HomeMy WebLinkAbout2017-08-15 OrdinancePrepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00012)
ORDINANCE NO.
AN ORDINANCE REZONING 2500 SQUARE FEET OF PROPERTY FROM PLANNED HIGH DENSITY
MULTI -FAMILY RESIDENTIAL (PRM) ZONE TO RIVERFRONT CROSSINGS — CENTRAL
CROSSINGS (RFC -CX) ZONE FOR PROPERTY LOCATED AT 114 E. PRENTISS STREET (REZ17-
00012)
WHEREAS, the applicant, Roby Miller, has requested a rezoning of property locally known as 114 E.
Prentiss Street from Planned High Density Multi -Family Residential (PRM) zone to Riverfront Crossings —
Central Crossings (RFC -CX) zone; and
WHEREAS, the subject property is located in the Central Crossings 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 Central Crossings subdistrict, including promoting a mix of
housing options and improving the quality of residential design; and
WHEREAS, the zoning standards that apply in the Central Crossings 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 encouraging
reinvestment in existing properties; and
WHEREAS, the proposed zoning will allow conversion and re -use of an existing building on a very small
property into a duplex;
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
designation of Planned High Density Multi -Family Residential (PRM) Zone to Riverfront Crossings -Central
Crossings (RFC -CX) Zone:
COUNTY SEAT ADDITION E 50' OF S 50' LOT 5 BLK 8
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. 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 Owners expense, upon the final passage,
approval and publication of this ordinance, 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 day of 2017.
MAYOR
APPROVED BY:
ATTEST:
CITY CLERK CITY ATTORNEY'S OFFICE tyl���l7
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 08/15/2017
Vote for passage: AYES: rums,
Botchway, Cole. NAYS: None
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton,
ABSENT: Dickens
that the
Sb
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00013)
Ordinance No.
Ordinance rezoning approximately 0.20 acres of property from
Central Business Support (CB -5) to Central Business Support with a
Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South
Gilbert Street. (REZ17-00013)
Whereas, the applicant, Jesse Allen, has requested a rezoning of property located at 10 South
Gilbert Street from Central Business Support (CB -5) to Central Business Support with a Historic
Preservation Overlay (CB -5 / OHP); and
Whereas, this structure was originally constructed in 1907 as the Unitarian -Universalist
Church, embodies a distinctive characteristics of Tudor -Revival architecture, and is historic in its
association with Eleanor Gordon and her pioneering impact on the Unitarian ministry; and
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
Downtown district; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and its distinctive architectural
characteristics, and has recommended approval; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Downtown and Riverfront Crossings
Master Plan goal of protecting the historic character of the Downtown district, and has
recommended approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Central Business Support (CB -5) zone to Central Business Support
with a Historic Preservation Overlay (CB -5 / OHP) zone:
N 1 10'Lot 4, Block 44, Original Town, Iowa City, Iowa
Section Il. 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 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 day of 20—.
Ordinance No.
Page 2
Attest:
City Clerk
Mayor
Approved by:
411411 N�I-t-y-,v`
City Attorney's Office 0110117
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/15/2017
Vote forpassage:AYES : Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: Dickens
Second Consideration _
Vote for passage:
Date published
that the
Sc,
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00009)
Ordinance No.
An ordinance conditionally rezoning approximately 21.77 acres of
property located north of Rohret Road and west of Lake Shore
Drive, from Rural Residential, RR -1 (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -
Density Single -Family Residential, RS -5, zone. (REZ17-00009)
Whereas, the applicant, Watts Group Construction, has requested a rezoning of property located north of
Rohret Road and west of Lake Shore Drive from Rural Residential, RR -1 (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS -
5, zone; and
Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family and duplex
residential development; and
Whereas, the Low -Density Single -Family (RS -5) Zone would allow a maximum of 5 dwelling units per
acre, which is within the range indicated by the Comprehensive Plan; 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 water pressure analysis and improvements to Rohret Road; 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 designations of Rural
Residential (RR -1) and Interim Development Single Family Residential (ID -RS) to Low -Density Single -Family
Residential (RS -5):
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89°48'18"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15
FEET; THENCE S21052'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT
CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89°47'31"E, ALONG
SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89°47'31"E,
ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
Ordinance No.
Page 2
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE,
133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE
OF ROHRET ROAD SW; THENCE S59056'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE
S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59044'45"W, ALONG SAID
CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE
N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT
CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01015'57"E, ALONG THE WEST
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET,
TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221,
IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55009'02"E,
ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE
NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37°18'02"E;
THENCE N50014'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40013'58"E,
ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78000'56"E, ALONG SAID SOUTHERLY
LINE, 223.03 FEET; THENCE N71000'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE
N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22017'21"E, 135.16 FEET;
THENCE S12°36'51 "E, 60.83 FEET; THENCE S21 °52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION
13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF
BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE
SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07
FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A
POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77
FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13; 'THENCE N89°47'31"W, ALONG THE SOUTH
LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO
SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, 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
Ordinance No.
Page 3
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. Reoealer. 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 20_
MAYOR
ATTEST:
CITY CLERK
A7pp �by
Zvi
City Attorneys Office 7 / a -7//7
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 08/15/2017
Vote for passage: AYES:
Botchway, Cole, Mims
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton,
. NAYS: None. ABSENT: Dickens
that the
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction
(hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 21.77 acres of property located
north of Rohret Road and west of Lake Shore Drive; and
Whereas, the Owner has requested the rezoning of said property from Rural Residential,
RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to
Low -Density Single -Family Residential, RS -5; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to Rohret Road and a water pressure analysis, the
requested zoning is consistent with the Comprehensive Plan; and
Whereas, the applicant has submitted a water pressure study that demonstrates to the
satisfaction of the City Engineer that adequate water pressure exists to serve residential
development of this property; 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 acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan, including necessary improvements on Rohret Road, and adequate water pressure for
residential development; 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. S&J Development LLP is the legal title holder of the property legally described as:
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE
S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
318.30 FOOT CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE;
THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE
pptlatlm/egVrez17-00009 conditonal zoning agreemenLeoc
NORTHEAST CORNER THEREOF; THENCE S89047'31"E, ALONG THE NORTH LINE
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT
PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE
SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF
ROHRET ROAD SW; THENCE S59056'46"W, ALONG SAID CENTERLINE, 111.34
FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE
S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST
LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE,
973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N01015'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE
SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF
SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY,
15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD
BEARS N37018'02"E; THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE,
124.04 FEET; THENCE N40°13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET;
THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE
N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E,
ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT
ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 13; THENCE N89°48'18"W, ALONG SAID SOUTH
LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE
NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS
N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB
ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF
DDOadrnlagVrezl 7.00009 conoi0onal zoning agreement.doc
RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29033'01"E, ALONG SAID SOUTHERLY
LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE
N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING.
SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, 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 Southwest district plan. Further, the parties
acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Upon subdividing any of the property hereby rezoned, the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
b. Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
of improving Rohret Road to the western city limits as determined by the City
Engineer;
4. The Owner and Applicant, and City acknowledge that 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. The Owner and 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
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.
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.
ppd8dM89VMZ17-00009 wnditional inning agreement.doc
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
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by: '
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
20
By:
a
This instrument was acknowledged before me on
20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
Podadre agVrez17-00DG9 c dsbmal inning agre est d 4
This instrument was acknowledged before me on , 20_ by
as
S&J De F ment L cknowledgment:
Siffe of Hyl
County of 1p "50h
of
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Inc.
This record was acknowledged before me on 5?'154-4- (Date)
by KiV-C Setc Y (Name(s) of individual(s) as
I3C (type of authority, such as officer or trustee) of
S4- 3- LL (name of party on behalf of whom record
was executed).
Notary ublic in and for the State of Iowa
,f+y� ROSEMARY IRLBECK
L Commission Number(Stamp or Seal)
or My Com�isilpn Expiresices rp
,II Title (and Rank) N 0�ffiv y
My commission expires:
77p Constrr} tion Acknowledgment:
State of A
Countyof Snhnsovr
This record was acknowled ed before me on �- i Lf`I � (Date)
by (Name(s) of individual(s) as
W nt r (type of authority, such as officer or trustee) of
W qhs GYOLf Covns+ru c i oil (name of party on behalf of whom record
was executed).
ROSLN'., Ilk
$ : Commissicn Number 7906
o Mym3ssi Expires
ppdadn1agVrez17-00009 conditional zoning agreement doc
Notary Public in and for he State of Iowa
(Stamp or Seal)
Title (and Rank) 00-6v/ Pg611 C -i, '- k 0 WA
My commission expires: 7 - 3-1
ppdW"agVrezl7-0 W9 mndi9onal zonng agreem ntdoc
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ17-
00011)
Ordinance No. 17-4718
An ordinance conditionally rezoning approximately 1.59 acres of
property located west of Taft Avenue and east of Huntington Drive,
from Medium Density Single -Family Residential (RS -8) zone to Low
Density Multi -Family Residential (RM -12) zone. (REZ17-00011)
Whereas, the applicant, Arlington LC, has requested a rezoning of property located West of Taft Avenue
and East of Huntington Drive from Medium Density Single -Family Residential (RS -8) zone to Low Density
Multi -Family Residential (RM -12) zone; and
Whereas, the Comprehensive Plan indicates that the area is appropriate for low density residential uses;
and
Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive conditions regarding the future upgrade of Taft Avenue
as an arterial street, minimum lot depths and landscape buffers for double -fronting lots, and compliance with
the applicant's proposed townhome designs intended to provide an appropriate transition to the adjacent
single-family to the north and east; 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 has 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 Medium Density
Single -Family Residential (RS -8) zone to Low Density Multi -Family Residential (RM -12) zone:
BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098, IOWA CITY
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 48, AT PAGE 113
IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89059'58"W,
ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY
13.37 FEET ALONG A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28°43'38"E; THENCE N27°57'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE N00059'54"W,
129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON THE EASE LINE OF AUDITOR'S
PARCEL 2004098; THENCE S00°59'54"E ALONG SAID EAST LINE, A DISTANCE OF 309.10 FEET TO
THE POINT OF BEGINNING, CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND 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.
Ordinance No. 17-4718
Page 2
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 15 thday of August 20 tZ
Jim Throgmorton, MAYO
ATTEST: ce
Kellie K. Fru hling, CITY G4
LE
bLy/
AN
City Attorney's Office
Ordinance No. 17-4718
Page 3
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
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/01/2017
Vote for passage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
08/24/2017
that the
Moved by Mims, seconded by Taylor, that the rule
requiring ordinances to be considered andvoted 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 vcrFe be waived and the ordinance be voted upon
for final passage at this time. AYES: Thomas, Throgmorton, Botchway, Cole,
Mims, Taylor. NAYS:None. ABSENT: Dickens.
Prepared by: Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ17-
00011)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Arlington, LC. (hereinafter "Owner"):
WHEREAS, Owner is the legal title holder of approximately 1.59 acres of property located on
Huntington Drive West of Taft Avenue; and
WHEREAS, the Owner has requested the rezoning of said property from Medium Density
Single -Family Residential (RS -8) to Low Density Single -Family Residential (RM -12) zone; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the future upgrade of Taft Avenue, the need to buffer residential
development on double -fronting lots abutting Taft Avenue, and the appropriate design of
townhomes to transition into the adjacent single-family development, the zoning is in
conformance with the Comprehensive Plan; 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, 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 right-of-way improvements and buffering development from traffic along the arterial
street; and
WHEREAS, the Owner agrees to develop this property in accordance with the terms and
conditions of this Conditional Zoning Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
agree as follows:
1. Arlington Development, Inc. is the legal title holder of the property legally described as
follows:
BEGINNING AT THE SOUTHEAST CORNER OF AUDITOR'S PARCEL 2004098,
IOWA CITY IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN
PLAT BOOK 48, AT PAGE 113 IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S89°59'58"W, ALONG THE SOUTH LINE OF SAID
AUDITOR'S PARCEL, 271.69 FEET; THENCE NORTHEASTERLY 13.37 FEET ALONG
A 500.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WITH A 13.37
FOOT CHORD BEARING N28043'38"E; THENCE N27057'40"E, 30.61 FEET; THENCE
NORTHEASTERLY 142.28 FEET ALONG A 281.50 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY, WITH A 140.77 FOOT CHORD BEARING N13°28'53"E; THENCE
N00°59'54"W, 129.68 FEET; THENCE N89°00'06"E, 215.00 FEET TO A POINT ON
THE EASE LINE OF AUDITOR'S PARCEL 2004098; THENCE S00059'54"E ALONG
SAID EAST LINE, A DISTANCE OF 309.10 FEET TO THE POINT OF BEGINNING,
ppdatlMagtlrezV7 11 =stone bridge = 2
CONTAINING 1.59 ACRES, (69,399 SQUARE FEET), AND 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. Further, the parties acknowledge that 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 the existing regulations, in order to
satisfy public needs caused by the requested change, including the future upgrade of
Taft Avenue and appropriate buffers for lots that front on to the arterial street.
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. At time of final plat, the developer shall grant to City necessary temporary construction
easements, as determined by the City, at no expense to the City, for the improvement of
Taft Avenue to City standards;
b. Prior to issuance of a building permit, the developer shall contribute 12.5% of the cost
of upgrading to City standards that portion of Taft Avenue adjacent to the land currently
being rezoned, as described in paragraph 1 above, pursuant to Iowa City Ordinance 15-
3-2K. The cost shall be based on an estimate to be provided by the City Engineer; and
c. lots adjacent to Taft Avenue shall be a minimum of 140 feet in depth; and
d. A minimum of 50% of the landscaping along Taft Avenue shall be comprised of
evergreen plantings. The landscaping in all other aspects shall substantially comply with
the attached landscaping plan.
4. The Owner and City acknowledge that 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. 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
ppdatlMagVrez17-00011 =stone bridge cza 2
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this 15th day of August 2017,
City of Iowa City Arlington, LC
JinfThrogmorton, Maytr By.
Attest:
6&-W IL "-.
Ke ie K. Fruehlin , City Clerk
Approved by:
9�14l
City Attorney's Office g� 7
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on /"o -dF 1.5- , 201=7 by Jim
Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City
Clerk) as Mayor and City Clerk, respectively, of the City of Iowa City.
(Stamp or Seal)
Title (and Rank) 1.1 u1tis2 Spec)
ppdatlMagVrez17-00011 ora stone bndge ¢a 2 3
This
was acknowledged before me on
as
Notary Public i
(Sta r Seal)
itle (and Rank)
Arlington LC, Acknowledgment:
State of 1p00 -
County of —vlx4 c3
and State
Inc.
This record was acknow1(Vledged before me on 4 I 1 12017 (Date)
b -!aI;vr, u-'), (Rore-tasvV Jr . (Name(s) of individual(s) as
Kre-s1 d ems- (type of authority, such as officer or trustee) of
r1Mc4-oy\ L -Q, (name of party on behalf of whom record
was executed)
Sk'-tX . t� ✓1 eeJo_L
Notary Public in and f6r the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
pptlatlmlaggrez17-00011 = stone bridge cza 2 4
i�'
SHERRI l NOVAK
Commission Number 759307
101111,7
MCOmmIP3�1y n Expires
y
3.�i ra_
Sk'-tX . t� ✓1 eeJo_L
Notary Public in and f6r the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
pptlatlmlaggrez17-00011 = stone bridge cza 2 4
(31
I
1 I I I I
I � I
civil urilzar
1 I LL14'ieS YYAIN�M1.�6
I I ( i , 1 ,.warnes,rar.
I m� � I j I taancm•.welt•;rvn
Vno=M�C
�I p1 Meda
i C � t jl � � ,� - •� I a.� I ca. law...
o
LarEdsca a Plan
t I I
STONE BRIDGE
.1 �I ESTATES PART TEN
4 I%j�Qt I(PNA CfTY
JOHNWNG Ll M
] I I I I IOWA
{ 1 t eMea+sLTAN11s,lvc.
1�i V ��F� � l � _ LPf�E ErrfCUEFN Sr4U0S � I � � fN18`C9
4�' ,/11` (30 �] IYG' TnLLCDY,D 0.FIHQ?41faE vAVi111E% a.� � w�..w�
P1Atx NLLS 5PiU:E M.P YEOt>. M Rte$ LfRGE Ca'L to ,! Mvu..a
-� (}6• NI MtX1CD) LDWST " t/.1_ NIST6I ) .SYAW �„ � TAL!(tIFHJv vAl�*!5
c +ums, t
To: Planning & Zoning Commission
Item: REZ1 7-0001 1/SUB1 7-0008
Stonebridge Estates, Part Ten
Huntington and Thames
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
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:
SPECIAL INFORMATION:
Public Utilities:
STAFF REPORT
Prepared by: Sarah Walz
Date: July 6, 2017
Arlington Development
1486 1" Avenue, Unit A
Iowa City, IA 52240
Duane Musser
1917 S. Gilbert
Iowa City, IA 52240
319-351-8282
Preliminary Plat for a 7.9 -acre subdivision.
Rezoning from RS -8 to RM -12 for 1.59 acres within
the subdivision.
To allow the development of Stone Bridge Estates
Part 10 with a mix of single-family, duplex, and
townhomes.
Thames Drive and Huntington Drive
7.90 acres (subdivision)
1.59 acre (re -zoning)
Undeveloped (RS -8)
North: Single-family residential (County -R)
South: Residential (RM -12)
East: Agricultural (County -Ag)
West: Undeveloped (OPD -5)
Single-family residential
Lower West Branch
June 15, 2017
July 31, 2017
Sanitary Sewer can be extended from neighboring
Iowa City subdivisions on the west and south.
OA
Public Services: The City will provide Police and Fire protection, and
refuse and recycling collection services. The transit
route Eastside Express serves the proposed
subdivision with a stop along Ashford Place.
BACKGROUND INFORMATION
The subject property is located east of Stone Bridge Estates, Parts 7 and 8 and north of Windsor
Ridge, Part 21. The property is bounded on its west by the south branch of Ralston Creek and by
Taft Avenue to its east. Huntington Drive serves as the principal access from Court Street to the
south. Additional access is provided from Thames Drive, which connects with Colchester to the
west. Thames Drive will also connect with Taft Avenue to the east. At this time Taft Avenue is an
unimproved, chip seal road. It is planned as a future north–south arterial street and may serve as
a route to and from the industrial park and proposed eastside sports complex to the south.
The applicant, Arlington Development, has requested a rezoning from Medium Density Single -
Family Residential (RS -8) to Low Density Multi -Family (RM -12) zone to allow for townhomes on lot
147 of the proposed subdivision. The requested RM -12 zoning will allow development of
approximately 8 townhome style multi -family units (two buildings with four units each) adjacent to
an established multi -family zone in Windsor Ridge, Part 21. The applicant has provided elevations
of the proposed buildings. Vehicle access to the units would be from a rear alley.
In 2009, the property was zoned RS -8 with conditions pertaining to the future upgrade of Taft
Avenue as well as minimum lot depths and a landscaped buffer for properties double -fronting
along Taft Avenue. The rezoning also required a stub street abutting the single-family property to
the north such that the Huntington Drive may be extended if the adjacent property is redeveloped
in the future.
The applicant has used the "Good Neighbor Policy'; a Good Neighbor Meeting took place on June
8. In response to concerns expressed by some neighbors, the applicant has amended the
rezoning application to remove the request for RM -12 zoning on lots 148 to 152 located on the
west side of Huntington Drive. RM -12 zoning is now only being requested for lot 147 located on
the east side of Huntington Drive.
ANALYSIS:
Current Zoning: The Medium Density Single -Family Residential (RS -8) zone allows the
development of small lot, single-family dwellings and provides flexibility for duplex development on
corner lots that meet minimum lot area and width standards. Corner lots shown on the plat exceed
the minimum 8,700 square foot standard for duplex development in the RS -8 zone. The remaining
single family lots exceed the minimum 5,000 square foot standard—the smallest lot is 5,898
square feet. Lots on the west side of Huntington Drive are double fronting and are therefore
required by code to be 125% of the minimum lot size (6,250 for single-family detached and
10,875 for duplexes)—all lots meet this standard. In addition, the conditional rezoning, approved
in 2009, requires that lots fronting onto Taft Avenue be a minimum of 140 feet deep in order to
accommodate a minimum 40 -foot setback from the arterial street. All lots meet this standard and
the plat shows the landscaped buffer required by the previous conditional zoning.
Proposed Zoning: The purpose of the Low Density Multi -Family Residential (RM -12) zone is to
provide for the development of high density, single-family housing and low density, multi -family
PC MStaff ReporlsVuV-00011 sub17-00008 stonebridge carrectedl0.doc
3
housing. This zone is intended to provide a diverse variety of housing options in neighborhoods
throughout the city. Careful attention to site and building design is important to ensure that the
various housing types are compatible with one another. The RM -12 zoning proposed for 1.59
acres (lot 147) at the southeast corner of the subdivision would allow for the development of multi-
family housing adjacent to an existing RM -12 zone. The applicant is proposing attached single-
family housing (townhomes), which are allowed with a minimum lot area of 3,000 square feet per
unit. The applicant has submitted a concept and elevations for 2 buildings with 4 townhome units
each.
Compliance with Comprehensive Plan: The Northeast District Plan shows the area north of
Thames Drive as appropriate for single-family housing. Large lots were proposed to allow
space for a buffer to minimize noise and glare from traffic along Taft Avenue. To satisfy the
conditional zoning requirements, the applicant addressed the concern regarding double -fronting
lots by platting deeper lots with a substantial landscaped bugger located within a 40 -foot
setback from the road. The area proposed for the rezoning includes a rear alley with garages
toward Taft Avenue; the 40 -foot setback and landscaped buffer are retained. Staff
recommends the same landscaping plan approved in 2009 continue to be required for
consistency.
Compatibility with neighborhood. The recently established neighborhood on the west side of
the creek consists of single-family housing zoned Low Density Single -Family (RS -5). To the
north is a single-family home on a large lot with County residential zoning. Property to the south
(Windsor Ridge, Part 21) is a Low Density Multi -family (RM -12) zone and is already developed.
Staff believes that zoning to allow townhomes on the east side of Huntington Drive can provide
an appropriate transition from the multi -family to the south, which is oriented toward Taft
Avenue. Duplex lots are proposed at the intersection of Huntington Drive and Thames Drive –
duplex lots on corner properties are permitted under the existing RS -8 zoning.
Environmentally Sensitive Areas: The property is adjacent to Stone Bridge, Parts 7 and 8,
which encompass the South Branch of Ralston Creek along the eastern edge. The developer
has provided a sensitive area site plan indicating the stream corridor and required stream buffer
just outside the property.
Access and street design: The main access to the subdivision will be provided from an
extension of Huntington Drive, which connects to Court Street through Windsor Ridge Part 21
to the south. Thames Drive will provide additional access across the creek to Colchester to the
west and Taft Avenue to the east. Once constructed, Thames Drive will provide the sole east
west neighborhood connection to Taft Avenue between East Court Street and Lower West Branch
Road—the two arterials are approximately one half mile apart with Thames equidistant between
them.
Section 15 -3E -2K of the subdivision code states that "At the discretion of the City, subdivisions
may be approved that access existing public streets that do not meet City standards, provided
the subdivider contributes toward the future construction cost of bringing the segment of the
subject public street that abuts the subject property to City standards." As stated above, Taft
Avenue is currently an unimproved chip seal road, but is planned as a future arterial street.
Therefore the subdivider of Stone Bridge Part 10 will be subject to the arterial street costs
(12.5% of total construction cost) at the time of final plat. This percentage is included in the
existing Conditional Zoning Agreement from when the property was rezoned in 2009, and
PCD15laff Repodstrezl7-00011 sub17-00008 stonebridge conectedIO.doc
4
should also be included in the legal papers for the subdivision.
Because the proposed lots are small, a condition of the 2009 rezoning required the applicant to
provide a detailed landscaping plan to buffer the development from the future arterial street,
which may carry considerable truck traffic. The rezoning for the 1.59 acres on lot 47 should
include the same condition for an enhanced buffer along Taft Avenue. The applicant has
indicated the continuation of the buffer on the submitted plat.
To provide for the future improvement of Taft Avenue, the prior RS -8 rezoning required the
property owner to dedicate space for right-of-way and construction easements at the time of
subdivision. Prior to the issuance of building permits, the property owner must also set aside
funds to establish the landscape buffer along Taft Avenue. The buffer will be installed after the
Taft Avenue is rebuilt. The same conditions should apply to the RM -12 rezoning
The current concept plan shows Huntington Drive continuing north to allow adequate space for
lots on the east side of Huntington to accommodate the buffer as well as usable back yard. A
minimum 40 -foot building setback is required along Taft Avenue. Within this setback a 20 -foot
landscaped buffer is required. The applicant has provided a concept indicating that the
townhomes and rear alley can be accommodated without reducing the buffer area. No fences
are allowed in the 20 -foot buffer area; this prohibition must be made explicit in the subdivision
papers.
The proposed subdivision provides emergency vehicle turn -around at the end of Huntington
where it abuts the single-family property to the north.
Thames Drive includes an 8 -foot sidewalk on the south side of the street to provide an adequate
connection between the planned trail system and the neighborhood to the west of the creek. An
easement along the east side of the creek, which was established with Stonebridge Estates, Part
7, will be vacated and relocated along the edge of Part 10 in order to move the trail back from the
creek and buffer area.
Neighborhood parkland or fees in lieu of: Open space dedication or fees in lieu of are
addressed at the time of subdivision. Based on 1.59 acres of RM -12 zoning and 6.31 acres of RS -
8 zoning, the developer would be required to dedicate 0.58 acres of land. Fees in lieu of
dedication would be appropriate given the lack of suitable open space on this property.
Storm water management:
The applicant will provide infrastructure to convey the storm water to the creek which carries the
100 -year storm run-off to the public storm water management facility—Scott Park Detention Areas
on the south branch of the Ralston Creek. No separate storm water management facility on the
property is required.
Infrastructure fees: The water main extension fee of $435 per acre will apply to this subdivision
and should be noted in the legal papers at the time of final plat approval. No fees for sanitary
sewer are required. As noted above, fees will also be collected for the improvement of Taft
Avenue.
STAFF RECOMMENDATION: Staff recommends that REZ17-00011, a rezoning of 1.59 acres
from Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property
PCD15lalf Repo0strezV-00011 sub V-00008 stonebddge corrected%doc
9
located on Huntington Drive, south of Thames be approved subject to a conditional zoning
agreement requiring compliance with the following:
1. the developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. substantial conformance with the concept plan in regard to lot depths and street layout,
and
3. substantial compliance with the landscaping plan dated 10-12-09
4. substantial compliance with the elevations submitted for two buildings consisting of 4
townhomes each.
Staff recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Rezoning Exhibit
4. Elevations
5. 10/12/08 Landscape Plan
6. Summary Report of Good Neighbor Meeting
Approved by: 44 Y oo�J
John Yapp, Develol4ment Servig6s Coordinator,
Department of Neighborhood afid Development Services
PCD\Staff Repoas\rez17-00011 subW7 0008 stanebridge correctGd10 doc
PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN
STONE BRIDGE ESTATES, PART TEN
IOWA CITY, IOWA FSinNUnpO LCOCNO ANO x0 -
m NSNN
YW CpNsiurtSNC AWMIO�IL
�%6151AVEMZ nE0u04ElPlEvu9
Vx�CM.N 59tl�] SWEmi�,
.Pn.N39u VNLra�F45ar�
u¢ �'�.• .vemm
P
SIM
em
P.lO0.i®d
uWP.xaus
uwsexaDms
u+auueAm�rtcrs
w.manieviusrcaursrs
PRELIMINARVPIAT
&SENSITIVEAREAS
DEVELOPMENT PIAN
cftydIzcfty
r 7
�:omr.m
STONE BRIDGE ESTATES, PART TEN STONE BRIDGE
° ESTATES
n ; �'T _ r PART TEN
l+ IOWA CIN
JOHNSON COUNN
IOWA
ll 1r ` nvevlr
LOCAT_ �N MAP b^�
414888 � .
REZONING EXHIBIT
STONE BRIDGE ESTATES, PART TEN
IOWA CITY, IOWA
WM oNE�X Via. W a ,
I.TE.OAI. MIAEVN9
IOw.OR'.N�] w'Ei U.la '. SIIaO Cp0.LLNLLE NSIIa,
I i
01 I
1
•� ZONE OPOS
GPA94L� IX{FEi 1
I
i
I
�oxuwcMt.ix nus •� mmv umrs
IT
•IM WIaN➢pM eE X}I.E 11]MTE WPCWi6ME.91M19M
m¢mliem's anm nm3� me-s'eM umx Mc mml wrt s wo .umo.a rAa¢ r- I
n rsxx msa nwwxfisr nn mi xwe . xom �r wmrs emc me..c
1RhRY. .IM .1]], f6i EICA BFIRNC YYVYL MWS Hlfy/eOL Ylfl RIP.
:¢M¢ XPTFATFR. 1.)j' B IfET NLNC. IDISO RICE IVdW tNM [I.wrTAIE IIIXMrtSIt6...W1
. . A
mu¢ Rtii Essar m eAvmRi'..ro oma s i rmmrtuxwc la ru¢s levw —
LEGEND
AND NOTES
wovmrt
- �.w(z} Rum 1_ �.u3
m
UA��.a �•�i�+� part u 4
Iv
yQ
ZONE:OPOS I
_ THAMES ®Arn —
20NEOPOS I
1
ZON an
��Y, zax�BPDs
/ zoxeoros
i
SIX
zoxe: DPDs
i / e
®� g"
dQ�'a
-50
[ME VEM
9
ZONERMI2
Qp,44
p �Dx>:RSA
PART 4M9EWY-00 HCS
20NE RMI3
I L59ACRES
CMLENGNEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPEARCHiECTS
ENVIRONMENTALSPECIAUSTS
181. S. GRBfAiST.
IOWACDV,IOVYA S.SeO
1]191=51-03PE
nsullank.nel
REZONING EXHIBIT
STONE BRIDGE
ESTATES, PART TEN
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC
05-25-17
DAM "
we"M JGM Snw.
wtm W GGM ae.e "m L
IDWA LITY
4146476 w, s
4 -FLEX
m
f
Lm
I
— BLACK HILLS SPRUCE
(5-6' HT INSTALLED)
i
I
I
NORTH I
I
I
I
I
♦
I I
I I
I I
I I
LARGE EVERGREEN SHRUBS
UPRIGHT JUNIPER AND ARBORVITAE VAREITIES
(36" HT INSTALLED)
LARGE DECIDUOUS TREES LARGE DECIDUOUS SHRUBS
MAPLE VARIETIES AND HONEY— DOGWOOD AND VIBURNUM VATIEITIES
LOCUST (2" CAL, INSTALLED) (35" HT INSTALLED)
I
7
C
Q
Ir
C �I
(— I
Ya
^-'=
CIVIL ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
1917 S. GILBERTST.
IOWA CITY, IOWA 52240
(319)351-6282
www.mmsconsultantsmet
5741 C ST. SW SUITE C
CEDAR RAPIDS, IOWA 52404
(319)841-5188
Wtc Fevlsbn
Landscape Plan
STONE BRIDGE
ESTATES PART TEN
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
oors10/12/09
vezig�ee D Flew mot Ne.
DAM
mwn ty. Kole.
JDM 1°.20•
cn d5- i m.
DAM i
7cct 90.
4146232 or. 1
Summary Report for
Good Neighbor Meeting
Project Name: Stone Bridge Estates, Part Ten
Meeting Date and Time: June 8, 2017 at 5:30pm
Meeting Location: St. Patricks Church
r t
�•...,
E�
CITY OF IOWA CITY
Location: Huntington & Thames Drive
Names of Applicant Representatives attending: John Moreland
Names of City Staff Representatives attending: Marcia Bollinger
r
Number of Neighbors Attending: ISign-In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary)-
6
ice^ f / L r �.1� Y-/•�e� J = �'ti:'J�� �.
Concerns expressed regarding project (attach additional sheets if necessary) -
Will there be any changes made to the proposal based on this input? If so, describe:
� . IQs LA) e&/�Q 6,14 J e ,-1t, ori.
�U! `'4 G_/• ef Itif ' V_�%,.L'1.6 r
Staff Representative Comments
Initial concerns expressed included the multi -family rental causing instability to the neighborhood.
Others suggested they were told all development to Scott Blvd. would be single family. The schedule for improvements
to Taft and connection with Thames was also of interest as the need to access it by the new residents was important.
Good Neighbor Meeting
June 8th @ 5:30pm
Stone Bridge Estates, Part Ten
St. Patricks Church
`Jr,LPI 006 L61141"
[11'CA40 66 00120, S�;
Planning and Zoning Commission
July 6, 2017—Formal Meeting
Page 10 of 13
Hensch moved to defer the item until the next meeting so an additional goal can be
drafted regarding the woodland preservation along the Dubuque Street entrance.
Dyer noted the houses on Knollwood Lane may qualify as historical houses since they are mid-
century modern that were created by a distinctive developer.
Parsons seconded the motion and concurred.
Parsons noted that when he read the North District Plan there was already mention of trying to
preserve the area, so would that statement remain. Yapp confirmed that would remain in the
Plan. The current language discusses the scenic character of the corridor but doesn't get into
the specific woodland preservation or natural areas.
A vote was taken and the motion carried 6-1 (Signs dissenting)
REZONING / DEVELOPMENT ITEM (REZ17-00011/SU1317-00008)•
Discussion of an application submitted by Arlington LC for a rezoning of approximately 1.59
acres from Medium Density Single -Family (RS -8) zone to Low Density Multi -Family (RM -12)
zone and a preliminary plat of Stone Bridge Estates, Part Ten, a 22 -lot, 7.9 -acre residential
subdivision located southeast of the intersection of Thames Drive and Huntington Drive.
Yapp began the staff report showing a map of the location of the proposed subdivision. The
existing zoning is Medium Density Single -Family Residential (RS -8), to the south is Low Density
Multi -Family (RM -12) zone, and to the west is Planned Development 5, a Planned Development
Single -Family. The proposed application consists of two parts; the first part is rezoning lot 147
to Low Density Multi -Family consistent with the property to the south. The remainder of the
application is for a single-family subdivision, extending Huntington Drive to the northern property
line and extending Thames Drive to Taft Avenue. Yapp explained that the existing RS -8 zoning
does allow duplexes on corner lots and the applicant does intend to construct duplexes at the
intersection of Huntington and Thames Drives and that is why those lots are a little bit larger.
Yapp showed images of the proposed townhouses and lot 147 could accommodate
approximately 8 townhomes that would be accessed from a rear lane. When this property was
first rezoned in 2009 the City required a landscape buffer along Taft Avenue and a concept plan
was adopted and Staff now requires that same concept be required. The concern at the time
was someday Taft Avenue will become a major north/south arterial street and the hope is by the
time that happens this landscaping will have matured and help protect the rear yards of these
properties.
Staff recommends approval of REZ17-00011, a rezoning of 1.59 acres from Medium Density
Single Family (RS -8) zone to RM -12 Low Density Multi -family, for property located on
Huntington Drive, south of Thames be approved subject to a conditional zoning agreement
requiring compliance with the following:
1. The developer is required to dedicate space along Taft Avenue for right-of-way and
construction easements to allow the future improvement of the arterial street;
2. Substantial conformance with the concept plan in regard to lot depths and street layout;
and
3. Substantial compliance with the landscaping plan dated 10-12-09
4. Substantial compliance with the elevations submitted for two buildings consisting of 4
Planning and Zoning Commission
July 6, 2017—Formal Meeting
Page 11 of 13
townhomes each
Stormwater management would be collected near the creek and directed along Scott Boulevard
stormwater basin, a City regional stormwater facility.
Staff also recommends approval of SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located
along Huntington Drive and Thames Drive.
Hensch asked if Taft Avenue from Highway 6 to Rochester Avenue was a City road. Yapp
stated that most of that is half City half County but the City does have a maintenance agreement
with the County regarding who does dust control and snow removal.
Hensch shared the concern again regarding the appropriate amount for the developer to have to
improve. Yapp stated that when this property was rezoned in 2009 the amount (the 12.5%) was
stated in the Conditional Zoning Agreement at that time. Freerks noted these dwellings will be
fronting onto Huntington Drive not Taft Avneue.
Dyer asked if there are plans to extend the City limits to the other side of Taft Avenue at some
point. Yapp replied that the City's growth area does not extend much further east. The growth
area is defined as areas where the City can provide gravity sewer so unless a significant sewer
pump station were funded and constructed they could not provide sewer no more than a quarter
mile east of Taft Avenue.
Freerks opened the public hearing.
John Moreland (960 Arlington Drive) is the developer. He noted that 25 years ago they started
on American Legion Road with 300 acres and have developed all the way up to Lower West
Branch Road. They have been very successful in mixing multi -family with single-family and feel
it is important to have a different price point for everyone involved. One of the reasons that
prompted this rezoning was the ability to build duplexes only on corner lots. Since there is the
cross street that goes through this area it allows for a nice place to put some ranch -style
duplexes which are very popular for retirees. They held a Good Neighbor Meeting and scaled
reduced the amount of townhouses they were originally proposing due to the feedback.
Freerks closed the public hearing.
Martin moved to approve SUB17-00008, a 22 -lot, 7.9 acre preliminary plat located along
Huntington Drive and Thames Drive and also REZ17-00011, a rezoning of 1.59 acres from
Medium Density Single Family (RS -8) zone to RM -12 Low Density Multi -family, for
property located on Huntington Drive, south of Thames be approved subject to a
conditional zoning agreement as stated in the Staff Report.
Parsons seconded the motion.
Hensch stated he likes seeing the mix of housing types in this area and supports that. Freerks
agrees.
A vote was taken and the motion carried 7-0.
Prepared by: Emily Bothell, Assistant Trans. Planner, 410 E. Washington Street, Iowa City, IA 52240=-356-5250
Ordinance No. 17-4719
Ordinance amending Title 9, entitled "Motor Vehicles and Traffic," chapter
3, entitled "Rules of the Road," section 6, entitled "Speed Restrictions,"
subsection C, entitled "School Speed Zones" to establish a 20 mph school
speed zone for Horace Mann Elementary School effective for certain time
periods
Whereas, it is in the best interest of the City to define maximum allowable speeds for all
vehicles on public streets and highways; and
Whereas, it is in the best interest of the City to limit vehicle speeds near schools to 20 mph to
create a safer environment for school children; and
Whereas, City Code Section 9-3-6(C) currently defines 20 mph school speed zones for streets
near elementary schools;
Whereas, Horace Mann Elementary School is located on Dodge Street in Iowa City, which is
also State Highway 1, and therefore staff coordinated with the Iowa Department of
Transportation to set the school speed zone; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 9, entitled "Motor Vehicles and Traffic," chapter 3, entitled "Rules of the Road," section
6, entitled "Speed Restrictions," subsection C, entitled "School Speed Zones" is hereby
amended by adding "unless otherwise specifically noted herein" and by adding a portion of
Dodge Street as a school speed zone as follows:
C. School Speed Zones: Upon the basis of a traffic investigation, school speed zones on the
following streets are established in which the maximum speed limit shall be twenty (20)
miles per hour from seven o'clock (7:00) A.M. through five o'clock (5:00) P.M., on Monday
through Friday of each week, unless otherwise specifically noted herein, after the city
manager, or designee, has established signs to designate the zones:
Name of Street Where Limit Applies
From 350 feet north of Church Street to a point 250 feet
south of Church Street effect during the following periods
Dodge Street — 7:25 AM to 8:10 AM and 2:40 PM to 3:25 PM Monday,
Tuesday, Wednesday, and Friday and 7:25 AM to 8:10
AM and 1:40 PM to 2:25 PM on Thursday when school
is in session
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 19th day of August 2017.
Ma or
Attes :' c 2
le
City Clerk
Approved by
City)Attorney's Office
Ordinance No. 17-4719
Page 3
It was moved by Mims and seconded by Thomas
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
X
X
X
ABSENT: ABSTAIN:
First Consideration 08/01/2017
Vote for passage -AYES: Throgmorton,
Dickens, Mims, Taylor, Thomas.
Second Consideration _
Vote for passage:
Date published
08/24/2017
x
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
that the
Botchway, Cole,
NAYS: None. ABSENT: None.
Moved by Mims, seconded by Taylor, 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: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims. NAYS: None. ABSENT: Dickens.
► r �
�m11r �
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 1, 2017
Ordinance amending title 9, entitled "Motor Vehicles and Traffic," chapter 3,
entitled 'Rules of the Road," section 6, entitled "Speed Restrictions,"
subsection C, entitled "School Speed Zones" to establish a 20 mph school
speed zone for Horace Mann Elementary School effective for certain time
periods
Prepared By: Emily Bothell, Acting Sr. Transportation Engineering Planner
Reviewed By: Kent Ralston, Transportation Planner
Doug Boothroy, Neighborhood & Development Services Director
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This proposed ordinance amendment facilitates the implementation of a 20 mph school zone
speed limit on Dodge Street near Horace Mann Elementary School.
Background / Analysis:
This ordinance amendment establishes a school zone speed limit of 20 miles per hour on
Dodge Street from 350 feet north of Church Street to a point 250 feet south of Church Street
effect during the following periods— 7:25 AM to 8:10 AM and 2:40 PM to 3:25 PM Monday,
Tuesday, Wednesday, and Friday and 7:25 AM to 8:10 AM and 1:40 PM to 2:25 PM on
Thursday when school is in session. Staff coordinated this amendment with the Iowa DOT as it
is part of the State Highway system (Highway 1).
7
i
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amending Title 4, entitled "Alcoholic everages" and Title
10, entitled "Public Ways and Property, to al ow alcohol in park
shelters.
Whereas, the City Code allows possession and consumption of alcohol in parks only with a
permit or by a written agreement;
Whereas, the Parks and Recreation Commission has recommended that the restrictions on
alcohol in park shelters be relaxed; and
Whereas, it is in the City's interest to allow possession and consumption of beer and wine in
park shelters with a shelter reservation except for the shelters in Napoleon Park and I.C. Kickers
Park.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 4, entitled "Alcoholic Beverages," Chapter 5, entitled
"Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places
and City Buildings," is amended by adding the following two sentences to Subparagraph B:
Notwithstanding any other provision in this section, a person may possess and consume
beer or wine inside any park shelter, with the exception of those in Napoleon Park and I.C.
Kickers Park, during the time period the shelter has been reserved. All persons reserving a
shelter and all persons possessing and consuming beer or wine in the shelter shall abide by
the administrative rules approved by the City Manager.
2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by deleting
Subparagraph F and substituting in lieu thereof the following new Subparagraph F:
Alcoholic Beverages. Possess or consume alcohol except as provided in Section 4-5-3 of
the Code.
Section It. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section Ill. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
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 day of .2017.
Mayor
Attest:
City Clerk
Approved by
S� a dS'-i f
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:
First Consideration _
Vote for passage:
Throgmorton,
Second Consideration _
Vote for passage:
NAYS: Cole
Date published
ABSENT: ABSTAIN:
08/01/2017
AYES: Dickens, Mims,
Botchway. NAYS: Cole.
08/15/2017
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas,
ABSENT: None.
that the
AYES: Throgmorton,Botchway, Mims, Taylor, Thomas.
ABSENT: Dickens
CITY OF IOWA CITY
COUNCIL ACTION REPORT
August 1, 2017,
Ordinance amending Title 4, entitled "Alcoholic Beverages" and
Title 10, entitled "Public Ways and Property," to allow alcohol in
park shelters
Prepared By: Juli Seydell Johnson, Director of Parks & Recreation
Reviewed By: Sue Dulek, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: Approval
Attachments: Ordinance, 5-10-17 Park Commission Minutes
Executive Summary:
This action amends City Code to allow for the consumption of beer and wine during park shelter
reservations.
Background / Analysis:
A resident recently sent a request to City Council asking the City to reconsider policies relating
to alcohol consumption during park shelter rentals. The City Council briefly discussed this at the
May 2, 2017 work session. Council directed staff to research similar policies from other cities,
discuss it with Parks and Recreation Commission, and return to Council for further discussion.
Other Cities' Policies:
Alcohol in parks policies were reviewed from the communities listed below. Iowa City is the only
one of the group that currently prohibits alcohol in parks. None of the cities below reported
concerns or issues with consumption of alcohol in their parks.
• Coralville — Beer and wine are allowed in the park with the purchase of a $15.00 alcohol
permit obtained at the time of shelter reservation.
• Dubuque — Wine, alcohol and canned beer are allowed. Wine and alcohol must be
served in plastic containers. Keg beer is not allowed except by approval of the Leisure
Services Manager.
• Ames — Keg beer is not allowed in any park. Beer and wine are allowed in Brookside,
Inis Grove, McCarthy Lee, North & South River Valley and Moore Memorial Parks.
Alcohol beverages of any kind are not allowed in any other park areas.
• Cedar Rapids — Canned and bottled beer is allowed in the parks; anything larger than
one quart size requires a $12 permit purchased in person at least 5 business days prior
to the event. Police verify compliance with all permitted events.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
• Davenport — Authorization for serving alcohol in park facilities requires the user to secure
host liability insurance for event.
• Cedar Falls — Keg beer is not allowed. Alcohol in parks is confined to shelters during
permitted reservations.
The Parks and Recreation Commission reviewed policies from other Iowa cities, heard public
comment, and discussed a change in policies to allow alcohol use in park shelters. The
Commission made a recommendation that the alcohol policy be amended to allow for the
consumption of wine and beer shelters. Additionally, the Commission expressed concerns that
additional fees for either permits or insurance would likely deter renters from complying with a
policy change and asked staff to consider the benefits and cost of all additional fees.
Department representatives from Parks & Recreation, the City Attorney's Office, the City
Manager's Office and Police met to determine how best to implement the change. The
consensus of this group is to recommend a change to the City Code to allow alcohol at all
shelter rentals by right except those at Napoleon Softball and Iowa City Kicker's Soccer
complexes since these two venues primarily cater to youth sports.
No change is recommended to the alcohol policies for Terry Trueblood Lodge and the Ned
Ashton House. The City will continue to require host liability insurance at these facilities. These
policies are more comprehensive due to the size, type of facility and complexity of events held
in these buildings.
Insurance:
The Commission expressed concern about the additional cost to shelter renters by requiring
host liability when alcohol is present. A policy for a one-time event costs approximately $100.
The shelters covered by this proposed change are largely open air shelters. Staff felt that the
amount of potential damage during a shelter use would be covered by the damage deposit
collected for all shelter rentals.
Additional Permit with Additional Fee:
Requiring an alcohol permit with an additional fee of $15-20 was considered. The benefit of a
permit would be to serve as a check to ensure that the person renting the shelter is at least 21
years old. The extra permit would also provide a list of shelter rentals that plan to have alcohol
available to police and park staff. However, requiring an ID check would mean that shelter
reservations could only be done in person at the Recreation Center Customer Service counters
rather than on-line as they are currently available.
Police did not feel that the list of alcohol permits would be appreciably different from the current
list of shelter rentals. Enforcing the age requirement, open container issues outside the shelters
or behavior issues related to alcohol use could be enforced without the need of an alcohol
permit. The City Attorney cautioned that an administrative fee must reflect the additional service
CITY OF IOWA CITY
COUNCIL ACTION REPORT
received for the fee. Staff felt that there was not sufficient additional staff time to require the
additional fee.
As a result, issuing a separate permit for alcohol consumption or requiring additional insurance
was determined to not add an appreciable amount of oversight from either police or park staff
and would likely deter park users from following the new regulations.
Restrictions on Type of Alcohol:
The recommendation is to allow only wine and beer inside the shelters. Containers up to the
size of pony keg (the equivalent of 82 - 12 ounce cans) would be allowed. The allowance of
small kegs of beer was based on a previous appeal by residents wishing to bring in growlers or
smaller kegs of home brewed and locally brewed beer not available in individual containers.
If Council approves this ordinance, staff will change the Administrative Policies for parks to
prohibit glass containers. This is in response to clean up and safety issues in the park areas.
Restriction on Consumption at Youth Athletic Facilities:
Staff recommends that alcohol not be allowed in the shelters at the Iowa City Kickers Soccer
Complex or Napoleon Softball Fields as these two areas are primarily used for youth athletic
events.
Administrative Policy vs Ordinance Change:
The City Code currently requires a permit for alcohol in the parks, and in order to allow beer and
wine by right with a shelter reservation, the Code needs to be amended. By placing restrictions
in an ordinance, rather than an administrative policy, staff can issue a municipal infraction for a
violation if necessary.
0
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No. 17-4720
Ordinance amendingTitle 16, entitled "Public Works" Chapter 1,
entitled "Streets Sidwalks and Public Right of Way," to establish a
permit process for placement of small cell antennae in the right of
way.
Whereas, SF 431, which is effective July 1, 2017, limits the ability of the City to regulate the
placement of small antennae by private companies on poles in the right of way, including on City
traffic and light poles, as well as the installation of new poles;
Whereas, the antennae are used to provide cell phone service;
Whereas, SF 431 allows the City to establish a permitting process for placement of small
antennae on poles in the right of way and installation of new poles in the right of way; and
Whereas, it is in the best interest of the City to adopt a permitting system consistent with the
requirements of SF 431.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments
1. Title 16, entitled "Public Works," Chapter 1, entitled
"Streets, Sidewalks and Public Right of Way," is amended by adding the following new Article G
entitled "Small Wireless Facility Use Permit":
1. No person may site a small wireless facility in the right of way or on a City structure
except as provided herein.
2. Definitions. micro wireless facility, small wireless facility, siting, transmission equipment,
and utility pole shall be defined as those terms are defined in Chapter 8C of the Code of
Iowa.
Application means a request to site a small wireless facility in the right of way.
City structure means a structure owned by the City that exists at the time an application
is submitted and is capable of supporting the attachment or installation of transmission
equipment in compliance with applicable codes, including but not limited to water towers,
buildings, and other structures, whether within or outside the public right-of-way. It does
not include a tower or existing base station or other structure owned by the City that
exists at the time an application is submitted.
Small Wireless Facility Use Permit means written authorization to site a small wireless
facility in the right of way.
3. A. The application shall be submitted to the Public Works Department on a form
provided by the Public Works Department.
B. The application shall be deemed granted unless the Director of Public Works, or
designee, denies or approves it within 90 days of submission of a completed application.
The City and the applicant may agree in writing to extend the time for processing an
application. If the City receives applications for the approval of more than seventy-five
small wireless facilities within a single seven-day period, whether from a single applicant
or from multiple applicants, the Director of Public Works, or designee, may notify an
applicant submitting any additional siting applications during that seven-day period that
the City is invoking its right to an automatic thirty -day extension for any additional siting
application submitted during that seven-day period.
C. The Director of Public Works, or designee, may only deny an application if any of the
following apply:
i. The application fails to include reasonable information required by the City and in
accordance with this subsection.
ii. The application does not comply with the Iowa electrical safety code, the national
electrical safety code, applicable fire safety codes, or any building code or similar
code of general applicability for the protection of the public health, safety, or
welfare that was adopted by an City prior to the filing of the application.
iii. The application would result in the City being noncompliant with the federal
Americans With Disabilities Act.
iv. (A) A licensed engineer selected by the applicant or the City certifies that siting
the small wireless facility as proposed would compromise the structural safety of,
or preclude the essential purpose of, the utility pole or wireless support structure
in the public right-of-way on which it is proposed to be sited and any of the
following conditions apply:
(1) The applicant fails to redesign the small wireless facility in a manner
determined necessary by the engineer to make the existing utility pole or wireless
support structure structurally sound for the siting of the small wireless facility.
(2) The applicant fails to modify the utility pole or wireless support structure to
make the structure structurally sound for the siting of the small wireless facility.
(3) The applicant fails to replace the utility pole or wireless support structure with
a utility pole or wireless support structure that is structurally sound for the siting
of the small wireless facility.
(4) The applicant fails to propose an alternative location for the siting of the small
wireless facility.
(B) If an applicant chooses to modify or replace a utility pole or wireless support
structure to make the structure structurally sound for the siting of a small wireless
facility, the applicant shall pay or advance to the City the costs of modifying or
replacing the utility pole or wireless support structure with a utility pole or wireless
support structure that would safely support the small wireless facility and
preserve the essential purpose of the utility pole or wireless support structure.
v. The application seeks approval of a new small wireless facility, utility pole, or
wireless support structure that would impair, interfere with, or preclude the safe
and effective use of facilities already located in the public right-of-way for
pedestrian, vehicular, utility, or other City public right-of-way purposes.
A. The application seeks approval for the siting of a small wireless facility outside
the public right-of-way that would impair, interfere with, or preclude the safe and
effective use of a City structure or property for a public purpose.
vii. The application seeks approval for the siting of a small wireless facility on a
wireless support structure used exclusively for emergency communications
equipment.
viii. The application seeks approval for the siting of a small wireless facility on a utility
pole that is the vertical portion of a support structure for a traffic control signal or
device, and the City determines that the utility pole lacks sufficient space or load
capacity for the proposed siting or the small wireless facility cannot be sited on
the utility pole without impairing the public health, safety, or welfare.
B. The Director of Public Works, or designee, shall document the basis for the denial,
including the specific code provisions or standards on which the denial is based, and
provide the applicant with such documentation on or before the date the application
is denied.
C. An applicant whose application is denied shall have an opportunity to cure any
deficiencies identified by the Director of Public Works, or designee, as the basis for
the denial and to submit a revised application within thirty days following the date of
denial without paying an additional fee. The Director of Public Works, or designee,
shall approve or deny a revised application within thirty days following submission.
The Director of Public Works, or designee, shall not identify any deficiencies in a
second or subsequent denial that were not identified in the original denial.
4. A. The duration of a permit shall be ten years, with one automatic five-year renewal.
B. The owner of the small wireless facility may terminate the permit upon providing
ninety days' notice to the City.
C. The construction of a small wireless facility permitted pursuant to this City Code
section shall commence no later than two years following the date that the permit is
issued, or two years after any appeals are exhausted. If construction is not
commenced as provided herein, the permit expires.
D. Upon expiration of the permit or upon termination by the owner, the owner shall
remove the small wireless facility from the right-of-way at its sole cost. If the owner
fails to do so within thirty days, the City may remove it and discard it at the owner's
expense.
5. The permit is subject to the following conditions:
A. Payment of the annual recurring rate.
B. Compliance with the Iowa electrical safety code, the national electrical safety code,
applicable fire safety codes, and any building code or similar code of general
applicability for the protection of the public health, safety, or welfare that the City has
adopted prior to the filing of the application.
C. The small wireless facility reasonably matches the aesthetics of an existing utility pole
or wireless support structure that incorporates decorative elements. Aesthetics
includes but is not limited to color.
D. Compliance with section 306.46(1) and section 306.47 of the Iowa Code.
E. After the construction of a small wireless facility or new utility pole is completed in
accordance with all conditions under which the permit is granted, the owner of the
small wireless facility or new utility pole, or the owner's successor in interest, shall
maintain the small wireless facility or new utility pole at the expense of the owner or
successor.
F. If, after the construction of a small wireless facility or new utility pole is completed in
accordance with all conditions under which the permit is granted, the City
subsequently undertakes any maintenance, public improvement project, or
reconstruction of City -owned property or equipment which requires the modification,
relocation, or reconstruction of the small wireless facility or new utility pole, such
work and the costs thereof shall be the responsibility of the owner or successor. If
the project necessitating the modification, relocation, or reconstruction of the small
wireless facility or new utility pole is for a private commercial purpose, the owner or
successor shall modify, relocate, or reconstruct the small wireless facility or new
utility pole upon prepayment of the costs of such work by the private commercial
entity whose project facilitates the need for such work. For purposes of this provision,
.new utility pole' means a new utility pole installed by a wireless service provider
pursuant to this section solely for use as a wireless support structure and that is
owned by the wireless service provider.
G. The height shall not exceed the limitations in Section 8C.7C(1) of the Iowa Code.
6. A wireless service provider shall obtain a permit to work in the right-of-way or on a City
structure located outside of the right-of-way with the same terms and conditions provided for
other commercial projects or uses in the right-of-way or on a City structure, such as
excavating permit.
In addition to obtaining a Small Wireless Facility Use Permit, a person shall obtain a Micro
Wireless Facility single -use right-of-way permit for the installation, placement, operation,
maintenance, or replacement of a micro wireless facility if any of the following conditions
apply:
A. The work is contained within a highway lane or requires the closure of a highway
lane.
B. The work disturbs the pavement, shoulder, ditch, or operation of a highway.
C. The work involves placement of a micro wireless facility on a limited access right-of-
way.
D. The work requires any specific precautions to ensure the safety of the traveling
public or the protection or operation of public infrastructure and such work was not
authorized in, or will not be conducted in, the same time, place, or manner that is
consistent with the approved terms of the existing permit for the facility or structure
upon which the micro wireless facility is attached.
E. For purposes of this subparagraph division, "highway" means the same as defined in
Section 325A.1 of the Iowa Code.
8. Fees and rates shall be set by resolution.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction.
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 d approved t%hiss 15th day of August 2017.
Mayr �%
Atte �1���
City Clerk `/J�
Approved by
�' 6 -r4
City Attorney's Office
Ordinance No. 17-4720
Page 6
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
x
x
x
x
x
x
ABSENT: ABSTAIN:
x
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/01/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,
Thomas, Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
08/24/2017
Moved by Mims, seconded by Taylor, 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, Mims, Taylor, Thomas, Throgmorton�Botchway
NAYS: None. ABSENT: Dickens.
IS 1 CITY OF IOWA CIT
� ®ad 08-15-17
COUNCIL ACTION REPOF__ 9
August 1, 2017
Ordinance amending Title 16, entitled "Public Works," Chapter 1, entitled
"Streets, Sidewalks and Public Right of Way," to establish a permit process
for placement of small cell antennae in the right of way
Prepared By:
Susan Dulek, Assistant City Attorney
Reviewed By:
Ron Knoche, Public Works Director
Geoff Fruin, City Manager
Fiscal Impact:
No impact
Recommendations:
Staff: Approval
Commission: N/A
Attachments:
Ordinance
Executive Summary:
SF 431 passed this spring limits the ability of cities to prevent private companies from placing their
small antennae on poles in the right of way, including on City traffic and light poles. These
antennae are used to provide cell phone service. This ordinance establishes a permitting process
consistent with the requirements of SF 431.
Background / Analysis:
SF 431, although effective July 1, applies to applications for placement of antennae in the right
of way received after September 1, 2017. SF 431 amends Chapter 8C of the Code of Iowa,
which was enacted two years ago to provide uniformity throughout the State for purposes of
locating cell towers. SF 431 similarly limits how cities can regulate the placement ("siting" is the
term in the law) of small antennae on poles in the right of way. These poles include City light
poles and traffic poles. In addition, SF 431 allows the private company to install its own poles in
the right of way with limited exception.
Previously, cities at their discretion could enter into an agreement with a business essentially to
lease space on a municipal pole. SF 431 prohibits cities from requiring an agreement, but
authorized cities to require a permit for the siting on an existing pole or the installation of a new
pole. The reasons for cities to deny an application and the conditions of the permit are largely
set forth in the state law. The term of the permit must be at least 10 years with the option for a
5 -year renewal.
The ordinance, which largely mirrors SF 431, provides that the City must grant the application
for the siting of an antenna on a City pole or installing a new pole with limited exception. Such
exceptions include: a) it must "reasonably match the aesthetics of an existing utility pole"; b) it
cannot interfere with the operation of the street; and c) "if a licensed engineer certifies that it
would compromise the structural safety of, or preclude the essential purpose" of the pole.
Conditions of the permit include that the company must maintain the antenna, and if the City
subsequently undertakes a public improvement project that requires the relocation of the
antenna or a new pole, such costs are the responsibility of the private company.
The proposed ordinance addresses the permitting provisions of Section 3(3) in SF 431. Staff will
r CITY OF IOWA CITY
�r COUNCIL ACTION REPORT
be submitting an ordinance to the Planning and Zoning Commission with respect to the zoning
provisions of SF 431 in the near future.
The fees that cities may charge are capped by the State law, and a resolution on fees will be on
the same agenda as the third consideration of this ordinance.