi-
sions 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 20th day of June _,20 17
Approved b :
PP Y
Aft Ma?or City Attorney
CITY CLERK / /
aeanorbrdlwndldates.doc
Ordinance No. 17-4714
Page 2
It was moved by Mims and seconded by Thomas
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
_ x Botchway
x Cole
x Dickens
x Mims
x Taylor
x Thomas
x Throgmorton
First Consideration 06/06/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 06/29/2017
that the
Moved by Mims, seconded by Dickens, that the rule requiring
ordinances to be considered and voted on for passage at two
Council meetings prior to the meeting at which it is to be finally
passed be suspended, the second consideration and vote be
waived and the ordinance be voted upon for final passage at this
time. AYES: Thomas, Throgmorton, Cole, Dickens, Mims, Taylor.
NAYS: None. ABSENT: Botchway.
1 r �
MW
CITY OF IOWA CITY
COUNCIL ACTION REPOIT
June 6, 2017
Ordinance amending Title 1, "Administration", Chapter 7, "City Officers; City
Attorney, City Clerk, City Manager", Section 2, "Appointment and Removal'
to replace the residency requirement for the City Clerk with a residency
preferred requirement.
Prepared By: Eleanor M. Dilkes
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The City Council appointees (City Manager, City Attorney, City Clerk) are currently required
by City Code to be residents of the city upon appointment. The Council recognizes the value
of the residency requirement for positions that are entrusted with making policy and/or legal
recommendations to the Council and critical decisions for the City. The higher the level of
decision-making and the higher the compensation, the more likely it is that qualified
candidates can be attracted to a position for which residency is required. Due to the duties
performed by the City Clerk, in recruiting and assessing candidates for the position of City
Clerk, qualifications other than residency within the City limits may, in a particular instance,
be more important than residency. It is in the best interests of the City and its residents that
the residency requirement for the City Clerk be replaced with a residency preferred
requirement.