HomeMy WebLinkAbout2020-01-07 OrdinanceItem Number: 9.a.
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CITY OE IOWA CITY
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January 7, 2020
Ordinance conditionally rezoning approximately 35.29 acres of land located
north of American Legion Road and east of Eastbrook Street from County
Residential (R) zone to Interim Development - Single Family Residential (ID -
RS) zone. (REZ19-09) (Second Consideration)
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Description
PZ Staff Report w Attachments
P&Z Minutes
Ordinance & CZA
STAFF REPORT - UPDATED
To: Planning & Zoning Commission
Item: ANN19-01/REZ19-09
GENERAL INFORMATION:
Prepared by: Ray Heitner, Associate Planner
Date: October 17, 2019
Updated: November 7, 2019
Applicant: Allen Homes, Inc.
PO Box 3474
Iowa City, IA 52244
319-350-8238
allenhomesinc@gmail.com
Contact Person:
Same as Applicant
Property Owner: Hieronymous Family Partnership, LLC
3322 Muscatine Avenue
Iowa City, IA 52240
Requested Action:
Annexation & Rezoning
Purpose: Annexation of 35.29 acres of land currently in
unincorporated Johnson County and rezoning it
from the County Residential (R) zone to Interim
Development — Single -Family Residential (ID -RS).
Location: East of Eastbrook Street and north of American
Legion Road
Location Map:
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
K
35.29 acres
Farmland, County Residential (R)
North: P-1 — Neighborhood Public (Parkland)
South: R — County Residential (Farmland and
Religious Space)
East: RS -5 - Low Density Single -Family
Residential (Residential)
West: P-1 — Neighborhood Public (Parkland)
RM -12 - Low Density Multi -Family
Residential (Residential)
Iowa City/Johnson County Fringe Area
Agreement
District Plan: Southeast District Plan — Low/Medium Single -
Family Residential and Duplex; Medium/High
Density Single -Family Residential and
Townhouse
Neighborhood Open Space District
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
SE3
July 25, 2019
N/A since associated with an annexation
The applicant, Allen Homes, Inc., with the consent of the owners, Hieronymous Family
Partnership LLC., is requesting annexation and rezoning of 35.29 acres of property located
east of Eastbrook Street and north of American Legion Road. The applicant has requested
that the property be rezoned from County Residential (R) to Interim Development Single -
Family (ID -RS) for the entire 35.29 acres.
This area is located adjacent to Iowa City's current boundary and within Fringe Area B of
Johnson County's Fringe Area Agreement with Iowa City. The Southeast District Plan
shows this area within the City's growth area with a future land use of low/medium single-
family residential and duplex housing at a density of 2-8 dwelling units per acre. A western
portion of the property (shown below in Figure 1.0) is shown as having medium/high
density single-family residential and townhouse housing at a density of 8-13 dwelling units
per acre.
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
3
Fiqure 1.0 - Subiect Property within the Southeast District Plan Map
The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
Southeast District - Plan Map
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The applicant has chosen to not use the "Good Neighbor Policy" for this annexation and
rezoning. A subsequent rezoning will be necessary before the property is platted and
developed, at which time, staff would encourage the developer to hold a "Good Neighbor"
meeting.
ANALYSIS:
Annexation: The Comprehensive Plan has established a growth policy to guide decisions
regarding annexations. The annexation policy states that annexations are to occur
primarily through voluntary petitions filed by the property owners. Further, voluntary
annexation requests are to be reviewed under the following three criteria. The
Comprehensive Plan states that voluntary annexation requests should be viewed positively
when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located within the City's long-range growth boundary.
The boundary is located about 1 mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City. The Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods to reduce the costs of providing
infrastructure and City services. The subject property is bordered by the city limits on the
west, north, and east sides. Therefore, the subject property is contiguous to current
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
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development and meets the goal of contiguous growth.
The Southeast District Plan pays specific attention to the subject area, calling it out as an
area that has been bypassed by past development in favor of leapfrog development to the
north and east. Within the subject area, the Southeast District Plan calls for single-family
and duplex residential development at low to medium densities, with some room for
medium/high density single-family residential and townhouse style development on the
property's west end. Development of this area will provide more efficiency for city services
and supply needed connections to existing surrounding development.
The proposed annexation will help to accomplish the City's larger goal of fulfilling the need
for expanded housing options to accommodate the City's growing population. Because of
this need, staff is recommending that as a condition of the rezoning, the developer satisfy
the Comprehensive Plan's amended Annexation Policy, as stated in Resolution 18-211. The
amended policy requires annexation of land for residential use of 10 or more dwelling units
satisfy the City's goal of creating and maintaining a supply of affordable housing by
providing affordable units equal to 10% of the total units in the annexed area, with an
assurance of long-term affordability.
3. Control of the development is in the City's best interest. The property is within the
Growth Area. It is appropriate that the proposed property be located within the city so that
residents of future development may be served by Fire, Police, water, and sanitary sewer
service. Annexation will allow the City to provide these services and control zoning so that
the subject area remains compatible with the Comprehensive Plan.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
Zoning: The subject property is currently zoned County (R) Residential. This zone allows for
single-family residential dwellings to be built in the subject area. Because of the subject
area's location in Iowa City's Fringe Area within the growth boundary, all development in
this area must be constructed to City standards and it is unlikely that development would
occur prior to annexation.
The applicant is requesting rezoning of the subject property to Interim Development Single -
Family (ID -RS) for all 35.29 acres of the property. The purpose of the Interim Development
zone is to provide areas of managed growth in which agricultural and non -urban land uses
can continue until the City is able to provide services to support development. Under this
zoning, the only use that is permitted by right is agriculture. The applicant is currently
exploring options for subdividing and developing the property. Because the proposed
layout of the property is still undetermined, interim zoning is appropriate for this property.
Sanitary Sewer and Water: The developer will be required to pay a water main extension
fee of $456.75 per acre before public improvements are constructed. The subject property
is located outside of the sewer tap -on fee district, and will not be required to pay sanitary
sewer tap -on fees. There is a stormwater detention easement over the northwestern
portion of the property. It is anticipated that any future development will mostly be located
outside of this easement area.
Environmentally Sensitive Areas: The subject property does not contain any
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
5
environmentally sensitive features. The northern and western portions of the property
are located in the 100 and 500 -year flood plains.
Access and Street Design: To match existing right-of-way located to the west and east of
the subject property, staff is recommending that as a condition of the rezoning, the
developer dedicate 17 feet of additional right-of-way to the City when the property is
platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending another condition to
allow for the conveyance of a temporary construction easement to the City along the
north side of American Legion Road.
Since the proposed rezoning is only for Interim Development Single -Family residential
(ID -RS), the applicant does not yet have a design for street access and interior street
connectivity on the subject property. These designs will become available for analysis
upon subsequent rezoning and platting of the property.
NEXT STEPS:
Pending recommendation of approval of the proposed annexation and rezoning from the
Planning and Zoning Commission, the City Council will hold a public hearing. Before the
public hearing, utility companies and non -consenting parties will be sent the application via
certified mail. Pending approval of the annexation by the City Council, the application for
annexation will be sent to the Secretary of State's Office for final approval and
acknowledgement.
STAFF RECOMMENDATION:
Staff recommends approval of ANN19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim
Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
ATTACHMENTS:
1. Aerial Map
2. Zoning Map
3. Location Map
4. Applicants Statement
5. Temporary Construction Easement Map
Approved by: S,
e e Sitzman, AICP
Department of Neighborhood and Development Services
PCD\Staff Reports\staff report ann19-01 rez19-09-revised final.doc
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An application submitted by Allen Homes,
Inc. for the annexation of 35.29 acres of
property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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An application submitted by Allen Homes,
Inc. for the annexation of 35.29 acres of
property located East of Eastbrook St and North
of American Legion Rd and rezoning of the subject
property from County Residential (R) to Interim
Development - Single -Family Residential (ID -RS).
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Johnson County Recorder's Office; Thence N00°33'49"E, along the East Line of
said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof, and a
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in accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the
Records of the Johnson County Recorder's Office; Thence S89026'59"E, along said
South Line, 373.32 feet, to the Southeast Corner thereof; Thence N01 °31'04"W,
along the East Line of said Parcel 1, a distance of 756.10 feet; Thence
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East Line, 690.91 feet, to the Northeast Corner thereof; Thence N89°45'05"E,
177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the
Records of the Johnson County Recorder's Office; Thence S00°50'20"E, along said
West Line, and the West Line of Windsor West - Part One, in accordance with the
Plat thereof Recorded in Plat Book 50 at Page 266 of the Records of the Johnson
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County Recorder's Office, 1910.78 feet, to the Southwest Corner of said Windsor
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Section 18; Thence N89°26'40"W, along said South Line, 1169.60 feet, to the Point
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of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
easements and restrictions of record.
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Applicant Statement:
The property is proposed to be annexed and zoned as part of Iowa City, in order to meet the
continuing demand for residential housing. The property is adjacent to Iowa City corporate
limits, and within the growth area. With the pending American Legion Road reconstruction
project, urban infrastructure will be in place to serve this and surrounding properties.
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MINUTES FINAL
PLANNING AND ZONING COMMISSION
NOVEMBER 7, 2019 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Sarah Hektoen, Jesi Lile, Anne Russett
OTHERS PRESENT: John Yapp, Nicole Neal West, Siobhan Harman, Paul Esker,
Steve Gordon, Mike Pugh, Cordell Braverman, Ousainou Keita,
Gina Landau, Adam Jablaski
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0, the Commission recommends approval of ANN19-01 and REZ19-09, a
voluntary annexation of approximately 35.29 acres and a rezoning from County Residential (R)
to Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City at the time of final platting.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NOS. ANN19-01 AND REZ19-09:
Applicant: Allen Homes, Inc.
Location: North of American Legion Road and east of Eastbrook Street
An application submitted by Allen Homes, Inc. for an annexation and rezoning from County
Residential (R) to Interim Development — Single -Family Residential (ID -RS) for approximately
35.29 acres of land currently in unincorporated Johnson County and located north of American
Legion Road and east of Eastbrook Street.
Russett began the staff report showing a location map of the property, the property is currently
in the County zoned residential, it is surrounded by the City. To the north it is zoned P (where
there is a City park), to the east there is single family, to the west is multifamily and to the south
Planning and Zoning Commission
November 7, 2019
Page 2 of 5
is more single family. The property is located in the Fringe Area B, which is inside the City's
growth boundary, and the proposed rezoning is to Interim Development Single -Family
Residential. That zone allows very low density single-family, it also allows plant related
agricultural uses such as row crops and some other non-residential uses (allowed provisionally
or through special exception). Russett noted an additional rezoning will be required before any
platting or development of this site takes place.
The applicant did not hold a good neighbor meeting, but staff will recommend a good neighbor
meeting be held upon the next rezoning. Staff has forwarded this application to the Johnson
County Board of Supervisors and the Scott Township Trustees and neither have expressed
concerns regarding the annexation or the rezoning.
The project site is located in the Southeast District Plan area, which again is within the City's
growth boundary. In terms of intended future land use Russett noted the majority of this site is
intended for low to medium single family residential and duplex housing at a density of 2-8
dwelling units per acre. A small western portion of the site allows for medium to high density
single-family residential and townhouse housing at a density of 8-13 dwelling units per acre.
Staff uses three criteria to review annexation requests. The area under consideration falls
within the adopted long-range planning boundary. (1) A general growth area limit is illustrated in
the Comprehensive Plan and on the City's Zoning Map; (2) Development in the area proposed
for annexation will fulfill an identified need without imposing an undue burden on the City and;
(3) Control of the development is in the City's best interest. Regarding the first criteria, the
subject property is located within the City's long-range growth boundary and surrounded by City
property. In terms of the second criteria, the Comprehensive Plan encourages growth that is
contiguous and connected to existing neighborhoods. The subject property is bordered by the
city limits on the west, north, and east sides. The property is specifically highlighted in the
Southeast District Plan as an example of leapfrog development to the north and east. The
proposed annexation will allow for implementation of the City's affordable housing policy upon
development of the site. Therefore, staff is recommending the satisfaction of this requirement
as a condition of the rezoning. For the third criteria, that control of the development is in the
City's best interest, this annexation will allow for contiguous provision of City services such as
Fire, Police, water, and sanitary sewer service. The City has an interest in administrating zoning
in this area to make sure that the objectives of the Comprehensive Plan are met.
Russett reiterated the requested rezoning is to ID -RS, Interim Development Single -Family.
Agricultural and nonurban uses can be continued within this zoning until the property is
developed. Because the applicant is still exploring options on how to develop and subdivide the
property this interim zoning designation is appropriate. In terms of sanitary sewer and water, the
developer will be required to pay a water main extension fee of $456.75 per acre before
development. The subject property is located outside of the sewer tap -on fee district, and will
not be required to pay sanitary sewer tap -on fees. The subject property is located within 100
and 500 -year flood plains. In terms of access and street design, to match existing right-of-way
located to the west and east of the subject property, staff is recommending that as a condition of
the rezoning, the developer dedicate 17 feet of additional right-of-way to the City when the
property is platted for future development. As the City performs road improvements to American
Legion Road over the next several years, staff is recommending the developer pay 12.5%
improvement costs to the American Legion Road frontage. Staff is also recommending another
Planning and Zoning Commission
November 7, 2019
Page 3 of 5
condition to allow for the conveyance of a temporary construction easement to the City along
the north side of American Legion Road for the reconstruction of American Legion Road. The
improvements will extend from Scott Boulevard on the west side all the way to Taft Avenue on
the east side. The City is looking at installing a roundabout at the intersection of Scott
Boulevard and American Legion Road, the improvements will also include buffered bike lanes, a
10 -foot sidewalk along the north side of American Legion Road and a 5 -foot sidewalk along the
south side as well as a grade -separated crossing at Hoover Elementary School. In terms of the
City's timeline, the City is currently trying to acquire property in this area and may bid this
project in spring 2020 but it may be pushed to fall 2020 or winter 2021.
The role of the Commission in this rezoning and annexation is to determine if it satisfies the
conditions as stated in the Comprehensive Plan, whether the proposed annexation and
rezoning falls within the growth boundary, whether if development in the area proposed will fill
an identified need, and whether control of development in the City's best interest.
In terms of next steps, after the Planning and Zoning Commission makes a recommendation,
the City Council will hold a public hearing. Before the public hearing, utility companies and non -
consenting parties will be sent the application via certified mail. Pending approval of the
annexation by the City Council, the application for annexation will be sent to the Secretary of
State's Office for final approval and acknowledgement.
Staff recommends approval of ANN 19-01 and REZ19-09, a voluntary annexation of
approximately 35.29 acres and a rezoning from County Residential (R) to Interim Development
— Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion Road to be
dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north side of
American Legion Road.
Hensch sought confirmation that, since this was an ID rezoning, this property would definitely
come back before the Commission prior to development. Russett confirmed the Commission
would see it again when it is rezoned for development.
With regard to the improvements to American Legion Road, Hensch noted it is in the five-year
road plan. Russett confirmed that is correct and the latest the project would be bid is winter
2021.
Hensch noted to the west is a water detention area to combat flooding and asked if this property
was outside of that flooding area. Russett said a portion of that water retention area is in the
project site so that area will have to remain an outlot and not be developed.
Baker asked when this application comes back before the Commission on the next rezoning it is
possible the entire project could be developed at the higher density that is allowable in the
western portion. Russett stated that is not possible. When the applicant requests the rezoning,
they may just request one zone district but it is possible to request two zone districts, having the
Planning and Zoning Commission
November 7, 2019
Page 4 of 5
western portion at a higher density
Hensch opened the public hearing.
John Yapp (930 4th Avenue) is representing Allen Homes, the applicant, he wanted to speak
about the temporary construction easement that staff has recommended. Yapp said he talked
with staff about (and it's not reflected in the report) if his project moves faster than the American
Legion Road project they would grade that area where the temporary construction easement is
to meet both their purposes and the City's purposes. This would potentially reduce, or
eliminate, the size of that temporary construction easement and this was something staff was
agreeable to and would put in the conditional zoning agreement.
Hensch asked if the area was currently being row cropped. Yapp confirmed it was. Hensch
asked it was being farmed by the owner or leased. Yapp replied it was leased. Hensch asked
what the CSR was for the property. Yapp is unsure of the CSR.
Hensch asked about the flooding area. Yapp said there was a floodway easement
approximately where the 100 -year flood plain is. Hench noted that in the 1993 flood that whole
area was under water.
Hensch closed the public hearing.
Parsons moved to recommend approval of ANN19-01 and REZ19-09, a voluntary
annexation of approximately 35.29 acres and a rezoning from County Residential (R) to
Interim Development — Single -Family Residential (ID -RS) with the following conditions:
1. The developer satisfies the Comprehensive Plan's Annexation Policy, as stated in
Resolution 18-211.
2. The dedication of 17 feet of additional public right-of-way along American Legion
Road to be dedicated to the City.
3. Conveyance of a temporary construction easement to the City along the north
side of American Legion Road.
Townsend seconded the motion.
Baker asked about the next steps and what was meant by "non -consenting parties" to the
annexation. Russett noted that is not applicable in this case, it is only required if there are any
non -consenting landowners that don't want to be annexed. In this case all of the parties are
consenting.
Parsons feels this application makes sense for the overall development along American Legion
road. Signs agreed.
Baker went on record to say he feels it will end up being higher density than what is discussed
here, but that can be reviewed at the next stage of rezoning.
A vote was taken and the motion passed 7-0
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356.5240 (REZ19-
09)
Ordinance No.
Ordinance conditionally rezoning approximately 35.29 acres of land
located north of American Legion Road and east of Eastbrook Street
from County Residential (R) zone to Interim Development - Single -
Family Residential (ID -RS) zone. (REZ19-09)
Whereas, the applicant, Allen Homes, Inc., has requested a rezoning of property located at
Eastbrook Street and American Legion Road from County Residential (R) to Interim Development
Single -Family Residential (ID -RM); and
Whereas, the Comprehensive Plan, specifically the Southeast District Plan, indicates that the
subject area is appropriate for residential development; and
Whereas, the applicant is still investigating options for property development; and
Whereas, interim zoning allows for managed growth until utilities are identified and the land is
platted; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, the dedication of 17 -feet of right-of-way and a temporary construction easement along
the American Legion Road frontage, the requested zoning is consistent with the
Comprehensive Plan; and
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that:
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 County Residential (R) zone to Interim Development Single -Family Residential (ID -
RS) zone:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH,
RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Comer of Section 18, Township 79 North, Range 5 West, of
the Fifth Principal Meridian, Johnson County, Iowa; Thence S89"26'40"E, along the South Line
of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to the Southeast Comer
of Eastbrook Flats Addition, in accordance with the Plat thereof Recorded in Plat Book 58 at
Page 20 of the Records of the Johnson County Recorder's Office; Thence N00°33'49"E, along
the East Line of said Eastbrook Flats Addition, 509.80 feet, to the Northeast Corner thereof,
and a Point on the South Line of Parcel 1 of "Ralston Creek South Property Acquisition", in
accordance with the Plat thereof Recorded in Plat Book 19, at Page 84 of the Records of the
Johnson County Recorder's Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to
the Southeast Corner thereof; Thence N01°31'04"W, along the East Line of said Parcel 1, a
distance of 756.10 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence
N50029'32"E, along said East Line, 690.91 feet, to the Northeast Comer thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
Ordinance No.
Page 2
accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records of the
Johnson County Recorder's Office; Thence S00050'20"E, along said West Line, and the West
Line of Windsor West - Part One, in accordance with the Plat thereof Recorded in Plat Book 50
at Page 266 of the Records of the Johnson County Recorder's Office, 1910.78 feet, to the
Southwest Corner of said Windsor West - Part One, and a Point on the South Line of the
Northwest Quarter of said Section 18; Thence N89026'40"W, along said South Line, 1169.60
feet, to the Point of Beginning. Said Annexation Parcel contains 35.29 Acres, and is subject to
easements and restrictions of record.
Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change
the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final
passage, approval and publication of this ordinance by law.
Section III. Conditional Zoning Aareement. 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 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 V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 120.
Mayor
Approvy: �\
Attest: TL . /-R — / a -11
City Clerk City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 12/17/2019
Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas,
Throgmorton, Cole. NAYS: None. ABSENT: None
Second Consideration 01/07/2020
Voteforpassage: AYES: Bergus, Mims, Salih, Taylor, Teague
Thomas, Weiner. NAYS: None. ABSENT: None.
Date published
that the
Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ19-09)
Conditional'Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), Summit Ridge, LLC and Hieronymus Family Partnership, LLP (hereinafter
collectively referred to as "Owners"), and Allen Homes, Inc. (hereinafter "Applicant").
Whereas, Owners are the collective legal title holders of approximately 35.29 acres of
property located at the northeast corner of Eastbrook Street and American Legion Road; and
Whereas, Owners and Applicant have requested the rezoning of said property from
County Residential (R) zone to Interim Development Single -Family Residential (ID -RS) zone;
and
Whereas, this rezoning creates public needs for affordable housing and the
enhancement of American Legion Road; and
Whereas, the Planning and Zoning Commission has determined that, with reasonable
conditions regarding satisfaction of these public needs through the provision of affordable
housing, the dedication of 17 -feet of right-of-way and a temporary construction easement along
the American Legion Road frontage, the requested zoning is consistent with the Comprehensive
Plan; and
Whereas, Iowa Code §414.5 (2019) 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, upon annexation of this land into the City of Iowa City, Owners agreed to
support the City's goal of creating and maintaining the supply of affordable housing by providing
affordable units equal to 10% of the total units in the annexed area with an assurance of long-
term affordability for a term of 20 years
Whereas, the Owners and Applicant agree 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. Summit Ridge, LLC and Hieronymus Family Partnership, LLP are the collective legal title
holders of the property legally described as:
A PORTION OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79
NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
COUNTY, IOWA, DESCRIBED AS FOLLOWS:
Commencing at the West Quarter Corner of Section 18, Township 79 North, Range 5
West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°26'40"E, along
the South Line of the Northwest Quarter of said Section 18, a distance of 461.91 feet, to
the Southeast Corner of Eastbrook Flats Addition, in accordance with the Plat thereof
Recorded in Plat Book 58 at Page 20 of the Records of the Johnson County Recorder's
Office; Thence N00°33149"E, along the East Line of said Eastbrook Flats Addition,
509.80 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 1
of "Ralston Creek South Property Acquisition", in accordance with the Plat thereof
Recorded in Plat Book 19, at Page 84 of the Records of the Johnson County Recorder's
Office; Thence S89°26'59"E, along said South Line, 373.32 feet, to the Southeast
Corner thereof; Thence N01031'04"W, along the East Line of said Parcel 1, a distance of
756.10 feet; Thence N20010'51"E, along said East Line, 209.78 feet; Thence
N50029'32"E, along said East Line, 690.91 feet, to the Northeast Corner thereof; Thence
N89°45'05"E, 177.85 feet, to a Point on the West Line of Windsor West - Part Three, in
accordance with the Plat thereof Recorded in Plat Book 58, at Page 235 of the Records
of the Johnson County Recorder's Office; Thence S00°50'20"E, along said West Line,
and the West Line of Windsor West - Part One, in accordance with the Plat thereof
Recorded in Plat Book 50 at Page 266 of the Records of the Johnson County Recorder's
Office, 1910.78 feet, to the Southwest Corner of said Windsor West - Part One, and a
Point on the South Line of the Northwest Quarter of said Section 18; Thence
N89026'40"W, along said South Line, 1169.60 feet, to the Point of Beginning. Said
Annexation Parcel contains 35.29 Acres, and is subject to easements and restrictions of
record.
2. Owners and Applicant acknowledge that the City wishes to ensure conformance to the
principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code
§414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on
granting a rezoning request, over and above the existing regulations, in order to satisfy
public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owners and Applicant agree
that development of the subject property will conform to all other requirements of the
Zoning Code, as well as the following conditions:
a. Within seven days of execution of this agreement, Owners shall dedicate to the City,
with no compensation to the Owners:
i. that certain real estate described as "proposed right-of-way acquisition" and
"existing roadway easement to be acquired as right-of-way" on Exhibits 3-F and
4-F, attached hereto and incorporated herein by this reference, for right-of-way
along American Legion Road. Such dedication shall be in the form of a
warranty deed;
ii. a temporary construction easement for the area as shown on Exhibits 3-T
and 4-T, attached hereto and incorporated herein by this reference, in a form of
agreement approved by the City Attorney, to accommodate the American
Legion Road public improvement project; and
b Prior to issuance of a building permit, Owners shall execute an affordable housing
agreement committing to one or more of the following methods to satisfy the
Annexation Policy:
i. rent or sell 10% of the total units constructed on the above-described real
estate to income -eligible families for a period of 20 years from the date
certificates of occupancy are issued for each such affordable unit, to be
administered in accordance with Iowa City Code of Ordinance 14-2G-8, or a
similar state or federal affordable housing program; or
ii. convey 10% of the total units to the City or an affordable housing provider for
such affordable housing purposes; or
iii. the payment of a fee -in -lieu thereof to the City's affordable housing fund, in an
amount established by Resolution 18-213, approved on July 17, 2018, or, if said
resolution has been rescinded at the time Owners apply for a building permit, as
otherwise established by Council resolution.
4. The conditions contained herein are reasonable conditions to impose on the land under
Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused
by the requested zoning change.
5. 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. In the event the subject property
is transferred, sold, redeveloped, or subdivided, all development will conform with the
terms of this Conditional Zoning Agreement.
6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners
or Applicant from complying with all other applicable local, state, and federal regulations.
7. 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 20_.
City of Iowa City Summit Ridge LLC
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:12A A
jc�vrr'
ty Attorney's Office i2�112 l�
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
By J c55c q1(G.,, ivt�,.,b.+/iiT.H�
Hieronymus Farm y Partnership LLP
Y fan WCfc+rr+�v w- b yva�ivy
Allen Homes, Inc.
By: ,1, All ivt� �y
Johnson County
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)
4
Summit Ridge LLC Acknowledgement:
State of 14/r
County of Jb NFPj 5"✓1
This record was acknowledged before me on /V"/ 6. - 2.9 , 2019 by
Tc_S5c Allo -f (Name(s) of individuals) as M�n,b✓ M.K�.r
(type of authority, such as officer or trustee) of Summit Ridge LLC.
L� e�X
Notary Public in and for the State of Iowa
EREK P SITTIG
(Stamp Or Seal) o CwmissionNurter738974
My comfNsabn Expires
L.
Title (and Rank) Q
My commission expires: Ips I65-11- 7-0
Hieronymus Family Partnership LLP Acknowledgement:
State of
County of �04a1a�3 N
This record was acknowledged before me on QAz.2019 by
SJVJ. kkKero6.!3%Mu3 (Name(s) of individual(s) as
(type of authority, such as officer or trustee) of Hieronymus Fa PartHdrst
Notary Public in and for the State of Iowa v
44 MIRANDA HOLLOWAY
(Stamp or Seal) J1 PCam"m NunberS19335
M== fpira
Title (and Rank)
My commission expires: O%jW122
Allen Homes, Inc. Acknowledgement:
State of L�yM
County of 7',4Af-ti
This record was acknowledged before me on o'j&W6w 2.0 2019 by
(Name(s) of individual(s) as o
(type of authority, such as officer or trustee) of Allen HomInc
,.�j /
Notary Pubic in and for the State of Iowa
(Stamp or Seal)
o� EREK P SITTIG
Commission Number 736974
My Commission Expires
ow ro 05- ea Lo
5
Title (and Rank)
My commission expires: ����5�Z,-
WIA CORNER
SEC. 18,79-5
S 89° 26'30" E 461.99'
POB
\tiV`�Q�C��f`t WNCAP 07036 a `WIOC PM75749
SAcCi LOT 1 LOT 2
S\�VCON�Jl�� Q
N 89° 25 30" W 392.05
LEGEND
A FOUND SECTION CORNER MONUMENT
SETSECTIONCORNERMONUMENT
FOUND 96° REROD WNELLOW UP118165 (UNLESS NOTED)
O SET VY PERIOD WIGRANGE CAP124243(UNLESS NOTE[
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRONROO
I.P. IRON PIPE
— - — - SECTIONLINE
R.v — RIGHLOF-WAY LINE
"ISINGLOTLINE
Rn — PROPERTY LINE
PROPOSED RIGHT-OF-WAY ACQUISITION
EMISTING ROADWAY EASEMENT TO
BE ACQUIRED AS RIGHT -0E -WAY
'
33 . AMERICAN LEGION
ROAD
1��N89°26'30'W1897.77
,,
er• FND '518" IR
WIYCAP 98165
FND 518" IR CENTER
WIOCAP415749SEC. 18-79-5
LOT 1
SURVEY NOTE ROAD CENTERLINE ESTABLISHED
USING 19271DOT ROAD PIANS 1F-289-11)
AND I860IOOT ROAD PIAN (DID CBI
FIELD SURVEY COMPLETED: NOVEMBER
Index .Legend
SIONq[ �N
SW of NW, Section 18, Township79 N, Range 5 W
Foth
AMERICAN LEGION ROAD
:
Ci of Iowa Cit
PROPERTY OWNER:
Summit Ridge, LLC
r
Wesle ShimFoth
C/O TOM KAUT
Infrastructure & Environment, LLC
250 HOLIDAY ROAD
3950 River Ridge Drive NE, Suite A
Cedar Ra ids, IA 52402 1 IMN365-9565
WIA CORNER
SEC. 18,79-5
S 89° 26'30" E 461.99'
POB
\tiV`�Q�C��f`t WNCAP 07036 a `WIOC PM75749
SAcCi LOT 1 LOT 2
S\�VCON�Jl�� Q
N 89° 25 30" W 392.05
LEGEND
A FOUND SECTION CORNER MONUMENT
SETSECTIONCORNERMONUMENT
FOUND 96° REROD WNELLOW UP118165 (UNLESS NOTED)
O SET VY PERIOD WIGRANGE CAP124243(UNLESS NOTE[
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRONROO
I.P. IRON PIPE
— - — - SECTIONLINE
R.v — RIGHLOF-WAY LINE
"ISINGLOTLINE
Rn — PROPERTY LINE
PROPOSED RIGHT-OF-WAY ACQUISITION
EMISTING ROADWAY EASEMENT TO
BE ACQUIRED AS RIGHT -0E -WAY
'
33 . AMERICAN LEGION
ROAD
1��N89°26'30'W1897.77
,,
er• FND '518" IR
WIYCAP 98165
FND 518" IR CENTER
WIOCAP415749SEC. 18-79-5
LOT 1
SURVEY NOTE ROAD CENTERLINE ESTABLISHED
USING 19271DOT ROAD PIANS 1F-289-11)
AND I860IOOT ROAD PIAN (DID CBI
FIELD SURVEY COMPLETED: NOVEMBER
ACQUISITION PLAT EXHIBIT 3-F
SIONq[ �N
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY
Foth
AMERICAN LEGION ROAD
0 WESLEY F. Np
PARCEL3
PROPERTY OWNER:
UacenNumber 24243
SUMMIT RIDGE, LLC
MyDwnaeran.14.tela DECEMBER 31,2020.
C/O TOM KAUT
LEGAL DESCRIPTION:
250 HOLIDAY ROAD
�ef
CORALVILLE. IA 52241
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
BOOK 5795, PAGE 448
OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
N
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18. THENCE SOUTH 89° 26'
FOTH PROJECT NO. 181003-00 DATE: 9123/2019
30' EAST, 461.99 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
__
SECTION 18 TO THE POINT OF BEGINNING; THENCE NORTH 00° 32'41* EAST, 60.22 FEET ALONG
THE EAST LINE OF AUDITOR'S PARCEL 2013043; THENCE NORTH 89° 30'27' EAST, 389,65 FEET:
THENCE SOUTH 01 ° 32'47- EAST. 67.41 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER; THENCE NORTH 89° 26' 30' WEST, 392.05 FEET ALONG SAID SOUTH LINE TO THE
o be loo
POINT OF BEGINNING.
SAID TRACT CONTAINS 24.935 SQUARE FEET OR 0.57 ACRES MORE OR LESS, INCLUDING 18,306
FEET
SQUARE FEET OR 0.42 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT. SUBJECT TO
NOTE: MONUMENTS SHOWNTO BE
EASEMENTS AND RESTRICTIONS OF RECORD,
CONSTRULTIONISCOMMETEDER
1 FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED
TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
e
FND SIB' IR
F W/YCAP #9175
Lu $ g
F
V1�1
J9
OO``O�
W SCC\
E7'S�O
O 3 a LINE TABLE
M `m R LINE LENGTH BEARING
LOT 1L
^ n LI 43.22' N00°32'al"E
¢�
Q L2 0.00' NOO°32'41-
c L3 7.00' S01°32'47'E
I
Z L9 50.41' 501°32'47'4
WIA CORNER
SEC. 18,79-5
S 89° 26'30" E 461.99'
POB
\tiV`�Q�C��f`t WNCAP 07036 a `WIOC PM75749
SAcCi LOT 1 LOT 2
S\�VCON�Jl�� Q
N 89° 25 30" W 392.05
LEGEND
A FOUND SECTION CORNER MONUMENT
SETSECTIONCORNERMONUMENT
FOUND 96° REROD WNELLOW UP118165 (UNLESS NOTED)
O SET VY PERIOD WIGRANGE CAP124243(UNLESS NOTE[
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRONROO
I.P. IRON PIPE
— - — - SECTIONLINE
R.v — RIGHLOF-WAY LINE
"ISINGLOTLINE
Rn — PROPERTY LINE
PROPOSED RIGHT-OF-WAY ACQUISITION
EMISTING ROADWAY EASEMENT TO
BE ACQUIRED AS RIGHT -0E -WAY
'
33 . AMERICAN LEGION
ROAD
1��N89°26'30'W1897.77
,,
er• FND '518" IR
WIYCAP 98165
FND 518" IR CENTER
WIOCAP415749SEC. 18-79-5
LOT 1
SURVEY NOTE ROAD CENTERLINE ESTABLISHED
USING 19271DOT ROAD PIANS 1F-289-11)
AND I860IOOT ROAD PIAN (DID CBI
FIELD SURVEY COMPLETED: NOVEMBER
SURVEY FOR:
aupeMsIon bot that I am a duly licensed Pm(easia.1 Land Surveyar
SIONq[ �N
tooter theaoA�s of the Slate of lana.
Foth
:� f -a5 -dolt
0 WESLEY F. Np
WESLEY F.SHI E. DATE
i SHIMP
UacenNumber 24243
he
W 24243 -t
MyDwnaeran.14.tela DECEMBER 31,2020.
JA �O
Pages or shoe% oevered by lhh seal:
u / WA b
�ef
Fees 1nfreafaecfern 6 EnvtTnnmenl, LLC
SURVEY FOR:
CITY OF IOWA CITY
Foth
410E WASHINGTON STREET
SHEET
IOWA CIN, IOWA 52240
PHONE: (319) 3565000
1 OF 1
Fees 1nfreafaecfern 6 EnvtTnnmenl, LLC
Soso..RN9e Dow NE, s ..
Cedar RaW, IA 52402-2515
FOTH PROJECT NO. 181003-00 DATE: 9123/2019
vn°e.:MSSasnas Foe 3+sSes9em
-
Index Le end
Location:
NW Section 18, Township 79 N, Ran2e 5 W
LENGTH I BEARING
AMERICAN LEGION ROAD
Re uestor.
City of Iowa City
Proprietor:
Hieronymus Family Partnership, LLP
Surveyor:
Wesle Shim
Surveyor
Company;
Foth Infrastructure & Environment, LLC
Return To:
3950 River Ridge Drive NE, Suite A
Cedar Rapids, IA 52402 319 365-9565
SURVEY NOTE: ROAD CENTERLINE
ESTABLISHED USING 19271DOT ROAD PLAN$
(F-28")AND 1960100T ROAD PLAN (OLD L6)
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
END 5/8" IR
AVI S WNCAPN9715
79
s
T �-
mm.
i&I
FND CUT X
W7/4 CORNER L2
SEC. 18.79-5
ACQUISITION PLAT EXHIBIT4-F
RIGHT-OF-WAY BEING CONVEYED TO THE CITY OF IOWA CITY
LENGTH I BEARING
AMERICAN LEGION ROAD
LI
PARCEL4
PROPERTY OWNER:
L2 1
HIERONYMUS FAMILY
LEGAL DESCRIPTION:
PARTNERSHIP, LLP
17.00' SOD°50'06"E
3322 MUSCATINE AVENUE
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18. TOWNSHIP
IOWA CITY, IA 52240
79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA,
BOOK 4690, PAGE 537-540
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
NSI X0.1 ¢
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89'
N
26' 30' EAST 854.04 FEET ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 18 TO THE POINT OF BEGINNING: THENCE NORTH 01' 32' 47' WEST, 67.41 FEET;
- -
THENCE NORTH 69'3V 27" EAST, 778.00 FEET TO THE WEST LINE OF WINDSOR WEST PART
ONE SUBDIVISION; THENCE SOUTH 00' 50'06" EAST, 81.65 FEET TO THE SOUTH LINE OF
SAID NORTHWEST QUARTER; THENCE NORTH 89' 26' 30' WEST, 777.38 FEET ALONG SAID
SOUTH LINE TO THE POINT OF BEGINNING,
Du Ire are
SAID TRACT CONTAINS 57,946 SQUARE FEET OR 1.33 ACRES MORE OR LESS, INCLUDING
Imzw�
FEET
44,722 SQUARE FEET OR 1.03 ACRES MORE OR LESS OF EXISTING ROAD EASEMENT,
..--..-......-_---..-..-.----
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
SURVEY NOTE: ROAD CENTERLINE
ESTABLISHED USING 19271DOT ROAD PLAN$
(F-28")AND 1960100T ROAD PLAN (OLD L6)
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE
REFERENCED TO NAD83(2011) IA SPCS SOUTH ZONE, US SURVEY FOOT.
END 5/8" IR
AVI S WNCAPN9715
79
s
T �-
mm.
i&I
FND CUT X
W7/4 CORNER L2
SEC. 18.79-5
o� wQp4
10-
Zas
FND518"IRWNCAPM8165 n LOT6
0.64 NORTH OF ROW LINE
(SURVEY NOTE)
N B9° 30127' E 778.00' L3
- �S 89° 26'3(r E 854.04'W - N B9e 2
FND5l8"IR END S/B'IR
/OCAS 15749` W/OCPPA15749 ��5(
LOT 2Is� fflCC�Q LOT I TNN OIL
ip
LEG EI D l 0'* LOT 1
A FOUND SECTION CORNER MONUMENT
SETSECTIONCORNERMONUMENT
FOUND S9' REROD WNELLOW CAPII0165 (UNLESS NOTED)
0 SET IIT REROD WIORANGE CAPe24243(UNLESS NOTED)
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRON ROD-g510NA(
I.P. IRON PIPEOQ �ry0
— - — - SECTION LINE U'
— Pry — RIGHT -0F WAY UNE
EXISTING LOTLINE
— Pn — PROPERTYUNE
PROPOSED RIGHT -0F -WAY ACQUISITION
EXISTING ROADWAY EASEMENT TO
BE ACQUIRED AS RIGHT -0F -WAY
CITY OF IOWA CITY
410 E WASHINGTON STREET
IOWA CITY, IOWA 52240
PHONE: (319) 356-5000
FOTH PROJECT NO. 181003-00 DATE: 9/23/2019
se WESLEY Is p
SHIMP <
0 24243 Oc
a
a fO WA a
' 30' W' W 777 1119.79' - —
END SIB'IR N V FND 5/8'IR
WNCAPN8165
CENTER
SEC. 1&79-5
I OUTLOTA ES
IrvS�p� LOT 1
I `�E
VIN
FIELD SURVEY COMPLETED NOVEMBER
under, the laws of the Slaw of Iav2.
WESLEY F. SHIMP, P.L & DATE
UPsrAa NumOor 24243
My fiaense renewal dale if DECEMBER 31,2020.
Papas or shoals covered Ey this seal:
/ of /
*Foth
Earth Infrastructure & Environment, LLC
Me RNV Re"' DM NE, tel. A
CWU.,lsh..aS.w3515
Plwn°: 319i 9565 To. MRa6S96]1
SHEET
1 OF 1
LINE TABLE
LINE
LENGTH I BEARING
LI
50.41' 1 N01 -32'47"N
L2 1
17.00 1 NG1°32'47-N
L3
17.00' SOD°50'06"E
L4
64.65' SOO°50'06"E
N
NSI X0.1 ¢
i
o� wQp4
10-
Zas
FND518"IRWNCAPM8165 n LOT6
0.64 NORTH OF ROW LINE
(SURVEY NOTE)
N B9° 30127' E 778.00' L3
- �S 89° 26'3(r E 854.04'W - N B9e 2
FND5l8"IR END S/B'IR
/OCAS 15749` W/OCPPA15749 ��5(
LOT 2Is� fflCC�Q LOT I TNN OIL
ip
LEG EI D l 0'* LOT 1
A FOUND SECTION CORNER MONUMENT
SETSECTIONCORNERMONUMENT
FOUND S9' REROD WNELLOW CAPII0165 (UNLESS NOTED)
0 SET IIT REROD WIORANGE CAPe24243(UNLESS NOTED)
(M) MEASURED DIMENSION
(R) RECORDED DIMENSION
I.R. IRON ROD-g510NA(
I.P. IRON PIPEOQ �ry0
— - — - SECTION LINE U'
— Pry — RIGHT -0F WAY UNE
EXISTING LOTLINE
— Pn — PROPERTYUNE
PROPOSED RIGHT -0F -WAY ACQUISITION
EXISTING ROADWAY EASEMENT TO
BE ACQUIRED AS RIGHT -0F -WAY
CITY OF IOWA CITY
410 E WASHINGTON STREET
IOWA CITY, IOWA 52240
PHONE: (319) 356-5000
FOTH PROJECT NO. 181003-00 DATE: 9/23/2019
se WESLEY Is p
SHIMP <
0 24243 Oc
a
a fO WA a
' 30' W' W 777 1119.79' - —
END SIB'IR N V FND 5/8'IR
WNCAPN8165
CENTER
SEC. 1&79-5
I OUTLOTA ES
IrvS�p� LOT 1
I `�E
VIN
FIELD SURVEY COMPLETED NOVEMBER
under, the laws of the Slaw of Iav2.
WESLEY F. SHIMP, P.L & DATE
UPsrAa NumOor 24243
My fiaense renewal dale if DECEMBER 31,2020.
Papas or shoals covered Ey this seal:
/ of /
*Foth
Earth Infrastructure & Environment, LLC
Me RNV Re"' DM NE, tel. A
CWU.,lsh..aS.w3515
Plwn°: 319i 9565 To. MRa6S96]1
SHEET
1 OF 1
Prepared by Wesley Shimp, 3950 River Ridge Drive NE, Suite A, Cedar Rapids, IA 52402 Phone: 319-365-9565
TEMPORARY EASEMENT EXHIBIT 3-T
TEMPORARY CONSTRUCTION EASEMENT BEING CONVEYED TO THE CITY OF IOWA CITY
AMERICAN LEGION ROAD
PARCEL3
PROPERTY OWNER:
SUMMIT RIDGE, LLC LEGAL DESCRIPTION:
CIO TOM KAUT
250 HOLIDAY ROAD A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
CORALVILLE, IA 52241 SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON
BOOK 5795, PAGE 448 COUNTY,IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
nnVIJFMCINa AT THE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89° 26'30'
N
EAST,461.99 FEET ALONG I Ht JUU IN LINE Ur I nc NUM I nvvC0 i wnn i em OF
THE EAST LINE OF LOT 1 OF EASTBROOK FLATS ADDITION, AS RECORDED IN BOOK 58, PAGE 20 OF
THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTH 00° 32'41- EAST, 43.22 FEET ALONG
ROAD SE
SAID EAST LINE TO THE NORTH RIGHT -OF -WAV LINE OF AMERICAN LEGION ROAD SE; THENCE
._,� - --
CONTINUING NORTH DO- 32' 41° EAST, 17.00 FEET ALONG SAID EAST LINE TO THE POINT OF
— J,
rT--
BEGINNING; THENCE CONTINUING NORTH OD° 32'41' EAST, 35.01 FEET ALONG SAID EAST LINE;
0 5a lea
THENCE NORTH 89° 30'27- EAST, 388.37 FEET; THENCE SOUTH 01° 32'47" EAST, 35.01 FEET; THENCE
ly
POC
SOUTH 89° 3D'27" WEST, 389.65 FEET TO THE POINT OF BEGINNING.
FEET
FND 5M'IR4
SAID TRACT CONTAINS 13.615 SQUARE FEET OR 0.31 ACRES MORE OR LESS, SUBJECT TO
I.P. IRON PIPE
EASEMENTS AND RESTRICTIONS OF RECORD.
- — - SECTION LINE
I
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PROPERTY OWNER:
HIERONYMUS FAMILY
PARTNERSHIP, LLP
3322 MUSCATINE AVENUE
IOWA CITY, IA 52240
BOOK 4690, PAGES 537-540
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF
THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE WEST QUARTER CORNER OF SAID SECTION 18, THENCE SOUTH 89'2630- EAST 854.04 FEET
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RESTRICTIONS OF RECORD. - _
FOR THE PURPOSE OF THIS DESCRIPTION, ALL BEARING AND DISTANCES ARE REFERENCED TO NAD83(2011) IA
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FIELD SURVEY COMPLETED: NOVEMBER 2018
SURVEY FOR:
CITY OF IOWA CITY
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410E WASHINGTON STREET
SHEET
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PHONE: (319) 356-5000
Fath IMrastructure & Environment, LLC
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FOTH PROJECT NO. 181003 -OD DATE: 411 712 01 9
Pn°or: 31x35s9565 F6.: llalVre Y1
Item Number: 9.b.
CITY OIF IOWA CITY
www.icgov.org
January 7, 2020
Ordinance amending Title 14, Zoning related to utility -scale, ground -
mounted solar energy systems. (ZCA19-05) (Pass & Adopt)
Iji ETa:I M I MUTI&V
Description
PZ Staff Report
P&Z minutes
Ordinance
dj
ANA=
CITY OF IOWA CITY
UNESCO CITY OF LITERATURE
CITY OF IOWA CITY
MEMORANDUM
Date: November 7, 2019
To: Planning and Zoning Commission
From: Ray Heitner, Associate Planner
Re: Amendment to Title 14, Zoning of the Iowa City Code Related to Utility -Scale Ground -
Mounted Solar Energy Systems in Public Zones (ZCA19-05)
Background on Proposed Amendments
The City and MidAmerican Energy are exploring options for locating ground -mounted photovoltaic solar
energy panels on City property located near the City Water Treatment Plant. The City Zoning
Ordinance does not currently contain any regulatory information regarding larger -scale solar energy
systems. Absent of a comprehensive solar ordinance, these uses are currently considered basic
utilities, and are permitted as a provisional use or special exception in industrial and commercial zones.
As the water treatment plant property is located in a Neighborhood Public (P-1) zone, a modification to
the zoning code is necessary to permit this use. To avoid negative impacts that might arise with
allowing all basic utilities to locate in Public zones, staff is proposing an amendment to the current
zoning ordinance that would create a new use for utility -scale ground -mounted solar energy systems.
This new use would be allowed in the zones that are shown in Table 1.0.
Table 1.0 — Utility -Scale Ground -Mounted Solar Use Mechanism by Zone
Background on Utility -Scale Solar Energy Systems
Utility -scale ground -mounted solar energy systems are comprised of photovoltaic solar panels that
convert solar energy into electricity. This electricity is typically collected and distributed by a utility
company, which then uses the electricity to power a network of uses both on and off the solar energy
system site. The solar panels are usually mounted to the ground, and range in height between 10 and
15 feet.' Since utility -scale solar energy systems are used to power a larger, off-site, network of
properties, these systems can occupy vast tracts of land for one or more generations (typically between
1 American Planning Association. "Planning for Utility -Scale Solar Energy Facilities". September 2019.
Public
Industrial
Commercial
Research Park
Interim
Zones
Zones
Zones
Zones
Development
Zones
Provisional
P-1, P-2
ID -1, 1-1, 1-2
Use
Special
All Zones, ID -C
RDP, ORP,
ID -C, ID -RP
Exception
Background on Utility -Scale Solar Energy Systems
Utility -scale ground -mounted solar energy systems are comprised of photovoltaic solar panels that
convert solar energy into electricity. This electricity is typically collected and distributed by a utility
company, which then uses the electricity to power a network of uses both on and off the solar energy
system site. The solar panels are usually mounted to the ground, and range in height between 10 and
15 feet.' Since utility -scale solar energy systems are used to power a larger, off-site, network of
properties, these systems can occupy vast tracts of land for one or more generations (typically between
1 American Planning Association. "Planning for Utility -Scale Solar Energy Facilities". September 2019.
November 1, 2019
Page 2
30 and 40 years)2. Attachment #1 shows a few photo examples of typical utility -scale ground -mounted
solar energy systems.
Solar photovoltaics are the fastest-growing energy source in the world due to the decreasing cost per
kilowatt-hour (60% since 2010), according to the U.S. Department of Energy. Utility -scale solar
installations are the most cost-effective solar photovoltaic option 3. Transitioning from coal plants to
solar decreases carbon dioxide emissions and eliminates sulfur, nitrous oxides, and mercury
emissions. The resulting growing demand for solar energy from companies and governments alike
have accelerated the energy industry's efforts to bring facilities online as quickly as possible.4 By
collaborating with MidAmerica Energy, the City is looking to address high priority energy efficiency
actions from the 2018 Climate Action Plan.
Current Regulations
City Code currently views utility -scale ground -mounted solar energy systems as a basic utility use.
These systems are currently allowed as a provisional use in ID -1, 1-1, and 1-2 zones and via special
exception in commercial and research park zones. Table 2.0 shows the conditions under which utility -
scale ground -mounted solar are currently allowed.
Table 2.0 — Current Specific Approval Criteria for Basic Utilities Not Enclosed within a Building
Zones:
Use Mechanism
Specific Approval Criteria:
•
ID -1
• Provisional
•
Located 200' from residential
•
I-1
zones.
•
1-2
•
Screened from public ROW.
•
City may require the use be
enclosed by a fence.
•
All Commercial Zones
• Special
•
Screened from public view and
•
RDP
Exception
any adjacent residential.
•
ORP
•
Evidence of compatibility with
•
ID -C
surrounding uses and structures.
•
ID -RP
•
Additional design elements may
be required.
•
Plus, special exception approval
criteria for basic utility uses.
•
P-1
• Not allowed
•
N/A
•
P-2
2 httDs://www.urbanaridsolar.com/solar-enerav-faa-14-freauentiv-asked-auestions-about-utilitv-scale-
solar/
3 Hawken, Paul. 2017. "Drawdown: The Most Comprehensive Plan Ever Proposed to Reverse Global Warming."
New York: Penguin Books.
4 American Planning Association. "Planning for Utility -Scale Solar Energy Facilities". September 2019.
November 1, 2019
Page 3
Solar uses in residential zones of the city are currently regulated as an accessory use to principal
structures. The proposed text amendment would not change how roof -mounted or non -utility -scale
solar uses are regulated as an accessory structure.
Proposed Code Amendments
The proposed code amendments are threefold. They include, crafting a definition for utility -scale
ground -mounted solar energy systems (amending 14-9A-1), allowing utility -scale ground -mounted solar
energy systems as a provisional use in Public zones (amending 14 -2F -2C), and outlining additional
use -specific approval criteria (amending 14-413-41D). Furthermore, the proposed text amendments will
still allow utility -scale ground -mounted solar energy systems as a provisional use in Industrial zones,
and via special exception in Commercial and Research Park zones. However, with the proposed
amendments, utility -scale ground -mounted solar energy system uses in these zones will also be
subject to the additional approval criteria. Facilities that choose to locate in zones that require a special
exception will need to also adhere to the special exception approval criteria required of basic utilities. In
addition, facilities that locate in Public zones are subject to additional agreements with public land
owners and may have additional requirements. Table 3.0 summarizes staff's proposed changes.
Table 3.0 — Proposed Specific Approval Criteria for Utility -Scale Ground -Mounted Solar Energy
Systems
Zones:
Use Mechanism
Specific Approval Criteria:
•
ID -1
• Provisional
•
Located at least 200' from any
•
I-1
residential zone.
•
1-2
•
Screened from public view and
view of any residential zone.
Exemptions from the S3 screening
standard can be made for
systems located in Public zones
that are used in part for
educational purposes.
•
Setback at least 20' from all
property lines, or minimum
setback requirement for base
zone.
•
Enclosed by 6' — 8' fence..
Additional height for (3) horizontal
strands of barbed wire fencing
may be added.
•
15' max height.
•
Full cutoff compliant lighting.
•
Nonreflective surfaces required.
•
All Commercial Zones
Special
•
Located at least 200' from any
•
RDP
Exception
residential zone.
•
ORP
•
Screened from public view and
•
ID -RP
view of any residential zone.
November 1, 2019
Page 4
The specific approval criteria outlined in Table 3.0 and listed in the amendment to 14-413-41D in the
attached draft text amendment (See Attachment #2) are generally compiled from the American
Planning Association model ordinance and several municipal ordinances pertaining to utility -scale solar
regulation.
Exemptions from the S3 screening
standard can be made for
systems located in Public zones
that are used in part for
educational purposes.
• Setback at least 20' from all
property lines, or minimum
setback requirement for base
zone.
• Enclosed by 6' — 8' fence.
Additional height for (3) horizontal
strands of barbed wire fencing
may be added.
• 15' max height.
• Full cutoff compliant lighting.
• Nonreflective surfaces required.
• Plus, special exception approval
criteria for basic utility uses.
• P-1
Provisional
• Located at least 200' from any
• P-2
residential zone.
• Screened from public view and
view of any residential zone.
Exemptions from the S3 screening
standard can be made for
systems located in Public zones
that are used in part for
educational purposes.
• Setback at least 20' from all
property lines,or minimum setback
requirement for base zone.
• Enclosed by 6' — 8' fence.
Additional height for (3) horizontal
strands of barbed wire fencing
may be added.
• 15' max height.
• Full cutoff compliant lighting.
• Nonreflective surfaces required.
The specific approval criteria outlined in Table 3.0 and listed in the amendment to 14-413-41D in the
attached draft text amendment (See Attachment #2) are generally compiled from the American
Planning Association model ordinance and several municipal ordinances pertaining to utility -scale solar
regulation.
November 1, 2019
Page 5
Staff is recommending a 200' separation distance between any utility -scale ground -mounted solar
energy system facility and any residential zone. This recommendation is a carry-over provision from the
basic utilities section of the current city code. Without these proposed code amendments, any utility -
scale solar energy system would be required to abide by this 200' setback distance from residential
zones as a basic utility. Since the physical characteristics of a utility -scale solar facility resembles those
of a basic utility, staff feels that this separation requirement also makes sense as we attempt to create a
new land use for utility -scale ground -mounted solar energy systems.
In addition to the residential zone separation requirement, staff is recommending a minimum setback
distance of 20' from all property lines, or the setback distance that is normally applied in the underlying
base zone, whichever is greater. The proposed setback language is consistent with language staff
reviewed in model solar ordinances.
Each model solar ordinance staff reviewed contained criteria requiring some sort of security fencing
around the ground -mounted solar arrays that are used in utility -scale solar energy systems. An industry
standard for security fencing typically involves a 6'-8' high fence, topped with 2-3 strands of barbed
wire. Most solar companies are willing to provide these security measures to help protect their
equipment. At this time, staff is recommending that a 6'-8' high fence be provided for the safety of the
public, and to help protect the facility. Staff is looking to allow up to three strands of barbed wire on top
of security fencing. Barbed wire strands will not be counted toward fencing height requirements. Model
ordinances also gave a range in height of 10'-15' for utility -scale solar facilities5. Staff is choosing to
cap the maximum height for utility -scale solar energy systems facilities at 15'.
Additional approval criteria are proposed to limit any light pollution and glare that might be caused by a
solar array field. These criteria were borrowed from the American Planning Association's model
ordinance for utility -scale solar energy facilities.6 With respect to omitted glare, solar arrays are
designed to absorb as much solar energy as possible, therefore negative impacts from omitted glare
are less likely.' However, staff will continue to monitor the recommended additional approval criteria
regarding light and glare to see if additional measures will be necessary in the future.
Rationale for Text Amendments
Staff recommends amending the City Code to allow for utility -scale ground -mounted solar energy
systems in Public zones as an entry into possibly expanding the City's solar energy policies. These
amendments will not have any effect on how smaller scale, residential and accessory solar facilities are
permitted, as these facilities will continue to be permitted as accessory structures to the principal use
and structure. As utility -scale ground -mounted solar energy systems are vast in size (generally more
than 1 -acre of land), they typically constitute the primary use on a parcel. Therefore, the City cannot
use the same codification it uses for smaller scale, accessory solar.
5 American Planning Association. "Planning for Utility -Scale Solar Energy Facilities". September 2019.
6 American Planning Association. "Planning for Utility -Scale Solar Energy Facilities". September 2019.
https://www.energV.gov/eere/solar/downloads/solar-pv-and-g lare-factsheet.
November 1, 2019
Page 6
Staff believes that the proposed text amendments will create opportunities for public entities to consider
incorporating solar facilities into their property to help offset traditional energy use and aide in the City's
efforts to meet greenhouse gas emission reduction targets.
Comments from MidAmerican
Staff provided the draft text amendment to MidAmerican for their review and comment. MidAmerican's
comments are provided in Attachment #3. Staff incorporated some, but not all of MidAmerican's
suggested edits. Specifically, staff did not incorporate the following suggested edits (highlighted):
Utility -scale ground -mounted solar energy systems must be screened from pubk view and view of any
adjacent residential zones to at least the S3 standard. A utility -scale ground -mounted solar energy
system may be exempt from S3 screening requirements if the system is located in a Public zone and is
used in part for educational purposes.
To the extent any required screening does not minimize glare, the exterior surfaces of utility -scale
ground -mounted solar energy system panels shall have a finish to minimize glare and solar arrays shall
be designed and installed to minimize glare, without materially reducing energy production of the
system, to a degree that no after image would impact vehicular traffic and any adjacent building.
Next Steps
Pending recommendation of approval from the Planning and Zoning Commission, the City Council must
hold a public hearing to consider the proposed text amendments.
Recommendation
Staff recommends that the Planning and Zoning Commission approve the proposed text amendments
to include utility -scale ground -mounted solar energy systems as an allowable provisional use in Interim
Development Industrial (ID -1), General Industrial (1-1), Heavy Industrial (1-2), Neighborhood Public (P-
1), and Institutional Public (P-2) zones, and via special exception in all Commercial zones as well as
Interim Development Research Park (ID -RP), Research Development Park (RDP), and Office
Research Park (ORP) zones.
Attachments:
1. Photo Examples of Utility -Scale Solar Energy Systems and Solar Arrays
2. Draft Text Amendment
3. Draft Text Amendment with MidAmerican Comments
Approved by:
Danielle Sitzman, AICP
Department of Neighborhood and Development Services
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DRAFT Text Amendments – Utility -Scale Ground -Mounted Solar Energy Systems –
Attachment #2
Amend Table 2C-1: Principal Uses Allowed in Commercial Zones, as follows:
Table 2C-1: Principal Uses Allowed in Commercial Zones
CO- CN- CH- Cl- CC- CB- CB- CB -
Use Categories Subgroups 1 1 1 1 1 1 1 1 1 2 1 2 1 5 10 MU
— -F-F-F-F-F-F-F
Institutional and
civic uses:
Utility-scale��
ground -mounted
solar energy
systems S S S S S S S S
Amend Table 213-1: Principal Uses Allowed in Industrial and Research Zones, as follows:
Table 2D-1: Principal Uses Allowed in Industrial and Research Zones
Use Categories Subgroups 1-1 1-2 1 RDP ORP
Institutional and
civic uses:
Utility -scale
ground -mounted
solar energy
systems PR PR S S
Amend Table 2E-1: Principal Uses Allowed in Interim Development Zones, as follows:
Table 2E-1: Principal Uses Allowed in Interim Development Zones
Use Categories Subgroups ID- ID- ID- ID- ID -
RS RM C I RP
Institutional and
civic uses:
Utility -scale S PR S
ground -mounted
solar energy
systems
Amend 14 -2F -2C, Provisional Uses, as follows:
1. Privately -owned communication transmission facilities. (Ord. 09-4358, 10-20-2009)
2. Utility -scale ground -mounted solar energy system.
Amend 14 -4A -6A, Basic Utility Uses, as follows:
1. Characteristics: "Basic utilities" are infrastructure services that need to be located in or near the
area where the service is provided. Basic utility uses generally do not have a large number of
employees at the site. Services may be publicly or privately provided.
2. Examples: Utility substation facilities, such as electric substations, gas regulator stations,
telecommunications switching and relay facilities; water and sewer lift stations, water towers,
and reservoirs.
3. Accessory Uses: Parking; control, monitoring, data or transmission equipment.
4. Exceptions:
a. Services where employees or the general public are generally present are classified as
community service or office uses.
b. Utility offices where employees or customers are generally present are classified as office
uses.
c. Bus barns are classified as warehouse and freight movement.
d. Communications towers, including radio, television, and wireless communications
infrastructure, are classified as communication transmission facilities.
e. Utility -scale ground -mounted solar energv systems are not considered a basic utility use.
Amend 14-413-41D, Institutional and Civic Uses, as follows:
18. Utilitv-Scale Ground -Mounted Solar Enerav Svstems:
a. Any utility -scale ground -mounted solar energy systems may not be located closer than 200'
from anv residential zone.
b. Utility -scale ground -mounted solar energy systems must be screened from public view and
from view of any adjacent residential zones to at least the S3 standard. A utility -scale ground -
mounted solar energv system may be exempt from S3 screening requirements if the system is
located in a Public zone and is used in part for educational purposes.
c. Utility -scale ground -mounted solar energy systems may not be closer than 20' from all
Property lines, or according to the minimum setback requirements in the underlying base zone,
whichever is greater.
d. Utility -scale ground -mounted solar energy systems shall be enclosed by security fencing.
Fencing must be between 6' and 8' in height. Up to three (3) individual horizontal strands of
barbed wire may be placed atop the fence. Barbed wire strands will not be included in the
overall fence height measurement.
e. The maximum height of utility -scale ground -mounted solar energy systems shall be no
greater than 15'.
f. Any on-site lighting provided for the operational phase of the utility -scale ground -mounted
solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent
properties, and positioned downward to minimize light spillage onto adjacent properties.
g. Exterior surfaces of utility -scale ground -mounted solar energv system panels shall have a
nonreflective finish to minimize glare and solar arrays shall be designed and installed to
minimize glare to a degree that no after image would occur towards vehicular traffic and any
adjacent building.
h. Any utility -scale ground -mounted solar energy system that intends to locate in a commercial
(CO -1, CN -1, CH -1, CI -1, CC -2, CB -2, CB -5, CB -10), research (RDP), office park (ORP), or
interim development zone (ID -C, ID -RP,) must also satisfy the approval criteria for a special
exception for a basic utilitv set forth in Section 14 -4B -4D-1 b-(2).
Amend 14-9A-1, Definitions, as follows:
Solar Energy System: A device, array of devices, or structural design feature, the purpose of
which is to provide for generation of electricity, the collection, storage and distribution of solar
energy
Utility -Scale Ground -Mounted Solar Energy System: A solar energy system that is structurally
mounted on the ground and is not roof mounted, and the system's footprint is at least 1 acre in
size. Utility -scale ground -mounted solar energy systems may be used for both on-site and off-
site consumption of energy.
DRAFT Text Amendments – Utility -Scale Ground -Mounted Solar Energy Systems –
Attachment #3
Amend Table 2C-1: Principal Uses Allowed in Commercial Zones, as follows:
Table 2C-1: Principal Uses Allowed in Commercial Zones
CO- CN- CH- Cl- CC- CB- CB- CB -
Use Categories Subgroups 1 1 1 1 1 1 1 1 1 2 1 2 1 5 10 MU
— -F-F-F-F-F-F-F
Institutional and
civic uses:
Utility-scale��
ground -mounted
solar energy
systems S S S S S S S S
Amend Table 213-1: Principal Uses Allowed in Industrial and Research Zones, as follows:
Table 2D-1: Principal Uses Allowed in Industrial and Research Zones
Use Categories Subgroups 1-1 1-2 1 RDP ORP
Institutional and
civic uses:
Utility -scale
ground -mounted
solar energy
systems PR PR S S
Amend Table 2E-1: Principal Uses Allowed in Interim Development Zones, as follows:
Table 2E-1: Principal Uses Allowed in Interim Development Zones
Use Categories Subgroups ID- ID- ID- ID- ID -
RS RM C I RP
Institutional and
civic uses:
Utility -scale S PR S
ground -mounted
solar energy
systems
Amend 14 -2F -2C, Provisional Uses, as follows:
1. Privately -owned communication transmission facilities. (Ord. 09-4358, 10-20-2009)
2. Utility -scale ground -mounted solar energv system.
Amend 14 -4A -6A, Basic Utility Uses, as follows:
1. Characteristics: "Basic utilities" are infrastructure services that need to be located in or near the
area where the service is provided. Basic utility uses generally do not have a large number of
employees at the site. Services may be publicly or privately provided.
2. Examples: Utility substation facilities, such as electric substations, gas regulator stations,
telecommunications switching and relay facilities; water and sewer lift stations, water towers,
and reservoirs.
3. Accessory Uses: Parking; control, monitoring, data or transmission equipment.
4. Exceptions:
a. Services where employees or the general public are generally present are classified as
community service or office uses.
b. Utility offices where employees or customers are generally present are classified as office
uses.
c. Bus barns are classified as warehouse and freight movement.
d. Communications towers, including radio, television, and wireless communications
infrastructure, are classified as communication transmission facilities.
e. Utility -scale ground -mounted solar energv systems are not considered a basic utility use.
Amend 14-413-41D, Institutional and Civic Uses, as follows:
18. Utilitv-Scale Ground -Mounted Solar Enerav Svstems:
a. Any utility -scale ground -mounted solar energy systems may not be located closer than 200'
from anv residential zone.
b. Utility -scale ground -mounted solar energy systems must be screened fr^m publ;^ view and
from view of any adjacent residential zones to at least the S3 standard. A utility -scale ground -
mounted solar energv system may be exempt from S3 screening requirements if the system is
located in a Public zone and is used in Dart for educational purposes.
c. Utility -scale ground -mounted solar energv systems may not be closer than 20' from all
Property lines, or according to the minimum setback requirements in the underlying base zone,
whichever is greater.
d. Utility -scale ground -mounted solar energy systems shall be enclosed by security fencing.
Fencing must be between 6' and 8' in height. Up to three (3) individual horizontal strands of
barbed wire may be placed atop the fence. Barbed wire strands will not be included in the
overall fence height measurement.
e. The maximum height of utility -scale ground -mounted solar energy systems shall be no
greater than 15'.
f. Any on-site lighting provided for the operational phase of the utility -scale ground -mounted
solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent
properties, and positioned downward to minimize light spillage onto adjacent properties.
g. To the extent any required screening does not minimize glare, €the exterior surfaces of utility -
scale ground -mounted solar energy system panels shall have a ReRreflentmye finish to minimize
glare and solar arrays shall be designed and installed to 4m -it -minimize glare, without materially
reducing energy production of the system, to a degree that no after image would GGGw
tewa-Fdsimpact vehicular traffic and any adjacent building.
h. Any utility -scale ground -mounted solar energy system that intends to locate in a commercial
(CO -1, CN -1, CH -1, CI -1, CC -2, CB -2, CB -5, CB -10), research (RDP), office park (ORP), or
interim development zone (ID -C, ID -RP,) must also satisfy the approval criteria for a special
exception for a basic utilitv set forth in Section 14 -4B -4D-1 b-(2).
Amend 14-9A-1, Definitions, as follows:
Solar Energy System: A device, array of devices, or structural design feature, the purpose of
which is to provide for generation of electricity, the collection, storage and distribution of solar
energy for crane heatORQ daylight fer interier lmght;RQer �� Ater heating
Utility -Scale Ground -Mounted Solar Energy System: A solar energy system that is structurally
mounted on the ground and is not roof mounted, and is--a-rt4east the system's footprint is at least
1 acre in size. Utility -scale ground -mounted solar energy systems may be used for both on-site
and off-site consumption of energy.
Planning and Zoning Commission
November 7, 2019
Page 26 of 31
Hensch opened the public hearing.
Gina Landau (MMS Consultants) stated the proposal is to build one single family home on this
lot. She will address the outlot that was discussed for preservation, she understands the desire
for that but can confirm that people who move to the county and want to build homes in the
county want to keep those trees, they move there because they like the trees. They like the
ravines, they like all of that. So, that fact as well as the fact that the County's Sensitive Areas
Ordinance ties them really tightly to everything. In the County right now they are only allowed to
clear 25% trees to build a home but that is about to go to 15% with the Unified Development
Ordinance that is planned to be approved in December or January. So there's really not a reason
to worry about preservation because the Sensitive Areas Ordinance in the County already
handled that. Landau addressed Mr. Baker's comment about the Fringe Area Agreement. She
believes that the one with Iowa City has been expired since 2006. Hekteon stated there is a valid
Fringe Area Agreement in place right now, it is an automatic renewal. Landau understands it
automatically renews but it hasn't been updated with two of the current County updates. Russett
acknowledged it has been a long time since it's been updated, they are working on updating it
right now and recognize it's out of date.
Hensch closed the public hearing.
Parsons moved to recommend approval of CZ19-02 an application submitted by Charles
Ockenfels for a rezoning of approximately 2.43 acres of property located in
unincorporated Johnson County from County Agriculture (A) to County Residential (R)
with encouragement that the rest of the property be preserved.
Signs seconded the motion.
No discussion so Hensch called the question.
A vote was taken and the motion passed 6-1 (Baker dissenting).
CASE NO. ZCA19-05:
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to utility -scale,
ground -mounted solar energy systems.
Russett gave some background noting the City and MidAmerican energy are currently exploring
options for installing a solar facility near the water plant. Currently the Zoning Code doesn't have
a comprehensive solar ordinance. How the City regulates solar right now is to consider large
scale solar as a basic utility use, and basic utility uses are allowed in industrial and commercial
zones, they are not allowed in public zones. The proposed amendment is to create a new use
for utility scale ground mounted solar energy systems to add some additional approval criteria for
those uses, and to allow those uses as a provisional use in public zones. The City allows basic
utilities as a provisional use in the industrial zones via special exception and the commercial
zones and they are not allowed in our public zones. Staff is proposing is to continue to allow just
Planning and Zoning Commission
November 7, 2019
Page 27 of 31
utility scale solar uses as a provisional use in industrial zones and via special exception in the
commercial zones, and then add utility scale solar as a provisional use in public zones.
Staff is also proposing some specific approval criteria for these utility scale uses. Some of these
were carried over from the approval criteria the City requires for basic utility uses. Additional
criteria were added based on the review of other jurisdictions solar ordinances. In terms of the
criteria, staff is proposing that the solar and energy facility would be located at least 200 feet
from any residential zone, it is screamed from public view and view of any residential zone, and
they are proposing an exemption from this screening requirement if the solar facility has some
educational purpose and it's located in a public zone. Staff anticipates that some public entities
will want to have some sort of educational component to future solar facilities, this could include
signage and explanation of the benefits of solar energy. In those instances it's important to
actually see the solar facility and not screen it. Staff is also recommending a setback of at least
20 feet from all property lines or the minimum setback that would be required in the bass zone if
it's larger than 20 feet. They are recommending a criteria that the solar facility would be
enclosed by a six to eight foot fence and are allowing additional height for barbed wire fencing.
Staff is recommending the solar facility height be maxed out at 15 feet and that any lighting be
full cutoff compliant lighting and that the solar panels use non -reflective surfaces to minimize
glare.
Regarding the solar facilities that would require a special exception process, all of those
provisional use criteria would be carried forward to the zones where special exception would be
required but then there would be some additional requirements that the Board of Adjustment
would have to review. The two additional criteria are that they use is be compatible with
surrounding structures and that the Board of Adjustment could consider additional design
elements for uses in highly visible areas. Russett noted these two criteria are carried forward
from the current code.
Staff are also proposing two definitions, one for a solar energy system, and then a definition for
utility scale ground mounted solar energy system. The important note here is they are
recommending the utility scale ground mounted start at a facility that's at least one acre in size.
The rationale for our text amendments is they feel this is kind of the first start and entry into the
City possibly expanding the solar provisions in the solar regulations, and in the future may
consider adopting a more comprehensive ordinance. These amendments also will not affect how
smaller scale accessory solar facilities are permitted on residential or commercial uses and it will
also create opportunities for public entities to consider solar on site. Finally it will help to achieve
the City's climate action goals.
After the Planning Commission's recommendation this will go to City Council for public hearing
and consideration of the amendments.
Staff is recommending approval of the text amendments to Title 14, Zoning of the Iowa City Code
related to utility -scale, ground -mounted solar energy systems.
Planning and Zoning Commission
November 7, 2019
Page 28 of 31
Hensch asked if this regulation is only for PV fields that are one acre or more and they have to
be ground mounted units. Russett confirmed that was correct. Hensch asked if one is created in
an area zoned P1 or P2 does that have to go before the Board of Adjustment. Russett stated
they are recommending it be a provisional use so it would not have to go to the Board of
Adjustment in the P zones.
Martin asked if the screening requirement is also only for these large spaces. Russett confirmed
that was correct, for one acre or more areas.
Hensch comment the one thing he finds a little disturbing is the three strands of barbed wire the
top like it's a government secret or something, he can't really see how this is much of an
attractive nuisance. If you have a six-foot fence or eight -foot fence it seems cosmetically to look
bad and he doesn't agree with that.
Signs agreed and asked what is the rationale for screening from public view? Russett stated it is
a provision that they carried forward from the current regulations for basic utilities. The concern
was that especially if it's close to residential or public right-of-way people might not like to look at
these and think they're not aesthetically pleasing. They are talking about S3 screening.
Baker asked what full cutoff compliant lighting is. Russett said another way to refer to it is as
dark skies compliant so all the light shines down and it avoids spillage.
Signs asked about S3 screening. Hensch explained it's all the perimeter bushes and plants,
there is S1, S2 and S3 with S3 being the highest level. Russett added the S3 is between five and
six feet of screening height.
Signs wondered if there was any mention of any thought about roof mounted systems. For
example in the east side industrial park there's literally acres of roof out there, would this prohibit
that. Hensch asked if there was a regulation with the utilities that only a certain percentage of a
building power can be contributed by PV so that would prevent that from happening. Signs asks
because he knows there are communities across the country where public utilities lease rooftops
to put on large solar arrays to contribute to the to the net worth.
Hekteon stated this will not change how those are regulated. This is amendment is allowing
ground mounted large-scale solar arrays in the public zone and also establishing more criteria for
its use in other zones. It is not changing roof mounted regulations at this time.
Russett wonders if the question is if the roof mounted facility is more than an acre, and if you
have a building that has a roof that is that large, would that be still accessory or not? Hensch
noted an acre rooftop is like 60 feet by 660 feet and it's going to be tough to find a building to
accomplish that. Russett said that is something to be considered for the future.
Townsend stated she is pleased to see some things happening with conserving energy now.
She asked how these regulations differ from the wind energy that we're seeing going up around
Iowa. Russett replied from a zoning standpoint some of the concerns related to wind are
Planning and Zoning Commission
November 7, 2019
Page 29 of 31
different than the concerns related to solar. Some people really don't like seeing the windmills
and there's some concern about the visual impact of them, there's concerns about birds and if
they're in a migratory bird path. Townsend added with all the talk about climate change, Iowa
City would be a nice place to be in the forefront so why hide it.
Hensch opened the public hearing.
Adam Jablaski (MidAmerican Energy) is from the office in Urbandale, Iowa. He appreciates the
City putting this together, they do think it's a very workable ordinance and addresses some of the
City's residents' concerns. He wanted to add one comment, in the 18G section it says no after
image, after images are when you stare at a light and close your eyes you see the after image of
that light. So he recommends the City either say minimize the after image or completely remove
it because of the glare. The glare can cause any after image and the glare minimization is
already addressed in here, saying no to anything is a high standard to hit.
Hensch asked about the question about solar panels on rooftops of commercial or industrial.
Jablaski stated he is not a system planning expert for a MidAmerica but can follow up.
Hensch closed the public hearing.
Parsons moved to recommend approval of ZCA 19-05, Amendments to Title 14, Zoning of
the Iowa City Code related to utility- scale, ground -mounted solar energy systems with the
note about changing the draft code language regarding glare.
Townsend seconded the motion.
Dyer asked if this is installed at the Treatment Plant will it interfere with the walking trails.
Russett said it might temporarily during the construction phase but most of them will still be open
even during construction.
A vote was taken and the motion passed 7-0.
CONSIDERATION OF MEETING MINUTES: OCTOBER 17, 2019
Parsons moved to approve the meeting minutes of October 17, 2019.
Signs seconded.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett noted on Monday the City Council adopted the rezoning ordinance and conditional
zoning agreement for the rezoning on East Prentiss Street for the Capstone Collegiate
Communities rezoning.
M
Prepared by: Ray Hehner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238
Ordinance No. 20-4817
Ordinance amending Title 14, Zoning, related to utility -scale, ground -
mounted solar energy systems. (ZCA19-05)
Whereas, in September 2018 the City adopted a Climate Action and Adaptation Plan that
outlines various strategies and actions to reduce greenhouse gas emissions; and
Whereas, one of the actions identified in the Climate Action and Adaptation Plan is initiating
community solar projects; and
Whereas, the current City Code lacks a comprehensive solar ordinance; and
Whereas, the proposed ordinance would clarify the regulation of solar facilities by including a
definition for utility -scale ground -mounted solar energy systems; and
Whereas, the proposed ordinance allows utility -scale ground -mounted solar energy systems
in Public and Industrial zones as a provisional use, provided that additional use -specific criteria
are met; and
Whereas, the proposed ordinance allows utility -scale ground -mounted solar energy systems
in Commercial, Research, and Interim Development Commercial, Interim -Development Research
Park zones via special exception, provided that additional use -specific criteria are met, as well as
additional special exception approval criteria; and
Whereas, the Planning and Zoning Commission held a meeting on November 7, 2019 and
recommend approval of the aforementioned zoning code amendments; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa, that:
Section 1. Title 14 of the Iowa City Code is hereby amended by adding the underlined language
to the sections shown below:
Ordinance No. 20-4817
Page 2
Table 2C-1: Principal Uses Allowed in Commercial Zones:
Table 2D-1: Principal Uses Allowed in Industrial and Research Zones:
Use Categories Subgroups
1-1 I-2 RDP
CO-
Institutional and
--[6C-
�CB-
CB-
CB -
RM
Use Categories
Subgroups
1
[CN--[Ci4-
[CCI
FaRRF[a
10
MU
Institutional and
S
Utility -scale
civic uses:
S
ground -mounted
FFF
r
solar energv
systems
ground -mounted
Fa
F�i
Fa
Fa
Fa
FaFa
FaUtility-scaleF1
solar energvs
systems
sv tems
S
S
S
S
S
SS
Table 2D-1: Principal Uses Allowed in Industrial and Research Zones:
Use Categories Subgroups
1-1 I-2 RDP
ORP
Institutional and
I
IU
civic uses:
RM
RP
Institutional and
Utility -scale
-ground-mounted
—17
FaRRF[a
-17
-
solar energv
systems
S
Table 2E-1: Principal Uses Allowed in Interim Development Zones:
Use Categories
Subgroups
I
IU
RS
RM
RP
Institutional and
—17
-17
-
civic uses:
Utility -scale
S
ground -mounted
FFF
r
solar energv
systems
14-217-2C, Provisional Uses:
1. Privately owned communication transmission facilities. (Ord. 09-4358, 10-20-2009)
2. Utility -scale ground -mounted solar energy system.
14 -4A -6A-4, Exceptions:
e. Utilitv-scale ground -mounted solar enerqv systems are not considered a basic utilitv use.
14 -4B -4D, Institutional and Civic Uses:
Ordinance No. 20-4817
Page 3
18. Utility -Scale Ground -Mounted Solar Energy Systems:
a. Any utility -scale ground -mounted solar energv systems may not be located closer than
200' from any residential zone.
b. Utility -scale -ground-mounted solar energv systems must be screened from public view
and from view of any adjacent residential zones to at least the S3 standard. A utility -scale
ground -mounted solar energv system may be exempt from S3 screening requirements if the
system is located in a Public zone and is used in part for educational purposes.
c. Utility -scale ground -mounted solar energy systems may not be closer than 20' from all
Property lines, or according to the minimum setback requirements in the underlying base
zone, whichever is greater.
d. Utility -scale ground -mounted solar energy systems shall be enclosed by security fencing.
Fencing must be between 6' and 8' in height. Up to three (3) individual horizontal strands of
barbed wire may be placed atop the fence. Barbed wire strands will not be included in the
overall fence height measurement.
e. The maximum height of utility -scale ground -mounted solar energy systems shall be no
greater than 15'.
f. Any on-site lighting provided for the operational phase of the utility -scale ground -mounted
solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent
properties, and positioned downward to minimize light spillage onto adjacent properties.
g. Exterior surfaces of utility -scale ground -mounted solar energy system panels shall have a
nonreflective finish to minimize glare and solar arrays shall be designed and installed to
minimize glare towards vehicular traffic and any adjacent building.
h. Any utility -scale ground -mounted solar energy system that intends to locate in a
commercial (CO -1, CN -1, CH -1, CIA, CC -2, CB -2, CB -5, C13-10). research (RDP), office
park (ORP). or interim development zone (ID -C. ID -RP.) must also satisfy the approval
criteria for a special exception for a basic utility set forth in Section 14 -4B -4D-1 b-(2).
14-9A-1, Definitions:
Solar Energy System: A device, array of devices, or structural design feature, the purpose of
which is to provide for generation of electricity, the collection, storage and distribution of
solar ener-gv.
Utility -Scale Ground -Mounted Solar Energy System: A solar energv system that is
structurally mounted on the ground and is not roof mounted, and the system's footprint is at
least 1 acre in size. Utility -scale ground -mounted solar energy systems may be used for
both on-site and off-site consumption of energy.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Ordinance No. 20-4817
Page 4
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 no adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval,
and publication, as provided by law.
Passed and approved this 7th day of January , 2020
MaAr
Approved by
Eiw u ✓�EL11 7 4"
Ci y Attorney's Office 1112_4,118
Ordinance No. 20-4817
page 5
It was moved by Thomas and seconded by Salih that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 12/03/2019
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton,
Cole, Mims. NAYS: None. ABSENT: None.
Second Consideration 12/17/2029
Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton,
Cole, Mims. NAYS: None. ABSENT: None.
Date published 01/16/2020
10�
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance repealing Ordinance No. 19-4793, a temporary moratorium
on new rental permits for single-family and duplex units.
Whereas, Ordinance No. 19-4793 established a temporary moratorium on new rental
permits for single-family and duplex units in certain neighborhoods to allow staff time to study
options to enhance and stabilize neighborhoods in light of the passage of HF 134 that prohibited
the City from enforcing its rental permit cap;
Whereas, Ordinance No. 19-4793 will sunset on March 7, 2020;
Whereas, with the consideration of an ordinance to require radon testing and mitigation and
an ordinance related to single-family site development standards, Ordinance No. 19-4793
should be repealed prior to its sunset date; and
Whereas, it is in the City's best interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Ordinance No. 19-4793, codified at Title 17, Chapter 15, is repealed.
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 in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 20
Mayor rou�d� q
Attest: f -`-)' it - n 'f
City Clerk City Attorneys Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
First Consideration 01/07/2020
Vote for passage: AYES: Teague, Thomas, Weiner, Bergus, Mims,Salih
Taylor. NAYS: None. ABSENT: None
Second Consideration _
Vote for passage:
Date published
Kellie Fruehling
From:
Samantha Karrel <samanthakarrel@gmail.com>
Sent:
Tuesday, December 17, 2019 4:56 PM
To:
Council
Subject:
Change rental permit moratorium
ASK
I'm a Northside homeowner with a child at Mann Elementary. The rental moratorium may have been a necessary
measure to plan for the future of our neighborhoods, but it can't be our plan. The health of our neighborhood requires
a more nuanced and informed ordinance. I support neighbors as owner occupiers and as investors in rental homes,
which they are more likely to care for and open up to responsible renters.
Please consider openning up permits to allow neighbors to invest in dilapidated and outdated homes. This is clearly
preferred to the instability created by short-term "owner occupied" undergrads or fraternity spill-over home purchasing,
as is the interest for a home on the 800 block of N Linn.
With Respect,
Samantha Karrel
Samantha Karrel
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We are asking you to limit the number of bedrooms in single-family detached houses to
four in our neighborhood. We understand that the number of bedrooms in attached single-
family houses and duplexes is limited to four per unit. We believe that is a reasonable
number. We do not understand why that number was not applied to single-family detached
houses, at least in our neighborhood, where four bedrooms is typically the maximum.
Once again, we refer to the purpose of the RNS-12 zone to stabilize certain existing
neighborhoods by preserving the predominantly single-family character of the
neighborhood. We also refer to one of the goals expressed by the City Council when the
moratorium was adopted, "to maintain neighborhood characteristics and housing options
suitable for attracting a diverse demographic in the City's older single-family
neighborhoods."
We intuitively know what constitutes a single-family house. It has to do with the roughly
equal proportions of private living space (bedrooms and bathrooms) to communal living
(where you eat, cook, and live) and to unhabitable spaces, which deal with the functioning
of the house (furnace, laundry, and storage).
Limiting the number of bedrooms to four helps to create a structure that functions as a
detached single-family house appropriate for a diverse demographic. It is in keeping with
the houses that already exist in the neighborhood.
Please limit the number of bedrooms to four in single-family detached houses in our
neighborhood.
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